Nats, Maori Party to scrap Foreshore and Seabed Act

Photo / Brett Phibbs

The Government has solved its most sensitive and pressing problem with an agreement today to repeal the Foreshore and Seabed Act and replace it with legislation which has been accepted by the Maori Party and, apparently reluctantly, by iwi leaders.

Under the new legislation, the foreshore and seabed will be removed from Crown ownership and will become a public place - essentially the same as a public domain - with public access guaranteed and with no one having the right to sell any of it.

Iwi will be able to seek customary rights and customary title through negotiation with the Government or through the High Court, but will still have to prove exclusive use and occupation since 1840.

Prime Minister John Key announced the agreement after talks today with the Maori Party and iwi leaders.

"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," he said at a press conference.

"I can report that the National government, the Maori Party and iwi leaders have agreed a common position on the foreshore and seabed issue."

Mr Key said a bill would be drafted and the Government hoped to introduce it to Parliament in August.

There will be a select committee process for public submissions, and the Government aims to pass the bill by the end of this year.

The new legislation is substantially the same solution the Government put forward earlier this year as its preferred option.

There have been additions, including the two-track regime for seeking customary rights and title and the establishment of universal recognition orders.

Customary title will cover development rights, and the right to veto development by others. Some mineral rights will be conferred.

The universal recognition orders will recognise the links an iwi has with the foreshore and seabed, but will not confer any rights.

Maori Party co-leaders Pita Sharples and Tariana Turia said they had fulfilled a long-standing promise to repeal the Foreshore and Seabed Act, which did not permit iwi to seek customary title through the courts.

"It is a great day for our party... by working with iwi leaders and the National Party we've been able to produce some significant advances," they said.

Iwi leaders, however, were less enthusiastic about the agreement.

They had wanted more, and said in a statement their "wish list" had not been delivered.

Mark Solomon, chairman of the Iwi Leaders Group, said the iwi representatives had worked hard to keep the dialogue with the Government open.

Tukuroirangi Morgan, chairman of Waikato Tainui, said the agreement had been reached on "important matters of principle" that provided a strong foundation for further work.

Sonny Tau, chairman of Ngapuhi, said significant gains had been made and there was a need to keep moving forward.

Mr Key announced these decisions:

* The 2004 Act would be repealed and replaced with new legislation.

* The foreshore and seabed currently vested in Crown ownership would be replaced by a public space incapable of being owned;

* Existing Maori and Pakeha private titles would continue unaffected;

* Customary title and customary rights would be recognised through access to justice in a new High Court process or through direct negotiations with the Crown; and

* To establish customary title, iwi would need to meet a number of tests which would have applied if the Foreshore and Seabed Act 2004 had not been put in place.

Mr Key has previously said he thought very few iwi would be able to meet the criteria for seeking customary title.

He said today he still held that view.

Dr Sharples said that for those who had not been directly affected by the 2004 Act, nothing would change.

The Labour Party said the new legislation was almost identical to the proposal the Government put forward months ago.

"This is clearly a face-saving exercise for the Maori Party," said shadow attorney-general David Parker.

"There is no difference between vesting the foreshore and seabed in 'public space' and vesting it in the 'public domain' - a concept the Maori Party had said they were adamantly against."

Mr Parker said the announcement was "largely a smoke and mirrors exercise with name changes".

- NZPA