Latest news with #ForeshoreandSeabedAct
The Spinoff
2 days ago
- Politics
- The Spinoff
Why the government is changing the Marine and Coastal Area Act
Twenty-one years after the foreshore and seabed hīkoi, legislative changes are being pushed through that will make it harder for many Māori to prove customary title of the takutai moana. Earlier this week the government announced it is going ahead with planned changes to the Marine and Coastal Area (Takutai Moana) Act. The Act is the successor to the infamous Foreshore and Seabed Act, which was passed in 2004 amidst widespread protest from Māori. The current law is based on a compromise struck in 2011 as part of a Confidence and Supply Agreement between the National Party and Te Pāti Māori, which balances Māori rights to the takutai moana (foreshore and seabed) with the rights of the general public to access and use the beach and ocean. This new amendment would undermine that compromise. How does the current law work? The Marine and Coastal Area Act aims to strike a balance between the customary rights of Māori and the rights of all New Zealanders to access and use the foreshore and seabed. To do so, it first preserves a number of general rights for everyone, including rights of access, rights of navigation, and individual fishing rights. At the same time, it provides a way for Māori to have other rights upheld, if they can prove they have held and exclusively occupied the area since 1840, in accordance with tikanga, without substantial interruption. Where those factors can be proven, applicants can be awarded customary marine title. Crucially, customary marine title does not override the rights of other individuals regarding access, navigation and fishing. However, it does give successful applicants a say over larger-scale corporate and commercial activities in their area. Examples of this might be commercial fishing, big building projects, or any other activity likely to have a major adverse effect on the environment. This is not the same as limiting private access. Why does the government want to change the law? In 2023, the Court of Appeal was asked to interpret the test for the recognition of customary marine title. The terms 'exclusive occupation', 'in accordance with tikanga' and 'without substantial interruption', for example, all needed to be interpreted by the Court to make it clear exactly what they meant in practice. What if, for example, two iwi had control of an area according to their tikanga, which allowed each of those iwi to access that area, but excluded all others? Would that count as exclusive occupation under the law? The Court of Appeal decision in 2023 clarified the relevant tests, but the government disagreed with the result. Normally when that occurs, the losing side can appeal the decision to the Supreme Court. That's what happened in this case, but rather than wait for the Supreme Court's decision, in 2024 the government introduced the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill. The bill was specifically designed to overrule the Court of Appeal decision. The Waitangi Tribunal conducted an urgent inquiry on the government's plans last year. Its report said that if the bill was introduced – which it subsequently was – it would breach the treaty principles of partnership, rangatiratanga, kāwanatanga, active protection and good government. Importantly, the Tribunal also dismissed the claim from the government that the bill was just about restoring parliament's original intent, in part because that original intent included acknowledgment of te Tiriti o Waitangi. Chris Finlayson, the former attorney general who helped draft the original law in 2011, reiterated that point about parliament's original intent earlier this week. Did the Supreme Court case go ahead? Yes, and it threw a spanner in the works for the government, but for an unexpected reason – the government won. The Supreme Court disagreed with aspects of the Court of Appeal's interpretation and therefore decided to allow the government's appeal, given 'the importance of correctly stating the test'. The Supreme Court still disagreed with many of the government's arguments, but nevertheless allowed the government's appeal. The decision left uncertainty as to what would happen next. The government had originally said that it just wanted to change the Court of Appeal decision, but the Supreme Court did that for them. So what happens next? If the bill goes through, it will make it far harder for Māori to have their customary rights to the foreshore and seabed acknowledged. The Waitangi Tribunal noted that this is a drastic change, and that there had been no identified public right or interest that requires protection which might justify such a change. As noted by leading Māori lawyer Natalie Coates, the only groups which stand to benefit from such a significant restriction on Māori land rights are those seeking to undertake commercial activity. Although submissions on the bill closed on October 15 last year – with almost 6,700 submissions received – it is unlikely this is the last we'll hear of this issue, especially given its very loaded history. When the Foreshore and Seabed Act was passed in 2004, tens of thousands took to the streets in protest. It would not be a surprise if 20 years later, we're about to see the same response.
