Garrett David: Questions for Oral Answer — Questions to Ministers 
Text is incorporated into the Bound Volume 
Garrett David: Questions for Oral Answer — Questions to Ministers 
[Sitting date: 18 August 2010. Volume:665;Page:13200. Text is incorporated into the Bound Volume.] 
3. 
DAVID GARRETT (ACT) 
 to the  
Attorney-General 
: Are iwi and hapu who gain ownership of the foreshore and seabed by negotiation with the Government likely to gain a title with greater or different rights from those granted by the courts? 
Hon CHRISTOPHER FINLAYSON (Attorney-General) 
: 
 No. Let me say though that the member referred to “ownership” in his question. I think it is important to emphasise that we are talking about customary title which is not to be equated with a freehold title or a fee simple title. Customary title holders will not be able to exclude the public or sell the foreshore and seabed. Where customary title can be proved it will sit alongside the public space rights of free public access fishing navigation and existing use rights. Customary title does not exclude these guaranteed public rights. 
David Garrett 
: Will iwi whose claims for customary title of the foreshore and seabed are turned down by the courts be able subsequently to gain ownership or customary title of the foreshore and seabed through negotiations with the Crown? 
Hon CHRISTOPHER FINLAYSON 
: I would have thought that in most cases it would be the other way round: iwi or hapu would seek to negotiate with the Crown and if they were dissatisfied they would commence proceedings. 
David Garrett 
: Who will gain a greater degree of ownership and a greater area of ownership: iwi who claim through the courts or iwi who claim through negotiations with the Crown? 
Hon CHRISTOPHER FINLAYSON 
: All issues as to where customary title will be granted be it negotiations or through the courts are intensely factual questions and cannot be answered in the abstract as the member asks me to do. 
Te Ururoa Flavell 
: Tena koe Mr Speaker. Kia ora tatou. Is the Minister aware that the UN special rapporteur on indigenous peoples James Anaya in his recent visit to New Zealand recommended a new legislative arrangement that “avoids any discriminatory effects and establishes measures to recognize and protect rights” of iwi over the foreshore and seabed; and what progress has been made in achieving this? 
Hon CHRISTOPHER FINLAYSON 
: Yes the Government is addressing the extinguishment of legal and other rights caused by the 2004 Act while protecting public access fishing and navigation rights so that all New Zealanders can enjoy our beaches. 
Te Ururoa Flavell 
: Does he agree with Ngati Porou chairman Dr Apirana Mahuika that the comments of the Coastal Coalition a lobby group opposed to Maori claiming customary title to parts of the foreshore and seabed is “right-wing anti-Maori invective”; and what response if any will the Government make to its campaign of what iwi describe as ill-informed scaremongering? 
Hon CHRISTOPHER FINLAYSON 
: I always prefer not to get into personalities but rather to take a principled approach to these issues. That has always been my style. Those issues are ensuring public access to the foreshore and seabed ensuring access to justice for all New Zealanders and respecting everyone’s property rights.