Ngā Pōtiki Stage 1 — Te Tāhuna o Rangataua - [2022] 3 NZLR 304

Māori and Māori rights — Customary marine title — “Exclusive use and occupation” — “Without substantial interruption” — Onus on opponent rights extinguished — Marine and Coastal Area (Takutai Moana) Act 2011 ss 58 and 106.

Māori and Māori rights — Customary marine title — Exclusive use and occupation without substantial interruption — To be determined in accordance with tikanga not concept of ownership or proprietary concepts requiring exclusivity — Not require continuous or constant use and occupation — Requires authority to exclude others — May not require actual exclusion — Statutes must clearly interrupt use and occupation — Tauranga Foreshore Vesting and Endowment Act 1915.