Hobson’s Pledge leader Don Brash says his group supports iwi, which have gained customary marine title to parts of New Zealand’s foreshore under the current legislation, despite supporting the rollback of legislation.
Brash presented a submission at the select committee hearing on the controversial Marine and Coastal Area (MACA) (Takutai Moana) Customary Marine Title Amendment Bill.
His comments came in response to questions by Labour MP Duncan Webb about a ‘customary right’ established under the current legislation.
“A customary right, if established, is simply recognising a property right which has existed from 1840 on. What is the underpinning for suggesting that that property right should be expropriated without compensation?”
Brash went on to clarify his group’s position.
“I don’t think there is any suggestion that we want to reverse existing decisions of the court,” he said.
“My understanding is that those will stand.”
“What we are saying is that where the court has not made a decision, the courts should be guided by what Parliament intended.”
Under the current act, Māori can secure legal recognition of their customary interests through customary marine title (CMT) or protected customary rights. Māori can apply in two different ways, either through the High Court or with the Crown, or both.
The coalition’s proposed amendment bill seeks to define the applicable requirements for recognition of customary marine title, namely requirements for, and proof of, exclusive use and occupation of a specified area.
The bill also seeks to alter aspects of the law expressed in judgments specified in the bill.
Brash said that regardless of Hobson’s Pledge’s support for title gained under current legislation, it continued to support the government in rolling back legislation.
“When Parliament passed the Marine and Coastal Act in 2011, it was confidently asserted by the prime minister, and then minister Chris Finlayson that there would be successful claims by iwi for customary marine title around the coastline,” he said.
“The courts have misinterpreted the meaning of exclusive.”
Hobson‘s Pledge had earlier run a ’Save our Shores’ campaign, including a front-page ad in the New Zealand Herald deemed “materially misleading” by the Advertising Standards Authority.
A webpage set up for the campaign is no longer accessible.