Foreshore and Seabed legislation: THE FULL TEXT...

Because of the phenomenal interest in this subject and the amount of lies put out by those with an interest in race hate (Brown and white) here is the full legislation... I know we shouldn't post huge chunks like this but in this case I think its justified...


Foreshore and Seabed Bill

Government Bill

Explanatory Note

General policy statement

This Bill establishes a comprehensive framework for recognising rights and
interests in the foreshore and seabed. This Bill replaces all previous common
law rights and interests in the foreshore and seabed. The Bill does not deal
with any customary rights and interests relating to fishing that are created or
regulated by---

o the Fisheries Act 1996:

o regulations made under that Act:

o the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

Background
This Bill constitutes the Government's response to the Court of Appeal
decision on Attorney-General v Ngati Apa [2003]
3 NZLR 643. That decision recognised the possibility that Te Ture Whenua
Maori Act 1993 would lead to private ownership of the foreshore and seabed.
This was not the intention when that Act was developed. Nor was this form of
ownership anticipated by the other statutes that control activity in the
coastal marine area, in particular the Resource Management Act 1991.
The situation in law now is that there are several different statutory
systems for creating or recognising rights in the foreshore and seabed, and
potentially several different types of common law rights in these areas. It is
unclear how those various rights and interests would be reconciled with one
another. Previous legislative attempts to clarify the general status of the
foreshore and seabed in the vesting provisions of the Foreshore and Seabed
Endowment Revesting Act 1991 and the Territorial Sea, Contiguous Zone, and
Exclusive Economic Zone Act 1977, did not specifically address the question of
customary rights.
Moreover, since the Ngati Apa decision, a large number of
applications have been filed contesting ownership over much of the coastline.
While ownership is contested, it is difficult for the Resource Management Act
1991 and other statutes to continue to control activity in the foreshore and
seabed area.
The Government accordingly considers it necessary to clarify the general
status of the foreshore and seabed, and the full range of rights and interests
that may exist in these areas.

Purpose of Bill
This Bill clarifies the status of the foreshore and seabed and provides for
the recognition and protection of customary rights and interests in the public
foreshore and seabed (defined as excluding those areas of the foreshore and
seabed subject to a freehold interest).
The Government's guiding principles in developing the Bill have been:

o the principle of access: there should be open access for all
New Zealanders in the public foreshore and seabed:

o the principle of regulation: the Crown is responsible for
regulating the use of the foreshore and seabed, on behalf of all present and
future generations of New Zealanders:

o the principle of protection: processes should exist to enable
customary interests in the foreshore and seabed to be acknowledged, and
specific rights to be identified and protected:

o the principle of certainty: there should be certainty for
those who use and administer the foreshore and seabed about the range of rights
that are relevant to their actions.

Main elements of Bill
The framework for recognising rights and interests in the foreshore and
seabed consists of 5 interrelated components---

o vesting in the Crown the full legal and beneficial ownership of the
public foreshore and seabed, to preserve it in perpetuity for the people of New
Zealand:

o providing general rights of public access and navigation within, on,
over, and across the public foreshore and seabed:

o recognising the ancestral connection of Maori groups with particular
areas of the public foreshore and seabed, and with that the opportunity for
more effective participation in decision-making processes:

o recognising customary activities (recognised customary
activities) in the public foreshore and seabed, and protecting them
under the Resource Management Act 1991:

o enabling a group to seek a declaration by the High Court that they would
have been entitled to hold territorial customary rights to an area of the
foreshore and seabed, had the full legal and beneficial ownership not been
vested in the Crown. That declaration would be followed by discussions between
the group and the Crown on redress.

Vesting in the Crown
The full legal and beneficial ownership of the public foreshore and seabed
will be vested in the Crown, to preserve it for the people of New Zealand. The
Bill provides that the public foreshore and seabed is to be held in perpetuity,
and is not able to be sold or disposed of, other than by or under an Act of
Parliament.
The vesting will apply across all foreshore and seabed areas except those
covered by private titles that have been or are in the process of being
registered under the Land Transfer Act 1952.
Lagoons and beds of rivers will be included in the public foreshore and
seabed if they form part of the coastal marine area as defined by the Resource
Management Act 1991. The public foreshore and seabed will also include Te
Whaanga Lagoon in the Chatham Islands.
The Crown will exercise full administrative rights and management and
landowner responsibilities, on behalf of all New Zealanders, to the foreshore
and seabed that is vested in the Crown.

Public access and navigation
The Bill creates access rights for the public within, on, over, and across
the public foreshore and seabed, to enable its continued use and enjoyment by
all New Zealanders.
The Bill also codifies the general right of navigation within the foreshore
and seabed.

Recognition of ancestral connection
The Bill creates a new jurisdiction for the Maori Land Court to enable
it to recognise the ancestral connection of Maori groups with particular
areas of the public foreshore and seabed. The Court will be required to
recognise ancestral connection in accordance with tikanga Maori. Where
there are overlapping ancestral connections the Court will be able to recognise
them all.
In addition, the ancestral connection of Maori groups with the public
foreshore and seabed will also be able to be recognised by agreement between
Maori and the Crown. This could be the result of---

o a negotiated settlement of historical Treaty of Waitangi claims:

o a group holding customary or Maori freehold land abutting the foreshore:

o another agreement in which the Crown acknowledges ancestral connection.
The purpose of these processes is to acknowledge kaitiakitanga and to
provide opportunities for more effective participation in decision-making
processes by Maori groups who have traditionally cared for the
coastline.

Recognition of customary rights by the Maori Land Court
A further new jurisdiction for the Maori Land Court enables it to
identify and recognise customary rights in the public foreshore and seabed
through a customary rights order. This order recognises an activity, use, or
practice, but does not grant an estate or interest in land.
The jurisdiction of the Court will not extend to areas of foreshore or
seabed in private title, nor to matters covered by the Wildlife Act 1953, the
Marine Mammals Protection Act 1978, or the Treaty of Waitangi (Fisheries
Claims) Settlement Act 1992.
In determining applications for this order, the Court will apply a statutory
test derived from common law and based on tikanga Maori. The Court must
be satisfied that---

o the Maori group claiming the right is an established and identifiable
group whose members are whanaunga:

o the activity or practice that is the subject of the claimed customary
right has been integral to tikanga Maori:

o the activity or practice has been exercised substantially uninterrupted
since 1840, in accordance with tikanga Maori and continues to be so exercised:

o the claimed right is not prohibited by law and has not already been
extinguished by law.

Recognition of customary rights by the High Court
The Bill also creates a new jurisdiction for the High Court to identify and
recognise the customary rights of any group of New Zealanders in the public
foreshore and seabed. The jurisdiction will be subject to the same limits as
that of the Maori Land Court, and the High Court will apply a very
similar statutory test.
The Government is not aware of the existence of any customary activities
that might meet the statutory test, other than Maori customary
activities, but nevertheless considers it appropriate to retain the capacity
for groups to explore this possibility in the courts.

