Government urged to fast-track foreshore legislation

12.00pm

The Government should have put legislation in place before deciding not to appeal the Court of Appeal ruling on Maori rights to the foreshore and seabed, National Party leader Bill English said today.

It would have to move quickly now to head off a landslide of Maori claims, he said.

The Government has said it will legislate to clarify the law after the Court of Appeal said Maori might have a case for claiming customary title to the foreshore and seabed.

The ruling raised the possibility of Maori gaining private ownership, with the right to sell the land or deny access.

Attorney-General Margaret Wilson announced yesterday there would be no Privy Council appeal against the ruling.

She said a court case could not resolve the wide-ranging issues which had to be addressed.

A team of ministers is negotiating with Maori MPs to find what it calls a win-win solution.

Mr English, who has previously criticised "secret, back-room discussions" said there was no evidence that the Government would produce legislation soon.

"The Government should have acted already to end the uncertainty, confusion and potential legal bills with laws that guarantee crown title over the foreshore and seabed," he said.

"Before the Government cut off that avenue (an appeal to the Privy Council) it should have had strong legislation guaranteeing crown title over the foreshore and seabed in place."

Ms Wilson said yesterday the Court of Appeal decision itself was concerned only with narrow and technical questions of jurisdiction.

"The Government considers these questions can best be addressed by working and talking through the issues, so that policy can be developed to give effect to previously stated objectives," she said.

The Government's determination to legislate has angered Maori leaders and activists, who claim it intends extinguishing Maori rights.

Tino Rangatiratanga Movement spokesman Ken Mair told NZPA Ms Wilson's announcement meant the Government had realised there were no holes in the Court of Appeal ruling.

"If there were gaps they would try to go down that road and try to appeal it," he said.

Mr Mair has threatened to occupy foreshore areas and deny access to government agents if legislation is introduced to Parliament.

United Future leader Peter Dunne said it was time for the Government to be clear about its plans to sort out Maori claims on the foreshore and seabed.

Waiving its right of appeal indicated the Government's intention of legislating, but the treaty negotiations minister had said legislation was a long way off, Mr Dunne said.

"It is simply not good enough that senior ministers negotiate secretly with their own Maori MPs on this issue, while ordinary New Zealand families are left wondering whether they can freely go to the beach or cast a fishing line into the water," he said.

United Future, which supports the Government on confidence and supply votes in Parliament, had said it would support legislation confirming the public's right of access to the foreshore and seabed through crown ownership.

"The uncertainty is bad for the country and it's time the Government spoke openly about just what is really going on," Mr Dunne said.

- NZPA