Re Clarkson - [2021] NZHC 1968

Date of Judgment

30 July 2021

Decision

Re Clarkson (PDF 1.5 MB)

Summary

This was the third application under the Marine and Coastal Area (Takutai Moana) Act 2011 for customary marine title over an area of the takutai moana.  It related to an area on the east coast of the North Island. Held: The Court declined to grant customary marine title on the basis that the applicant group lacked the appropriate mandate and that if any group did hold the area in accordance with tikanga and has exclusively used it without substantial interruption since 1840, the Court was not satisfied that the applicant group reflected or represented that group. The applicant group were permitted to amend their application and make submissions on whether they should be granted a protected customary rights order and the scope of it instead, which they had previously sought.