Act to challenge 'secret' foreshore regulation

ACT Party leader Rodney Hide. Photo / Mark MItchell

Act says it will try to change the fact that iwi could win customary title in the foreshore and seabed by regulation, "in secret," and without reference to Parliament, under the legislation repealing the Foreshore and Seabed Act.

Act leader Rodney Hide said the provision for a minister to sign over title without public scrutiny was without precedent.

Minister Maurice Williamson confirmed that under the Marine and Coastal Area (Takutai Moana) Bill currently before Parliament, iwi will be able to claim customary title either through the High Court or via order in council - a regulation that is notified by Gazette - after negotiation between the iwi and the Government.

Regulations are not subject to the scrutiny of Parliament before they take effect.

Treaty of Waitangi settlements are negotiated in private but they are then drafted into a law and submissions can be given at select committee.

Mr Williamson was answering questions on behalf of Attorney-General Chris Finlayson from Mr Hide.

Mr Hide later said that ability to sign off customary title through regulation meant "our valuable foreshore and seabed can be handed across to iwi in secret, in the Attorney General's office, with no public or parliamentary scrutiny.

"There is not precedent in any other Westminster jurisdiction of a minister being able to transfer title to private interest groups in secret."

He said the need for transparency was obvious - "to avoid corruption and political patrolling."

Mr Hide said that Act would try to get the bill changed "to end secret deals and open up all dealings on this issue to public scrutiny."

Mr Williamson confirmed in the House that parts of the foreshore and seabed in private title could not be applied for under the proposed law.

Submissions on the bill close on November 19 and the Maori Affairs select committee will begin hearing submissions the following week.

A spokesman for Mr Finlayson said there was nothing unusual about the Government recognising or transferring title or property rights without legislation being introduced to Parliament.

Examples included offers-back under the Public Works Act, the disposal of surplus Crown properties (by agencies such as the Crown Health Financing Agency), the process for bringing land into fee simple under the Land Transfer Act, and settlements negotiated by Crown Law with third parties, among others.