Seabed law repeal set for August

BY JOHN HARTEVELT
Last updated 05:00 20/03/2010

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Legislation repealing the Foreshore and Seabed Act will be introduced in August.

Officials are already working on a possible alternative that would take the foreshore out of Crown ownership.

Attorney-General Chris Finlayson confirmed yesterday the Government's timetable for the replacement law. The timetable was revealed in a briefing written by Conservation Department director-general Al Morrison in January to Conservation Minister Kate Wilkinson.

It said: "The Government intends to develop legislation to repeal the 2004 act and establish a new regime to be introduced into Parliament in August 2010, with enactment in December 2010."

Prime Minister John Key has previously indicated a replacement for the controversial law will be in place by the end of the year. A precise timetable has not been issued before.

The briefing said DOC was assessing the impact of a new regime, which would affect the department's ability to carry out conservation management, especially for marine mammals.

Mr Morrison said that among the key issues was that the conservation minister was the Crown's representative as landowner of the foreshore and seabed.

"If this area is to be no longer Crown-owned, it will be important to ensure the transfer of landowner responsibilities to other agencies or parties," he said.

The act vested title with the Crown and stripped Maori of the right to challenge through the courts for customary title.

A ministerial review panel that reported back last July found there was widespread dissatisfaction with the law.

Various alternatives have been suggested. The latest, from Maori Party MP Hone Harawira, is for Maori to be given title to the foreshore and seabed but stop them from ever selling the land. Mr Harawira's proposal would guarantee access for all.

The Maori Party is touring the country, holding 20 hui, to formulate its final position on the policy.

DOC declined to comment on the briefing yesterday, referring questions to Ms Wilkinson, who could not be reached. A spokesman for Ms Wilkinson said DOC was preparing advice on any possible outcome. He said a discussion document setting out a range of options would be issued next month before public consultation started.

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- © Fairfax NZ News

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