Ōpōtiki, Bay of Plenty – Ngāti Ira celebrates today's landmark Supreme Court judgment that upholds our customary rights to the marine and coastal areas within our ancestral rohe in the eastern Bay of Plenty.

The Supreme Court's decision in Whakatōhea Kotahitanga Waka (Edwards) and Others v Ngāti Ira o Waioweka and Others represents the Crown's recognition of our inherent tino rangatiratanga over our takutai moana - rights that have been exercised by our hapū since time immemorial.

"Today's judgment recognises what we have always maintained under Te Tiriti o Waitangi – that our tino rangatiratanga over our takutai moana is inherent and was guaranteed protection under Article Two and that our customary rights to our coastal waters and marine areas have never been extinguished" said Te Ringahuia Hata speaking on behalf of Ngāti Ira.

The Supreme Court's decision:

• Affirms our tino rangatiratanga over marine areas of ancestral significance to our hapū
• Upholds tikanga-based governance of customary marine title, recognising that these rights are properly exercised at the hapū level in accordance with our whakapapa and mana whenua
• Establishes that our mana extends to navigable rivers within our rohe
• Validates our mana moana through our values manaaki tētahi ki tētahi and whakapapa relationships with each other in Te Kāhui Takutai Moana o Ngā Whānau me Ngā Hapū o Te Whakatōhea.

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This judgment acknowledges the Crown's breach of Te Tiriti o Waitangi through the Foreshore and Seabed Act 2004, which unlawfully extinguished our tino rangatiratanga guaranteed under Article Two. The Marine and Coastal Area (Takutai Moana) Act 2011 provided a mechanism for partial restoration of our inherent rights, and today we see Te Tiriti principles being honoured through the highest court in the land.

"Our tīpuna exercised uninterrupted tino rangatiratanga over these waters under the guarantee of Te Tiriti. The Crown's unlawful taking of these rights violated the very foundation of our constitutional relationship," Ms Hata continued.

Ngāti Ira acknowledges the Supreme Court's wisdom in encouraging all parties to exercise these rights according to tikanga Māori and through Whakatōhea processes that honour our ancestral relationships.

"While we celebrate this constitutional recognition, we remain committed to exercising our tino rangatiratanga in partnership with our whakapapa connections within Te Whakatōhea, ensuring our mana moana serves the wellbeing of all our people and protects our marine taonga for our uri," says Hata. “After all, together, we are the iwi but the mana whakahāere, mana moana lies with each hapū and we work exercise our Kaitiakitanga and tikanga together.” 

Background: Ngāti Ira o Waioweka is a hapū of Te Whakatōhea with ancestral connections to the coastal areas around the Waiōweka River and eastern Bay of Plenty. The hapū has been actively involved in asserting customary marine title rights under the Marine and Coastal Area (Takutai Moana) Act 2011.

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