Newsroom
06-08-2025
- Politics
- Newsroom
Former Attorney-General criticises Marine and Coastal Areas Act changes
This story first appeared on RNZ and is republished with permission A former Attorney-General and National MP has lashed out at the government over its decision to push on with controversial legislation that would make it harder for Māori to get customary marine title. Chris Finlayson is calling the move foolish and 'extremely harmful' to race relations. But Prime Minister Christopher Luxon says it will see the law returned to its 'original intention' and strike a better balance for the rights of all New Zealanders. The changes to the Marine and Coastal Area (Takutai Moana) Act would toughen the test for judging whether customary rights should be given. Customary title recognises exclusive Māori rights to parts of the foreshore and seabed, provided certain legal tests are met, including proving continuous and 'exclusive' use of the area since 1840 without substantial interruption. A 2023 Court of Appeal ruling, however, declared that groups only needed to show they had enough control over the area that they could keep others from using it, and that situations where the law itself had prevented them from doing so could be ignored. The Supreme Court subsequently overturned that and the government put a pause on any amendments to the law. On Tuesday, Treaty Negotiations Minister Paul Goldsmith said after the discussing the ruling, Cabinet felt it still did not achieve the 'balance' the government wanted and the test to win customary rights was still too low. His comment were echoed by Luxon who, speaking from Papua New Guinea, said the change would get the legislation back to its 'original intention'. 'We obviously have looked at the Supreme Court decision pretty closely [and] think it's quite broad and able to be interpreted in quite a broad way,' he said. 'We think the best way to do [that] is actually to get legislation to put it back to its original intent, which struck the right balance.' Chris Finlayson disputes that, and told RNZ the Supreme Court had already expressed 'very well' what Parliament's intention back in 2010 was. 'These amendments do not restore the original intention of Parliament. They undermine them. Let there be no doubt about that at all,' he said. Finlayson was Attorney-General at the time the legislation was enacted in law in 2011, which replaced the controversial Foreshore and Seabed Act. 'What they are doing by these foolish amendments is destroying the settlement that the National Party and the Māori Party reached in 2010.' Finlayson said there was no justification for the move, which he said was 'extremely harmful' to race relations in New Zealand. 'Tangata whenua have a few wins in court, and it's ripped away from them by the government, which changes goal posts 15 years later. 'I am very, very saddened by what they have done, and I think it's a very bad day for race relations in New Zealand. 'I just can't believe that they're as foolish as they appear to be,' he said. Labour Party Māori Crown-Relations spokesperson Peeni Henare said the changes would restrict the ability of Māori to test their rights in court. 'In 2011, the National Party made much of their commitment to Māori 'having their day in court' and this proposed change takes that away again.' Henare said the law, as it stands today, does not give Māori ownership rights like control over public access. 'This action by the government does nothing to strengthen the Māori-Crown relationship, despite them saying they value iwi Māori. 'The government needs to be straight up and admit they don't care about Māori. Their actions don't match their words,' he said. The amendments prompted fierce backlash from iwi last year, including Ngāpuhi who walked out of an Iwi Chairs Forum meeting with the Prime Minister in protest of the legislation. It also drew the ire of Northland iwi Ngāti Wai, who said at the time they would not accept the Crown 'exercising an authority we do not believe they possess'.
