Ngāti Manuhiri hapū have announced they will take legal action in the High Court to challenge recent changes to New Zealand’s Marine and Coastal Area (Takutai Moana) law, saying the amendments unfairly restrict their ability to exercise cultural rights and access justice.
The dispute centres on changes to the Marine and Coastal Area (Takutai Moana) Act 2011, the law that governs how customary marine title and protected customary rights are recognised in Aotearoa’s marine and coastal areas. Under the Act, iwi, hapū and whānau can apply to have their tikanga-based connections to the takutai moana recognised in law – a framework that was designed to replace the controversial Foreshore and Seabed Act 2004 and return access to justice for Māori in this space.
Ngāti Manuhiri says the recent amendment limits their cultural rights, denies access to justice, and discriminates against Māori applicants by making it harder for customary rights to be recognised and by applying changes retrospectively – even to cases already before the courts.
Critics of the changes – including iwi leaders and Māori rights advocates – argue the amendments raise the legal threshold required to prove customary marine title and undermine the spirit of the earlier law. Some have compared the impact of the changes to past disputes over foreshore and seabed rights, noting the deep Māori opposition to legislation that weakens customary recognition.
The government has said that its changes aim to restore Parliament’s original intent for the law and clarify how customary marine title is granted, while still preserving free public access to beaches and the coastal environment. However, opponents maintain that tightening requirements and applying new rules retrospectively could unfairly affect iwi and hapū seeking legal recognition of longstanding connections to the takutai moana.
The High Court challenge is set to test whether the amendments are consistent with principles of fairness, access to justice and the Treaty of Waitangi, and is likely to have significant implications for Māori and coastal communities across the motu.
