Sunday, October 22, 2017

Brian Giesbrecht: The “60’s Scoop” Continues

The federal government has reached an agreement in principle to settle outstanding class-action lawsuits relating to what has come to be called the “60’s Scoop”. Eight hundred million dollars will be set aside to settle claims of First Nations and Inuit children who were removed from their homes – “and lost their cultural identity” – between 1951 and 1991.

This settlement represents the claims for cultural loss by status Indians and Inuit only. Metis and non-status claims remain outstanding, as do claims for other types of loss. The final bill is sure to be in the billions. A national inquiry on the issue is almost certainly being planned – to begin once the inquiry into missing and murdered Indigenous women and girls has issued its report.

Victor Davis Hanson: Trump’s Constructive Chaos

Almost daily, President Trump manages to incense the media, alarm the world abroad, and enrage his Democratic opposition. Not since Ronald Reagan’s first year in office has change and disruption come so fast from the White House.

Let’s consider foreign affairs first. In response to North Korea’s nuclear threats to hit the American West coast, Trump promised Kim Jung-un utter destruction.  And for sport he ridicules him as “rocket man.” 

ISIS is now on the run. The terrorist group has given up on its once-promised caliphate—in part because Trump changed the rules of engagement and allowed American generals at the front to use their own judgment and discretion on how best to destroy their enemies. 

Brian Gaynor: Miner’s end leaves taxpayers in a hole

The sale of Solid Energy’s remaining operating coalmines terminates the Crown’s 114-year involvement in the coal industry.

The sale has been greeted positively by the company, with its press release noting that participating creditors “should see a return of approximately 60 cents in the dollar compared to the estimated 20 cents that creditors would have received if the company had gone into liquidation in September 2015”.

This is an incredibly positive spin on the woeful performance of the company over the past five years. Its disclosure has also been inadequate; taxpayers are entitled to far more information on the company’s asset sale process, particularly the price it received for its mines.

NZCPR Weekly: Losers Take Power

Dear NZCPR Reader,   

In this week’s newsletter we reflect on the news that New Zealand’s new Government is made up of a coalition of the losing parties in the election, our NZCPR Guest Commentator Frank Newman examines the impact on the property and business sectors, and in this week’s poll we ask whether it should be the party with the most votes that is given the opportunity to form a new government, rather than the party that holds the balance of power.

*To read the newsletter click HERE.
*To register for the NZCPR Weekly mailing list, click HERE.

Mole News

Waitangi Tribunal hearings 'chance to move beyond victimhood'
The Waitangi Tribunal hearings which ended yesterday after seven long years are a chance to finally move beyond victimhood, a hapu leader says.

Last week the Crown made its closing submissions in Te Paparahi o Te Raki, the inquiry into Ngapuhi's 600-plus treaty claims. The claimants had their final say in July.

Matt Ridley: Montesquieu's "sweet commerce" and Cobden's "God's diplomacy"

The “ultimatum game” is a fiendish invention of economists to test people’s selfishness. One player is asked to share a windfall of cash with another player, but the entire windfall is cancelled if the second player rejects the offer. How much should you share? 

When people from the Machiguenga tribe in Peru were asked to play this game, they behaved selfishly, wanting to share little of the windfall. Not far away, the Achuar in Ecuador were much more generous, offering almost half the money to the other player — which is roughly how people in the developed world react.

What explains the difference? 

Saturday, October 21, 2017

GWPF Newsletter - World’s First Offshore Wind Farm Retires: A Post-Mortem

GWPF Report Rocks World Bank Meeting

In this newsletter:

1) World’s First Offshore Wind Farm Retires: A Post-Mortem
GWPF Energy, 18 October 2017
2) Norway Seeks $9,000 ‘Tesla Tax’ On Electric Cars
The Local Norway, 14 October 2017

Wednesday, October 18, 2017

GWPF Newsletter - Tony Abbott’s Victory: Australian Govt Dumps Green Energy Target

Labor Party Accuses Turnbull Of Capitulating To Abbott

In this newsletter:

1) Tony Abbott’s Victory As Australian Govt Dumps Green Energy Target
ABC News, 17 October 2017

2) Labor Party Accuses Prime Minister Turnbull Of Capitulating To Tony Abbott
The Advertiser, 16 October 2017

Monday, October 16, 2017

GWPF Newsletter: World Bank "Abandons The Poor"

Climate Science Has Become Non-Popperian

In this newsletter:

1) New GWPF Report: World Bank "Abandons The Poor"

Globe Newswire, 14 October 2017

A new report: 'The Anti-Development Bank: The World Bank's Regressive Energy Policies' by the London-based Global Warming Policy Foundation (GWPF) finds that the World Bank has abdicated its primary mission of tackling poverty in the developing world.

