Re Te Rūnanga a Rangitāne o Wairau Trust [2023] NZHC 2654

Re Te Rūnanga a Rangitāne o Wairau Trust [2023] NZHC 2654 [22 September 2023]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECIV-2017-485-251[2023] NZHC 2654IN THE MATTER of an application for recognition ordersunder the Marine and Coastal Area(Takutai Moana) Act 2011BY Te Rūnanga a Rangitāne o Wairau TrustHearing: On the papersCounsel M J RadichJudgment: 22 September 2023JUDGMENT OF CHURCHMAN J[1] In my minute of 26 May 2023,1 I directed that the amended application forCustomary Marine Title (CMT) and Protected Customary Rights (PCR) be filed by30 June 2023. On 30 June 2023, counsel accordingly filed an amended applicationwith an accompanying affidavit and memorandum explaining the differences betweenthe original application and the amended application.[2] The amended application was deficient in several respects, however. Theapplicant has subsequently filed a revised amended application and accompanyingmemorandum, dated 14 September 2023.[3] In its revised amended application, the seaward limit of the area claimed wasinitially described as "On the seaward side by the outer limits of the territorial sea".1 Minute of Churchman J Re an application by Te Rūnanga a Rangitāne o Wairau TrustCIV-2017-485-251, 26 May 2023.However, Te Moana-o-Raukawa/Cook Strait is considered to form part of the internalwaters of New Zealand. Therefore, the boundary as shown in the map from waypointsC to H is within the territorial sea limit. The line shown on the attached map appearedto follow the line dividing the regional councils' territories, but this was not narratedfully in the amended application, as is required.[4] The amended application has now been revised to remedy these defects. Theamended application now refers to its seaward boundaries, both in respect of its CMTapplication area and its PCR application area, by express reference to the MarlboroughDistrict Council's regional boundaries. The boundaries match the outer limit of theterritorial sea where applicable and the regional boundaries where the territorial sealimit does not apply, namely across Te Moana-o-Raukawa/Cook Strait.[5] The amended application has attached maps of the CMT and PCR applicationareas. Those maps provide a schedule of coordinates, with degrees recorded to threedecimal places and the originating coordinate system the degrees are derived from. Iam satisfied the appended maps accordingly comply with the practice note issued bythe Chief High Court Judge on 23 March 2022.[6] I have compared the application areas as between the original application filedin 2017 and the amended application. The CMT and PCR application areas have notbeen increased. They have only been more explicitly defined. Being only a refinementof the application areas over which CMT and PCR are claimed, the amendment fitswithin the category of amended applications that will be allowed as set out in theNgati Pāhauwera (strike-out application) decision.2[7] The activities listed in the amended application in respect of which PCRs aresought are slightly more detailed than those listed in the original application.However, I am satisfied that these simply provide greater clarity as to the activitiesover which the applicant group seeks recognition. They follow generally thoseactivities listed in the original application. The nature of the claim has not changedand I am satisfied the activities listed do not constitute a fresh cause of action.2 Re Ngāti Pāhauwera Development Trust (strike-out application) [2020] NZHC 1139 at [62].[8] To the extent the amended application is late, pursuant to my directions on26 May 2023, counsel has explained the reason for the delay, namely liaising with itsmapping expert and making further amendments to the description of the applicationareas accordingly, in line with matters raised with counsel. In the circumstances I amsatisfied it is appropriate to allow the amended application to be filed out of time.[9] Leave to file the amended application is allowed.Churchman JSolicitors:Radich Law, Blenheim for Applicant