Coddington Deborah: Foreshore and Seabed Bill — In Committee Speaker Recalled In Committee 
Coddington Deborah: Foreshore and Seabed Bill — In Committee Speaker Recalled In Committee 
[Volume:621;Page:17038] 
DEBORAH CODDINGTON (ACT) 
: 
 We have come to a pretty pass when territorial customary rights are referred to as “TCRs”. What an insult it is to reduce them to what is not even an acronym. Winston Peters should get his quotes right. The American jurist did not say it was an offence to shout “Fire!” in a crowded theatre; he said that freedom of speech does not mean one can shout “Fire!” in a crowded theatre. 
When we look at new clause 9A we see that this is very much racist legislation. It directs that when customary rights claims are lodged in the High Court the High Court is to take only one of three courses of action—that is kill all the claims. We know that all of those 80 cases are Maori cases.  
I now refer to the Minister’s amendment on Supplementary Order Paper 302 to clause 15 “Extension of public foreshore and seabed by acquisition of land in private title” and say that I have tabled an amendment to this amendment. The Minister’s amendment omits subclause (1) and substitutes a new subclause (1) which states: “The Crown may purchase or otherwise acquire the whole or part of a specified freehold interest in any land that is wholly or partly within the foreshore and seabed.” My amendment adds the words “by agreement” after the word “acquire”.  
As the Minister’s amendment stands at the moment this is simply a land grab. We do not know what it means. No agreement is stated. It means that the Government can go out and just take whatever it likes. It does not state that it would do that under the Public Works Act; it just states “or otherwise acquire”. No mention is made of compensation.  
If we look at the situation we see that this provision has been drawn up by people who have never studied lived or been by the foreshore for any number of years. If they had they would see that the foreshore—the land between the high-water mark and the low-water mark—does change over the years. It goes up and it goes down. Sometimes the change is very dramatic such as in the case of the Napier earthquake. If we look at the Napier airport we see that hectares and hectares of land were created by the sea retreating. Under this legislation that land could be privately owned. But as the legislation is worded at the moment the Government would be able to acquire that land without paying any compensation at all.  
Where I live in the Marlborough Sounds the foreshore area changes considerably not just from decade to decade but from year to year. New land is created not by reclamation but by the shifting of the tides and by the foreshore changing every year. The way the legislation is worded at the moment gives the Government the right to go and just take it away.  
It concerns me that this clause is a sweetener to further land grabs. My colleague the Hon Ken Shirley had a slip of the tongue when he referred to the Department of Conservation as the “Department of Confiscation”. It was more than just a Freudian slip. As I said it concerns me that this clause is a sweetener to a further land grab. First it is the foreshore and seabed. What will be next? Will it be the riverbeds? Will the Government be able to just acquire freehold title of private land without there being any compensation at all? The Minister is shaking his head. Does that mean he will agree to my amendment? Does it mean he will get up and explain what this clause means? The way it is drafted at the moment shows that it is clearly just a land grab and it is a way for the Crown the Government to just go in and take whatever it likes—not just from Maori but from all New Zealanders. All New Zealanders will be disadvantaged by this clause. As I said I would like the Minister to take a call and explain what he means. He is indicating that he might. Is that a yes or is it a no? 
Hon Dr Michael Cullen 
: It’s Delphic. 
DEBORAH CODDINGTON 
: It is Delphic. 
Hon Richard Prebble 
: He doesn’t know himself. 
DEBORAH CODDINGTON 
: Well maybe he will support the amendment I have tabled.