The Foreshore & Seabed - Attorney General v Ngati Apa.
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The Foreshore & Seabed Attorney General v Ngati Apa Several Iwi from the Blenheim region applied to the MLC for declarations as to the status of the F&S. The MLC and the MAC determined as a preliminary issue that the MLC had the jurisdiction to hear the application. The HC overruled this, saying that all such lands were vested in the Crown. The issue for the COA was a narrow one: "did the MLC have jurisdiction to investigate title to the F&S of the Marlborough Sounds? The COA was unanimous in saying "yes". The public outrage which followed was unwarranted. People were angry that the MLC should be allowed to enter such an inquiry, although there was no guarantee that the Court would recognize Maori Customary ownership (MCO)..... Gault J: "even if we held that the MLC has the jurisdiction contended for, I have real reservations about the ability of the appellants to establish that...


