Foreshore and Seabed Controversy

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Foreshore-and-Seabed - Hikoi (protest assembly ) in front of the New Zealand Parliament in Wellington , (April 5, 2004)

The foreshore and seabed controversy is a public political battle in New Zealand .

At its core, this conflict is about the rights of ownership and use of the foreshore and the seabed ( English : Foreshore and Seabed ). The parties to the conflict here are the New Zealand government and non- indigenous groups interested in the use and exploitation of the foreshore and seabed on the one hand and the Māori population on the other.

history

Origin of the conflict

On June 19, 2003, the New Zealand Court of Appeal ( German : Appellations- or Appeals Court ) had to decide in the case of the Ngāti Apa whether the Foreshore and Seabed of the Marlborough Sound had the status of Customary Land (land of the indigenous people ) or Not. Eight Iwi from the northern part of the South Island had sued the Māori Land Court ( German : Māori Landgericht ) in 1997 . They wanted to determine whether or not the area in question belongs to them as customary land under the Te Ture Whenua Māori Act 1993 (TTWMA). The government and various parties had previously agreed that the Māori Land Court had jurisdiction over this matter. A High Court decision assigning the Foreshore and Seabed to the Crown's possession was later brought before the Court of Appeal . A first hearing took place in July 2002.

The Court of Appeal then decided unanimously on June 13, 2003 that the Māori Land Court has jurisdiction and authority to decide in individual cases whether the foreshore and seabed of individual coastal areas is customary land or not. For this specific case, however, the court refused to decide for itself whether the status of a Customary Land existed.

The then Labor government under Helen Clark responded immediately. Only later did it become known that she wanted to give the Māori-Iwi lucrative rights to sea farms in return for giving up their property claims. The possibility of appeal before the Māori land court should the Māori Iwi be taken that way. Anger and resistance among the Māori followed immediately.

This was followed by 3,946 petitions to the government, including from private individuals, who supported the position and point of view of the Court of Appeal and that of the Māori . 94% of the petitions were directed against the legislative initiative.

Protest movement

Hikoi in front of the New Zealand Parliament (April 5, 2004)

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

On the morning of April 22, 2004, the march began with hundreds of people in the direction of Wellington , organized and led by Māori activist and later MP Hone Harawira . Hone Harawira later once said: “In fact, the word I was getting was that if we hadn't organized the march, serious civil disobedience was being planned for all round the country. All hell would have broken loose. " ( German : "Indeed, what was reported to me was that if we had not organized the march, serious civil disobedience was planned throughout the country. All hell would have broken.")

Conservative estimates suggest that around 5,000 protesters crossed Auckland Harbor Bridge on April 27, 2004 , the organizers estimated over 10,000. On 3 May 2004, launched Hikoi of Ngāti Kahungunu of Wairoa , Hawke's Bay and across the country travel and transportation were organized at the protest march on on 5 May 2004 New Zealand Parliament to be there. Around 50,000 people are said to have expressed their protest against the Foreshore and Seabed Act 2004 in Wellington in front of the Parliament building on May 5 , some of them were 1000 km and 14 days away.

A second hikoi was organized in October 2004; it ended on October 16 in Auckland in the Orakei Marae . But in April then Prime Minister Helen Clark made it clear that the protests would not induce the government to make any changes.

Foundation of the Māori Party

At the same time as the protests in the country, Tariana Turia , at the time Minister for the Community and Voluntary Sector and member of the Labor Party , turned away from her party, publicly opposed the legislative initiative and stood against Helen Clark , who threatened her replacement.

On April 30, 2004, Tariana Turia finally announced her resignation as minister with effect from May 17, 2004, resigned a little later from the party and took the initiative with Pita Sharples , Hone Harawira and many others to found the Māori Party . In the July 2004 by-elections in the Māori Electorate Te Tai Hauāuru , Tariana Turia got 92.7% of the vote and was the first candidate for the Māori Party , whose founding can be seen as a result of the foreshore-and- seabed conflict a.

Foreshore and Seabed Act 2004

Despite the nationwide protests, the Foreshore and Seabed Act 2004 was passed in a third reading by Parliament on November 16, 2004 and became legally effective on January 24 , 2005 with the signature of Governor General Silvia Cartwright .

The main points of the law were:

  • Every natural person has a right of access to the foreshore and the seabed.
  • Everyone has the right to navigate in the area.
  • Existing fishing rights will not be affected.
  • The Māori Land Court is no longer competent in matters of customary land rights. Only the High Court can still rule on land rights in question.
  • The public foreshore and the seabed belong to the Crown and cannot be sold unless a law passed by parliament allows this.

Individual evidence

  1. ^ Māori Services - Foreshore and seabed litigation . (PDF 212 kB) Bell Gully, Wellington , June 2003, archived from the original ; accessed on January 24, 2016 (English, original website no longer available).
  2. ↑ Introduction to the common marine and coastal area . (PDF 257 kB) beehive.govt.nz - New Zealand Government , July 1, 2003, accessed on January 20, 2011 (information under the title: The Marine and Coastal Area (Takutai Moana) Bill December 2010 ).
  3. ↑ Ruth Berry : Secrecy over seabed trade-off . New Zealand Herald - Online Edition , July 7, 2003, accessed January 20, 2011 .
  4. ^ Adrienne Ross and Janine Ogg : To Whom It May Concern . New Zealand's Online Community Network , October 2, 2003, accessed January 20, 2011 (English, This letter is exemplary of the many other letters and petitions that were addressed to the government at the time).
  5. ^ Foreshore and Seabed Bill - Report of the Fisheries and Other Sea-related Legislation Committee . (PDF 189 kB) New Zealand Parliament , November 4, 2004, accessed on January 26, 2016 .
  6. ↑ a b Remembering the hikoi . Northern News , April 9, 2009, accessed January 26, 2016 .
  7. ↑ Selwyn Manning : Scoop Images: Foreshore & Seabed Hikoi In Auckland . Scoop Independent News , April 27, 2004, accessed January 21, 2011 .
  8. ↑ Support the foreshore and seabed hikoi - Support Hikoi Takutaimoana II - October 2004 . New Zealand's Online Community Network , accessed January 21, 2011 .
  9. ↑ Remembering the hikoi . In: Northern News . Fairfax Media , June 16, 2009, accessed April 10, 2018 .
  10. ↑ The second foreshore and seabed hikoi - Hikoi Takutaimoana II . New Zealand's Online Community Network , accessed January 21, 2011 .
  11. ↑ Hikoi Hikoi will make no difference to seabed policy, says Clark . New Zealand Herald - Online Edition , April 26, 2004, accessed January 21, 2011 .
  12. ↑ Turia will be sacked if she votes against Government, says Clark . New Zealand Herald , March 29, 2004, accessed January 14, 2011 .
  13. ^ Tariana Turia to resign and force byelection . New Zealand Herald , April 30, 2004, accessed January 14, 2011 .
  14. ^ Electorate profiles - Te Tai Hauāuru Electorate Profile . New Zealand Parliament , December 1, 2014, accessed January 17, 2011 .
  15. ^ Foreshore and Seabed Bill . New Zealand Parliament , accessed January 21, 2011 .
  16. ^ Foreshore and Seabed Act 2004 . New Zealand Legislation , accessed January 21, 2011 .

Remarks

  1. ↑ With foreshore and Seabed (foreshore and seabed) is, according to the foreshore and Seabed Act 2004 meant the coast of New Zealand, which is limited on the high side by the highest water level (flood) and on the sea side by the outer territorial boundary.