1997 - South Island Maori lodged a foreshore and seabed claim with the Maori Land Court over a marine farming consent dispute with the Marlborough District Council. The Court found in the Maori claimants’ favour.
The Crown argued that the Maori Land Court had no jurisdiction over the foreshore and seabed and appealed the case to the High Court. The Crown won, with the Judge ruling that the foreshore and seabed were beneficially owned by the Crown.
2003 - The Maori claimants then took the case to the Court of Appeal where activist Chief Justice Dame Sian Elias overturned the High Court ruling, to find in Ngati Apa’s favour, that ‘customary title’ in the foreshore and seabed might exist, and that such rights should be tested in the Maori Land Court.
2004 - Since the Maori Land Court had the power to convert customary title into private title which could be sold, this highly controversial Court of Appeal decision set the scene for the privatisation of the entire coastline, this forced Helen Clark’s Labour Government to legislate to re-affirm Crown ownership through their 2004 Foreshore and Seabed Act.
Because of the Foreshore and Seabed issue Tariana Turia left the Labour Party to co-found the Māori Party.
2008 - National was elected to Government, the Maori Party agreed to join their coalition on condition that Labour’s Foreshore and Seabed Act was repealed.
John Key launched a review, saying that a law change would only go ahead if there was widespread public support. But in spite of 91 percent of submissions opposing the change, National pressed ahead anyway.
2011 - National, driven by Chris Finlayson and encouraged by John Key, passed the Marine and Coastal Area Act 2011 - this Act opened up the coasts to tribal claims. And granted claimants up to $458,000 each to research their claim. NZers who opposed these opportunistic claims had to fund their own cases.
2016 ~ 2025 - A number of customary marine title (CMT) awards were granted to tribes at sites along the coast (e.g. 2016 Titi Islands; - 2021 Ōpōtiki, Gisborne, Wairoa; - 2024 Wairarapa, Tokomaru Bay; - 2025 Kāpiti Coast, Rūapuke Island).
The Crown argued that the Maori Land Court had no jurisdiction over the foreshore and seabed and appealed the case to the High Court. The Crown won, with the Judge ruling that the foreshore and seabed were beneficially owned by the Crown.
2003 - The Maori claimants then took the case to the Court of Appeal where activist Chief Justice Dame Sian Elias overturned the High Court ruling, to find in Ngati Apa’s favour, that ‘customary title’ in the foreshore and seabed might exist, and that such rights should be tested in the Maori Land Court.
2004 - Since the Maori Land Court had the power to convert customary title into private title which could be sold, this highly controversial Court of Appeal decision set the scene for the privatisation of the entire coastline, this forced Helen Clark’s Labour Government to legislate to re-affirm Crown ownership through their 2004 Foreshore and Seabed Act.
Because of the Foreshore and Seabed issue Tariana Turia left the Labour Party to co-found the Māori Party.
2008 - National was elected to Government, the Maori Party agreed to join their coalition on condition that Labour’s Foreshore and Seabed Act was repealed.
John Key launched a review, saying that a law change would only go ahead if there was widespread public support. But in spite of 91 percent of submissions opposing the change, National pressed ahead anyway.
2011 - National, driven by Chris Finlayson and encouraged by John Key, passed the Marine and Coastal Area Act 2011 - this Act opened up the coasts to tribal claims. And granted claimants up to $458,000 each to research their claim. NZers who opposed these opportunistic claims had to fund their own cases.
2016 ~ 2025 - A number of customary marine title (CMT) awards were granted to tribes at sites along the coast (e.g. 2016 Titi Islands; - 2021 Ōpōtiki, Gisborne, Wairoa; - 2024 Wairarapa, Tokomaru Bay; - 2025 Kāpiti Coast, Rūapuke Island).
2017- Was the deadline date for claims to be lodged, with the bulk of the 580 claims flooding in late 2016 - early 2017
2025 - A new amendment bill (Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill) passed its final reading on 21 October 2025. It was introduced under the current coalition government to restore what the ministers see as the original intent of the 2011 Act, by tightening the tests for customary title and enabling some claims for re-hearing.
Closing Notes:
- Labour has already indicated they will reverse the 2025 Bill, yet it was Labour that wisely put the Foreshore and Seabed into Crown ‘ownership’ in 2004?
- The enduring solution is for the foreshore and seabed to be returned to full Crown ownership on behalf of all New Zealanders, reflecting the intent of the 2004 Act.
2 comments:
NZ is an island nation. Its shoreline constitutes its national borders. Surely a sovereign nation must 'own' its own borders?
precisely, Barend
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