PM On Foreshore and Seabed
John Key: Speaking notes from Post Cabinet Press Conference
on Foreshore and Seabed
As you all know, this morning I met the Maori Party leadership and Iwi Leaders Group to discuss the foreshore and seabed issue.
The desire to
find an alternative to the Foreshore and Seabed legislation
Act was an important part of our Confidence and Supply
agreement with the Maori Party. It has been my view as
Prime Minister that it’s important for the nation to
settle these issues so it does not remain as a weeping sore
that would have to be addressed at some stage by a future
government.
I particularly want to thank the Iwi
Leaders Group, and the Maori Party, for the constructive and
pragmatic way they have approached these negotiations. I
also want to thank the many thousands of New Zealanders who
have been involved in the consultation process over the past
few months.
I can report that the National government,
the Maori Party, and iwi leaders, have agreed a common
position on the foreshore and seabed issue.
Today
Cabinet has in agreement with the Maori Party made the
following decisions:
- The 2004 Act will be repealed
and replaced with new legislation;
- The foreshore and
seabed area currently vested in Crown ownership will be
replaced by a public space which is incapable of being owned
in a fee simple sense;
- existing Maori and Pakeha private titles would continue unaffected
- this is the proposal that to date has been labelled 'public domain'-
the name may change but the essence of the proposal is the same
- Customary title and customary rights will be recognised through access to justice in a new High Court process or through direct negotiations with the Crown
- To establish customary title, mandated iwi will need to meet a number of tests. The test for customary rights and for customary title under a replacement regime will be the same as in the consultation document. The Government is satisfied that the test as articulated in the consultation document reflects the position we think the Courts would have come to if the previous government had not imposed the Foreshore and Seabed Act 2004.
- Public access, and existing navigation and fishing rights will be protected.
Drafting will commence on a bill which we hope to introduce in August. Over coming weeks we will seek to build support from other political parties.
There will be a select
committee process to allow further public submissions, with
a view to a replacement Act being put in place by the end of
this
year.
ends