Sunday, October 15, 2017

Karl du Fresne: Licensing trusts - a great social experiment that mostly failed

It probably comes as a surprise to many people to learn there are still places in New Zealand where it’s not possible to buy wine or beer in a supermarket. Invercargill is one such place. West Auckland is another.

These are not “dry” areas, where local voters have chosen to remain liquor-free. New Zealand lost the last of those (two in Auckland, one in Wellington) in 1999.

Frank Newman: October crashes

“October: This is one of the peculiarly dangerous months to speculate in stocks. The others are July, January, September, April, November, May, March, June, December, August and February.” (Mark Twain.)

It's thirty years since the 1987 sharemarket crash - Monday the 19th of October 1987 (US time) to be precise. Wall Street had its biggest one-day fall in the history of the stock exchange, down 22 percent.

Murray Reid: Rangiaowhia Affair

Two years ago, I learnt that my grandsons are direct descendants of Thomas Power and Rahapa te Hauata. Until then I was ignorant of the history of the settlement at Rangiaowhia. To improve my knowledge, I visited the site and the Te Awamutu Museum. The museum has an impressive display of the locality and holds the Taonga of Mrs. Power, gifted to the museum by the West family. I then did follow up research on the genealogy of the couple and read up on what I could find.

A few weeks later at a historical group meeting I mentioned my family’s connection to Rangiaowhia to be told by a Kaumatua of a NE Waikato Iwi that “that was where the British locked over 100 Maori men, women and children in the church and burnt them to death.”

NZCPR Weekly: Creating a Legacy for Growth

Dear NZCPR Reader,   

In this week’s newsletter we look at how New Zealand First’s election promise to reduce company tax could create a legacy of growth for New Zealand – if it is part of a coalition deal; our NZCPR Guest Commentator Professor Richard Epstein reviews the latest US tax reform plans to reduce corporate tax from 35 percent to 20 percent; and in this week’s poll we ask whether you would like to see New Zealand’s 28 percent company tax rate reduced as part of a coalition deal.

*To read the newsletter click HERE.
*To register for the NZCPR Weekly mailing list, click HERE.

Thursday, October 12, 2017

GWPF Newsletter - October Arctic Surprise: Rapid Recovery Of Ice Extent

Tony Abbott, Green Attacks And Ridley’s Paradox

In this newsletter:

1) October Arctic Surprise: Rapid Recovery Of Ice Extent
Ron Clutz, Science Matters, 7 October 2017
2) Tony Abbott, Green Attacks And Ridley’s Paradox
Paul Matthews, Climate Scepticism, 10 October 2017

Wednesday, October 11, 2017

GWPF Newsletter: Tony Abbott's GWPF Lecture Makes Waves Down Under

Under Growing Pressure, Australian Government Ditches Green Energy Target

In this newsletter:

1) Tony Abbott Calls For Climate Pushback As CET Goes Cold
The Australian, 10 October 2017 
2) On Eve Of Tony Abbott’s GWPF Lecture, Australian Government Ditches Green Energy Target
The Courier & Mail, 9 October 2017 

Sunday, October 8, 2017

Lee Harding: Taking the Air out of Airbnb

In Canada, Airbnb is getting…well…deflated. The ironic reason is that it has become too popular.

Airbnb is an online service for “Air bed and breakfast.” It’s for guests who want a cheap place to stay the night, even if it’s on an air mattress. Since its 2008 launch in San Francisco, Airbnb has exploded in popularity, boasting a net worth of $31 billion, having hosted more than 200 million guests in over 65,000 cities and 191 countries.

