Aotearoa has invested very little into research and education on racism. As a result, we are still inclined to focus on racism as an interpersonal experience rather than a system, and concepts such as internal racism, lateral racism, systemic and environmental racism are far less understood, in general.
It’s also important to understand that racism is uniquely shaped by factors such as geographic location, political history, economy and, of course colonial interference. So while there are commonalities to, for instance, anti-blackness (eg use of racial slurs, cultural extraction), it is also uniquely shaped by factors such as geographic location, political history, and economy.

Environmental racism in Aotearoa is unavoidably shaped by the fact that we are a moana nation. Of course, this starts with the cultural – our relationships and history across Te Moananui a Kiwa inform who we are as Māori and as a nation. For Māori, the moana is an ancestor, a sacred site, a food cupboard, a school, and a highway. Geographically, we are never far from the ocean. No part of New Zealand’s landbase is more than 120km away from the shoreline, and most people here live within 50km of the ocean. Our moana estate outsizes our land-base. Our moana plays a major role in the economy, being estimated at a value of over $10billion. It plays a huge part of our day to day lives, identity, and economy.

We must also take into account that colonial racism is the bedrock of the nation-state of New Zealand. This is important because land and water dispossession and exploitation are distinct features of colonial racism.
So naturally, when environmental racism shows up in Aotearoa, it will show up in relation to our moana, in powerful ways. All of these factors come together, within the Marine and Coastal Areas Amendment Bill, or as MP Takuta Ferris recently noted, the easily-renamed “Foreshore and Seabed Here-We-Go-Again Bill”, about to be passed in parliament.
If you listen to the current government, they will tell you that, in deciding what it takes for Māori to establish “customary title” (ie a rightful claim on a coastal area), the courts have interpreted the act wrong, and so they are compelled to change the legislation and essentially raise the bar for that process, making it more difficult for customary title to be successfully claimed.
This is not the first time the government has decided to legislate over the top of the courts, in relation to our foreshore and seabed. The last major time this happened was in the landmark Ngāti Apa v Solicitor General case in 2003. In that case, a number of iwi from the Marlborough Sounds sought a determination from the Māori Land Court over whether parts of the foreshore and seabed in their rohe could be investigated for customary title. The Crown tried to block this by arguing that the foreshore and seabed belonged to the Crown by default — an argument that had been assumed as legal fact for over a century.
The Court of Appeal, led by Chief Justice Sian Elias, rejected this claim. The Court held that the Māori Land Court did indeed have jurisdiction to determine whether customary title existed, and crucially, that Crown ownership of the foreshore and seabed had never been lawfully established. This meant that iwi and hapū could pursue claims to prove their customary rights under the law, something that had been denied to us for generations.

In reaching this decision, the Court explicitly overturned the infamous Wi Parata v Bishop of Wellington (1877) precedent — and that brings us to the Doctrine of Discovery. You see, the 1877 case over Ngāti Toa lands had utilised an infamous courtcase in so-called United States called Johnson v M’intosh, where Chief Justice John Marshall found that the act of “discovery” granted Europeans title to native land. This of course, occurred off the back of three centuries of European society being shaped by religious doctrines which gave them entitlement to possess all “islands, lands, harbors, and seas”. From 1877 onwards, with the embedding of the Doctrine of Discovery into New Zealand land law, Wi Parata v Bishop of Wellington was then used as further precedent for multiple cases of native title extinguishment in Aotearoa, keeping the Doctrine of Discovery an active principle in our legal system throughout the following century.

