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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Determination of whether customary marine title exists

59B: Judgments given under this Act referred to in sections 9A and 9B

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"Important court decisions about the Marine and Coastal Area Act"

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

You can find judgments under the Marine and Coastal Area Act in sections 9A and 9B. They are about customary marine title. They include judgments like Colin Francis Reeder and Ngā Pōtiki ā Tamapāhore Trust on behalf of Ngā Pōtiki. You can see some examples of these judgments. They are about customary marine title and protected customary rights. Some of these judgments have no legal effect. Some judgments must be ignored under clause 4 of Schedule 1AA. This means they never had any legal effect. This rule does not limit clause 4 of Schedule 1AA.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539491.

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Topics:
Environment and resources > ConservationMāori affairs > Māori land
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59A: Outline of aspects of law altered by CMT Amendment Act, or

"Changes to the Law About Using the Coast and Sea"

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60: Scope and effect of customary marine title, or

"What having a customary marine title means and what you can do with it"

Part 3Customary interests
Customary marine title: Determination of whether customary marine title exists

59BJudgments given under this Act referred to in sections 9A and 9B

  1. The judgments referred to in sections 9A(1)(b) and 9B(3)(c) as being altered and overridden include, for example, the following judgments (to the extent that they express reasoning and conclusions about the requirements for recognition of customary marine title, and aspects of the law specified in section 59A):

  2. Colin Francis Reeder and Ngā Pōtiki ā Tamapāhore Trust on behalf of Ngā Pōtiki [2021] NZHC 2726, [2022] 3 NZLR 304 (12 October 2021):
    1. Ngāti Pāhauwera and others [2021] NZHC 3599 (22 December 2021):
      1. Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board [2023] NZCA 504, [2023] 3 NZLR 252 (18 October 2023):
        1. Ngāi Tūmapūhia-ā-Rangi Hapū Inc on behalf of Ngā Uri o Ngāi Tūmapūhia ā Rangi Hapū and others [2024] NZHC 309 (26 February 2024):
          1. Ngā Hapū o Tokomaru Ākau and others [2024] NZHC 682 (25 March 2024; reissued redacted version 1 May 2024):
            1. Muriwai Maggie Jones on behalf of Ngāi Tai Iwi and the Uri of Ngāi Tai Iwi [2024] NZHC 1373 (28 May 2024; reissued 29 May 2024):
              1. Re Papa [2024] NZHC 3610 (29 November 2024):
                1. Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui Takutai Moana o Ngā Whānau Me Ngā Hapū o Te Whakatōhea [2024] NZSC 164, [2024] 1 NZLR 857 (2 December 2024):
                  1. Re Te Hika o Pāpāuma Mandated Iwi Authority [2024] NZHC 3745 (10 December 2024) and Re application for orders recognising Customary Marine Title and Protected Customary Rights [2025] NZHC 1523 (11 June 2025):
                    1. Re Taueki (Ngāti Tamarangi) [2025] NZHC 1488 (9 June 2025):
                      1. Whakatōhea Kotahitanga Waka (Edwards) v Ngāti Ira o Waioweka, Ngāti Patumoana, Ngāti Ruatākenga and Ngāi Tamahaua (Te Kāhui Takutai Moana o Ngā Whānau Me Ngā Hapū o Te Whakatōhea) [2025] NZSC 104 (15 August 2025):
                        1. Re Application by Hutchinson (on behalf of Landowners of Ruapuke Island Group) [2025] NZHC 2400 (22 August 2025).

                          1. The judgments specified in subsection (1)(g), (i), (j), and (l) are examples of judgments that contain a CMT decision, a customary marine title order, or both, that must under clause 4(1) and (3) of Schedule 1AA be taken to have no legal effect, and never to have had legal effect.

                          2. Subsection (2) does not limit clause 4 of Schedule 1AA.

                          Notes
                          • Section 59B: inserted, on , by section 16 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).