Foreshore and Coastal bill

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Moriarty
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Foreshore and Coastal bill

Postby Moriarty » Tue Feb 15, 2011 4:16 pm

You guys that like fishing......
This is of vital importance to you too!! DONT leave it to somebody else to fix, we can stop the buggers OURSELVES!!!

Bob.


There is every sign that National is planning to ram the Bill through Parliament under urgency. That means it will be passed into law by the end of the week. You can read the Coastal Coalition newsletter explaining what is going on To help us STOP the Bill, we are calling on you to do two things:

1. Read the flier and email all National MPs and Peter Dunne
2. Send the flier on to everyone in your address book – let’s send it viral!

The flier can be found on http://www.CoastalCoalition.co.nz

The flier explains why the Bill will be bad for New Zealand and should be stopped. It enables readers to email all National MPs to tell them directly that they will not vote for them, donate any campaign funds, nor help in the election - if they go ahead and pass this Bill.

In a democracy, your opinion counts, so please email National MPs urgently.

And don’t forget Peter Dunne – his vote is crucial. If he were to vote against the Bill right now, the Bill would fail. In 2003 he was opposed to race-based laws: “If we create rights for some New Zealanders and not others, then we start down a very sure and slippery slope to anarchy." Shouldn’t he be opposing the Marine and Coastal Area Bill for the same reason?

If you believe New Zealand’s foreshore and seabed should stay in Crown ownership, then please help us circulate this flier as far and wide as possible.

There is no time to lose.

If you need more information, please visit the http://www.CoastalCoalition.co.nz website.

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Jerry
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Re: Foreshore and Coastal bill

Postby Jerry » Tue Feb 15, 2011 5:25 pm

Done ....
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Moriarty
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Re: Foreshore and Coastal bill

Postby Moriarty » Tue Feb 15, 2011 7:09 pm

Jerry wrote:Done ....


Thanks, Jerry, lean on all your mates too, some of the places we play 4wd are under this hammer too!!

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Re: Foreshore and Coastal bill

Postby sambo » Tue Feb 15, 2011 8:58 pm

Done.
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Re: Foreshore and Coastal bill

Postby mayday » Tue Feb 15, 2011 9:19 pm


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Re: Foreshore and Coastal bill

Postby Filthy4x4 » Tue Feb 15, 2011 9:44 pm

Done and also posted it on facebook.
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027 MUD GEAR - (027 683 4327)

Check our facebook:
http://www.facebook.com/Filthy4x4

http://www.facebook.com/Filthymotorsportnz

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Re: Foreshore and Coastal bill

Postby Beer_Cruiser » Wed Feb 16, 2011 11:56 am

done

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Re: Foreshore and Coastal bill

Postby Moriarty » Wed Feb 16, 2011 3:22 pm

There is a downside to this of course,

The bloody Nats are now SPAMMING me with their drivel justifying their stance, and saying (Finlayson) that they are GOING to AMEND the bill before its final reading and subsequent passing.

Why do I have this cynical feeling, that is so much eyewash?

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Re: Foreshore and Coastal bill

Postby Jerry » Wed Feb 16, 2011 3:40 pm

Kia ora,



The Green Party is opposed to the Marine and Coastal Area Bill and will be voting against it. We also opposed the Foreshore and Seabed Act 2004.

There is a great deal of misinformation and scare mongering regarding customary title. So I thank you for engaging with this issue and emailing us about it.



The Foreshore and Seabed Act 2004 extinguished Maori customary title to the foreshore and seabed. It took away the right for iwi to make a claim to the Maori land court, but did not extinguish private title to the foreshore and seabed. This was discriminatory against Māori. It is worth noting, on this point, that private title holders have excluded the NZ public more than customary title holders.



It is fundamental to our country that is built upon The Treaty of Waitangi, that Māori have the right to claim customary title, some claims would fail in the Māori Land Court, and some would succeed, but we must not allow government to legislate away the right to seek redress in the Courts, or impose impossible tests for customary title to be proven.



We are opposed to the current legislation as it:

fails to remedy the injustices caused by the 2004 Act;

extinguishes Māori customary title without the consent of the owners;

fails to provide genuine access to and redress by the courts;

fails to provide the same process for public access to private titles as it does to customary title; and

fails to protect the environmental values of the coast and marine area.



It is our view that:

1. There should be no saleable private and exclusive title granted over the foreshore and seabed to anyone, New Zealanders in general, tangata whenua, or overseas interests.

