Post by Kiwi Frontline on Oct 20, 2023 4:13:15 GMT 12
MORE WORK NEEDED TO PIN DOWN MARINE TITLE
Hapū and iwi in the eastern Bay of Plenty will be heading back to court to clarify where they hold customary marine title.
The Court of Appeal has heard the first substantive appeal under the Marine and Coastal Area (Takutai Moana) Act 2011, covering the area from Maraetōtara west of Ōhiwa Harbour, to Te Rangi in the east past Torere.
The court says the report the high court judge relied on did not have sufficient facts about exclusive use and occupation to establish customary marine title, so parts of the application must be reheard.
However, the decision granting shared customary marine title at Ohiwa Harbour to Te Kāhui, Te Ūpokorehe and Ngāti Awa can stand.
In line with an earlier decision regarding the Waikato River, the court also overturned a finding that customary marine title can not be held over the beds of navigable rivers.....
waateanews.com/2023/10/19/more-work-needed-to-pin-down-marine-title/
Hapū and iwi in the eastern Bay of Plenty will be heading back to court to clarify where they hold customary marine title.
The Court of Appeal has heard the first substantive appeal under the Marine and Coastal Area (Takutai Moana) Act 2011, covering the area from Maraetōtara west of Ōhiwa Harbour, to Te Rangi in the east past Torere.
The court says the report the high court judge relied on did not have sufficient facts about exclusive use and occupation to establish customary marine title, so parts of the application must be reheard.
However, the decision granting shared customary marine title at Ohiwa Harbour to Te Kāhui, Te Ūpokorehe and Ngāti Awa can stand.
In line with an earlier decision regarding the Waikato River, the court also overturned a finding that customary marine title can not be held over the beds of navigable rivers.....
waateanews.com/2023/10/19/more-work-needed-to-pin-down-marine-title/