MINISTERIAL REVIEW OF THE FORESHORE AND SEABED ACT 2004

For information about the current consultation process (April 2010), please go to Reviewing the Foreshore and Seabed Act 2004.

OVERVIEW

Following the General Election in November 2008, the National Party entered into a Relationship and Confidence and Supply Agreement (PDF, 59Kb) with the Māori Party.

The National Party and the Māori Party agreed to initiate as a priority a Review of the application of the Foreshore and Seabed Act 2004 to ascertain whether it adequately maintains and enhances mana whenua.

Ministers representing the two parties worked together to prepare agreed Terms of Reference for the Review.

On 4 March 2009, the Ministerial Review Panel was appointed to lead an independent Review.

The Ministerial Review Panel undertook a series of consultation meetings around the country and accepted oral and written submissions from a wide range of individuals and groups.
View Submissions

On 30 June 2009, the Ministerial Review Panel handed over their report to the Government.

The report includes the panel's advice and sets out a range of options on the most workable and efficient ways that both customary and public interests in the foreshore and seabed can be recognised and provided for in the coastal marine area.

The Government is now considering the Panel's report.

MINISTERIAL REVIEW PANEL

(see attached profiles and photos)

TERMS OF REFERENCE

Having regard to the Relationship and Confidence and Supply Agreement between the National Party and the Māori Party (16 November 2008) to undertake a review of the Foreshore and Seabed Act 2004, the Ministerial Panel ("Panel") is asked to provide independent advice on:

the nature and extent of the mana whenua and public interests in the coastal marine area prior to Attorney-General v Ngāti Apa [2003] 3 NZLR 643
options that were available to the government to respond to the Court of Appeal decision in Attorney-General v Ngāti Apa [2003] 3 NZLR 643
whether the Foreshore and Seabed Act 2004 effectively recognises and provides for customary or aboriginal title and public interests (including Māori, local government and business) in the coastal marine area and maintains and allows for the enhancement of mana whenua
if the Panel has reservations that the Foreshore and Seabed Act does not provide for the above, outline options on what could be the most workable and efficient methods by which both customary and public interests in the coastal marine area could be recognised and provided for; and in particular, how processes of recognising and providing for such interests could be streamlined

The Panel will also need to consider how these processes will integrate with legislation that regulates the coastal marine area.

In undertaking this work, the Panel will:

consider the approaches in other Commonwealth jurisdictions to recognise and provide for customary and public interests in the coastal marine area;
consider the submissions by the public and other publicly available reports made to the Fisheries and other sea-related Legislation Committee in 2004 on the Foreshore and Seabed Bill and the Waitangi Tribunal's 2004 Report on the Crown's Foreshore and Seabed Policy; and
undertake consultation with Māori and the general public through a series of public meetings and hui.

The Panel is encouraged to invite key commentators to speak to it and will receive written submissions.

The Ministry of Justice will provide secretariat support to the Panel.

The Ministerial Panel is to provide a written report to the Attorney-General addressing these matters by no later than Tuesday 30 June 2009.