| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA |
| SC 121/2023 SC 123/2023 SC 124/2023 SC 125/2023 SC 126/2023 SC 127/2023 SC 128/2023 SC 129/2023 [2024] NZSC 33 |
| BETWEEN | WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) |
| AND | TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA |
| AND | ATTORNEY-GENERAL |
Court: |
|
Counsel: | R J B Fowler KC and B M Cunningham for Whakatōhea Kotahitanga Waka (Edwards) |
Judgment: | 17 April 2024 |
JUDGMENT OF THE COURT
The applications for leave to appeal are granted (Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board [2023] NZCA 504) on the question of the correctness of the judgment of the Court of Appeal.
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REASONS
Leave to appeal has been granted in general terms. However, following release of this judgment there will be consultation with the parties with a view to refining the
issues on which the Court is particularly interested. It may be that the terms of leave will be amended after that consultation.
Solicitors:
Ngātahi Law, Auckland for Whakatōhea Kotahitanga Waka (Edwards)
Te Aro Law, Wellington for Te Ūpokorehe Treaty Claims Trust on behalf of Te Ūpokorehe Iwi
Whāia Legal, Wellington for Te Rūnanga o Ngāti Awa
Te Haa Legal, Ōtaki for Ngāti Muriwai Hapū and Kutarere Marae
Annette Sykes & Co, Rotorua for Te Kāhui Takutai Moana o Ngā Whānau me Ngā Hapū o Te Whakatōhea and Ngāti Ruatakenga
Te Tari Ture o te Karauna | Crown Law Office, Wellington for Attorney-General
Kāhui Legal, Wellington for Te Rūnanga o Te Whānau on behalf of Te Whānau-ā-Apanui
Chapman Tripp, Wellington for Seafood Industry Representatives
Cooney Lees Morgan, Tauranga for Crown Regional Holdings Ltd, Ōpōtiki District Council and Bay of Plenty Regional Council
Brookfields Lawyers, Auckland for Whakatāne District Council
- AGLC
- Whakat�hea Kotahitanga Waka (Edwards) v Te K�hui Takutai Moana O Ng� Wh�nau Me Ng� Hap� O Te Whakat�hea [2024] NZSC 33
- Case
- [2024] NZSC 33
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around the interpretation and application of the Treaty of Waitangi and associated legislation, particularly in the context of customary rights and interests in marine environments. The applicants argued for a broader recognition of their customary rights over the seabed and foreshore, challenging the existing legal framework that primarily favored the Crown and commercial entities. The respondents, including the Attorney-General and commercial interests, contended that the current legal regime was sufficient and any changes would require extensive legislative amendments.
The Court's judgment addressed the scope of customary rights under the Treaty of Waitangi and the application of the foreshore and seabed legislation. The Court examined the historical context and the principles of the Treaty, emphasizing the need for a balanced approach that respects both customary rights and the Crown's authority. Ultimately, the Court determined that the existing legal framework was not in conflict with the applicants' customary rights but required clearer articulation and recognition within the legislative context. The Court's decision focused on the need for ongoing dialogue and negotiation to achieve a practical and just resolution.
The Court granted leave to appeal, directing that further consultation with the parties would refine the issues for the appeal. This decision paves the way for a more detailed examination of the legal principles and their application in future proceedings, aiming to reconcile the rights and interests of all parties involved.
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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