6. Hon DAVID PARKER (Labour) Link to this
to the Attorney-General
Will the threshold tests for the establishment of customary interest in the foreshore or seabed be altered from those which currently apply under the current Foreshore and Seabed Act; if so, will those new thresholds be defined in statute or left to the courts?
Hon SIMON POWER (Minister of Justice) Link to this
Cabinet has not made a decision on these matters. The Government is taking a thorough, consultative approach to its review of the Foreshore and Seabed Act, and Cabinet will make final decisions on these issues next year, after that consultation has been completed, not before. In respect of the second part of the question, whether threshold tests are defined in statute or left to the courts is also yet to be determined.
If the Foreshore and Seabed Act 2004 is amended or repealed to allow a customary title to be sought for areas of seabed or foreshore, is legislation likely to be needed to prevent the conversion of such customary titles to alienable freehold titles?
As I said in answer to the primary question, decisions by Cabinet have not yet been taken on this matter, and whether any consequent decisions will need to be made by way of statute or otherwise also remains to be determined by Cabinet.
Did representatives of Ngāti Porou ask the National-led Government to honour the foreshore and seabed agreement they reached under the existing Foreshore and Seabed Act with the previous Government, and to proceed with the resulting Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill?
The member will be aware that there would be no need for such a request, because the Crown and Ngāti Porou have a binding agreement that can only be varied by the agreement of both parties. National’s 2008 election policy undertook to honour agreements already reached under the Foreshore and Seabed Act. This Government keeps its promises.
I raise a point of order, Mr Speaker. My question asked whether representatives of Ngāti Porou requested that the Government continue with that agreement. The question was not answered.
Mr SPEAKERWith respect, I thought the Minister said there was no need for such a request, because of certain agreements. By that answer, I thought he had answered the member’s question.