Effect of customary rights orders
Activities, uses, or practices recognised by the Maori Land Court or
the High Court through customary rights orders will also be recognised in
decision-making processes on the public foreshore and seabed. The Bill includes
amendments to the Resource Management Act 1991 (the Act) to
protect these rights, including the following:

o all decision-making under the Act must recognise and provide for, as a
matter of national importance, the protection of recognised customary
activities:

o the Act and relevant plans made under it cannot prevent the exercise of a
customary right:

o if another party seeks a resource consent for an activity that would have
a significant adverse effect on the exercise of the customary right, the Act will
require the resource consent to be declined (unless the customary right holder
consented):

o customary rights holders will be able to continue the recognised
customary activity without obtaining a resource consent under the Act.
There may be occasional situations where the exercise of a recognised
customary activity may have significant adverse effects on the environment. The
Bill establishes a new process that allows a local authority to assess the
effects of the exercise of a recognised customary activity on a case-by-case
basis. The onus will be on local decision-makers to demonstrate that there are
significant adverse effects on the environment. Any decision to impose controls
on a recognised customary activity would be taken by the Minister of
Conservation in consultation with the Minister of Maori Affairs.

The High Court and the common law
The Bill provides a limited jurisdiction for the High Court to find
territorial customary rights at common law in the public foreshore and seabed.
A group may seek a finding of the Court that they would have been entitled to
hold territorial customary rights to an area of the foreshore and seabed, had
the full legal and beneficial ownership not been vested in the Crown. The Court
must apply the common law, and may look at the full set of rights and interests
in the claimed area (including customary fishing rights) to make an overall
assessment of whether customary activities would, but for the vesting in the
Crown, have amounted to exclusive occupation and possession at common law of a
particular area of the public foreshore and seabed
The Bill provides that the Crown must enter into discussions with the group
in whose favour the finding is made. The purpose of such discussions is to
consider the nature and extent of any redress that the Crown may give.
Discussions could also take place with the Crown without prior recourse to
the High Court.
The Government is not aware of the existence of any circumstances in which
customary activities might have amounted to territorial customary rights (other
than possibly in the case of Maori customary rights). Although the Bill
does not permit territorial customary rights, the Government nevertheless
considers it appropriate to retain the capacity for the High Court to make
findings of this nature.
It is intended that this Bill be divided into the following 2 separate Bills
at the committee of the Whole House stage: a Foreshore and Seabed Bill and a
Resource Management Amendment Bill.

Part by Part analysis
Clause 1 is the title clause.
Clause 2 provides for the commencement. The Bill comes into
force on the day after the date on which it receives the Royal assent.

Part 1
Preliminary provisions

Clause 3 states the purpose of the Bill, which includes---

o the vesting of the full legal and beneficial ownership of the
public foreshore and seabed in the Crown:

o the conferral of general rights of public access and navigation in,
on, over, and across the public foreshore and seabed:

o the recognition of the ancestral connection of Maori with the
public foreshore and seabed:

o the recognition and protection of ongoing customary rights in areas
of the public foreshore and seabed:

o allowing any group to seek a finding from the High Court that the
group previously held certain territorial rights which can no longer be
recognised and, if that is the case, to enter into formal discussions on
redress.
Clause 4 sets out the definitions of terms used in the Bill.
Clause 5 provides that the Bill binds the Crown.

Part 2
Public foreshore and seabed
Right of access

Clause 6 confers on every individual access rights in, on,
over, or across the public foreshore and seabed. These rights include the right
to engage in recreational activities in the public foreshore and seabed.

Rights of navigation
Clause 7 confers on every person rights of navigation within
the foreshore and seabed.

Act replaces certain common law rights and jurisdictions in
respect of public foreshore and seabed
Clause 8 states that the common law rights of navigation are
replaced by the rights specified in clause 7.
The clause also provides that the only fishing rights are those created or
regulated by or under fisheries legislation, including the Treaty of Waitangi
(Fisheries Claims) Settlement Act 1992.
Clause 9 replaces the jurisdiction of the High Court to hear and determine any
customary rights claim in respect of the foreshore and seabed with the
jurisdiction of the High Court under clause 29 and Part 4, and the
jurisdiction of the Maori Land Court under Part 3.
Clause 10 states that the Maori Land Court has no jurisdiction to consider an
application, made before the commencement of the Bill, if the application
relates to an area of the foreshore and seabed and seeks a vesting order or
the investigation or determination of the status of any land.

Ownership and management of public foreshore and seabed
Clause 11 vests the full legal and beneficial ownership of
the public foreshore and seabed in the Crown, to be held by it as its absolute
property.
Clause 12 prevents the alienation of any part of the public
foreshore and seabed except by a special Act of Parliament or under certain
provisions of the Resource Management Act 1991.
Clause 13 preserves the ownership and use rights of the owners of roads and
motorways that are located in the public foreshore and seabed.
Clause 14 provides that where authorised works result in the
raising of any adjacent area of the public foreshore and seabed, the raised
area continues to be part of the public foreshore and seabed, even though the
elevation puts the area above the line of high water mark at mean spring tides.
But this applies only if the elevation is not part of the authorised works.
Clause 15 provides for areas of the foreshore and seabed in
private title to become part of the public foreshore and seabed on acquisition
by the Crown.
Clauses 16 and 17 relate to the registration and surveying of land in the
public foreshore and seabed.
Clause 18 precludes claims based on adverse possession or prescriptive title.
Clause 19 allows local authorities, whose title to any area
has been divested as a result of the Bill, to apply to the Minister of
Conservation for relief.
Clause 20 gives the Minister of Conservation the powers of
the Crown as owner of the public foreshore and seabed.
Clause 21 makes provision for access to particular areas of
the public foreshore and seabed to be prohibited or restricted.
Clause 22 provides a penalty for intentionally contravening a
prohibition or restriction of access to any particular area of the public
foreshore and seabed.

Other enactments not affected
Clauses 23 and 24 preserve enactments that regulate areas of
the public foreshore and seabed and save licences, permits, consents, or other
authorities issued under enactments. The power of the Crown, under an
enactment, to accord special or protected status to areas of the foreshore or
seabed is also preserved.

Civil liability not affected
Clause 25 clarifies that the Bill does not give rise to any civil liability.

