No need for rushed MACA law change – former Attorney-General
Chris Finlayson KC says today’s Supreme Court ruling on the Marine and Coastal Area Act means there’s no need for the Government to be hurrying through law changes.
What's at stake: The Supreme Court ruled the Court of Appeal erred in easing the test for Māori to gain customary marine title (CMT), reinstating a stricter interpretation under section 58 of MACA. The Supreme Court's ruling indicates that a second judgment will follow, addressing specific claims from the individual appellants.
Background: The Court emphasised that MACA protects public fishing and access rights while enabling Māori to secure CMT where exclusive use and occupation under tikanga are proven. The decision addresses concerns behind the government’s proposed law changes, due to be slated next week, questioning whether further amendments to MACA are necessary.
Key players: Attorney-General, former Attorney-General Chris Finlayson, hapū and iwi from Te Whakatōhea, barrister Natalie Coates, Supreme Court, Court of Appeal.
A Supreme Court ruling out today has clarified the test for Customary Marine Title under the Marine and Coastal Area (Takutai Moana) Act balancing Māori customary rights with public interests, and makes the coalition Government’s proposed legislative changes “overkill” according to former
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What's at stake: The Supreme Court ruled the Court of Appeal erred in easing the test for Māori to gain customary marine title (CMT), reinstating a stricter interpretation under section 58 of MACA. The Supreme Court's ruling indicates that a second judgment will follow, addressing specific claims from the individual appellants.
Background: The Court emphasised that MACA protects public fishing and access rights while enabling Māori to secure CMT where exclusive use and occupation under tikanga are proven. The decision addresses concerns behind the government’s proposed law changes, due to be slated next week, questioning whether further amendments to MACA are necessary.
Key players: Attorney-General, former Attorney-General Chris Finlayson, hapū and iwi from Te Whakatōhea, barrister Natalie Coates, Supreme Court, Court of Appeal.
