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 Society initially identified and registered as an interested party in relation to applications submitted by 30 applicant groups, 15 of whom have submitted for both the Crown Engagement and High Court hearings processes, effectively bringing the total number of distinct applications to 45 that are directly or indirectly related to the Langs Beach area.
The Crown and the Courts are keen to address overlaps in application areas by encouraging applicants to independently negotiate with each other to resolve their overlapping interests.
It is the Society's understanding that a single process will then deal with each specific area, including any residual overlaps. The Crown is also proposing changes that will address the potential conflict from applications for the same area being subject to both High Court and Crown Engagement processes.
High Court Hearings 2024
Two High Court hearings for the Whangarei area are scheduled for 2024.
1) Stage 1A - Whangarei Harbour
This hearing took place between February and May, and the decision is pending.
2) Stage 1B - Whangarei Coast (Bream Bay)
This hearing is taking place between August-October, and involves 15 applicants, all of whom were also party to the first hearings
The Society decided to participate only in the second (Stage 1B) hearing, although much of the evidence from Stage 1A is taken into account in this second hearing.
The second hearing covers the coastline from Marsden Point to Bream Tail, and the sea out to and including the off-shore islands (Hen & Chickens and Sail Rock). This hearing will establish which applicants (if any) qualify for the award of customary rights, exclusively or jointly, to the area including Langs Beach, subject to any subsequent appeals.
The hearings take into account the case history around MACA, with a focus on the two "landmark" hearings:
- Re Edwards (Te Whakatohea) No.2
- Court of Appeal's review of Re Edwards No. 2
These, and any other significant decisions from previous hearings are highlighted on our MACA Decisions page, with a link to the published decision document to provide further information.
Te Uri o Hau originally submitted their application in 2009 under the Foreshore and Seabed Act. Their application has been assigned priority for review and is currently in progress, initially focused on their west coast area.
Te Uri o Hau are significant in that they have settled their Treaty Claim in 2002, through which they have both a recognition of their area of interest (which includes part of Langs Beach) and originally held specific rights over the foreshore and seabed on the east coast through their Treaty settlement.
Te Uri o Hau's application is to be processed in two parts: initially for the west coast, and subsequently the east coast. Any precedents from the determination of the west coast application could potentially influence the outcome of their subsequent east coast application.
Te Uri o Hau were advanced in their Crown Engagement process and the Society is interested in seeing how that will be impacted by their need to participate in the accelerated High Court Hearings for the east coast areas.
Te Uri o Hau has recently advised the court that it intends to participate in the Stage 1b hearing but that they are only seeking Protected Customary Rights (PCR) over the part of their area of interest that overlaps with the area covered by the hearing. That overlap includes the coastline from Bream Tail to the middle of Langs Beach.
Patuharakeke, based at Takahiwai (near One Tree Point) are arguably the most local Māori community in the contemporary sense, and exhibit strong connections to the Bream Bay area and coast through to Waipu Cove. Their self-declared rohe covers the southern half of the Whangarei Harbour, Ruakaka and Waipu, through to Bream Tail.
They also have a gazetted rohe moana that covers management of custoary fishing in the marine area off the coast, and have formalised Mana Whakahono ā Rohe agreements with both the Northland Regional and Whangarei District Councils.
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The Society's committee met with the Patuharakeke Trust Board in June 2022 and it would seem their primary focus is on the area immediately abutting their marae at Takahiwai. Their board advised at the time that they only sought Protected Customary Rights for the coastal area from Marsden Point to Bream Tail.
In the current Whangarei hearings, Patuharakeke have applied to the court for leave to have their applications consolidated and elevated to be for Customary Marine Title. It is assumed this will apply to the coastline incluing Langs Beach.
Ngātiwai's rohe covers the east coast from Cape Brett to Tāwharanui peninsula and the offshore islands in between. In this Whangarei coast hearing, it appears their primary interest in with the offshore islands (Hen and Chickens), although they are seeking a Customary Marine Title over the entire Bream Bay.
Their application was one of the original two in which local community groups initially engaged through registration of a Notice of Appearance for the High Court hearing related to this application. The Society is now continuing to advance that original initiative.
Te Parawhau are primarily based in the northern Kaipara but have long historical associations with a wider area stretching across to the Whangarei harbour and the coast, which arose from their alliance with NgaPuhi during the inter-tribal conflicts in the first half of the 19th century. They are seeking Customary Marine Title to the entire Bream Bay.
Te Parawhau were recently included in the Mana Whakahono ā Rohe agreements with the WDC and NRC.
Te Parawhau are supported in their applications in the Whangarei area by Te Runanga o Ngati Whatua, who are also one of the applicants in this hearing.