Raupatu Takutai Moana Bill: A Debate Over Māori Customary Rights and Coastal Management

Introduction

The Raupatu Takutai Moana Bill, or Coastal Policy Bill, has sparked significant debate in Aotearoa New Zealand, raising crucial questions about the balance between Māori customary rights and the broader management of the country’s coastal environment. This article explores the bill’s key provisions, its potential benefits and drawbacks, and the implications for Māori customary rights.

The Bill’s Provisions:

At its core, the bill aims to establish a new framework for managing New Zealand’s coastal environment. It proposes the creation of a new Coastal Policy Statement, which will guide regional councils in their management of coastal areas. The bill also introduces a new system for granting permits for activities in the coastal environment, including aquaculture, marine farming, and coastal development.

Potential Benefits:

Proponents of the bill argue that it will provide a more comprehensive and integrated approach to coastal management, ensuring the protection of the environment and the sustainability of coastal resources. They highlight the potential for improved collaboration between iwi and the Crown, leading to better outcomes for both parties. The bill’s focus on a holistic approach to coastal management, incorporating both environmental and cultural considerations, is seen as a positive step towards achieving sustainable development.

Potential Drawbacks:

Critics of the bill express concerns about its impact on Māori customary rights. They argue that the bill’s emphasis on the Coastal Policy Statement, which will be developed by the Crown, could undermine the existing legal framework for Māori customary rights. Furthermore, the new permitting system could potentially restrict Māori access to and use of their traditional coastal areas. There are also concerns that the bill’s focus on the environment could overshadow the importance of Māori cultural values and practices in coastal management.

Considerations for Māori Customary Rights:

The bill’s impact on Māori customary rights is a key point of contention. The bill acknowledges the existence of Māori customary rights but does not explicitly guarantee their protection. This has led to concerns that the bill could potentially weaken existing legal protections for Māori customary rights.

The bill’s proponents argue that it provides a framework for recognizing and accommodating Māori customary rights within the broader context of coastal management. They emphasize the importance of collaborative processes between iwi and the Crown in implementing the bill’s provisions.

However, critics argue that the bill’s lack of specific protections for Māori customary rights leaves them vulnerable to potential infringement. They call for stronger legal safeguards to ensure that Māori customary rights are fully respected and upheld.

Conclusion:

The Raupatu Takutai Moana Bill represents a significant attempt to reform coastal management in New Zealand. While it holds the potential for improved environmental protection and collaboration between iwi and the Crown, its impact on Māori customary rights remains a key concern. The ongoing debate surrounding the bill highlights the importance of finding a balance between environmental sustainability and the recognition and protection of Māori cultural values and rights.

Reference:

Clemson News (2023). World Ocean Day: Things you can do to protect the planet’s crucial resource. [Image] Retrieved September 25 2024 from: https://news.clemson.edu/world-ocean-day-things-you-can-do-to-protect-the-planets-crucial-resource/

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About the Author: Dr Rawiri Waretini-Karena

Ngāti Māhanga, Ngāti Māhuta, Ngāti Kaahu, Ngāti Hine- Ngāti Mōrehu: Lecturer, Educator, Independent researcher.