Hon Christopher Finlayson

DAVID GARRETT (ACT) to the Attorney-General: Are iwi and hapū who gain ownership of the foreshore and seabed by negotiation with the Government likely to gain a title with greater or different rights from those granted by the courts?

Hon CHRISTOPHER FINLAYSON (Attorney-General) : No. Let me say, though, that the member referred to “ownership” in his question. I think it is important to emphasise that we are talking about customary title, which is not to be equated with a freehold title, or a fee simple title. Customary title holders will not be able to exclude the public or sell the foreshore and seabed. Where customary title can be proved, it will sit alongside the public space rights of free, public access, fishing, navigation, and existing use rights. Customary title does not exclude these guaranteed public rights.

David Garrett: Will iwi whose claims for customary title of the foreshore and seabed are turned down by the courts be able subsequently to gain ownership or customary title of the foreshore and seabed through negotiations with the Crown?

Hon CHRISTOPHER FINLAYSON: I would have thought that in most cases it would be the other way round: iwi or hapū would seek to negotiate with the Crown and if they were dissatisfied they would commence proceedings.

David Garrett: Who will gain a greater degree of ownership and a greater area of ownership: iwi who claim through the courts or iwi who claim through negotiations with the Crown?

Hon CHRISTOPHER FINLAYSON: All issues as to where customary title will be granted, be it negotiations or through the courts, are intensely factual questions and cannot be answered in the abstract as the member asks me to do.

Te Ururoa Flavell: Tēnā koe, Mr Speaker. Kia ora tātou. Is the Minister aware that the UN special rapporteur on indigenous peoples, James Anaya, in his recent visit to New Zealand, recommended a new legislative arrangement that “avoids any discriminatory effects and establishes measures to recognize and protect rights” of iwi over the foreshore and seabed; and what progress has been made in achieving this?

Hon CHRISTOPHER FINLAYSON: Yes, the Government is addressing the extinguishment of legal and other rights caused by the 2004 Act, while protecting public access, fishing, and navigation rights so that all New Zealanders can enjoy our beaches.

Te Ururoa Flavell: Does he agree with Ngāti Porou chairman, Dr Apirana Māhuika, that the comments of the Coastal Coalition, a lobby group opposed to Māori claiming customary title to parts of the foreshore and seabed, is “right-wing anti-Māori invective”; and what response, if any, will the Government make to its campaign of what iwi describe as ill-informed scaremongering?

Hon CHRISTOPHER FINLAYSON: I always prefer not to get into personalities but rather to take a principled approach to these issues. That has always been my style. Those issues are ensuring public access to the foreshore and seabed, ensuring access to justice for all New Zealanders, and respecting everyone’s property rights.