Repealing Act disastrous, Peters says

FIGHTING FORM: Winston Peters at the NZ First 2008 election campaign launch in Auckland.

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Repealing the Foreshore and Seabed Act would be a disastrous backward step sending New Zealand towards separatism, New Zealand First leader Winston Peters said today.

A government-appointed review panel last week released its report on the Act, recommending its repeal and saying interim legislation should be put in place until the politicians work out a way to recognise Maori rights to coastal areas.

Appearing on TVNZ's Q&A programme today, Mr Peters said the review had been stacked to get an outcome that would see some Maori claiming ownership of coastal areas.

"It's a can of worms and for this country's long term future its disastrous," Mr Peters said.

"They're not arguing customary right as just a proprietary or a temporary right that can pass from generation to generation, they're arguing about title...they're arguing something separatist."

Mr Peters said some Maori activists did argue for exclusive ownership and said Prime Minister John Key had been naive in his handling of the review and it would open years of relitigation of past settlements.

Mr Peters appearance today was his first extended interview since NZ First failed to win a seat in the 2008 election.

He said his party had been dealt a "foul blow" in 2008 and confirmed he remained the party leader, but refused to say whether or not he would contest the 2011 election.

Also on Q&A Maori Party MP Hone Harawira said the foreshore issue had never been about monetary compensation but the Act had "stolen" the foreshore and seabed from Maori.

"When you take something away from people illegally then they've got to be compensated somewhere down the track," Mr Harawira said.

Maori had lost the right to go to court to test their claims, but the intention had never been to use the foreshore and seabed as real estate.

Last week's review said the 2004 Act failed to recognise Maori property rights in the way those rights were recognised by the courts, and advanced the general interests of the public at the expense of Maori.

The Act was the most difficult piece of legislation the previous Labour government had to deal with during its nine years in office.

It followed a 2003 Court of Appeal ruling in the Ngati Apa case that it might be possible, in some instances, for Maori customary title to convert into freehold title.

That raised the possibility of parts of the foreshore and seabed coming under Maori control, and fears that public access to beaches could be restricted.

The previous government was not prepared to accept that position and legislated against the ruling, causing widespread unrest among Maori and the resignation from the Labour Party of Tariana Turia, who went on to form the Maori Party.

- NZPA