Jump to content

Customary Marine Title of the Mercs and more

Deep Purple

Recommended Posts

In my email inbox


Notes on two Ngati Porou ki Hauraki Marine and Coastal Area (MACA) Act Applications that close on Mon 2 September:

It concerns two areas on the east of the Coromandel Peninsula, being applied for for Customary Marine Title (CMT), under the MACA Act.

The first is along the coast from Kennedy Bay (Anarake Point) to the middle of Waikawau Bay, and stretching out to Cuvier Island, and east to Red Mercury Island. It is north of Whangapaoa Harbor and Whitianga

the second - 5 km of coast from the south end of Whiritoa (Otonga Point) south, to 3 km south of Mataora Bay, and 3.5 km offshore.(about 6 km north of Waihi Beach)

Submissions close next Monday, 2nd September, at 5 pm, with the Office of Treaty Settlements, maca@justice.govt.nz

Further information:


where you can get maps, a submission form and more info.

Please pass this info on to anyone who uses these beaches eg for swimming, surfing, picnicking, recreational of commercial fishing, underwater diving etc. Ask them to make a submission, and to email me hugh@infosmart.co.nz to discuss their use of these areas.


Customary marine title can involve wahi tapu, forbidden areas ,being declared, where the public face fines up to $5,000 for trespassing in these areas of foreshore or seabed.

If we don't respond we may lose access to these beaches and seabeds.

Best regards Hugh Barr, Co-Chair, Coastal Coalition

hugh@infosmart.co.nz Tel +64 4 934 2244 Mob: 027 686 0063

Ngati Porou ki Hauraki Mataora Bay Coreomandel.jpg

Ngati Porou ki Hauraki Kennedy Bay map.jpg

Link to post
Share on other sites

Don't panic - from the fact sheet on the Justice Website:


Marine and Coastal Area (Takutai Moana) Act 2011

The Act came into force in April 2011. It acknowledges

the importance of the marine and coastal area to all

New Zealanders and the customary interests of whānau,

hapū and iwi in that area.

The common marine and coastal area is the ‘wet’ part of the

beach that is covered by the ebb and flow of the tide, from

the line of mean high water springs to the outer limits of the

territorial sea (12 nautical miles from shore), or a defined

area within this zone. It does not include the dry parts of the

beach, existing private titles or certain conservation areas.

The Act allows the public to go about their normal business

and guarantees free public access, rights of navigation

and rights of fishing . It also creates a special status for the

common marine and coastal area – neither the Crown nor

any other person can own the area.


Customary Marine Title

Whānau, hapū and iwi can seek to prove longstanding

customary interests in defined areas to be recognised and

protected under the Act. Groups need to meet a legal

test before customary marine title can be recognised.

The legal test is set out in section 58 of the Act and

requires that a group:

• holds a defined area in accordance with tikanga

(Māori custom), and

• has exclusively used and occupied the area from 1840

until the present day without substantial interruption, or

• received it, at any time after 1840, through a

customary transfer.

Customary marine title areas will still have free public

access. The sole exception is specified wāhi tapu sites that

require access restrictions for their protection, eg small and

discrete sites of particular significance for their connection

to ancestors and events associated with them, such as

burial grounds.

Link to post
Share on other sites

As HnF has explained very well above, customary title and freehold title are two entirely different things.


As many will be aware, in the case of Great Mercury Island the freehold title has been in the hands of Fay and Richwhite (or more correctly one of their companies) for a number of years. Coincidentally Michael Fay was in the news just yesterday announcing the intention to remove all stock from the island, eradicate pests and turn it into a wildlife sanctuary in co-operation with DoC.


http://www.stuff.co.nz/waikato-times/ne ... life-haven


There are a couple of mention continued public access which should further reassure anyone in relation to the original topic; and also a suggestion that there will be increased focus on the risk of rodents coming ashore off boats:

"But the greatest challenge will be getting everyone to play their part in making sure the island remains pest free," Sir Michael said.

"Ahuahu Great Mercury has been freely accessible by boat for the public since we took over ownership in the late 1970s and it will be a significant future risk that rats, for instance, could reinvade from privately owned boats."


