16 Nov 2004

After 4000 submissions, 350 oral submissions, and much controversy the Select Committee reported back with the Foreshore & Seabed Bill largely unchanged. On the current trajectory, it seems that iwi protests such as the Hikoi have been in vain.

The second reading and debate upon the Bill is due to take place today under urgency.

In exchange for their support of the Bill, NZ First has stitched up a deal with Government to make changes as part of a supplementary order paper. These changes involve having the Government dump plans to adopt a Maori Land Court bid that would have recognised foreshore and seabed customary rights transferred after 1840.

A Maori Land Court had argued that the planned 1840 rule was too rigid and might inadvertently exclude valid claims. In the 19th century the Native Land Court had made a number of title awards to coastal blocks where the land had been transferred by tikanga Maori to another individual or group after 1840. The court had found that customary title existed on those coastal blocks.

The fate of the legislation in the next few hours is now firmly in the hands of the political process. Unless certain MPs can be persuaded, it is likely that apart from these changes the legislation will pass unchallenged.

For background information on the Takutai Moana see www.teope.co.nz