Foreshore bill passes after marathon session

By RUTH BERRY

Tariana Turia called it the death of democracy while Nanaia Mahuta opted to vote for it, saying the Government wanted to get things right and "we've all got to start somewhere".

The Foreshore and Seabed Bill, the most controversial law the Government has introduced this parliamentary term, passed its final reading yesterday after a marathon session under urgency.

The two Maori MPs gave Labour a huge headache when they refused to support it, with Mrs Turia finally leavingto set up the Maori Party.

Ms Mahuta remained with Labour and yesterday went a step further, saying she had decided for "pragmatic" reasons to support the bill.

"It seems to me by taking this step the door is open for the electorate of Tainui ... to work with a government who is committed to trying to get things right. We've all got to start somewhere."

However, the confederation of iwi in Tainui did not support the bill and "it's for this reason that I will not be standing on the Labour Party list and the electorate will have the final word on me at the next election".

Deputy Prime Minister Michael Cullen, who has steered the bill through, said: "A lot of the anger around this bill stems from the fundamental misconception of what the Court of Appeal actually said. It did not say Maori owned the foreshore and seabed, only that the Maori Land Court had jurisdiction to hear Maori customary claims.

"And the court made clear its views that these would be unlikely to apply to large areas."

National leader Don Brash said the bill asserted Crown ownership only superficially, because it is "so heavily qualified as to be meaningless".

"Large tracts of New Zealand foreshore and seabed will be handed over to small groups of unelected, undemocratic tribal elites."

If the Government had simply moved to immediately legislate for Crown ownership, the many months of anger and anguish would have been prevented.

National would have voted in support had this been done, he said.

New Zealand First leader Winston Peters, whose party gave the Government the votes it needed to pass the bill, pointed out that despite his criticism Dr Brash had not said he would repeal the bill.

New Zealanders would soon wonder what all the fuss had been about "because come Christmas paradise would have been restored".

Green Party spokeswoman Metiria Turei was close to tears when she lamented the bill's passage, describing it as a "shameful confiscation".

She warned that the issue would increase racial tension.

Mrs Turia said the bill took the country back to the 19th century and the Government had sacrificed the seats of its Maori MPs in the process.

"Creating reserves in the bill is just another way of trying to influence Maori to believe they will have a management right."

The process establishing them would be arduous, and the boards would manage the reserves on behalf of the public, without capacity to collect fees.

"We are not only being robbed, but we're being asked to do community service for the rest of our lives."

United Future leader Peter Dunne said it was a "a very sad day for this country".

The issue was one that transcended party politics and true political leadership in Parliament would have seen a cross-party accord reached.