Ngati Apa v Attorney-General

Ngati Apa v Attorney-General
Court	Court of Appeal of New Zealand
Full case name	Ngati Apa & Anor v. Attorney-General & Others
Decided	19 June 2003
Citation(s)	[2003] NZCA 117; [2003] 3 NZLR 643
Transcript(s)	Available here
Case history
Prior action(s)	[2002] 2 NZLR 661 (HC)
Court membership
Judge(s) sitting	Elias CJ, Gault P, Keith, Tipping & Anderson JJ
Keywords
Foreshore and seabed, Aboriginal title, Te Ture Whenua Maori Act 1993

Ngati Apa v Attorney-General was a landmark legal decision that sparked the New Zealand foreshore and seabed controversy. The case arose from an application by eight northern South Island iwi for orders declaring the foreshore and seabed of the Marlborough Sounds Maori customary land.^[1] After lower court decisions and consequent appeals in the Maori Land Court, the Maori Appellate Court and the High Court; the Court of Appeal unanimously held that the Maori Land Court had jurisdiction to determine whether areas of foreshore and seabed were Maori customary land or not. The court also held that, "The transfer of sovereignty did not affect customary property. They are interests preserved by the common law until extinguished in accordance with the law".^[2] The effect of the decision was subsequently overturned by the Foreshore and Seabed Act 2004.