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High Court confirms iwi rights

A recent High Court decision granting Ngāti Raukawa ki te Tonga customary marine title (CMT) has confirmed that the iwi has mana whenua and mana moana on the coast.

The decision grants Ngāti Raukawa CMT under the Marine and Coastal Area (Takutai Moana) Act 2011 across the full coastal area claimed – from Kukutauaki (south of Te Horo) to the Rangitīkei River. The application for CMT was made on behalf of Ngāti Raukawa by the chair of Raukawa ki te Tonga Trust, Rachael Selby.

Representatives of Ngāti Toa Rangatira, Ātiawa ki Whakarongotai, and Ngā Hapū o Ōtaki hāpū and whānau, and council Partnership Agreement signatories, at Raukawa Marae.

Rachael says the iwi always knew it had title on the coast – now a crown court had confirmed it.

“It enables us to exercise that mana by having greater input into activities on the coast,” she says. “The crown management of coastal areas has been disastrous, – note pollution, for example, from streams and rivers, loss of shellfish beds due to contamination from inland.

“This decision enables the iwi to walk alongside neighbouring iwi and councils to improve the coastal environment, and to walk with communities to address concerns.”

Rachael says Ngāti Raukawa will be able to work with entities like DoC when for instance a whale strands, “so that we address how the stranding will be managed, rather than crown agencies wanting to take an ‘upper hand’.”

“The decision can only be positive on this coast because of our commitment to working together. We will want to influence local bodies so that the environment is improved, [and] biodiversity restored.

“There are now greater opportunities for collaboration . . . It’s all positive.”

Ngāti Raukawa was granted shared exclusive CMT:

• with Te Ātiawa ki Whakarongotai, at the Kukutauaki boundary between Raukawa and Te Ātiawa

• with te whānau Seymour and Ngā Ahi Kā o te hapū o te Mateawa, from the Ōhau River to the Waikawa River

• with Ngāti Tamarangi, over the takutai moana from Te Uamairangi to Ngā Manu, and

• with Muaūpoko, over the takutai moana from the Hōkio stream to Ngā Manu (at the north-western corner of the Waitārere forest).

It means Ngāti Raukawa will jointly hold CMT and must collaborate in these areas. It was granted exclusive CMT in all other areas between Kukutauaki to the Rangitīkei River.

The CMT awarded to all parties extends just one nautical mile from the mean high-water springs mark, even though the act allows for recognition out to a maximum of 12 nautical miles.

“This is an interesting part of the decision and is something we are reviewing,” a statement from Ngāti Raukawa said when the decision was released.

However, it said that overall, the decision was a positive outcome for Ngāti Raukawa.

“We consider that the decision is clear and well reasoned in respect of CMT for Ngāti Raukawa, firmly based on the strength of our evidence.”

The statement said there was still much water to go under the bridge before orders were finalised, including an upcoming hearing on wāhi tapu sites within the marine and coastal areas subject to CMT.

“For now . . . we take a moment to pause and reflect, acknowledging our old people and their strength and wisdom that led to this historic milestone for our iwi.”

See raukawakitetonga.maori.nz for more information on the decision.

 

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