Takutai Moana Victory for Ruapuke; Ngāi Tahu Calls for Government to abandon proposed Law Reform

Te Rūnanga o Ngāi Tahu has welcomed a High Court decision confirming that Ruapuke Island whānau hold Customary Marine Title over the takutai moana of the Ruapuke Island Group in Te Ara a Kiwa/Foveaux Strait.

The decision affirms the deep ancestral connection of customary Ruapuke Island Group landowners, whose descendants lodged applications in 2017 under the Marine and Coastal Area (Takutai Moana) Act 2011.

It comes as the Government pushes legislation that could undermine this decision and make future recognition much harder to achieve.

Te Rūnanga o Ngāi Tahu Kaiwhakahaere Justin Tipa congratulated the Ruapuke whānau on their achievement.

“This is a momentous decision that acknowledges the enduring relationship Ruapuke whānau have with their takutai moana, and their unwavering commitment to protecting, using, and caring for it in line with tikanga Māori.

“The whānau have worked tirelessly to bring their case before the Court, and we congratulate them on securing recognition of what their kaumātua and tīpuna have always known.”

The ruling legally recognises that the Ruapuke whānau have exclusively used and occupied the takutai moana since 1840 without substantial interruption, consistently exercising their mana and guardianship through kaitiakitanga, mahinga kai, rāhui, and protection of biodiversity.

In its decision, the Court noted expert evidence on tikanga from Dr Hana O’Regan on behalf of Te Rūnanga o Ngāi Tahu. Supporting the Ruapuke applicants, Dr O’Regan emphasised that tikanga is grounded in whakapapa. For an applicant group to hold a specified area in accordance with tikanga, they must have a whakapapa that connects them to that area.

Customary Marine Title recognises authority over a defined marine area. It does not create private ownership, but affirms the ability of whānau to participate in decisions affecting the marine environment, protect wāhi tapu, and continue exercising customary rights.

While celebrating the ruling, Justin Tipa also expressed his deep disappointment about the Government’s plan to proceed with the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill, which would make it significantly harder to prove customary marine title claims.

“The Ruapuke decision proves the Act already provides a fair and workable pathway for whānau, hapū, and iwi to have their longstanding relationships with the takutai moana recognised.

“The Government’s proposal to raise the bar for applicants undermines that intent. It risks rewriting the rules midway and setting a threshold so high that very few whānau will be able to succeed, no matter how strong their tikanga and whakapapa connections are.”

Te Rūnanga o Ngāi Tahu will continue to pursue its application and oppose reforms that weaken the recognition of Māori rights and responsibilities in the takutai moana.

“This ruling is a reminder of our shared duty to care for our coastal and marine environments. We stand firmly with our whānau and will continue to oppose any moves that stop their rights from being recognised in law.”

Submissions on the Bill closed on 15 October last year, with almost 6,700 received. Since then, the Supreme Court clarified the legal test for Customary Marine Title, a ruling the Government paused to consider for eight months before deciding to press on. The legislation is expected to pass by the end of October.

Minister Goldsmith has confirmed the new test would apply retrospectively, including to High Court decisions like Ruapuke which have been delivered since July 2024.

“While the Government has promised $15 million to fund rehearings, New Zealanders should be asking whether rewriting the rules midstream, undermining court decisions, and forcing costly repeat hearings is a fair or responsible use of taxpayer money,” says Justin Tipa.