3. Hon TAU HENARE (National) Link to this
to the Attorney-General
What progress has the Government made in its response to the review of the Foreshore and Seabed Act 2004?
Hon CHRISTOPHER FINLAYSON (Attorney-General) Link to this
Today the Government released a public consultation document outlining the Government’s preferred approach and seeking feedback from the public on each aspect of that broad framework and the various options within it. The current Act has proved to be anything but an enduring solution. Significant numbers of New Zealanders have complained, and continue to complain, that that Act is unfair and discriminatory. It is important that we find an enduring solution, so I am very much looking forward to hearing what New Zealanders have to say.
Hon CHRISTOPHER FINLAYSON Link to this
The panel advised repeal and enactment of replacement legislation. The Government has carefully considered the report, and in the months since the panel reported it has been engaged in an extended conversation with iwi representatives and other interested parties. The Government has picked up, and is consulting on, a number of the panel’s recommendations, including repeal of the Act, protecting public access, removal of formal Crown ownership, providing for recognition of customary title, and restoring the fundamental right of access to the courts.
Hon Parekura Horomia Link to this
Did the Prime Minister say that people would see little change because the Government’s preferred option is really just to repeal and re-enact the current law?
Hon CHRISTOPHER FINLAYSON Link to this
The current Act does not include that fundamental right of access to the courts so that people can seek justice. That is what caused so much ill feeling in 2004, and it is what we are trying to address.
Rahui KateneHow will the Government avoid making the same mistake identified by the ministerial review panel in 2009, which characterised the former Government’s decision to legislate as unacceptably interventionist and overriding the option of allowing the judicial process to take its course, thus removing the right to due legal process?
Hon CHRISTOPHER FINLAYSON Link to this
The most important thing I think we can do as we contemplate repeal and a new enactment is to ensure that any reform recognises the fundamental right of access to justice that all New Zealanders have.
Hon CHRISTOPHER FINLAYSON Link to this
Over the next month I will be attending quite a number of hui—I think it is 11 hui—and numerous other public meetings throughout New Zealand.
Hon CHRISTOPHER FINLAYSON Link to this
The aim of these meetings is to consult with interested parties on the Government’s proposals for reform. Following that consultation I will be reporting to Cabinet, and final Cabinet decisions can be expected in late May and June. I will tell Mr Horomia when I will be in Gisborne, because I look forward to his positive participation.
David GarrettHow is the Government solving the problem by recommending that no one owns the foreshore and seabed, and establishing an entirely new legal concept of takiwā iwi whānui, the legal meaning of which can be determined in the future only through case law?
Hon CHRISTOPHER FINLAYSON Link to this
There are essentially four options. There is absolute Crown ownership, which is what the previous Government tried, which was unacceptable—
I raise a point of order, Mr Speaker. I did not ask the Attorney-General what the options were; I asked how one of the options recommended by the Government could solve the problem. I did not ask for a list of the options.
Hon Simon PowerThe Attorney-General had barely got the first option out. I am sure that, knowing him, he was preparing a well-crafted answer directly in respect of the question asked, and giving it the context that he usually does.
Mr SPEAKERIn fairness to the member who feels that his question was not being answered, I invite him to repeat his question so that everyone can be absolutely sure exactly what he asked, and we will listen to the answer with interest.
How is the Government solving the problem by recommending that no one owns the foreshore and seabed, and establishing an entirely new legal concept, takiwā iwi whānui, the legal meaning of which can be determined in the future only through case law?
Hon CHRISTOPHER FINLAYSON Link to this
There are a number of options, and the member does not want to hear the detail of them, but the Government considers that the public domain concept is a very sensible way of proceeding to deal with this issue in that it provides a staging post where customary title can be investigated.
Hon CHRISTOPHER FINLAYSON Link to this
The answer is yes, and public access was never legislated for before the 2004 Act. One of the aspects of that Act was that it made it clear beyond peradventure that there is public access, and those provisions confirming public access will be carried over.
I call the Hon Ruth Dyson to ask question No. 4. [ Interruption] I ask all members, including a colleague of the Hon Ruth Dyson who is right beside her, to please show some courtesy to the Hon Ruth Dyson.
Hon Trevor Mallard Link to this
I raise a point of order, Mr Speaker. We had called for the Minister to give a legal translation for members down here.