In May 2021 the High Court in 'Re Edwards' found that Whakatohea hapu and other applicant groups were entitled to statutory recognition, under the 'Marine and Coastal Area (Takutai Moana) Act 2011', of customary title over the marine and coastal area in various parts of the eastern Bay of Plenty. The marine and coastal area (or takutai moana) is the area between the mean high-water mark and the outer boundary of the territorial sea. The judgment in 'Re Edwards' is a landmark decision and there are many things about it to be lauded. The purpose of this note, however, is not to repeat what has already been said. I will summarise the case and its background, and then comment on the Court's treatment of the burden of proof and, more briefly, the requirement for exclusivity in establishing customary marine title over the takutai moana.