Re Tipene [2017] NZHC 2990

Re Tipene [2017] NZHC 2990

The Court held that the holders of the customary marine title order may be the Supervisors of Tamaitemioka and Pohowaitai as appointed under the Tītī (Muttonbird) Islands Regulations 1978 from time to time: the Act permits a holder to be more than one person or entity, the Regulations provide an established appointment and supervisory process consistent with tikanga, the Court retains power under s111 to vary or cancel the order if circumstances require, and adequate contact details must be provided for registration.

Citation
[2017] NZHC 2990
Parties
Applicant (on Behalf of Rakiura Māori With Customary Interests in Pohowaitai and Tamaitemioka): Denis Wiremu Tipene; Respondent (crown Submissions Opposing Aspects of Proposed Holder): The Attorney-General; Interested Party/supporting Submitter (supports Supervisors as Holders): Te Rūnanga / Rakiura Tītī Committee
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 December 2017
Procedural Posture
Application Under the Marine and Coastal Area (takutai Moana) Act 2011 for Recognition of Customary Marine Title / Post Judgment Determination of Who Is to Be the Holder of the Customary Marine Title Order Prior to Sealing
Outcome
Order to be sealed specifying the Supervisors of Tamaitemioka and Pohowaitai as the holders of the customary marine title order as appointed under the Tītī (Muttonbird) Islands Regulations 1978 from time to time; Rakiura Tītī Committee contact details to be entered on the register; customary marine title area map to...
Legal Topics
Customary Marine Title, Holder of Recognition Order, Appointment by Regulation, Variation and Cancellation of Orders, Marine and Coastal Area Register
Māori Customary Law Property Law Administrative Law Statutory Interpretation Regulatory Law Customary Marine Title Holder of Recognition Order Appointment by Regulation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Denis Wiremu Tipene

Applicant (on Behalf of Rakiura Māori With Customary Interests in Pohowaitai and Tamaitemioka)

The Attorney-General

Respondent (crown Submissions Opposing Aspects of Proposed Holder)

Te Rūnanga / Rakiura Tītī Committee

Interested Party/supporting Submitter (supports Supervisors as Holders)

Procedural Posture

Application Under the Marine and Coastal Area (takutai Moana) Act 2011 for Recognition of Customary Marine Title / Post Judgment Determination of Who Is to Be the Holder of the Customary Marine Title Order Prior to Sealing

Legal Issues

  1. 1 Whether the holder of a customary marine title order must be a particular named person or legal entity
  2. 2 Whether an office-holder (Supervisors appointed under regulations) can be specified as holder from time to time
  3. 3 Whether the holder must be a single person

Ratio Decidendi

The Court held that the holders of the customary marine title order may be the Supervisors of Tamaitemioka and Pohowaitai as appointed under the Tītī (Muttonbird) Islands Regulations 1978 from time to time: the Act permits a holder to be more than one person or entity, the Regulations provide an established appointment and supervisory process consistent with tikanga, the Court retains power under s111 to vary or cancel the order if circumstances require, and adequate contact details must be provided for registration.

Court Disposition

Order to be sealed specifying the Supervisors of Tamaitemioka and Pohowaitai as the holders of the customary marine title order as appointed under the Tītī (Muttonbird) Islands Regulations 1978 from time to time; Rakiura Tītī Committee contact details to be entered on the register; customary marine title area map to...

Orders

  • The holder of the customary marine title order is the Supervisors of Tamaitemioka and Pohowaitai as appointed under the Tītī (Muttonbird) Islands Regulations 1978 from time to time.
  • Contact details for the holder to be entered as: RAKIURA TĪTĪ (Beneficial Islands) COMMITTEE C/- 150 Lorn Street Invercargill 9810 Email: rakiuratitikomiti@hotmail.com.