No delay for seabed law, says Cullen

The Government says its foreshore and seabed legislation will not be delayed if the issue goes to the Privy Council.

Port Marlborough said yesterday that it was keeping open the option of going to the council over the original foreshore and seabed case, but had not made a final decision.

The port company lodged an appeal with the Privy Council last year over Maori claims to the Marlborough Sounds foreshore and seabed.

Port Marlborough chief executive Sean Bolt said the Privy Council had agreed to hear its appeal on November 15 and 16.

A select committee is due to report back to Parliament on the Foreshore and Seabed Bill on November 5.

Port company chairman David Dew said it was reserving the right to proceed.

"The board hasn't made any final decision about where it is going on this. The appeal is still there and the timetable is running, but we have adopted a wait and see approach about what to do," Mr Dew said.

Deputy Prime Minister Michael Cullen said that even if the case went to the Law Lords, it would not change the need for legislation.

"I think it is most unlikely that the Privy Council would find that customary rights of some sort do not possibly exist now, in other words that the essence of the Court of Appeal case will be completely overthrown," Dr Cullen said.

The Court of Appeal ruled that Crown ownership of the foreshore and seabed was uncertain and that the Maori Land Court had jurisdiction to hear claims.

The Court of Appeal said it was possible that a successful customary claim could in some cases convert into a private title.

A spokesman for Top of the South iwi, John Mitchell, said they would fight the appeal if it went ahead.

"They are calling all the shots, we were happy to have talks, but equally ... we from our side are coming back from a five-zero Court of Appeal decision which for the life of us we can't see being overturned," Mr Mitchell said.

If the original litigant's Court of Appeal decision was upheld, they would seek costs.

"I guess one thing we regret about it is the sheer cost, we are going to be well into six figures just before getting off first base without even the cost of a hearing," said Mr Mitchell.

"But that aside we are pretty confident that the Privy Council is not going to overturn such a resounding judgment ... and if the Court of Appeal remains unchanged we as sure as hell will be going to the other side for costs."

It would also give moral and legal weight to their argument with the Government over Maori claims to the foreshore and seabed.

"We are not unhappy if this eventuates," he said.

- NZPA