2. Te Ture Whenua Maori Act be amended so that Maori customary foreshore and seabed land must remain in Maori ownership.

3. Collective customary title to the foreshore and seabed is not to be extinguished by legislation.

4. Public access should be protected, except for very special areas where environmental protection, historical, cultural, or spiritual significance makes this inappropriate.



We are dismayed at the divisive campaign perpetuated by the Coastal Coalition against Māori customary interests. That campaign has been based on inaccuracies designed to drive up fear and division within our communities.



We will continue to oppose legislation that is discriminatory. We will continue to work for a country that is mature enough, first to hold a debate without racist attacks, and second one that genuinely honours Te Tiriti o Waitangi and upholds justice for all its citizens.



Thanks again for engaging with this important issue. We have a lot of work to do before we can convince the government that New Zealanders, both tangata te whenua and tangata te tiriti, want to have fair and non-discriminatory judicial process governing the foreshore and seabed, not slapstick and ill-informed legislation. However, if we all work towards getting more information into the public about this legislation then we can help.



Read more about our work on this issue on our website

F&S frequently asked questions

What is Customary Title?

Repeal the F&S Act

Green solution

Bullying no way to start F&S consultation



Nga mih
i



Metiria Turei





Dear Jerry

Thank you for your recent email.

National’s bottom line in reviewing the Foreshore and Seabed law has always been to guarantee free public access in our foreshore and seabed area for all New Zealanders. We also want to restore the right of access to justice where it has been taken away.

The bill has been with a select committee for the last five months while public submissions were heard. At the same time, the Attorney-General, other Members of Parliament and I have been meeting with and listening to constituents.

The Government has listened to people’s concerns, and will amend the bill to ensure greater transparency in recognising customary title.

We are amending the bill so any agreement negotiated with the Crown to recognise customary title must be passed into legislation. This will ensure full public and Parliamentary scrutiny, and will prevent any future government from closed-door negotiations on customary title.

Any negotiated agreement must still meet the legal requirements for customary title set out in the bill.

The Marine and Coastal Area Bill does not automatically grant property rights to coastal iwi and hapu. Instead, it restores the right for iwi and hapu to prove that property right through our court system, or via negotiation with the Crown. Where customary title is proved, it will sit alongside common area rights such as public access, fishing and navigation, aquaculture, and port operation. Customary title does not supersede these rights and activities.

All applications for customary title must be made within six years of the enactment of the bill.

Now that the Select Committee has reported back to Parliament, the Marine and Coastal Area Bill will go through full second, third, and Committee of the Whole House readings in Parliament.

The Marine and Coastal Area Bill:

• Repeals the Foreshore and Seabed Act.

• Guarantees free public access to the common marine and coastal area for all New Zealanders.

• Preserves all existing use rights – including recreational fishing rights and navigation rights

• Protects the Marine and Coastal Area from being sold.

• Preserves and in some cases extends the rights of vital infrastructure, such as ports or aquaculture.

The new Bill does not affect the 12,500 existing private titles in the Marine and Coastal Area, but means that no further private titles can be created.

The Marine and Coastal Area Bill guarantees the rights of all New Zealanders in the common marine and coastal area, including free public access. It restores access to justice through the Courts and long established common law property rights, which are both core National Party principles.

Every party in Parliament agrees the 2004 Foreshore and Seabed Act should be repealed and replaced. National wants to settle this issue so that it does not remain as a weeping sore for New Zealanders and for future governments. We’re determined to move New Zealand forward.

Our solution is enduring and just, and a positive outcome for all New Zealanders.

Yours Sincerely

Jo Goodhew
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Jerry
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Re: Foreshore and Coastal bill

Postby Jerry » Wed Feb 16, 2011 3:43 pm

Dear Jerry

Thank you for your email regarding the Marine and Coastal Area (Takutai Moana) Bill. By now you will probably have received an email from Hon Rodney Hide stating ACT’s position regarding this Bill, and our continued opposition to it.



Jerry,



On behalf of Hon Rodney Hide, thank you for your email.



ACT is continuing to strongly campaign against the Marine and Coastal Area (Takutai Moana) Bill. Hilary Calvert and John Boscawen, our two alternating members of the Select Committee have managed to persuade the Government to drop two of the worst aspects of the Bill - there will be an explicit clause in the Bill preventing iwi from charging for access; and any agreements between the Government and iwi will have to be passed through Parliament through legislation, rather than just being signed off by the Minister responsible.



However, we still fundamentally oppose the Bill and will be working towards its defeat.



You can find ACT's petition against the Bill here - http://act.org.nz/files/Marine-Coastal- ... tition.pdf


Dear Jerry



Thank you for your recent email outlining your opposition to the Marine and Coastal Area Bill. I totally agree with your comments and want to assure you that ACT remains opposed to this piece of legislation.



