Fisheries commission hails landmark Maori seabed decision

5.00pm

A Court of Appeal decision today opens the way for Maori claims on the Marlborough Sounds foreshore and seabed.

Last July, South Island iwi appealed a High Court decision that said New Zealand law didn't allow them to take claims on the foreshore and seabed to the Maori Land Court.

Iwi including Ngati Apa, Ngati Kuia, Ngati Rarua, Ngati Tama, Ngati Toa, Rangitane, Ngati Koata and Te Atiawa had claimed customary ownership of the seabed and foreshore.

Today, the Court of Appeal said iwi could advance their case to the Maori Land Court.

Chief Justice Dame Sian Elias, who headed a five-judge bench for the case, said in the decision that iwi should be allowed to advance their claim.

"I agree that the legislation relied on in the High Court does not extinguish any Maori customary property in the seabed or foreshore."

The Crown, Marine Farming Association, Port Marlborough and Marlborough District Council all opposed allowing the claim to proceed.

Crown lawyers argued the seabed and foreshore could not be considered customary land because it was inconsistent with previous legislation.

The Waitangi Fisheries Commission said today the decision was a "landmark" event.

"This decision reinforces our views that the legal rights of iwi to the foreshore and seabed have never been extinguished," commission chief executive Robin Hapi said in a statement.

"The task for iwi now is to consider whether they continue to have rights to the seabed in their area and if so they will need to make a claim to the Maori Land Court."

Mr Hapi said the decision could have a wide impact on government legislation concerning coastal environments.

"The Crown needs to consider all of its treaty obligations when making policy for law affecting the foreshore and seabed and this includes marine reserves and aquaculture management.

"People should be very clear that ordinary New Zealanders will be largely unaffected. This doesn't represent a challenge to New Zealanders' existing relationship with the coastal environment."

- NZPA