New Zealand Legislation: Bills
Bills are proposed Acts
Hon Christopher Finlayson
Government Bill
201—2
As reported from the committee of the whole House
4A Repeal of Foreshore and Seabed Act 2004
4B Customary interests restored
5 Treaty of Waitangi (te Tiriti o Waitangi)
6 Rights and obligations under international law not affected
6 Rights and obligations under international law not affected
8 Meaning of accommodated activity
9 Meaning of deemed accommodated activity
Part 2
Common marine and coastal area
Subpart 1—Interests in common marine and coastal area
11 Special status of common marine and coastal area
12 Areas acquiring status under certain enactments may vest in Crown
13 Boundary changes of marine and coastal area
13 Boundary changes of marine and coastal area
14 Repeal of Foreshore and Seabed Act 2004
15 Customary interests restored
16 Continued ownership of roads in common marine and coastal area
16 Roads located in marine and coastal area
16A No ownership in road that becomes part of common marine and coastal area
17 Continued Crown ownership of minerals
18 Additions to common marine and coastal area
19 Rights of owners of structures
20 Crown deemed to be owner of abandoned structures
21 Resource consents to continue in effect
21 Act does not affect existing resource consents or lawful activities
22 Certain proprietary interests to continue
23 Provisions relating to computer freehold registers wholly in common marine and coastal area
24 Provisions relating to computer freehold register to land in common marine and coastal area and land above line of mean high-water springs
25 Exclusion of interests in marine and coastal area founded on adverse possession or prescriptive title
26 Local authorities may apply to Minister for redress for loss of divested areas
Subpart 2—Public rights and powers over common marine and coastal area
28 Rights of navigation within marine and coastal area
Management of common marine and coastal area
30 Minister of Conservation to be manager and to perform management and administrative functions in common marine and coastal area
31 Notices regarding dangerous structures
33 Certain reclaimed land to vest in Crown
34 New status of existing reclaimed land
35 Minister may declare reclaimed land to be subject to Land Act 1948
36 Minister to administer reclaimed land subject to this subpart
37 Granting and disposition of interests in reclaimed land subject to this subpart
38 Eligible applicants for interests in reclaimed land subject to this subpart
39 Determination of application by Minister
40 Presumption that certain applicants to be granted freehold interest in reclaimed land subject to this subpart
41 Notification of determination and variation
42 Granting of interest in reclaimed land subject to this subpart
42 Vesting of interest in reclaimed land subject to this subpart
43 Application for renewal of interests less than freehold
44 Pending applications under Resource Management Act 1991 that relate to reclaimed land
45 Land reclaimed from customary marine title areas by customary marine title groups
46 Restrictions on disposition of freehold interest
47 Offers to Minister, iwi or hapū, or public
Subpart 1—Participation in conservation processes in common marine and coastal area
49 Participation in conservation processes
50 Notification of conservation processes
51 Obligations on decision maker
49 Participation in conservation processes
50 Notification of conservation process
51 Obligation on decision maker
Subpart 2—Protected customary rights
53 Meaning of protected customary rights
54 Scope and effect of protected customary rights
55 Delegations and transfers of protected customary rights
56 Limitations on exercise of protected customary rights
57 Effect of protected customary rights on resource consent applications
58 Controls on exercise of protected customary rights
Subpart 3—Customary marine title
Determination of whether customary marine title exists
60 Meaning of customary marine title
61 Matters relevant to whether customary marine title exists
Rights under customary marine title
63 Scope and effect of customary marine title
64 Rights conferred by customary marine title
64C Deemed accommodated activities
65 Scope of Resource Management Act 1991 permission right
66 Procedural matters relevant to exercise of RMA permission right
67 Effect of RMA permission right
68 Offence and penalty provision
69 Court may make enforcement orders
70 Scope and effect of conservation permission right
71 Obligation to refer proposals for conservation activity if conservation permission right applies
72 Obligations when conservation permission right is exercised
73 Priority of protection purposes
74 Matters relevant to determining protection purposes
Marine mammal watching permits
75 Decisions on grant of marine mammal permits
New Zealand coastal policy statement
77 Protection of wāhi tapu and wāhi tapu areas
