Locke Keith: Marine and Coastal Area (Takutai Moana) Bill — In Committee Speaker Recalled In Committee 
Locke Keith: Marine and Coastal Area (Takutai Moana) Bill — In Committee Speaker Recalled In Committee 
[Volume:670;Page:17291] 
KEITH LOCKE (Green) 
: 
 I think there is a bit of inconsistency in ACT’s position. Hilary Calvert said there is not really much private land in the foreshore and seabed; there is just a bit as a result of erosion. She talked about how to define the high-tide mark and about how 48 other grants of title amounted to not much land so we should not worry about it at all. Well why then in Part 2 of the Marine and Coastal Area (Takutai Moana) Bill exclude—and I think ACT probably supports this position—private title land from the application of the common marine and coastal area all the access provisions and all the rest of it? 
It is inconsistent that Maori customary title land should be subject to full access. The legislation states that every individual has the right “to pass and repass in on over and across the common marine and coastal area; and to engage in recreational activities” etc. yet for private foreshore and seabed land that right does not apply under clause 19. Surely if we are to be a fair society that inconsistency should be redressed and the private title should not be sacrosanct in terms of public access. 
Hilary Calvert says that that provision does not relate to general access to the area. In fact I think what Parliament should address and develop—and unfortunately this bill does not do so; attempts have been made with committees and all kinds of things but they really have got nowhere—greater access to the seashore for all New Zealanders. 
There have been some big fights over this issue. On Waiheke Island John Spencer prevented public access for people on Waiheke Island to the beaches his land surrounded. If one looks around the world one sees other examples—for instance in Britain. I was over in Britain a few years ago when my brother used to live there. He lives in Wellington now. We went for a walk. They had not only all sorts of alleyways that people could use everywhere in the countryside but also what was called a right to roam whereby one could— 
Hon Tau Henare 
: Over private property? 
KEITH LOCKE 
: Yes over private property. The right to roam was well established and supported by the people of Great Britain. We should have something similar to that system in New Zealand so that all the pristine beaches we have are accessible instead of being shut off from ordinary people who cannot get to those beaches. Sometimes boaties can get to them; they are usually the richer section of the population. 
The right to roam relates to another project the great project by Geoff Chapple of Te Araroa “the long pathway” around New Zealand. A lot of that pathway is around the coast and having provisions for greater access to the coastal area would help with the continuity of those paths in order for people to be able to enjoy the scenery along the waterfront around this country. 
It is important that we try to redress this access issue in the Committee stage. Unfortunately clause 19 which excludes private property contrasts with clause 27 which gives all of the rights of access to every individual in relation to what could be Maori customary title and that just does not wash. The Green Party is very much against that contradiction and would like greater rights for New Zealand people as a whole and greater rights for Maori people—greater rights than exist under the bill.