“The coalition-government’s plan to whitewash Aotearoa through a new era of confiscation is now crystal clear,” says Te Rūnanga o Ngāti Ruanui Trust kaiw’aka’aere Rachel Arnott.

The Government is proposing to introduce new legislation to overturn a Court of Appeal decision covering our customary rights to the foreshore and seabed, they have abandoned all pretence of constructively working with Māori.

“We are standing at the precipice of a fresh wave of crown confiscations.”

The Court of Appeal decision stated the customary marine title test was too high under the Marine and Coastal Area Act (MACA) introduced in 2011, producing an outcome “inconsistent with the Te Tiriti”, and inconsistent with the common law.

The court stated - “Where the Treaty/Te Tiriti had been breached by Crown failures to protect customary rights and interests, MACA would entrench and perpetuate those breaches.”

The Court’s ruling made for a much more reasonable approach under the current Act.

“The notion the Court of Appeal decision gave iwi and ‘apu too much power is egregious,” Arnott said.

“This new legislation will make it almost impossible to be awarded a marine title.

“Make no mistake, this is not about balancing natural expectations; this is about launching a new era of theft.”

“It is tragically poignant, that almost 20 years to the day, we are again railing against another ill-fated tilt at confiscating out coastline and moana rights.”

Arnott said the avalanche of anti-Māori policies over the last few months was by design.

“This government wants to numb the voting public, and media, to what amounts to a sustained attack on our rights.

“It just seems to be racist step, after racist step throughout every proposed legislative change.”

Ngāti Ruanui Taiao Officer Graham Young said the Iwi were beyond frustrated.

“Cutting across a Court of Appeal decision with no substantive iwi engagement is beyond farcical.

“Once again, like a record as broken as the government, I must stress our extreme disappointed that more robust discussions haven’t occurred when it matters the most.”

The Marine and Coastal Area Act was introduced in 2011 to replace the maligned Foreshore and Seabed Act 2004.

Also known as the MACA, it offers a mechanism for recognising customary interests in the form of either marine titles or protected customary rights.

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