Scoop
16-06-2025
- Politics
- Scoop
Tribunal Asked To Halt Seabed Mine Fast-Track
South Taranaki hapū want the Waitangi Tribunal to halt a fast-track bid to mine the seabed off Pātea. Trans-Tasman Resources (TTR) has applied under the new Fast-track Approvals Act to mine in the South Taranaki Bight for 20 years. The mining and processing ship would churn through 50 million tonnes of the seabed annually, discharging most of it back into the ocean in shallow water just outside the 12-nautical-mile territorial limit. Hapū and iwi are seeking a tribunal injunction to block processing of TTR's fast-track application. The claimants want an urgent hearing into alleged Crown breaches and are seeking to summon Crown officials they say are responsible. They say the Crown failed to consult tangata whenua, breaching Te Tiriti o Waitangi and ignored a Supreme Court ruling against the seabed mine. To get an urgent Waitangi Tribunal hearing, applicants must be suffering or likely to suffer significant and irreversible prejudice, as a result of current or pending Crown actions. Lead claimant Puawai Hudson of Ngāruahine hapū Ngāti Tū said their moana was rich in taonga species. "If seabed mining goes ahead, we lose more than biodiversity - we lose the mauri that binds us as Taranaki Mā Tongatonga [people of south Taranaki]," Hudson said. The area was also subject to applications under the Marine and Coastal Area Act - the law that replaced the Foreshore and Seabed Act. "This is not consultation - this is colonisation through fast-track." The applicants' legal team, who're also of Ngāruahine, say the Wai 3475 claim breaks new ground. Legal tautoko Alison Anitawaru Cole and Te Wehi Wright said the Court of Appeal proved the tribunal's powers to require Crown action in urgent and prejudicial cases, when it summonsed Children's Minister Karen Chhour. They argue the tribunal should be able to halt other urgent and prejudicial Crown actions - such as processing TTR's application under the Fast-track Approval Act (FAA). The Taranaki claimants are: all hapū of Ngāruahine iwi their school Te Kura o Ngā Ruahine Rangi Te Rūnanga o Ngāti Ruanui Ruanui hapū including Ngāti Tupaea Parihaka Papakainga Trust Groups outside Taranaki facing FAA applications have also joined, including Te Rūnanga o Ngāti Porou ki Hauraki. As opponents press their claim, TTR is due to argue its case this week at New Plymouth District Council (NPDC). Trans-Taman said opposition to seabed mining lacked scientific credibility and the waste sediment it discharges would be insignificant, given the load already carried by the turbid Tasman Sea. TTR managing director Alan Eggers is expected to lay out his wares to councillors at a public workshop on Wednesday morning. The company promises an economic boost in Taranaki and Whanganui, creating more than 1350 New Zealand jobs and becoming one of the country's top exporters. The only known local shareholder - millionaire Phillip Brown - last week was reported to lodge a complaint to NPDC, alleging bias by its iwi committee, Te Huinga Taumatua. The Taranaki Daily News reported Brown thought tribal representatives and councillors on the committee talked for too long during a deputation opposed to TTR's mining bid. After the hour-and-a-quarter discussion, Te Huinga Taumatua co-chair Gordon Brown noted it was a record extension of the officially allotted 15 minutes. The committee, including Mayor Neil Holdom, voted that the full council should consider declaring opposition to TTR's mine, when it meets on 24 June. Brown reportedly believed the meeting was procedurally flawed and predetermined. Iwi liaison committees in north and south Taranaki typically relax debate rules to allow fuller kōrero. Taranaki Regional Council's powerful policy and planning committee recently reached a rare accord on dealing with freshwater pollution, when its new chair - Māori constituency councillor Bonita Bigham - suspended standing orders in favour of flowing discussion. Ngāti Ruanui has stood against Trans-Tasman for more than a decade, including defeating their application in the Supreme Court. Rūnanga kaiwhakahaere Rachel Arnott said the Crown should know mana whenua would never give up. "We are still here, because our ancestors never gave up fighting for what is right.