Consequential repeals
Clauses 26 and 27 repeal enactments that previously vested in
the Crown areas now included in the public foreshore and seabed.
Findings of High Court with respect to territorial customary rights
in public foreshore and seabed
Clauses 28 and 29 enable the High Court to find that a group
would, but for the vesting of the full legal and beneficial ownership of the
public foreshore and seabed in the Crown by the Bill, have held territorial
customary rights to a particular area of the public foreshore and seabed at
common law.
Clause 30 precludes a finding of territorial customary rights
if the High Court forms the preliminary view that the rights concerned are able
to be considered under Part 3 or Part 4, or are covered under fisheries
legislation.
Clause 31 sets out the matters that the High Court may take
into account in considering an application for a finding on territorial
customary rights.
Clause 32 relates to matters of procedure.
Clause 33 provides that if the High Court makes a finding
that a group held territorial customary rights, the Court must refer that
finding to the Attorney-General and to the Minister of Maori Affairs. The
Ministers to whom the finding is referred must enter into discussions with the
group in whose favour the finding is made; the purpose of such discussions is
to consider the nature and extent of any redress that the Crown may give.
Clause 34 provides that no relief, other than redress from
the Crown under clause 33, may be claimed in respect of a
finding that a group held territorial customary rights.

Part 3
Provisions relating to Maori Land Court and orders it may make
This Part is in 3 subparts.
Subpart 1 (clauses 35 and 36) sets out the jurisdiction of
the Maori Land Court to make ancestral connection and customary rights
orders and excludes the jurisdiction to make orders more widely than those
specified. It provides that only certain provisions of Te Ture Whenua Maori Act
1993 apply to the jurisdiction of the Maori Land Court and the
Maori Appellate Court under this Bill.
Subpart 2 (clauses 37 to 53) provides for applications to be
made to the Maori Land Court for ancestral connection orders and
customary rights orders in relation to particular areas of the public foreshore
and seabed (within a time limit within which applications must be made).
The subpart specifies the criteria that the Maori Land Court must
apply. It also defines certain matters that are beyond the inquiry of the
Maori Land Court in relation to customary rights orders, namely---

o commercial and non-commercial Maori fishing rights declared to be
settled by sections 9 and 10 respectively of the Treaty of Waitangi (Fisheries
Claims) Settlement Act 1992:

o activities, uses, or practices that are restricted, controlled,
regulated, or prohibited by or under the Wildlife Act 1953 or the Marine
Mammals Protection Act 1978.
The subpart includes provisions on the effect of a customary rights order,
and the conditions that apply if a commercial benefit is derived from the
exercise of a customary rights order.
Orders made under this Part may be varied as to the named holder of the
order, and may be cancelled and the customary right extinguished at the request
of the holder, subject to procedures set out in the subpart.
Provision is made for protection of wahi tapu where the principle of
public access is inconsistent with the protection of a wahi tapu.
The subpart also states the limitations that apply as to the effect of
orders and on their exercise.
Subpart 3 (clauses 54 to 56) sets out procedural matters
relating to the hearing of applications and the appeal rights that apply.

Part 4
High Court jurisdiction in relation to customary rights orders
This Part (clauses 57 to 71) sets out the jurisdiction of the
High Court to make customary rights orders on the application of any group.
This Part mirrors the provisions of Part 3 as far as those
provisions relate to customary rights orders made by the Maori Land
Court. It sets out criteria for the High Court to apply in determining an
application under this Part. While these provisions reflect the same principles
as apply to an inquiry and determination by the Maori Land Court under
Part 3, they are modified to reflect the fact that this is a
jurisdiction that may be accessed by groups of people who are not Maori.

Part 5
Amendments to Resource Management Act 1991

This Part amends the Resource Management Act 1991 (the Act)
to provide in that Act for the effects of the orders made under the Foreshore
and Seabed Bill.
This Part is in 3 subparts.
Subpart 1 (clauses 73 to 103) provides for the definition of
terms required in the Resource Management Act 1991 to correspond to the
definitions used in the Foreshore and Seabed Bill. It amends section 6 of the
Act to require the protection of recognised customary activities to be dealt
with as a matter of national importance.
Clause 75 inserts new sections 17A and 17B.
These provide for the status and management of recognised customary activities
carried out under a customary rights order in accordance with controls that the
Minister of Conservation may impose on the exercise of these activities.
This subpart adds to the functions of the Minister of Conservation, regional
councils, and enforcement officer. It provides in a number of ways for the
status of the holders of ancestral connection and customary rights orders
within the scheme of the Act, including participation in the preparation of
planning documents.
The subpart provides that access rights and recognised customary activities
are matters that may be included in the New Zealand Coastal Policy Statement.
It also makes provision for the holders of customary rights orders to seek
to change rules in plans or proposed plans where rules allow activities that
could prevent or have a significant adverse effect on a recognised customary
activity.
Amendments to the notification provisions set out the circumstances for when
the holder of a customary rights order must be treated as being adversely
affected. The subpart also provides for the circumstances when restrictions
must be imposed on the grant of a resource consent that may have a significant
adverse effect on a recognised customary activity.
Consequential amendments are required for the provisions in the Act relating
to the Crown's existing rights to resources and to the vesting of land in
the coastal marine area when it is subdivided, and the vesting of reclaimed
land.
There are amendments to the First and Fourth Schedules of the Act, and a
new Schedule 12 is added.
Subpart 2 (clause 104) makes an amendment to a regulation.
Subpart 3 (clauses 105 and 106) sets out transitional provisions.

Part 6
Provisions relating to public foreshore and seabed register,
recognition agreements, and other matters

This Part is in 3 subparts.
Subpart 1 (clauses 107 to 110) requires the Chief Executive
of the Ministry of Justice to keep a public register of all orders made under
the Bill, as well as the agreements entered into under this Part.
Subpart 2 (clauses 111 to 113) provides a basis for the
Minister of Maori Affairs and the Minister in charge of Treaty of
Waitangi Negotiations to enter into an agreement with a group of Maori to
recognise that group's ancestral connection with a specified area of the
public foreshore and seabed. An agreement is to be treated as having the same
legal effect as an ancestral connection order made by the Maori Land
Court under Part 3. In addition, the Ministers may enter into
agreements to recognise territorial customary rights. Every such agreement must
be recorded in the public foreshore and seabed register and notified to
specified persons, including local authorities affected by the agreement.
Subpart 3 (clauses 114 to 117) sets out the regulation-making
powers, and a savings provision, and provides that a provision of this Bill
prevails over a provision of a local Act that is inconsistent with this Bill.
It also provides for consequential and related amendments, as set out in
Schedule 3.

Schedules
The Bill has 4 schedules.
Schedule 1 sets out the procedures for the Maori Land
Court in inquiring into and determining applications under Part
3, including provisions for the commencement of orders, their content
and notification, and procedures relating to the conduct of a hearing by the
Maori Land Court.
Schedule 2 sets out the procedures that apply to the High
Court in the exercise of its jurisdiction under Part 4.
Schedule 3 contains consequential and related amendments. The
principal consequential amendments relate to Te Ture Whenua Maori Act 1993 and
the Conservation Act 1987.
Schedule 4 contains a new Schedule 12 of the
Resource Management Act 1991. This schedule provides a process for an adverse
effects assessment to be carried out and an adverse effects report to be
prepared in relation to a recognised customary activity. It also empowers the
Minister of Conservation to impose controls if a recognised customary activity
has a significant adverse effect on the environment, and provides for the
review of those controls.

