Beaches still free under Maori title, House told

Maori Party co-leader Tariana Turia. Photo / Mark Mitchell

The new bill repealing the foreshore and seabed law does not say access to a beach must be free if it is held in customary title, but Attorney-General Chris Finlayson assured Parliament yesterday that it would be.

He said the rights of customary title holders were clearly set out and "those rights do not include charging for access".

Mr Finlayson absented himself from the House so Maori Party co-leader Tariana Turia could give the first speech in the first-reading debate on the bill in his name.

The Marine and Coastal Area (Takutai Moana) Bill repeals the Foreshore and Seabed Act 2004 and has been sent to the Maori Affairs select committee.

The Act Party argues that the omission of a specific guarantee of free access will before long be interpreted by a court as a deliberate omission that will be read up.

Mr Finlayson's reference to charging in his first-reading speech is important because courts and lawyers often turn to parliamentary speeches if a law's intention is not clear.

Hapu or iwi who successfully claim customary title will have the rights of any other private owner apart from the right to sell the property or ban access other than to burial grounds or "burial ground areas", or ban fishing and navigation.

The bill allows the owners to permit or veto applications for new resource consents.

Any person who breaches that right, such as taking sand without permission, is liable to up to two years' prison or a $300,000 fine.

A company or trust in breach is liable for a fine of up to $600,000.

The bill vests new and extensive regulatory powers in the Minister of Conservation.

Wardens can be appointed and funded to help in banning people from a "wahi tapu or wahi tapu area". Anyone who intentionally fails to comply with a wahi tapu restriction is liable for a fine up to $5000.

Mr Finlayson told Parliament in question time yesterday that Maori seeking customary title in the foreshore and seabed were likely to get funding for historical research.

And he said the burden of proof in seeking or opposing customary title would fall equally between claimant groups and the Crown.

That means not only will Maori have to prove they have had exclusive use and occupation of the area since 1840, if the Crown does not accept it, it will have to prove why it believes customary title has been wiped out.

The information was given in response to questions from the Maori Party, which is fighting perceptions that nothing will change or that the bill is flawed.

Mr Finlayson paid tribute to Mrs Turia's efforts in getting the foreshore act repealed, calling her a "great New Zealander".

Act shattered the back-slapping consensus between the two big parties and the Maori Party when David Garrett suggested "grubby" backroom deals would be done in the Beehive for National's political advantage.

Green MP Dave Clendon also opposed the bill, saying it was based on the premise that customary title was the Crown's to give.

He said the legislation would make Maori "supplicants" in their own country.

Labour will support the bill and MP David Parker continued his claims that his party had created a benign political environment in which the measure could be introduced.

He contrasted it with National's conduct when Labour passed the foreshore act in response to a 2003 Court of Appeal judgment.