Hon Christopher Finlayson

DAVID GARRETT (ACT) to the Attorney-General: Will any legislation replacing the Foreshore and Seabed Act 2004 contain a clause preventing the Māori owners of sections of the foreshore and seabed held under customary title from charging or attempting to charge other New Zealanders for access to the beach?

Cabinet has not yet made final decisions on the content of the draft legislation. It is not for me to prejudge Cabinet deliberations, and, of course, one must pay close attention to the detail of the legislation. What I can say is that public access in, on, and over the public foreshore and seabed will be guaranteed, subject to authorised limits, such as for public health and safety reasons. For example, no one reasonably expects the public to have unfettered picnic rights at naval bases. David Garrett: How will the Māori ownership of sections of the foreshore and seabed differ from Ngāi Tahu’s ownership of the bed of Lake Ellesmere, vested in the tribe under section 168 and following sections of the Ngāi Tahu Claims Settlement Act 1998, which has led to Ngāi Tahu charging eel fishers 8 percent of the value of their catch?

Hon CHRISTOPHER FINLAYSON: In the case of Ngāi Tahu, that was a statutory vesting under the settlement Act of 1998. Customary title will be awarded under the replacement to the 2004 legislation, and public access will be guaranteed.