Kia ora koutou e te Whanau,
Our old people always questioned “What happened to our ‘Blue Water Title’ and how do we get it back?” This is our opportunity Whanau.
The Marine and Coastal (Takutai Moana) Area (MACA) Act 2011 hearings for East Coast Wairarapa Stage 1B Hearing have now been heard in the Wellington High Court, from Monday 19th February 2024 and closing submissions commenced on the 3rd May 2024.We also held a successful site tour of the coast adjoining Owāhanga Station with Judge Gwyn, accompanying Legal Counsel for the other Applicants, our Legal Counsel, and Whanau. There is still a lot more mahi to do. Wāhi tapu evidence is yet to be heard. Dates are yet to be confirmed.
An application was filed by the Pāpāuma Marae Trustees on behalf of the original owners of Mataikona 1, 2 and 3 Blocks and their descendants for recognition orders regarding; the Customary Marine Title (CMT) and Protected Customary Rights (PCR) pursuant to the Marine and Coastal Area (Takutai Moana) Act 2011.
Pāpāuma Marae Trustees are established under the Proprietors of Owāhanga Station T/A Aohanga Incorporation. The Committee of Management in their dual role are also the Marae Trustees of Pāpāuma Marae, including Pāpāuma Tipuna Whare and Te Aroha o Aohanga.
The area to which this application relates to is the common marine and coastal area contiguous, adjoining and abutting the Mataikona 1, 2 and 3 Blocks, which extends from the landward boundary of the mean high-water spring and the seaward boundary being the outer limits of the territorial sea (12 nautical miles from shore).
We believe, we are the only entity who should be granted Customary Marine Title (CMT), over and above everyone else, on behalf of the original owners of Mataikona 1, 2 and 3 Blocks and their descendants.
The MACA Site visit to Aohanga, the Pāpāuma Marae Trustees MACA application area, was well attended on Tuesday 19th March 2024 by Judge Gwyn, Dr Robert Joseph, the other Applicants and their respective Counsel.
With a Powhiri at Pāpāuma Tipuna Whare, the tour began at the Urupa across the road, then to the Aohanga River mouth, back towards the Station, down the track passing the Back Whare to Mataikona River, then to the Urupa and back to the Marae via the beach. The forecast was fine but overcast. It was an enjoyable day, which ended with a hakari back at Ki Uta ki Tai.
I would like to thank the Trustees who attended, our Staff, Paul, Luke and Marama who drove our manuhiri, our Carroll and Peeti Whanau for catering, and our extended Whanau and manuhiri who joined us on the tour of our coastline.
As of August 2024, the Crown proposed significant changes to MACA. These changes impact our application significantly, as the proposed changes may require that it be re-heard, and the legal tests will become harder to satisfy. The Crown invited applicant groups to provide feedback on the proposed changes by Thursday 15 August 2024.
The coalition government is proposing legislation that would amend the Marine and Coastal Area (Takutai Moana) Act to overturn a Court of Appeal decision on the law’s implementation. The bill seeks to define the applicable requirements for recognition of customary marine title, namely requirements for, and for proof of, exclusive use and occupation of a specified area.
Our Kāhui Legal team of Stephanie Northey & Tawheta Hautapu continue to represent our interests in this ongoing saga.
Acknowledgements
On behalf of the Pāpāuma Marae Trustees we would like to thank Stephanie Northey & Tawheta Hautapu, our Legal Counsel from Kāhui Legal for your amazing mahi on behalf of the original owners of Mataikona 1, 2 and 3 Blocks and their descendants.
Tēnā rawa atu Stephanie me Tawheta,
‘He rei ngā niho, he parāoa te kauwae’
Koia āku whakaaro e rua, e rua anake, e māharahara ana e au te nuinga o te mahi o Kahui mō mātau, me te taenga mai o koe Stephanie (nē hā Tawheta!) aue ki a au nei, whēuaua ana tērā.
He mihi kau ana ki a koe e Tawheta e ki ana te korero no mātau o Paroro o te rangi, ‘Whaia te Tika’ Ko koe anō te pai, ki te whaniko korero no mātau.
Na reira ‘Toitu te marae a Tane, Toitu te marae a Tangaroa, Toitu te iwi’ Koirā te tikanga.
Hai te wā o te Kooti!
Tūrou Hawaiiki!
Our Whanau who gave evidence:
- Demetrius Potangaroa (Claimant)
- Meri Tipene – Walker
- Wright Broughton
- Cheryl – Anne Kurei
- Bruce Stirling (Historian)
- Robin Potangaroa
and our Whanau who supported us via online and in attendance at the hearings.
Ngā mihi aroha ki a koutou katoa. We will keep you updated as we move forward with this kaupapa.
Nāku noa, nā
Pāpāuma Marae Trustees
Whāia te iti kahurangi, ki te tūohu koe, me he maunga teitei.