Regulatory impact statement
The nature and magnitude of the problem and the need for Government action,
and the public policy objectives that form the basis for the legislation, are
set out in the explanatory note to the Bill.

Feasible options for achieving objectives---the status quo

The status quo would involve,---

o No changes to current law that vests the foreshore and seabed in the
Crown.
This would mean that it would be perceived that the Crown only has a radical
title over the foreshore and seabed, and that title was potentially encumbered
by customary rights of Maori:

o public access across and along the foreshore and seabed that was assumed
to be in Crown ownership would remain as a general privilege, rather than as a
legal right:

o the scope of the common law right of navigation across private title in
the foreshore and seabed would remain unclear:

o resource consents for the occupation of the foreshore and seabed and for
property adjacent to the foreshore would be considered against an uncertain
legal context, because it would not be clear whether regional councils were
able to approve consents until customary ownership claims had been resolved:

o allowing applications to proceed before the High Court to investigate the
nature and extent of the customary rights of Maori, based on the common law.

In addition, under the status quo, applications before the Maori Land
Court would continue to proceed to an inquiry to determine whether the
foreshore and seabed land in question is Maori customary land. This
leaves it potentially open for the Maori Land Court to issue a private
title over the foreshore and seabed. This is an unintended consequence of Te
Ture Whenua Maori Act 1993. At this stage it is unclear how those various
rights would be reconciled with one another and with the current regulatory
systems in place.

Feasible options for achieving objectives---the preferred option
This option involves the development of a new framework to provide a clear
and unified system for establishing rights in the foreshore and seabed. Its
main features are described in the explanatory note to the Bill. The intention
is to provide a clear and unified system that:

o establishes all rights and interests in the foreshore and seabed; and

o works through the consequences for decision-making under the Resource
Management Act 1991 of any customary rights that might be recognised through
the Maori Land Court and the High Court; and

o works through a process for integrating customary rights and interests
with other systems for allocating and regulating activity in the foreshore and
seabed.

Compliance costs
Particular compliance costs will result from the amendments to the Resource
Management Act 1991 that are included in the Bill. There will be initial costs
for both customary right holders and resource consent applicants in becoming
familiar with the new requirements in the Resource Management Act 1991. These
costs will vary and will depend on the types and locations of activities in the
coastal marine area and the numbers and locations of customary rights that are
recognised by the Maori Land Court. These costs can be reduced by
ensuring that affected parties are informed of and have assistance with the new
processes and requirements.

Compliance costs for holders of foreshore and seabed customary right orders
Customary right holders will incur costs if they challenge a rule in a plan
that unreasonably prevents the exercise of a recognised customary right. Such
occasions are likely to be rare if they occur at all. It is more likely that
customary right holders will participate in the normal review process for any
proposed rules in plans.
In the event of a person applying for a resource consent for an activity
that could adversely affect a customary right, the holder of the customary
right would face the costs of consulting with the consent applicant.

Compliance costs for resource consent applicants
Additional compliance costs may arise from the new requirement for resource
consent applicants to assess alternative locations and methods where written
approval is withheld from customary right holders who are adversely affected.
The Act already requires such an assessment where there are potentially
significant adverse effects on the environment. Applications for minor
activities could now result in higher costs because applicants will need to
undertake an assessment of alternatives where a customary right holder
withholds written approval.
The majority (79%) of the 2 500 coastal permits granted annually under the
Resource Management Act 1991 are for minor activities in the coastal marine
area. It is unclear how many of these would be affected by this new
requirement, or how many of these would affect business compliance costs. It is
also unclear how onerous it would be to consider alternatives. It may be that
an assessment of alternative locations or methods would be contemplated by some
resource consent applicants without this additional requirement.
Resource consent applicants already incur compliance costs under the
Resource Management Act 1991 in consulting with local Maori on proposed
activities. The explicit recognition of particular Maori ancestral
connections to areas of the public foreshore and seabed, and of particular
customary rights, will bring greater clarity, and possibly reduced costs, to
this process.

Administrative costs
Local authorities will need to review their plans and policy statements to
check that they do not prevent the reasonable exercise of a customary right.
This is likely to be an ongoing cost as new customary rights may be declared at
any time. However, it is expected that these costs will gradually reduce for
councils as customary rights are identified, and councils develop systems to
ensure that their plan-making takes these rights into account.
Local authorities will face additional costs in assessing whether a
third-party activity might have a significant adverse effect on the exercise of
a customary right. Initially, these costs would be higher as councils develop
new processes. Appeal costs might also be greater initially as applicants test
decisions, although as case law is built up these costs should diminish.
Additional costs will arise from the requirement that local authorities
identify situations where a customary right might be exercised unsustainably
and take steps to assess the effects of the activity. The costs of assessing
the effects of activities on the environment normally fall to the applicant,
but in these cases the onus will be on the regional council to undertake the
assessment. It is expected that most customary rights activities should have
minor effects, and major expense will not be required.
There are also likely to be initial compliance costs for local authorities
in becoming familiar with the new requirements.

The net benefit of the preferred option

The preferred option:

o establishes a new framework for integrating all rights and interests in
the foreshore and seabed:

o provides all New Zealanders with the legal right to reasonable and
appropriate access across the public foreshore and seabed vested in the people
of New Zealand:

o provides certainty to private property holders that their rights and
interests in the foreshore and seabed will generally be upheld:

o provides certainty for relevant local government and central government
decision-makers that they can continue to proceed to make decisions concerning
the use of the foreshore and seabed:

o gives enhanced opportunities to Maori for greater involvement in
decision-making processes involving the public foreshore and seabed through the
issue of ancestral connection orders:

o enables the recognition and protection of the customary rights that are
not adequately recognised and protected at present:

o provides certainty to all New Zealanders about what will happen once a
customary right has been identified.

