Ports speak as one on foreshore claims

By PAM GRAHAM

Fourteen port companies have put a united position to the Government seeking protection for their existing rights to use foreshore and seabed areas.

The submission, prepared by consultant Barrie Saunders, argues for the right to appeal decisions by the Maori Land Court on customary rights to the High Court.

It is being presented because the ports want to reduce the ability of "rent seekers" to charge licence-type fees or require payments for withdrawing claims.

Ports either own or lease the land they operate on and under the Resource Management Act they have a priority of use for water space.

Under the Port Companies Act, community interests express their position through submissions to regional coastal plans and resource consents.

The Government's move to define a public domain has opened up a debate on access, rights to and ownership of coastal areas at a time when ports are being required to tighten security under international law. Rights to land ports may reclaim in the future is also an issue.

"Port companies broadly support the Government's proposals, but require their unique circumstances to be protected fully," the report says.

"There is a grave risk if any legislation for the foreshore/seabed vests in the Maori Land Court the sole power to decide customary rights without a clear direction as to how this then impacts on existing occupation rights, the regulatory process for granting approvals and allocating priorities in the environmental/resource management context will be severely compromised."

Ports handle 98 per cent of the volume of New Zealand's exports and imports. From time to time they change location, as occurred in Northland when Northport developed a new deepwater port next to the Marsden Point Refinery.