As far back as 2004, ACT opposed Labour’s Foreshore and Seabed bill for the same reason that we oppose National’s 2011 version – the principle of one law for all.


David Cunliffe
"I will oppose the Bill"


Peter Dunne
Thank you for your message about the Marine and Coastal Areas Bill.



Given that the Coastal Coalition is orchestrating a campaign against this Bill, it is important that I set out the background to this issue as clearly as I can, from my perspective.



Since this issue first arose in 2003, it has been UnitedFuture’s constant position that the only durable solution to the foreshore and seabed issue rests with it being held as public domain for all New Zealanders. That was the whole point behind the public march we organised in Nelson in 2003, and my position has not changed since then. Claims by the Coastal Coalition to the contrary are no more than malicious lies.



Despite initially agreeing with this approach, the Labour Government changed its stance in 2004 when it was forced by New Zealand First to declare the foreshore and seabed to be the property of the Crown, as its price for supporting the legislation. UnitedFuture withdrew its support for Labour’s legislation at that point, because Crown ownership is more restrictive and allows the possibilities of both parts of the foreshore and seabed being sold to private interests, and hitherto public access being restricted arbitrarily by Crown fiat. For those reasons we voted against Labour’s legislation thereafter in Parliament.



The Marine and Coastal Areas Bill effectively picks up our original concept of public domain, which is far more in tune with the expectations of all New Zealanders – that, to put it colloquially, their right to go the beach remains largely unimpeded. That was why I supported the development of the current Government’s legislation and its introduction, although I think there is scope for an amendment to make it absolutely clear that free access is preserved. Such a provision is not in the current law, which leaves access at the prerogative of the Crown. I am pleased the Minister has now agreed to make such an amendment.



The Coastal Coalition is simply wrong in its claim that this Bill introduces differential rights. In fact, the tests for proof of customary ownership and/or customary title remain as they are at present, but the assertion of Crown ownership is removed, and replaced by the concept of “shared space” or public domain. It is also wrong in its claim my vote is the critical one on the Bill. It is not. Nor is the Bill being forced through under Urgency.

I have been strongly committed for many years to preserving the rights of public access to not only the foreshore and seabed, but also to rivers, inland waterways, the high country and the conservation estate in general. I would not be supporting the Marine and Coastal Areas Bill if I felt that it in any way was contrary to that commitment.
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Re: Foreshore and Coastal bill

Postby bruntonjm » Wed Feb 16, 2011 4:37 pm

sent them email also...

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Re: Foreshore and Coastal bill

Postby Jerry » Sat Nov 12, 2011 3:45 pm

Only three parties have said they will restore public ownership of the foreshore and seabed.Party positions on restoring Crown ownership of the foreshore & seabed

ACT Party
Message from Parliamentary Leader John Boscawen:
“ACT strongly opposed the Marine and Coastal Area Bill and supports restoration of Crown ownership, but with the right of tribal groups to go to the High Court. We believe it would be extremely difficult, if not impossible, to prove continuous and exclusive access to any area of the seabed out to the old territorial limit of 3 nautical miles, let alone 12 nautical miles. The whole issue of ownership of the foreshore and
seabed arose because of the surprising 2003 Ngati Apa decision by the Court of Appeal that wet sea was dry land. ACT proposes that the Government appeal this decision.”

Conservative Party
Message from Leader Colin Craig:
“Ownership of the foreshore and seabed should be vested in the Crown on behalf of all New Zealanders. In respect of Māori claims, generally where Māori (or anyone else’s) rights have been infringed they should always have the right to take the matter to court. The possibility to now ‘negotiate’ with Parliament directly is a disturbing departure from the principle that courts are the proper place to have matters of justice
heard and decided.”

New Zealand First
Message from Leader Winston Peters:
“The 2004 Foreshore and Seabed Act was, and is, NZ First’s policy solution negotiated with the agreement of coastal iwi. The Marine and Coastal Area (Takutai Moana) Act 2011 arose from an unannounced deal between National and the Māori Party soon after the 2008 election. It is a political and legal mess with the result that no entity now owns the foreshore and seabed. That is an unprecedented vacuum historically and
internationally. It is now an invitation for mischief and future dispute between Māori and Māori and Māori and the rest of the population of NZ. The 2011 Act should be repealed and the 2004 Act restored thereby ensuring ownership of the foreshore and
seabed for all New Zealanders.”

Source
COASTALCOALITION NEW ZEALAND CENTRE
FOR POLITICAL RESEARCH
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