Hon Paul Goldsmith
Minister for Treaty of Waitangi Negotiations

Legislation that will provide certainty around how Customary Marine Title is granted for New Zealand’s coastlines has passed its first reading in Parliament today, Treaty Negotiations Minister Paul Goldsmith says.

“Customary Marine Title gives the holder valuable rights, including the ability to refuse some resource consents in the area, such as for renewals of some private assets like wharves, or aquaculture expansion.

“However, last year the Court of Appeal in Re Edwards issued a decision that changed the nature of the test and materially reduced the threshold.

“All New Zealanders have an interest in the coastal waters of our country, so Parliament deliberately set a high test in 2011 before Customary Marine Title could be granted.

“Therefore, as part of the National-New Zealand First coalition agreement, the Government is ensuring these tests for applications directly with the Crown or through the Courts are interpreted and applied as originally intended.”

These measures include:

• Inserting a declaratory statement that overturns the reasoning of the Court of Appeal and High Court in Re Edwards, and the reasoning of all High Court decisions since the High Court in Re Edwards, where they relate to the test for CMT.
• Adding text to section 58 to define and clarify the terms ‘exclusive use and occupation’ and ‘substantial interruption’.
• Amending the ‘burden of proof’ section of the Act (section 106) to clarify that applicant groups are required to prove exclusive use and occupation from 1840 to the present day.
• Making clearer the relationship between the framing sections of the Act (the preamble, purpose, and Treaty of Waitangi sections) and section 58 in a way that allows section 58 to operate more in line with its literal wording.

“The restored test will be applied to any applications that were still undecided at the time of my policy announcement on 25 July 2024,” Mr Goldsmith says.

“The Select Committee process will provide an important opportunity for public scrutiny of the Bill.

“The Government intends to pass this legislation before the end of the year.”

© Scoop Media