NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Auckland iwi Ngāi Tai wins Supreme Court case in stoush over Rangitoto, Motutapu commercial rights

Michael  Neilson
By Michael Neilson
Senior political reporter, NZ Herald·NZ Herald·
14 Dec, 2018 02:18 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Ngāi Tai ki Tāmaki Tribal Trust has won a Supreme Court case meaning commcercial concessions granted for Rangitoto and Motutapu will need to be reassessed. Photo / Brett Phibbs

Ngāi Tai ki Tāmaki Tribal Trust has won a Supreme Court case meaning commcercial concessions granted for Rangitoto and Motutapu will need to be reassessed. Photo / Brett Phibbs

An Auckland iwi has won a Supreme Court case giving it the right to re-apply for exclusive rights to conduct commercial operations on Rangitoto and Motutapu.

Ngāi Tai ki Tāmaki Tribal Trust has claimed rangatiratanga, exclusive rights, to conduct commercial tours on the Rangitoto and Motutapu motu (islands) in the Hauraki Gulf for at least five years.

The iwi lost challenges in both the High Court and Court of Appeal over the Department of Conservation's issuing of five-year tourism concessions to Fullers and the Motutapu Island Restoration Trust on Rangitoto and Motutapu Islands.

While the islands are administered by DoC, Ngāi Tai has claims there based on historical breaches of the Treaty of Waitangi both as an iwi and as part of Ngā Mana Whenua o Tāmaki Makaurau.

Ngāi Tai had argued in granting those concessions DoC did not properly give effect to section 4 of the Conservation Act, which relates to principles of the Treaty of Waitangi.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Both the High Court and Court of Appeal agreed DoC had made errors, but believed it was still consistent with the Treaty.

In a majority decision released today, the Supreme Court ruled in Ngāi Tai's favour. It said the concessions needed to be reconsidered in a manner that involved a "proper application of s4".

The Ngāi Tai Trust argued in court that, as Ngāi Tai ki Tāmaki has mana whenua in relation to the motu, it has the right and responsibility to exercise manaakitanga and kaitiakitanga in its traditional rohe.

Advertisement
Advertise with NZME.

It argued the Treaty principles of partnership, active protection, right to development, and redress meant it was neither appropriate nor in accordance with tikanga for other groups to be providing guided tours on the motu.

The respondents' position was that Ngāi Tai Trust's argument was a claim to have a veto over the granting of concessions, and was an "overstatement of the content of the s4 obligation".

The alleged errors of law were contained in internal DoC reports provided to the decision-maker.

These reports argued "there is no basis for preferential entitlement to concessions in favour of any party under the relevant legislation or current planning documents" and that "economic benefit that could potentially be accrued as a result of a concession … is not something that can be taken into account".

Discover more

New Zealand

Auckland's fuel tax hurts the poor, says report

06 Aug 04:19 AM
Kahu

Auckland iwi's plan to 'mainstream' kaitiakitanga

07 Aug 06:35 AM
New Zealand

Iwi battles for exclusive rights to Rangitoto and Motutapu islands

09 Aug 12:18 AM
New Zealand

Big Read: Meet the locals in paradise, population 21

04 Jan 06:45 AM

The Supreme Court ruled this advice was wrong.

"The statement contained in the internal DoC report that there is no basis for preferential entitlement to iwi in relation to concessions was in error.

"Similarly, the statement that economic benefit to an iwi with mana whenua cannot be taken into account, failed to recognise the active protection principle of the Treaty.

"The decision-maker's dismissal of the possibility of preference being accorded to an iwi meant she did not give proper consideration to that possibility as s4 required her to do."

However, the court did not make a finding on the Ngāi Tai Trust's argument that only those with mana whenua should be granted concessions on the motu, at least for a period of years.

Ngāi Tai ki Tāmaki Tribal Trust chair James Brown said they were happy with the decision.

Advertisement
Advertise with NZME.

"But we are not surprised. This was about how DoC should have done this process, and they simply haven't and that culture has been enshrined for the 30 years the act has been in place."

The people of Ngāi Tai have deep historical and spiritual connections with the
two motu. A voyager in the waka Tainui, Taikehu, established himself on Motutapu.

The iwi had its own commercial, cultural and customary plans for the motu, Brown said.

They would be happy to work with other operators, as long as the process properly took into account Treaty principles.

"Our argument was about whether or not they had they given effect to Treaty principles, it doesn't say anything about exclusive tourism.

"We are happy to support some of the existing operations, such as the core work by the Motutapu Restoration Trust."

Advertisement
Advertise with NZME.

The decision had national implications, Brown said.

"This is not just Ngāi Tai and DoC, I think it has national reach for all Māori, especially those with Treaty settlements."

Exactly how DoC gave effect to Treaty principles would vary across the country, but put simply it needed to include genuine engagement with iwi, Brown said.

A Department of Conservation spokesman said DoC was carefully considering the ruling and that it would be "inappropriate" to comment until they had time to work through the implications.

Save

    Share this article

Latest from New Zealand

New Zealand

Police respond to assault at pool: One hospitalised, charges laid

06 Jul 06:31 AM
New Zealand

'Harrowing incident': Coastguard rescues boaties after 3m waves hit vessel near Motunau

06 Jul 06:20 AM
Crime

Caught on tape: Identity finally revealed of Jaguar-driving teen behind CBD rampage

06 Jul 06:00 AM

There’s more to Hawai‘i than beaches and buffets – here’s how to see it differently

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Police respond to assault at pool: One hospitalised, charges laid

Police respond to assault at pool: One hospitalised, charges laid

06 Jul 06:31 AM

The incident occurred at around 3.15pm on Littlebourne Road.

'Harrowing incident': Coastguard rescues boaties after 3m waves hit vessel near Motunau

'Harrowing incident': Coastguard rescues boaties after 3m waves hit vessel near Motunau

06 Jul 06:20 AM
Caught on tape: Identity finally revealed of Jaguar-driving teen behind CBD rampage

Caught on tape: Identity finally revealed of Jaguar-driving teen behind CBD rampage

06 Jul 06:00 AM
Nine Lotto players win nearly $31k each in Second Division – where tickets were sold

Nine Lotto players win nearly $31k each in Second Division – where tickets were sold

06 Jul 05:31 AM
From early mornings to easy living
sponsored

From early mornings to easy living

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP