The Marine and Coastal Area (Takutai Moana) Bill has passed its second reading at Parliament.

The Bill will replace the Foreshore and Seabed Act 2004. It restores the right of Maori to seek customary title through the courts, while guaranteeing the rights of all New Zealanders in marine and coastal areas.

'Debate on this Bill has confirmed that the status quo of the Foreshore and Seabed Act 2004 is not an option,” says Attorney General Chris Finlayson.

'Every party which spoke in Parliament acknowledges that law has failed, and has to be changed.

'This Bill makes clear what we all instinctively feel – that no-one owns the common marine and coastal area.

'The government just looks after it for all New Zealanders, present and future. It is a common space, and will not be able to be sold off.

'All New Zealanders have the right equally to walk, swim, fish, sail, dive, surf, picnic or play in it, just as they do now.”

'It also restores the right of Maori to go to court and seek recognition in the High Court of customary title where it has been exercised since 1840.

'The Bill sets out tests for proving customary marine title based on the Court of Appeal's decision in the Ngati Apa case, as well as the common law in Canada and Australia.

'These codified tests and awards for customary marine title provide for certainty and equity, rather than protracted legalistic arguments that benefit only lawyers, and which would lead us to a similar result.”

The Maori Affairs Select Committee reported the Bill back to Parliament on February 9 after considering it for five months.

The Bill's second reading was delayed when Parliament was adjourned following the February 22 earthquake.

The Marine and Coastal Area (Takutai Moana) Bill Summary

• Repeals the Foreshore and Seabed Act 2004.
• Applies to the area formerly known as the foreshore and seabed, which will be known in the future as the marine and coastal area.
• Creates a common space in the marine and coastal area (the common marine and coastal area) which allows the interests and rights of all New Zealanders in the marine and coastal area to be recognised in law.
• Guarantees free public access in the common marine and coastal area.
• Does not affect existing private titles in the marine and coastal area.
• Guarantees and, in some cases, extends existing rights for navigation, ports, fishing and aquaculture.
• Provides for the customary interests and rights of Maori in the common marine and coastal area to be recognised.
• This recognition will include the right to go to the High Court (or negotiate an out-of-court settlement with the Crown) to seek customary marine title for areas with which groups such as iwi and hapu have a longstanding and exclusive history of use and occupation.
• Unlike private title, customary marine title will be subject to the right of public access and cannot be sold.
• Similar to private (fee simple) title, customary marine title gives rights to permit activities requiring a resource consent, some conservation activities, protection of wahi tapu, ownership of taonga tuturu found in that space, and ownership of non-Crown minerals. It also gives the customary title holder the right to create a planning document setting out objectives and policies for the area.
• Groups such as iwi, hapu and whanau will also be able to gain recognition and protection for longstanding customary rights that continue to be exercised. Their association with the common marine and coastal area in their rohe will also be recognised through a right to participate in conservation processes, which formalises existing best practice in coastal management.