Marine and Coastal Area (Takutai Moana) Bill

[PeterVahry]

Four wheelers influenced the Walking Access Bill and can do again with our coasts. However you only have until 19 November to do so.

You can email direct to the Select Committee with your submission and it only needs to be short.

For background and what to do.... check www.nzfwda.org.nz or http://www.nzcpr.com/CoastalCoalition.htm

[smurf182]

I just made a submission. It's easy to do.

I disagree with a lot of what Labour did but their Foreshore and Seabed Act was an excellent way to safeguard the right of ALL kiwis to access their coastline.

They did this by placing it into crown ownership - ie. we ALL own it regardless of race culture creed politics - whatever.

National's new bill opens the door for ethnic groups to, amongst other things, ban you outright from accessing parts of the coast they deem 'sacred'. None of this has to go through open court - it will be decided behind closed doors and you will be fined $5000 by Maori wardens for breaching it.

This is just the start.

Forget your lockers, 4 link rear ends and simex tyres for a moment... and take the time to help guarentee YOUR access to the beach they way you have always had it.

We need to avoid giving away this precious natural resource to self interested coastal iwi groups at all costs.

[lincooln]

sent a submission a while ago, and joined up to the coastal coalition. I have also sent it to all my clubs members and people on the emailing list. It really doesn't take long so come on and do it.

[kbjj]

Dirty lying bartards. We all need to do this.

[Moriarty]

News tonight (10th Nov 2010) with the "protest" at Taipa, Far North, presages what will happen if this draconian piece of legislation gets thru.

For many years, around the East Cape area, there have been signs, Maori beach, Whites keep out. This is what will obtain around ALL NZ if this Act is passed into law.

Access will be by invitation (yeah, RIGHT) payment to ANY person passing himself off as a Maori, and his mate who will tell you that THAT fellow is not allowed to charge, its ME you have to pay etc etc. Lots of scams will happen!!! or a more structured form of extortion.

Make your opposition heard or read!!

[Moriarty]

I was trawling, no, NOT out in the sacred waters, but elsewhere.......

[lincooln]

thats pretty good, nice simple language, Needs to have a short version of that on TV

[PeterVahry]

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.

[Jerry]

Submission sent

[Nivapulledout]

done

[wopass]

fcuk them! they can have the dirty beaches, then they wont see me shooting all thier deer in the private mouari lands Oww!!

[mayday]

done

[Smurf]

done, what a way to lose the publics confidence, and their votes

[Nivapulledout]

I thought key was doing a great job apart from the anti smacking bill. this one takes the cake though.

[sibainmud]

Done

[lincooln]

We Gained Another Week
But Government Hard of Hearing

By returning the complex Marine & Coastal Area Bill to the House an unprecedented 2 weeks early, without the select committee properly considering submissions, reading the officials’ reports, or even obtaining crucial legal advice, there is little doubt what the Government had in mind. So thanks for your help in flooding National MPs & and Peter Dunne with emails and stopping the government passing the Bill under urgency this past week. While this slowed them down, they could still pass the bill next week or after the Botany by-election in early March.

National’s Response Not Satisfactory
National MPs replied to many of your emails with a standard, PR statement which grossly misrepresented the facts. A few of which are:

They still insist there’s “guaranteed free access” to the coast, yet after six months of delays, there’s still no corresponding wording in the Bill. It simply isn’t there. Also, the extensive wahi tapu rights (for mythical or religious reasons amongst others, up to 22km out) remain completely unrestricted.

They have finally agreed to more openness on deals between Ministers and iwi by now saying these agreements will go before Parliament. Unfortunately, it’ll still be politicians, not the High Court, who’ll make the decisions. The Government has only just demonstrated how, if it has the numbers, it will subvert the select Committee process, ignoring submissions and objections.

Even if coastal claims go to Court, this Bill overthrows our current legal process and creates a whole new legal process just for iwi – whereby the claimant is automatically considered to have a rightful claim (and receives all Crown coastal revenues from the day the claim is lodged) and so it is up to the Crown to prove otherwise (if it wants to). The taxpayer pays all the bills - for both sides.


