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

Gordon Campbell: On First Time Voting (Greens)

For the last two days, I’ve turned my column over to a couple of guest columnists who are first time voters. They’ve been asked to explain why they were voting, for whom and what role they thought their parental upbringing had played in shaping their political beliefs ; and at the end, to choose a piece of music. Today’s guest columnist is Ana Avia-O’Connor, who will be casting her first time vote on Saturday for the Greens.

If I didn’t know any better, it would seem the world has conspired for me to be a Green Party voter. Parents, Green voters? Check. Participation in bilingual education that stressed the importance of inquiry, solidarity and the Treaty? Check. Some sort of vegetarian leanings (seven years and counting, jus’ sayin’)? Check. However, above all of that, I’m voting Green because I believe in supporting the importance of every New Zealander’s contribution to Aotearoa, from the hairdresser in Foxton to the fisherman in Bluff. You could say that I like the cut of the Greens’ jib. More>>

 

Parliament Today:

SURVEILLANCE:

Election Ad Soundtrack: Rapper Eminem Sues National Party Over Copyright Breach

US rapper Eminem is suing the New Zealand National Party for alleged copyright infringement over unauthorised use of the rapper’s ‘Lose Yourself’ song in an election campaign advertisement. More>>

ALSO:

Pre-Election Chartering: Four New Partnership Schools To Open

Education Minister Hekia Parata today announced the Government has signed contracts to open four new Partnership Schools in 2015. More>>

ALSO:

Werewolf 50 Out Now - The Election Issue: Loss Leaders

Gordon Campbell: A third term requires a mature decision, with eyes wide open. It calls for a conscious vote of confidence… Without trying hard here are about 19 reasons, in no particular order, for not ticking ‘party vote’ National. More>>

ALSO:

Not-Especially New Plans: All Prisons To Become Working Prisons Under National

All public prisons in New Zealand will become full working prisons by 2017, and ex-prisoners will receive post-release drug addiction treatment if National is returned to government, says Corrections Spokesperson Anne Tolley. More>>

ALSO:

Māngere: "False Claim Of Matai Title" - Labour

National must explain why its candidate for Māngere Misa Fia Turner appears to be using a Matai title she is not entitled to, Labour’s MP for Māngere and Pacific Islands Affairs spokesperson Su’a William Sio says. A Matai title is a legally-recognised ... More>>

ALSO:

CPAG Report: No New Zealand Child Should Grow Up In Poverty

Child Poverty Action Group's flagship policy publication Our Children, Our Choice: Priorities for Policy calls for cross party political agreement to underpin an action plan to eliminate child poverty in New Zealand. More>>

ALSO:

Gordon Campbell:
On National’s Phantom Tax Cut Package

Hmmm. So National’s tax cuts package turns out to be one of those television advertisements that screams a headline promise – perfect skin! a youth tonic that works! – while in very small print there’s an out clause: special conditions may apply. More>>

ALSO:

Water: New Marine Reserves On West Coast Opened

Five new marine reserves were officially opened by Conservation Minister Dr Nick Smith on the West Coast of the South Island to protect a range of marine ecosystems for conservation, science and recreation. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news