Engagement Strategy

Takutai Moana Engagement Strategy

On 12 June 2021, the Hon Andrew Little, Minister for Treaty of Waitangi Negotiations, announced the approach the Crown will be taking to engage with and support takutai moana applicants who are seeking recognition of customary interests under the takutai moana legislation. 

The Takutai Moana Engagement Strategy (the engagement strategy) is focussed on achieving fair, transparent, and timely determination of takutai moana applications for recognition of customary interests.  Under the strategy the Crown will begin engagement with applicants that wish to do so.  The Crown will begin working across 20 coastal areas, which together, include all of the takutai moana and all applicant groups.   You can see a map showing the coastal areas here [PDF, 550 KB].

The engagement strategy is a collaborative approach where applicant will be supported to work with Te Arawhiti and with each other to progress their applications.   All applicants now have the opportunity to work with Te Arawhiti to prepare for determination of their applications, whether they have applied to the High Court, directly to the Crown, or to both.  The existing commitments the Crown has already made to work with applicant groups will also be maintained.

The engagement strategy has been designed around 20 coastal areas and three phases focusing on different parts of the takutai moana process.  These are:

Initial engagement: Te Arawhiti will begin working with applicants to confirm the boundaries of the coastal areas, and application areas. Discussions will focus on what support applicants need to progress their applications, identifying issues that will need to be resolved, and planning the next steps together. 

Research and evidence gathering: This phase is focused on preparing the historical research and evidence applicants need to satisfy the legal tests set out in the legislation.  Some of this work can be done by Te Arawhiti and some will need to be done by applicants.  There will also be opportunities to discuss the impact of shared and overlapping interests, and support provided to applicants to work through these if required. 

Determination and recognition: The Minister for Treaty of Waitangi Negotiations, as the responsible Minister under the legislation, or the High Court, will consider all the relevant evidence and make a decision. Applications may be determined in full or in part.  Where the legal tests are met, and customary interests are recognised, this phase includes the processes needed to give full legal effect to the recognition decisions.

By conducting engagement in all coastal areas with all groups concurrently, we will reduce the bottlenecks that create unnecessary delays.  Not all coastal areas or all applications are expected to progress at the same pace.  For example, applicants in some areas will already be advanced in terms of historical research and evidence gathering, some will be just beginning.  The strategy is flexible enough to adjust to the needs of applicants and the work required.  While the coastal approach promotes collaboration between applicants, each application will still need to be determined.

We will continue to update our website to reflect the engagement strategy described above.  In the meantime, if you want to contact us directly you can do so via email on takutaimoana@tearawhiti.govt.nz or call us on 0800 866 222.