Repeal of seabed act looks inevitable

A replacement for the Foreshore and Seabed Act law is still months away, but repeal of the existing law now looks inevitable.

The Cabinet discussed yesterday its response to a review that recommended repealing Labour's contentious legislation. Prime Minister John Key said ministers did not reach a conclusion. "But I think it's likely you will see a repeal of the foreshore and seabed legislation. The issue is ultimately what replaces that," he said.

The Government's earlier deadline of August, and then November, now appears to have moved into 2010.

Some insiders even suggested the ultimate deadline was the 2011 election, when the Maori Party will want to campaign on its founding promise to repeal the law.

Mr Key said he hoped to get the support of all parties in Parliament for the replacement law, but he was not sure if that was possible.

Attorney-General Chris Finlayson has already talked to the Maori Party. Its co-leaders, Pita Sharples and Tariana Turia, were at yesterday's Cabinet discussions.

Mr Key said Mr Finlayson would now start talking to other parties, but he had told him "not to rush" as the Government tried to find a way that would satisfy Maori but meet other New Zealanders' expectations of continued access to the foreshore and seabed.

"They have my absolute assurance that those expectations will be met," Mr Key said yesterday.

It is understood some National Cabinet members want a clear explanation of Maori customary rights, or title, and how that might be interpreted by the courts.

The Foreshore and Seabed Act was written in response to a Court of Appeal case that suggested iwi able to prove continuous customary use of the foreshore and seabed might have a claim to freehold title – a right removed by the act.

The ministerial review team recommended repealing the act and replacing it with an interim system recognising customary rights and public access while wide consultation over a replacement took place.

But Mr Key said he was keen to have the replacement law agreed before finally committing the Government to repeal.

National opposed the legislation when in opposition and former leader Don Brash whipped up a Pakeha backlash with his speech at Orewa in 2004.

But Dr Brash has since said National was wrong to oppose iwi being able to test their claims in the courts.