The High Court has confirmed that the Ruapuke Island Group whānau retain Customary Marine Title over waters surrounding the island in Te Ara a Kiwa, also known as Foveaux Strait, following a rehearing under newly amended legislation.
In a judgment released on 26 February, Justice Churchman found the applicant group met the revised and more restrictive legal tests introduced by the Marine and Coastal Area (Takutai Moana) Amendment Act.
The decision reaffirms an earlier High Court ruling from August 2025, when the Ruapuke Island Group was first granted Customary Marine Title under the Marine and Coastal Area (Takutai Moana) Act 2011.
The amended law required the Court to reconsider all evidence and legal arguments previously submitted. After reassessing historical, cultural and contemporary material, Justice Churchman concluded the whānau had held the specified area in accordance with tikanga continuously since 1840, and had exclusively used and occupied the takutai moana without substantial interruption.
Evidence presented included generations of customary harvesting of kaimoana, the use of named fishing grounds, seasonal mahinga kai practices, and active stewardship of the marine environment through kaitiakitanga and conservation measures.
Ailsa Cain of the Kīhau whānau said the outcome reaffirmed what Ruapuke whānau and their tīpuna had always known.
“The Amendment Act asked the Court to apply new and more restrictive tests and consider all the evidence again. We are grateful that the Court has once more recognised our whakapapa, our tikanga, and our uninterrupted relationship with these waters since before 1840,” says Cain.
Ricky Fife of the Topi whānau said the ruling demonstrated the enduring relationship whānau have with the Ruapuke Island Group and affirmed mana tuku iho, inherited authority, giving them legal standing to participate in decisions about the marine environment.
“This decision acknowledges the enduring relationship Ruapuke whānau have with the takutai moana, and generations of commitment to protecting, using and caring for it in accordance with tikanga Māori,” says Fife.
Jasmine Stewart of the Whāitiri whānau said the second ruling recognised ongoing practices of kaitiakitanga, mahinga kai and rāhui across generations.
“This decision further acknowledges something that has never been lost, the relationship between whānau and the water. We thank the court for hearing our case, and affirming the ongoing relationship whānau hold with the Ruapuke Island Group,” says Stewart.
The Court also confirmed that commercial fishing and navigation did not amount to a substantial interruption of customary use and occupation. It found those activities had not prevented whānau from continuing their customary practices or exercising kaitiakitanga.
Te Rūnanga o Ngāi Tahu Kaiwhakahaere, Justin Tipa, joined the Ruapuke Island whānau in acknowledging the significance of the decision.
Tipa said, “We congratulate the whānau on a great outcome and on their resilience. Despite the government changing the law and forcing them back to court to face much stricter tests, their unbroken connection to these waters has now been recognised for a second time.
“This victory is significant, but we remain deeply concerned for other whānau who now have to fight much harder for their own recognition. Changing the law to raise the bar has put an unfair and unnecessary burden on whānau, hapū and iwi. It also risks shutting out whānau altogether, whose whakapapa and tikanga connections are just as strong as those of Ruapuke.” Tipa added.
The judgment found that customary interests in the area had never been extinguished by the Crown.
Customary Marine Title does not create private ownership of the marine area.
Instead, it recognises inherited authority and affirms the role of whānau as kaitiaki.
It enables participation in decision-making processes affecting the marine environment, protection of wāhi tapu, and the continuation of customary practices.
Public access, navigation and fishing are permitted to continue within Customary Marine Title areas.
