Re Tipene

The case of Re Tipene concerned an application by Denis Wiremu Tipene on behalf of the Rakiura Māori with customary interests in the islands of Pohowaitai and Tamaitemioka for an order recognising customary marine title over a specified marine and coastal area. The applicant group sought for the customary marine title order to be held by the supervisors of the two islands appointed under the Tītī (Muttonbird) Islands Regulations 1978. The court had to decide who should hold the customary marine title order, considering the arguments presented by Mr Tipene, Te Rūnanga, and the Attorney-General. The court concluded that the Supervisors of the islands, appointed under the Regulations, were the appropriate holders of the customary marine title order, given their existing responsibilities, the process for their appointment, and the need for accurate contact details for the Marine and Coastal Area Register.

The court rejected the Attorney-General's submissions that the Supervisors could not hold the order because they might change over time, and that the holder must be a single person or an unincorporated legal entity. The court found that the Act permits the holder of a customary marine title order to be more than one person, reflecting the tikanga of the area, and that the existing appointment process under the Regulations ensures suitable and willing Supervisors. The Rakiura Tītī Committee agreed that the Supervisors should hold the order, and the court saw no need for it to be regularly involved in supervising the order when an appropriate process was already in place. The court ordered that the holder of the customary marine title order would be the Supervisors of Tamaitemioka and Pohowaitai, appointed under the Regulations, with the contact details for the Rakiura Tītī Committee to be entered in the Marine and Coastal Area Register. The court also noted that the particular area of the common marine and coastal area to which the order applies would be specified in the order for sealing, with any difficulties to be resolved within two weeks.