Friday 22 August, 2025

Ruapuke Island Group whānau are delighted with a High Court decision released today, which recognised that the traditional landowners of the islands hold Customary Marine Title to the surrounding waters under the Marine and Coastal (Takutai Moana) Act 2011.

In 2017, Melvin Cain, Jasmine Stewart, Christian Fife, and Colin Topi lodged applications to the Court under section 98 of the Act. The applicants represented descendants of the Kīhau, Topi, and Whāitiri whānau on behalf of all Ruapuke Island landowners.

Rick Fife, of the Topi whānau, said the decision confirms the significant relationship whānau have to the Ruapuke Island Group, in Te Ara a Kiwa/Foveaux Strait.

Under the Act, Customary Marine Title recognises a group’s authority over a defined marine area based on ancestral connection, tikanga, and exclusive use. It does not create private ownership but instead affirms mana tuku iho – inherited authority – and provides legal standing to participate in decisions affecting the marine environment.

“Our application was about recognising the area that our whānau has used, protected, and had authority over for generations. Today’s decision ensures that this mahi will continue, for the generations that follow,” Mr Fife said.

Ailsa Cain, of the Kīhau whānau, said the application to seek Customary Marine Title was carefully considered to reflect traditional and long-held uses of the islands and their surrounding waters, and was deliberately more limited than the 12 nautical mile default.

“Today’s decision reaffirms something that has never been lost – our relationship with the water – and recognises what our kaumātua and tīpuna have always known. We thank the court for hearing our case, and for its decision today.”

Jasmine Stewart, of the Whāitiri whānau, said the ruling reaffirmed that the applicant group and their whānau held the area in accordance with tikanga Māori, including ongoing practices of kaitiakitanga, mahinga kai, and rāhui.

The ruling also recognised that Ruapuke whānau had exclusively used and occupied the takutai moana since 1840, with no substantial interruption. The Court emphasised that whānau had consistently demonstrated their mana and guardianship of the area through continued protection of biodiversity, management of the area’s fisheries, and controlling access to the islands.

In its decision, the Court also invited the applicants to submit a draft order under section 109 of the Act, to formally give effect to the now-granted Customary Marine Title. This would allow the group to have a say on resource consent applications, protect wāhi tapu, and continue exercising its customary rights with legal recognition.

Background:

The Marine and Coastal Area (Takutai Moana) Act 2011 replaced the 2004 Foreshore and Seabed Act. It provides mechanisms for recognising Māori customary rights, while ensuring public access.

The takutai moana (or the common marine and coastal area) is the area starting from the mean high-tide mark, and ending 12 nautical miles out to sea, though the Ruapuke Island Group application area did not extend that far.

Customary Marine Title (or CMT) granted under the Act recognises the relationship of iwi, hapū or whānau with their traditional area of takutai moana. CMT can’t be sold, but gives holders more say in resource consent processes under the Resource Management Act 1991. Public access, navigation, fishing and other activities are allowed to continue in CMT areas.

Amendments to the Act are currently sitting before Parliament, with the Government having announced that these will be passed by October this year.

© Scoop Media