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January 02, 2026
Understanding the Marine and Coastal Area (Takutai Moana) Customary Marine Title Amendment Act — What It Means for Māori Rights and the Coastline
Matthew Tukaki
Posted On January 2, 2026
A significant legal shift affecting how Māori can secure customary marine title over the marine and coastal area has now been cemented in law. The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 reflects changes agreed through Parliament following a lengthy process of debate, public submissions and legal interpretation that has spanned several years.
At the heart of this legislation is a desire by the Government to clarify and redefine how Māori groups can prove customary connection to areas of te takutai moana – the common marine and coastal area extending from the high-tide mark out to 12 nautical miles. This law builds on the original Marine and Coastal Area (Takutai Moana) Act 2011, which replaced the controversial Foreshore and Seabed Act 2004 and established pathways for Māori to seek recognition of customary rights and title in the marine environment.
Why the Amendment Was Proposed
The amendment was introduced following a series of court decisions – most notably the Whakatōhea/Edwards cases – where interpretations of the law by courts such as the Court of Appeal and later the Supreme Court altered how key aspects of the 2011 Act were understood. These decisions affected the legal tests for customary marine title, potentially lowering the threshold for claims in ways some policymakers believed were not consistent with Parliament’s original intent. The Government’s response was to introduce legislation to restate Parliament’s intended requirements for customary title, especially around exclusive use and occupation over time and what evidence must be presented.
Under the new Act, amendments clarify terms such as exclusive use and occupation, substantial interruption, and the “applicable period” for proving customary title – now defined in legislation. The changes require that applicant groups must demonstrate continuous customary use and occupation of a specified area from 1840 to the present (or to the time of customary transfer), without substantial interruption, and according to tikanga Māori. These criteria must be satisfied through clear evidence of physical use and occupation.
The legislation also inserts a new Preamble that recounts the judicial history leading to the changes, including references to court decisions that prompted the amendments. It expands the legal definitions section of the Act and inserts new clauses outlining both the purposes and the interpretation of the customary marine title amendments.
In Hansard debates, MPs acknowledged the lengthy and complex history behind the reforms. During the Bill’s Committee Stage, MPs discussed specifics of clauses dealing with changes to the statutory test for customary marine title, reflecting detailed scrutiny by Parliament before the Act was passed.
The Justice Select Committee received thousands of written submissions and heard oral evidence from dozens of submitters, illustrating broad public engagement on the issue. In one debate recorded in Hansard, New Zealand First spoke in support of the Bill, highlighting the volume of submissions and engagement by the public.
Under the amended law, Māori groups seeking customary marine title must meet a higher evidentiary threshold that focuses on sustained, exclusive connection in accordance with tikanga Māori. This can affect how iwi, hapū and whānau prepare and present claims – including what historical and physical evidence they can produce to satisfy the law’s requirements.
Customary marine title, once recognised, grants specific rights including the ability to be involved in resource consent decisions and other activities that might affect the marine and coastal area. These rights do not include the power to alienate or sell the area, but they formalise Māori customary interests alongside public and Crown interests.
The amendment sits within a broader legal and constitutional context that involves Māori rights under Te Tiriti o Waitangi, ongoing interpretations of indigenous rights, and the balance between public access and customary interests in Aotearoa’s coastal environment. The changes reflect one of the most significant legislative reviews of Māori customary marine title since the Takutai Moana Act was introduced in 2011.
The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 refines and raises the bar for establishing customary marine title, responding to judicial interpretations and aiming to restore Parliament’s original intent. It affects how Māori customary rights over the foreshore and seabed are recognised and enforced, and it matters deeply to iwi, hapū and whānau engaged in claims under this legislation.
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