Smith Nick: Questions for Oral Answer — Questions to Ministers 
Smith Nick: Questions for Oral Answer — Questions to Ministers 
[Volume:622;Page:17302] 
7.  
Hon Dr NICK SMITH (National—Nelson) 
 to the  
Minister of Maori Affairs 
: What advice if any has he received from his department on the proportion of the foreshore and seabed that is expected to be set aside as foreshore and seabed reserves as a result of the Foreshore and Seabed Act 2004? 
Hon PAREKURA HOROMIA (Minister of Maori Affairs) 
: 
 I have not received any advice from my department on that matter. 
Hon Dr Nick Smith 
: Which of these two statements is correct: the statement made at a press conference of Maori MPs prior to the bill’s passage at which the Minister was present when John Tamihere said that at least 10 percent of the coastline would be set aside in foreshore reserves or the statement made by Ministers after the bill was passed that the legal test was so hard it would be a “very small fraction”—or is this another case of the Government speaking with a forked tongue telling Maori one thing and the rest of New Zealand something different? 
Hon PAREKURA HOROMIA 
: In relation to the first point yes that is possible because around 10 percent of the land adjoining the coastline is in Maori ownership. However in response to the second question it will be up to Maori to apply to the High Court and then for the court to decide whether the tests have been met and a territorial customary right exists. Ministers have been very clear on that point. 
Mark Peck 
: What is the purpose of a foreshore and seabed reserve? 
Hon PAREKURA HOROMIA 
: The concept of a reserve is not new to Maori and is in fact practised every day of the year on marae around the country. The purpose of a foreshore and seabed reserve is to acknowledge the practice of kaitiakitanga by the group but the reserve is held for the common use and benefit of all New Zealanders. 
Tariana Turia 
: Is it not correct that the Maori members of Parliament have been duped into voting for this legislation on the basis that 10 percent of the coastline would be set aside in reserves for tangata whenua when in reality the legal test is so tough that only a few areas will qualify; and now realising that will the Minister publicly dissociate himself from the new law? 
Hon PAREKURA HOROMIA 
: Most certainly not. The foreshore and seabed reserves will give real and meaningful redress to those who have successful claims for territorial customary rights. They will also give powers to hapu and iwi to administer the foreshore and seabed reserve with local and central government and to play a significant part in coastal planning. 
Dail Jones 
: Does the Minister accept that the foreshore and seabed legislation in fact carries out the provisions of the NgatiApa decision with regard to territorial customary rights and that all Maori claimants will receive that which they would have received if the NgatiApa decision had remained in the common law? 
Hon PAREKURA HOROMIA 
: Yes. 
Hon Dr Nick Smith 
: Now that the Minister has recalled the 10 percent figure being used by Maori caucus members prior to the passage of the legislation will he accept that Labour has failed Maori if that 10 percent figure is not subsequently delivered? 
Hon PAREKURA HOROMIA 
: Most certainly not. 
Nanaia Mahuta 
: Can the Minister confirm that a large proportion of concerns around coastal areas are still under historical treaty settlement claims? 
Hon PAREKURA HOROMIA 
: Yes. 
Tariana Turia 
: Can the Minister explain how the reserves set aside as a result of the foreshore and seabed legislation may have an adverse impact on the establishment of aquaculture management areas? 
Hon PAREKURA HOROMIA 
: They will not have an adverse impact or effect on that situation. 
Hon Dr Nick Smith 
: Can the Minister clarify for the House what he meant when he said “Most certainly not.” in response to my earlier question which was quite simply: the Maori caucus having told Maoridom that this legislation will deliver over 10 percent in foreshore and seabed reserves if it does not deliver that will Labour accept that it has failed Maori? 
Hon PAREKURA HOROMIA 
: I am not too sure what the member wants to discuss in relation to what but this is what the report in the  
New Zealand Herald  
stated. It was written by one of the great journalists up there and I want the member to note this: “… but it is understood the Maori caucus believes they could yet cover more than 10 percent of the coastline.” I do not hear Mr Tamihere mentioning it; I see a journalist writing it. 
Hon Dr Nick Smith 
: I seek the leave of the House to table the  
Listener 
 of 27 November in which it states that John Tamihere said that Maori would be able to get 10 percent of the coastline—and was Jane Clifton the great reporter he was referring to? 
Mr SPEAKER 
: Leave is sought to table that article. Is there any objection? There is.