Brash Don: Questions for Oral Answer — Questions to Ministers 
Brash Don: Questions for Oral Answer — Questions to Ministers 
[Volume:614;Page:10656] 
2.  
Dr DON BRASH (Leader of the Opposition) 
 to the  
Prime Minister 
: Does the Government plan to include commercial development as a customary right in the proposed legislation to deal with the foreshore and seabed; if so what are the implications for the aquaculture mining and tourism industries? 
Rt Hon HELEN CLARK (Prime Minister) 
: 
 Decisions on legislation will be announced in due course. However I can advise the member that the advice to the Government is that a development right is not a customary right. 
Dr Don Brash 
: Is the Prime Minister aware that her Ministers and chief of staff told Te Ope Mana a Tai last week that the Government would accept a concept of customary title to the foreshore and seabed with commercial use attached and does she endorse the example they used that if there was a customary right to collect two buckets of sand from the beach they should be entitled to take two buckets and sell them? 
Rt Hon HELEN CLARK 
: As my colleague said does it come down to two buckets of sand? I repeat: the advice to the Government has been that a development right is not a customary right. I can also say that the Deputy Prime Minister and other Ministers have been earnestly working to get a solution on this matter—unlike the Opposition which is more interested in dividing New Zealanders. 
Jeanette Fitzsimons 
: Is the Government committed to a fair and negotiated share of commercial development rights on the coast within the limits of ecological sustainability for local hapu and iwi? 
Rt Hon HELEN CLARK 
: Cabinet has not yet taken final decisions on the proposal which it expects to unveil next week. We will be keeping in touch with the Greens and United Future as proposals develop but I am not in a position today to outline details. 
Hon Ken Shirley 
: Will she confirm that aquaculture is part of commercial fishing and that the 1992 Maori fisheries settlement was a full and final settlement of all current and future claims based on rights and interests of Maori in commercial fishing; if not why would the Prime Minister not give that confirmation if she is not prepared to give it? 
Rt Hon HELEN CLARK 
: My understanding is that aquaculture was not covered in that settlement. 
Hon Peter Dunne 
: Can the Prime Minister give the House the assurance that any right of customary title granted as a result of this proposed settlement will not be superior to the rights of access and ownership that will be enjoyed by all New Zealanders? 
Rt Hon HELEN CLARK 
: From the outset what the Government has sought to do is balance the general public’s rights of access long enjoyed with the customary rights of Maori. I remain convinced that that can be done without unduly impeding on anybody’s rights. 
Dr Don Brash 
: Have her Ministers and officials told Maori interest groups that the Government has moved from its policy position in August to one where there will be a mana whenua title from which real partnership will flow; if so can she detail exactly what this real partnership will entail and what impact it will have on other New Zealanders? 
Rt Hon HELEN CLARK 
: The concept of partnership is one that I believe is inherent in the Treaty of Waitangi. As I said before I am interested in solutions that bring New Zealanders together to work together not dividing people. 
Hon Ken Shirley 
: Are we to understand that it is her Government’s intention to revisit the full and final provisions of the 1992 commercial Maori fisheries settlement; therefore in respect of aquaculture that full and final settlement lasted about 11 years just as the “in perpetuity” of the West Coast Accord signed by her Labour Government lasted about 12 years? 
Hon Dr Michael Cullen 
: That member’s Labour Government too! 
Hon Ken Shirley 
: Absolutely. But I was not the one who reneged on it. 
Rt Hon HELEN CLARK 
: The member is misinformed. The full and final provisions did not apply to aquaculture. 
Dr Don Brash 
: Can the Prime Minister confirm media reports that a Maori caucus revolt is imperilling Government plans for the foreshore and seabed and that “Semi bust-ups and major bust-ups are going on everywhere.”; if so what assurances can she give the House with the summer holidays on the horizon that the foreshore and seabed issue will be resolved any time soon? 
Rt Hon HELEN CLARK 
: I am happy to say that I can confirm no such thing nor have I even seen the palest shadow of the behaviour of someone like Maurice Williamson. 
Hon Ken Shirley 
: I seek leave of the House to table the Treaty of Waitangi fisheries claim settlement of 1992 known as the Sealord’s deal clearly showing that aquaculture was included as part of commercial fishing in that deal. 
Mr SPEAKER 
: Leave is sought to table that. Is there any objection? There is.