Foreshore and seabed will be owned by the crown

1.00pm

The foreshore and seabed will be owned by the Crown and public access guaranteed under legislation the Government will present to Parliament tomorrow.

Existing Maori customary rights will be protected and any group - Maori or non-Maori - will be able to apply to the courts for new rights.

The Crown will be responsible for regulating the use of the foreshore and seabed.

The legislation was still being drafted this morning and the policy behind it was announced by Prime Minister Helen Clark, Deputy Prime Minister Michael Cullen, and Maori Affairs Minister Parekura Horomia.

Helen Clark said there would be no new private property title granted over any part of the foreshore and seabed.

"Free use of the seashore and beaches is an integral part of New Zealand culture," she said.

"The Government will table legislation tomorrow which ensures that the foreshore and seabed is preserved for the people of New Zealand."

Mr Horomia said Maori traditional rights and interests would be guaranteed, protected and enhanced.

"This legislation upholds the mana of Maori, takes account of the interest of all New Zealanders and has remained true to the initial guiding principles," he said.

"I support the framework promoted in this bill."

Dr Cullen, who has been in charge of months of difficult and divisive negotiations over the policy, said the legislation was an improvement on the proposals released last December and delivered "four square" on the Government's promise to protect public access and guarantee public ownership.

The legislation introduces a category of "activity-based rights" which Maori and non-Maori can apply for, either through the Maori Land Court or the High Court.

Customary rights will no longer depend on establishing ancestral connection.

"The two have been decoupled as the link unnecessarily complicated the process," the Government's announcement said.

"It will now be possible to establish customary rights without first having to establish ancestral connection."

The original concept of a roving commission and regional groups to identify ancestral connections and customary rights has been dropped.

Instead, applications can be made directly to the High Court.

There is a new jurisdiction for the High Court.

Any group can seek a declaration that their rights would entitle them to ownership under common law, and if the court agrees the Government will have to negotiate with the group.

Main points of the Government's legislation

* The foreshore and seabed will be preserved for the people of New Zealand through Crown ownership in perpetuity;

* Maori ancestral connection will be recognised in "particular areas" of the foreshore and seabed;

* Existing customary rights will be recognised and protected;

* There will be full right of public access;

* No private title of any kind can be granted unless there is an Act of Parliament allowing that to happen;

* Navigation along and over the foreshore and seabed is guaranteed;

* Groups can seek a High Court declaration that they may have had a territorial right but for the legislation establishing Crown ownership. Successful claimants can discuss redress with the Government;

* Maori groups will be able to have their ancestral connections recognised by the Maori Land Court;

* Customary rights do not depend on ancestral connection, and can be pursued separately;

* Non-Maori groups will be able to apply to the High Court for customary use rights and territorial customary rights.


- NZPA