Ng�i T�map�hia-A-Rangi Hap�

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2017-485-232 CIV-2017-485-259 CIV-2017-485-267 CIV-2017-485-224 CIV-2017-485-260 CIV-2017-485-221

Group M 1(a) [2023] NZHC 627

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

IN THE MATTER OF

an application for orders recognising Customary Marine Title and Protected Customary Rights

On the Papers

Appearances:

D Naden, M Sreen, S M Yogakumar and L Millington for Ngāi Tumāpuhia-a-Rangi Hapū (CIV-2017-485-232)

T Bennion for Ngāti Hinewaka (CIV-2017-485-259)
D Naden, M Yogakumar and M Sreen for Tukōkō and Ngāti Moe

(CIV-2017-485-267)

R Siliciano for Rangitāne Tū Mai Rā Trust (CIV-2017-485-224)
M Houra for Te Ātiawa ki Te Upoko o Te Ika a Maui Potiki Trust

(CIV-2017-485-260)

J P Ferguson for Trustees of Ngāti Kahungunu ki Wairarapa

Tāmaki-nui-a-Rua Settlement Trust (CIV-2017-485-221) Interested parties:

B Lyall for Ngāi Tumapuhia-A-Rangi Ki Motuwairaka Inc and Ngāi Tumapuhia-A-Rangi Ki Okautete Inc

B Scott for Seafood Industry Representatives G Melvin for Attorney-General

Judgment:

28 March 2023

JUDGMENT OF GWYN J

(Change of named applicant)

NGĀI TŪMAPŪHIA A RANGI HAPŪ [2023] NZHC 627 [28 March 2023]

Background

[1] On 17 February 2023 an Amended Originating Application on Notice for Recognition Orders pursuant to the Marine and Coastal Area (Takutai Moana) Act 2011 (the Act) (amended application) was filed on behalf of the Ngāi Tūmapūhia-A- Rangi hapū.

[2] The amended application raised two matters which were addressed by Churchman J in his judgment dated 10 March 2023.1 Justice Churchman was satisfied that the expanded description of protected customary rights over which recognition orders are sought, in the amended application, is not materially different from the description in the original application. He therefore allowed the amendment to the description of the protected customary rights orders sought.2

[3] The second part of the application related to the named applicant. Justice Churchman found that that aspect of the amended application failed to meet one of the stipulated statutory requirements for an application, under s 101(f) of the Act, in that the application did not name a “person” to be the holder of the order as the representative of the applicant group.3 The judgment went on to record that the application must be amended and resubmitted to name either a natural person or legal entity (whether incorporate or unincorporate) to be the holder of any order as the representative of the applicant group.4

Second amended originating application

[4] Counsel for Nga Uri O Ngai Tūmapūhia A Rangi hapū have now filed a second amended originating application, together with a memorandum of counsel, dated 21 March 2023.

1 Ngāi Tūmapūhia-A-Rangi Hapū [2023] NZHC 470.
2 At [21]-[22].
3 At [12].
4 At [13].

[5] In the second amended application the name of the applicant has changed from “Ngai Tūmapūhia-A-Rangi Māori Marae Committee Incorporated” to “Ngāi Tūmapūhia-A-Rangi Hapū Incorporated.”

[6] Counsel advise that the reason for the change is that the original applicant has changed its official society name to Ngāi Tūmapūhia-A-Rangi Hapū Incorporated.

[7] Ngāi Tūmapūhia a Rangi Hapū Incorporated is a legal entity. It is an incorporated society under the Incorporated Societies Act 2022 and is registered on the Incorporated Societies Register. Counsel have provided a copy of the Certificate of Incorporation.

[8] The second amended application also changes the representative from “Ryshell Griggs and Tūmapūhia-A-Rangi Māori Marae Committee Incorporated" to “Ngāi Tūmapūhia-a-rangi Hapū Incorporated”. It also changes the email and phone contact details for the applicant.

[9] I am satisfied that the second amended originating application addresses the deficiency in the amended application, as identified by Churchman J, and that there is no prejudice to any other party from those amendments, nor any objection from any other party.

[10]Accordingly, the application to amend the applicant is allowed.

Gwyn J

In the High Court of New Zealand, Wellington Registry, Ngāi Tūmapūhia-A-Rangi Hapū, an incorporated society, sought recognition orders for customary marine title and protected customary rights over a portion of the coastal area in accordance with the Marine and Coastal Area (Takutai Moana) Act 2011. The case arose from an amended originating application filed by the hapū, which was initially deemed insufficient by Justice Churchman due to the lack of a named applicant as a representative of the group. The hapū subsequently filed a second amended application, altering the name of the applicant from the Māori Marae Committee Incorporated to Ngāi Tūmapūhia-A-Rangi Hapū Incorporated, a legal entity registered under the Incorporated Societies Act 2012. The legal issues before the court were whether the second amended application rectified the deficiencies identified in the previous application and whether there was any prejudice or objection from other parties to these amendments.

Justice Gwyn considered whether the second amended application addressed the previous court's concerns and whether any other parties were prejudiced or objected to the changes. The court found that the second amended application appropriately resolved the issue of the named applicant, as the new applicant was a legal entity registered under the Incorporated Societies Act 2012. Moreover, the court determined that no other party was prejudiced or objected to the amendments. Therefore, the court granted the application to amend the applicant.

The court's reasoning focused on ensuring that the statutory requirements for the application were satisfied, particularly concerning the naming of a representative for the applicant group. By amending the applicant to an incorporated society, the hapū complied with the legislative mandate, and the court found no valid reason to deny the application. The court's decision allowed the hapū to proceed with their application for recognition of customary marine title and protected customary rights.

The court ordered that the amended application be accepted, and the named applicant be changed to Ngāi Tūmapūhia-A-Rangi Hapū Incorporated. This ruling permits the hapū to continue with their application for recognition of customary marine title and protected customary rights in accordance with the Marine and Coastal Area (Takutai Moana) Act 2011.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the Marine and Coastal Area (Takutai Moana) Act 2011
IN THE MATTER OF	an application for orders recognising Customary Marine Title and Protected Customary Rights