Re Ngāti Pāhauwera - [2021] NZHC 3599

Date of Judgment

22 December 2021

Media release

Decision

Re Ngāti Pāhauwera (PDF 1.8 MB)

Summary

Successful application for orders under the Marine and Coastal Area (Takutai Moana) Act in Hawke's Bay. Customary marine title over he takutai moana was awarded to four applicants: Ngāti Pāhauwera, the Maungaharuru-Tangitū Trust, Ngāi Tahu ō Mōhaka-Waikare, and Ngāti Pārau. The title was awarded jointly in some areas, and exclusively in others. Three of these applicants were also awarded protected customary rights. The Court clarified a number of novel legal and tikanga issues under the Act, including the scope of wāhi ltapu conditions in customary marine title, when customary marine title is extinguished in river mouths within the takutai moana and issues of extinguishment. Exact boundaries of the customary marine titles to be determined at Stage 2 hearing in May 2022.