Melanie Phillips: The Vanishing Conservative Party

You really do have to feel for Theresa May over her catastrophic party conference speech. With a heckler who got far too close, a prolonged coughing fit and a visibly disintegrating party slogan backdrop, this concatenation of calamities would have shaken the hardiest of performers. Someone reportedly as shy as Mrs May must be in agony over the whole thing.
Cruelly, the debacle is being portrayed as a metaphor for Mrs May’s premiership. Her grip on power is supposedly melting away, just as her speech evaporated under the merciless heat of exposure. Accordingly, it is being widely reported that she is now done for and this weekend the plotters will seize their opportunity finally to lever her out of office.

NZCPR Weekly: Proportional Representation – Disproportional Influence

Dear NZCPR Reader,   

In this week’s newsletter we reflect on the final election result, coalition formation, and the demise of the Maori Party, our NZCPR Guest Commentator Karl du Fresne looks at the perversities of MMP, and in this week’s poll we ask which electoral system you prefer – MMP or First Past the Post.

*To read the newsletter click HERE.
*To register for the NZCPR Weekly mailing list, click HERE.

Frank Newman: Creaming it

A few weeks back Fonterra disclosed that its chief executive received remuneration of $8.3m in the year ended July 2017, making him New Zealand's highest paid chief executive. That payment includes base salary, bonuses and other benefits and works out to be about $4,150 an hour!

By way of comparison, the average hourly rate for a heavy truck driver is in the region of $20 to $25, and the average income in New Zealand is about $30 an hour. The Prime Minister receives about $460,000 a year, or $230 an hour, assuming an average working week which his is not.

Friday, October 6, 2017

GWPF Newsletter: Climate Science Controversy Is Good For Science

Reality Check: The Pacific Ocean Is Seeing
‘One Of The Quietest Typhoon Seasons On Record’

In this newsletter:

1) New Study: Climate Science Controversy Is Good For Science
Craig Idso, Watts Up With That, 4 October 2017  
2) New Paper: Is Climate Change Controversy Good For Science?
Ferenc Jankó, Judit Papp Vancsó and Norbert Móricz, Scientometrics - September 2017, Volume 112, Issue 3, pp 1745–1759 

Thursday, October 5, 2017

GWPF Newsletter - New Study: Global Warming Standstill Confirmed, Climate Models Wrong

EPA Takes First Steps To Repeal Obama’s Climate Regulation

In this newsletter:

1) New Study: Global Warming Standstill Confirmed, Climate Models Wrong
GWPF Science, 3 October 2017 
2) EPA Takes First Steps To Repeal Obama’s Climate Regulation
Reuters, 4 October 2017

Mole News

Business embrace of kaupapa Māori is real
Many companies have been incorporating Māori initiatives into their advertising and making themselves more kaupapa Māori-friendly.

Spark launched its first Te Reo Māori narrated advertising, Vodafone released its Say it Tika app with Google to help correct the pronunciation of Māori place names, and Stuff introduced macrons for Māori words on its site and in newspapers.

Wednesday, October 4, 2017

Karl du Fresne: Post-election hiatus illustrates the perversity of MMP

The only thing that can be said with any certainty about the next New Zealand government is that it will look very different from the last one.

National party prime minister Bill English won an emphatic 13-seat majority over the opposition Labour party at the weekend in an election result that defied the pattern of history. But the vagaries of New Zealand’s mixed-member proportional electoral system mean it could be weeks before the shape of the new government is finalised, and no one can be sure what form it will take. Paradoxically, it may not include the National party.

GWPF Newsletter: Climate Scientists Mislead The World About Great Barrier Reef

Chief Science Adviser Attacks Scientists’ Political ‘Arrogance’

In this newsletter:

1) How Climate Scientists Mislead The World About The Great Barrier Reef
GWPF Science, 1 October 2017
2) Reminder: Activist Scientists ‘Exaggerated’ Coral Bleaching
GWPF Science 4 June 2016 

Tuesday, October 3, 2017

Matt Ridley: Robot farming will bring great benefits to all

If you will forgive the outburst of alliteration, the harvesting of a “hands-free hectare” at Harper Adams University has made headlines all around the world, in the technology press as well as the farming press. A crop of Shropshire barley was sown, fertilised, sprayed and harvested by robot tractors, drones and a robot combine harvester, without a human being setting foot in the field.

The yield was low and the cost was high, but the point was made. The mechanisation of agriculture is progressing rapidly towards the point that some crops can be grown with almost no labour. 

Brian Gaynor: Many twists left yet on road to Brexit

Brexit is the main topic of conversation in British and Irish business circles at present. The focus is on the controversial divorce between two economic entities that appeared to have a good, albeit imperfect, relationship.

