Muaūpoko Tribal Authority - [2025] NZHC 2232

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2017-485-160; CIV-2017-485-229 CIV-2017-485-248; CIV-2017-485-261 CIV-2017-485-273; CIV-2017-485-511

Group N, STAGE 1(a) [2025] NZHC 2232

UNDER the Marine and Coastal Area (Takutai Moana) Act 2011

IN THE MATTER OF

of applications for a stay of judgment for orders recognising Customary Marine Title

BY

Muaūpoko represented by Muaūpoko Tribal Authority Incorporated (CIV-2017-485-261) and Rangitāne o Manawatū Settlement Trust

Applicants

Hearing: 28 July 2025

Appearances:

T H Bennion and Kudrat for Muaūpoko Tribal Authority Incorporated for Applicant

C F Finlayson KC for Rangitāne o Manawatū Settlement Trust for Applicant

N R Coates for Ngāti Raukawa ki te Tonga for Respondent B R Lyall for Patrick Seymour on behalf of Te Whānau Tima (Seymour) and Te Ahikā o te Hapū Mateawa for Respondent A M Cameron for trustees of Te Ātiawa ki Whakarongotai Charitable Trust for Respondent

Judgment:

8 August 2025

REASONS JUDGMENT OF GRICE J

(Applications for Stay of judgment pending appeal)

Appearances: C M Hockly for Horowhenua 11 (Part) Reservation Trust (appearance excused) for Interested Party
L I S Tothill and T P Talamaivao for Te Rūnanga o Ngā Wairiki Ngāti Apa (C Shenton) for Interested Party

Re Muaūpoko Tribal Authority & Ors (stay reasons) [2025] NZHC 2232 [8 August 2025]

O T H Neas for Ngāti Tamarangi hapū of Muaūpoko iwi for Interested Party
E K Rongo for Te Rūnanga o Toa Rangatira Incorporated for Interested party
D O Kleinsman for Attorney-General for Interested Party

AND

Rachael Ann Selby on behalf of Ngāti

Raukawa ki te Tonga

(CIV-2017-485-229)

Respondent

AND
Patrick Seymour on behalf of Te Whānau Tima (Seymour) and Te Ahikā o te Hapū Mateawa (CIV-2017-485-273)

Respondent

AND
Trustees of Te Ātiawa ki Whakarongotai Charitable Trust on behalf of Te Āti Awa ki Whakarongotai (CIV-2017-485-248)

Respondent

INTERESTED PARTIES Horowhenua 11 (Part) Reservation Trust (Supports the application for Stay)

Chris Shenton on behalf of Te Rūnanga o Ngā Wairiki Ngāti Apa

(CIV-2017-485-511)

(Supports the application for Stay)

William James Taueki on behalf of behalf of Ngāti Tamarangi hapū of Muaūpoko iwi (CIV-2017-485-160)

(Will abide the Court’s decision)

Te Rūnanga o Toa Rangatira Incorporated on behalf of the iwi of Ngāti Toa Rangatira (Crown engagement)

MAC-01-12-021

(Opposes the Stay application)

Attorney-General

Introduction

[1] In a judgment dated 9 June 2025, this Court found that various applicant groups had met the test for customary marine title (CMT) under the Marine and Coastal Area (Takutai Moana) Act 2011 (Takutai Moana Act), as follows:1

[1171] …

(a)

Exclusive CMT for Te Ātiawa over the takutai moana from Whareroa to Kukutauaki, subject to shared exclusive CMT:

(i) with Ngāti Toa at the Whareroa boundary (if they are granted CMT for that area through the Crown negotiation pathway); and

(ii)     with Ngāti Raukawa at the Kukutauaki boundary.

(b)

Exclusive CMT for Ngāti Raukawa over the takutai moana from Kukutauaki to the Rangitīkei River, subject to shared exclusive CMT:

(i)     with Te Ātiawa at the Kukutauaki boundary;

(ii)     with Mr Tima…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NZHC 2232
Decision Date: 8 August 2025

CaseChat Overview and Summary

The applicants, Muaūpoko Tribal Authority, Ngāti Apa, and Rangitāne o Manawatū Settlement Trust, sought a stay of proceedings pending an appeal against the Court's decision recognising customary marine title (CMT) over certain coastal areas. The applicants argued that a stay was necessary to preserve their interests in the event of a successful appeal. The respondents, including Te Ātiawa, Ngāti Raukawa, and Mr Tima, opposed the stay application. They contended that a stay would cause undue delay and prejudice to the proceedings, which had already taken eight years to reach the current stage.

The court considered the legal principles applicable to stay applications, including the factors set out in the Whakatōhea Kotahitanga Waka v Te Kāhui Takutai Moana o Ngā Whānui me Ngāti Hapū (Re Edwards) proceedings. The court found that the appeals would not be rendered nugatory without a stay, as the Takutai Moana Act prevents the sealing of CMT orders until appeal rights have been exhausted. The court also concluded that the injurious effect on the respondents of a stay outweighed the potential prejudice to the applicants. The court noted that the applicants could still participate in the wāhi tapu hearing and that any mapping done would not be wasted if the appeals were successful. The court further found that the appeals involved important questions of fact and law, but that the Court of Appeal could still deal with those issues if a stay were not granted. Overall, the balance of convenience favoured declining the stay application.

Accordingly, the court declined the application for a stay of proceedings. The hearing for the determination of wāhi tapu sites and the finalisation of CMT orders is due to commence on 29 September 2025, as scheduled.

Orders