Consultation
On 18 August 2003 the Government released Protecting Public Access and
Customary Rights: Government Proposals for Consultation, for public comment.
That document was open for submissions for 6 weeks until 3 October 2003.
The Government then engaged in an extensive consultation process. This
involved the distribution of 15 000 copies of the government proposals for
consultation and 23 000 pamphlets. The 0508 Foreshore telephone line fielded
over 650 calls for further information.
Over 60 meetings were held with the following groups:

o Maori hui around the Northland area, Auckland, Thames, Maketu,
Gisborne, New Plymouth, Wellington, Blenheim, Christchurch, and Invercargill
where over 3 000 people attended and 180 oral submissions were heard; and

o interest/sector groups---which represented a wide range of recreational,
sports, fishing interests, and local government; and

o public meetings organised by government members of Parliament, in areas
where people demonstrated an interest in the issue.
In addition, 2 171 written submissions were received on the government
proposals for consultation.
On 17 December 2003 the Government released Foreshore and Seabed: A
Framework which set out a proposed package of measures that were
intended to provide greater certainty of public access, protection of
Maori customary rights, and better input for Maori into the
management of the coastal marine area.
Since December, Ministers and senior officials have undertaken a dialogue
with Maori and other sector/interest groups. This has involved discussing
the Government's proposed policy proposals, options for implementation
(including the nature of proposed legislative amendments), and the link between
the foreshore and seabed policy and other related policy in the coastal marine
area.
The Government has also taken into account a report by the Waitangi
Tribunal, released on 8 March 2004, on its foreshore and seabed policy.



Hon Dr Michael Cullen

Foreshore and Seabed Bill

Government Bill


Contents


1 Title

2 Commencement
Part 1
Preliminary provisions

3 Purpose

4 Interpretation

5 Act binds the Crown
Part 2
Public foreshore and seabed
Right of access

6 Right of access
Rights of navigation

7 Rights of navigation within foreshore and seabed

Act replaces certain common law rights and jurisdictions in respect of
public foreshore and seabed

8 Certain common law rights in respect of foreshore and seabed replaced by
enactments

9 Jurisdiction of High Court

10 No jurisdiction of Maori Land Court to consider existing claims for
customary title

Ownership and management of public foreshore and seabed

11 Public foreshore and seabed vested in the Crown

12 Public foreshore and seabed not to be alienated

13 Rights of owners of legal roads and motorways preserved

14 Additions to public foreshore and seabed resulting from works

15 Extension of public foreshore and seabed by acquisition of land in
private title

16 Provisions relating to existing certificates of title

17 Survey plans

18 Exclusion of interests in foreshore and seabed founded on adverse
possession or prescriptive title

19 Local authorities may apply to Minister for relief for loss of divested
areas

20 Ownership functions to be carried out by Minister

21 Access to areas of public foreshore and seabed may be prohibited or
restricted

22 Failure to comply with section 21

Other enactments not affected

23 Enactments, permits, consents, and other authorities not affected

24 Powers to set aside not affected

Civil liability not affected

25 Civil liability not affected

Consequential repeals

26 Repeal of Foreshore and Seabed Endowment Revesting Act 1991

27 Section 7 of Territorial Sea, Contiguous Zone, and Exclusive Economic
Zone Act 1977 repealed

Findings of High Court with respect to territorial customary rights in public
foreshore and seabed

28 Meaning of territorial customary rights

29 High Court may find that a group held territorial customary rights

30 Finding not to be made if other protection available under law

31 Matters that may be taken into account

32 Procedure

33 Referral of finding to consider redress

34 No relief other than that given by the Crown

Part 3
Provisions relating to Maori Land Court and orders it may make
Subpart 1---Jurisdiction of Maori Land Court and application of Te Ture
Whenua Maori Act 1993
Jurisdiction of Maori Land Court

35 Jurisdiction of Maori Land Court
Application of Te Ture Whenua Maori Act 1993

36 Powers and procedures of Maori Land Court

Subpart 2---Ancestral connection and customary rights orders
Applications to Maori Land Court

37 Applications for orders

Orders of Maori Land Court

38 Maori Land Court may make orders

Determination of applications for ancestral connection orders

39 Determination of applications for ancestral connection orders

40 Overlapping interests

Determination of applications for customary rights orders

41 Limits to jurisdiction of Maori Land Court to make customary rights orders

42 Determination of applications for customary rights order

43 Effect of customary rights order

44 Evidence of customary fishing

Exercise of customary rights order

45 Powers of holder

46 Exercise of customary rights order for commercial benefit

Variation or cancellation of orders

47 Orders may be varied

48 Cancellation of customary rights order

49 Procedures for varying or cancelling orders

50 Basis for varying or cancelling orders

Limitations

51 Limitation on effect of orders

52 Protection of wahi tapu

53 Limitations on exercise of customary rights order

Subpart 3---Procedural matters
Inquiry by way of hearing

54 Inquiry into applications for orders

Appeal rights

55 Rights of appeal against decisions of Maori Land Court

56 Further rights of appeal

Part 4
High Court jurisdiction in relation to customary rights orders
Jurisdiction

57 Jurisdiction of the High Court

Applications

58 Applications for orders

Determination of applications

59 High Court may make orders

60 Limits to jurisdiction of High Court to make orders

61 Basis on which High Court may make determination

62 Effect of customary rights order

Exercise of customary rights order

63 Powers of holder

64 Exercise of customary rights order for commercial benefit

Variation and cancellation

65 Orders may be varied

66 Cancellation of orders

67 Basis for varying or cancelling orders

68 Recording of orders
Limitations

69 Limitations on effect of orders

70 Limitations on exercise of customary rights order

Appeal rights

71 Rights of appeal against decision of High Court

Part 5
Amendments to Resource Management Act 1991

72 Resource Management Act 1991 called principal Act in this Part

Subpart 1---Amendments to principal Act

73 Interpretation

74 Matters of national importance

75 New heading and sections 17A and 17B inserted

Recognised customary activities

17A Recognised customary activity may be exercised in accordance
with any controls

17B Adverse effects assessment

76 Functions of Minister of Conservation

77 Information to be supplied to Minister of Conservation

78 Delegation of functions by Ministers

79 Transfer of powers

80 Duty to gather information, monitor, and keep records

81 Persons to have powers of consent authority for purposes of
sections 37 and 37A

82 Authorisation and responsibilities of enforcement officers

83 Contents of New Zealand coastal policy statements

84 Matters to be considered by regional council

85 Contents of regional policy statements

86 Imposition of coastal occupation charges

87 Matters to be considered by regional council

88 Matters to be considered by territorial authority

89 New heading and sections 85A to 85C inserted

Plan must not allow activity that prevents recognised customary activities

85A Recognised customary activity not prevented by plan

85B Holder of customary rights order may make submission or request
change

85C Powers of Environment Court in relation to plan

90 Forming opinion as to who may be adversely affected

91 When public notification and service requirements may be varied

92 Consideration of applications

93 New section 107A inserted

107A Restrictions on grant of resource consents

94 Vesting of ownership of land in coastal marine area or bed of lake or
river in the Crown or territorial authority

95 Vesting of reserves or other land

96 Proceedings to be heard by an Environment Judge

97 Power of entry for inspection

98 Power of entry for survey

99 Crown's existing rights to resources to continue

100 Vesting of reclaimed land

101 First Schedule amended

102 Fourth Schedule amended

1A Matters that must be included in an assessment of effects on the
environment

103 New Schedule 12 added

Subpart 2---Amendment to regulation

104 Regulation amended

Subpart 3---Transitional provision

105 Continuation and completion of applications, etc, under principal Act

106 Continuation and completion of appeals, etc, under principal Act

Part 6
Provisions relating to public foreshore and seabed register, recognition
agreements, and other matters

