Foreshore & Seabed Act to be repealed (TW.com predicts!)

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Prime Minister John Key today announced that the controversial Foreshore and Seabed Act is likely to be repealed.

Although at a press conference today Mr Key told reporters that the repeal is likely to be months away. He said the act would remain in place until an acceptable alternative was worked out in conjunction with coalition partners the Maori Party and iwi leaders.

“I think it’s better to try and get some agreements before we make some decisions to repeal,” he said.

On October 18 Maori Party co-leader Tariana Turia said a decision would be revealed within two weeks after her party president Whatarangi Winiata said the government had agreed to repeal it. The Dominion Post is now reporting that a paper outlining the government’s response would be discussed on Monday.

The controversial Act followed a 2003 Court of Appeal ruling in the Ngati Apa case that made it possible, in some instances, for Maori customary title to convert into freehold title.

That raised the possibility of parts of the foreshore and seabed coming under Maori control, and fears that public access to beaches could be restricted.

The previous government was not prepared to accept that position and legislated against the ruling, causing widespread unrest among Maori and the resignation from the Labour Party of Turia, who went on to form the Maori Party.

The National government appointed a panel to review the Act. It recommended its repeal and said interim legislation should be put in place until the politicians worked out a way to recognise Maori rights to coastal areas.

Former National leader Don Brash, who caused racial tensions with his Iwi/Kiwi billboards, told Q&A on Sunday he did not regret those ads but did think Maori should have retained the right to test cases in court. (Ya think!!)

Source TVNZ

4 COMMENTS

  1. T?n? koutou,

    This email has a further update on the foreshore and seabed and also a request for assistance.

    As you are likely to be aware, the Prime Minister announced on Monday 2nd November that Cabinet have decided in principle to repeal the Foreshore and Seabed Act. The repeal of the Act will happen at the same time as a replacement framework is ready to put in place. The government wants the repeal and replacement to occur by the end of 2010.

    The Iwi Leaders mandated at the Hopuhopu Iwi Chairs Forum to engage with the Crown on the foreshore and seabed have discussed with the Crown the principles that should form the basis of the replacement regime and have secured a commitment to ongoing engagement as the replacement regime is developed. We would like to hui with Iwi and hap? around the motu to provide an update on the work to date and to discuss the priorities and objectives of Iwi and hap?. We would like these hui to be in November and December 2009 because the policy development is likely to move quickly, and involve substantial early policy work occurring over summer. While we recognise that November and December are busy times, we would like to start the k?rero with our people early so that we are all prepared for the quick timelines that are likely next year.

    Attached to this email is information on the hui. Would you please be able to assist us by distributing this information throughout your networks and attending the hui that are possible for you.

    If you would like any further information please contact Sacha McMeeking on sacha.mcmeeking@ngaitahu.iwi.nz

    N?haku noa
    N? Mark Solomon

  2. T?n? koutou,

    This email has a further update on the foreshore and seabed and also a request for assistance.

    As you are likely to be aware, the Prime Minister announced on Monday 2nd November that Cabinet have decided in principle to repeal the Foreshore and Seabed Act. The repeal of the Act will happen at the same time as a replacement framework is ready to put in place. The government wants the repeal and replacement to occur by the end of 2010.

    The Iwi Leaders mandated at the Hopuhopu Iwi Chairs Forum to engage with the Crown on the foreshore and seabed have discussed with the Crown the principles that should form the basis of the replacement regime and have secured a commitment to ongoing engagement as the replacement regime is developed. We would like to hui with Iwi and hap? around the motu to provide an update on the work to date and to discuss the priorities and objectives of Iwi and hap?. We would like these hui to be in November and December 2009 because the policy development is likely to move quickly, and involve substantial early policy work occurring over summer. While we recognise that November and December are busy times, we would like to start the k?rero with our people early so that we are all prepared for the quick timelines that are likely next year.

    Attached to this email is information on the hui. Would you please be able to assist us by distributing this information throughout your networks and attending the hui that are possible for you.

    If you would like any further information please contact Sacha McMeeking on sacha.mcmeeking@ngaitahu.iwi.nz

    N?haku noa
    N? Mark Solomon

  3. Greens: Respect Maori Rights In Any New Foreshore Law

    It is crucial that any new foreshore and seabed legislation respects M?ori customary rights, said the Green Party today.

    "It is vital that M?ori customary rights are protected under any new foreshore and seabed legislation. It is great news that the Foreshore and Seabed Act is likely to be repealed but what comes next is now the issue," said Green Party Co-Leader Metiria Turei.

    The Government is likely to announce a repeal of the Foreshore and Seabed Act later today.

    "The National Party has an atrocious record on issues that effect M?ori. For example, it opposes M?ori being represented in Auckland and refuses to recognise the United Nations Declaration on the Rights of Indigenous Peoples," said Mrs Turei.

    "I'm really worried that any new legislation that they develop will undermine M?ori interests and access to justice.

    "John Key is on the record as saying M?ori 'have had nothing taken off them' by Labour's Foreshore and Seabed Act. This is clearly untrue and if he still thinks this, then any new legislation he develops could spell trouble for M?ori."

    The Green Party has always opposed the Foreshore and Seabed Act 2004 because it fails to provide environmental protection and is a confiscation of M?ori customary title.

    "We have argued from the start that Te Ture Whenua M?ori Act should be amended to make sure that the foreshore and seabed land can never be sold. This would address the public concern that this treasured land could be sold to private interests," said Mrs Turei.

    http://www.greens.org.nz/press-releases/respect-m

  4. Maori Party welcomes PM’s statement on Foreshore and Seabed Act

    Tariana Turia and Dr Pita Sharples, Co-leaders
    2 November 2009

    Maori Party co-leaders Tariana Turia and Dr Pita Sharples welcomed the clear indication today from the Prime Minister that the Foreshore and Seabed Act is to be repealed.

    “There is a process in place that we support,” said Dr Sharples and Mrs Turia.

    “We agree that repeal should take place after iwi and hapu have completed consultations with their own people on what should replace the Act,” they said.

    “As the Maori Party, our job is to secure repeal – now the initiative moves to iwi and hapu to find a way forward, in negotiations with the government.

    “We look forward to legislation that is inclusive of all people, and which restores the ancestral rights of tangata whenua,” they said.

    Andrew Robb
    DDI: 04 817 6772 | M: 029- 482 8494
    E: andrew.robb@parliament.govt.nz
    Office: Level 7, Bowen House

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