Shock Attack on Marine and Coastal Area With New Bill

TE POU KŌRERO - HŌTOKE 2024

A shock decision by Cabinet to freeze funding for those seeking recognition of their rights under the crucial Marine and Coastal Area (Takutai Moana) Act 2011 is another blow to iwi–Crown relations. 

We have been advised that funds available under the Takutai Moana Financial Assistance Scheme will be restricted to approximately $12 million for the next fiscal year. It is a budget that was devised without reference to applicants and based on average costs before the High Court started holding hearings. 

With around 300 applications covering the whole coast of Aotearoa, that effectively means that only a small slice would reach each claim. 

Te Rūnanga o Ngāti Ruanui Trust kaiw’aka’aere Rachel Arnott said all South Taranaki applications were in peril of not proceeding.

These were set down for hearing in the High Court in February 2025, a hearing that was scheduled almost 12 months ago. 

“We have been blindsided by this,” she said. 

“Māori rights are not just being eroded but are being effectively removed by this government once again. 

“The Crown has told applicants that a single large hearing would rip through that budget alone,” she said. 

“We put our faith on clear commitments by Te Arawhiti that funding is, and will be, available to progress our application. 

“However, it appears that the Crown has once again decided to breach both the law and its obligations under the Treaty of Waitangi.” 

Takutai Moana Financial Assistance Scheme, administered by Te Arawhiti, provides funding for iwi, ‘apū, or w’ānau groups who have made an application under the Te Takutai Moana Act 2011. 

The Marine and Coastal Area Act was introduced in 2011 to replace the maligned Foreshore and Seabed Act 2004. 

Also known as the MACA, it offers a mechanism for recognising customary interests in the form of either marine titles or protected customary rights. 

Ngāti Ruanui Taiao Officer Graham Young said neither Te Arawhiti nor the Attorney-General had provided any ‘good faith engagement’ before or after their memorandum was filed. 

“It’s colonial injustice in the modern times. 

“Since the Crown told the High Court that it should cancel our hearing, we are looking at all our options, including joining a collective position to the High Court with other South Taranaki applicants and defending our right to have our day in Court.”