1News
16-06-2025
- Politics
- 1News
Waitangi Tribunal asked to halt Taranaki seabed mine fast-track
South Taranaki hapū want the Waitangi Tribunal to halt a fast-track bid to mine the seabed off Pātea. Trans-Tasman Resources has applied under the new Fast-track Approvals Act to mine in the South Taranaki Bight for 20 years. The mining and processing ship would churn through 50 million tonnes of the seabed annually, discharging most of it back into the ocean in shallow water just outside the 12-nautical-mile territorial limit. Hapū and iwi are seeking a tribunal injunction to block processing of Trans-Tasman Resources' fast track application. The claimants want an urgent hearing into alleged Crown breaches and are seeking to summon Crown officials they say are responsible. ADVERTISEMENT They say the Crown failed to consult tangata whenua, breaching Te Tiriti o Waitangi, and ignored a Supreme Court ruling against the seabed mine. Rachel Arnott - seen here with kaumatua Ngāpari Nui at the NPDC committee now accused of bias - says unlike the miners Ngāti Ruanui will never leave South Taranaki, and will never give up. (Source: Local Democracy Reporting) To get an urgent Waitangi Tribunal hearing, applicants must be suffering, or likely to suffer, significant and irreversible prejudice as a result of current or pending Crown actions. Lead claimant Puawai Hudson of Ngāruahine hapū Ngāti Tū said their moana was rich in taonga species. 'If seabed mining goes ahead, we lose more than biodiversity, we lose the mauri that binds us as Taranaki Mā Tongatonga (people of south Taranaki),' Hudson said. The area was also subject to applications under the Marine and Coastal Area Act – the law that replaced the Foreshore and Seabed Act. 'This is not consultation – this is colonisation through fast-track.' ADVERTISEMENT The applicants' legal team, who were also of Ngāruahine, said the Wai 3475 claim broke new ground. Legal tautoko Alison Anitawaru Cole and Te Wehi Wright said the Court of Appeal proved the Tribunal's powers to require Crown action, in urgent and prejudicial cases, when it summonsed Oranga Tamariki's minister Karen Chour. They argued the tribunal ought also be able to halt other urgent and prejudicial Crown actions – such as processing Trans-Tasman Resources' application under the Fast-track Approval Act. The morning's headlines in 90 seconds, including a push to lift our superannuation age, rising Middle East tensions, and Auckland's amateur footballers face off against global giants. (Source: 1News) Taranaki claimants • All hapū of Ngāruahine iwi • Their school Te Kura o Ngā Ruahine Rangi ADVERTISEMENT • Te Rūnanga o Ngāti Ruanui • Ruanui hapū including Ngāti Tupaea • Parihaka Papakainga Trust. Groups outside Taranaki facing Fast-track Approval Act applications have also joined, including Te Rūnanga o Ngāti Porou ki Hauraki. As opponents pressed their claim, Trans-Tasman Resources was due to argue its case this week at New Plymouth District Council. Trans-Tasman has said opposition to seabed mining lacked scientific credibility and the waste sediment it discharged would be insignificant given the load already carried by the turbid Tasman Sea. Trans-Tasman Resources managing director Alan Eggers was expected to lay out his wares to councillors at a public workshop on Wednesday morning. ADVERTISEMENT The company promised an economic boost in Taranaki and Whanganui, creating more than 1350 New Zealand jobs and becoming one of the country's top exporters. The only known local shareholder, millionaire Phillip Brown, last week was reported to be lodging a complaint to New Plymouth District Council, alleging bias by its iwi committee Te Huinga Taumatua. The Taranaki Daily News reported that Brown thought tribal representatives and councillors on the committee talked for too long during a deputation opposed to Trans-Tasman Resources' mining bid. Te Huinga Taumatua co-chair Gordon Brown noted after the hour-and-a-quarter discussion that it was was a record extension of the officially-allotted 15 minutes. The committee, including Mayor Neil Holdom, voted that the full council should consider declaring opposition to Trans-Tasman Resources' mine when it was due to meet on Tuesday, June 24. Phillip Brown was reported to believe the meeting was procedurally flawed and predetermined. Iwi liaison committees in north and south Taranaki typically relaxed debate rules to allow fuller kōrero. ADVERTISEMENT Taranaki Regional Council's policy and planning committee recently reached a rare accord on dealing with freshwater pollution when its new chair – Māori constituency councillor Bonita Bigham – suspended standing orders in favour of flowing discussion. Ngāti Ruanui has stood against Trans-Tasman for over a decade, including defeating its application in the Supreme Court. Rūnanga kaiwhakahaere Rachel Arnott said the Crown should know mana whenua would never give up. 'We are still here because our ancestors never gave up fighting for what is right. "Tangaroa is not yours to sell: we will never leave, we will be here way beyond Trans-Tasman Resources, they have no future here.' LDR is local body reporting co-funded by RNZ and NZ on Air
