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

Novopayout: Government-Owned Company To Take Over School Payroll

After lengthy negotiations, the Ministry of Education and the existing school payroll provider, Talent2, have settled both on the amounts payable by Talent2 towards the costs of remediating the Novopay service and a new operating model for the school payroll system.

The new model involves a new government-owned company taking over the operation of the payroll service, and Talent2 licensing the core Alesco software to that company.

The settlement provides for Talent2 to pay the Ministry between $18 million and $22 million, made up of $7 million in cash and other considerations including a license for the Alesco software and discounted fees for the support and maintenance of this software. More>>

 

Parliament Today:

Gordon Campbell: On National’s Electorate Deals

For all the talk yesterday from Prime Minister John Key about National being transparent about its electorate deals in Epsom and Ohariu, that transparency is entirely front-loaded. More>>

ALSO:

Greens: Oil Drilling Face-Off With Labour

The key policy points in the Green Party’s plan to protect our beaches from oil spills are to:
1. Prohibit deep sea oil drilling; 2. Implement compulsory shipping lanes for coastal shipping; 3. Build Maritime New Zealand’s oil spill response capability; and 4. Introduce a stronger legal framework so that when accidents do happen, the New Zealand taxpayer does not have to pay for the clean-up. More>>

ALSO:


Nick Smith v Fish & Game:

Minister Told Of FBI Investigation, Says INZ: Coleman Must Quit Or Be Sacked Over Dotcom Case - Harré

Immigration New Zealand has done the right thing in distancing itself from Jonathan Coleman’s claims that ministers were not aware of FBI involvement in Kim Dotcom’s residency application, says the Internet Party. More>>

ALSO:

Valedictory Season: Maori Party Founders Say Goodbye

Two major Maori MPs gave there farewell speeches to Parliament Thursday outlining their history, experiences, triumphs and regrets. More>>

ALSO:

Resignation Not Accepted: Transport Minister Breaches Aviation Security Rules

"Running late for a plane at Christchurch Airport, I without thought breached airport and airline security rules by entering the gate lounge through a door usually used for exit only..." More>>

ALSO:

TAIC Report: Urgent Recommendations After Melling Rail Accident

The Transport Accident Investigation Commission has made four urgent recommendations to KiwiRail following the accident two months ago (27 May) when a Matangi passenger train collided with a stop block at Melling Station, Lower Hutt. More>>

ALSO:

Red Tape: Local Regulations Go Under Microscope

The Government says it is accepting nearly all of the recommendations the Productivity Commission has made on ways to improve local regulations. More>>

ALSO:

Spending Questions: Claudette Hauiti To Step Aside At Election

National Party President Peter Goodfellow confirms that he has received notification from List MP Claudette Hauiti that she plans to step aside at the 20 September election. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news