(TAKUTAI MOANA) BILL E kau I te wai e, e kau I te wa

(a) hold the area in accordance with tikanga; and
(b) have exclusively used and occupied the area from 1840 to
the present day without substantial interruption.
5.3 Ngāti Ranginui’s use and occupation of the takutai moana was
substantially interrupted by acts and consequences of raupatu
perpetrated by the Crown from 1865 onwards under the authority of
oppressive legislation including the New Zealand Settlements Act 1863.
As a result of the Crown’s actions, Ngāti Ranginui along with the other iwi
of Tauranga Moana; Ngāi Te Rangi and Ngāti Pukenga, are precluded
from demonstrating continued exclusive use and occupation of certain
areas of takutai moana even though their mana whenua and kaitiaki
status is recognised and acknowledged by neighbouring hapū and iwi.
5.4 TRW asserts that despite the raupatu, and through their own determined
efforts, TRW hapū have maintained a strong and continuous relationship
with their traditional hapū areas of takutai moana and that the test set
out in the bill requiring exclusive use and occupation without substantial
interruption is an unjust test on the basis that it:
(a) denies hapū rights to claim title in relation to the takutai moana on
the basis of circumstances that were forcefully imposed upon them;
and
(b) reinforces earlier injustices to Ngā Hapū o Ngāti Ranginui caused by
raupatu and therefore amounts to continuing breaches of Te Tiriti o
Waitangi.
5.5 TRW asserts that the Bill must be repealed or amended to ensure that
raupatu hapū and iwi can acquire rights to title.
6. Recommended Amendment
6.1 TRW submits that the Bill be amended to ensure that hapū and iwi
affected by raupatu not be denied the opportunity to acquire title
because of oppressive actions that were not of their own making and by
which they (temporarily) lost access to and control of important
resources. The following is a proposed solution to TRW’s concerns in
relation to the test for exclusive use and occupation:
For the purpose of subsection (1)(b), there is no substantial interruption to the
exclusive use and occupation of a particular part of the common marine and
10