Subpart 1---Public foreshore and seabed register

107 Public foreshore and seabed register

108 Requirements for keeping public foreshore and seabed register

109 Inspection and copying

110 Application of Privacy Act 1993

Subpart 2---Recognition agreements

111 Agreements to recognise ancestral connection

112 Agreements to recognise territorial customary rights

113 Registration and notification of agreements

Subpart 3---Regulations, saving, repeals, and amendments

114 Regulations

115 Saving provision

116 Relationship between local Acts and this Act

117 Consequential and related amendments

Schedule 1
Procedures of Maori Land Court in exercising jurisdiction in relation to public
foreshore and seabed

Schedule 2
Procedures of High Court in exercising jurisdiction to determine customary
rights orders

Schedule 3
Consequential and related amendments

Schedule 4
New Schedule 12 of Resource Management Act 1991


The Parliament of New Zealand enacts as follows:




1 Title
This Act is the Foreshore and Seabed Act 2004.




2 Commencement
This Act comes into force on the day after the date on which it receives
the Royal assent.




Part 1
Preliminary provisions

3 Purpose
The purpose of this Act is to integrate, within existing systems for regulating
activities in the public foreshore and seabed, all rights and interests in the
public foreshore and seabed by creating a new legal scheme that---

(a) vests the full legal and beneficial ownership of the public
foreshore and seabed in the Crown to ensure that the public foreshore and
seabed of New Zealand is preserved in perpetuity for the people of
New Zealand; and

(b) provides for general rights of public access, recreation, and
navigation in, on, over, and across the public foreshore and seabed; and

(c) acknowledges the expression of kaitiakitanga by recognising the
ancestral connection of Maori with the public foreshore and seabed; and

(d) provides for the recognition and protection of ongoing customary
rights to undertake or engage in particular activities, uses, or practices in
areas of the public foreshore and seabed; and

(e) enables applications to be made to the High Court to investigate the
full extent of the rights that may have been held at common law, and provides
for formal discussions on redress if those rights are not able to be fully
expressed as a result of this Act.



4 Interpretation
In this Act, unless the context otherwise requires,---

access rights has the meaning set out in section 6

ancestral connection order means a public foreshore and seabed ancestral
connection order made by the Maori Land Court under section 38(1)(a)

Chief Executive means the Chief Executive of the Ministry of Justice

Chief Judge has the same meaning as in section 4 of Te Ture Whenua Maori Act
1993

Chief Registrar means the Chief Registrar of the Maori Land Court appointed
under section 14 of Te Ture Whenua Maori Act 1993

customary rights order means a public foreshore and seabed customary rights
order made by---

(a) the Maori Land Court under section 38(1)(b); or

(b) the High Court under section 59

foreshore and seabed---

(a) means the marine area that is bounded,---

(i) on the landward side by the high water line at mean high
water spring tides; and

(ii) on the seaward side, by the outer limits of the territorial
sea; and

(b) includes the beds of rivers that are part of the coastal marine area
(within the meaning of the Resource Management Act 1991); and

(c) includes the bed of Te Whaanga Lagoon in the Chatham Islands; and

(d) includes the air space and the water space above the areas described
in paragraphs (a) to (c); and

(e) includes the subsoil, bedrock, and other matters below the areas
described in paragraphs (a) to (c)

holder means---

(a) the legal entity that holds the order, in relation to---

(i) an order made under section 38(1); and

(ii) an agreement made under section 111; and

(b) in relation to an order made under section 59, the person that
represents the group on whose behalf an application is made under section 58

legal entity means---

(a) the legal entity declared by the Maori Land Court to represent a
group of Maori for the purposes of holding an order under this Act or the
representative of a group of Maori for the purposes of sections 111 and 112; and

(b) in relation to an iwi, hapu, or whanau, a legal entity constituted
under another enactment; and

(c) in relation to a whanau, a natural person

local authority has the meaning it is given in section 5(1) of the Local
Government Act 2002

Maori Appellate Court means the Court continued by section 50 of Te Ture
Whenua Maori Act 1993

Maori Land Court means the Court continued by section 6 of Te Ture Whenua
Maori Act 1993

Minister means the Minister of the Crown who, under the authority of any
warrant or with the authority of the Prime Minister, is for the time being
responsible for the administration of this Act

order means---

(a) in relation to orders made under section 38(1), an ancestral
connection order, or a customary rights order, or both, as the case may
require; and

(b) in relation to orders made under section 59, a customary rights
order

public foreshore and seabed---

(a) means the foreshore and seabed; but

(b) does not include any land that is, for the time being, subject to a
specified freehold interest

public foreshore and seabed register means the register established,
administered, and amended by sections 107 and 108

public notice means a notice published not fewer than 3 times, with an
interval of not less than 7 days between each publication, in---

(a) a principal metropolitan newspaper circulating predominantly in each
of the cities of Auckland, Wellington, Christchurch, and Dunedin; and

(b) a newspaper circulating predominantly in the area to which the
relevant matter applies

recognised customary activity has the meaning it is given in section 17A of
the Resource Management Act 1991

Registrar means the Registrar-General of Land appointed under section 4 of
the Land Transfer Act 1952

specified freehold interest means an interest that, immediately before the
commencement of this Act, a person other than the Crown or a local authority
has as the owner of---

(a) an estate in fee simple for which a certificate of title or computer
freehold register---

(i) has, before that commencement, been issued; or

(ii) is, at that commencement, to be issued on the basis of an
instrument lodged with the Registrar before that commencement; or

(b) Maori freehold land within the meaning of section 4 of Te Ture
Whenua Maori Act 1993; or

territorial customary rights has the meaning it is given in section 28

(c) land subject to the Deeds Registration Act 1908

territorial sea has the same meaning as in section 3 of the Territorial Sea,
Contiguous Zone, and Exclusive Economic Zone Act 1977

tikanga Maori has the meaning it is given in section 4 of Te Ture Whenua
Maori Act 1993

whanaunga has the meaning it is given in section 4 of Te Ture Whenua Maori
Act 1993.



5 Act binds the Crown
This Act binds the Crown.




Part 2
Public foreshore and seabed

Right of access

6 Right of access

(1) In this section, access rights means---

(a) the right to be in or on the public foreshore and seabed; and

(b) the right to enter, remain in, and leave the public foreshore and
seabed; and

(c) the right to pass and repass in, on, over, and across the public
foreshore and seabed; and

(d) the right to engage in recreational activities in or on the public
foreshore and seabed.

(2) Every natural person has access rights in, on, over, or across the
public foreshore and seabed.

