The Waitangi Tribunal has released the Takutai Moana Act 2011 Urgent Inquiry Stage 1 Report.

This report addresses claims concerning the coalition Government’s proposed amendments to the Marine and Coastal Area (Takutai Moana) Act 2011.

The Takutai Moana Act was introduced in 2011 to replace the Foreshore and Seabed Act 2004.

Under the Takutai Moana Act, Maori can obtain recognition of their customary interests in the marine and coastal area by applying to the High Court for a recognition order or engaging directly with the Crown. Any applications for recognition of customary rights had to be filed by 3 April 2017.

Section 58 of the Takutai Moana Act sets out the statutory test an applicant must meet for recognition of their customary interests in the marine and coastal area. In November 2023, the New Zealand National Party and the New Zealand First Party signed a coalition agreement which included proposed amendments to section 58.

An application for an urgent inquiry was subsequently filed in the Waitangi Tribunal.

This report considers whether the policy development process and the proposed amendments are compliant with the Treaty.

The Tribunal found clear breaches of the Treaty, including:

  • The Crown failed to consult with Maori during the development of the proposed amendments, in breach of the principle of partnership.
  • The Crown dismissed official advice, and departed from the usual policymaking process, in breach of the principle of good government.
  • The Crown exercised kawanatanga over Maori rights and interests in te takutai moana, in breach of the principle of tino rangatiratanga.
  • The amendments would apply retrospectively, which would mean applicants seeking customary marine title would have to have their cases reheard. This breached the principles of active protection and good government.

Overall, the Tribunal found that Maori will or are likely to suffer significant prejudice as a result of the Treaty breaches.

The Tribunal therefore made recommendations that the Crown stop its efforts to amend the Takutai Moana Act and make a genuine effort to meaningfully engage with Maori.

The Tribunal noted that the Crown’s actions are such a gross breach of the Treaty that the proposed amendments would be an illegitimate exercise of kawanatanga.

You can read more about the report here