Ruapuke Island whānau in 1996. Photo / Supplied
A South Island whānau group that was recently awarded customary marine rights in the High Court will be one of the first to have at least part of their case reheard after Government changes to foreshore and seabed legislation.
Ruapuke Island Group reside across a series of islands between Bluff and Stewart Island in Foveaux Strait. In August, their seven-year court case for customary marine rights around those islands was granted.
Their case is one of seven that will need to be reheard after legislative amendments led by Treaty of Waitangi Negotiations Minister Paul Goldsmith.
The legislation, which passed its third reading earlier this month, overturns an earlier landmark Court of Appeal decision that essentially lowered the test for customary marine title.
Ruapuke Island Group’s Ailsa Cain said the group were exhausted and frustrated that they needed to dedicate further time to the court process rather than on future planning for foreshore and seabed matters.
“No matter how confident we are that we’ll pass the test, you still have that self-doubt and that concern because the Crown is known for taking things away from you that you love and care about.”
The people of the Ruapuke and surrounding islands were seasonal and semi-nomadic, constantly moving between islands and the mainland, as they had done since 1840, she said.
Cain first went to the islands when she was 2 years old. Her whānau could spend up to eight weeks on the islands, relying on fish, shellfish, kelp and muttonbirds. Unlike much of South Island, the islands were never confiscated or obtained by the Crown.
“What you have is what you have, you either have to harvest it or you’ve got it ... there are no supermarket runs. I first got taken down there at 2 and ... we’re having to cut tracks through bracken every year, walking on peat soil and rocks.”
The group decided to seek customary marine rights after they saw an increase in people, including fishers, degrading their local waters, she said.
The law amendments keep alive a controversial topic that has been marred by protests – most notably the hīkoi of 2004 that led to the birth of Te Pāti Māori and intense debate over whether anyone should have special rights over the foreshore and seabed.
Goldsmith acknowledged having to redo part of the process would be “very disappointing”. He said the changes would restore the test to Parliament’s original intent and apply to all cases from the date of the announcement, July 25 last year.
Earlier this month, the legislation passed its third reading.
“This is not something that we’ve done lightly ... The Marine and Coastal Area Act sets a carefully judged regime that strikes a delicate balance between interests – public, private, and tangata whenua. The sole purpose of these amendments is to ensure that that balance continues to be struck and is an enduring one.”
Ngāi Tahu chief executive Justin Tipa said Ruapuke’s win in court was “momentous decision” that acknowledged the relationship the Ruapuke whānau had with the islands.
He said he was deeply disappointed the Government was going ahead with its legislative changes.
“The Ruapuke decision proves the act already provides a fair and workable pathway for whānau, hapū and iwi to have their long-standing relationships with the takutai moana recognised,” he said.
“The Government’s proposal to raise the bar for applicants undermines that intent. It risks rewriting the rules midway and setting a threshold so high that very few whānau will be able to succeed, no matter how strong their tikanga and whakapapa connections are.”
Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.