Parliament

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

 

Certainty restored to foreshore and seabed

18 November 2004 Media Statement

Certainty restored to foreshore and seabed

“New Zealanders will discover when they go to the beach this summer that the effect of the Foreshore and Seabed Bill, passed today, is to preserve the status quo,“ Deputy Prime Minister Michael Cullen said.

“Crown ownership is confirmed and traditional rights of public access are safeguarded.

“Groups will be able to secure customary rights orders protecting their right to continue any activities, uses and practices they have been exercising substantially uninterrupted since 1840. This does not include customary fishing rights as these were provided for separately in the fisheries settlement.

“All the legislation does is codify into statute existing common law rights. Nothing more, nothing less,” Dr Cullen said.

“Where a group can demonstrate that, but for the passage of the
Bill, they would have held a Territorial Customary Right equivalent to exclusive use and occupation, they will be able to seek from the High Court the establishment of a Foreshore and Seabed Reserve or approach the government to discuss other redress options.

“The Reserve would acknowledge the guardianship status of the group but would also be held for the common use and benefit of all New Zealanders.

“These provisions were inserted at the instigation of the Maori caucus as a mechanism to both ensure Maori can have their day in court and also to recognise Maori kaitiakitanga.

“Similarly, the concerns raised by the port companies and other holders of reclaimed lands have been acknowledged by assuring the ports an automatic right to renew their leases on existing terms where the land is needed for port infrastructure and giving existing leaseholders priority in applying for a lease extension.”

Dr Cullen thanked the government members of the select committee, the Labour Maori caucus and New Zealand First for the constructive approach they had taken toward improving and Bill and getting it through the House.

“It would have been easy to play the politics of division in an attempt to secure a short term advantage but they chose a higher course.”

He said that the emotionalism which had characterised the issue had tended to obscure the fact that the ambit of the Bill was quite small.

“Essentially it seeks to remedy two problems created by the Court of Appeal Ngati Apa decision.

“The first of these was the unsettling of a long-held assumption by successive governments that the foreshore and seabed was Crown-owned. Three times Parliament has legislated to that effect and the Resource Management Act is unworkable without it.

“The second was to align the law to Parliament’s original intention which was that the Te Ture Whenua Maori Act 1993 should apply to dry land only. Had Parliament intended the Act to incorporate the foreshore and seabed, it would have provided the tools for the Maori Land Court to recognise Maori customary interests without awarding a full fee simple title.

“The Bill provides that scope.

“A lot of the anger around this issue stems from a fundamental misconception of what the Court of Appeal actually said. It did not say Maori owned the foreshore and seabed, only that the Maori Land Court had jurisdiction to hear Maori customary land claims.

“And the Court made clear its views that these would be unlikely to apply to large areas,” Dr Cullen said.

“We have been through an exhaustive process in developing the policy contained within the Foreshore and Seabed Bill. I think the final legislation provides a lasting solution and one which can take us forward as a country.”

ENDS

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods ( is the dollar up or down? ) last night’s outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country..>>>More


Reaction

Labour on its agreement |Peters: Post-Election Announcement Speech | Greenpeace “cautiously hopeful” about new Government | ACT - Madman on the loose | E tū ecstatic | Chamber welcomes the outcome | Greens on their joining Govt | EDS welcomes new govt | Immigrant groups worry | Feds ready to engage new coalition government | Labour Ministers of the Crown announced

 

Climate: Increasing Greenhouse Emissions Hit NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate…More>>

ALSO:


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>

ALSO:

Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>

ALSO:

Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>

ALSO:

Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>

ALSO:

Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>

ALSO:

Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election