The United Kingdom wants to have its cake and eat it too, as it has decided to leave the European Union but wishes to hold on to many of its membership benefits. The EU cannot allow the UK to leave and continue to trade with EU countries under the same free trade agreements as it has had over the past 44 years.

GWPF Newsletter: Could Germany’s Green Energy Disaster Bring Down Angela Merkel?

Germany’s Energiewende Blowin’ In The Wind

In this newsletter:

1) Could Germany’s Green Energy Disaster Bring Down Angela Merkel?
P Gosselin, No Tricks Zone, 29 September 2017
2) Germany’s Energiewende Blowin’ In The Wind
Petroleum Economist, 29 September 2017

Monday, October 2, 2017

Barend Vlaardingerbroek: A treaty for the Australian Aboriginal?

Treaties are accepted around the world as a way of reaching a settlement between Indigenous people and those who have colonised their lands. New Zealand, for example, has the Treaty of Waitangi, an agreement signed in 1840 between the British Crown and over 500 Maori chiefs, while Canada and the United States have hundreds of treaties dating back as far as the 1600s…

A treaty could provide, among other things:
- a symbolic recognition of Indigenous sovereignty and prior occupation of this land…
- a basis for regional self-government guidelines for local or regional treaties…

GWPF Newsletter: Climate Change Predictions: What Went Wrong?

In this newsletter:

1) Climate Change Predictions: What Went Wrong?
Nigel Hawkes, The Sunday Times, 24 September 2017

2) New Boost For Healthy Climate Scepticism
Graham Lloyd, The Australian, 23 September 2017

Sunday, October 1, 2017

Rob Ogilvie: Why just Kingmaker? Why not King?

Like many I lazily assumed National had it in the bag until their recent press conferences.  Then the faces showed they have had their “Oh Sh-t” moment.  To woo the elusive Mr Peters Mr English has already told David Seymour to scram, and both Ms Bennett (National) and Mr Davis (Labour) have offered to step aside from deputy leadership. Mr Joyce has said he really can be best friends, honest.  Both parties have made it clear that cherished policies are up for grabs.  Have whatever cabinet seats you like.  And that is just their opening positions.  The negotiations apparently haven’t even started.

The art and science of negotiation means Winston could be our next PM, or at least a newly constructed position more influential than Deputy PM.  If he really wants the job.

Saturday, September 30, 2017

NZCPR Weekly: Election 2017 - Roundup

Dear NZCPR Reader,   

This week’s newsletter looks at the election and the factors that influenced the outcome, our NZCPR Guest Commentator Frank Newman reviews the winners and the losers, and this week’s poll asks whether Winston Peters’ referendum on the future of the Maori seats should be a priority in coalition negotiations.

*To read the newsletter click HERE.
*To register for the NZCPR Weekly mailing list, click HERE.

Wednesday, September 27, 2017

Richard Epstein: The Diversity Fundamentalists

Diversity and inclusion (D&I) is the new catchphrase of today’s elite businesses and universities. Those institutions assume D&I is both a means—to excellence—and an end in itself, making them more closely resemble the larger world of which they are a part. So understood, companies from Facebook to Apple to Goldman Sachs, and academic establishments from UC Berkeley to Harvard to Yale, have found their new holy grail. 

Their commitment to D&I is all too often treated as a self-evident truth that none should be allowed to question in public discourse. But this new consensus for D&I, if left unchallenged, has an unintended consequence: unthinking intellectual rigidity, a malaise that all successful institutions must guard against.

Brian Gaynor: NZ pension funds lagging behind Aussie

One of the most important decisions with any savings plan, particularly KiwiSaver and other superannuation schemes, is asset allocation. Asset allocation is the outcome of a process that aims to balance the risk and rewards of a portfolio after considering an individual’s goals, risk tolerance and investment horizon.

There are two main asset classes in the asset allocation process; high risk growth assets, mainly shares, and low risk income assets, comprising bonds and cash. The asset allocation decision has a huge impact on the risk profile and performance of a portfolio.

