Supplementary Order Paper No 206

No 206

House of Representatives

Supplementary Order Paper

Tuesday, 8 March 2011

Marine and Coastal Area (Takutai Moana) Bill

Proposed amendments

Metiria Turei, in Committee, to move the following amendments:

Clause 9

To omit this clause.

Clause 53

To omit this clause.

Clause 54

To omit this clause.

Clause 60

To omit this clause.

Clause 61

To omit this clause.

Schedule 1

To omit Schedule 1.

Explanatory note

This Supplementary Order Paper amends the Marine and Coastal Area (Takutai Moana) Bill in the following ways:

  • Clause 9: this clause and Schedule 1 provide for Māori customary title to be overridden by petroleum exploration and infrastructure projects at the whim of the Government of the day. We believe it is only fair that customary Māori title is treated the same as other titles. The bill as it stands is discriminatory as it sets up a different lower standard for allowing these activities to occur as compared to other forms of title.

  • Clauses 53, 54, 60, and 61: provide the test for proving Māori customary rights and title. These are too high and will effectively remove existing Māori rights. The courts, using treaty and international law jurisprudence, are a better forum for establishing the appropriate tests to prove customary title.