Re Reeder & Ors (Ngā Pōtiki Stage 1 – Te Tāhuna o Rangataua) [2021] NZHC 2726

Re Reeder & Ors (Ngā Pōtiki Stage 1 – Te Tāhuna o Rangataua) [2021] NZHC 2726

The Court held the Rangataua Working Party applicants (Ngā Pōtiki ā Tamapāhore, Ngāi Tukairangi, Ngāti Tapū, Ngāti Hē, Ngāti Pūkenga) satisfied s58 MACA: they hold Te Tāhuna o Rangataua in accordance with tikanga and have exclusively used and occupied the area (or received customary transfer) from 1840 to present without substantial interruption; the Tauranga Foreshore Vesting and Endowment Act 1915 did not clearly and plainly extinguish customary rights in the foreshore and, in any event, the Foreshore Revesting Act 1991 revested interests in the Crown; Ngāti Ruahine and Ngāi Te Ahi failed to prove requisite tikanga-based holding and occupation so their CMT claims were dismissed (Ngāi Te...

Citation
[2021] NZHC 2726
Parties
Applicant (on Behalf of Ngā Pōtiki): Colin Francis Reeder and Ngā Pōtiki ā Tamapāhore Trust; Applicant (on Behalf of Ngāti Pūkenga): Te Tāwharau o Ngāti Pūkenga; Applicant (on Behalf of Ngāti Hē): Ngāti Hē Hapū Trust (Mita Michael Ririnui); Applicant (on Behalf of Ngāi Tukairangi and Ngāti Tapū): Ngāi Te Rangi Settlement Trust (Charlie Tawhiao and others); Applicant (on Behalf of Ngāi Te Ahi and Ngāti Ruahine): Ngā Hapū o Ngāti Ranginui Settlement Trust; Respondent (crown): Attorney-General; Interested Party (local Authority): Tauranga City Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 October 2021
Procedural Posture
Application for Customary Marine Title Under the Marine and Coastal Area (takutai Moana) Act 2011 / Stage 1 Hearing (te Tāhuna O Rangataua) — Judgment Delivered 12 October 2021
Outcome
Application granted in part. Customary marine title recognised in favour of the Rangataua Working Party applicants (Ngā Pōtiki ā Tamapāhore, Ngāi Tukairangi, Ngāti Tapū, Ngāti Hē, Ngāti Pūkenga) as a single joint CMT; applications on behalf of Ngāti Ruahine and Ngāi Te Ahi dismissed (Ngāi Te Ahi may apply for PCR...
Legal Topics
Customary Marine Title (cmt), Protected Customary Rights (pcr), Extinguishment and Revesting, Tikanga and Mana Moana, Wāhi Tapu and Statutory Protections
Māori Customary Law Marine and Coastal Area Law Property Law Public Law Treaty of Waitangi Law Customary Marine Title (cmt) Protected Customary Rights (pcr) Extinguishment and Revesting +2 more

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Parties

Colin Francis Reeder and Ngā Pōtiki ā Tamapāhore Trust

Applicant (on Behalf of Ngā Pōtiki)

Te Tāwharau o Ngāti Pūkenga

Applicant (on Behalf of Ngāti Pūkenga)

Ngāti Hē Hapū Trust (Mita Michael Ririnui)

Applicant (on Behalf of Ngāti Hē)

Ngāi Te Rangi Settlement Trust (Charlie Tawhiao and others)

Applicant (on Behalf of Ngāi Tukairangi and Ngāti Tapū)

Ngā Hapū o Ngāti Ranginui Settlement Trust

Applicant (on Behalf of Ngāi Te Ahi and Ngāti Ruahine)

Attorney-General

Respondent (crown)

Tauranga City Council

Interested Party (local Authority)

Procedural Posture

Application for Customary Marine Title Under the Marine and Coastal Area (takutai Moana) Act 2011 / Stage 1 Hearing (te Tāhuna O Rangataua) — Judgment Delivered 12 October 2021

Legal Issues

  1. 1 Whether applicant groups hold the specified area in accordance with tikanga (s58(1)(a) MACA)
  2. 2 Whether applicant groups have exclusively used and occupied the area from 1840 to present without substantial interruption (s58(1)(b)(i)) or received it by customary transfer after 1840 (s58(1)(b)(ii))
  3. 3 Whether historic legislation (Tauranga Foreshore Vesting and Endowment Act 1915) extinguished customary rights to the foreshore

Ratio Decidendi

The Court held the Rangataua Working Party applicants (Ngā Pōtiki ā Tamapāhore, Ngāi Tukairangi, Ngāti Tapū, Ngāti Hē, Ngāti Pūkenga) satisfied s58 MACA: they hold Te Tāhuna o Rangataua in accordance with tikanga and have exclusively used and occupied the area (or received customary transfer) from 1840 to present without substantial interruption; the Tauranga Foreshore Vesting and Endowment Act 1915 did not clearly and plainly extinguish customary rights in the foreshore and, in any event, the Foreshore Revesting Act 1991 revested interests in the Crown; Ngāti Ruahine and Ngāi Te Ahi failed to prove requisite tikanga-based holding and occupation so their CMT claims were dismissed (Ngāi Te...

Court Disposition

Application granted in part. Customary marine title recognised in favour of the Rangataua Working Party applicants (Ngā Pōtiki ā Tamapāhore, Ngāi Tukairangi, Ngāti Tapū, Ngāti Hē, Ngāti Pūkenga) as a single joint CMT; applications on behalf of Ngāti Ruahine and Ngāi Te Ahi dismissed (Ngāi Te Ahi may apply for PCR...

Orders

  • Customary marine title to be issued in favour of Ngā Pōtiki ā Tamapāhore, Ngāi Tukairangi, Ngāti Tapū, Ngāti Hē and Ngāti Pūkenga as a single joint CMT over the extended Stage 1 application area (Te Tāhuna o Rangataua), subject to survey (MACA s109)
  • Applicants to submit draft order and survey plan for Registrar approval pursuant to MACA s109(1)-(4)