The Government ignored advice from its own officials not to overturn recent decisions in the High Court where customary marine title has been awarded to M\u0101ori.<\/p>\n
The Marine and Coastal Area (MACA) (Takutai Moana) Amendment Bill, currently before the House, is set to introduce a tougher legal test, a right that allows M\u0101ori to stop certain activities that require a resource consent. <\/p>\n
The new test will apply retrospectively, back to July 2024. <\/p>\n
Treaty Negotiations Minister Paul Goldsmith was told by officials from the Office of Treaty Settlements and Takutai Moana that seven court cases would likely need to be re-heard under the law change, overturning rights across 280km of coastline after “years of effort” and “expense” from claimants.<\/p>\n
The advice given was that by doing so it could cost millions and affect decisions over 200kms of coastline.\u00a0 (Source: 1News)<\/p>\n
Goldsmith said: \u201cIt\u2019s not a desirable situation, obviously we thought long and hard about this, it\u2019s very unusual for the government to overturn court decisions in this way, but we think it\u2019s significant and necessary.\u201d<\/p>\n
Ng\u0101puhi hap\u016b Ng\u0101ti T\u016b has been part of customary title hearings for Whang\u0101rei Harbour and are among those that could be forced back to court after weeks of hearings last year.<\/p>\n
Spokesperson Maia Honetana said the bill goes against \u201cthe whole judicial process\u201d.<\/p>\n
\u201cTo me it feels like mocking the judicial system, you know, having no respect for it and just feeling that anytime they can just overwrite it when it suits them.\u201d<\/p>\n
The hap\u016b spent two years gathering information, said Honetana. She said the process takes its toll, describing it as being \u201cexhaustive\u201d and \u201cfull-on\u201d.<\/p>\n
\u201cThere’s a personal cost to it. It’s definitely taken a toll on my family and time spent with my own wh\u0101nau. Coming out the other end is pretty rough.\u201d<\/p>\n
Coastal iwi Ng\u0101tiwai is in the same position, and last week, leader Aperahama Edwards witnessed the second reading of the bill. During the debate he interrupted proceedings and was removed from Parliament’s gallery.<\/p>\n
‘Horrific’ process<\/p>\n
He said they were \u201cbeyond saddened\u201d and \u201coutraged\u201d at the idea of revisiting the \u201chorrific\u201d process. <\/p>\n
\u201cWe’ve been through the Waitangi Tribunal, a kaupapa inquiry, the High Court, we’ve advanced MACA claims in our tribal territory \u2013 not by our own desire to, but because we had to. Some of our elders who participated in those hearing spaces have had since passed away, and to hear\u2026 that the amendments being proposed will be enacted in retrospect \u2013 all of that work for nothing.\u201d<\/p>\n
The Bill introduces a new tougher test for recognition of customary rights that groups would need to meet. <\/p>\n