The MV Rena Grounding - The Interim Report on the MV Rena and Motiti Island Claims

Abstract

This report relates to Crown actions taken in response to the grounding of the container ship the MV Rena (the Rena) on Otaiti (Astrolabe) Reef near Motiti Island on 5 October 2011. In particular, the claimants, Ngāi Te Hapū Incorporated Society (Wai 2293) and the Motiti Rohe Moana Trust and the Mataatua District Māori Council (Wai 2291) raised concerns about the consultation process undertaken by the Crown in relation to the removal of the wreck and whether the Crown would ensure that the wreck of the Rena was completely removed from the reef. Following an urgent hearing, the Tribunal issued an interim report which found that the Crown’s consultation process was not sufficient to fulfil the duty of active protection under the principles of the Treaty of Waitangi. The Tribunal recommended that, in determining whether to make a submission in respect of the Rena owners’ application for resource consent to leave part of the wreck on the reef, the Crown should take into account the effects on Māori involved and that such effects should be reflected in any submission the Crown makes in respect of the Rena owners’ application.

Keywords: Rena, Shipwreck, Good Faith, Rangatiratanga, Active Protection, Waitangi Tribunal, Taonga

JEL Classification: K10, K39