United Future gazumped by NZ First

4.00pm

New Zealand First leader Winston Peters has pledged "unequivocal support" for the Government's foreshore and seabed legislation, saying he had insisted on three key provisions during negotiations with ministers.

NZ First's support gives the Government the crucial majority it needs to pass the legislation, even with three of its Maori MPs abstaining or opposing it.

United Future was gazumped by New Zealand First over the legislation but it will continue to support the Government on other matters.

United Future leader Peter Dunne said today his party would oppose the bill after the Government did a deal with NZ First over the legislation, agreeing to only use the term Crown ownership and not include public domain -- a term Mr Dunne felt was crucial.

Mr Peters said the Government sought his party's help two weeks ago, and he set out three conditions:

* The foreshore and seabed be vested in the Crown;

* Customary rights would be for everyone, regardless of race;

* There would be equality for everyone before the same courts.

All those were agreed, and in addition the words "public domain" were removed from the legislation.

Although negotiations went down to the wire today, Mr Peters said he had not introduced any last-minute demands.

The removal of "public domain" from some of the bill's provisions was first raised on March 25.

"The words are meaningless... the phrase would only lead to confusion and mischief," he said.

Mr Peters considered the "customary rights for all" provision was one of the most important in the legislation because it allowed non-Maori to claim those rights.

He cited, as an example, the Auckland regatta which had been going on since September 1840.

"Surely that is a customary right and there are others," he said.

"There are families, I'm certain, who have had uninterrupted use of a beach or a jetty for 150 years and more."

Mr Peters said his party would support the bill through all its stages in Parliament unless significant changes were made during the process, which he did not think would happen.

"They (the Government) have 13 unequivocal votes, and a party that is prepared to argue for this legislation and defend it," he said.

Mr Dunne said he felt the Government's decision reflected the tough world of politics.

"The concern that has led to this decision has emerged in the last 24-hours only.

"We've been working on a constructive basis for eight months now with the Government -- probably enduring some political hits as a consequence of trying to achieve a constructive solution -- and suddenly, because of vagaries in people's understanding within the Government caucus we get gazumped at the 11th hour.

"I don't think anyone can see that as a satisfactory outcome to a political process but it is about numbers at the end of the day and numbers win."

Mr Dunne said the party's opposition to the legislation could change after the first reading of the bill.

"All bets are off post that, it depends entirely what the select committee throws up."

Meanwhile the loss of the term public domain to the legislation was significant.

"...public domain provides a greater strength and certainty for New Zealanders as a whole about the ownership of the foreshore and seabed than the simple assertion of Crown ownership," Mr Dunne said.

"Unadulterated Crown ownership does not prevent a future unscrupulous government from either privatising large elements of the foreshore and seabed for ideological or other reasons.

"Nor would it prevent a future government determine that large parcels of the foreshore and seabed could be dealt with as part of the treaty settlement process for instance."

He said the concept of public domain would have provided a "moral sanction".

After meeting with Prime Minister Helen Clark this morning Mr Dunne decided United Future would continue to give the Government confidence and supply.

"It's fair to say too the Government doesn't feel particularly happy with the course of events it has been forced to embark upon and doesn't like the idea of being thrust upon the tender mercies of NZ First...

"This is a setback in terms of this specific legislation but it won't alter the overall arrangement and I think that is the one element of good news for New Zealanders today."

He was confident the Government would continue its relationship with United Future in good faith and without further surprises.

Mr Dunne had not outlined to Miss Clark what consequences there would be if a similar situation arose but noted she was a "remarkably intelligent and prescient woman" who would be able to draw her own conclusions.

Meanwhile Mr Dunne also hit back at Greens co-leader Jeanette Fitzsimons who accused United Future of being flakey by holding back support over the public domain issue.

'The last people that should refer to anyone as flakey are the Greens. They've made that name entirely their own."

- NZPA