Introduction
The Marine and Coastal Area (Takutai Moana) Act 2023, or MACA Act, presents a complex and concerning picture for the future of New Zealand’s coastal environments and the rights of Māori. While the legislation purports to strengthen the recognition and protection of customary marine title, its flawed development and implementation raise serious concerns about its true impact.
The MACA Act grants iwi and hapū the ability to manage and protect their traditional coastal areas, including restricting certain activities that could harm the environment. It also emphasizes the importance of protecting wāhi tapu, sacred sites that hold cultural and spiritual significance for Māori. However, these positive intentions are undermined by a fundamental lack of respect for Māori rights and interests throughout the Act’s development.
The Crown’s continued failure to meaningfully consult with Māori in developing the proposal for the MACA Act is a blatant breach of Article 2 of Te Tiriti o Waitangi, which guarantees Māori tino rangatiratanga, or self-determination. This lack of consultation demonstrates a disregard for Māori sovereignty and their right to participate in decisions affecting their lands and waters.
Furthermore, the Act’s provisions fail to adequately protect Māori interests. The Crown’s failure to follow good governance principles and its disregard for established policy development processes have resulted in a legislation that falls short of its stated goals. The Act’s ambiguous language and unclear definitions leave room for further erosion of Māori rights and create uncertainty for future generations.
The MACA Act, in its current form, represents a missed opportunity to foster a genuine partnership between the Crown and Māori in managing our coastal areas. Instead, it perpetuates a history of broken promises and undermines the principles of equity and justice. While the Act may offer some benefits for coastal protection, its flawed development and implementation raise serious concerns about its long-term impact on Māori rights and the future of our oceans.
Conclusion
A true commitment to protecting our coastal environments and upholding the principles of Te Tiriti requires a fundamental shift in the Crown’s approach to policy development and a genuine commitment to meaningful consultation with Māori.
