TAKUTAI MOANA
What’s on
Takutai Moana
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Ngāti Toa Rangatira have filed their evidence in the High Court on February 13th, 2024. The evidence filed relates to Ngāti Toa Rangatira for orders recognising customary marine title and protected customary rights. The evidence is for hearing stage 1(a) which concerns the coastline from Rangitīkei River in the north, and Whareroa in the south.
The coastline from Whareroa south to Turakirae and Te Tau Ihu are at different phases but work continues for these coastlines. The Project Team are scheduled to discuss these coastlines with the Crown and other parties in the coming months.
The focus of the Project Team now shifts to preparing for the High Court hearing which is set down for May 2024. The Project Team are preparing the strongest possible case to ensure that the traditional interest of Ngāti Toa Rangatira are maintained. Further information about the hearing dates in May 2024 will be provided in a later panui.
Whiti Te Ra
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If you would like to contact us please email us on takutai@ngatitoa.iwi.nz
Diagram of the Marine and costal area subject to the Takutai Moana Act 2011
What is Takutai Moana?
Te Takutai Moana Act was passed in 2011. It is a Crown mechanism for recognising customary interests in the Common Marine and Coastal Area (CMCA) while providing for the right of all New Zealanders to access and use the CMCA. It replaces the Foreshore and Seabed Act 2004.
The CMCA is from mean high water springs (the high tide mark) out to 12 nautical miles including offshore islands.
Te Rūnanga o Toa Rangatira is currently engaged in the process outlined in the Act.
Ngāti Toa Application
In 2017, Te Rūnanga o Toa Rangatira lodged its application with the Crown. Our application aligns with the traditional rohe of Ngāti Toa as recognised by the Crown. Ngāti Toa has always recognised the interests of our allied iwi across our rohe and it is our view that our tikanga, intertribal relationships and the nuances of our shared interests should be respected and reflected in the process.
The intention of Te Rūnanga o Toa Rangatira is to work with all iwi across our rohe to reach agreement which ensures that the mana of all parties involved is maintained and satisfies all those involved in both law and tikanga.
Te Rūnanga o Toa Rangatira’s application is for Crown Engagement. We are also an interested party in the High Court Pathway. Te Rūnanga o Toa Rangatira also manages the Hongoeka application filed by Tiratu Williams.
The Court Case
Ngati Toa has been a leader in the Takutai moana and foreshore and seabed movement. We were at the vanguard alongside the other iwi of Te Tau Ihu in pursuing our claims to the marine and foreshore area through the Māori Land Court. These claims led to the decision in the Marlborough Sounds case where the Court of Appeal confirmed the jurisdiction of the Māori Land Court to determine claims by Māori for customary ownership of areas of the foreshore and seabed. This prompted the Crown to develop the Foreshore and Seabed Bill.
The Hīkoi
In response to the Foreshore and Seabed Bill, Māoridom mobilised across the motu and marched on to Parliament in protest. The 2004 Hikoi was one of the largest seen in Aotearoa. The final night of the hikoi was hosted by Ngāti Toa at Takapuwahia Marae where people were able to rest in preparation for the last leg of the journey. On the 5th May 2004 Māoridom marched onto Parliament protesting the largest removal of Māori Customary Land in recent history. Unfortunately, in November the Crown passed the Foreshore and Seabed Act 2004 and with it, Māori rights to the foreshore and seabed were extinguished.
Advocacy
Ngāti Toa were also involved in various government processes following the passing of the Foreshore and Seabed Act. This included Tā Matiu Rei’s involvement in leading Te Ope Mana a Tai, a pan-iwi group which challenged and responded to the Governments Takutai Maona policy. Ngāti Toa also hosted consultation hui for the Te Takutai Moana Act 2011, which replaces the 2004 Foreshore and Seabed Act. Mahi has continued across Te Ao Māori in response to seeking protection for Māori customary interests. Most recently, in October 2023, the Waitangi Tribunal found that the Takutai Moana Act 2011 breaches the principles of the Treaty of Waitangi.