NZ Herald
  • Home
  • Latest news
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather forecasts

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Kahu

Who will own the foreshore?

By Yvonne Tahana
NZ Herald·
10 Feb, 2010 03:00 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Neither the Government nor Maori would own the nation's beaches under a proposal to settle the dispute over laws governing the foreshore and seabed.

The proposal is one of several on the table, the Government told the Iwi Leaders Forum at Waitangi.

It is understood Maori kaitiakitanga (guardianship) over an area - which would allow greater decision-making by tangata whenua - could also be provided for if the 2004 Foreshore and Seabed Act is repealed.

The act gave ownership to the Crown and denied Maori the chance to test their claims to the foreshore and seabed in court.

Repealing the legislation is the issue that brought the Maori Party into Parliament, and a degree of realism on both sides could see that happening this year, Prime Minister John Key has said.

Sources close to negotiations have said it would be a huge shift for the Crown to take the foreshore and seabed off its books, but this was a crucial starting point for a new law because it would emphasise "shared" interests.

"It's a Treaty partnership working in action without the [ownership] hassles around it," one source said. [Therefore] everyone's rights are protected."

How that would work in practice and how bureaucracy might increase if neither group had ownership were issues being worked through.

Auckland University environmental law expert Klaus Bosselmann said as long as the new law spelled out who controlled what activities, the proposal looked like a pragmatic solution that recognised Maori customary rights but retained access for all New Zealanders to beaches.

United Future leader Peter Dunne is part of the ministerial group working on the proposal. He has written about the foreshore and seabed this year, saying they should be viewed as "public domain".

Mr Dunne told the Herald his public-domain concept did capture a scenario where "no one owns it but we all own it and so therefore we all have an interest in it".

"It is a public space where we all have indivisible and inalienable rights."

He said it was important to remember that the "sky hadn't fallen in" since the 2004 act came into force.

Local authorities had continued to make decisions on road access, speed limits, fire bans and resource management. Maori had continued customary activities such as declaring rahui (bans) on shellfish gathering.

That set of circumstances would continue no matter what replaced the legislation.

Asked if it was likely that Maori would gain a larger say in decision-making relating to the foreshore and seabed, Mr Dunne said yes, but qualified his response by saying nothing was absolute.

"What's hopefully going to come out of all of this is there is much more involvement in decision-making by all people who have an interest."

Mr Key and Attorney-General Christopher Finlayson briefed the Iwi Leaders Forum last Friday as a prelude to Waitangi Day celebrations.

Te Runanga a Iwi o Ngapuhi chairman Sonny Tau was at the meeting and said tribal leaders were told that a repeal could also see the Crown negotiating with individual iwi about kaitiakitanga mechanisms.

Other options include allowing Maori to test their ownership claims in court - banned under present law.

Generally, leaders felt "enthusiasm" about the options, Mr Tau said, and there was "a strong sense of wanting to get the law repealed and a replacement in place without delay".

However, the forum wouldn't be the place where final decisions were made.

"I want to reiterate, the [Iwi Leadership Forum] do not negotiate a final outcome ... with the Crown but will engage and report back to their respective iwi. Hapu need to step up if they want to assert their views."

Discover more

Opinion

Does the foreshore and seabed legislation need to be repealed or reviewed?

17 Nov 02:20 AM
Kahu

Foreshore act could be kept, says Key

05 Feb 03:00 PM
Kahu

PM looks for Foreshore and Seabed solutions

06 Feb 12:10 AM
Kahu

Put foreshore under Maori control - Harawira

06 Feb 12:41 AM
Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

New Zealand

Watch: Black Power gang members farewell Selwyn Robson with stirring haka

12 May 08:38 AM
New Zealand

Black Power members perform a farewell haka for Manurewa homicide victim Selwyn Robson.

Politics

Govt earmarks $100m for students underachieving in maths, new ‘maths intervention’ teachers

12 May 07:30 AM

One tiny baby’s fight to survive

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Watch: Black Power gang members farewell Selwyn Robson with stirring haka

Watch: Black Power gang members farewell Selwyn Robson with stirring haka

12 May 08:38 AM

Members were seen performing a haka as pallbearers carried his coffin into the clubhouse.

Black Power members perform a farewell haka for Manurewa homicide victim Selwyn Robson.

Black Power members perform a farewell haka for Manurewa homicide victim Selwyn Robson.

Govt earmarks $100m for students underachieving in maths, new ‘maths intervention’ teachers

Govt earmarks $100m for students underachieving in maths, new ‘maths intervention’ teachers

12 May 07:30 AM
Abuse in state care: PM defends broken promise, emotional Hipkins slams Govt ‘injustice’

Abuse in state care: PM defends broken promise, emotional Hipkins slams Govt ‘injustice’

12 May 07:26 AM
Connected workers are safer workers 
sponsored

Connected workers are safer workers 

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP