Te Rūnanga o Ngāti Whātua has filed a challenge to the coalition government over its plan to restrict the Marine and Coastal Area (MACA) Act, making it harder for hapū, uri and beneficiaries to get customary marine title.
Co-chairs John Marsden and Dame Rangimarie Naida Glavish say they want nationwide activation, arguing the government’s “arbitrary decision starkly exposes its absolute contempt towards its Treaty partner’s rights, marking a clear and unyielding stance”.
“We have had no choice but to ask the court to grant us declarations the government has breached Article 1 of the Bill of Rights 1688 and sections 27(1) and 20 of the New Zealand Bill of Rights Act 1990. We are also seeking Bill of Rights damages for these breaches.
“Te Rūnanga o Ngāti Whātua is significantly impacted, along with other applicants in the Whangārei Harbour and Whangārei Coast hearings. We have two live or undetermined hearings that will be overturned if the court issues decisions. These cases will need to be re-heard under the amended MACA Act, which will impose a tougher test for customary marine title (CMT).
“This situation is grossly unfair. The government’s decision effectively prevents us from having our rights and interests in the Whangārei Harbour and Whangārei Coast determined under the existing act.”
They say the government has arbitrarily set a cutoff date of July 25, 2024, for cases to be heard under the current MACA Act. “Had it chosen a later date, both of our live hearings would likely have been resolved under the existing act”.
“There is no justification for this specific date, especially since no bill has been introduced or enacted into law. The government has stated that the amending legislation will not pass until the end of the year by which time, we would have received judgment in the Whangārei Harbour case and judgment in the Whangārei Coast case.
“The amended act will make it more difficult for our hapū, uri and beneficiaries to benefit from customary marine title, and that will also breach our right to enjoy our culture.”
They said they had been offered a consultation period but all the key decisions had already been made by the government.
“We were given three weeks, insufficient time to get input from our beneficiaries, marae and post-settlement government entities.
“Even if we could make an informed response in that time, is the government listening?
“The consultation letter from the Minister of Justice ( Paul Goldsmith) underscores this when it states that “the above changes have already been approved by the cabinet …”
Te Rūnanga o Ngāti Whātua is inviting other iwi to its legal proceedings, saying the government’s “egregious conduct is an attack not only on Ngāti Whātua – but te tino rangatiratanga of all iwi”.
Iwi leaders support the lawsuit
On the back of Te Rūnanga o Ngāti Whātua suing the government for their new changes to the MACA act and toughening up tests for Customary Marine Titles, they are calling on other iwi leaders for their support.
Ngāti Kahungunu chairman Bayden Barber says the government’s actions are further cementing its place in disgust among Māori.
“Kāre i pai. He whakaaro heahea rawa atu tēnā a te kāwanatanga, heoi anō, ko tēnei kāwanatanga kei te whai i tērā rautaki, te whakatāmi nei i a tātou te iwi Māori. Nōreira, e kore rawa a Kahungunu e whakaaetia ki tēnei āhuatanga, nā te mea ko te mana whakahaere o te moana e noho nei ki roto i ngā hapū, ngā tini hapū o Kahungunu. Nōreira ka whawhaitia mātou i tērā.”
It’s not good at all. It’s a foolish thought from the government. However, this government is following that strategy, suppressing us the Māori people. So, Kahungunu is strongly opposed to this law change, because for us the ownership and autonomy over the sea belong to the many sub-tribes of Kahungunu. So, we will fight this.
The government plans to tighten up the law to make it harder for iwi to receive customary marine title over their coastline. Te Rūnanga o Ngāti Whātua is filing a lawsuit to challenge the government plan, saying it’s belittling Māori.
Ngāti Kahungunu and Te Aupōuri are in support
Te Rūnanga Nui o Te Aupōuri chairman Maahia Nathan says this again is another act of racism and suppression.
“Ngātahi te tāmi me te whakaiti, kaikiri, ērā mea katoa e haere ngātahi ana. Nā ko te hiahia ki taku titiro, ki te whakakahore i a tātou te iwi Māori i roto i tō tātou ake whenua. Māku rā e mea atu ki a tātou, he pīki whawhai kei te haere.”
It’s all one, suppression, belittlement, racism all of those things go hand in hand. So, my view is they want to be rid of Māori on their own land. I say this to us all, there is a big fight to come, Nathan says.
“Kei te tautoko mārika a Kahungunu i tērā wero, heoi anō, wero mai, wero atu a te ture kua kite nei kāre he wikitōria. Kei te mahi tonu te kāwanatanga i āna mahi. Nōreira me āta rautaki tātou te iwi Māori me pēhea te anga whakamua.”
Kahungunu definitely supports that challenge. However, challenges and lawsuits come and go.
We’ve seen that there are few victories for us. The government will carry on doing their thing. So we need to carefully strategise what our path ahead looks like for Māori,” Barber says.
Iwi leaders from around the country are in Auckland for the National Iwi Leaders Forum and are supporting the challenge laid by Ngāti Whātua, on an issue that has been fought by Māori for over 20 years.
‘Your fight is our fight!’
Meanwhile, Te Aupōuri has said it intends to withdraw from the MACA court process.
“He iwi moana mātou. Te taha hauāuru, te taha rāwhiti, me te taha raki. Katoa o tō mātou rohe e hurirauna ana i tō mātou rohe, he moana. Nā koia tērā tā mātou pātaka kai. Nāreira e tika ana mā Te Aupōuri e tū ki te kī ake mō tō mātou ake rohe ka nui tēnā. Ka nui tēnā takahī i te mana o te iwi o Te Aupōuri.”
We are a tribe surrounded by ocean to the west, the east and the north. Our entire region is encompassed by ocean. It is our source of sustenance. So, it’s only right for us as Te Aupōuri to stand up and say for our region, that’s enough, that’s enough trampling over our prestige. Nathan says.
Ngāti Kahungunu was one of the leading tribes on the first foreshore and seabed hīkoi 20 years ago and Barber says its view has not changed one bit.
“Kia kaha ki a koutou, ki a tātou. Ko tō whawhai, ko tōku whawhai, ko tō tātou nei whawhai.”
Stay strong, to you and to us all. Your fight is my fight, it’s our fight.