(3) The access rights may be exercised at any time, subject to any limits,
including limits on public access, imposed by or under this Act or by or under
another enactment.




Rights of navigation

7 Rights of navigation within foreshore and seabed

(1) Every person has rights of navigation within the foreshore and seabed.

(2) The rights conferred by subsection (1) include---

(a) a right to pass and repass:

(b) a right to temporarily anchor, moor, and ground:

(c) a right to load and unload cargo, crew, equipment, and passengers:

(d) a right to remain in a place for a convenient time:

(e) a right to remain temporarily in a place until wind or weather
permits departure or until cargo has been obtained or repairs completed.

(3) The rights conferred by subsection (1) include anything reasonably
incidental to the right of navigation.

(4) The rights conferred by subsection (1) may be exercised at any time,
subject to any limits imposed under this Act or by or under another enactment.

(5) Nothing in this section affects New Zealand's international obligations.



Act replaces certain common law rights and jurisdictions in respect
of public foreshore and seabed

8 Certain common law rights in respect of foreshore and seabed replaced by
enactments

(1) On and from the commencement of this Act, the common law rights of
navigation are replaced by the rights specified in section 7.

(2) On and from the commencement of this Act, no rights of fishing are
recognised other than the rights that are created or regulated by or under---

(a) the Fisheries Act 1996; and

(b) the regulations made under that Act; and

(c) the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.




9 Jurisdiction of High Court

(1) On and from the commencement of this Act, the jurisdiction of the High
Court to hear and determine any customary rights claim is replaced by the
jurisdiction of the High Court under section 29 and Part 4, and the
jurisdiction of the Maori Land Court in Part 3.

(2) If a customary rights claim is lodged in the High Court, whether before
or after the commencement of this Act, the High Court may not take any action
other than one of the following:

(a) dismiss the claim; or

(b) if appropriate, treat the claim as an application under section 29
or Part 4; or

(c) if appropriate, refer the claim to the Maori Land Court for decision
under Part 3.

(3) In this section, customary rights claim means any claim in respect of
the public foreshore and seabed that is based on the recognition at common law
of customary rights, customary title, aboriginal rights, aboriginal title,
fiduciary duty of the Crown, or rights, titles, or duties of a similar nature.



10 No jurisdiction of Maori Land Court to consider existing claims for
customary title

The Maori Land Court has no jurisdiction to consider an application,
and the application is of no effect, if---

(a) the application relates to an area of the foreshore and seabed; and

(b) the application is for---

(i) a determination of the status of land under section 18(1)(h)
of Te Ture Whenua Maori Act 1993; or

(ii) a determination or a vesting order under section 18(1)(i) of
Te Ture Whenua Maori Act 1993; or

(iii) a status order under section 131 of Te Ture Whenua Maori Act
1993; or

(iv) an investigation, a determination, or a vesting order under
section 132 of Te Ture Whenua Maori Act 1993; or

(v) an amendment, under section 138 of Te Ture Whenua Maori Act
1993, to an instrument of title; and

(c) the application is made before the commencement of this Act.



Ownership and management of public foreshore and seabed

11 Public foreshore and seabed vested in the Crown

(1) On and from the commencement of this Act, the full legal and beneficial
ownership of the public foreshore and seabed is vested in the Crown, so that
the public foreshore and seabed is held by the Crown as its absolute property.

(2) Subsection (1) replaces all previous statutory vestings in, and
acquisitions of title by, the Crown in respect of any area of the foreshore
and seabed.

(3) Subsection (1) does not affect customary rights that are able to be
recognised and protected under Part 3 or Part 4.

(4) The Crown must administer the public foreshore and seabed in accordance
with this Act and any other enactment that regulates the use of, or activity
on, the foreshore and seabed, whether directly or as land of the Crown.

(5) The Land Act 1948 does not apply to the public foreshore and seabed.




12 Public foreshore and seabed not to be alienated

(1) No part of the public foreshore and seabed may be alienated or otherwise
disposed of.

(2) However, subsection (1) does not prevent the alienation of any part of
the public foreshore and seabed---

(a) by a special Act of Parliament; or

(b) under section 355 of the Resource Management Act 1991.




13 Rights of owners of legal roads and motorways preserved

(1) This section applies to any road or motorway that---

(a) is located in the public foreshore and seabed; and

(b) immediately before the commencement of this Act was owned by a
person other than the Crown (the owner).

(2) The road or motorway must be regarded as separate property capable of
separate ownership from the area under the road or motorway.

(3) The owner continues to own the road or motorway, but the area under the
road or motorway is vested in the Crown on the terms stated in section 11.

(4) The owner is entitled to occupy the area in which the road or motorway
is located, including the area above the road or motorway reasonably incidental
to its use, for as long as the area is used as a road or motorway.

(5) This section applies only to formed roads and to formed motorways and,
accordingly, unformed roads or road reserves in the public foreshore and seabed
are vested in the Crown on the terms stated in section 11.

(6) To avoid doubt, nothing in this section affects section 6 or section 7.

(7) In this section---

(a) motorway has the same meaning as in section 2(1) of the Transit New
Zealand Act 1989:

(b) road has the same meaning as in section 315(1) of the Local
Government Act 1974.




14 Additions to public foreshore and seabed resulting from works

(1) This section applies if,---

(a) under the authority of an enactment, any works are executed on the
public foreshore and seabed; and

(b) in consequence of the works, an area of the public foreshore and
seabed that is immediately adjacent to the works becomes raised in height
(whether gradually or imperceptibly or otherwise) so as to be above instead of
below the line of high water mark at mean spring tides; and

(c) the raising of the area described in paragraph (b) does not take
place under the authority to execute the works.

(2) Despite any enactment or rule of law to the contrary, the raised area
described in subsection (1)(b)---

(a) continues to be vested in the Crown as part of the public foreshore
and seabed; and

(b) remains subject to this Act.

(3) Despite section 12, the Minister of Conservation may, under section 355
of the Resource Management Act 1991, dispose of any raised area
described in subsection (1)(b); and, in that case, section 355
applies with any necessary modifications.

(4) In this section, a reference to works that are authorised includes a
reference to any land reclaimed from the public foreshore and seabed under the
authority of any Act.




15 Extension of public foreshore and seabed by acquisition of land in
private title

(1) The Crown may purchase or otherwise acquire a specified freehold
interest in any part of the foreshore and seabed that is not part of the public
foreshore and seabed.

(2) Any specified freehold interest purchased or otherwise acquired under
subsection (1)---

(a) is vested in the Crown on the terms stated in section 11; and

(b) becomes subject to this Act.




16 Provisions relating to existing certificates of title

(1) Every certificate of title or computer freehold register in respect of
any part of the public foreshore and seabed that is, at the commencement of
this Act, not subject to a current registered interest or a current registered
notification must, on the request of the Minister of Conservation and without
further authority than this section, be cancelled by the Registrar.

