Te Hika o Pāpāuma Mandated Iwi Authority (Wāhi tapu - Results only)
[2025] NZHC 2682
•15 September 2025
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2017-404-481 CIV-2017-485-193 CIV-2017-485-220 CIV-2017-485-221 CIV-2017-485-224 CIV-2017-485-226 CIV-2017-485-232
Group M, Stage 1(b) [2025] NZHC 2682
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
Continued
Hearing: 21-23 July; 1 August, 11-12 August and 14 August 2025 Appearances:
C B Hirschfeld for Te Hika o Pāpāuma Mandated Iwi Authority L Watson for Ngāti Kere hapū
S Northey and T Hautapu for Trustees of Pāpāuma Marae H Ammunson for Ngāti Kahungunu ki Wairarapa Tāmaki
nui-a-Rua
C Mataira for Rangitāne o Wairarapa and Rangitāne Tāmaki nui-ā-Rua
H Fletcher for the Pirere whānau and for Ngā Uri o Ngāi Tūmapūhia-ā-Rangi hapū
B Lyall and H Swedlund for Ngāi Tūmapūhia-ā-Rangi ki Mōtūwairaka Inc
and Ngāi Tūmapūhia-ā-Rangi ki Ōkautete Inc B Scott for the Seafood Industry Representatives
J M Prebble and D O Kleinsman for the Attorney-General
Judgment:
15 September 2025
JUDGMENT OF GWYN J
[Wāhi tapu – Results only]
RE TE HIKA O PĀPĀUMA MANDATED IWI AUTHORITY [WĀHI TAPU – RESULTS ONLY] [2025] NZHC 2682 [15 September 2025]
BY George Ngatiamu Matthews, on behalf of Te Hika o Pāpāuma Mandated Iwi Authority (CIV-2017-404-481)
Ngāti Kere MACA Working Party, on behalf of Ngāti Kere Hapū (CIV-2017-485-193)
Trustees of Pāpāuma Marae (CIV-2017-485- 220)
Trustees of Ngāti Kahungunu Ki Wairarapa Tamaki-Nui-A-Rua Settlement Trust, on behalf of Ngāti Kahungunu ki Wairarapa Tamaki-nui-a-Rua (CIV-2017-485-221)
Trustees of Rangitāne Tū Mai Rā Trust, on behalf of Rangitāne o Wairarapa and Rangitāne Tamaki nui-ā-Rua (CIV-2017-485- 224)
Rebecca Harper, on behalf of Pirere whānau (CIV-2017-485-226)
Ngāi Tūmapūhia-a-Rangi hapū Incorporated on behalf of Ngā Uri o Ngāi Tūmapūhia-ā- Rangi hapū (CIV-2017-485-232)
.
INTERESTED PARTIES Sue Taylor, on behalf of Ngāi Tūmapūhia-ā- Rangi ki Mōtūwairaka Incorporated
Sam Morris, on behalf of Ngāi Tūmapūhia-ā- Rangi ki Ōkautete Incorporated
Seafood Industry Representatives Attorney-General
Central Hawkes’ Bay District Council Manawatū-Whanganui District Council Greater Wellington Regional Council
Hawkes’ Bay Regional Council
.
Introduction
[1] The applicants in this case have been granted customary marine title (CMT) under s 98 of the Marine and Coastal Area (Takutai Moana) Act 2011 (Takutai Moana Act) along the Wairarapa coastline from the southern bank of the Whareama River to Ouepoto.1
[2] One of the rights conferred on CMT groups is a right to protect wāhi tapu and wāhi tapu areas.2 Pursuant to s 78, a CMT group3 may seek to include recognition of, and conditions to protect, a wāhi tapu or wāhi tapu area in a CMT order.
[3] In July 2025, I heard submissions from the CMT groups on their applications for recognition of wāhi tapu.
[4] A further hearing is scheduled for 20–22 October 2025. At that hearing, the final terms of the CMT orders, including any wāhi tapu protections, will be determined.
[5] In order to allow sufficient time for the applicants to prepare for the final orders hearing, I provide the outcome of the wāhi tapu applications now, with reasons to follow.
The wāhi tapu sites
[6] Protection rights will be granted under s 78 of the Takutai Moana Act in respect of 23 wāhi tapu or wāhi tapu areas.
[7] The wāhi tapu sites are set out below, from north to south, noting in each case the location of the site and the applicant or applicants to whom the rights are granted. The location and boundaries of the wāhi tapu sites are based on exhibit 5, which was
1 Re Te Hika o Pāpāuma Mandated Iwi Authority [2024] NZHC 3745; and Re Te Hika o Pāpāuma Mandated Iwi Authority [2025] NZHC 1523.
