“Section 58 required an applicant group to prove they have exclusively used and occupied an area from 1840 to the present day, without substantial interruption.
“However, last year the Court of Appeal in Re Edwards made a ruling which changed the nature of the test and materially reduced the threshold.
“The Government does not agree with this change, and wants to ensure the wider public has confidence these tests are interpreted and applied consistently.
“Customary Marine Title gives the holder valuable rights, including refusing resource consents in the area, such as for renewals of some private assets like wharves, or aquaculture expansion.
“All New Zealanders have an interest in the coastal waters of our country, so Parliament deliberately set a high test in 2011 before Customary Marine Title could be granted.
“Therefore, as part of National-New Zealand First coalition agreement, the Government has agreed to propose legislation which will ensure these tests for applications directly with the Crown or through the Courts are upheld as originally intended.”
These measures include:
- Inserting a declaratory statement that overturns the reasoning of the Court of Appeal and High Court in Re Edwards, and the reasoning of all High Court decisions since the High Court in Re Edwards, where they relate to the test for CMT.
- Adding text to section 58 to define and clarify the terms ‘exclusive use and occupation’ and ‘substantial interruption’.
- Amending the ‘burden of proof’ section of the Act (section 106) to clarify that applicant groups are required to prove exclusive use and occupation from 1840 to the present day.
- Making clearer the relationship between the framing sections of the Act (the preamble, purpose, and Treaty of Waitangi sections) and section 58 in a way that allows section 58 to operate more in line with its literal wording.
“Cabinet also agreed that the amended section 58 test should be applied from today’s date, if enacted. This will be reflected in the proposed legislation.
“This means existing CMT decisions will continue to be recognised.
“All undetermined applications as of today’s date, would, if Parliament enacts these amendments, be decided under the clarified test.
“This would include the limited number of applications currently before the High Court that have been heard but where there are no judgments.
“The Government acknowledges that until Parliament legislates to amend the Act that the Courts are required to apply the Court of Appeal’s decision. If enacted, judgments made after today will be overturned.
“Drafting of the Bill is underway. The Government’s current timetable is to seek Cabinet’s approval for introduction of the amendment Bill in mid-September.
“The Act enables the legal recognition of Māori customary rights while protecting the legitimate interests of all New Zealanders in the marine and coastal area.
Hon Paul Goldsmith is the Minister for Treaty of Waitangi Negotiations and is responsible for the Marine and Coastal Area Act process. The announcement is on the Beehive website HERE.
10 comments:
Its about time the NZ Parliament started getting tough with activist judges who think they can rewrite laws that only Parliament can enact. Its a scandal. The problem re the foreshore is that the horse has already bolted and many claims have already been ratified under the weak test that was put in place by the appeal judges. The new law needs to be retroactive!!!!
Congratulations to the Coalition Government for the Customary Marine Title being restored . The warmest news this winter as long as the repeal covers everything within the Coastal and Marine area.
It would have been honourable to all New Zealanders if maori customary rights were also deleted but acceptable if the customary rights only applied to full (100%) maori bloodlines, otherwise it is divisive . The next issue must be an amendement in the wording to dispel the use of "Tikanga" where the inclusion of ; " Maori Practices or Tikanga are not a part of the common law of New Zealand' and any suggestion is a breach of the law
Why is this taken so long. It should have been one of those things on the list for the first 100 days. The longer the wait the fewer beaches we will have. Also, I agree that something should be done about those judges who thought they could override Parliament. What about that oath they're supposed to take?
Such welcome news, although agree with Sandy’s concerns about earlier ratifications. About time activist judges who think they can ignore or trump or overrule parliament’s intentions were identified and stood down.
Repeat of comment made elsewhere (without original typos):
1. Better late than never! (Only have to wait until Sept to have the ball rolling - probably better than the 3 year lag we will need to endure on the Maori wards).
2. Muriel was suggesting a moratorium on cases back in March if memory serves (has Minister Goldsmith had his head up the proverbial derrière until now?)
3. "existing CMT decisions will continue to be recognised" - That is sad. Not sure how many (or if any claims) have had judgement passed but this coalition could clearly have moved to freeze the status quo long before now in the first Action List (a Luxon failure to adequately prioritise?)
4. Tough luck on any claims that have already been granted.
5. Why on Earth do we the taxpayer have to foot the bill via the Crown Relations Office for claimants costs - this is absolutely ridiculous (Oh sorry the gravy train trumps all else).
All existing CMT decisions should be annulled (without compensation) if they don’t comply with parliament’s intentions as clarified by the amending legislation
“Cabinet also agreed that the amended section 58 test should be applied from today’s date, if enacted. This will be reflected in the proposed legislation.
“This means existing CMT decisions will continue to be recognised."
- Nope, not good enough. All existing decisions need to be overturned and resubmitted.
Minister Goldsmith.
Sort out the Law Commission and there plans to make misgendering a crime. This will impact biological women who refuse to bow to the demands of degenerate mentally ill men that think they have a vagina instead of a penis. Women dont have penis's Paul they have a uterus and a vagina and can have babies. MEN CAMT PAUL just in case you thought that you could. Trans men and their enablers are sick individuals that need mental health support. DO YOUR JOB PAUL OR WE WILL MAKE SURE THAT YOU ARE HELD TO ACCOUNT IN HISTORY AS THE MINISTER WHO IGNORED WOMEN AND ALLOWED THE WOKE LAW COMMISSION TO IMPRISON BIOLOGICAL WOMEN WHO REFUSE TO PANDER TO THE MYSOGINISTIC AND NASTY TRANS GENDER COMMUNITY.
It truly beggars belief why those claims already approved under a corrupt interpretation of an Act and clear intent of Parliament should stand? How does the Minister justify that to both Maori who are still going through the process, and will now have to pass a higher bar than those before them, and all the rest of us who see this as an affront to our basic rights, basic equity, and the unity of our country? What an unacceptable disgrace, and all because of their lack of prioritisation. Shame on them!
Somewhere in the legislation should be a statement that the judges ruling is overturned and all judgements made based on that ruling are null and void.
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