The Government ignored advice from its own officials not to overturn recent decisions in the High Court where customary marine title has been awarded to Māori.
The Marine and Coastal Area (MACA) (Takutai Moana) Amendment Bill, currently before the House, is set to introduce a tougher legal test, a right that allows Māori to stop certain activities that require a resource consent.
The new test will apply retrospectively, back to July 2024.
Treaty Negotiations Minister Paul Goldsmith was told by officials from the Office of Treaty Settlements and Takutai Moana that seven court cases would likely need to be re-heard under the law change, overturning rights across 280km of coastline after "years of effort" and "expense" from claimants.
The advice given was that by doing so it could cost millions and affect decisions over 200kms of coastline. (Source: 1News)
Goldsmith said: “It’s not a desirable situation, obviously we thought long and hard about this, it’s very unusual for the government to overturn court decisions in this way, but we think it’s significant and necessary.”
Ngāpuhi hapū Ngāti Tū has been part of customary title hearings for Whangārei Harbour and are among those that could be forced back to court after weeks of hearings last year.
Spokesperson Maia Honetana said the bill goes against “the whole judicial process”.
“To me it feels like mocking the judicial system, you know, having no respect for it and just feeling that anytime they can just overwrite it when it suits them.”
The hapū spent two years gathering information, said Honetana. She said the process takes its toll, describing it as being “exhaustive” and “full-on”.
“There's a personal cost to it. It's definitely taken a toll on my family and time spent with my own whānau. Coming out the other end is pretty rough.”
Coastal iwi Ngātiwai is in the same position, and last week, leader Aperahama Edwards witnessed the second reading of the bill. During the debate he interrupted proceedings and was removed from Parliament's gallery.
'Horrific' process
He said they were “beyond saddened” and “outraged” at the idea of revisiting the “horrific” process.
“We've been through the Waitangi Tribunal, a kaupapa inquiry, the High Court, we've advanced MACA claims in our tribal territory – not by our own desire to, but because we had to. Some of our elders who participated in those hearing spaces have had since passed away, and to hear… that the amendments being proposed will be enacted in retrospect – all of that work for nothing.”
The Bill introduces a new tougher test for recognition of customary rights that groups would need to meet.
Govt warned overturning foreshore and seabed rulings could cost millions, watch on TVNZ+
Goldsmith said: “The granting of customary marine title brings with it valuable rights to the owners, particularly in terms of resource consents so Parliament always set a high threshold.”
But the minister was advised that applying the test retrospectively posed a "significant fiscal risk" and could cost around $20 million. Goldsmith said they have had an update that it “might be closer to fifteen”.
He added: “Look, the whole exercise is very expensive and I’m trying to come up with better ways with dealing with it.”
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