Foreshore bill sets claims deadline

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Iwi have a six-year deadline to make claims for customary title over the foreshore and seabed under a new law that designates it a "common area".

The Government introduced its replacement law for the Foreshore and Seabed Act 2004 yesterday, called the Marine and Coastal Area Bill in an apparent bid to remove the controversial words from the political lexicon.

The bill will remove the foreshore and seabed from Crown ownership and instead make them a common area.

Attorney-General Chris Finlayson said this ensured it could never be sold, either by the Crown or iwi, beyond the 2500 titles already in private hands.

The bill will allow iwi and hapu to seek customary title either by negotiating with the Crown or by going to the High Court. They must do so within six years – a deadline Mr Finlayson said allowed enough time for hapu to organise their claims while providing certainty for iwi and developers.

The Government's package was agreed by the Maori Party and the Iwi Leaders Group, although they made it clear they had to compromise on the issue of common space. Maori Party MP Hone Harawira had pushed for some form of overarching Maori title rather than a public space.

The party's co-leaders are overseas this week. Acting leader Te Ururoa Flavell said the bill addressed the party's two main concerns – the repeal of the 2004 law and the right for iwi to go to court to test their claims.

The party had pushed for a longer deadline in which iwi could make claims but was satisfied that six years was sufficient. He said cases of small resource-strapped hapu struggling to ready their claim in that time were a possibility but was "a bridge we'll have to cross".

"We tried to do our best to cover the issues people raised with us. It's not everything we want, but it's as close as we can get so we'll see what people say in the select committee stages and go from there."

The Coastal Coalition group has already started to campaign against the bill for going too far in favour of Maori. The ACT Party also opposes the bill.

Mr Finlayson said free public access to the marine and coastal area was guaranteed, as were the rights of those already using the area.

He has previously estimated about 2000 kilometres of New Zealand's coastline could be claimed under customary title, mainly in the Far North, parts of the East Coast and in Eastern Bay of Plenty.

As well as veto rights over developments and conservation projects, iwi with customary title will own non-Crown-owned minerals and have prima facie ownership of any historical artefacts found.

Any such title would be subject to free public access and the continuation of existing rights such as fishing, navigation and the operation of ports.

Iwi would not be able to veto existing aquaculture ventures seeking renewal or changes to their consents.