The Marine and Coastal Area (Takutai Moana) Bill passed its first reading in Parliament by a 106-15 majority vote last night.
The Greens, Act and rogue Maori Party MP Hone Harawira voted against the bill.
In her opening speech in support, Maori Party co-leader Tariana Turia described the bill as a small but important step forward for the party, which was formed to oppose the 2004 legislation.
“The reality is that five votes out of 122 will never a majority make, but if we are to uphold our word to our people we must be able to make progress and to see it."
Labour has sought assurance that the bill will be considered a full and final solution to foreshore and seabed law – but Ms Turia said again that she would leave that up to future generations to decide.
Attorney-General Chris Finlayson thanked iwi leaders and representatives of commercial and recreational interests for their engagement in a “robust and lengthy consultation process carried out in good faith”.
The bill has been referred to the Maori Affairs select committee for further consultation and debate.
At least two changes to be put to select committee have already been signalled.
Act’s David Garret said that the party would push for the inclusion of an explicit clause to prohibit customary title holders charging for access - despite Mr Finlayson’s repeat guarantees that the bill already prevents this from occurring.
Mr Finlayson will himself seek the addition of a clause accidentally left off the bill’s final draft, to ensure that fishing and navigation by third parties in an area does not extinguish the possibility of a customary title right being granted.
What will the bill do?
The Marine and Coastal Area (Takutai Moana) Bill repeals and replaces the 2004 Foreshore and Seabed Act.
It replaces default Crown ownership of the foreshore and seabed with the creation of a common marine and coastal area - owned by no-one, unable to be sold and with guaranteed public access.
A number of rights will apply within the common area, including the right of hapu and iwi to seek customary title either through direct negotiation with the Crown or through the courts.
The bill will not affect existing private titles in the marine and coastal area.
Nina Fowler
Wed, 15 Sep 2010