Re Taueki (Ngāti Tamarangi) & Ors - [2025] NZHC 2554

Applications for protected customary rights (PCRs) under the Marine and Coastal Area (Takutai Moana) Act 2011 in the takutai moana within the area from the northern bank of the Rangitīkei River to Whareroa, including Kapiti Island and its islets. This was the second of two judgments in relation to the hearing area, the first of which dealt with applications for customary marine title (CMT). The applicant groups seeking PCRs were Ngāti Raukawa, Te Ātiawa, Muaūpoko, Mr Tima on behalf of Te Whānau Tima and Te Mateawa, Ngāti Apa, and David Morgan Whānau.  

Held: The evidence supported the award of PCRs for four applicants in relation to various activities in particular areas of the takutai moana. The final determination of these orders will be subject to a detailed mapping and checking process to identify the specific locations to which the activities relate, and to confirm that they are within the takutai moana. Draft conditions for the final PCR orders are to be developed in consultation with the relevant local authorities.   

For Ngāti Raukawa, PCRs were recognised in relation to: whitebaiting; planting and gathering pīngao; planting and cultivating harakeke; collecting hāngī stones; collecting driftwood; collecting rongoā materials and carrying out wai ora activities; and using, managing, preserving and developing tauranga waka. 

For Te Ātiawa, PCRs were recognised in relation to: planting and cultivating harakeke; gathering kōhatu; collecting driftwood; whitebaiting; and utilising, managing and preserving tauranga waka. 

For Mr Tima, PCRs were recognised in relation to: planting grasses; gathering firewood; gathering stones and shells; and whitebaiting. 

For Muaūpoko, PCRs were recognised in relation to: whitebaiting; planting and collecting pīngao; using tauranga waka; customary navigation; collecting pumice; collecting sand, gravel and washed-up coal; collecting driftwood; collecting kōhatu and detritus, excluding materials relating to wildlife; collecting clay/earth pigments; and collecting kōhatu, onewa and pakohe stones.