Supreme Court: Edwards Decision

The Marine and Coastal Area (Takutai Moana) Act 2011 has been a highly contentious piece of legislation, and continues to be a source of tension in our Courts.

Toni Talamaivao, one of our MACA solicitors, prepared this video explaining what the recent Edwards decision means, how it impacts applicants and generally, Māori rights under the legislation.

A brief history lesson:

• 2003

  • The Court of Appeal found that Māori could seek recognition of customary rights in the foreshore and seabed (te reo: takutai moana).

  • There was some public protest to this decision, and fearmongering in the community that people would be refused access to beaches if Māori customary rights were recognised by the Courts.

• 2004

  • Parliament passed the Foreshore and Seabed Act 2004 to overturn the decision of the Court of Appeal.

  • This Act vested ownership in the takutai moana in the Crown, extinguishing any title Māori had through customary ownership.

• 2005-2011

  • A period of political change, including a new National-led Government.

  • This accompanied significant protest by Māori and rōpū that support Māori interests, who said that the 2004 legislation was prejudicial.

  • In 2009, the Foreshore and Seabed Act was reviewed. It was found to be prejudicial and undermined Māori rights.

• 2011

  • The Marine and Coastal Area (Takutai Moana) Act 2011 was passed.

  • This replaced the 2004 legislation.

  • It created a pathway through which Māori could seek recognition for their customary rights in the takutai moana.

Since 2011, applications for this recognition were made with the High Court. Since 2017, these applications are being heard. There has been little movement in this space as legal issues continue to be appealed through the Courts.

We now have further legal development in this space. Toni describes this in the video above.