In 2004, when Chief Justice Sian Elias rejected and overturned Wi Parata, the Court restored a measure of legal recognition to Māori customary rights that had been buried under colonial legal fictions for over a century – and had that been that, it would have been an interesting lesson about the time that the Doctrine of Discovery was rejected in New Zealand. But even though the New Zealand judiciary were ready to start rejecting the Doctrine of Discovery… the legislature were clearly not.
And so Helen Clark’s Labour government, having decided that this finding was politically inconvenient for them (not least because Don Brash was holding propaganda speaking tours and funding full page ads about the government giving all the beaches to Māori and that New Zealanders would all be locked out of the beach)…. simply legislated it all away, through the Foreshore and Seabed Act, which formally took the entire foreshore and placed it in the ownership of the Crown. It was the largest act of colonial land-theft in modern history. Then in 2011 the National government, alongside the Māori Party, passed the Marine and Coastal Areas (Takutai Moana) Act, which didn’t repeal the Foreshore and Seabed Act but created some standards for establishing customary title, so that Māori could claim back their coastline. It was still colonial, it was still unfair, but as always, our people worked with what they were given, and so multiple cases were brought forward to claim back our mana takutai, our coastal territories. These cases went into millions of dollars, and represented thousands of hours by Māori lawyers, expert historians, kau mātua and many others who worked to reclaim the stolen legacy of our ancestors. It wasn’t perfect, it wasn’t always successful, but bit by bit, more often than not, it was working.
And then along came this government. The most hyper-colonial government we have seen, in many, many years.
And again, just like 2004, the government decided to simply legislate it all away, and lay waste to the last decade of work, by changing the rules yet again, making the standard for establishing customary title nearly impossible, and worse than that, making it retrospective, so even those who won their cases, would lose their coastline all over again, anyway.

Which all makes today’s news, that the original land of Wi Parata has finally been bought back by Ngāti Toa Rangatira, somewhat bittersweet. But it is also a powerful moment to honour this tīpuna Wiremu Te Kakakura Parata, who bravely stood against the Doctrine of Discovery being applied to his whenua, in the face of extreme colonial supremacy. An act of environmental racism that would become the basis of multiple other acts of environmental racism through to this day. He knew the right thing to do, and the right thing to say, regardless of who stood before him. Last week, at the second reading of the bill, we heard this momo again in the voice of Ngāti Wai rangatira Aperahama Edwards, speaking his truth, in the language of this land, from the gallery as parliament again moved to exercise the Doctrine of Discovery on our coastline.
Next week, the Marine and Coastal Areas Amendment Bill will enter its third reading and apparently pass into law.
On Thursday morning, I listened to Chris Bishop bluster his way through an interview on Breakfast tv and amongst the very confused and confusing lines of reason from the very simple question of “how can you justify passing this against such clear public opposition”, he stumbled into the “settlement” of New Zealand and the rights to “common law” that Māori retained at that time.
Here is the link to the full interview (it starts at 1:22:40). Apart from a blustery Bishop (right) you’ll also get to enjoy Labour MP Kieran McNulty (left)affirming the right of courts to interpret legislation as they see fit and expressing concern that this National government could simply legislate over the top of that, with no apparent reflection that it was his party who did all of that, to the letter, first, and also no commitment to repeal it if they get back into power.
Again this is a helpful example of environmental racism. In spite of what Chris Bishop says here, even the English draft document favoured by government as “the treaty” guarantees full, exclusive, undisturbed possession of our fisheries and coastline for as long as we desire to retain it (and of course the actual treaty, Te Tiriti, affirms our full political authority over our worlds. Beyond that, as I mentioned in the outset, our own environmental legal system, aka tikanga, is also a part of our social estate that we are entitled to keep regardless of people who show up with guns, greed, supreme entitlement, and a strange idea that everywhere they travel around the world, they can take their legal system with them and plant it on the land much like their flags, swords and diseases. It really is some kind of weird arcane idea that their magic pink toes, upon coming into contact with Indigenous land, automatically extinguish native title, along with native legal systems and native political authority. This is exactly the logic Chris Bishop appears to be clinging to when he describes the bill today.
For the rest of us, this is another page in New Zealand’s shameful colonial rap sheet. A long criminal history of theft and illegitimate domination. We did not stand for it in 1877. We did not stand for it in 2004. We do no stand for it in 2025, and we will continue to show up, and fight by all means, for the rightful return of all our ancestors left for us.
Toitū te whenua, toitū te moana, toitū te iwi Māori, ake, ake, ake.













































