14 Mar 2005

Link to earlier FoMA Article: What You Need to Know on the Foreshore and Seabed

Te Runanga o Ngai Tahu with the support of the Treaty Tribes coalition went to the United Nations to complain of Government actions in New Zealand relating to ownership and management of the seabed and foreshore.

In July 2004 the Committee was asked to invoke its early warning procedure in a bid to provide a direction to the Government of New Zealand to withdraw proposed legislation relating to the foreshore and seabed. The directions of the Committee may not be legally binding but it can will put Government's reputation at stake on an international level.

On the 25th February 2005 the Committee on the Elimination of Racial Discrimination considered the situation in New Zealand with respect to the Foreshore and Seabed Act 2004 UN Press Release

On the 11th March 2005 the Committe concluded its sixty-sixth session with a report, which outlined their response to the New Zealand complaint: Press Release - CERD View

The main direction for the Government was that they should re-negotiate the issue with the Maori community. CERD's main criticisms of the Seabed and Forshore Act 2004 is centred on the haste in which it was enacted and the lack of consideration to other options. The relevant paragraph from the statement reads: Bearing in mind the complexity of the issues involved, the legislation appears to the committee, on balance, to contain discriminatory aspects against the Maori, in particular in its extinguishment of the possibility of establishing Maori customary Maori title over the foreshore and seabed and its failure to provide a guaranteed right of redress, notwithstanding the State party's obligations under articles 5 and 6 of the Convention [the International Convention on the Elimination of All Forms of Racial Discrimination.]

The Government is downplaying the decision stating that it is vague and provides only nine paragraphs of justification in its decision. The Government has indicated that the legislation will not be revoked in light of this decision: News Article on Governments Response