Re Edwards Whakatōhea - [2023] 3 NZLR 252

Tikanga and Māori customary rights — Customary marine title — Burden of proof — Positive elements on applicants — Assumption not extinguished — No obligation to prove not extinguished — Tikanga to be considered — Marine and Coastal Area (Takutai Moana) Act 2011 ss 51 and 58.

Tikanga and Māori customary rights — Customary marine title — Relationship with tikanga Māori — “Exclusively used and occupied” includes shared exclusivity but does not require intention and ability to exclude others where deprived of that ability — “Held” means retained or kept — “Without substantial interruption” does not include activities permitted through manaakitanga — Occupied and controlled include the power to exclude pre-1840 and whether control lost by tikanga or lawful activities — Mana tuku iho — Inherited right to speak — Marine and Coastal Area (Takutai Moana) Act 2011 s 58.

Tikanga and Māori customary rights — Marine and coastal area — Navigable river — Waiōweka River navigable — Customary marine title not excluded — Marine and Coastal Area (Takutai Moana) Act 2011 s 11.