Iwi leadership across Aotearoa has thrown its support behind a High Court challenge to recent changes to the Marine and Coastal Area (Takutai Moana) Act, backing Ngāti Manuhiri’s legal action that aims to protect Māori customary rights to the takutai moana.
The National Iwi Chairs Forum – representing numerous tribal leadership bodies from across the motu – has publicly endorsed the court case initiated by Ngāti Manuhiri, which argues that the government’s amendments to the Marine and Coastal Area Act make it more difficult for iwi and hapū to obtain customary marine title and protect their cultural interests in New Zealand’s marine and coastal area.
The marine and coastal law framework – originally established by the Marine and Coastal Area (Takutai Moana) Act 2011 – replaced the controversial Foreshore and Seabed Act 2004 and created a path for iwi, hapū and whānau to seek legal recognition of customary interests in the coastal marine area.
However, amendments introduced by the government in 2024–25 have raised the bar for iwi to qualify for customary marine title and tied those changes to applications already underway, which iwi leaders say undermines justice and the ability of tangata whenua to be recognised according to tikanga and long-standing connections to the takutai moana. Critics also point to concerns the process lacked meaningful consultation and could breach principles of Te Tiriti o Waitangi.
Ngāti Manuhiri’s High Court challenge seeks to test whether the amendments – particularly their retrospective application – are lawful and consistent with rights protected under the Act and treaty obligations. The backing of the National Iwi Chairs Forum adds significant weight to the legal action, reflecting deep concern among iwi leadership over the future of customary rights recognition in coastal waters.
Representatives from the Forum have framed the challenge as part of a broader effort to ensure that Māori authority, cultural interests and tino rangatiratanga over the takutai moana are upheld against legal changes seen as diminishing longstanding rights. The outcome of the court proceedings could have wide-ranging implications for Māori claims to marine and coastal areas across Aotearoa.
