Foreshore and seabed: Supreme Court overturns eased customary rights test
December 2, 2024
The Supreme Court ruled the Court of Appeal “erred.”
Summarised by Centrist
The Supreme Court ruled the Court of Appeal “erred” in its interpretation of Māori customary rights under the Marine and Coastal Area (Takutai Moana) Act.
The ruling upheld the need for “exclusive use and occupation” since 1840 under tikanga but clarified that physical exclusion isn’t required. Justice Minister Paul Goldsmith welcomed the decision, noting its importance for ongoing legislation. The case reignites long-standing debates over Māori rights to the foreshore and seabed.
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