Legislation Restoring Customary Marine Title Rules Passes First Reading

“The restored test will apply to any CMT applications that were undecided as of 25 July 2024, when I announced this policy,” Goldsmith said.

Minister Paul Goldsmith introduces a bill to clarify tests for granting Customary Marine Title, overturning recent court decisions and ensuring alignment with original 2011 standards. 

Legislation that will provide clarity on how Customary Marine Title (CMT) is granted for New Zealand’s coastlines passed its first reading in Parliament today, announced Treaty Negotiations Minister Paul Goldsmith. The bill aims to restore the original high threshold for CMT, reversing a 2023 Court of Appeal ruling that lowered the standard for granting these titles.

"Customary Marine Title grants holders significant rights, such as the ability to refuse certain resource consents, including renewals of private assets like wharves or aquaculture expansions," said Goldsmith.

The new legislation comes after the Re Edwards Court of Appeal decision, which lowered the threshold for obtaining CMT by altering the test for exclusive use and occupation. Goldsmith emphasized that Parliament had originally set a high standard in 2011 to ensure that CMT was only granted in truly exceptional circumstances, given the public's shared interest in coastal waters. Key Measures in the Bill:

Restoring the Original Test: The bill inserts a declaratory statement that overturns the Court of Appeal’s reasoning in Re Edwards and the subsequent High Court rulings, reinstating the more rigorous test for CMT applications.

Clarifying Key Terms: It adds precise definitions to terms like “exclusive use and occupation” and “substantial interruption” in section 58 of the law, ensuring the original meaning is upheld.

Strengthening the Burden of Proof: The legislation amends section 106 of the Act to explicitly state that applicants must prove exclusive use and occupation from 1840 to the present day, reaffirming the historical continuity requirement.

Aligning Legal Frameworks: The bill clarifies the relationship between the Act's preamble, purpose, and Treaty of Waitangi sections, ensuring these sections work harmoniously with section 58 and reflect the original intent.

“The restored test will apply to any CMT applications that were undecided as of 25 July 2024, when I announced this policy,” Goldsmith said. He also highlighted that the Select Committee process will provide an opportunity for public input and scrutiny, allowing New Zealanders to weigh in on the legislation.

The Government is committed to passing the bill before the end of the year, fulfilling a key part of the National-New Zealand First coalition agreement. Goldsmith stressed the importance of maintaining a rigorous process for CMT applications, ensuring that coastal areas remain accessible and shared by all New Zealanders while respecting the rights of those with proven historical claims. 4o