Summarised by Centrist
Parliament’s Justice Select Committee is hearing mixed reactions on proposed changes to the Marine and Coastal Area Act, which would make it harder for iwi to secure customary marine title.
Don Brash from Hobson’s Pledge argued the courts have “made a mockery” of Parliament’s intent by introducing “shared exclusivity.” This concept allows for multiple groups to simultaneously claim exclusivity in the same region and accommodate overlapping claims.
Brash told MPs, “We strongly support this bill as it intends to clarify Parliament’s definition of exclusivity.”
Justice Minister Paul Goldsmith says the amendment restores the original 2011 law’s criteria, as the Court of Appeal had relaxed the standard in recent rulings.
While Hobson’s Pledge backs the amendment, iwi and Māori activists, including Te Pāti Māori MP Tākuta Ferris, challenge it as erasing Māori rights to customary coasts. Ferris stated, “Māori have long shared their coasts with neighbouring iwi and settlers without losing mana.”
Lawyer Annette Sykes condemned the move as “constitutional violence,” arguing that overturning a judicial decision “blurs lines in the separation of powers.” On the other side, Dr Muriel Newman supported the amendment, suggesting judges’ interpretation of “shared exclusivity” bypassed the law’s intent. The Law Society pushed for broader consultation, calling for “an enduring solution, not a rushed fix.”
