Summarised by Centrist
The government is pushing ahead with changes to the Marine and Coastal Areas Act (MACA) that will make it harder for iwi and hapū to gain customary marine title (CMT). The moves comes despite repeated advice that the retrospective reach of the law could cost taxpayers up to $20 million.
Since July 2024, courts have granted Māori customary rights over 280 kilometres of coastline. Ministers decided those rulings and others since must be reheard, even after officials warned of fiscal and relationship risks. Some suggested a later cut-off date to avoid rehearings, but Cabinet held firm on July 2024.
Officials offered Goldsmith three options earlier this year: abandon the bill, align with the Supreme Court’s stricter test, or proceed further. He chose the last option, effectively overruling the court. Briefings warned this would disrupt the “delicate balance” between Māori and wider public rights, but Cabinet decided to carry on.
Costs remain disputed. Officials estimated rehearings could total $20m, later revised down to about $14m. The Government has pledged up to $15m to support applicants forced back to court. Critics say the move risks souring Crown–Māori relations, while supporters argue it restores clarity to a fraught law.
Editor’s note: Some commentators say focusing on the $20m figure is misleading. In fiscal terms it is small compared with the open-ended cost of legal uncertainty and taxpayer-funded legal aid for more than 200 active claims. From this perspective, the greater risk lies not in rehearings but in leaving a looser test in place.
