Greens to oppose discriminatory foreshore legislation

Revised legislation on the foreshore and seabed is discriminatory and repeats the injustices of the original act, the Green Party said today.

“The proposed legislation is discriminatory because it creates one set of rules for Maori title, and another for the 12,500 existing private titles in the foreshore and seabed,” said Green Party Maori Affairs Spokesperson David Clendon.

The Marine and Coastal Area Bill being introduced to Parliament today does not guarantee public access to the foreshore and seabed owned under private title and does not stop these private titles being sold. It also outlines that Maori customary title can be overridden by mining interests whereas private title interests cannot.

“This bill effectively treats Maori rights as second class,” said Mr Clendon.

When the Attorney-General was asked at question time why private titles were being treated differently to Maori title his response was because “two wrongs don’t make a right”.

Mr Clendon said: “The Attorney-General’s answers in the House seem to acknowledge that this bill is creating a wrong to Maori by restricting the rights of hapu and iwi.”

The New Zealand Bill of Rights analysis of the Marine and Coastal Area Bill by the acting Attorney-General found a “prima facie issue of discrimination on the basis of race” because Maori customary title holders will have to “yield to a broad range of activities by others while comparable freehold titles are unaffected.’’

“This Act is essentially the same as Labour’s Act. It undermines the Treaty relationship, and sets down a unreasonably high threshold for proving Maori customary rights. It doesn’t really restore access to the courts because it overrules the common law and replaces it with restrictive tests,” said Mr Clendon.

“It is only fair that Maori common law rights to go to court should be restored, and the public should be guaranteed the right to access all the foreshore not just the parts associated with Maori. This bill does not achieve either of these goals.”

For more information

Marine and Coastal Area (Takutai Moana) Bill – Consistency with the New Zealand Bill of Rights Act 1990 http://www.justice.govt.nz/policy-and-consultation/legislation/bill-of-rights/marine-and-coastal-area-takutai-moana-bill

Foreshore bill repeats original injustice, Green Party press release
http://www.greens.org.nz/press-releases/foreshore-bill-repeats-original-injustice

ENDS

© Scoop Media