Former Attorney-General Challenges Government’s Marine Rights Changes

The New Zealand government is facing criticism over proposed changes to the Marine and Coastal Area (Takutai Moana) Act, which critics argue will restrict Māori access to customary marine title. Former Attorney-General and National MP Chris Finlayson has labelled the government’s actions as “foolish” and “extremely harmful” to race relations in the country.

The proposed amendments aim to tighten the criteria for Māori groups seeking customary title, which recognizes exclusive rights to parts of the foreshore and seabed. Currently, groups must demonstrate continuous and “exclusive” use of the area since 1840. A ruling by the Court of Appeal in 2023 previously indicated that groups needed to show sufficient control over an area to prevent others from using it, ignoring prior legal barriers. This decision was later overturned by the Supreme Court, prompting the government to pause any legislative amendments.

On Tuesday, Paul Goldsmith, the Minister for Treaty Negotiations, stated that the Cabinet felt the current legal framework did not achieve the desired balance for New Zealanders. Prime Minister Christopher Luxon echoed these sentiments, asserting that the changes would return the law to its “original intention.” Speaking from Papua New Guinea, Luxon remarked, “We think the best way to do [that] is actually to get legislation to put it back to its original intent, which struck the right balance.”

Finlayson disagrees with this interpretation, claiming the Supreme Court had already clearly articulated Parliament’s intention back in 2010, when the original law was enacted. “These amendments do not restore the original intention of Parliament. They undermine them. Let there be no doubt about that at all,” he stated. Finlayson served as Attorney-General when the legislation replaced the controversial Foreshore and Seabed Act in 2011.

He further expressed his disappointment, stating, “What they are doing by these foolish amendments is destroying the settlement that the National Party and the Māori Party reached in 2010.” Finlayson emphasized that the government’s actions could undermine race relations, saying, “Tangata whenua have a few wins in court, and it’s ripped away from them by the government, which changes the goalposts 15 years later.”

The proposed amendments have also drawn criticism from the Labour Party’s Māori Crown-Relations spokesperson, Peeni Henare. He warned that such changes would hinder Māori’s ability to assert their rights in court. “In 2011, the National Party made much of their commitment to Māori ‘having their day in court,’ and this proposed change takes that away again,” Henare remarked. He pointed out that the current law does not grant Māori ownership rights, such as control over public access.

The backlash against the government’s proposal has been significant, particularly among iwi. Last year, members of Ngāpuhi walked out of an Iwi Chairs Forum meeting with the Prime Minister in protest. Similarly, Ngāti Wai expressed their strong opposition, stating they could not accept the Crown’s authority in this matter.

In a report published in September 2023, the Waitangi Tribunal characterized the government’s changes as demonstrating a “blind adherence” to political commitments at the expense of Māori rights. The amendments have sparked ongoing debate about the relationship between the government and Māori communities, raising questions about the future of race relations in New Zealand.

As this situation unfolds, it remains to be seen how the government will navigate these contentious changes and their implications for Māori rights and broader community relations.