Foreshore and seabed compromise reached

Foreshore and seabed compromise reached

by Pattrick Smellie

June 14 (BusinessWire) - Last minute talks at Parliament today have salvaged a deal that will see the 2004 Foreshore and Seabed Act repealed and replaced by a new form of title preventing sale of both, and establishing processes for establishing Maori customary title.

The deal hammered out between National and its coalition Maori Party gained the approval of the influential Iwi Leaders Group, led by Ngai Tahu chairman Mark Solomon, who said the deal struck was "something I can take home to my people".

New legislation is expected to be enacted before the end of this year and, will among other things, restore the right of iwi and hapu to return to the courts rather than negotiate directly with the Crown on Treaty claims relating to customary title for parts of the foreshore and seabed, if they wish.

However, there appeared to be no discernible difference between the "public domain" arrangements outlined in today's announcements and the disputed offer which had, over the weekend, appeared to be placing potentially intolerable strain on the National/Maori Party coalition.

This afternoon's post-Cabinet announcement was fronted jointly by Prime Minister John Key, Maori Party co-leaders Tariana Turia and Pita Sharples, and the Minister of Treaty Negotiations, Chris Finlayson.

Finlayson said the new legislation would create a "universal recognition order" which would have status as a "new kind of title", which would also mean that foreshore and seabed could "never be sold", although small areas already held privately by Maori and Pakeha owners would remain untouched by the changes.

As expected, public access to the foreshore and seabed is maintained for all New Zealanders.

Finlayson said the new legislation drew on concepts developed for the Hauraki Gulf Marine Park Act 2000, and signalled that the expression "public domain" may yet change to a more precise definition in both English and Maori.

Turia acknowledged there was "concern around the issue of public domain", but said "in terms of customary title and rights, we have been given an assurance those rights will be as sacrosanct as any other."

Some elements of the deal were still "a work in progress" and the Iwi Leaders Group would remain involved in discussions as the details were finalised.

The Maori Party was formed after Labour, the traditional harbour for Maori voters, enacted the foreshore and seabed legislation in 2004, creating what Maori leaders saw as the first post-colonial alienation of Maori rights in the 21st century.

While the party may have hoped for greater concessions from the government, Key had made it clear that the "public domain" approach was as far as his administration would go, and that failure to reach agreement would have meant keeping the 2004 legislation in place.

(BusinessWire) 17:34:30

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