Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More
Parliament

Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 

A policy for the future

11 February 2004 Media Statement

A policy for the future

Deputy Prime Minister Michael Cullen said the challenge for New Zealand in negotiating a way through the foreshore and seabed issue was to avoid the extremes of right and left and focus on a policy to take the country forward.

In a speech notes for a Wellington business dinner this evening, Dr Cullen said the issues and relationships involved were complex and that there was a risk the debate would be sidetracked by the scaremongering of the far right or the unrealistic expectations of the far left.

“The Court of Appeal judgment which started the process did not find that Maori owned the foreshore and seabed, only that Maori indigenous rights had not been extinguished and that they should be able to pursue claims through the Maori Land Court.

“The quandary this created for the government was that the Maori Land Court would have had to apply the Te Ture Whenua Maori Act 1993 which was intended for dry land only and is incapable of recognising a property right which does not lead to fee simple title.

“This is the significance of the legal advice supplied by Professor Paul McHugh, a world expert in common law recognition of indigenous rights, in his submission to the Waitangi Tribunal last month.

“Professor McHugh attested that the New Zealand courts would most likely follow international precedent and find that the common law cannot recognise exclusive ownership of the foreshore and seabed. But he went on to say that this did not preclude the possibility of very substantial Maori rights.

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

“These rights are recognised by both New Zealand and overseas jurisprudence and are established by long practice. Although they do not involve ‘ownership’ as such, they are property rights nevertheless and to confiscate them is theft.

“Hence the decision to create a legislative framework which guarantees traditional rights of public access, reinforce’s the Crown’s role to regulate the foreshore and seabed on behalf of all future generations, acknowledges and protects Maori customary interests and provides certainty,” Dr Cullen said.

“We are not interested in attempting to turn the clock back, either to the beginning of 2003 (in the case of those nostalgic for the most recent status quo) or to the period prior to 1840 (in the case of some Maori).

“What we are proposing is a solution for the 21st century, which balances the rights we want all New Zealanders to enjoy and finds a secure place for the longstanding customary practices of Maori with respect to the foreshore and seabed.

“We are confident that there is a middle ground, an equilibrium where the reasonable expectations of all can be accommodated,” he said.

ENDS


© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines



Gordon Campbell: On Dune 2, And Images Of Islam


Depictions of Islam in Western popular culture have rarely been positive, even before 9/11. Five years on from the mosque shootings, this is one of the cultural headwinds that the Muslim community has to battle against. Whatever messages of tolerance and inclusion are offered in daylight, much of our culture tends to be hostile to Islam when we’re sitting in the dark, with popcorn.
Any number of movie examples come to mind, beginning with Rudolf Valentino’s role (over a century ago) as the romantic Arab hero in The Sheik...
More


 
 


Government: One-stop Shop Major Projects On The Fast Track

The Coalition Government’s new one-stop-shop fast track consenting regime for regional and national projects of significance will cut red tape and make it easier for New Zealand to build the infrastructure and major projects needed to get the country moving again... More

ALSO:


Government: GPS 2024: Over $20 Billion To Get Transport Back On Track
Transport Minister Simeon Brown has released the draft Government Policy Statement (GPS) on Land Transport, outlining the Coalition Government’s plan to build and maintain a transport system that enables people to get to where they need to go quickly and safely... More

ALSO:

Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More


Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.