They say the claim requires demonstration of exclusive use and occupation since 1840. This simply isn’t so. The Bill substantial relaxes this test. It is vague, open-ended and uses many, undefined Maori terms. This means that the Bill can and will be used to justify whatever claimants want, i.e.


“tikanga Maori” could allow a group now occupying the area to claim despite the fact they may be completely separate from those occupying it in 1840.
“exclusive” use of the area is defined as being inclusive of others using the area for fishing and navigation.
“without interruption since 1840” is qualified by the word “substantial”.
Owning abutting land to the coast is no longer strictly necessary to claim.

What this means is that the floodgates will open. Instead of claims being ‘rare’ and ‘remote’ as envisaged by the 2003 Court of Appeal, the whole coast will progressively be put in customary title as the bar is lowered further over time.

· They say the customary title/rights to the seabed 22kms out may not be “sold”. However the Bill lets them be “transferred/delegated’ to anyone – e.g. from China, Dubai or America – who can then enjoy exclusivity, or pursue tourism, mining or aquaculture businesses free of rules and regulations, while imposing acquired “customary” privileges and charges on local government, competing businesses and the New Zealand public.


· Another red herring – they justify the Bill by referring to existing private titles to the foreshore. LINZ explains that most of these parcels with riparian rights now touch the mean high tide mark due to erosion. None of them touch the seabed or have any race-based privileges. They are much easier to fix than this Bill will be if it goes through.


· And note, there is still no provision for arbitration or appeal should claimants start imposing unreasonable costs or vetoes on coastal businesses or the public.


Not So Honourable Peter Dunne
Peter Dunne’s standard response ignores the above issues and the glaring fact that the foreshore and seabed will be transferred from the public domain and converted into a race-based private property right – the very thing he says he was opposed to in 2003! As more claimants gain private title to the coast, public domain will mean nothing. If Peter Dunne stuck to his principles, he would have to oppose the Bill.

Where to From Here
Everyone who has read the Bill is aghast. It is only those relying on the unsubstantiated assurances of the Prime Minister who think it’s all OK. So please inform as many people as possible. Encourage them to hold John Key to his promise to drop the Bill if there was not widespread public support.

It’s election year - let’s show him that people power is stronger than political expediency. Send on this email or this link http://www.nzcpr.com/StopTheBill.pdf

[Overkill]

What this means is that the floodgates will open. Instead of claims being ‘rare’ and ‘remote’ as envisaged by the 2003 Court of Appeal, the whole coast will progressively be put in customary title as the bar is lowered further over time.

http://www.stuff.co.nz/national/4680159 ... -say-Maori

Read this today and thought of this thread.....it WILL happen, people are blind if they think otherwise. Greed comes before commonsense with some iwi members......

[lincooln]

oh yea, I just can't wait till the foreign media do all the research and find out the Maori weren't the first here and that we in fact are treating them a poo pile better than what most other countries treat their Locals. ( I refuse to say indigenous people in the case of the Maoris, your family came here on a bot, so did mine)

anyway that is off topic. when is enough enough? Never for some I suppose.

[takutaimoana4sure]

Support Takutaimoana Hikoi 2011 - Oppose the Marine & Coastal Area Bill
click on this link
http://takutaimoana.webs.com

[PeterVahry]

Marine Bill Amendments set up exclusive racial fishing zones.

“Through amendments in the massive 73 page Supplementary Order Paper 207, which changes almost every clause in the Marine and Coastal Area Bill, the National Party is planning to enshrine in law exclusive race based fishing zones”, Dr Hugh Barr, spokesman for the Coastal Coalition said today.

“Under the changes that have been made to the wahi tapu provisions in clause 78, iwi will be able to set up exclusive private fishing areas for the tribal groups awarded a customary title. Now, as well as being able to use tribal heavies as “wardens” to patrol wahi tapu areas to keep the public out, fisheries officers and honorary fisheries officers will be forced to help police these exclusive racial zones. They will be required to report to the Police any trespassing or fishing by those New Zealanders who presently have free access to all fishing areas through public ownership of the entire foreshore and seabed area.

“Under the new amendments, it now appears that a major purpose of wahi tapu will be to create exclusive private fishing areas for the group, with trespass rights against the general public. This is almost identical to a dry land private property trespass right.

