Foreshore and seabed legislation
Chapman Tripp comments on the ongoing process that is now the Marine and Coastal Area Bill.
28 March 2011
The Marine and Coastal Area (Takutai Moana) Act 2011, passed last week, is essentially an experiment in political and legal alchemy. Akin to the fabled quest to turn copper into gold, the Act seeks to translate – but also transform – customary, common law and Treaty of Waitangi rights into a self-contained statutory regime. To succeed as an enduring solution, the Government must convince stakeholders and the New Zealand public that the Act has struck the right balance. This Brief Counsel summarises how the Act seeks to reconcile the competing interests.
09 September 2010
The Marine and Coastal Area Bill to repeal the Foreshore and Seabed Act 2004 is expected to go though its first reading in the House next week and will be sent to the Māori Affairs Select Committee for scrutiny. The Government hopes to have the Bill passed before the 2011 general elections and wants it to be a “durable” solution to the issues generated by the Ngati Apa decision and by the previous Government’s response to that decision.
18 June 2010
The Prime Minister’s test for scrapping the Foreshore and Seabed Act 2004 and proceeding with new legislation was that National must have the Māori Party’s support. On Monday, they got it. The timetable from now is that the new Bill will be in the House by August for passage before the end of this year. There will be some opportunity to make submissions on the detail but the big decisions have been taken.
13 April 2010
The Government’s proposal to replace the Foreshore and Seabed Act 2004 (the Act) deserves careful study because it is very close to the limits of National’s political tolerance. Although ostensibly one of four options, it is the only option which is developed at all in the discussion document. This Brief Counsel focuses on how the Government’s preferred approach differs from the existing regime, particularly in relation to customary title, and identifies some potential issues.
01 July 2009
The Ministerial Review Panel looking at the Foreshore and Seabed Act 2004 has recommended that the Act be repealed and replaced with new legislation which establishes an alternative regime.