Customary marine title: ‘No comment’ from Crown witness on Government Treaty commitments

By Te Manu Korihi for RNZ

The Crown’s witness chose not to comment when asked if the Government was bound to respect Treaty principles at an urgent Waitangi Tribunal hearing into changes to customary marine title.

Te Arawhiti’s deputy chief executive Tui Marsh, who was also responsible for Treaty reconciliation and Takutai Moana, was the Crown’s sole witness on the second day of the hearing.

Marsh said that officials at Te Arawhiti the Office for Māori Crown Relations had advised Minister for Treaty Negotiations Paul Goldsmith that any amendments to Section 58 of the Marine and Coastal Area Act could result in further tension in Māori-Crown relations.

“In light of the Court of Appeal in Re Edwards, the Government position is that the courts, in interpreting Section 58... changed the nature of the test and materially reduced the threshold for the recognition of [Customary Marine Title].”

Marsh said several parties, including the Attorney-General, had been granted leave to appeal the Court of Appeal’s decision, but the Government considered it best to achieve its goals through legislation rather than by going through the Supreme Court.

“There are existing customary rights, this is about having those legally recognised. It does not take away the customary rights that exist, it does not for mine, ignore the inherent connection that people like we have heard in the court during these proceedings have with their Takutai Moana.”

When asked by claimant lawyers if Cabinet and its individual members were bound to uphold and respect the principles of the Treaty, Marsh chose not to comment.

Earlier Goldsmith defended his comments at a private meeting with seafood industry representatives in May, where he said the proposed law change “should reduce the 100% of coastline subject to Customary Marine Title to 5%”.

The figure was just part of “free-flowing discussion” and not based on any analysis, he said.

Evidence submitted to the tribunal on behalf of Te Roroa shows Te Arawhiti, including Marsh, had engaged with the iwi as part of its application for coastal rights while the minister was meeting with seafood industry representatives.