Crown calls for feedback on customary marine title application

Feedback is being called for on Ngāti Koata’s application to gain customary marine title surrounding Rangitoto-ki-te-Tonga (D’Urville Island).

Te Arawhiti, the office for Māori Crown relations, has invited the public – “including from the local community and those who use the coastal and marine areas” to make submissions on the application, which covers the area surrounding the island out to 12 nautical miles, including the surrounding gazetted islets and rocks.

Barrister Andrew Irwin, who acts for the Ngāti Koata trust, said in 2013 Ngāti Koata applied to engage with the Crown concerning its claim to customary marine title around Rangitoto-ki-te-Tonga.

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Irwin said this was before the statutory deadline in 2017 for all applicant groups to apply for customary marine title.

Numerous applications were made before the deadline, he said.

“The engagement between Ngāti Koata and the Crown has progressed to a public consultation stage, with the Crown seeking feedback from the public on their use of the proposed customary marine title area.

“For Ngāti Koata, the application is about recognition of their customary association with, and interests in, the area subject to their application. As far as Ngāti Koata are concerned and understand matters, if their application for customary marine title is successful, the general public will continue to be able to access the area as they do now.”

In a statement, the trust said there was an opportunity to make any comment about Ngāti Koata’s application by February 17.

The statement said public access, recreational use, fishing, and navigation were unaffected by customary marine title – “except if a lawful restriction applies, including any necessary to protect wāhi tapu (restricted space) and wāhi tapu areas”.

“If the responsible Minister recognises customary marine title, that recognition is given effect through an Act of Parliament.”

The call for public submissions was advertised in January.

A Ministry of Justice spokesperson said the Crown had received 387 applications for recognition, the High Court received 209, and 175 of these applications were made to both the Crown and the High Court.

Customary Marine Title is an interest in land, but the land cannot be sold, and free public access is allowed to continue.

Holders of a Customary Marine Title will have the right to say yes or no to activities that need resource consents or permits in the area.

Lynley and Barry Bird, who run Seabird Charters, said they had only found out about the application on Tuesday.

D’Urville Island was their “main area” she said, and they had been going out to the island “pretty much everyday” for 25 years.

“It’s such a great fishery,” she said.

Out there they caught “everything”, including snapper, kingfish, blue cod, terakihi, sharks, and gurnard.

Lynley said she was unsure as to how the customary title would affect her and her husband.

“We don’t know any details or anything … I guess we’re going to have to do a bit more research,” she said.