Post by Kiwi Frontline on Oct 20, 2021 2:23:53 GMT 12
TAURANGA IWI’S BIG FORESHORE AND SEABED WIN
A High Court decision granting customary title to part of Tauranga Harbour is the latest in a series of cases giving legal backing to tikanga Māori. Ben Leonard reports.
After years of legal battles, their people have finally been granted customary title to the marine and coastal area of Tauranga Harbour’s eastern-most arm.
Under the Act, customary marine title gives mana whenua legal rights over areas of the foreshore and seabed below mean high water springs (the highest point washed by the tide).
This includes having a say over activities that need resource consent, like the building of new wharves. It does not, however, restrict public access or recreation.
For a court to grant customary marine title, a group must be able to show two things.
First, that they have held the area in accordance with tikanga, and second that their use has been exclusive, ongoing, and without substantial interruption since 1840.
It’s a high bar that has drawn criticism from some legal experts and launched an ongoing Waitangi Tribunal inquiry.
According to former Treaty Negotiations Minister Chris Finlayson, only about 4 percent of iwi would have their rights recognised using the Act’s two-part test.
In practice, however, judges have proven willing to depart from western property law and decide cases based on the unique tikanga of each rohe as presented to them by pūkenga and other experts......
www.newsroom.co.nz/pro/tauranga-iwis-big-foreshore-and-seabed-win
A High Court decision granting customary title to part of Tauranga Harbour is the latest in a series of cases giving legal backing to tikanga Māori. Ben Leonard reports.
After years of legal battles, their people have finally been granted customary title to the marine and coastal area of Tauranga Harbour’s eastern-most arm.
Under the Act, customary marine title gives mana whenua legal rights over areas of the foreshore and seabed below mean high water springs (the highest point washed by the tide).
This includes having a say over activities that need resource consent, like the building of new wharves. It does not, however, restrict public access or recreation.
For a court to grant customary marine title, a group must be able to show two things.
First, that they have held the area in accordance with tikanga, and second that their use has been exclusive, ongoing, and without substantial interruption since 1840.
It’s a high bar that has drawn criticism from some legal experts and launched an ongoing Waitangi Tribunal inquiry.
According to former Treaty Negotiations Minister Chris Finlayson, only about 4 percent of iwi would have their rights recognised using the Act’s two-part test.
In practice, however, judges have proven willing to depart from western property law and decide cases based on the unique tikanga of each rohe as presented to them by pūkenga and other experts......
www.newsroom.co.nz/pro/tauranga-iwis-big-foreshore-and-seabed-win