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

8 Pages Posted: 8 Sep 2020 Last revised: 14 Sep 2020

See all articles by Carwyn Jones

Carwyn Jones

Victoria University of Wellington - Faculty of Law

Date Written: August 1, 2014

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

Suggested Citation

Jones, Carwyn, The MV Rena Grounding - The Interim Report on the MV Rena and Motiti Island Claims (August 1, 2014). (2014) August Māori LR 14-20, Victoria University of Wellington Legal Research Paper No. 70/2020, Available at SSRN: https://ssrn.com/abstract=2539332

Carwyn Jones (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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