Taua-Gordon - Te Kawerau ā Maki
[2025] NZHC 1418
•30 May 2025
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2017-404-537 CIV-2017-404-574 CIV-2017-404-580 CIV-2017-404-581
Continued on Schedule [2025] NZHC 1418
UNDER The Marine and Coastal Area (Takutai Moana) Act 2011 IN THE MATTER OF
An application for Customary Marine Title and Protected Customary Rights by ROBIN TAUA-GORDON on behalf of TE
KAWERAU Ā MAKI
Hearing: On the Papers Counsel:
M Chen and C Saunders for Te Kawerau ā Maki R M A Jones for Ngāti Whātua Ōrākei Trust
Judgment:
30 May 2025
JUDGMENT OF CHURCHMAN J
Background
[1] Te Kawerau ā Maki (the applicant) has applied for recognition orders under the Marine and Coastal Area (Takutai Moana) Act 2011 (the Act) by way of direct Crown engagement.
[2] They have belatedly applied to appear as an interested party to the 25 applications listed in the schedule to this decision.
TAUA-GORDON on behalf of TE KAWERAU Ā MAKI [2025] NZHC 1418 [30 May 2025]
[3] The applicant acknowledges that it is well out of time for filing an application for interested party status. However, it says that, in the same circumstances, other applicants in a similar position to itself with a direct Crown engagement application which overlaps with applications that are before the Court, the Court has granted interested party status notwithstanding the lapse of time.
[4] An affidavit of Edward Colin Ashby has been filed in support of the application. He deposes that the direct engagement application (MAC 01-02-007) was filed on 3 April 2017. He also notes that the application was for the area of the applicant’s Coastal Statutory Acknowledgement Area as set out in the Te Kawerau ā Maki deed of settlement with the Crown dated 22 February 2014 and that the area overlaps with each of the High Court applications referred to in the schedule to this decision.
[5] The affidavit explains the reasons for delay and contends that, as no hearings have been scheduled for those applicants set out in the schedule to this decision, no other party is prejudiced.
[6] The application was served on the applicants whose claims are proceeding by way of litigation. Only one response was received. That was from Ngāti Whātua Ōrāki Trust. It abided the Court’s decision.
Analysis
[7] There have been several cases where the Court’s have granted applicants who have proceeded solely by way of direct Crown engagement, leave to appear as an interested party in overlapping applications.1
[8] I accept that the applicant may be adversely impacted if it is not permitted to participate and appear as an interested party in any hearings in the High Court of overlapping applications. I also accept that there is no prejudice to any of the parties
1 See Rongomaiwahine Iwi v Attorney-General [2015] 2 NZLR 66 at [11]; Re an application by Honetana [2023] NZHC 745 at [12] and Re an application by interested party (Rangitāne O Manawatu settlement trust) to appear and be heard [6 March 2024] at [9].
whose overlapping applications the applicant wishes to appear as an interested party in.
[9] I adopt the reasoning of this Court in Rongomaiwahine Iwi v Attorney-General2 and Re an application by Honetana3 and, for the same reasons as in those cases, I grant the application for leave to appear in the cases set out in the schedule to this decision.
Churchman J
Solicitors:
Lane Neave, Christchurch for Applicant
Chapman Tripp, Auckland for Ngāti Whātua Ōrākei Trust
2 Rongomaiwahine Iwi v Attorney-General above n 1 at [11].
3 Re an application by Honetana above n 1 at [12].
SCHEDULE
CIV-2017-404-537 Ngā Puhi nui tonu, Ngāti Rāhiri, Ngāti Awa, Ngāi Tāhuhu and Ngāitawake CIV-2017-404-574 Ngāti Rehua and Ngātiwai ki Aotea CIV-2017-404-580 Ngāti Rehua Ngāti Wai ki Aotea (amalgamated with CIV-2017-404-546 Ngāti Rehua) CIV-2017-404-581 Otakanini Tōpu Māori CIV-2017-404-558 Ngāitawake CIV-2017-404-570 Te Hikutu Hapū CIV-2017-404-520 Ngāti Whātua Ōrākei Trust CIV-2017-485-283 Ngātiwai CIV-2017-485-378 Ngāti Maraeariki and Ngāti Rongo and Hapū CIV-2017-404-528 Te Kupenga o Ngāti Hako CIV-2017-404-545 Ngāti Manuhiri CIV-2017-404-564 Ngāi Tai ki Tāmaki CIV-2017-404-567 Te Taou (Waitematā) CIV-2017-485-187 Taumata B Block whānau owners CIV-2017-485-276 Ngāti Rongo o Mahurangi CIV-2017-485-398 Ngāti Kawau and Te Waiariki Kororā CIV-2017-485-515 Whangaruru, Whāngarei and Whangaroa CIV-2017-404-524 Mahurangi, Ngāti Awa, Ngāpuhi CIV-2017-404-542 Te Taou (Kaipara Harbour) CIV-2017-404-555 Te Whānau o Hōne Pipita Rāua ko Rewa Ataria Pāma CIV-2017-404-563 Te Rūnanga o Ngāti Whātua CIV-2017-404-569 Ngāti Te Ata CIV-2017-419-084 Te Whakakitenga o Waikato Inc CIV-2017-404-518 Ngāti Taimanawaiti (Ngāti Tai) CIV-2017-485-188 Pākiri G-Block 308, Omaha 1 & 2, Hauturu, Mahuki Island, Motairehe 2B1 & 4B1, Motutaiko Island
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