Brownlee Gerry: Foreshore and Seabed Bill — In Committee Speaker Recalled In Committee 
Brownlee Gerry: Foreshore and Seabed Bill — In Committee Speaker Recalled In Committee 
[Volume:621;Page:17125] 
GERRY BROWNLEE (Deputy Leader—National) 
: 
 This clause is a piece of work on which Dail Jones really should be patting himself on the back. This part is an amazing piece of work. These clauses are absolutely amazing and Dail Jones will forever be walking around in white shoes with a gold dangly around his neck known as the man who came to town with the chequebook to buy off all the applicants to the territorial title claims and territorial rights claims to the seabed and foreshore. 
When one reads through the bill one sees that it starts off very gently and makes comments about the chief executive of the Ministry of Justice having to register all these titles rights agreements and various other things. But then when we look at the actual meat and potatoes of the part—that is right around clause 112 which I know a lot about and clause 115 which I think is now called clause 115A—we see a picture especially if we go to the latter clause 115 whereby there is nothing in this bill to stop any appropriately appointed Government Minister doing a deal with Maori treaty claimants to give them title full beneficial ownership to the seabed and foreshore. That Government Minister would most likely be the Minister in charge of Treaty of Waitangi Negotiations. 
As we spoke of before in another clause—because it is in the bill twice just to make sure that Tainui know it is in there—this is the “Tainui get us off the hook.” clause the “Welcome back to the camp Nanaia Mahuta!” part of the bill. We know that Raglan Harbour is very shortly to be signed over—the Minister of Maori Affairs has just confirmed it—lock stock and barrel to Tainui supposedly as a treaty settlement. This bill that is to protect the seabed and foreshore and to put it into public ownership is going to allow just that.  
Then when we look back in the bill to the changes that were made around clause 112 we see that the Minister of Maori Affairs and the Minister in charge of Treaty of Waitangi Negotiations can go to— 
Hon Parekura Horomia 
: I will go to the High Court! 
GERRY BROWNLEE 
: I will tell them that; the poor fellow has not read the bill!—a Maori claimant group a group claiming a territorial right or a customary right on a stretch of coastline and can say: “All right we’ll negotiate with you. We will get all this done we will ratify it but you’ll guarantee to hand the title back to the Crown—and we’ll give you a cheque.” That is what clause 112 states.  
I am fascinated that Mr Jones is sitting there wondering what he has done. His colleagues are sitting next to him saying: “No he can’t have.” Well he has. Clause 112(1) is very simple: “The Attorney-General and the Minister of Maori Affairs may enter into an agreement with a group to recognise that but for the vesting of the full legal and beneficial ownership of the public foreshore and seabed in the Crown …” and so on. Once they have agreed the applicant group simply takes the affidavit the bit of paper signed by those two Ministers that says clauses 28 and 31 have been satisfied.  
Well when we go back and have a look at those clauses we see that they will be given just a bit of a cursory glance. The Ministers do not have to prove a darn thing as they would in a court. Oh the thumbs are up over there; they know it; they do not have to prove a thing. They will get the affidavits and do the little sweetheart deal and the High Court will have no choice other than to give the rights. Then they will go back into the backroom and work out just how the cheque—it will already have been negotiated how big it is—will be paid over. 
I can see the Minister in charge of the bill shaking his head. Well I tell Mr Cullen that I am sorry but throughout the day—