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

 


Cullen submits Labour’s foreshore proposals

Hon Michael Cullen
List MP

21 April 2009 Media Statement

Cullen submits Labour’s foreshore proposals

Restoring the ability of iwi to apply for an award of customary title to the foreshore and seabed is being proposed by Labour, says Labour List MP Michael Cullen.

The recommendation is included in a submission made by Dr Cullen on behalf of the Labour Party to the Ministerial Review Panel on the Foreshore and Seabed Act, which recommends changes to, but not repeal of, the Act.

The submission also recommends that the Act retain the current codification of access rights, navigation and other usage rights for New Zealanders.

“Any customary title awarded should not be able to be converted into freehold title, which would enable its sale. Applications should in the first instance be made to the Maori Land Court, with rights of appeal to the High Court,” Dr Cullen says.

“My submission proposes that the statutory codification of the common law tests established under the Foreshore and Seabed Act, which measures the extent of customary interests in the foreshore and seabed, should be retained.

“Under the current Act, the High Court uses the codifications to determine whether a group may have gained a customary title (called ‘territorial customary rights’ in the Act), under common law, if the Act hadn’t removed the ability to award one.

“I have also suggested that the panel might consider removing the provision in the Act for customary rights applications to be sought by non-Maori,” Dr Cullen says.

“There appear likely to be no groups that would qualify for this provision in any case.

“Labour believed at the time of the Ngati Apa decision that it would have been unacceptable not to respond to the Court of Appeal ruling in a definitive way. The finding created widespread uncertainty that a responsible Government needed to address.

“We responded with the best solution possible at the time. But I have always regretted the fact that National and other parties refused to enter into proper discussions on this issue, so that a broad political consensus – as has been established with the Treaty settlement process - could be reached.

“As a result compromises were required. The review provides a chance to revisit the Act and Labour won’t use the issue as a political football,” says Dr Cullen.


“The matter must be resolved once and for all. Now that National claims to have disavowed its previous ‘Iwi vs Kiwi’ stance and a review has been established, the potential for that broad consensus to be reached appears possible.

“Further thought needs to be given to what powers the possession of a customary title would involve. Labour believes the provisions in the Act relating to a foreshore and seabed reserve and the agreement reached with Ngati Porou by the Labour Government provide a good template.

“The current agreement with Ngati Porou should be maintained but adjusted to reflect the ability to gain customary title without the need for further court action.

“It must be remembered that the Ngati Apa ruling never said, nor implied, the oft-repeated assertion that Maori ‘owned’ most or all of the foreshore and seabed under the common law,” Dr Cullen says.

“On the contrary, it found there would be many hurdles in fact and in law before any such claim could be upheld.

“The reality is that while iwi and hapu around the country will be able to establish they have certain customary rights to the foreshore and seabed, in most cases it is unlikely that this bundle or rights would amount to a customary title.

“The submission proposes public access rights must be retained and there should be an explicit ban on charging of access fees and the right to sell any foreshore or seabed held under customary title.

“It should be stated that any foreshore and seabed held under customary title should be administered for the common use and benefit of all New Zealanders. It is further proposed it be stated that the Crown title to the foreshore and seabed should be administered for the common use and benefit of all New Zealanders,” Dr Cullen says.

ENDS

See... Foreshore_and_Seabed_Submission.doc

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Max Rashbrooke: A Failure Of Measurement: Inside The Budget Lock-Up

Shortly after the embargo lifted at 2pm news organisations started filing reports claiming that health, and to a lesser extent housing and education, were the ‘big winners’ out of the Budget. It failed to take into account the fact that in most cases the apparent increases were in fact cuts. Because of the twin effects of inflation and population. More>>

ALSO:

DOCtored Figures: Minister Clarifies DOC Budget

“Commentators have overlooked the fact $20.7m of that perceived shortfall is new funding for Battle for our Birds 2016, provided for in last week’s Budget...” DOC also has approval in principle to carry over a further $20m to 16/17 due to unexpected delays in a number of projects. More>>

ALSO:

For The Birds: Gordon Campbell On The Budget

Budgies, so their Wikipedia page says, are popular pets around the world due to their small size, low cost, and ability to mimic human speech. Which is a reasonably good description of Finance Minister Bill English eighth Budget. . More>>

Max Rashbrooke On The 2016 Budget

The best label for this year’s announcement by Bill English might be the ‘Bare Minimum Budget’. It does the bare minimum to defuse potential political damage in a range of areas – homelessness and health are prime among them – but almost nothing to address the country’s most deep-rooted, systemic social problems. Indeed the Budget hints that these problems may get worse. More>>

ALSO:

Gordon Campbell: On Bank Scandals (And Air Crashes)

Last month, the Australian Securities and Investment Commission (ASIC) filed proceedings against Westpac over activities that have some distinct echoes of the Libor scandal. More>>

Budget: Health Funding Must Keep Up With Need

NZNO: “The nursing team has been doing more with less for years. It’s getting to the point that we’re really worried about our colleagues, our patients, our jobs and the level of health care available for people in our country." More>>

ALSO:

Emissions Inventory: Time For The Government To Do The Right Thing

It’s time for the National Government to step up and do the right thing to reduce climate pollution as data shows New Zealand’s greenhouse gas emissions are higher than ever, the Green Party said today. More>>

ALSO:

Budget 2016: More Partnership Schools To Open

Seven new schools will join the eight Partnership Schools already open, along with further new schools opening in 2017. “The growth of this policy is a reflection of the high level of interest from educators and community leaders,” Mr Seymour says. More>>

ALSO:

No Correspondence With English: Did Brownlee Make Up Sale Of Navy Ships ‘On The Hoof?’

Having revealed that several Royal New Zealand Navy vessels have not left port in years, New Zealand First is now asking the Minister of Defence to prove he did not come up with the idea of selling HMNZS Taupo and Pukaki until the media asked him. More>>

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news