79 Wardens and fishery officers
82 Status of minerals in customary marine title area
83 Status of existing privileges within the common marine and coastal area
83 Status of existing privileges within common marine and coastal area
85 Lodging and registration of planning document
86 Effect of planning document
Obligations arising in respect of customary marine title planning documents
87 Obligation on local authorities
88 Obligation on New Zealand Historic Places Trust
89 Obligation on Director-General
90 Obligation on Minister of Fisheries
Responsibilities of regional councils where planning documents lodged
91 Requirements relating to regional documents if planning document lodged
91 Obligations on regional councils in relation to planning documents
Part 4
Administrative and miscellaneous matters
Recognition of customary interests
92 Recognition of protected customary rights and customary marine title
Subpart 1—Recognition agreements
94 Agreement comes into effect by Order in Council
94 How recognition agreements to be brought into effect
95 Registration and notification of agreement
95 Notification of agreement recognising protected customary rights
Subpart 1A—Recognition by order of Court
96 Court may recognise protected customary right or customary marine title
97 Court may refer to Māori Appellate Court or pūkenga for opinion or advice on tikanga
Application for recognition order
100 Registry for filing application
102 Public notice of application
103 Who may appear on application for recognition order
106 Court's flexibility in dealing with application
109 Sealing of recognition order
110 Notification of recognition orders and any appeals
110 Requirements for notification of orders
111 Recognition order may be varied or cancelled
112 Right of appeal against decision of Court
Registration of recognition order
113 Recognition order must be entered in register
Subpart 2—Marine and coastal area register
114 Marine and coastal area register
114 Marine and coastal area register
115 Requirements for keeping register
117 Application of Privacy Act 1993
Subpart 3—Regulations and miscellaneous matters
118 Regulations for administrative purposes
118A Minister of Conservation to perform residual management functions
119 Regulations for management of common marine and coastal area
120A Persons breaching regulations or bylaws may be directed to stop
120B Relationship between local Acts and this Act
121 References to public foreshore and seabed
122 Pending proceedings under Foreshore and Seabed Act 2004
Amendments to other enactments
124AA Amendment to section 7 of Conservation Act 1987
124 Consequential amendments to other enactments
Schedule 1
Process by which certain new activities in customary marine title area become deemed accommodated activities
Schedule 2
Resource consents and controls in protected customary rights area
Schedule 2A
Process by which certain new activities in customary marine title area become deemed accommodated activities
(1) In June 2003, the Court of Appeal held in Attorney-General v Ngāti Apa [2003] 3 NZLR 643 that the Māori Land Court had jurisdiction to determine claims of customary ownership to areas of the foreshore and seabed. The Foreshore and Seabed Act 2004 (the 2004 Act) was enacted partly in response to the Court of Appeal’s decision:
(2) In its Report on the Crown’s Foreshore and Seabed Policy (Wai 1071), the Waitangi Tribunal found the policy underpinning the 2004 Act in breach of the Treaty of Waitangi. The Tribunal raised questions as to whether the policy complied with the rule of law and the principles of fairness and non-discrimination against a particular group of people. Criticism was voiced against the discriminatory effect of the 2004 Act on whānau, hapū, and iwi by the United Nations Committee on the Elimination of Racial Discrimination and the United Nations Special Rapporteur:
(3) In 2009, a Ministerial Review Panel was set up to provide independent advice on the 2004 Act. It, too, viewed the Act as severely discriminatory against whānau, hapū, and iwi. The Panel proposed the repeal of the 2004 Act and engagement with Māori and the public about their interests in the foreshore and seabed, recommending that new legislation be enacted to reflect the Treaty of Waitangi and to recognise and provide for the interests of whānau, hapū, and iwi and for public interests in the foreshore and seabed:
(4) This Act takes account of the intrinsic, inherited rights of whānau, hapū, and iwi iwi, hapū, and whānau, derived in accordance with tikanga and based on their connection with the foreshore and seabed and on the principle of manaakitanga. It translates those inherited rights into legal rights and interests that are inalienable, enduring, and able to be exercised so as to sustain all the people of New Zealand and the coastal marine environment for future generations:
The Parliament of New Zealand therefore enacts as follows:
