Customary marine titles for iwi groups
The High Court has granted customary marine titles (CMT) and protected customary rights (PCR) to several iwi and hapū groups for waters around the Wairarapa coast.
The groups applying for rights included: Nga Uri O Ngāi Tūmapūhia ā Rangi Hapū; Ngāi Tūkoko and Ngāti Moe; Ngāti Hinewaka; Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua; Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua; and Te Ātiawa.
Haami Te Whaiti of Ngāti Hinewaka said various interested parties would be looking at the High Court decision and considering whether to lodge appeals.
“I’m really pleased that we ended up with the titles that we asked for. These are the much-awaited Takutai Moana titles and I think it’s great that we had an agreement within this part of Wairarapa,” he said.
“It’s customary title to the foreshore and seabed and for some of us it goes out for 3km and for some it goes out 10km.
“We’ve still got issues around wāhi tapu to deal with, so it’s not finished yet.”
The claim encompassed four coastal rohe around the south eastern coast of the North Island, some of which were overlapping.
The geographical area for this claim starts in the south at Tūrakirae Head and moves east and north up the Wairarapa Coast to the southern bank of the Whareama River.
It extends from the line of mean high-water springs, out to the territorial sea limit.
The Marine and Coastal Area (Takutai Moana) Act 2011 recognised customary interests of Māori in the common marine and coastal area.
The Act created three new types of legal interest which could be granted to iwi, hapū or whānau groups.
Firstly, a right to participate in conservation processes; secondly, a customary marine title; and thirdly, a protected customary right.
PCRs were granted for customary activities such as gathering stones and driftwood and harvesting of harakeke. They were also granted to several applicants for the general right of kaitiakitanga over the application area for the purposes of conservation measures and practices.
The Customary Marine Titles granted by the High Court included several different orders including jointly held CMTs with multiple groups and an exclusive CMT for Ngāi Tūmapūhia on the east coast.
Robin Potangaroa of Ngāti Kahungunu ki Wairarapa said the decision was “as good as you could possibly hope for” but he recognised it could be appealed. “I think some of the claimants will be pretty happy, but it may have been a torrid time for some.”
Other groups involved in the hearings included fishing industry representatives, territorial authorities, the Greater Wellington Regional Council and the Attorney-General. A Stage 2 hearing would be held to finalise the terms of the recognition orders.