Wilson Margaret: General Debates 
Wilson Margaret: General Debates 
[Volume:616;Page:12446] 
Hon MARGARET WILSON (Attorney-General) 
: 
 I move  
That the House take note of miscellaneous business 
. The Government today announced its policy on the foreshore and seabed and tomorrow it will introduce legislation that will put into effect a guarantee that all New Zealanders have a right to access the foreshore and seabed of this country of ours. That legislation will also ensure that Maori have a right to go to the Maori Land Court to pursue their rights to establish whether there is a customary use right that they have been in possession of since 1840 and are therefore under the common law and tikanga rules entitled to have recognised. 
The legislation will also give Maori and others the right to go to the High Court to seek a declaration that will determine whether there is in effect a bundle of rights that would be seen as the equivalence of ownership that would have been there prior to this legislation and that would in fact have entitled them to redress because that right is not there any longer. That right is not there any longer because the legislation providing public access clarifies that the foreshore and the seabed are vested in the Crown for the beneficial interests of all New Zealanders and thereby can guarantee public access 
This legislation was necessary primarily because of the Court of Appeal decision. Much has been heard about the Court of Appeal decision many interpretations have been given of the Court of Appeal decision and much has been claimed that the Court of Appeal did not itself claim in its decision. But the most important aspect of that decision was that it said Maori should have the right to be able to determine to pursue an action in the Maori Land Court and it is that right that is preserved in the new legislation. What is different however is that the only vehicle that was available to be able to pursue whether there was a Maori customary right was the Te Ture Whenua Maori Act. It was that Act that in effect did away with the common law rights by putting them in legislation. In doing so it provided a process whereby land could be vested in the freehold title and ownership of Maori. It was that vital fact that made it necessary for the Government to clarify who in fact had ownership of the foreshore and seabed. It had always been assumed it was in the Crown. To take away any doubt from that—and doubt was raised in the Court of Appeal decision—it has been necessary for this House to legislate that with clarity. That is essentially what the legislation is about. 
Much has been heard in terms of argument one way or the other about what the effects will be. The Government has undertaken a 9-month process of consultation discussion and debate. I wish to put on the record my appreciation of and gratitude to those Maori members who have fully participated in all the meetings that have taken place to work through the issues to ensure the recognising and guaranteeing all New Zealanders’ rights in this legislation. It was not an easy task for them but they hung in there; they were prepared to fight for their people to ensure that Maori rights were protected in this legislation. 
It was also essential that Crown ownership be put beyond doubt. That was what the Government declared right from the outset and that is precisely what we have done. We have done that for one purpose: to ensure that all New Zealanders have access to the foreshore and seabed. Maori European Pakeha and all people who have the privilege to live in this land see it as their right to be able to access and have the benefit of going to the beaches foreshores and coastline around New Zealand.