The Society is focused on the impact on the Langs Beach Area of the Marine and Common Area (Takutai Moana) Act 2011 – the “MACA” Act.
Under this legislation, Māori iwi, hapū and whānau can apply for certain rights over the “foreshore and seabed”, and other groups can participate in the processes in which those applications are assessed and adjudicated on.
The MACA Act allows iwi, hapū and whānau to seek recognition of customary interests within the “common marine and coastal area” (“CMCA”).
The CMCA is the area of the foreshore and seabed from the “mean-high water springs” (essentially the high tide mark) out to 12 nautical miles.
The MACA Act does not affect existing proprietary interests, and public rights of access to and navigation within the CMCA.
There are two types of customary interests that can be recognised under the MACA Act:
(a) Customary marine title (“CMT”) is an interest in a specific area of the CMCA where a group:
(b) Protected customary rights (“PCR”) are rights or activities which the group has exercised in the CMCA since 1840, and continues to exercise, in accordance with tikanga. PCR applications typically list activities such as fishing, collecting shellfish, launching waka, hunting, collecting sand and shells, planting and harvesting for customary purposes. Commercial fishing and aqua culture activities cannot be recognized as PCR.
There are a number of ways in which a grant or CMT or PCR could affect members of the Langs Beach Community, including:
(a) If the community wish to conduct an activity or establish something on the beach (with or without the assistance of the Council) which required resource consent– for example flora or fauna protection or patrolling vehicle safety – approval would also be required from any relevant CMT group (and possibly PCR group as well depending on its effect on the exercise of the PCR).
(b) Those with coastal properties who wish to establish a structure or activity requiring resource consent – for example constructing a safe access to the beach – would also require approval from any relevant CMT group (and possibly PCR group as well depending on its effect on the exercise of the PCR).
(c) Restrictions or prohibitions in relation to specific areas (referred to as wāhi tapu protection rights) around the Langs Beach area are possible under the MACA Act.
These rights maybe also be available under other statutes.
To make matters more complicated, there is a high degree of uncertainty in relation to most MACA applications:
(a) Some applications omit important information, such as the specific rights or areas that are the subject of the application.
(b) It is likely that customary rights will be more difficult to prove in populated areas – areas that are more isolated where applicant ownership of land is contiguous to customary interests have assisted in successful applications.
(c) The MACA Act applies to iwi, hapū and whānau, so it is entirely possible that there could be legitimate overlapping customary interests granted in relation to a particular location.
(d) In addition, there are a number of overlapping applications (which are not necessarily from related iwi, hapū and whānau). If overlapping interests are considered, it is unclear how “exclusively used” will be defined and how they will be exercised.
(e) A further complication that exists with applications in relation to the Langs Beach area, is that a history of freehold land ownership, with riparian rights, exists from the mid 1800’s. From this time, a community gradually built up around this land ownership, that exists today as the Langs Beach area.
The Langs Beach Society has identified 46 distinct applications from 32 groups seeking CMT and/or PCR in the Langs Beach area.
14 groups have applied for both Crown Engagement and High Court hearings processes.
Nationally, almost 600 applications have been lodged.
Initial indications were that the processing of the many overlapping applications affecting Langs Beach would take years, potentially decades to be addressed, with an expectation that the first to be resolved would be that of Te Uri o Hau, which had received priority status for Crown engagement given their application was first submitted in 2009 under the Foreshore & Seabed Act.
However, another applicant, Te Rūnanga o Ngāti Whātua, has advanced its High Court applications for areas to the north of their rohe and have secured an accelerated timetable for hearings related to the Langs Beach area. The High Court has now scheduled two hearings in 2024 that will cover two areas: firstly the Whangarei Harbour, to be followed by a hearing for the Whangarei Coast south of the harbour, between Marsden Point and Bream Bay.
The Society's expectation is that the second hearing will determine which applicants (if any) are to be awarded customary rights (exclusively or jointly) over the coastline in which Langs Beach sits. However it is always possible that any award could be appealed, extending the process for resolution.
The Society is watching with interest to see how potential for different outcomes from the Crown Engagement and High Court processes is to be managed. Information as to how the Crown intends to manage the "dual-pathway" processes is currently being formulated by Te Arawhiti - the Office for Māori Crown Relations.
LBSoc was established in August 2019 for the purposes of engaging with the Langs Beach community on the applications affecting the Langs Beach area and to register an interest in these applications under the MACA Act. LBSoc is one of few organisations in communities in New Zealand registering an interest in these applications; its early establishment precipitated by the prioritised hearing of the Te Uri o Hau application. In future, more of these community organisations may be established. Since August 2019, LBSoc has registered its interest in all 29 applications which seek customary rights in the Langs Beach area. LBSoc has registered its interest in these applications for the following reasons:
(a) Staying informed on the applications for customary rights sought in the Langs Beach area.
(b) Having a seat at the table when/if there are discussions as to the future use and management of the Langs Beach area.
(c) Providing evidence to the Crown and/or High Court on the historic development, use and enjoyment of the Langs Beach area by the community since 1840.
(d) Engaging with iwi, hapū and whānau on applications affecting the Langs Beach area in due course.
By registering its interest in these applications, LBSoc has the opportunity to provide evidence through either a public enquiry process in the case of Crown engagement or at a court hearing in the case of High Court proceedings.
The MACA Act processes are not traditional adversarial legal processes. The Crown is not a party to any application, although the Attorney-General has sought and been granted a right to be heard. That does not mean that the Crown will participate, merely that it can. LBSoc does not “oppose” the applications per se but wishes to preserve the current recreational and leisure use of the Langs Beach area subject to the applications.
Although the Crown will undoubtedly be presenting historic information, we should not rely wholly on its records and anticipate that it will not be obtaining direct evidence from those with long-standing ties to the Langs Beach area. Given the historic connection of many in the community to the Langs Beach area, LBSoc considers it prudent to ensure that their story is told.
Whilst there has been some government funding of the applications, there is no government funding of interested parties. The establishment of LBSoc, the research of the applications, the registration as an interested party in the Crown engagement and High Court processes, the monitoring of the legal passage of the applications, researching the ownership of property titles in the community, researching the evidence of community life and building awareness in the community, are costs which are not inconsiderable. LBSoc survives financially through donations from the community; it does not charge subscriptions to its members. We have indicated that donations of $500 per household would be gratefully received and we continue to suggest that this is the case.
We encourage and value membership of LBSoc from the community. A strong, representative membership from the Langs Beach area will support the gathering of evidence and provide a more credible engagement with all parties. Furthermore, an inclusive and supportive membership will share the workload and financial obligations more broadly across the community. Unless LBSoc has solid support amongst the community, its work will come to an end.
Those of you in the community who have a particularly special or historic knowledge of the development, use or enjoyment of the Langs Beach area are invited to contribute to our evidence.
We encourage you to make contact with LBSoc at info@lbsoc.com for more information or to enquire about membership.
There are 46 applications from 32 groups that directly apply to the Langs Beach area, click below to download a summary of these applications.
DOWNLOAD THE applications SUMMARY SPREADSHEET