New Zealand foreshore and seabed controversy

[citation needed] The prospect of a successful claim was reported as having created considerable hostility in many sectors of society as New Zealand has a strong tradition of public access to beaches and waterways and this was perceived as being under threat.

The prime minister, Helen Clark of the Labour Party, announced that the government would legislate to ensure public ownership of the foreshore and seabed.

In sharp contrast to Te Ope Mana a Tai, the National Party claimed that the government's proposals were too favourable towards Māori.

While the government's plan did indeed vest ownership in the state, they also incorporated provision for Māori to be consulted over matters relating to the foreshore and seabed.

The Attorney-General, taking a more middle ground, conceded that the policy was prima facie discriminatory, but concluded that this infringement was "demonstrably justifiable in a free and democratic society" under section 5 of the New Zealand Bill of Rights Act 1990.

[10] Although under attack from both sides, the government chose to press forward with its legislation, asserting that what it called its "middle way" was the only means of satisfactorily resolving the controversy.

On 27 January 2004, National Party leader Don Brash delivered a speech at Orewa that was highly critical of the government's policy towards Māori.

Many of the party's Māori MPs were deeply unhappy with the government's plans, and raised the possibility of breaking ranks to oppose the legislation in Parliament.

In theory, the government had a narrow majority willing to support its proposed bill, with Labour, the Progressives, and United Future all prepared to vote in favour.

The hīkoi, which some estimated to contain fifteen thousand people by the time it reached Parliament, strongly opposed the government's plans, and was highly supportive of Tariana Turia's decision.

Deputy Prime Minister Michael Cullen, told Parliament that the bill "safeguards the seabed and foreshore for everyone", protecting the rights of both Māori and non-Māori.

The bill's passage through its first vote meant that it was then considered by a special select committee of Parliament, which heard public submissions on the matter.

The United Nations Committee on the Elimination of Racial Discrimination, after being asked by Te Runanga o Ngāi Tahu to consider the legislation, issued a report on 12 March 2005 stating that the foreshore and seabed legislation discriminates against Māori by extinguishing the possibility of establishing Māori customary title over the foreshore and seabed, and by not providing a means of redress.

While the foreshore and seabed issue was central to his visit, discussions also related to Treaty of Waitangi settlements, and economic, social and cultural rights generally.

[14] It was highly critical of the Government in a number of areas, including the Foreshore and Seabed Act, which it recommended should be repealed or significantly amended.

[15] In October 2006, Tariana Turia (of Te Pāti Māori) introduced a member's bill designed to repeal the Foreshore and Seabed Act.

The deed protects customary rights of local iwi and retains wider public access to Ngāti Porou coastal areas.

[18] Following a change of government with the election of National in November 2008, the Green Party continued to call for repeal of the Foreshore and Seabed Act 2004.

[19] National front bencher Christopher Finlayson, sworn in as Minister for Treaty of Waitangi Negotiations in November 2008, described the act as "discriminatory and unfair".

[23][24] The meeting was also attended by Te Arawhiti (Office for Māori Crown Relations) deputy secretary Tui Marsh and officials from the Ministry for Primary Industries.

[25] In late July 2024, Goldsmith confirmed that the National-led coalition government would disregard a 2023 New Zealand Court of Appeal ruling that lowered the threshold for proving Māori customary marine title claims.

[27] On 26 August 2024, the Waitangi Tribunal began holding an urgent inquiry into the Government's plans to change the law to tighten the threshold for Māori customary marine title claims.

On the first two days, the Tribunal heard testimony from Treaty of Waitangi lawyer Tom Bennion and Te Arawhiti deputy secretary Tui Marsh.

[22][25] On 13 September, the Tribunal released its initial report into the proposed changes to the Marine and Coastal Area (Takutai Moana) Act 2011.