March 04, 2026

#regional: High Court Confirms Customary Marine Title for Ruapuke Island Whānau

Matthew Tukaki Posted On March 4, 2026

The High Court has reaffirmed that descendants of the Kīhau, Topi and Whāitiri whānau from the Ruapuke Island Group hold recognised Customary Marine Title over the waters surrounding their ancestral islands in Te Ara a Kiwa/Foveaux Strait.

The decision, delivered under the Marine and Coastal Area (Takutai Moana) Act, formally acknowledges that the Ruapuke whānau have continuously used, occupied and kaitiaki-ed the takutai moana for generations – tracing back without interruption to at least 1840.

Under New Zealand law, Customary Marine Title does not grant private ownership of water or seabed, nor restrict public access – but it legally recognises a group’s mana tuku iho and ancestral connection to a defined marine area. The title gives whānau a stronger voice in decisions affecting the marine environment, including participation in regulatory processes and protection of wāhi tapu.

Rick Fife of the Topi whānau said the ruling confirms what whānau have always known: their relationship with the water is inseparable from their identity, heritage and responsibilities as kaitiaki. He described the decision as an affirmation of generations of occupation, use and guardianship of their marine environment.

Ailsa Cain, spokesperson for the Kīhau whānau, added that the application and the resulting title reflect the tikanga and whakapapa-based relationship the whānau hold with their ancestral waters. She noted the area recognised under the title had been deliberately defined to reflect traditional use rather than the full 12-nautical-mile default extent.

The recognition comes amid proposed amendments to the Takutai Moana Act that would raise the evidential bar for future Customary Marine Title claims. Te Rūnanga o Ngāi Tahu has welcomed the Ruapuke decision, calling it a momentous affirmation of whānau rights and responsibilities, but has also warned that changes to the law could make it significantly harder for other whānau, hapū and iwi to secure similar recognition.

The Ruapuke application was first lodged with the High Court in 2017, and whānau say the ruling not only recognises their enduring connection to the takutai moana but also reinforces their role as kaitiaki for future generations.