Recent Supreme Court Part 2 Judgment of Re Edwards (Te Whakatōhea) MACA Proceedings

On 15 August 2025, the Supreme Court delivered its second decision in the Re Edwards (Te Whakatōhea) appeal proceedings.

The first decision, issued on 2 December 2024, addressed the interpretation of section 58 of the Marine and Coastal Area (Takutai Moana) Act (the Act), which outlines the test for granting customary marine title (CMT)—the central issue in these appeals. The Supreme Court considered broader questions about CMTs and whether the Court of Appeal had correctly interpreted the Act.

This second decision dealt with the remaining matters which were more specific to the parties there. This included navigable rivers, the status of the Edwards application, Te Upokorehe’s claim to exclusive rights, and issues relating to Whakaari and Te Paepae o Aotea.

Summary of Supreme Court Decision

The decision clarified several key issues under the Act. The Court found that previous decisions on CMT around Whakaari and Te Paepae o Aotea did not properly consider the unique context of these offshore islands, and sent the matter back to the High Court for rehearing. It also confirmed that joint CMTs can be held by multiple groups, but multiple, overlapping CMTs are not allowed.

The Court ruled that Māori customary rights to the beds of navigable rivers were not extinguished by historic legislation, meaning these areas can be included in recognition orders. It clarified that applications for CMT must be based on actual rights according to tikanga, not just formal mandates or group names. The decision also confirmed the eligibility of Ngāti Muriwai and Kutarere Marae as applicant groups for negotiations, recognising their distinct identities and connections.

Some matters have been sent back to the High Court for further consideration, and affected groups are awaiting further directions on next steps.

What does this mean practically?

Although this decision focused on applicant-specific issues, a key takeaway for other groups in these takutai moana proceedings is the encouragement to resolve disputes through tikanga-based processes. This approach aims to achieve more durable outcomes and to determine group rights according to tikanga before further hearings take place. As noted by the Supreme Court, “the best means for resolving matters of entitlement as between the applicant groups will be through a tikanga process undertaken over time.”

Given the longstanding relationships and histories among many hapū and iwi, and the existence of multiple overlapping applications, it is important to have mechanisms in place to resolve overlapping issues in accordance with tikanga. Ideally this should happen prior to hearings starting. This can help reduce the number of matters that need to be addressed in court, saving time and resources for all parties involved.

The decision also provides greater certainty regarding the issue of navigable rivers, which is likely relevant for other MACA applicants seeking customary marine title over rivers of significance and/or within their application area.

It is also important to note that the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill is currently before Parliament. If enacted, it may alter or impact the effect of the Supreme Court’s decision.

If you need legal advice or support with your MACA Application, our Kahurangi Tiriti team is ready to help. We offer practical guidance and are committed to assisting you every step of the way.

Cree Ratapu is a Senior Solicitor in our Kahurangi Tiriti Team and can be contacted on 07 808 6069.