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)
18.018