Reminder to have your say on the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill…

The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill is currently at the Select Committee stage in Parliament.

This bill proposes to amend the Marine and Coastal Area (Takutai Moana) Act 2011.

The Marine and Coastal Area (Takutai Moana) Act was introduced in 2011 to replace the Foreshore and Seabed Act 2004.

Under the Takutai Moana Act, Māori 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.

The purpose of the amendments are to define the applicable requirements for recognition of customary marine title, namely requirements for, and proof of, exclusive use and occupation of a specified area, and to overturn certain court judgments which are specified in the bill.

The altered aspects of the law include:

• Define an applicant group’s exclusive use and occupation of a specified area of the common marine and coastal area;
• Require that use and occupation of an area to be exclusive and that no substantial interruption has occurred to the group’s exclusive use;
• Clarify how substantial interruption to the group’s exclusive use and occupation of that area can be caused, and when it has not occurred;
• Clarify when customary marine title is extinguished; and
• Clarify what the group must prove in an application for the recognition of customary marine title.

The Select Committee stage is an opportunity for people to submit their own thoughts and recommendations about the bill. The closing date for submissions is 11.59pm 15 October 2024.

For more information on the Select Committee process, click here.

At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.