Ruapuke Island whānau at the High Court in April 2025 Photo: Supplied/Ruapuke whānau
Whānau of Ruapuke Island in Te Ara a Kiwa/Foveaux Strait are celebrating a High Court decision recognising the traditional landowners of the island group hold Customary Marine Title to the surrounding waters.
In 2017, applicants representing descendants of the Kīhau, Topi, and Whāitiri whānau on behalf of all Ruapuke Island landowners, lodged applications to the High Court under the Marine and Coastal Area Act.
Rick Fife, of the Topi whānau, is extremely pleased with the decision because it affirms the connection Ruapuke whānau have with the takutai moana.
"It doesn't come as a surprise that a determination was favourable to us because we've always had and held intergenerational connection and occupation of the marine environment."
The whānau have maintained continuos occupation of the island since before 1840 and it's been a place of residence, trade, ceremony and mahinga kai, he said
"This is our tūrangawaewae, this is our place of standing, it's what anchors Ruapuke whānau to sense of identity and belonging, it's a special place for us, not only just for whānau but a lot of local community know the importance of the Ruapuke island group also.
"It's a place where our old people currently are laid to rest, it's an important spiritual, cultural but also practical place for us."
Fife said the marine environment are the whānau's local gardens and there's no disconnection between the water and the land. The whānau see the area as a whole body that is part of who they are, he said.
The whānau will be reflecting on what their next steps will be, but he said it's about whakapapa and ensuring that they are laying a good platform for the next generation to pick up and move forward.
Ruapuke Island whānau gather to unveil a commemorative plaque in honour of the legacy of Tuhawaiki 1996 Photo: Supplied/Ruapuke whānau
Under the Act, Customary Marine Title recognises a group's authority over a defined marine area based on ancestral connection, tikanga, and exclusive use. It does not create private ownership or restrict public access and it can't be sold but instead affirms mana tuku iho - inherited authority - and provides legal standing to participate in decisions affecting the marine environment.
The High Court ruling also recognised that Ruapuke whānau had exclusively used and occupied the takutai moana since 1840, with no substantial interruption.
Kīhau whānau spokesperson Ailsa Cain said Customary Marine Title is one tool the whānau can use to get back to the level of control they've had over the marine space.
"One of the major things that it does is reaffirm the boundary of the Ruapuke Island group, knowing that we are people from the water and so it's never just been a land boundary for us, it's always been the waters that surround us. The Customary Marine Title helps remind the Crown of our boundary."
Cain said the application to seek Customary Marine Title was carefully considered to reflect traditional and long-held uses of the islands and their surrounding waters, and was deliberately more limited than the 12 nautical mile default.
"So that space we were looking at is the minimum boundary for the Ruapuke island group to operate and work collectively and knowing that it's a whānau application and that we were always working Te Rūnanga o Ngāi Tahu as the iwi authority, so their claim comes right up to our boundary."
The whānau live on the islands for periods of time in a year and the boundary covers what they call their "garden," she said.
Ruapuke Island whānau loading tītī delivered from Papatea (Green Island) 1983 Photo: Supplied/Ruapuke whānau
Ngāi Tahu Calls for government to abandon proposed law reform
Te Rūnanga o Ngāi Tahu Kaiwhakahaere Justin Tipa congratulated the Ruapuke whānau on their achievement.
"This is a momentous decision that acknowledges the enduring relationship Ruapuke whānau have with their takutai moana, and their unwavering commitment to protecting, using, and caring for it in line with tikanga Māori.
"The whānau have worked tirelessly to bring their case before the Court, and we congratulate them on securing recognition of what their kaumātua and tīpuna have always known."
Tipa also expressed his disappointment about the government's plan to proceed with the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill, which would make it harder to prove customary marine title claims.
"The Ruapuke decision proves the Act already provides a fair and workable pathway for whānau, hapū, and iwi to have their long-standing relationships with the takutai moana recognised.
"The government's proposal to raise the bar for applicants undermines that intent. It risks rewriting the rules midway and setting a threshold so high that very few whānau will be able to succeed, no matter how strong their tikanga and whakapapa connections are."
Tipa said Te Rūnanga o Ngāi Tahu will continue to pursue its application and oppose reforms that weaken the recognition of Māori rights and responsibilities in the takutai moana.
Justice Minister Paul Goldsmith confirmed to RNZ at the start of August that Cabinet had agreed to press ahead with the law change and to pass it before October.
Under the amendment bill, any court decisions issued after 25 July 2024, which includes the Ruapuke decision, will need to be reconsidered.
Fife said the Ruapuke whānau evidence was overwhelmingly conclusive to prove they have customary occupation and have held the Ruapuke Island group in accordance with tikanga since 1840.
"I'm not worried that a decision might be appealed or potentially overturned because of legislation of legislation changes, because I think beyond any doubt that we would meet any legal bar to have customary right affirmed, more the frustration that we would have to go through this process again," he said.
Cain said the going through the courts again was an "enduring frustration."
"So [the] Ruapuke island group wasn't sold in any of the land sales, we're famous for the day we signed te Tiriti ... in the waters off the island. When we did that my tūpuna arrived with a second document to be signed to say that the Ruapuke island group were for him and his people.
"By taking this case on the Customary Marine Title was more of reminding the Crown, then it was reminding whānau or fighting for something, it was reminding the Crown of our jurisdiction. If we have to go through this again it is frustrating especially... because we do not see the outcome changing, we still believe we'd get Customary Marine Title and we still believe we'd pass the test."
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