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Whanau mandate not enough for marine title claim

Whānau customary marine title claim refused, but given chance to reduce its scope

The judge said customary marine title amounted to an elevated influence in an area and enabled effectively a form of veto, with certain exceptions, over activities in the area needing a new resource consent. Another type of right recognised under the act, protected customary rights, could be granted to more than one group over the same area, she said. A protected customary right was granted for an activity, right, or practice done with a degree of regularity in the area but without the need for exclusivity or occupation that a customary marine title required. It was that type of right she ultimately suggested the Clarkson whānau consider.

Has the High Court shown the way for successful Māori claims to marine title?

Winning customary marine title To understand why the judge’s decision was so noteworthy, it’s important to grasp what are considered three key factors in determining an application for customary marine title: The retention of land adjacent to the claimed foreshore The issuing of resource consents by local authorities Third-party (public) use of the foreshore and seabed. Christel Yardley/Stuff The claims involved foreshore and seabed in and around Whakatāne in the eastern Bay of Plenty. On all these, Justice Churchman ruled in favour of the claimants. He found the retention of adjacent land was not important, and loss of land may even have led to increased use of the takutai moana.

Has the High Court shown the way for successful Māori claims to marine title?

Has the High Court shown the way for successful Māori claims to marine title?
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