A landmark Supreme Court decision has placed tikanga Māori at the heart of the legal framework in clarifying how customary marine titles (CMTs) are assessed under the Takutai Moana (Marine and Coastal Area) Act 2011 (MACA).
It ruled that tikanga Māori must guide decisions and recognised that “exclusive use” didn’t mean physical possession but a tikanga-based connection and control.
The judgment also makes it harder to dismiss claims based on minor or short-term disruptions to that connection since 1840.
It represents a crucial precedent for iwi, hapū, and whānau seeking recognition of their ancestral rights in the foreshore and seabed, even against a backdrop of government uncertainty surrounding the act’s future.
The case arose from seven appeals, involving iwi and hapū such as Te Whakatōhea, whose rohe spans Ōpōtiki and its surrounding coastal areas.
At issue was the interpretation of section 58 of MACA, which sets the legal test for obtaining a CMT.
‘Holistic relationship with seascape’
Applicants must show they “hold” the area under tikanga, have “exclusively used and occupied” it, and maintained this use “from 1840 to the present day without substantial interruption.”
The Supreme Court’s ruling rejected a narrow interpretation of these criteria from the Court of Appeal, favouring a tikanga-informed and holistic approach.
“The customary interest cannot be just a collection of unconnected activities or uses. There must be an integrated or holistic relationship with the seascape,” the court said in a statement this afternoon.
Importantly, the judgment affirmed that tikanga Māori must guide assessments of mana whenua and mana moana.
It also recognised that the unique nature of the seascape means exclusivity cannot mirror the concept of physical possession used for land.
“The very nature of the seascape … suggests use and occupation cannot require physical exclusion of others but must instead reflect tikanga-driven control,” the court explained.
Legislative reform planned
In July, the government announced proposed changes to the Takutai Moana Act, which have since been the subject of an urgent Waitangi Tribunal inquiry.
The tribunal found the government had breached principles of active protection and good governance by failing to consult Māori and by dismissing official advice.
It described the changes as being driven by political expediency, calling them a reflection of “what the government of the day felt Māori were entitled to” rather than an affirmation of Māori rights under Te Tiriti o Waitangi.
Ngāti Wai iwi leader Aperahama Edwards told RNZ the tribunal’s findings mirrored long-standing Māori concerns.
“Our connection to the moana, seabed, takutai moana, is intrinsic to our identity. Ngāti Wai is absolutely committed to ensuring our mana tuku iho rights,” Edwards told RNZ.
He criticised the government’s efforts to curtail customary claims, describing them as a breach of Māori autonomy.
Reaffirms tikanga
For Te Whakatōhea and others, today’s ruling reaffirms their whakapapa and tikanga as enduring sources of mana and kaitiakitanga.
Yet, the decision also highlights tensions within MACA’s framework, which seeks to reconcile competing interests between Māori customary rights and public access.
As the government deliberates over potential reforms, Māori groups are left navigating a system described as both a pathway to justice and a barrier to it.
The Supreme Court’s judgment strengthens their claims and underscores the enduring significance of tikanga in asserting mana moana, even amid legislative uncertainty.
