Ports say new land belongs to them

Consultant Barrie Saunders represents 15 port company chief executives, that of including Ports of Auckland. Photo / Supplied

The ownership of New Zealand's coastline and the issue of customary title are shaping up as major political issues as the Government prepares to repeal the Foreshore and Seabed Act.

This week, we investigate coastal ownership and examine the implications of scrapping this contentious law. Land Information New Zealand has exclusively released detailed maps and statistics to the Herald about coastal ownership.

Today, in the second of a five-part series, we look at Auckland's beaches and harbours.

Port companies are lobbying for changes which would give them ownership of any land they reclaimed - a right extinguished under the 2004 Foreshore and Seabed act.

They say it is a critical change to repeal legislation being drafted to ensure New Zealand's standard of living isn't compromised.

Consultant Barrie Saunders represents 15 port company chief executives, that of including Ports of Auckland.

The ports want a return to the pre-2004 status, under which when they reclaimed land ports would be granted a fee simple title on the new land created.

The 2004 act led to an amendment to the Resource Management Act which gave the Crown ownership of reclaimed land.

Ports which have capital assets worth more than $3 billion receive a 50-year lease, renewable in perpetuity, provided the reclaimed land is used for port facilities.

Mr Saunders said the lease arrangements were detrimental to ports' ability to plan long term as their economic viability was based on secure and permanent rights to land.

With 99 per cent of exports and imports passing through seaports, New Zealand's living standard was also at risk.

"Exporters must have efficient ports which meet the needs of ever larger vessels for their continued viability," he said.

He had met Attorney-General Christopher Finlayson and other ministers and was "cautiously optimistic" of a positive result.

Auckland University law lecturer David Williams said reclaiming land shouldn't automatically translate into a private property right, and if it did it should revert to Maori.

Mr Williams said Ngati Whatua o Orakei's successful Treaty settlement over reclaimed land in the CBD in the 1990s was a Crown nod to the fact that those reclaimed lands were the basis for a Treaty grievance because it destroyed an iwi's customary practices in an area.

"The present situation needs to be maintained until such times as Maori customary interests have been dealt with in one way or another."

However, in Ports of Auckland's case there was also the issue of ownership passing into private interests.

"Parliament should not be making it possible for that land to be freehold and then to be sold to anyone in the future. Who knows who is going to own Ports of Auckland in 20 years?"

Ports of Auckland referred the Herald to Mr Saunders for comment.

Mr Saunders said ownership of ports shouldn't matter.

"You could distinguish ports from quite a few other parties on the grounds that it's essential infrastructure and it's important to have an environment whereby essential infrastructure can actually operate successfully."