10 Jun 2013

Court an option for customary marine title

6:35 am on 10 June 2013

A lawyer says if Ngati Porou fails to secure customary marine rights to a stretch of the East Coast, the tribe would have to take the case to court.

The iwi is claiming title to an area roughly between Lottin Point and the Pouawa River, near Cape Runaway.

It is in direct negotiations with the Crown to regain the rights under the Marine and Coastal Area Act.

Chapman Tripp partner Daniel Kalderimis said the approach is similar to the Treaty settlement process.

He said the first step is to negotiate but if tribes are unsuccessful they can try their luck in the High Court.

A hui will be held in Gisborne from lunchtime on Monday to test opinion on the claims to customary marine rights.

The Marine and Coastal Area - or Takutai Moana - Act guarantees free public access along the sea shore, except where there are ports, naval bases and recognised burial grounds.

Under the act, whanau, hapu and iwi can seek recognition and protection of long-standing customary interests.