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-2017-485-214 CIV-2017-485-229; CIV-2017-485-273 CIV-2017-485-511; CIV-2017-485-261
CIV-2017-485-248
Group N, STAGE 1(a) [2025] NZHC 1488
UNDER the Marine and Coastal Area (Takukai Moana Act) 2011 IN THE MATTER
of applications for orders recognising Customary Marine Title and Protected Customary Rights
BY
Continued…
Hearing: 13 May 2024 – 27 June 2024
29 October 2024 – 8 November 2024
Final submissions: 7 February 2025Appearances:
A K Irwin and O T H Neas for Ngāti Tamarangi hapū of Muaūpoko iwi
No appearance for Margaret Morgan-Allen for David Morgan Whānau
N R Coates, P Walker and T I M Hautapu for Ngāti Raukawa ki te TongaB R Lyall, M R G van Alphen Fyfe and H L B Swedlund for Patrick Seymour on behalf of Te Whānau Tima (Seymour) and Ngā Ahi Kā o Te Hapū o Te Mateawa
Continued….
Judgment:
Reissued:
13 June 20259 June 2025
JUDGMENT OF GRICE J
(Applications for Customary Marine Title)
RE TAUEKI (NGĀTI TAMARANGI) & ORS [2025] NZHC 1488 [9 June 2025]
Appearances: C Shenton (self-represented) for Te Rūnanga o Ngā Wairiki Ngāti Ap
T H Bennion, E A Whiley and Kudrat for Muaūpoko Tribal Authority Incorporated
A M Cameron, T N Ahu and A J Samuels for Te Āti Awa ki Whakarongotai Charitable TrustE K Rongo and Z JMPNR Tait for Te Rūnanga o Toa Rangatira Incorporated
D A Ward, D O Kleinsman and A H Ou for Attorney General
F R Wedde and C E Bulow for Manawatū-Whanganui Regional Council, Wellington Regional Council and Kāpiti Coast District Council
L L Black for Te Patutokotoko
C F Finlayson KC and D E Parfitt for Rangitāne o Manawatū Settlement Trust
B A Scott, T D Smith and R J J Wales for Seafood Industry Representatives
C M Hockly for Horowhenua 11 (Part) Reservation Trust
BY William James Taueki on behalf of Ngāti Tamarangi hapū of Muaūpoko iwi (CIV- 2017-485-160) BY Margaret Morgan-Allen for David Morgan Whānau (CIV-2017-485-214) BY Rachael Ann Selby on behalf of Ngāti Raukawa ki te Tonga
(CIV-2017-485-229)BY Patrick Seymour on behalf of Te Whānau Tima (Seymour) and Ngā Ahi Kā o Te Hapū o Te Mateawa (CIV-2017-485-273) BY Chris Shenton on behalf of Te Rūnanga o Ngā Wairiki Ngāti Apa
(CIV-2017-485-511)
BY Muaūpoko represented by Muaūpoko Tribal Authority Incorporated
(CIV-2017-485-261)
BY Trustees of Te Ātiawa ki Whakarongotai Charitable Trust on behalf of Te Āti Awa ki Whakarongotai (CIV-2017-485-248)
INTERESTED
PARTIES
Te Rūnanga o Toa Rangatira Incorporated
on behalf of the iwi of Ngāti Toa Rangatira (Crown engagement) MAC-01-12-021
Attorney-General Manawatū-Whanganui Regional Council, Wellington Regional Council and Kāpiti Coast District Council Te Patutokotoko represented by Christopher Henare Tahana, Edward (Fred) Clark, Hayden Tūroa, and Novena McGuckin (CIV-2017-485-254)
(Intervener)
Rangitāne o Manawatū Settlement Trust (applied) Seafood Industry Representatives Horowhenua 11 (Part) Reservation Trust
Table of Contents
WHAKATAKINGA | INTRODUCTION [1]
The applicants and interested parties [6]
The application area — features of the Kapiti Coast…
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- Case
- [2025] NZHC 1488
- Decision Date
CaseChat Overview and Summary
The legal issues addressed in the judgment included the interpretation of the statutory test for CMT, the burden of proof on the applicants, the significance of third-party use and occupation of the takutai moana, and the relevance of historical events and relationships between the iwi and the takutai moana. The Court considered extensive evidence from witnesses, including tikanga experts, and the reports of two pūkenga appointed to assist the Court.
The Court's reasoning focused on whether each applicant group held the specified area in accordance with tikanga, had exclusively used and occupied it from 1840 to the present day without substantial interruption, and whether the CMT had been extinguished. The judgment recognised that tikanga Māori principles, such as whakapapa, mana, tapu, and kaitiakitanga, were central to the consideration of the claims. The Court also considered the impact of third-party use and occupation, the significance of historical events, and the relevance of the Treaty of Waitangi/te Tiriti o Waitangi.
The outcome of the judgment was that five applicant groups were granted recognition of CMT in specific areas of the takutai moana. The final orders recognised the CMT of Ngāti Raukawa ki te Tonga, Te Ātiawa ki Whakarongotai, Muaūpoko, Te Whānau Tima (Seymour), and Ngāti Tamarangi hapū of Muaūpoko iwi. The judgment also addressed issues of shared exclusivity and overlapping claims, providing a detailed analysis of the relationships between the iwi and the takutai moana.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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