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Legal Expert: Bay of Plenty Coastal Ruling Appeal Needed

The beach near Raglan, NZ.

Hobson’s Pledge Trust


An appeal is needed to restore certainty to the common law and confine the notion of tikanga to the historical relationships and understandings of those seeking ownership of the coastal area of New Zealand, legal expert Anthony Willy wrote this week.

The High Court last week granted a Bay of Plenty iwi customary title to several marine areas, despite having their claimed exclusive occupation of the area interrupted by having land confiscated. The ruling involves several hapu, in an area between Whakatane and Opotiki.

Willy said that at the heart of the judge’s reasoning is the notion that “tikanga”, a partly spiritual partly cultural concept consisting of behaviour by which it is now said that Maori society used to order its affairs (we can’t be sure because it is all word of mouth), can somehow translate to rules of law relevant to the multi-ethnic, sophisticated, and complex society which New Zealand now is. See Notes on the judgement

Our petition which asks Parliament to amend the Marine and Coastal Area (Takutai Moana) Act 2011 to restore public ownership of the coastal area, put all claims through the High Court, and repeal customary marine title, while affirming customary rights has picked up 30,619 signatures.

We need your support. The petition may be signed at Restore public ownership

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