Re Taueki (Ngati Tamarangi)

• Jurisdiction: New Zealand
• Court: High Court
• Judge: Grice J
• Judgment Date: 13 June 2025
• Neutral Citation: [2025] NZHC 1488
• Docket Number: CIV-2017-485-160; CIV-2017-485-214 CIV-2017-485-511; CIV-2017-485-261 CIV-2017-485-248 Group N, STAGE 1(a)

Under the Marine and Coastal Area (Takukai Moana Act) 2011

In the Matter of applications for orders recognising Customary Marine Title and Protected Customary Rights

by

William James Taueki on behalf of Ngāti Tamarangi hapū of Muaūpoko iwi (CIV-2017-485-160)

by

Margaret Morgan-Allen for David Morgan Whānau (CIV-2017-485-214)

by

Rachael Ann Selby on behalf of Ngāti Raukawa ki te Tonga (CIV-2017-485-229)

by

Patrick Seymour on behalf of Te Whānau Tima (Seymour) and Ngā Ahi Kā o Te Hapū o Te Mateawa (CIV-2017-485-273)

by

Chris Shenton on behalf of Te Rūnanga o Ngā Wairiki Ngāti Apa (CIV-2017-485-511)

by

Muaūpoko represented by Muaūpoko Tribal Authority Incorporated (CIV-2017-485-261)

by

Trustees of Te Ātiawa ki Whakarongotai Charitable Trust on behalf of Te Āti Awa ki Whakarongotai (CIV-2017-485-248)

Interested Parties

Te Rūnanga o Toa Rangatira Incorporated on behalf of the iwi of Ngāti Toa Rangatira (Crown engagement) MAC-01-12-021

Attorney-General

Manawatū-Whanganui Regional Council, Wellington Regional Council and Kāpiti Coast District Council

Te Patutokotoko represented by Christopher Henare Tahana, Edward (Fred) Clark, Hayden Tūroa, and Novena McGuckin (CIV-2017-485-254) (Intervener)

Rangitāne o Manawatū Settlement Trust (applied)

Seafood Industry Representatives

Horowhenua 11 (Part) Reservation Trust

[2025] NZHC 1488

CIV-2017-485-160; CIV-2017-485-214

CIV-2017-485-229; CIV-2017-485-273

CIV-2017-485-511; CIV-2017-485-261

CIV-2017-485-248

Group N, STAGE 1(a)

IN THE HIGH COURT OF NEW ZEALAND

WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE WHANGANUI-A-TARA ROHE

Indigenous — recognition of customary marine title — holds in accordance with tikanga — Exclusive use and occupation — continuity from 1840 to the present day without substantial interruption — substantial interruption by third parties — Marine and Coastal Area (Takutai Moana) Act 2011 — Treaty of Waitangi

The issues were: whether the applicants held the Takutai Moana in accordance with Tikanga and whether they had exclusive use and occupation and continuity from 1840 to the present day without substantial interruption.

The Court held five applicant groups had met the test for CMT and were entitled to either shared exclusive or exclusive CMT over various parts of the takutai moana in the hearing area.

The evidence indicated that by the latter part of the 20th century and into the 21st century there was increasing public recognition of the role of Māori as kaitiaki of the takutai moana along the application area. In the 20th century, the coast and adjoining sea gradually transitioned from being primarily a trading corridor, to being used for recreational purposes. This did not interfere with Māori use and occupation of the relevant coastal area and adjoining moana. Section 59(3) the Act noting that third-party fishing and navigation are not necessarily disqualifying, is also relevant. There had been substantial recreational, as well as an amount of commercial, fishing off this coast, but it had not affected the use and control of it by Māori groups. Recognition by third parties of the importance of the coastal area to Māori was evident in the publication of lists and maps of sites of significance to Māori in planning documents by local authorities. The applicants did not have to prove exclusivity and the absence of substantial interruption across every single moment of time and at every location since 1840. Many of the relevant tikanga indicia (physical occupation markers, names, manaakitanga and whanaungatanga, Kawa and performance of rituals, extensive use, recognition by others, Treaty of Waitangi, demographic information as evidence of continued occupation) suggested the applicants had a strong, ongoing, holistic relationship with the area.

CMT orders made.

Appearances:

A K Irwin and O T H Neas for Ngāti Tamarangi hapū of Muaūpoko iwi

No appearance for Margaret Morgan-Allen for David Morgan Whānau

N R Coates, P Walker and T I M Hautapu for Ngāti Raukawa ki te Tonga

B R Lyall, M R G van Alphen Fyfe and H L B Swedlund for Patrick Seymour on behalf of Te Whānau Tima (Seymour) and Ngā Ahi Kā o Te Hapū o Te Mateawa Continued….

