Hon Christopher Finlayson

Attorney-General

24 March 2011

Media Statement

Marine and Coastal Area (Takutai Moana) Bill Passes

The House this afternoon passed the Marine and Coastal Area (Takutai Moana) Bill, which repeals and replaces the Foreshore and Seabed Act 2004. The Bill restores access to the courts to seek recognition of customary title, and guarantees the rights of all New Zealanders in the common marine and coastal area.

“The third and final reading of this bill marks the completion of more than two years of consultation and policy development on a matter that has vexed us as a nation for almost a decade,” Attorney-General Christopher Finlayson said.

“50,000 New Zealanders marched on Parliament to seek access to the Courts in 2004. Over the last two years it has become clear all Parliamentary parties want to change the failed existing law to restore that right of access to justice.”

“The bill the House has passed this afternoon is a just and durable resolution to the issue, and recognises the rights of all New Zealanders in the common marine and coastal area,” he said.

The Bill ensures the common marine and coastal area cannot be sold off and that all New Zealanders can always enjoy their rights of recreation and access – to walk, swim, fish, sail, dive, surf, picnic or play. It guarantees public access, fishing, navigation, and existing use rights.

The Bill restores the right to seek recognition of customary marine title in the common marine and coastal area through the Courts - a fundamental common law right confirmed by the Court of Appeal in the 2003 Ngati Apa case, but subsequently taken away from Maori by the 2004 Act.

The Bill sets out tests for proving customary marine title based on the Court of Appeal’s decision in the Ngati Apa case, as well as the common law in Canada and Australia. It also sets out the rights customary marine title holders may exercise, such as guardianship and development rights. These rights do not affect public access.

The Maori Affairs select committee reported the Bill back to Parliament on 9 February 2011 after considering it for five months. The Bill’s second reading was delayed when Parliament was adjourned following the Canterbury earthquake. It passed its second reading on 8 March 2011.

More information about the Bill is available here:

http://www.beehive.govt.nz/feature/common-marine-and-coastal-area

The Bill, as passed by the House, can be viewed here:

http://www.legislation.govt.nz/bill/government/2010/0201/latest/DLM3213131.html

The Bill will come into force the day after it is given Royal Assent by the Governor-General

ENDS

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