Taueki (Ngāti Tamarangi) - [2025] NZHC 2554

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 2554

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

IN THE MATTER OF

of applications for orders recognising Customary Marine Title and Protected Customary Rights

BY

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

Continued…

Hearing:
13 May 2024 – 27 June 2024

29 October 2024 – 8 November 2024
Final submissions: 7 February 2025

Appearances:

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 Tonga

B 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:

4 September 2025

JUDGMENT OF GRICE J

(Applications for protected customary rights)

RE TAUEKI (NGĀTI TAMARANGI) & ORS [2025] NZHC 2554 [4 September 2025]

Appearances C Shenton (self-represented) for Te Rūnanga o Ngā Wairiki Ngāti Apa
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 Trust
E 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 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

Introduction [1]
Background [8]

Legal framework [13]

Tikanga [37]

Approach to the present applications for PCRs

Submissions of the Attorney-General [55]
Submissions…

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 2554
Decision Date: 4 September 2025

CaseChat Overview and Summary

In the High Court of New Zealand, Grice J delivered a judgment on applications for protected customary rights (PCRs) under the Marine and Coastal Area (Takutai Moana) Act 2011. The hearing area ran from the northern bank of the Rangitīkei River to Whareroa, covering Kapiti Island and its islets. The applicants for PCRs included Ngāti Raukawa ki te Tonga, Te Ātiawa, Muaūpoko, Te Whānau Tima (Seymour), Ngāti Apa, and David Morgan Whānau. The court considered the legal framework for PCRs, emphasizing that they recognize customary activities exercised since 1840, in accordance with tikanga, and not extinguished by law. The court also addressed the tikanga aspects, noting the importance of ancestral connections and the continuous exercise of rights. The court examined each applicant's claims, granting PCRs for activities such as whitebaiting, planting and cultivating specific plant species, collecting driftwood, and using tauranga waka, subject to further mapping and checking processes. The court declined PCRs for activities excluded by law, such as commercial fishing and the collection of certain marine mammals. The final orders for PCRs were subject to the applicants providing more specific details about the locations and activities, ensuring they fell within the takutai moana and adhered to the requirements of the Act.

Orders