Appearances:

C Shenton (self-represented) for Te Rūnanga o Ngā Wairiki Ngāti Ap

T H Bennion, E A Whiley and Kudrat for Muaūpoko Tribal Authority Incorporated

A M Cameron, T N Ahu and A J Samuels for Te Āti Awa ki Whakarongotai Charitable Trust

E K Rongo and Z Jmpnr Tait for Te Rūnanga o Toa Rangatira Incorporated

D A Ward, D O Kleinsman and A H Ou for Attorney General F R Wedde and C E Bulow for Manawatū-Whanganui Regional Council, Wellington Regional Council and Kāpiti Coast District Council

L L Black for Te Patutokotoko

C F Finlayson KC and D E Parfitt for Rangitāne o Manawatū Settlement Trust

B A Scott, T D Smith and R J J Wales for Seafood Industry Representatives

C M Hockly for Horowhenua 11 (Part) Reservation Trust

JUDGMENT OF Grice J (Applications for Customary Marine Title)

Table of Contents

WHAKATAKINGA | INTRODUCTION	[1]
The applicants and interested parties	[6]
The application area — features of the Kapiti Coast takutai moana	[12]
TE TURE | THE LAW
Legislative framework
Overview	[20]
Definitions and purpose	[22]
Customary marine title (CMT)	[28]
Protected customary rights (PCRs)	[33]
Tikanga	[38]
Preliminary comments of the pūkenga	[45]
Questions for the pūkenga	[51]
Concluding remarks	[111]
Issues arising from the pūkenga report and evidence	[114]
Interpretation: Supreme Court test for CMT in Re Edwards	[119]
Holds in accordance with tikanga	[120]
Exclusive use and occupation	[122]
Continuity from 1840 to the present day without substantial interruption	[127]
Extinguishment	[133]
Shared or joint exclusive CMT	[134]
Yet to be determined by the Supreme Court	[140]
Parties' submissions on the Supreme Court decision	[141]
APPROACH IN THIS JUDGMENT
Foundational take and the Supreme Court's CMT test	[147]
The claimants' evidence	[153]
Structure of judgment	[158]
THIRD-PARTY USE AND OCCUPATION OF THE TAKUTAI MOANA
Historical evidence	[163]
Early third-party use of the application area	[165]
The coastal highway	[168]
Pākehā settlement and trade	[174]
The telegraph debate	[177]
Late 19th century to present day	[181]
Evidence of local authorities	[187]
Assessment of substantial interruption by third parties	[199]
Public use of the takutai moana	[202]
Early expressions of Māori control from 1840	[205]
Kaitiakitanga	[219]
Recreational use	[223]
Recognition of control	[226]
Structures and infrastructure	[227]
Conclusion on third-party substantial interruption	[237]
Extinguishment	[239]
NGĀTI TOA RANGATIRA
Whakapapa	[245]
Foundational take at 1840	[254]
Take raupatu	[269]
TE ĀTIAWA KI WHAKARONGOTAI	[300]
Whakapapa	[301]
Foundational take at 1840	[306]
Evidence of tikanga indicia
Historical evidence	[325]
The Barrett whānau and Kapiti Island	[337]
Treaty settlement	[345]
Present-day activities	[348]
ASSESSMENT OF TE ĀTIAWA'S CMT CLAIM	[353]
The positions of Te Ātiawa and Ngāti Toa	[354]
The pūkenga's assessment	[360]
The tuku whenua	[365]
Shared whakapapa	[374]
Te Ātiawa's CMT claim on the mainland	[382]
Foundational take at 1840	[383]
Holds in accordance with tikanga	[385]
Exclusive use and occupation	[390]
Continuity “from 1840 to the present day without substantial interruption”	[400]
Conclusion	[403]
Shared boundary area — Ngāti Toa	[404]
Te Ātiawa's CMT claim on Kapiti Island	[416]
Shared CMT with Ngāti Raukawa	[432]
Ngāti Toa and Te Ātiawa: Next steps	[434]
NGĀTI RAUKAWA	[438]
Whakapapa	[442]
Foundational take at 1840	[449]
Waikato homelands	[450]
The battle of Waiorua and its aftermath	[455]
Te Whatanui and Taueki	[464]
Battle at Haowhenua	[480]
Battle of Te Kūititanga	[481]
Native Land Court decisions	[483]
Take raupatu and take tuku	[491]
Evidence of tikanga indicia	[496]
Physical occupation markers	[497]
Naming of places	[504]
Kaitiakitanga	[507]
Taniwha	[524]
Extensive use	[525]
Rāhui	[540]
Manaakitanga and whanaungatanga	[544]
Kawa and performance of rituals	[546]
Recognition by others	[556]
The Treaty of Waitangi/Te Tiriti o Waitangi	[565]
Demographic information as evidence of continued occupation	[566]
MR TIMA	[571]
Whakapapa	[573]
Foundational take at 1840	[583]
Evidence of tikanga indicia	[593]
MR TAUEKI	[614]
Whakapapa	[617]
Foundational take at 1840	[621]
1830 arrangement: Te Whatanui and Taueki	[631]
Evidence of tikanga indicia
Treaty signatories	[642]
Historical evidence of use of resources	[644]
Present-day activities	[648]
HOROWHENUA 11 PART (LAKE RESERVATION TRUST)	[653]
MUAŪPOKO TRIBAL AUTHORITY	[676]
Whakapapa	[678]
Foundational take at 1840	[685]
Historical narratives	[686]
Background to Himatangi hearings	[694]
Evidence in the Himatangi hearing	[700]
Peace-making	[707]
The 1869 Himatangi hearing	[716]
Evidence of tikanga indicia	[72...