Government Pushes Forward with Marine and Coastal Legislation Despite Supreme Court Ruling

In a move that has sparked significant debate, the New Zealand Government has announced its intention to proceed with the passage of the Marine and Coastal Area (Maca) bill by the end of October 2025, despite a recent Supreme Court ruling that questioned the necessity of the legislation. This decision comes in the wake of a series of court decisions that have reshaped the criteria for Māori customary rights over coastal and marine areas.

The legislation, which was introduced in July 2024, aims to overturn a 2023 Court of Appeal decision that was seen as favoring Māori iwi and hapū by lowering the bar for customary marine title. The Government argues that this decision gave too much power to Māori groups over large portions of the country's coastal areas. The move is part of the National-New Zealand First coalition agreement and has been a point of contention among various stakeholders.

Justice Minister Paul Goldsmith stated that the bill is intended to ensure that the Maca tests for customary marine title are interpreted and applied as originally intended. He emphasized that the legislation will apply to all court decisions made since the Government announced its policy on 25 July 2024 and to all undetermined applications in either the Court or Crown engagement pathways.

However, the Supreme Court recently ruled that the Court of Appeal had made an error in its decision to ease the test for Māori to gain customary rights. This ruling has raised questions about whether the Government would continue with its legislative plans. Goldsmith, however, maintains that the Supreme Court's decision did not go far enough and that the Government will proceed with the bill.

Goldsmith explained that Customary Marine Title grants holders valuable rights, including the ability to refuse resource consents in the area, such as renewals for private assets like wharves or aquaculture expansion. He noted that all New Zealanders have an interest in the coastal waters, and the 2011 legislation deliberately set a high test before granting such titles.

The announcement has been met with strong opposition from some Māori groups, including Ngāi Tahu, which has criticized the Government for taking New Zealand “back to the dark ages.” They argue that the legislation undermines the relationship between Māori and the Government, which has been built over generations.

As the debate continues, the Government remains steadfast in its commitment to pass the legislation by the end of October 2025, signaling a significant shift in the ongoing discussion around Māori customary rights and the management of New Zealand's marine and coastal areas.