Executive summary

• Mäori customary rights to the foreshore and seabed can be recognised under both Te Ture Whenua Mäori Act 1993 (TTWMA) and the common law doctrine of aboriginal title
• Extinguishment of customary rights requires clear and plain legislative or executive direction. Customary rights can also be extinguished by voluntary surrender to the Crown
• Ngati Apa in the Court of Appeal confirms the jurisdiction of the Maori Land Court to investigate the status and ownership of land as Mäori customary land, in relation to the foreshore and seabed
• Rangatiratanga and kaitiakitanga status and obligations as affirmed in Te Tiriti o Waitangi encompass a wider application than possession, occupation and use rights as captured under TTWMA and the common law doctrine of aboriginal title