Power Simon: General Debates 
Power Simon: General Debates 
[Volume:616;Page:12451] 
SIMON POWER (National—Rangitikei) 
: 
 In the interests of those in this Parliament being able to exercise their rights to be heard on this issue members on this side of the House would like to hear what Tariana Turia Nanaia Mahuta and Georgina Beyer have to say on this issue. The speaking slots left in this general debate will not be filled by those people neither will they be filled by Mahara Okeroa Mita Ririnui or Dave Hereora. Let us hear whether Maori members of the caucus believe that this legislation will do anything other than the one simple thing that John Tamihere knows exactly what this legislation will do—that is open a can of worms that we will never be able to reseal. 
Parekura Horomia’s press release this afternoon summed it up. He said that the Government foreshore and seabed legislation would ensure that Maori traditional rights and interests would be guaranteed and protected. That is one thing. He said that those rights would be enhanced and that is exactly what this legislation will do. He said in his press release that it is about guardianship but actually what we are seeing is the creation of a new legal concept of mutual or co-ownership. In the event that a particular group is able to prove somehow some obscure type of ancestral connection to a particular area of foreshore and seabed we do not have Crown ownership for all New Zealanders in that case. 
It is completely misleading to tell the public of New Zealand that Crown ownership will remain for all New Zealanders. If those ancestral rights are recognised a system of mutual or co-ownership will exist. But worse than that we now find that two systems are available firstly with respect to the Resource Management Act and secondly in respect of new High Court jurisdiction. It is worth looking at what the Government said about what will happen under the Resource Management Act: “The Act will require that if another party seeks a resource consent for an activity that would have significant adverse effect on the exercise of the customary right then it would be declined.” For the first time in New Zealand’s legislative history we are writing a veto into the Resource Management Act for one particular group of New Zealanders and that is absolutely outrageous. 
But worse the role of the High Court has been extended as well. New jurisdiction is created whereby an applicant group may seek a declaration by the court that a cumulative bundle of rights exists. If that does not open a war chest for lawyers in this country to make those sorts of applications to the High Court non-stop I would be very surprised indeed. 
This Government has failed to address the very serious concerns New Zealanders have over the foreshore and seabed. It has failed to put in place a concrete piece of legislation. When Parekura Horomia is saying in press releases things like: “For Maori this legislation is all about guardianship and ensures the protection and sustainability of everything in the ocean.” this ball game is far from over. They have kicked for touch. John Tamihere knows that this legislation is second rate. Members opposite will rue the day that this legislation came into this House.