Speech ban ends for foreshore bill

Photo / Brett Phibbs

The Government caved in to delaying tactics on its new foreshore bill yesterday, allowing its MPs to make speeches after three days of silence in an attempt to speed up progress.

The National Party had hoped the bill would pass its final reading this week - but delays from opposing parties meant that will not happen until at least next Thursday, after a protest hikoi is due to arrive in Wellington.

MPs yesterday debated the process to allow hapu and iwi to test their claims to customary title and rights either through the courts or through negotiations with the Government.

It is the main issue parties are divided on: Act and the Labour Party oppose government-negotiated agreements and favour allowing iwi to test claims in the courts only.

Labour's shadow attorney-general, David Parker, unsuccessfully sought to remove government-negotiated settlements or at least require the High Court to scrutinise them and confirm that any such deals met the required tests in law.

He said the High Court had long been the "effective guardian of Maori aspirations for property rights" and the task should be left to it alone, rather than the Government.

He rejected National MP Tau Henare's claims that the bill would be a durable settlement of the issue, saying he did not believe the grievances of iwi such as Ngai Tahu - which believed it would get little from the law - would go away regardless of whether those iwi would get any more success in the courts.

He said the Maori Party had created an expectation among Maoridom which could never be delivered on.

"This should be called the 'failed attempt at a settlement bill' and I think it's lamentable because we came so close."

Mr Henare said there was no reason for Labour not to support the bill. Reaching a more acceptable solution on the foreshore and seabed would allow the country to "move on and deal with issues such as unemployment".

Labour, the Green Party, Act and independent MPs Chris Carter and Hone Harawira all oppose the bill. Delaying tactics - including hundreds of mischievous amendments from Act - have dragged the debate on for three days already.

Act deputy leader John Boscawen said he made no apologies for delaying progress because of his party's concerns with thebill.

"You'd think it would be a simple thing to repeal the 2004 act and send it back to the courts, but no, the National Party wants to add to the mess Labour made."