(2) If the certificate of title or computer freehold register for any part
of the public foreshore and seabed is subject to a current registered interest
or current registered notification, the Registrar must, on the request of the
Minister of Conservation and without further authority than this section, make
any necessary endorsement on the certificate of title or entry in the computer
freehold register.

(3) A certificate of title or computer freehold register that is endorsed
under subsection (2) is held in the name of the Crown until the expiration,
extinguishment, or determination of the interest or notification, and must
then be cancelled by the Registrar on the request of the Minister of
Conservation.

(4) If the Minister of Conservation makes a request under subsection (1) or
subsection (2) and the part of the public foreshore and seabed concerned is not
electronic transactions land as described in section 25 of the Land Transfer
(Computer Registers and Electronic Lodgement) Amendment Act 2002, the Minister
of Conservation must also---

(a) produce the duplicate of th

oops oh well its here...

http://www.knowledge-basket.co.nz/gpprint/docs/bills/20041291.txt

This makes me suspicious? Could this be abused?



Once again this is suspicious? And allows for potential abuse? Many Maori groups could seek declaration by the High Court that they have entitlement to said parts.



How will that differ to what National Propose?
[/quote]

rival: i think we are more likely to get shafted by the government or the "crown" than we are the maori... remember this is their home, not europeans... who is more trust worthy? the maori without doubt.

don't get me wrong, there is corruption on both sides, but my feeling is that we are less likely to be restricted access by maori "ownership" (for lack of a better word) than the crown owning it.

if the crown owns something then in a few years what's to stop them selling it off to overseas companies or rich folk?

at least the maori will keep it within the country.

I think most people in NZ who are not of Maori descent would consider this to be their "home" as well.

yea but we've only been here for a couple of generations... that's nothing in comparison.

for sure, i feel this is my home, but can also say that i'd probably feel just as at home in england or europe because i have family there. Maori have been here and here only for hundreds of years... that's what i mean. they'd have more of a connection with the land, and a different sort of connection due to their culture.

Well, speak for yourself, but my family have been here for more than a "couple of generations" (thats the European side) ...and when I consider my Maori blood does that mean I identify more with the land than any other person that lives in New Zealand. I will go with the foreshore being in the control of those that represent all NZers.

cactus_genie

I can't ever see the Government selling of parts of the beaches to overseas companies or rich folk without massive civil unrest resulting. I think this is irrational to think that the Government would even try this in this day and age?!?

I feel that the Crown is going to be far more subject to our discent than if certain Maori groups would be, if they end up with entitlement.

It would be best to let the Crown control it in this case. For the greater good - because at least under the Crown everone (regardless of race) will be allowed to go to the beach and enjoy it. Where as the potential for some radical groups to start kicking people off of the beach and causing probs with bridge/habour development is more likely to occur if Radical Maori have entitilement.

But if I had it my way.. Both the treaty and the crown would be torn up.. And New Zealand would become a Republic.

But hey.. I just crazy like that.

this picture is incomplete.

what was the government proposing to give maori before don brash said his thing?

what was the situation before this whole issue even came up?


(i have not been watching the news)

"The Crown" is elected the maori are not. If the Crown benifits we all benefit if the maori benefit then the maori benefit. The "they have been here longer bullshit is a waste of breath when we accept a new immigrant into this country as a citezen we dont put limits on what rights thier children have. The Treaty of waitangi gave all maori the same rights as everyone else.

Unless you are suggesting we evict all the europeans and non-maori (and maybe those with less than 50% maori ancestry)?

How much % maori means you are entitled to claim youre part of a tribe?

[sarcasm]
and that's why there isn't 1/3 of the beaches owned privately already isn't it??
[/sarcasm]

no maori people are ever gonna stop you going to the beach. come on, it's common sense.

take for example forest that have been given to maori, then the maori effectivly gave them back to the crown to look after... then the crown tries to sell it! (i think this particular case was in taranaki, can't remember the exact area but can probably dig it up if required). not to mention the "crown" then convicting people for hunting in those areas, even tho they've been hunting there for generations.

If theyre not going to do anything with it then why do they want it?

i see no reason why they should have it and i see huge reasons why they shouldnt.

...

Hunting wise - the deer are introduced so are the guns and conservation and permits should be followed regardless of race.

If they were to follow the maori ways then fine but if theyre can adapt to modern life then they can adapt to modern rules.

rival, it is relevent and i was just giving it as an example.. it's hardly current affairs...

fair enough about your mate's who had a experience of "maori radicals". I have never come across anyone who would treat me like that so i've never had the reason to suspect that there were people like that.

i feel sorry for your friends.

these comments are exactly the sort of cultural differences that are being faced here.

"if they're not gonna do anything with it..." do anything by what standards? does letting natural native bush regenerate count as "nothing"? does recognizing that "mana" associated an area but not actually developing it into a commercial resource count as "nothing"?

modern life has been thrust upon these people. why must they change, why can't we change to accomodate their needs? modern white folk always seem to take the approach of "well they are much better off now than they were aren't they? what with t.v. cars, guns, g.e., medicine, etc." for sure in some cases they are better off, but in some other cases that is not true. the huge influx in population means TOTAL, COMPLETE change of life style. so why should the government get the first pick and the maori the second best????

'modern life has been thrust upon these people'

wtf?? ‘modern life’ is thrust upon every single one of us the day we are born, the colour of your skin makes no difference at all.

well excuse me for assuming your parents and grandparents and their grandparents haven't had anything do with european values, religious beliefs, customs, etc, and couldn't pass on any of the stuff they learned to their children...

you can't deny that you take on a lot of your outlook from your parents, they likewise have done the same from their parents.

Its not just friends I know who have encounter Maori radicals its many businesses in the greater Waikato area. I can think of loads of cases with Tainui causing problems with the development in that area.

The Waikato Polytechnic got so fucked off with having their developments barred all the time. – (Funny how these barring of developments are dropped when you pay $$$) they moved the site location to entire new area. Where they didn’t have to pay. Good on them! These people are corrupt. It’s mostly to do with $$$ not spiritual manna and culture. People need to realize the corruption going on how our liberal over PC attitudes are being exploited and taken for a ride. It’s causing a massive detrimental effect to New Zealand’s development and economy.

Some of these selfish people can't see the bigger picture and they are essentially shooting themselves in the foot. Some of these developments are for the greater good of these townships and New Zealand as a whole, through education and economy they provide.

Thrust upon? Many of them have openly adopted it, because modern life and the technologies, trade methods, education and knowledge have brought incredible benefits: a massive increase in the standard of living, and constantly improving.

It’s not about getting best and second best it’s about finding a compromise that all people can benefit from. This present tact is going to make it worse for them. Its exactly what Fishboy has stated, if they don’t support Labour they will be worse off under National which is where all the votes will go if they carry on down this path.