IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE	
CIV-2017-404-573
[2023] NZHC 745	

UNDER	the Marine and Coastal Area (Takutai Moana) Act 2011	
IN THE MATTER OF	an application by Maia Maria Nova
Honetana on behalf of Ngāti Tu ki Ngāpuhi for orders recognising Customary Marine Title and Protected Customary Rights	

On the papers:		
Counsel:	B J Loader for Applicant	
Judgment:	17 April 2023	

JUDGMENT OF CHURCHMAN J

Introduction

[1]	By memorandum dated 3 April 2023, the applicant, Maia Maria Nova Honetana, on behalf of Ngāti Tu ki Ngāpuhi, seeks leave for Ngāti Tu ki Ngāpuhi to appear as an interested party on a number of applications for recognition orders for customary marine title and protected customary rights under the Marine and Coastal Area (Takutai Moana) Act 2011 (the Act).

[2]	The applications in which the applicant seeks leave for Ngāti Tu ki Ngāpuhi to appear as an interested party are the following:

CIV-2009-488-205	Te Uri O Hau Settlement Trust	
CIV-2017-404-442	Ropu o Rangiriri	

NGATI TU KI NGAPUHI [2023] NZHC 745 (17 April 2023)

CIV-2017-404-537	Nga Puhi nui tonu, Ngāti Rahiri, Ngāti Awa, Ngā Tahuhu and Ngaitawake	
CIV-2017-404-545	Ngāti Manuhiri	
CIV-2017-404-546	Ngāti Rehua	
CIV-2017-404-554	Nga Hapu o Ngāti Wai Iwi	
CIV-2017-404-555	Te Whanau o Hone Papita Raua Ko Rewa Ataria Paama	
CIV-2017-404-558	Ngaitawake	
CIV-2017-404-563	Te Runanga o Ngāti Whātua	
CIV-2017-404-566	Te Waiariki, Ngāti Korora, Ngāti Takapari Hapu/Iwi, Hapu of Niu Tireni	
CIV-2017-404-567	Te Taou	
CIV-2017-404-570	Te Hikutu Hapū	
CIV-2017-404-579	Nga Hapu o Tangaroa ki Te Ihu o Manaia tae atu ki Mangawhai	
CIV-2017-485-231	Ngāti Hine	
CIV-2017-485-239	Te Rae Ahu Whenua Trust	
CIV-2017-485-250	Ngāti Pukenga	
CIV-2017-485-281	Patuharakeke Te Iwi	
CIV-2017-485-283	Ngātiwai	
CIV-2017-485-286	Patuharakeke	
CIV-2017-485-305	Te Parawhau	
CIV-2017-485-378	Ngāti Maraeariki, Ngāti Rongo	
CIV-2017-485-398	Ngāti Kawau & Te Waiariki Korora	
CIV-2017-485-409	Whangaroa Ngaiotonga Trust	
CIV-2017-485-515	Reti Whanau	
CIV-2017-485-799	Te Parawhau Hapu	
CIV-2017-488-029	Mokau Whanau	
CIV-2017-485-279	Ngāti Takapari	

The application

[3]	The applicant has served copies of its application on all those applicants whose applications it wishes to become an interested party to. The Court has not received

any notices of opposition to the application or any other communication from those other parties. Accordingly, I proceed on the basis that the application is unopposed. However, I still need to consider whether the application should be granted.

[4]	The background to the current application is that, on 17 August 2022, the applicant filed an amended application under the Act for recognition orders. The amended application reduced the geographic scope of the original application. Since then it has come to counsel’s attention that interested party status was not sought on any applications that overlapped the application area. It is perhaps unsurprising that this was not done at the time of the filing of the original application given its wide geographic extent.

[5]	The applicant is therefore no longer an applicant for recognition orders in respect of a number of adjacent application areas but still has a legitimate interest in the outcome of those applications. That is why it has sought interested party status in the applications set out above, all of which either sit adjacent to overlap its own amended application area.

[6]	The real issue for determination is whether the particular circumstances of this case and the consequences of having filed an amended application justify the Court in granting the application notwithstanding that it is out of time.

Discussion

[7]	Section 104 of the Act provides that “[a]ny interested person may appear and be heard on an application for a recognition order if that person has, by the due date, filed a notice of appearance.”

[8]	It is accepted this application is being made well after the “due date”, which, pursuant to s 100, expired on 3 April 2017. Nevertheless, counsel submits the circumstances are such that it is appropriate here for the applicant to join as an interested party notwithstanding this deadline.

[9]	It is clear that Ngāti Tu ki Ngāpuhi is an interested party within the meaning of s 104. Firstly, it is itself an applicant, having applied for recognition orders under the

Act. Secondly, the area of its substantive application overlaps or is adjacent to the application areas of all applications for orders in respect of which it seeks to become an interested party. In these circumstances, the Court is likely to benefit from its participation in the applications that it wants to participate in. Indeed, in respect of those applications which overlap its own, it is arguable that no application to participate as an interested party was required as it can fully participate as an overlapping applicant. It is therefore appropriate that Ngāti Tu ki Ngāpuhi be granted leave to appear as an interested party.

[10]	I am satisfied that, in the particular circumstances of this case, there is no prejudice that will be incurred by other parties in granting this application.

[11]	In the absence of any countervailing considerations, and in the absence of any opposition, I do not consider the fact the application is brought out of time is an obstacle to the application being granted here.

Result

[12]	The application for Ngāti Tu ki Ngāpuhi to appear as an interested party in respect of the applications for which leave is sought is granted.

Churchman J

Solicitors:
Loader Legal, Auckland for Applicant