Marine and Coastal Area (Takutai Moana) Act 2011

The Marine and Coastal Area (Takutai Moana) Act 2011 is an Act of the Parliament of New Zealand created to replace the Foreshore and Seabed Act 2004.

Features of the Act

The Marine and Coastal Area Act:

• Guarantees free public access.
• Makes a common space of the public marine and coastal area, ensuring it can never be sold.
• Protects all existing uses, including recreational fishing and navigation rights.
• Addresses two fundamental rights violated by the Foreshore and Seabed Act – the right to access justice through the courts, and property rights. In order to establish customary title a test is provided in the Act, whereby Maori applicant groups have to demonstrate exclusive use and occupation since 1840 without substantial interruption.
• Protects, and in some cases extends, rights of vital infrastructure such as ports and aquaculture.^[1]

Results of the third reading

The bill passed by 63-56 on 24 March 2011. It was supported by the National, the Maori Party, and United Future, while the Labour, the Greens, ACT, the Progressive Party and Hone Harawira voted against it. This Act was one of the reasons which Harawira was forced to leave the Maori Party.^[2]

Controversy

Green Party co-leader Metiria Turei opposed the legislation and argued that it represented a "very unjust outcome. It's the same outcome from 2004. The Maori Party have betrayed Maori voters and those who supported them in 2004". The Act Party also opposed the legislation, and unsuccessfully attempted to delay the passage of the bill by lodging hundreds of questions with the Speaker.^[1]

See also

• New Zealand foreshore and seabed controversy

References

• Text of the Act