GWPF Newsletter - Forget The Spin: Offshore Wind Costs Are Not Falling

Subsidy-Free Wind Farms Risk Ruining the Industry’s Reputation

Full details:

1) New GWPF Paper:  Offshore Wind Costs Are Not Falling
Global Warming Policy Foundation, 25 September 2017


London, 25 September: Spin put on the government’s recently announced strike prices to three large offshore wind farms has misled many into thinking that the costs of offshore wind are falling.

Monday, September 25, 2017

GWPF Newsletter: Germany’s $800 Billion Merkel-Made Climate Policy Disaster

Climate Hysteria Vs Hurricane Resilience

In this newsletter:

1) Germany’s $800 Billion Merkel-Made Climate Policy Disaster
Bloomberg, 21 September 2017
2) GWPF TV: Climate Hysteria Vs Hurricane Resilience
GWPF TV, 22 September 2017

Sunday, September 24, 2017

Melanie Phillips: World ends? Well it may take a bit longer now…

Climate scientists have now admitted they were wrong about man-made global warming and I don’t know whether to laugh or cry.

Not very wrong, you understand, just a bit wrong. Apparently the planet is still going to hell in a carbon-lined hand-cart, just more slowly.

A study in the journal Nature Geoscience says the world has warmed more slowly than had been forecast by computer models, which were “on the hot side” and overstated the impact of emissions. You don’t say.

Matt Ridley: The poor are carrying the cost of today's climate policies

Here is a simple fact about the world today:

• climate change is doing more good than harm.

Here is another fact:

• climate change policy is doing more harm than good.

These are both well-established facts, supported by a great deal of data, as I will demonstrate. Do these facts surprise you? It’s certainly not the impression most politicians, scientists or journalists give. Yet the well-informed ones would not deny it if pressed. They would merely insist, instead, that this position will reverse later in the 21st century and that by then climate change, unchecked, will be doing more harm than climate policy. The eventual ends will begin to justify the painful means.

Saturday, September 23, 2017

NZCPR Weekly: A New Parliament and the Labelling of Food

Dear NZCPR Reader,   

Since this week’s newsletter is going out as the voting booths for the 2017 General Election are closing, we firstly outline what needs to happen before Parliament is up and running again, and then we look into a bill that is in front of a Select Committee that deals with the complex issue of food labelling, our NZCPR Guest Commentator Alan Emerson outlines the case for compulsory country of origin labelling for food, and this week’s poll asks whether you would prefer the voluntary food labelling system that is presently in place to remain, or whether it should be replaced with a mandatory system.

Next week we will look into the election result and what it means for New Zealand.

*To read the newsletter click HERE.
*To register for the NZCPR Weekly mailing list, click HERE.

Friday, September 22, 2017

Frank Newman: Migration and property prices

In the year to the end of July, a record 72,400 more people arrived to live in New Zealand than left.  That represents an annual population increase of about 1.5%. Few would dispute that this has had a significant impact on house prices in recent years.

There are essentially four groups of immigrants: international students, those arriving here to work, those arriving for family reunification, and kiwi's returning from overseas. It's the latter that is having the most influence on the numbers. 

Wednesday, September 20, 2017

Matt Ridley: Hurricanes happen

As Hurricane Irma batters Florida, with Anguilla, Barbuda and Cuba clearing up and Houston drying out after Harvey, it is reasonable to ask whether such tropical cyclones are getting more frequent or fiercer.

The answer to the first question is easy: no. As the Intergovernmental Panel on Climate Change put it recently: “Current datasets indicate no significant observed trends in global tropical cyclone frequency over the past century.” 

GWPF Newsletter: We Were Wrong, Climate Scientists Concede

How The IPCC And Climate Alarmists Hid The Good New About Global Warming

In this newsletter:

1) We Were Wrong, Climate Scientists Concede
Ben Webster, The Times, 19 September 2017 
2) David Whitehouse: Climate Change Will Take Longer, Say Scientists
GWPF Observatory, 19 September 2017

Tuesday, September 19, 2017

Daniel Mitchell: The Real Victims of Class-Warfare Taxation

Remember John Kerry, the former Secretary of State and Massachusetts Senator, the guy who routinely advocated higher taxes but then made sure to protect his own wealth? Not only did he protect much of his fortune in so-called tax havens, he even went through the trouble of domiciling his yacht outside of his home state to minimize his tax burden.

I did not object to Kerry’s tax avoidance, but I was irked by his hypocrisy. If taxes are supposed to be so wonderful, should not he have led by example?

