Supreme Court’s MACA ruling clarifies rights to rivers, reefs
From rivers to islands and reefs, the Supreme Court’s final Takutai Moana ruling settles key disputes, clarifies Māori customary rights, and casts doubt over the Government’s push for law changes.
The judgment makes important findings on navigable rivers, overlapping rights, and culturally significant offshore sites.
What’s at stake? Recognition of Māori customary marine title and protected rights under the Marine and Coastal Area (Takutai Moana) Act 2011.
Background: The Whakatōhea Kotahitanga Waka (Edwards) case is the first contested MACA claim to reach the Supreme Court, testing how the law applies to complex overlapping claims and culturally significant places in the Eastern Bay of Plenty.
Main players: Whakatōhea iwi and hapū claimants, Treaty Negotiations Minister Paul Goldsmith, former Attorney-General Chris Finlayson KC (architect of MACA), and the Supreme Court.
The Supreme Court has delivered its second and final judgment in the long-running Whakatōhea Kotahitanga Waka (Edwards) case, resolving outstanding appeals over customary marine rights to parts of the Eastern Bay of Plenty coastline, harbours, river mouths, and offshore islands.
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Key points
What’s at stake? Recognition of Māori customary marine title and protected rights under the Marine and Coastal Area (Takutai Moana) Act 2011.
Background: The Whakatōhea Kotahitanga Waka (Edwards) case is the first contested MACA claim to reach the Supreme Court, testing how the law applies to complex overlapping claims and culturally significant places in the Eastern Bay of Plenty.
Main players: Whakatōhea iwi and hapū claimants, Treaty Negotiations Minister Paul Goldsmith, former Attorney-General Chris Finlayson KC (architect of MACA), and the Supreme Court.