Winning customary marine title To understand why the judge’s decision was so noteworthy, it’s important to grasp what are considered three key factors in determining an application for customary marine title: The retention of land adjacent to the claimed foreshore The issuing of resource consents by local authorities Third-party (public) use of the foreshore and seabed. Christel Yardley/Stuff The claims involved foreshore and seabed in and around Whakatāne in the eastern Bay of Plenty. On all these, Justice Churchman ruled in favour of the claimants. He found the retention of adjacent land was not important, and loss of land may even have led to increased use of the takutai moana.