Foreshore and Seabed Press Conference notes: 'A Landmark day'

Report of the Ministerial Review Panel
Hon Tariana Turia, Co-leader of the Maori Party
Wednesday 1 July 2009

This is a landmark day for New Zealand. This is a day when the conflicts and divisions of the past five years can be rectified.

This is the day that the Ministerial Review of the Foreshore and Seabed Act 2004 has concluded that that Act is built on such shaky foundations that it must be repealed.

The report tells a story of a nation divided.

The report concludes that the Foreshore and Seabed Act 2004 severely discriminated against Maori.
The Act took away the right to go to Court.
It drew on legal tests developed in other jurisdictions, foreign to our own context.
It was simply wrong in principle and approach.
The timing and the process were also wrong.

The report defines the 2004 Act as causing “much anguish and concern to Maori and many non-Maori as well”.

Those words are the voice of reason that the Maori Party has been waiting to hear, for five years.

“The Act has to be the single biggest land nationalisation statute enacted in New Zealand history”.

In all, 85% favoured repeal of the Act. Only 5% wanted to see the Act remain unchanged. The panel’s summation was definitive – “the Act appears to be unpopular with most New Zealanders”.

Today is about moving on, unified.

The Ministerial Panel conclude that the Act should be repealed, and that the process of balancing Maori property rights in the foreshore and seabed with public rights and public expectations must be started again.

The panel proposes a new Act based on the Treaty of Waitangi principle of providing for both Maori and Pakeha world views.

The great thing about this review is that it emphasises how important Te Tiriti o Waitangi is and that Maori and Pakeha are bound together by our founding document. The benefits of the Treaty are equal to both of us.

Taking a Treaty focus on this issue means that we walk forward together, developing a piece of legislation which ensures that the rights of all of us are protected.

The report also endorsed the earlier advice of the Waitangi Tribunal that what is needed now, is a longer conversation.

The panel hoped that any proposals put forward will be progressed with input from Maori leaders, as Maori are principally affected, as well as other interested groups.

This, the panel observed, could be a positive and fruitful outcome of a reconsideration of the policy. There is much to debate, proposals to consider, conversation to be had.

The Maori Party looks forward to digesting the richness of this report, and working with the Government to consider how to make the progress we need. The Maori Party welcomes the challenge and signal our complete commitment to the process of moving ahead.