“Probably the only customary marine right prior to 1840 was for fishing and shellfish gathering. That means that many of the areas that will be given customary marine title will also be important and popular public fishing areas. But iwi already have received compensation for these areas through the Maori Fisheries Sealord deal, which gave iwi 20 percent of the commercial catch, and made provisions for customary catch. This bill looks set to further disadvantage the public who are having their coastal rights stripped away by the National Party.

“These amendments confirm that the National Government’s main goal in this legislation is to take rights from the public and award them solely to coastal iwi. Non-iwi New Zealanders will be the big losers under this divisive and fraudulent Bill”, Dr Barr said.

Contact: Dr Hugh Barr, 04 934 2244, 027 686 0063 hugh@infosmart.co.nz

www.CoastalCoalition.co.nz

The amendments, SOP 207 is at: http://www.legislation.govt.nz/sop/gove ... 91801.html

There is also a small subsequent Government amendment – SOP 211.

[PeterVahry]

Hi there,

Coastal Coalition Campaign
Thanks to your help National MPs have received more emails opposing the Marine and Coastal Area Bill than for any other bill. But we must not let up - we need to redouble our efforts at this crucial time.

The Current Situation
The Committee stage debate on the Marine and Coastal Area Bill is now underway in Parliament. After a final two-hour third reading debate, expected late this week or early next week, the bill will be passed into law. If you don't speak out now, the government will assume you support the bill!

John Key Must Keep His Promise
John Key promised he would withdraw the bill if there wasn’t widespread public support for it. With almost everyone who has studied the bill being opposed, please contact National MPs and Peter Dunne URGENTLY about their betrayal - and demand that the Bill is withdrawn. You can contact MPs here www.nzcpr.com/EmailMPs.htm
And when you receive a response from them, don't be intimidated - hit reply and tell them that they have no mandate to repeal Crown ownership of your coast.

New Coastal Coalition Flier

It outlines what the Maori Party believes iwi will gain from the bill. It confirms how special new powers are to be allocated to iwi around the entire coast.


http://www.nzcpr.com/Admin/Newsle10.jpg


Citizens Initiated Referendum
The Coastal Coalition is calling for volunteers, who would be prepared to help with a Citizens Initiated Referendum to repeal the Marine and Coastal Area Bill, to register their interest here>>>. If National forces this deeply unpopular bill into law we intend to fight back with a strong campaign right up to the election - the public will not forget National's betrayal! To support the Coastal Coalition so we can keep on fighting,

Thanks so much for supporting our campaign to retain the foreshore and seabed in Crown ownership – and please don’t forget to email the MPs so they understand how deeply you oppose their disastrous Marine and Coastal Area bill.

Kindest regards,


Dr Muriel Newman

[Jerry]

email sent to mps ... comeon guys you like to wheel and fish on the beach? do it as well ... not long left

[lincooln]

done it a few times, even offered to drive the trailer round, ended up not working out due to the Chch earth quake. will send more emails tonight.

[gimmemud]

Marine Bill Amendments set up exclusive racial fishing zones.

“Through amendments in the massive 73 page Supplementary Order Paper 207, which changes almost every clause in the Marine and Coastal Area Bill, the National Party is planning to enshrine in law exclusive race based fishing zones”, Dr Hugh Barr, spokesman for the Coastal Coalition said today.

“Under the changes that have been made to the wahi tapu provisions in clause 78, iwi will be able to set up exclusive private fishing areas for the tribal groups awarded a customary title. Now, as well as being able to use tribal heavies as “wardens” to patrol wahi tapu areas to keep the public out, fisheries officers and honorary fisheries officers will be forced to help police these exclusive racial zones. They will be required to report to the Police any trespassing or fishing by those New Zealanders who presently have free access to all fishing areas through public ownership of the entire foreshore and seabed area.

“Under the new amendments, it now appears that a major purpose of wahi tapu will be to create exclusive private fishing areas for the group, with trespass rights against the general public. This is almost identical to a dry land private property trespass right.

“Probably the only customary marine right prior to 1840 was for fishing and shellfish gathering. That means that many of the areas that will be given customary marine title will also be important and popular public fishing areas. But iwi already have received compensation for these areas through the Maori Fisheries Sealord deal, which gave iwi 20 percent of the commercial catch, and made provisions for customary catch. This bill looks set to further disadvantage the public who are having their coastal rights stripped away by the National Party.

