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Ngāti Raukawa opposes the Crown's Proposed Changes to Marine and Coastal Area (Takutai Moana) Act 2011

Ngāti Raukawa opposes the Crown's Proposed Changes to Marine and Coastal Area (Takutai Moana) Act 2011

 

Back in June 2025, Ngāti Raukawa ki te Tonga (Ngāti Raukawa) celebrated a landmark achievement — recognition by the High Court that we meet the legal test for Customary Marine Title (CMT) in our coastline from the Rangitīkei River south to Kukutauaki. Now, the government is threatening to undo that hard-won decision and strip away the rights we have already proven in court.

Earlier this month the Crown announced its intention to progress changes to the Marine and Coastal Area (Takutai Moana) Act 2011 (MACA Act) through the MACA Amendment Bill (the Bill). The Bill proposes to change the legal test for CMT, as interpreted by the Supreme Court in Re Edwards, and replace it with a more restrictive standard. This will make it harder for iwi, hapū and whānau to have their customary rights in the takutai moana recognised.

Ngāti Raukawa will be disproportionately affected if the Bill is passed. On 9 June 2025, the High Court found that Ngāti Raukawa met the current legal test for CMT over our full application area. The Crown now proposes to change the legal test, overturn that decision, and force us back into a rehearing under a stricter test - a burden not imposed on earlier successful applicants elsewhere in Aotearoa.

We believe this is unfair, unjust, and in breach of Te Tiriti o Waitangi and fundamental constitutional principles. The retrospective nature of the Bill strips away rights we have already proven in court, undermines years of dedicated preparation, and erodes the integrity of the legal process.

Ngāti Raukawa entered the MACA process in good faith to give legal expression to our kaitiakitanga responsibilities over the takutai moana. Since 2017, our whānau, hapū and iwi have committed significant resources, time, and knowledge to this kaupapa. The Bill threatens to entirely undo this work and put us back at square one.

Ngāti Raukawa remain committed to protecting our takutai moana. We call on the Crown to abandon the Bill and uphold the integrity of both the legal system and Te Tiriti o Waitangi. We have sought an urgent hui with Ministers to discuss this matter.

Nā mātou ngā kaitiaki o Raukawa ki te Tonga Trust.

 
 

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