The judge said customary marine title amounted to an "elevated influence" in an area and enabled effectively a form of veto, with certain exceptions, over activities in the area needing a new resource consent. Another type of right recognised under the act, protected customary rights, could be granted to more than one group over the same area, she said. A protected customary right was granted for an activity, right, or practice done with a degree of regularity in the area but without the need for exclusivity or occupation that a customary marine title required. It was that type of right she ultimately suggested the Clarkson whānau consider.