“These amendments confirm that the National Government’s main goal in this legislation is to take rights from the public and award them solely to coastal iwi. Non-iwi New Zealanders will be the big losers under this divisive and fraudulent Bill”, Dr Barr said.

Contact: Dr Hugh Barr, 04 934 2244, 027 686 0063 hugh@infosmart.co.nz

http://www.CoastalCoalition.co.nz

The amendments, SOP 207 is at: http://www.legislation.govt.nz/sop/gove ... 91801.html

There is also a small subsequent Government amendment – SOP 211.

And the white man is racist? Coulda fooled me. Does this mean the Mori Ori (sp?) will come and claim it back off the maoris? Oh no wait they ate all the "indigenous' people of New Zealand.

[lincooln]

not to mention the evidence of early European settlement 100's of years before the English that is being withheld from the public. they had laws put in place to stop information getting out for at least 70 years, that was dating back from the 60's,

or so I have been told and somewhat found out...

England looks like a cool place right now, so does aussie

[Petemcc]

Have a read of this website at what is actually in the bill. I have only just started reading but was put onto this by a lawyer who works for the crown who believes that the act won't work exactly the way that some of these other websites say it will.

Like I said I haven't read it yet so cant pass judgement but I find it hard to believe that the National party would screw NZ as much as is being suggested.

Make sure you have all the facts and make your own decisions.

http://www.legislation.govt.nz/bill/gov ... 13131.html

Cheers,
Pete

[SP450andLE]

Have a read of this website at what is actually in the bill. I have only just started reading but was put onto this by a lawyer who works for the crown who believes that the act won't work exactly the way that some of these other websites say it will.

Like I said I haven't read it yet so cant pass judgement but I find it hard to believe that the National party would screw NZ as much as is being suggested.

Make sure you have all the facts and make your own decisions.

http://www.legislation.govt.nz/bill/gov ... 13131.html

Cheers,
Pete

I agree.
(I haven't read it yet, I'm too tired for anything serious at the mo. )

[STIC]

Same old same old!

Parasites...

[PeterVahry]

Citizens Initiated Referendum over Marine & Coastal Area Act

The Coastal Coalition has responded to the passing of the Marine and Coastal Area (Takutai Moana) Bill through its final stages in Parliament today, by announcing it will launch a Citizen’s Initiated Referendum to repeal the new Act.

Dr Hugh Barr and Dr Muriel Newman, joint Coastal Coalition spokespeople said, “We have decided to proceed with the referendum because the majority of New Zealanders are strongly opposed to the Bill. Kiwis want to be treated as one people not two.

“While most people agree with the principle of settling outstanding historical Treaty injustices, they believe that repealing public ownership of the foreshore and seabed - so it can be privatised and gifted to Maori - is a step too far.

“The public believed the Prime Minister when he promised that, if the new law did not receive popular support, he would not push it through. The Marine and Coastal Area Bill has almost no public support - over 95 percent of submitters were opposed. Yet today the Prime Minister is pushing it through. He has broken his promise and betrayed the New Zealand public.

“The Coastal Coalition’s campaign to oppose the Marine and Coastal Area Bill has been supported by tens of thousands of New Zealanders from all walks of life, all ethnic groups and all political persuasions. This Referendum will be launched on their behalf and will give all New Zealanders a chance to say that they do not want a bar of this new law.

“The Coastal Coalition believes all people should be treated equally under the law and that New Zealand should be one country not two. We strongly oppose this law change. We look forward to giving New Zealanders a chance to have their say on this divisive legislation”, Dr Barr and Dr Newman said.

Contacts: Dr Muriel Newman, 09 434 3836, 021 800 111 Whangarei; muriel@newman.co.nz

Dr Hugh Barr, 04 934 2244, 027 686 0063 hugh@infosmart.co.nz Wellington www.coastalcoalition.co.nz

[lincooln]

bloody news. Finally reporting on the bill, cause its now passed. Nothing in the build up to it, but all over it once its over.

Bloody typical. Its not Right. Bastards.