Govt told to repeal Foreshore and Seabed Act
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Maori Party co-leader Tariana Turia has heralded a foreshore and seabed review as a landmark day in which ”the conflicts and divisions of the last five years can at long last be rectified”.
The 150-page report issued today recommends the controversial Foreshore and Seabed Act, which enshrined Crown ownership of the foreshore and seabed, be repealed.
Mrs Turia said the report recognised that the Act was ”indeed built on shaky foundations” and must be repealed..
”[It] talks about a nation divided and it concludes the Foreshore and Seabed Act severely discriminated against Maori, took away our right to go to court, drew on legal tests developed in other jurisdictions foreign to our own country and was . simply wrong..”
It also concluded the 2004 Act, passed by the former Labour government, had caused ”much anguish and concern to Maori”. The Act has to be the single biggest land nationalisation statute enacted in New Zealand history,” Mrs Turia said.
”Those words are the voice of reason the Maori Party has been waiting five long years to hear.
”This is a unifying document.
The reports findings had caused ”a very emotional day” for she and her Maori Party colleagues.
It made up for being called ”haters and wreckers” by the likes of former prime minister Helen Clark.”
Maori Party co-leader Pita Sharples said the report contained some strong language, which was ”only right”.
”When we came in [to Parliament] people said we had no chance of getting to this position here so we’re excited.
”When we came in [to Parliament] people said we had no chance of getting to this position here so we’re excited. While the government is yet to announce its position on the review, repeal of the Act seems almost certain. A review of the Act was written into its deal to go into government with National.
It recommended Government recognise that Maori with traditional interests in the coastal area have some form of customary title to it and the public have an interest in access and navigation.
WHAT’S IN THE REPORT
The report said the law failed to recognise Maori property rights as recognised by the courts and advanced the general interests of the public at the expense of Maori.
It proposed the Government start with a new interim law that would repeal the Foreshore and Seabed Act.
The panel sets out a number of possible options to achieve its recommendations including:
* Negotiated settlements within iwi and hapu;
* Allow the courts to settle title issues; and
* A mixed model of negotiated settlements at a regional and national level.
”Both must be respected and provided within the limits necessary to accommodate the other,” the report said.
This should recognise some Maori have customary rights to some coastal areas and the public have rights of use and enjoyment.