While media are focused on child abuse, the Govt signals legislation to clip judges’ wings and restore Customary Marine Title rules
The news media and political commentariat have feasted on the final report of the Royal Commission of Inquiry into Abuse in State and Faith-based Care – tabled in Parliament yesterday – and the Government’s immediate response to its findings and recommendations.
Bryce Edwards listed a raft of the resultant media headlines on the Democracy Project website this morning.
Among them:
Ric Stevens (Open Justice Reporting): Royal Commission of Inquiry into Abuse in Care: What the final report says
Tom Kitchin (RNZ):The Detail: Secrets of state and faith-based care, finally revealed
Liam Rātana (Spinoff): Government faces critical test with abuse in care report
Laura Walters (Newsroom): Govt takes blame, will apologise to children abused and tortured in state care
Felix Desmarais (1News): Abuse in care: ‘Devastating’ cost to survivors, ‘stain’ on society.
There have been many more media reports today and no camouflaging of a clamour among journalists for the Government to reconsider its establishment of boot camps and restore a place for the Treaty of Waitangi in legislation which governs the work of Oranga Tamariki.
There have been many more ministerial statements, too.
They include news of an initiative plainly aimed at having our laws written by Parliament rather than determined by judicial activists. Stand by for a howl of opposition to this one, announced by Treaty Negotiations Minister Paul Goldsmith.
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The Government is proposing legislation to overturn a Court of Appeal decision and amend the Marine and Coastal Area Act in order to restore Parliament’s test for Customary Marine Title.
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Speech
Mr Speaker, this is a day that many New Zealanders who were abused in State care never thought would come.
For the first time, the Government is formally acknowledging some children and young people at Lake Alice Psychiatric Hospital experienced torture.
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Paul Goldsmith – explaining the proposal to restore Parliament’s test for Customary Marine Title – said Section 58 of the legislation 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, Goldsmith said.
That’s why Parliament deliberately set a high test in 2011 before Customary Marine Title could be granted.
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.
“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.”
Goldsmith said the Government acknowledged that the Courts are required to apply the Court of Appeal’s decision until Parliament legislates to amend the Act.
If enacted, judgments made after today will be overturned.
Drafting of the Bill is under way. The Government’s current timetable is to seek Cabinet’s approval for introduction of the amendment Bill in mid-September.
Point of Order is a blog focused on politics and the economy run by veteran newspaper reporters Bob Edlin and Ian Templeton
1 comment:
Finally the Government is acting to stop the iwi takeover of our coastline. Unfortunately there is still a massive amount of work for them to do in reversing the maorification of NEW ZEALAND!
Of course the Apartheid Enthusiast swill be squealing their usual racist garbage but that is music to my ears.
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