High Court rules Ruapuke Island whānau hold Customary Marine Title to surrounding waters under the Takutai Moana Act.
It comes as the Government pushes legislation that could undermine this decision and make future recognition much harder to achieve.
Customary Marine Title (or CMT) granted under the Act recognises the relationship of iwi, hapū or whānau with their traditional area of takutai moana.
CMT can’t be sold, but gives holders more say in resource consent processes under the Resource Management Act 1991. Public access, navigation, fishing, and other activities are allowed to continue in CMT areas.
It does not create private ownership but instead affirms mana tuku iho (inherited authority) and provides legal standing to participate in decisions affecting the marine environment.
The ruling also recognised that Ruapuke whānau had exclusively used and occupied the takutai moana since 1840, with no substantial interruption.
The Court emphasised that whānau had consistently demonstrated their mana and guardianship of the area through continued protection of biodiversity, management of the area’s fisheries, and controlling access to the islands.
The Marine and Coastal Area Act 2011
The Marine and Coastal Area (Takutai Moana) Act 2011 replaced the 2004 Foreshore and Seabed Act and provides mechanisms for recognising Māori customary rights, while ensuring public access.
The takutai moana, or common marine and coastal area, is the area starting from the mean high-tide mark and ending 12 nautical miles out to sea, although the Ruapuke Island Group application area did not extend that far.
Amendments to the Act are currently sitting before Parliament, with the Government having announced that these will be passed by October this year.
Whānau voices affirm ancestral connection to Ruapuke waters
In 2017, Melvin Cain, Jasmine Stewart, Christian Fife, and Colin Topi applied to the Court under section 98 of the Act, representing descendants of the Kīhau, Topi, and Whāitiri whānau on behalf of all Ruapuke Island landowners.
Rick Fife, of the Topi whānau, said the decision confirms the significant relationship whānau have to the Ruapuke Island Group in Te Ara a Kiwa/Foveaux Strait.
“Our application was about recognising the area that our whānau has used, protected, and had authority over for generations. Today’s decision ensures that this mahi will continue, for the generations that follow,” Fife said.
Ailsa Cain, of the Kīhau whānau, said the application was carefully considered to reflect traditional and long-held uses of the islands and surrounding waters, and was deliberately more limited than the 12 nautical mile default.
“Today’s decision reaffirms something that has never been lost – our relationship with the water – and recognises what our kaumātua and tīpuna have always known. We thank the court for hearing our case, and for its decision today," Cain expressed.
Jasmine Stewart, of the Whāitiri whānau, said the ruling reaffirmed that the applicant group and their whānau held the area in accordance with tikanga Māori, including ongoing practices of kaitiakitanga, mahinga kai, and rāhui.
In its decision, the Court also invited the applicants to submit a draft order under section 109 of the Act, to formally give effect to the now-granted Customary Marine Title.
This would allow the group to have a say on resource consent applications, protect wāhi tapu, and continue exercising its customary rights with legal recognition.
Ngāi Tahu calls for the Government to abandon proposed law reform
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,” Tipa said.
“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.”
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.
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 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,” he stressed.
