Beach access sacred in review, says Key

The Maori Party says public access to the nation's beaches has never been threatened by iwi authority claims. Photo / Martin Sykes

Prime Minister John Key has emphasised that the Government's bottom line for any changes to the Seabed and Foreshore Act is for public access to beaches to be protected.

Mr Key, Attorney General Chris Finlayson and Maori Party co-leaders Pita Sharples and Tariana Turia announced the terms of reference for the review into the controversial act yesterday.

The review is part of the Maori Party's support agreement with National and any changes the Government decides to make as a result are expected by the end of the year.

Although the Government is not bound by the panel's findings, yesterday both Mr Key and Mr Finlayson said they expected changes would be made and the door was open for a repeal of the act.

However, Mr Key was careful to emphasise that public access to beaches would not be compromised. He said he believed a "more enduring" solution could be found.

"The National Party has spelled out our bottom line, which is that the basic rights of New Zealanders' access to the foreshore and seabed would have to be preserved in any new legislation that might be proposed."

The Maori Party co-leaders were quick to back him. Tariana Turia said it was not an issue about public access, which had never been in danger. "What we are hoping will come out of this issue is that the rights of access to the beaches will be protected for all New Zealanders because they were never under threat, and that iwi will have their mana restored to take whatever process they choose to prove that they continue to hold authority over those areas of land that are customary."

Mr Key said repeal or changes were possible and the current law was "hideously complex" and put significant demands on the Crown and iwi when trying to resolve settlements.

Dr Sharples said he expected the panel would recommend a change "because there's so much wrong with it". He said he wanted a repeal so that due process could follow.

However, this was a chance to do so without "the heat and anger" of 2004.

"I really don't think there is any desire to go through that controversy again."

However, Labour leader Phil Goff said the review had the potential to be "extremely divisive, setting Maori against Pakeha".

While he was willing to work constructively on the review, he believed the existing law was the best way to deal with the issue.

He said National lacked credibility on the issue because of its 2005 "iwi versus Kiwi" campaign to capitalise on fears Pakeha would be blocked from beaches.

The panel was appointed by Attorney General Chris Finlayson and will be chaired by former Maori Land Court judge and Waitangi Tribunal member Eddie Durie. The other panellists are Maori resources academic Richard Boast and educationist Hana O'Regan, the daughter of Sir Tipene O'Regan.

Public meetings and hui will be held in April and May and the panel will also rely on expert commentators and submissions on the act when it was going through Parliament. The deed of agreement signed by Ngati Porou will be protected from any change but all other negotiations for settlements under the act will be put on hold until after the review.