Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia [2013] HCA 33; 250 CLR 209 (7 August 2013) is a landmark Australian judgment of the High Court.

A group of Torres Strait Islanders, (the Claim Group) applied to the Federal Court seeking a determination that they had native title rights and interests in a major part of the sea area of Torres Strait, including a right to fish for sale and trade.

Taking a lead from cases like Yanner v Eaton,[5] and the Commonwealth v Yarmirr[6] the High Court held that The Commonwealth Fisheries Act 1952 and the Queensland Fisheries Act 1887, which both required licensing of fishing activates, did not extinguish the relationship of the people to the land nor extinguish the native title bundle of rights.

The purpose for taking the fish was not at issue, and that shift of focus, from right to activity, led to error in this matter by the lower court.

[10] They also found that the statutes regulated but did not extinguish the Native title rights A number of third parties brought a cross claim in this matter.