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July 30, 2024
Government rides roughshod over court tikanga
Atereano Mateariki
Posted On July 30, 2024
Download AudioAn expert in Māori land law says proposed changes to the Marine and Coastal Area Act will reopen controversy sparked by the original Foreshore and Seabed Bill 20 years ago.
Treaty Negotiations Minister Paul Goldsmith says a recent Court of Appeal judgment has weakened the test under section 58, that requires an iwi or hapū applicant to prove they have exclusively used and occupied an area from 1840 to the present day, without substantial interruption – and he intends to restore parliament’s original intention.
Andrew Erueti from the University of Auckland says the Foreshore and Seabed Act was an example of parliament interfering with the work of the courts, which is against constitutional principles.
He says the Court of Appeal is responding to evolving understanding of how the law incorporates tikanga Māori, which is an explicit part of the Act.
“Here we have another government, another parliament again imposing legislation over the top of a judicial decision against the interests of Maori,” Dr Eruiti says.
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