Monday, September 18, 2017

Brian Arrandale: Beware Labour and the Greens

If Labour do take this election with a clear mandate, then we can truly give them the dubious accolade that they are instituting their agricultural policy of eliminating the only world dairy Industry which can economically produce dairy products without the aid of subsidies.  

But emotive and exaggerated environmental concerns over ride economics and a greatly reduced export income. Although according to the Labour/Green electioneering this country will be a cleaner greener place with rivers sparkling.  (They forgot to mention the huge urban pollution from towns and cities)! 

Sunday, September 17, 2017

Pat Palmer: The bureaucratic beat-up on home fires and wood burners

In 2007 the Health and Air Pollution in New Zealand report (HAPiNZ) from the Ministry for the Environment estimated that fine particles (PM10) in the air in New Zealand caused 1,170 premature deaths each year. 

This estimate was based on an epidemiological study from Europe and assumed that PM10 from all sources - blast furnaces, diesel trucks, petrochemical industries, or from your toaster - are all equally toxic. Most PM10 in the New Zealand air has been fairly reliably measured as coming from home fires.

Lindsay Mitchell: Jacinda Ardern will increase poverty because she doesn't understand the drivers

Last year I wrote a paper which explored the link between child poverty and family structure. 

The strongest correlation with child poverty is single parent families on welfare. Additionally, children born into de facto relationships - which had a much higher likelihood of dissolving than marriages - were much more likely to become poor.

In a Sunday Star Times column Jacinda Ardern attacked my research:

This week I opened the paper to find some astonishing "news" - a lack of marriage is to blame for child poverty.

Garth McVicar: Labour weakness on bail law a dangerous back-flip

The Sensible Sentencing Trust is deeply concerned at statements made by Labour Deputy Leader Kelvin Davis on Three's The Nation programme today that they may 'review' the Bail Amendment Act 2013.

The changes to bail brought in by the Bail Amendment Act 2013 simply 'reset' the bail law to a standard the public expect - and that should have already been in place.  For many years, the New Zealand public had repeatedly expressed their outrage and deep concern at the extent of crime committed by offenders on bail.  The fact the remand population has increased so significantly reflects just how lax the law used to be.  We now have a new normal, and that is a good thing.

NZCPR Weekly: Election 2017 - Style versus Substance

Dear NZCPR Reader,   

This week, in our final Election 2017 update, we look into the ‘hot’ election topic of tax and investigate some of the promises that have been made by Labour, our NZCPR Guest Commentator Anthony Willy explains why the Labour Party’s plan to disclose the details of tax policies after the election is so dishonest, and this week’s poll asks whether you agree with Labour that New Zealand needs more taxes? 

All of our NZCPR Election 2017 updates can be viewed on our homepage.

*To read the newsletter click HERE.
*To register for the NZCPR Weekly mailing list, click HERE.

Saturday, September 16, 2017

GWPF Newsletter: Australian PM Face Rebellion Over Green Energy Policy

Tony Abbott To Outline Energy Policy At Annual GWPF Lecture

In this newsletter:

1) Malcolm Turnbull Faces Power Play From Tony Abbott Over Green Energy Policy
Dennis Atkins, The Courier-Mail, 13 September 2017 
2) Tony Abbott To Outline Energy Policy At Annual GWPF Lecture
The West Australian, 13 September 2017

Friday, September 15, 2017

GWPF Newsletter: Australian Govt Walks Away From Green Energy Target

World Building New Coal Plants Faster Than It Shuts Them

In this newsletter:

1) Back to Black: Australian Govt Walks Away From Green Energy Targets
Financial Review, 13 September 2017

2) Tony Abbott Fuels Push From Backbench Against Clean Energy Target

The Australian, 12 September 2017

Thursday, September 14, 2017

Hugh Barr: Tribal groups threatening the public’s foreshore and seabed

National’s Marine and Coastal Area Act (2011) controversially gave Maori tribal groups the ability to privatise New Zealand’s foreshore and seabed out to 22.2 Km (12 nautical miles) from shore, if they could prove that they had exclusively used  and occupied an area of the coast and territorial sea from 1840 to the present day.

Until the 2011 Act, New Zealand’s foreshore and seabed had been in public ownership since 1840, when the colony adopted British law, under which the territorial sea is declared a public common, to which the public generally has access.