Z McCoy (Crown), Memorandum of counsel for the Crown, 2 Sep 24
The Marine and Coastal Area (Takutai Moana) Act Coalition Changes Urgent Inquiry
The Takutai Moana Act 2011 Urgent Inquiry Stage 1 Report
The Marine and Coastal Area (Takutai Moana) Act Coalition Changes Urgent Inquiry
On 13 September 2024, the Waitangi Tribunal released The Takutai Moana Act 2011 Urgent Inquiry Stage 1 Report (Wai 3400). The inquiry was granted urgency in the Waitangi Tribunal’s inquiry programme. The hearing was held in August 2024.
The Tribunal panel comprised Judge Miharo Armstrong (presiding), Ron Crosby, Professor Rawinia Higgins, and Tā Pou Temara. The report was the first report in a two-stage inquiry. This first stage considered the Treaty compliance of the policy development process that the Government followed in seeking to amend the Takutai Moana Act 2011, along with the proposed amendments, and whether these caused prejudice to Māori. The second stage will address the alleged mismanagement of funding for applications for customary marine title under the Act.
Overall, the Tribunal found that the Crown’s actions are such a gross breach of the Treaty that it is an illegitimate exercise of kāwanatanga. The Tribunal cautioned the Crown that, on the strength of the evidence it received, to proceed now on its current course would significantly endanger the Māori–Crown relationship.
To give effect to Treaty principles, the Tribunal recommended that:
- the Crown halt its current efforts to amend the Takutai Moana Act;
- the Crown make a genuine effort for meaningful engagement with Māori; and
- the focus of this engagement should be on the perceived issues of permissions for resource consents, rather than interrupting the process of awarding customary marine title.
The Tribunal emphasised that the recommendations should be implemented to restore a fair and reasonable balance between Māori interests and those of the public in te takutai moana.
