New Zealand Supreme Court: Indigenous Customary Rights Over Marine Areas Upheld

The New Zealand Supreme Court unanimously upheld an appeal that revised the legal test under the Marine and Coastal Area (Takutai Moana) Act 2011, effectively lowering barriers for Māori to establish customary rights over foreshore and seabed areas. The Court rejected the Court of Appeals unduly narrow interpretation and emphasized that establishing customary marine title requires a tikanga-based strong cultural connection rather than actual physical occupation of the seascape. This decision strengthens recognition of indigenous sovereignty and traditional land rights in Aotearoa New Zealand. The ruling affirms that MACA purpose is to recognise and reconcile competing interests in marine and coastal areas while honoring the traditional connections of indigenous peoples to their ancestral lands and waters.