National Iwi Chairs Forum backs court case challenging amendments to Marine and Coastal Areas Act

The National Iwi Chairs Forum is backing a court case by Ngāti Manuhiri looking to challenge amendments to the Marine and Coastal Areas Act (MACA).

Hauraki iwi Ngāti Manuhiri are set to take the government to the High Court over changes made to the act last year, which made it harder for Māori to win customary marine title.

Justice minister Paul Goldsmith has repeatedly said the changes restore the act to Parliament's "original intent".

The changes have been bashed by former ministers, treaty lawyers, iwi and hapū leaders and even prompted an almost 20,000-strong petition opposing the amendments.

Now, Ngāti Manuhiri want to challenge those changes in the High Court, alleging that the changes limit their ability to exercise of their culture, deny their access to justice, and discriminate against Māori.

In a statement, Ngāti Manuhiri chair Mook Hohneck said the revised test measures customary ownership through Western concept of exclusion rather than tikanga Māori.

"What we're seeing is not an attempt to uphold the original intent of the law, it is an attempt to fundamentally change the rules with which we've engaged in good faith because the Crown isn't getting its way," Hohneck said.

"The Crown is stacking the deck in its favour, and is setting a precedent that future governments can constantly move the goal post whenever they see fit."

The legislation is retrospective, meaning some applicants would need to start the process from scratch.

Hohneck claimed those changes amounted to retrospective interference with ongoing court proceedings, and breached their expectation that their application would be determined under the law as it stood when they applied.

"Our claim seeks declarations that the 2025 law changes are inconsistent with natural justice and the Bill of Rights Act, and are discriminatory against Ngāti Manuhiri."

"Our settlement with the Crown included a formal apology and commitment to rebuild their relationship with Ngāti Manuhiri, based on the principles of Te Tiriti o Waitangi. The Marine and Coastal Area Act amendments cut across that promise and apology," Hohneck said.

Speaking from Waitangi, Iwi Chairs Forum kaikōrero Rāhui Papa said his rōpu fully supported the challenge.

He told media the current legislation "unpicked" settlement processes and agreements.

"In the case of Ngati Manuhiri, they feel that they had quite a strong and enduring settlement because it was hard negotiated."

"We absolutely support [it]. If an iwi feels that their settlement, their hard negotiated settlement, is being unpicked some years after the agreement, that just shows the institutional forgetfulness and amnesia of the government to what they actually agreed to." he said.

There was a similar sentiment from Northland Regional Council chair and Ngāti Hine chair Pita Tipene, who told RNZ support for the challenge from Ngāti Manuhiri was unanimous.

"In terms of Ngati Hine, we will support any measure, any action that protects and enhances our collective rangatiratanga."

"Whether it is in court, whether it is out in the community, that's our focus," Tipene said.

Changes to the Marine and Coastal Area (Takutai Moana) Act were made in October last year.