There are areas within the Treaty space that are subject to negotiations, Ministerial and Cabinet approval.
The application to the High Court seeks recognition of the customary marine title and customary rights of the coastline within the traditional rohe of Ngāti Whātua. This is expressed as Tāmaki ki Maunganui I Te Tai Hauāuru and Tāmaki ki Manaia I te Rāwhiti. The northern boundary is expressed as Manaia titiro ki Whatitiri, Whatitiri titiro ki Tūtamoe, Tūtamoe titiro ki Maunganui. The Southern boundary is expressed as Te Awa o Tāmaki. A subsequent arrangement has been set between Te Rūnanga o Ngāti Whātua and Ngāti Whātua Ōrākei Trust Board for the Southern portion of the Ngāti Whātua rohe.
This rohe is well established and recognised by the uri of Ngāti Whātua and the Crown. There are currently four Post Settlement Government Entities (PSGE) who have each identified their respective rohe within the overall traditional rohe which remains as Ngāti Whātua.
Ngāti Whātua retains its traditional customary rights in respect to all water bodies throughout its tribal rohe according to Ngāti Whātua tikanga. These customary rights are maintained by customary practice expressed by Ngāti Whātua uri.