New Zealand foreshore and seabed controversy

The Foreshore and Seabed controversy is a public political debate in New Zealand.

Essentially, it is in this conflict over the ownership and use rights of the coastal foreland and seabed (English: Foreshore and Seabed ). [Note 1] conflict partners here are the New Zealand government and interested in the use and exploitation of the Foreshore and Seabed non-indigenous groups on the one hand and the population of Māori on the other side.

History

Genesis of the conflict

On 19 June 2003, the New Zealand Court of Appeal ( German: Appeals or Court of Appeal) taken in the event of the Ngāti Apa decision on whether the Foreshore and Seabed of the Marlborough Sounds has the status of Customary land ( land of the indigenous people ) or do not. Eight Iwi of the northern part of the South Island in 1997 were before the Māori land Court ( German: Māori land court ) sued. They wanted to determine whether the area in question as Customary land Te Ture Whenua Māori in accordance with the Act 1993 ( TTWMA ) belongs to them or not. The government and various parties had the Māori land Court lacked the competence in this matter in advance. A decision of the High Court in which the Foreshore and Seabed was assigned to the possession of the crown, was later brought before the Court of Appeal. A preliminary hearing was held in July 2002.

The Court of Appeal then decided unanimously on 13 June 2003 that the Māori land Court has jurisdiction and the competence to decide in individual cases whether the Foreshore and Seabed individual coastal area is Customary land or not. The court rejected this particular case, from itself to decide whether the present status of Customary land.

The former Labour government under Helen Clark responded immediately, but made a secret of its plans, the Māori iwi in return for giving up their claims of ownership to obtain lucrative rights to marine farm economies. The possibility of appeal before the Māori land Court should be taken to Māori iwi so. The anger and resistance among Māori was followed by return of post.

It followed 3,946 petitions to the government, even by individuals who supported the position and perspective of the Court of Appeal and the Māori. 94% of the entries were directed against the legislative initiative.

Protest movement

For New Zealand the autumn of 2004 formed out against the passage of the Foreshore and Seabed Act, a nationwide protest movement. The start of all protest marches ( Hikoi ), who wanted to unite coming from the different parts of the country on 5 May 2004 in Wellington, made the Hikoi that started from Te Rerenga Wairua ( Cape Reinga ) from.

On the morning of April 22, 2004, the march continued with hundreds of people in the direction of Wellington in transition, organized and led by Māori activists and MPs Hone Harawira later. " In fact ," said Hone Harawira later, " the word I was getting what did if we had not Organised the march, serious civil disobedience what being Planned for all round the country. Would have broken loose all light. " ( German: "In fact, what has happened to me was that if we had not organized the march had been planned across the country serious civil disobedience Hell would have been going on. ").

Conservative estimates suggest that crossed on 27 April 2004 about 5,000 demonstrators Auckland Harbour Bridge. the organizers went out of over 10,000. On 3 May 2004, the Ngāti Kahungunu Hikoi of Wairoa, Hawke 's Bay starts and throughout the country travel and transportation were organized around on 5 May 2004 to be at the protest march to the New Zealand Parliament here. Around 50,000 people, it will eventually have been on May 5, 2004 in Wellington in front of parliament expressed their protest against the Foreshore and Seabed Act expressed, some of which were 1000 km and 14 days to arrive.

A second Hikoi was organized in October 2004, which ended on 16 October in Auckland Orakei Marae in. But in April, the then Prime Minister Helen Clark had made it clear that the protests would move the government to any changes.

Establishment of the Māori Party

Coinciding with the protests in the country turned Tariana Turia, at the time Minister for the Community and Voluntary Sector and member of the Labour Party of their party from, opposed it publicly against the legislative initiative and went into the conflict with Helen Clark, who threatened her with detachment.

On 30 April 2004 Tariana Turia finally gave herself her resignation as Minister with effect from May 17, 2004 known, came a little later from the party and took with Pita Sharples, Hone Harawira and many others, the initiative for the establishment of the Māori Party. In the by-elections in July 2004 in the Māori Electorate Te Tai Hauāuru Tariana Turia got 92.7 % of the votes and moved as the first candidate of the Māori Party, whose creation can be seen as a consequence of the Foreshore and Seabed conflict in parliament.

Foreshore and Seabed Act 2004

Despite the nationwide protests of the Foreshore and Seabed Act was adopted in 2004 on 16 November 2004, at third reading by Parliament and legally on 24 November by the signature of the Governor-General Silvia Cartwright with effect from 17 January 2005.

Key elements of the Act were:

• Any natural person has a right of access to the foreshore and seabed.
• Every person has the right to navigate the area.
• Existing fishing rights will not be affected.
• The Māori land Court is not competent in matters Customary land rights. Only the High Court can not rule on question related land rights.
• The public foreshore and seabed belongs to the Crown and may not be sold unless a bill passed by the Parliament Act permits.