Ngāti Manuhiri to challenge retrospective Marine and Coastal Area law changes in High Court

Ngāti Manuhiri are set to challenge the recent amendments to New Zealand’s marine and

coastal legislation in the High Court, alleging that the changes to the Marine and Coastal

Area (Takutai Moana) Act 2011 limit Ngati Manuhiri in the exercise of their culture, deny their

access to justice, and limit and discriminate against Māori.

Ngāti Manuhiri Settlement Trust chairman Mr Hohneck says that the changes, rushed

through Parliament late last year in just under four weeks, impose a legal test that measures

customary ownership through manufactured concepts of exclusion rather than precedent,

and unjustifiably undermine rights recognised under the original law.

“What we’re seeing is not an attempt to uphold the original intent of the law, it is an attempt

to fundamentally change the rules with which we’ve engaged in good faith because the

Crown isn’t getting its way.” Mr Hohneck says.

“The Crown is stacking the deck in its favour, and is setting a precedent that future

Governments can constantly move the goal post whenever they see fit.”

The claim being made by Ngāti Manuhiri raises significant constitutional and Treaty issues

concerning Parliament’s ability to retrospectively alter property rights, interfere with pending

litigation, and redefine Māori customary interests after applicants have relied on legislated

assurances.

“The changes amount to retrospective interference with ongoing court proceedings, and

breach our expectation that our application would be determined under the law as it stood

when we applied.” Mr Hohneck says.

“Our claim seeks declarations that the 2025 law changes are inconsistent with natural justice

and the Bill of Rights Act, and are discriminatory against Ngāti Manuhiri.”

“Our settlement with the Crown included a formal apology and commitment to rebuild their

relationship with Ngāti Manuhiri, based on the principles of Te Tiriti o Waitangi. The Marine

and Coastal Area Act amendments cut across that promise and apology.”

On day two of the 2026 National Iwi Chairs Forum in Waitangi, the Forum unanimously

endorsed the Ngāti Manuhiri Settlement Trust filing proceedings in the High Court against

the Crown in relation to the 2025 amendments to the Marine and Coastal Area (Takutai

Moana) Act 2011.