Ngāi Tahu Rejects Marine and Coastal Area Amendment Act

The Government’s retrospective legislation to undermine customary rights in the marine and coastal area is a betrayal of New Zealand values and a failure of leadership, says Te Rūnanga o Ngāi Tahu Kaiwhakahaere Justin Tipa.

The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act, which passed its final reading last night, raises the threshold for iwi and hapū to have their customary marine title recognised, by amending and reversing key elements of the Marine and Coastal Area Act agreed to by Parliament in 2011.

The legislation also forces groups whose customary marine title has already been recognised to pursue costly re-hearings under the new, more restrictive legal test. This includes the recent successful claim by the Ruapuke Island Group.

“When a National-led government bypasses its own 2011 Marine and Coastal Area Act, it breaches the honour of the Crown — the duty to act with integrity, consistency, and good faith toward Māori. By seeking to avoid both Parliament’s legislative process and judicial interpretation, the government undermines a cornerstone of the Westminster system: the separation of powers and respect for due process,” says Justin Tipa.

“It shows the Crown’s failure which had put the divisiveness of the foreshore and seabed issue to rest,” he says. “In the twenty years since Māori customary rights in the marine and coastal area were confirmed by the courts, none of the scaremongering predictions have come to pass.”

Justin Tipa questioned the Government’s priorities.

“New Zealanders want action on the things that are important to them. We’re concerned about the cost of living, the health system and economic growth. Instead, the Prime Minister is allowing Parliament’s time and tens of millions of dollars to be spent re-opening old attacks on Māori rights that have been repeatedly recognised in legislation and the courts, including the confirmed rights of Ruapuke whānau in a decision less than two months ago.

“The Government claimed this Bill was needed to clarify the law after a 2023 Court of Appeal decision on how to apply the legal test for customary marine title. But the Crown won its appeal in the Supreme Court in December 2024, overturning that very judgment.

"Despite that offramp, they chose to press ahead with legislation that will cost taxpayers millions.

“It’s a failure of leadership, and it is out of touch with the concerns of New Zealanders,” says Justin Tipa.

Notes 

·         The Marine and Coastal Area (Takutai Moana) Act 2011 was passed under the National-led Government to allow customary rights in the foreshore and seabed to be investigated by the Courts.

·         The Marine and Coastal Area Act repealed the Foreshore and Seabed Act 2004, which had extinguished any existing customary title.

·         In December 2024, the Supreme Court allowed the Crown’s appeal against the Court of Appeal's Edwards decision. At that point, the Government paused its Marine and Coastal Area Amendment Bill for eight months but has now ultimately decided to continue with it.

·         Customary Marine Title does not create private ownership but recognises authority to participate in resource consent decisions and protect sites of significance.