When John Key and Chris Finlayson championed the Marine and Coastal Area Act as the replacement for Labour’s Foreshore and Seabed Act they assured concerned Kiwis that although the new legislation repealed public ownership and provided an avenue for iwi, hapū and whānau to claim customary title, the requirement to prove ‘uninterrupted' and ‘exclusive' use of the foreshore and seabed since 1840 would mean very few claims would be successful.
By the time the 2017 deadline for claims came around hundreds of claims had been lodged for New Zealand’s shores. Our courts are still clogged trying to process them with the Government negotiating nearly twice as many behind closed doors.
Clearly, what is playing out is not what was promised by National in 2011. Instead the Courts have lowered the bar and Customary Marine Titles (CMTs) are being awarded at an alarming rate.
SIGN OUR PETITIONNew Zealand’s shores should be for all New Zealanders. No more closed beaches and cancelled fishing competitions. The land grab needs to end. It is time the Government amends the legislation and restores New Zealand's foreshore and seabed to public ownership.
Almost every square inch of New Zealand's coastline has been claimed, some parts many times over by multiple iwi.
The judiciary has used its power to interpret legislation to push the boundaries of the Act, making it increasingly unlikely for claimants to fail. The overreach has been substantial and it is time for Parliament to reassert some common sense. The Government must sort out this mess as soon as possible so that activist judges cannot continue to carve up our coasts.
Section 58 of the Act is arguably the most problematic with the courts elevating 'tikanga' (Māori customary practices) above common law and ignoring the requirement for proof of 'uninterrupted' and 'exclusive' use of an area since 1840 in order for a customary title to be awarded.
Customary Titles are a property right much like ownership. Holders of customary titles have a right of veto over all resource consents and conservation activities; involvement in coastal planning and policy development; the ability to charge commercial operators, restrict public access through wāhi tapu; and ownership rights to all non-nationalised minerals – including royalties from existing mining operations, back-dated to when the application was first submitted.
The law is meant to protect recreational fishing, navigation, and public access, but in practice this is not the case. We have seen fishing competitions shut down, boulders placed across entrances to beaches, and entire beaches shut off to public access. There is also very little willingness of Police to take action when New Zealanders rights are breached. This effectively means that iwi can bar access unlawfully and no one will stop them from doing so.
While free access is generally guaranteed to individuals under the Marine and Coastal Area Act, customary title holders can shut off parts of the coastline to the public through declarations of wāhi tapu (area of spiritual significance). While wāhi tapu areas can be awarded at the time of title, the legislation allows claimants to later apply to vary their agreement, by application to the relevant Minister.
The New Zealand First coalition agreement includes a promise to amend section 58 of the Marine and Coastal Area Act to make clear Parliament's original intent. The Act Party have also indicated support for this.
The vast majority of New Zealanders have no knowledge that the process of awarding titles to the foreshore and seabed is well underway. There has been some coverage in the media, but it is always reported through rose tinted glasses and does not cover the extensive rights that come with customary titles and deluge of claims.
The lack of media attention has also allowed the National Party to deprioritise the issue. We need to demonstrate to the Government there is significant public support for returning the foreshore and seabed to public ownership.
