MACA Ammendment: The Control of Natural Resources

It's all about excluding Māori & controlling natural resources.

By Dr Harpreet Singh | drhsinghnz.substack.com | FB: @DrHSinghNZ

This fight over the coastline is not about beaches. It is about control of natural resources. Oil, gas, and minerals beneath the seabed are worth billions, and the government’s 2025 reforms are designed to clear the path for extraction. By weakening Māori customary rights and tightening the law beyond its original intent, the government is prioritising profit over partnership and turning the foreshore into a gateway for corporate gain.

What Is MACA and Why Was It Introduced?

The Marine and Coastal Area (Takutai Moana) Act 2011 is one of the most misunderstood laws in Aotearoa. It replaced the Foreshore and Seabed Act 2004, which gave the Crown ownership of the coastline and stripped Māori customary rights. The 2011 Act was designed to fix that injustice while guaranteeing public access for everyone. It was passed by the National government.

No One Owns the Beaches

The law makes it clear that no one owns the foreshore and seabed. Not the Crown. Not iwi (tribes). Not private developers. It is a common space that cannot be bought, sold, or mortgaged. Beaches remain public. That is written into the law.

What Māori Rights Actually Mean

The Act recognises Māori customary interests that existed long before 1840. These rights are cultural, not commercial. They include gathering kaimoana (seafood), launching waka (canoes), and protecting wāhi tapu (sacred sites). Māori can apply for Customary Marine Title (CMT), but this is not private ownership. It does not allow selling land or blocking public access. Even where the title is granted, people can still swim, walk, and fish as they always have.

Why the Controversy?

Because the word “title” sounds like ownership, and that has been exploited. Groups like Hobson’s Pledge claim beaches are being taken. That is false. The government says its 2025 reforms will restore the original intent of the law. That is contested. Critics argue the changes go further than Parliament intended and make claims almost impossible to prove.

The Reality After Court and Government Action

Most of the coastline is under claim, but very few titles have been granted. Courts interpreted the law broadly, but in 2024 the Supreme Court reaffirmed that the test for customary marine title is strict. Despite this, the government is pushing extreme reforms in 2025 that go beyond restoring intent and make claims even harder. Through all of this, public access remains guaranteed. No one is losing the right to walk on the beach.

What About Mining and Natural Resources?

The MACA amendments themselves do not give the government ownership of the foreshore and seabed, but combined with the Crown Minerals Amendment Act 2025, the picture changes. The Crown Minerals reforms allow the government to actively promote mining and petroleum exploration, including lifting the ban on new offshore oil and gas permits. Ministers now have greater discretion over resource permits and policy statements.

Customary Marine Title holders still have a say in resource consents for activities like mining or dredging in their areas. But by limiting CMT through the 2025 amendments, the government reduces Māori veto rights. In non-CMT areas, the Crown can extract resources without direct Māori approval, relying only on standard environmental processes. Critics argue this undermines the original MACA compromise and Treaty principles, making environmental and cultural protections harder to enforce.

The Bottom Line

The Marine and Coastal Area Act was meant to balance public rights with Māori customary interests. It keeps beaches open and prevents privatisation. The idea that Māori will own the coast is a myth. The truth is simple: this law recognises history without taking away your freedom.

But the government’s 2025 reforms tell a different story. By making customary title almost impossible to achieve and opening the door to aggressive resource extraction, the government is sacrificing Māori rights for financial gain. This is not about protecting public access. It is about unlocking billions in oil, gas, and mineral wealth and doing so at the expense of Treaty principles and cultural heritage.