04 December 2017

Maori: re Tipene

Maori customary marine title can be held ex officio and does not need be registered to a named individual the High Court ruled when appointing those who are Supervisors for the time being of the Titi (Muttonbird) Islands Regulations as holders of a Stewart Island customary right.
Customary marine title is a Maori communal right, not a private property right.  Rakiura Maori have recognised customary rights to take muttonbird from Pohowaitai and Tamaitemioka islands off Stewart Island.  These rights extend out to sea in a 200 metre radius from the only landing point on the islands.  The Marine and Coastal Area Act requires registration of  ‘a name’ identifying who holds any customary title.  Government lawyers said this requires a named individual.  Justice Mallon disagreed.  A single person need not be named.  It could be individuals, changing from time to time, who have been voted into office, she ruled.
The 1978 Titi Regulations lay down rules for the management and control of muttonbirding on the islands.  They set out procedures for supervisors’ election by Rakiura Maori.  Supervisors decide a fair and equitable distribution of birds harvested.  Current supervisors are willing to hold the customary marine title, she said.  Any enquiries about the Titi Islands customary right can be directed to the Titi Committee’s contact address.
Re Tipene – High Court (4.11.17)

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