The Government has finally released its legislation to replace Labour's Foreshore and Seabed Act.It has a new name, the Marine Coastal (Takutai Moana) Bill, and will be debated for the first time in Parliament on Thursday.Under the legislation, which repe
The Government has finally released its legislation to replace Labour's Foreshore and Seabed Act.
It has a new name, the Marine Coastal (Takutai Moana) Bill, and will be debated for the first time in Parliament on Thursday.
Under the legislation, which repeals the 2004 Act, the foreshore and seabed will be removed from Crown ownership and will become a public place with public access guaranteed.
No one will be able 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 have to prove exclusive use and occupation since 1840.
Attorney-General Chris Finlayson said the bill would guarantee all New Zealanders rights to the marine and coastal areas.
"These include free public access, which last year's Ministerial Review Panel described as a birthright of New Zealanders, and the opportunity for Maori to seek recognition and protection through the courts of customary rights."
The previous Labour government passed the Foreshore and Seabed Act following a 2003 Court of Appeal ruling in the Ngati Apa case that raised the possibility, in some narrow instances, for Maori customary title to convert into freehold title.
That had the potential to put parts of the coastline under Maori control, and Labour legislated against it.
Widespread Maori opposition followed, and Tariana Turia quit Labour to form the Maori Party.
The proposals to replace the Act, which are in the bill without any important changes, were released in June after the Maori Party agreed to them and iwi leaders endorsed them.
