Ngāti Manuhiri to challenge marine and coastal law changes in High Court

Ngāti Manuhiri has filed a High Court challenge over recent changes to the Marine and Coastal Area Act, arguing the amendments undermine Treaty rights and access to justice.

High Court challenge to marine and coastal law

Ngāti Manuhiri are set to challenge the recent amendments to New Zealand’s marine and coastal legislation in the High Court, alleging that the changes to theMarine and Coastal Area (Takutai Moana) Act 2011 limit Ngati Manuhiri in the exercise of their culture, deny their access to justice, and limit and discriminate against Māori.

Ngāti Manuhiri chair Mook Hohneck says that the changes, rushed through Parliament late last year in just under four weeks, impose a legal test that measures customary ownership through Western concepts of exclusion rather than tikanga Māori, and unjustifiably undermine rights recognised under the original law.

“What we’re seeing is not an attempt to uphold the original intent of the law, it is an attempt to fundamentally change the rules with which we’ve engaged in good faith because the Crown isn’t getting its way.” Mook says.

“The Crown is stacking the deck in its favour, and is setting a precedent that future Governments can constantly move the goal post whenever they see fit.”

Concerns over retrospective law changes

The claim being made by Ngāti Manuhiri raises significant constitutional and Treaty issues concerning Parliament’s ability to retrospectively alter property rights, interfere with pending litigation, and redefine Māori customary interests after applicants have relied on legislated assurances.

“The changes amount to retrospective interference with ongoing court proceedings, and breach our expectation that our application would be determined under the law as it stood when we applied.” Mook says.

“Our claim seeks declarations that the 2025 law changes are inconsistent with natural justice and the Bill of Rights Act, and are discriminatory against Ngāti Manuhiri.”

Treaty obligations and natural justice

“Our settlement with the Crown included a formal apology and commitment to rebuild their relationship with Ngāti Manuhiri, based on the principles of Te Tiriti o Waitangi. The Marine and Coastal Area Act amendments cut across that promise and apology.”