2 Marine and Coastal Area (Takutai Moana) Act 2011, s 62(1)(c).
3 Under s 9 of the Act, “customary marine title group” means “an applicant group to which a customary marine title order applies or with which an agreement is made and brought into effect; and includes a delegate or transferee of the group if the delegation or transfer is made in accordance with tikanga” (formatting omitted).
produced during the course of the hearing by Daryl Sykes, the witness for the interested party, Seafood Industry Representatives. Exhibit 5 is annexed to this judgment. In respect of some sites, the applicants have committed to filing further detail of the proposed boundaries of the sites, prior to the final orders hearing.
Parimahu (Ngāti Kere)
[8] Parimahu is depicted at p 1 of exhibit 5. It is part of an 800-metre reef system and is what is called a “rock awash”. The restrictions imposed are on the gathering of kaimoana on the south side of the reef (the side facing the bay where waka landed) and, as for all the seven further Ngāti Kere wāhi tapu sites listed below, a prohibition on any form of development or activity which might harm the site.
Taikura (Ngāti Kere; Rangitāne)
[9] This site is depicted at p 1 of exhibit 5. It is also a “rock awash”. The restrictions are on all access to the rock and taking kaimoana off or within 30 metres of the rocks, and on any form of development or activity which would harm the site or cause it to be dislodged or damaged.
Ōhinemuhu (Ngāti Kere)
[10] This toois a “rock awash”. It is depicted at p 1 of exhibit 5. The restrictions are on taking kaimoana from or within 30 metres of the rocks and a restriction on all vehicular access and access by horse, and a prohibition on any form of development or activity which would harm the site or cause it to be dislodged or damaged.
Takapau (Ngāti Kere)
[11] This site is depicted at pp 1 and 2 of exhibit 5 and is also a “rock awash”. All access to the rock is prohibited, as is the gathering of kaimoana, including karengo, on or within 30 metres of the rocks. There is a prohibition on any form of development or activity which would harm the site or cause it to be dislodged or damaged.
Ōmaruraho (Ngāti Kere)
[12] This site is depicted at p 2 of exhibit 5. The restrictions imposed are on gathering kaimoana from off the rocks and a prohibition on any form of development or activity which would harm the site or cause it to be dislodged or damaged.
Ngā Māhunga (Ngāti Kere)
[13] This wāhi tapu is depicted at p 2 of exhibit 5. There will be a prohibition on any form of development or activity which might harm the rock or cause it to be dislodged or damaged.
Kahutara (Ngāti Kere)
[14] This wāhi tapu is depicted at p 2 of exhibit 5. There is to be a prohibition on any form of development or activity which might harm the rock or cause it to be dislodged or damaged.
Waipapa (Ngāti Kere)
[15] This wāhi tapu is depicted at p 3 of exhibit 5. There is to be a restriction on the gathering of kaimoana and a prohibition on any form of development or activity that might harm the rock or cause it to be dislodged or damaged.
Pākuku (Rangitāne; Te Hika o Pāpāuma)
[16] This site is depicted at p 3 of exhibit 5. Te Hika o Pāpāuma seeks protection for the urupā. Rangitāne seeks protection for a rock at the northern area. There will be a prohibition on interference with kōiwi and taonga tūturu.
Takamaitu Pā / Takamaitua Urupā and Mutumanu Pā (Rangitāne; Te Hika o Pāpāuma)
[17] This site is depicted at p 4 of exhibit 5. Protections granted are a prohibition on interference with kōiwi and taonga tūturu, and full enforcement of rāhui during discovery of kōiwi.
Ākitio Urupā (Te Hika o Pāpāuma)
[18] This site is depicted at p 4 of exhibit 5. Protections granted are a prohibition on interference with kōiwi and taonga tūturu and full enforcement of rāhui during discovery of kōiwi.
Mataikona Urupā (Te Hika o Pāpāpuma; Pāpāuma Maree Trustees)
[19]This wāhi tapu is depicted at p 6 of exhibit 5.
[20] Protections granted are a prohibition on interference with kōiwi and taonga tūturu and full enforcement of rāhui during discovery of kōiwi.
Pāmāramarama/Ōtautū (Rangitāne)
[21]This wāhi tapu is depicted at p 6 of exhibit 5.
[22] The protections/restrictions granted are the ability to impose rāhui during triggering events, a ban on defacing, damaging, modifying, removing or destroying physical features, and a ban on the erection of structures or infrastructure. In addition, there is provision to appoint kaitiaki to manage the wāhi tapu and for the provision of narratives about wāhi tapu through the means of signage and links to further kōrero tuku iho.
Te Ikapuru (Pāpāuma Marae Trustees)
[23]This wāhi tapu overlaps with Pāmāramarama/Ōtautū.
[24]The same restrictions and prohibitions are to apply.
