Hon Christopher Finlayson
Attorney-General

8 March 2011

Media Statement

Marine and Coastal Area (Takutai Moana) Bill Passes Second Reading

The Marine and Coastal Area (Takutai Moana) Bill has passed its second reading in the House.

The Bill will replace the Foreshore and Seabed Act 2004. It restores the right of Maori to seek customary title through the Courts, while guaranteeing the rights of all New Zealanders in the marine and coastal area.

“Debate on this Bill has confirmed that the status quo of the Foreshore and Seabed Act 2004 is not an option,” Mr Finlayson said. “Every party which spoke in Parliament acknowledges that law has failed, and has to be changed.”

“This Bill makes clear what we all instinctively feel – that no-one owns the common marine and coastal area,” Mr Finlayson said. “The government just looks after it for all New Zealanders, present and future It is a common space, and will not be able to be sold off.”

“All New Zealanders have the right equally to walk, swim, fish, sail, dive, surf, picnic or play in it, just as they do now.”

“It also restores the right of Maori to go to Court and seek recognition in the High Court of customary title where it has been exercised since 1840. The Bill sets out tests for proving customary marine title based on the Court of Appeal’s decision in the Ngati Apa case, as well as the common law in Canada and Australia.”

“These codified tests and awards for customary marine title provide for certainty and equity, rather than protracted legalistic arguments that benefit only lawyers, and which would lead us to a similar result.”

The Maori Affairs select committee reported the Bill back to Parliament on 9 February 2011 after considering it for five months. The Bill’s second reading was delayed when Parliament was adjourned following the Canterbury earthquake.

Mr Finlayson confirmed he will be recommending that the House amends the Bill to require any recognition of customary title through negotiated agreement be given effect through legislation.

This amendment will be included in a supplementary order paper, along with a number of other technical amendments, at the Committee of the Whole House stage.

More information about the Bill is available here:

http://www.beehive.govt.nz/release/marine+and+coastal+area+bill+introduced+-+guarantees+public+access

The Bill can be read here:

http://www.legislation.govt.nz/bill/government/2010/0201/latest/DLM3213131.html

The Marine and Coastal Area (Takutai Moana) Bill Summary

• Repeals the Foreshore and Seabed Act 2004.

• Applies to the area formerly known as the foreshore and seabed, which will be known in the future as the marine and coastal area.

• Creates a common space in the marine and coastal area (the common marine and coastal area) which allows the interests and rights of all New Zealanders in the marine and coastal area to be recognised in law.

• Guarantees free public access in the common marine and coastal area.

• Does not affect existing private titles in the marine and coastal area

• Guarantees and, in some cases, extends existing rights for navigation, ports, fishing and aquaculture.

• Provides for the customary interests and rights of Maori in the common marine and coastal area to be recognised.

• This recognition will include the right to go to the High Court (or negotiate an out-of-court settlement with the Crown) to seek customary marine title for areas with which groups such as iwi and hapu have a longstanding and exclusive history of use and occupation.

• Unlike private title, customary marine title will be subject to the right of public access and cannot be sold.

• Similar to private (fee simple) title, customary marine title gives rights to permit activities requiring a resource consent, some conservation activities, protection of wahi tapu, ownership of taonga tuturu found in that space, and ownership of non-Crown minerals. It also gives the customary title holder the right to create a planning document setting out objectives and policies for the area.

• Groups such as iwi, hapu and whanau will also be able to gain recognition and protection for longstanding customary rights that continue to be exercised. Their association with the common marine and coastal area in their rohe will also be recognised through a right to participate in conservation processes, which formalises existing best practice in coastal management.

Background to the Marine and Coastal Area (Takutai Moana) Bill

Following an agreement between the National Party and the Maori Party in November 2008, an independent Ministerial Review Panel undertook a nationwide consultation process in the first half of 2009 and concluded that:

• The Foreshore and Seabed Act 2004 failed to balance the interests of all New Zealanders in the foreshore and seabed, and

• Was discriminatory and unfair.

In March 2010 the Government released a consultation document outlining its preferred solution. The Attorney-General consulted widely on this document, including 20 hui and public meetings, and meeting representatives of business, recreational, conservation and iwi groups.

The Bill is the result of both of these consultation processes extending over 18 months. It was introduced into the House passed its first reading on 15 September 2010. After considering public submissions for five months, including three weeks of oral hearings, the Maori Affairs Select Committee reported the Bill back on 9 February 2011.

ENDS

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