The Government has today agreed to move forward with legislation that restores Parliament’s test for Customary Marine Title.
“Last year we introduced legislation to overturn the Court of Appeal’s ruling in Re Edwards, and amend the Marine and Coastal Area Act to restore Parliament’s original test for CMT,” said Treaty Negotiations Minister, Paul Goldsmith.
“However, the Supreme Court then also determined this ruling was wrong. This was helpful, but after appropriate consideration, the Government has decided it doesn’t go far enough.
“Therefore, we will progress with the Bill currently before the House which ensures these tests for applications directly with the Crown, or through the Courts, are upheld as originally intended.”
Customary Marine Title gives the holder valuable rights, including refusing resource consents in the area, such as for renewals of some private assets like wharves, or aquaculture expansion.
“All New Zealanders have an interest in the coastal waters of our country, so Parliament deliberately set a high test in 2011 before Customary Marine Title could be granted,” said Mr Goldsmith.
The Act enables the legal recognition of Māori customary rights while protecting the legitimate interests of all New Zealanders in the marine and coastal area, he said.
“This will give effect to a commitment in the National/NZ First coalition agreement to amend section 58 of the Act to make clear Parliament’s original intent.”
“If passed, the test will apply to any court decisions made since the Government announced its policy on 25 July 2024 and all undetermined applications in either the Court or Crown engagement pathways.”
The Government has ensured there is additional funding of up to $15 million to contribute to the costs of applicants whose applications will need to be re-heard, the Minister said.
The Government intends to pass the legislation by the end of October.
