Supreme Court Affirms Māori Coastal Rights, Sets Legal Precedent

A recent ruling by the Supreme Court of New Zealand has significant implications for Māori coastal rights, potentially establishing a precedent for future claims over riverbeds. The court determined that riverbeds classified as part of the marine area, including river mouths, may be incorporated into Māori customary marine title orders, provided specific legal criteria are satisfied.

The decision particularly benefits Ngāti Ira, a hapū of the eastern Bay of Plenty iwi, Te Whakatōhea, as it affirms their customary title claim extends to the mouths of the Waiōweka and Ōtara rivers near Ōpōtiki. This ruling has been celebrated by the hapū, marking a critical moment in their ongoing pursuit of recognition and rights over their ancestral lands.

Te Ringahuia Hata, the customary title applicant for Ngāti Ira and Ngāti Patu, expressed the profound significance of the ruling. “It has been eight years since we first filed in the High Court. The timing could not be better for us, especially with the current government’s intention to remove section 58 of the Māori Affairs Amendment Act (MACA) by October,” she stated. Hata emphasized that this decision validates their tino rangatiratanga, or sovereignty, over the riverbed, representing a landmark achievement not just for their hapū but for others across Aotearoa.

The Supreme Court ruling also addressed seven additional issues related to separate appeals, including marine title claims concerning Whakaari/White Island and the Ōhiwa Harbour. Annette Sykes, the lead counsel for Ngāti Ira and Ngāti Ruatākenga, highlighted that the decision recognizes the authority vested in hapū rather than solely iwi, challenging established Crown policies that have historically favored iwi.

Sykes remarked, “This decision affirms a sense of interdependence and unity, kotahitanga, among hapū.” She noted that while the ruling clarifies a previously ambiguous area of the law, it also sets a strong precedent for other iwi and hapū seeking to assert their rights over riverbeds. The ruling aims to promote collaboration and shared stewardship with communities inhabiting these territories.

Despite concerns surrounding potential repercussions, Sykes addressed the fears surrounding the decision. “The evidence presented by Te Whakatōhea elders expressed a desire to coexist and welcome those invited into their territories,” she stated. The Waiōweka River holds deep cultural and historical significance for the hapū, serving as a refuge after the confiscations during the raupatu, or land confiscation period.

In light of the ruling, Justice Minister Paul Goldsmith announced that he would be consulting with officials regarding the implications of the judgment. The outcome of this case could reshape the landscape of Māori land rights and customary title claims in New Zealand, influencing how future claims are approached and recognized.

This groundbreaking decision resonates beyond the immediate context of the Waiōweka and Ōtara rivers, signaling a potential shift in how the legal system addresses the rights of Māori communities. As hapū across the country reflect on the implications of this ruling, many anticipate that it will inspire further claims and advocacy for recognition of their customary rights.