Hon RODNEY HIDE (Leader—ACT) to the Attorney-General: Is it the Government’s intention to notify local residents that the Minister responsible is considering an application to grant iwi customary marine title over the foreshore and seabed of their local beach; if so, will the procedure for that notification be set out in the Marine and Coastal Area (Takutai Moana) Bill?
Hon CHRISTOPHER FINLAYSON (Attorney-General) : An application is made to the High Court, and the Minister is not responsible for notifying anyone about the application. The notification procedure is set out in clause 102.
Hon Rodney Hide: Is it the Government’s intention that the Minister will hear, before granting an application, from the local residents; if not, why not?
Hon CHRISTOPHER FINLAYSON: I believe that the member is muddling up the procedure. The Minister will not hear any application. As I said, applications are made to the High Court. A person wanting to enter into an agreement with the Crown gives notice of an intention to seek an agreement under clause 93(2).
Hon Rodney Hide: Before the Minister responsible grants the application, is it the Government’s intention that that Minister hear from other people; or how will they get their views put across to the Crown?
Hon CHRISTOPHER FINLAYSON: Once again, the member is muddling up the procedure. The Minister does not grant any application. An agreement is entered into with the Minister on behalf of the Crown, and the agreement will be subject to very intensive scrutiny by Cabinet committees and then Cabinet. Then there is a notification procedure for agreements, which is set out in clause 95 of the bill.
Hon Rodney Hide: Is it the Government’s intention that the Minister will hear, before granting an application, from the local residents; if not, why not?
Hon CHRISTOPHER FINLAYSON: I believe that the member is muddling up the procedure. The Minister will not hear any application. As I said, applications are made to the High Court. A person wanting to enter into an agreement with the Crown gives notice of an intention to seek an agreement under clause 93(2).
Hon Rodney Hide: Before the Minister responsible grants the application, is it the Government’s intention that that Minister hear from other people; or how will they get their views put across to the Crown?
Hon CHRISTOPHER FINLAYSON: Once again, the member is muddling up the procedure. The Minister does not grant any application. An agreement is entered into with the Minister on behalf of the Crown, and the agreement will be subject to very intensive scrutiny by Cabinet committees and then Cabinet. Then there is a notification procedure for agreements, which is set out in clause 95 of the bill.