So it could become another Tiritiri Matangi which in my view would be great. :thumbup:


As a personal observation this perhaps illustrates that there are a few complexities to be understood and considered before reaching a viewpoint on the original subject.

Link to post
Share on other sites
Don't panic

Ever tried to land on mayor island :thumbdown:

On the face of it, it doesn't seem to be unachievable or unreasonable, and in a lot of ways seems comparable to the approach taken by the private owners of Great Mercury Island? (below from the DoC website):


http://www.doc.govt.nz/parks-and-recrea ... s-to-stay/


Tūhua (Mayor Island)

Tūhua is the ancestral home of Te Whānau A Tauwhao ki Tūhua. It is privately owned and is administered by the Tūhua Trust Board on behalf of its beneficiaries.

Kaitiakitanga or guardianship is a concept that is deeply embedded in Māori lore. The Trust takes this responsibility seriously and is actively involved in maintaining the island’s natural character as much as possible.

Manaakitanga or hospitality is another important concept that easily aligns with guardianship. The Trust welcomes visitors to share the unique experiences associated with the island. Its pristine waters and rugged natural environment are available for everyone to share and enjoy.


Places to stay

It is possible to stay at Tūhua during summer between Labour Weekend and Easter. Accommodation must be booked in advance.

Landing on the island itself is by permission of the Tūhua Trust Board, and is permissible only when a caretaker is present, over the summer months. All visitors must follow the quarantine protocols.

Several charter companies run trips to the island.



Acommodation bookings are available by contacting:


Tauranga Area Office

Phone: +64 7 578 7677

Email: taurangainfo@doc.govt.nz


Link to post
Share on other sites

Mmm...on the face of it ...doesn't look good...I have a place in the affected area just south of Waikawau Bay and knew nothing about it till now...Kennedy Bay has always been a sensitive area and the local Maoris turfed all the leaseholders off their land when the leases expired ( few years back) ...some of the leaseholders had been there years (few generations) and built batches etc on the land and were so upset they burnt them down rather than hand them over for nothing...

Will watch this with interest...

Link to post
Share on other sites

Building on leasehold land comes with its risks - one example that springs to mind is the Beaumont Quarter apartments in Auckland. Although an obvious difference is that it involved rich-lister property developers and was resolved via the use of QCs and structured deals so no buildings were required to be burned.


http://www.nzherald.co.nz/business/news ... d=10609880

Link to post
Share on other sites

From John Lidgard



It would seem the boating world has been kept in the dark over the claims below. Should we be having a quick meeting and perhaps making a submission. Submissions have to be in by 2:00 p.m. om Monday!



Link to post
Share on other sites

Democracy at work


To: 'AYBA'; 'John S Elliott'

Subject: Coromandel Foreshore and Seabed Claim


Morning folks


Below and attached is a notification of an application for Customary Title of the sea bed and foreshore by Ngati Porou that will affect clubs and club members that cruise the Coromandel and Mercury Islands.


Please ask the clubs to circulate to their members and encourage them to make a submission.

The proposal will affect members rights for fishing, beach access and anchorage in the identified areas.


This needs swift attention please, submissions close on Monday.

YNZ only became aware of it yesterday afternoon as boaties/yachties weren’t included in the ministry’s notifications…. An omission we are addressing for future notifications.


Any questions please contact Andrew Clouston (Participation and Development Manager) at YNZ.

I will be on leave for the next week or so as I have an operation to fix my back…


Kind regards



Hamish Hey (Msc, BSc) | NZCT Regional Support Officer (Northern) | Yachting New Zealand

M 021 433531 | Ph 09 537 8346 | YNZ 09 361 4020 | Fax 09 537 8346| E hamish@yachtingnz.org.nz


Link to post
Share on other sites

Given that Fay Richwhite have owned Great Mercury for some time, and that to claim customary title you have to prove uninterrupted ownership, I'm not sure how Ngati Pouru can claim the seabed around them...

Link to post
Share on other sites


This topic is now archived and is closed to further replies.

  • Create New...