New Zealand Foreshore and Seabed Controversy - Legislation

Legislation

On the 18th of November 2004, the Labour/Progressive government passed the Foreshore and Seabed Act, which declared that the land in question was owned by the Crown. Māori can, however, apply for "guardianship" of certain areas. The Act was highly contentious.

The government's foreshore and seabed bill passed its first vote in Parliament on the 7th of May 2004, backed by Labour, the Progressives, and New Zealand First. The National Party opposed the bill, saying that it gave too much control to Māori, United Future opposed it due to the removal of the public domain concept and ACT opposed it on the grounds of the legislation being retrospective, that it was a denial of property rights (in this case Māori property rights), and that it was an unwarranted incursion by the Crown into areas that were specifically Tikanga Māori . The Greens, another party in Parliament to take a position similar to that of the Māori protesters, also voted against the bill, saying that it overrode Māori rights and offered no guarantee that the land would not later be sold. Tariana Turia and Nanaia Mahuta both voted against the bill. The final vote tally was 65 in favour and 55 against. The Deputy Prime Minister, Michael Cullen, told Parliament that the bill "safeguards the seabed and foreshore for everyone", protecting the rights of both Māori and non-Māori. Opposition to the bill remained strong, however, and protests and criticism continued as the government's legislation progressed.

The bill's passage through its first vote meant that it was then considered by a special select committee of Parliament, which heard public submissions on the matter. The select committee having allowed six months for submissions, reported back to the parliament in November that they had been unable to agree on a position and were therefore reporting back the bill with no recommendations whatsoever. The bill, slightly amended by the Government itself, passed its second vote on 17 November 2004 by the same margin as in the first vote. It was then considered by a Committee of the House (with Parliament sitting under urgency). It finally received its third vote on 18 November 2004. The final vote tally was 66 in favour and 54 against — Nanaia Mahuta, who had previously voted against, this time voted in favour.

On December the 15th, the legislation was modified slightly after it was realised that as it was written, the Act nationalised all council-owned land reclaimed from the sea. This includes areas such as Auckland's Britomart and Wellington's waterfront. This was not part of the intention of the act.

The United Nations Committee on the Elimination of Racial Discrimination, after being asked by Te Runanga o Ngai Tahu to consider the legislation, issued a report on March 12, 2005 stating that the foreshore and seabed legislation discriminates against Māori by extinguishing the possibility of establishing Māori customary title over the foreshore and seabed, and by not providing a means of redress. Tariana Turia and the Māori Party claimed this as a significant victory, although the report has not prompted any change in government policy.