Re Ngāi Tūmapūhia-a-Rangi Hapū Inc - [2024] NZHC 309
Date of Judgment
26 February 2024
Decision
Re Ngāi Tūmapūhia-a-Rangi Hapū Inc (PDF 3.1 MB)
Summary
Applications under the Marine and Coastal Area (Takutai Moana) Act 2011 for customary marine title (CMT) and for protected customary rights (PCRs) in relation to the South Wairarapa coast, from Tūrakirae to the southern bank of the Whareama River. Applicants reached an agreement which acknowledged their shared whakapapa and interlinked historical and current customary interests in the application area and sought CMTs on a shared exclusivity basis.
Held, statutory tests for CMTs satisfied (applying Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board [2023] NZCA 504). CMTs granted on a joint basis as between hapū in each of four coastal rohe in the application area.
Held, PCRs granted in respect of a number of customary activities, including gathering of stones and driftwood and harvesting of harakeke. PCR granted to several applicants for the general right of kaitiakitanga over the application area for the purposes of conservation measures and practices.
Held, statutory tests for CMTs satisfied (applying Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board [2023] NZCA 504). CMTs granted on a joint basis as between hapū in each of four coastal rohe in the application area.
Held, PCRs granted in respect of a number of customary activities, including gathering of stones and driftwood and harvesting of harakeke. PCR granted to several applicants for the general right of kaitiakitanga over the application area for the purposes of conservation measures and practices.