Te Rerenga o Te Aohuruhuru (Suicide Rock) and Waiwhero (Rangitane; Te Hika o Pāpāuma)
[25] The site of this wāhi tapu is shown a p 7 of exhibit 5. Rangitāne and Te Hika o Pāpāuma are agreed that the Waiwhero wāhi tapu sought by Te Hika o Pāpāuma is incorporated into Te Rerenga O Te Aohuruhuru. The protections and restrictions granted in respect of this wāhi tapu area are the imposition of rāhui during triggering
events and a ban on defacing, damaging, modifying, removing, or destroying the physical features of the area. In addition, the appointment of kaitiaki to manage the wāhi tapu is provided for and also the provision of narratives, through the use of signage and links to further kōrero tuku iho.
Ōkau Bay (Rangitāne)
[26]This wāhi tapu is depicted at p 7 of exhibit 5.
[27] The protections/restrictions imposed are the ability to impose rāhui during triggering events, a ban on defacing, damaging, modifying, removing or destroying any physical features and a ban on the erection of structures or infrastructure. In addition, the appointment of kaitiaki to manage the wāhi tapu is provided for and also the provision of narratives, through the use of signage and links to further kōrero tuku iho.
Whakataki River Mouth (Pirere whānau)
[28]This wāhi tapu is depicted at p 8 of exhibit 5.
[29] The protections and restrictions granted are a ban on access to the Whakataki River Mouth by any people or vehicles and the erection of signage warning people not to enter the area and explaining why.
Te Ana o Te Wheke (Rangitāne; Te Hika o Pāpāuma)
[30]This wāhi tapu is depicted at p 9 of exhibit 5.
[31] The restrictions and prohibitions granted are the ability to impose rāhui during triggering events, a ban on defacing, damaging, modifying, removing or destroying physical features and a ban on the erection of structures or infrastructure. In addition, the appointment of kaitiaki to manage the wāhi tapu is provided for and also the provision of narratives, through the use of signage and links to further kōrero tuku iho.
Taurepi (Rangitāne)
[32] The wāhi tapu is located at the Castlepoint Lagoon and is depicted at p 9 of exhibit 5.
[33] The protections grated in respect of this wāhi tapu are the appointment of a kaitiaki to manage tikanga aspects of the wāhi tapu and the provision of narratives about the wāhi tapu. In addition, the appointment of kaitiaki to manage the wāhi tapu is provided for and also the provision of narratives, through the use of signage and links to further kōrero tuku iho.
Mātira Pā (Rangitāne)
[34]This wāhi tapu is depicted at p 9 of exhibit 5.
[35] The protections granted are the ability to impose rāhui during triggering events, a ban on defacing, damaging, modifying, removing or destroying physical features and a ban on the erection of structures or infrastructure. In addition, the appointment of kaitiaki to manage the wāhi tapu is provided for and also the provision of narratives, through the use of signage and links to further kōrero tuku iho.
Ōtūhaumi (Rangitāne)
[36] This wāhi tapu is at the mouth of the Otahome (sic) stream; it is depicted at p 10 of exhibit 5.
[37] The protections/restrictions granted are the ability to impose rāhui upon any triggering event, a prohibition on defacing, damaging, modifying or destroying physical features of the site and a prohibition on the erection of structures or infrastructure within the site. In addition, the appointment of kaitiaki to manage the wāhi tapu is provided for and also the provision of narratives, through the use of signage and links to further kōrero tuku iho.
Waimimihā (Rangitāne; Te Hika o Pāpāuma)
[38] This site is centred at the mouth of the Waimimihā Stream and extends north and south along the coastline and eastwards out to sea. It is depicted at p 11 of exhibit 5.
[39] The restrictions granted in respect of Rangitāne are the ability to impose a rāhui in the event of a triggering event, a prohibition on defacing, damaging, modifying, removing or destroying physical features of the site and a prohibition on the erection of new structures or infrastructure on or directly in the vicinity. In addition, the appointment of kaitiaki to manage the wāhi tapu is provided for and also the provision of narratives, through the use of signage and links to further kōrero tuku iho.
[40] The restrictions granted in respect of Te Hika o Pāpāuma are a prohibition on interference with kōiwi and taonga tūturu and the ability to impose rāhui when kōiwi are discovered.
Whareama River Mouth (Ngāi Tūmāpuhia)
[41] This site is depicted at p 11 of exhibit 5. The protections/restrictions granted are the ability to impose a rāhui upon any triggering event, a prohibition on new structures or infrastructure being erected within the boundaries of the wāhi tapu, a prohibition on removal from the wāhi tapu of any material quantities of natural materials and/or any taonga (such as historic artifacts or kōiwi), and a prohibition on defacing or materially altering the natural physical features of the wāhi tapu area.
Conclusion
[42] As discussed at the substantive wāhi tapu hearing, any further evidence in relation to the boundaries of each site and, where appropriate, agreed conditions (including agreed protocols), is to be provided to the Court before wāhi tapu protection rights in respect of these sites can be finally granted.
Gwyn J
Wāhi Tapu Sites
The Longest Place Name in The World
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