Foreshore Act's future 'to be known this year'

The introduction of the Act in 2004 led to widespread protest. File photo / Alan Gibson

A three-person panel is to complete a ministerial review of the controversial Foreshore and Seabed Act by July, the Attorney General has announced.

Attorney-General Chris Finlayson said the panel would report back to him by June 30.

The review was part of National's confidence and supply agreement with the Maori Party drawn up after last year's election.

It will look at whether the 2004 Act adequately balances Maori customary interests and the rights and interests of all New Zealanders in using the beach.

"The Government expects to make a decision on the future of the Act by the end of the year," Mr Finlayson said.

The ministerial panel will hold public meetings on the Act around New Zealand during April and May as well as reconsidering submissions made to Parliament when the original act was passed.

It will be chaired by former High Court judge and Waitangi Tribunal chair Justice Edward Taihakurei Durie.

The other members are barrister Richard Boast, an Associate Professor at Victoria University specialising in property law and Maori legal issues, and Hana O'Regan, an educationalist specialising in Maori culture and identity.

Welcoming the terms of reference announced today, Prime Minister John Key said his government recognised the Maori Party's concerns over the Act.

"Likewise, the Maori Party recognises the public interest and concern of all New Zealanders to ensure that their usage of the foreshore and seabed is protected."

Maori Party co-leader Pita Sharples said the issue "goes back to the foundations of our party, the identity of our people as tangata whenua, and us fulfilling our promises to the people".

Co-leader Tariana Turia said she was open to hearing the panel's recommendations.

"We want to put right an injustice that should never have happened, but we do not want to create another injustice for anyone else."

Mr Finlayson said he had worked closely with the Maori Party in setting out the scope, timing, and consultation requirements of the review.

"The panel will consider the state of the law around Maori customary interests in the foreshore and seabed prior to the Court of Appeal's 2003 decision in Attorney-General v Ngati Apa," Mr Finlayson said.

"It will also look at the options that were open to the government in deciding how it chose to respond to the court's decision."

The original legislation was sparked by a Court of Appeal ruling that said the Maori Land Court had had jurisdiction to hear claims to territory below the high tide mark.

The Act confirmed Crown ownership of New Zealand's foreshore and seabed in perpetuity. Tens of thousands of people had marched in protest against the bill which was viewed by many as a 'land grab', taking away private land and customary rights from Maori.

Labour MP Tariana Turia left the party in protest at the legislation and formed the Maori Party.

- NZHERALD STAFF