Source: Radio New Zealand
Ruapuke Island whānau at the High Court in April 2025. Supplied/Ruapuke whānau
Whānau from Ruapuke Island near Bluff have, again, won customary marine title (CMT) over the waters surrounding Te Ara a Kiwa/Foveaux Strait – the first claimants to do so under stricter rules.
In a judgement released on 26 February, the High Court found the group met the revised legal tests introduced by the Marine and Coastal Area (Takutai Moana) Amendment Act.
The Ruapuke Island Group had previously won CMT in late August 2025, following an eight year application process through the High Court.
At the time, Rick Fife of the Topi whānau, said the he was “extremely pleased” with the decision because it affirmed the connection the various Ruapuke whānau have with their takutai moana.
However, their win coincided with introduction of new rules, effectively making it harder for Māori to win customary marine title. The rule changes were also retrospective, meaning any court decisions issued after 25 July 2024 would be void and need to be reheard.
Despite that, the Court concluded that the claimants held the specified area in accordance with tikanga continuously since 1840, and had exclusively used and occupied the takutai moana without substantial interruption.
The evidence presented to the Court included generations of customary harvesting of kaimoana, seasonal mahinga kai practices and active stewardship of the environment through conservation and kaitiakitanga.
Ailsa Cain of the Kīhau whānau said the decision affirmed what Ruapuke whānau had always known.
“The Amendment Act asked the Court to apply new and more restrictive tests and consider all the evidence again. We are grateful that the Court has once more recognised our whakapapa our tikanga, and our uninterrupted relationship with these waters since before 1840.”
The Court found activities like commercial fishing did not amount to a substantial interruption of customary use and occupation, and had not prevented whānau from continuing their customary practices or exercising kaitiakitanga.
Te Rūnanga o Ngāi Tahu Kaiwhakahaere Justin Tipa congratulated the whānau on the outcome.
“Despite the government changing the law and forcing them back to court to face much stricter tests, their unbroken connection to these waters has now been recognised for a second time.” he said.
“This victory is significant, but we remain deeply concerned for other whānau who now have to fight much harder for their own recognition. Changing the law to raise the bar has put an unfair and unnecessary burden on whānau, hapū and iwi. It also risks shutting out whānau altogether whose whakapapa and tikanga connections are just as strong as those of Ruapuke.”
The law changes prompted sharp protest from Māori around the country, including Northland iwi Ngātiwai and Ngāti Manuhiri who are challenging the amendments in the High Court.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
