Calvert Hilary Jane: Marine and Coastal Area (Takutai Moana) Bill — In Committee 
Calvert Hilary Jane: Marine and Coastal Area (Takutai Moana) Bill — In Committee 
[Volume:671;Page:17510] 
HILARY CALVERT (ACT) 
: 
 I am sure people have been looking forward since Thursday to hearing me take a call on the Marine and Coastal Area (Takutai Moana) Bill. It is probably confusing that the Attorney-General sometimes says that access can be restricted in the wahi tapu area and sometimes says it cannot. That may be why he is concerned enough to feel the need to be rude about my colleague. It would be helpful if that stopped. 
This bill should have been called the “Marine and Coastal Area (Different Rules for Different Races) Bill”. Not only is this one of the worst bills to come before the Committee in living memory but the entire process has made a mockery of our democracy. The select committee process at its best is an example of democracy in action. It listens to the people and recommends changes to legislation according to what the public says. With this bill we have seen the select committee process at its worst. Despite spending month after month travelling round the country listening to and reading thousands and thousands of submissions vehemently opposed to the bill the select committee reported back the bill without even one amendment. It was as if there had been no consultation at all. Members of the select committee might as well have stayed at home. Accordingly the title should be changed to the “Marine and Coastal Area (Abuse of Process) Bill”. 
More important in the end the substance of this bill flies in the face of the basic principle of equality before the law. The idea that all citizens are equal before the law is integral to all New Zealanders. This bill however legislates for the opposite which is why it should be called the “Marine and Coastal Area (Different Laws for Different Races) Bill”. 
The first hikoi marched for Maori to have the same access to the law as other New Zealanders. We supported that then and we support it now. Instead this bill creates undefined and unclear tests such as “substantial interruption” and “more than minor” against which Maori have to test their claims for customary title. No other New Zealander has to do that. Maori like all New Zealanders should have the right to take grievances to the courts and most important to have those grievances measured against common law tests not vague ambiguous tests invented by politicians. 
Yet another reason to call this bill the “Marine and Coastal Area (Different Laws for Different Races) Bill” is that it provides for a new set of property rights available only to Maori and will allow some iwi to override the laws of the land in respect of resource management around the coast of New Zealand. The Auckland District Law Society said as much in its submission on the bill when it stated that the bill gave Maori unjustifiable legal privilege. That is especially the case as Maori who already own freehold land do not have the right to circumvent the Resource Management Act nor do they have permission rights that will be granted to them under the bill. The whole idea of the bill undermines the principle of one law for all—a fundamental idea of democracy. 
This bill should equally be called the “Marine and Coastal Area (Ignore Public Opinion) Bill”. Early in the process the Prime Minister said that he would proceed only if the bill had widespread support. He promised he would listen to the people. Well the Government did not listen to the review it did not listen to the 5000-plus submitters who wrote in against the bill and it did not listen to the more than 500 submitters speaking for hundreds and thousands of others who came to the hearings. It has not listened to its constituents and it will not listen to the hikoi that arrived at Parliament today. The Government just will not listen. 
One thing this bill cannot be called is the “Marine and Coastal Area (One Law for All) Bill”. As a country we need to keep talking about what one law for all New Zealanders means. One law is clearly set out in the Treaty of Waitangi. To ignore one part of the Treaty is to disrespect the rest. Successive Governments have strayed from that principle and this bill is no exception. ACT is the only party that has always argued for equal rights not special rights. Other parties may not like it but one law for all is one of the fundamental principles that should guide this Committee in everything we do. This bill breaches that principle. In doing so it disrespects the Treaty.