The iwi who are challenging the recreational fishing parks - Ngati Apa, Ngati Kuia, and Rangitane o Wairau - were at the heart of the foreshore and seabed debate in the late 1990s.
The combined fishing trusts of those iwi, known as Te Tau Ihi Fisheries, said the recreational fishing parks "usurp the historical and traditional rights of ... iwi to exercise tino rangitiratanga over our fisheries".
The parks "directly impact on our Treaty settlements", Te Tau Ihi said in its written submission. The iwi also said the proposals gave recreational fishers priority over their customary and commercial rights.
It is the third time in 18 months that Smith has run into trouble over consultation with iwi.
In June, Auckland-based iwi Ngati Whatua sought a judicial review of Smith's policy of selling surplus crown land to developers for housing. The iwi said the policy ignored their right of first refusal.
And Te Ohu Kaimoana said Smith had failed to properly consult on plans to ban commercial fishing around the Kermadecs. The trust said the Government had legislated over a full and final Treaty settlement, and it is challenging the proposed sanctuary in the High Court.
Iwi have not threatened legal action over the recreational fishing parks, but say the proposals are "fundamentally unacceptable and contradict our expectations of the Fisheries Settlement".