At last, some good news! The eagerly awaited legislation to clarify certain sections of the Marine and Coastal Area (Takutai Moana) Act to align more closely with Parliament's original intent has been introduced to Parliament. Justice Minister Paul Goldsmith says those seeking Customary Marine Title will need to prove they have had continuous exclusive use and ownership of the area since 1840. The legislation addresses the definitions of terms such as "exclusive use and occupation" and "substantial interruption." You can read more about this issue below at ‘Tide turns on Marine & Coastal Area Act’.
There is no doubt opponents of the legislation will mobilise significant resistance to safeguard their own interests over those of the wider community. Democracy Action supports the intention of the proposed changes and urges everyone to make a submission. But we have very little time to do so - the bill has been fast-tracked as the Government intends to pass this legislation before the end of the year.
The closing date for submissions on the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill is 11.59pm, Tuesday, 15 October 2024.
N.B. we plan to provide further information next week for those who need help formulating a submission - once we have received legal advice on the Bill.
The introduction of amendments to MACA is welcome news, but on the other hand Cabinet's recently released document revealing a set of revised Treaty principles is a significant disappointment. ACT’s initial proposal includes three clear and concise principles aimed at enhancing “certainty and clarity”. However, the revised principles are an inconsistent mix of contradictions. Rather than restricting exclusive race-based rights, the revised principles would expand them. Barrie Davis notes this in his Breaking Views commentary, The Revised Treaty Principles Bill, saying "this is an open invitation to Treaty lawyers and judges to advocate and decree what rights hapū and iwi had in 1840, then enshrine those protections into law". You can read the three new foundational principles that will serve as the basis for the legislation below at ‘Revised Treaty Principles Bill – a wasted opportunity’.
Since the final content of the Treaty Principles Bill is yet to be determined, please join us in messaging the ACT party MPs to express opposition to the revised principles. Their email addresses are available in the article.
One of the main drivers of the necessity to amend the MACA law is the judiciary's unforeseen interpretation of the act. But this is not the only example of what is known as 'judicial activism'. Earlier this year the Law Association of NZ published an opinion piece by Gary Judd KC - ‘On judicial imperialism: why judges must ‘stay in their lane’ - in which he expressed concern about the growing incidences of judicial overreach in New Zealand. An upcoming webinar, hosted by the NZ Initiative, is to explore this issue, based on Roger Partridge's report "Who Makes the Law?" Roger’s report challenges the Supreme Court's recent decisions and their implications for our constitutional balance. The webinar - ‘Who Makes the Law? - Reining in the Supreme Court’ - is to be held on Tuesday 15 October, from 2:30 – 3:30 pm. You can register here: https://www.nzinitiative.org.nz/events/webinar-who-makes-the-law-reining-in-the-supreme-court/
Recommended reading
I hope you were able to get hold of a copy of last month’s recommended R C J Stone book ‘From Tamaki-Makau-Rau to Auckland’, which traces the settlement of Auckland from the first known inhabitants to 1840. This month I would like to recommend ‘The Treaty and It’s Times’ by Paul Moon and Peter Biggs. Starting around 1800, the book moves to the signing of the Treaty of Waitangi and finishes with the Northland wars of 1845. Here can be found the European discovery of New Zealand, early missionaries, the Musket Wars, the appointment of a Resident, the Treaty of Waitangi, the start of the colonial Government, the first Governors, the economy of the country, and the establishment of today's major cities.
You may also like to read this month’s choice of interesting opinions - see ‘More News, Views, Opinions…...’ below.
Additionally, we are constantly updating the Democracy Action Facebook page as items of interest come to hand. I recommend you check this out regularly.
Thank you for your continued interest and support. If you have any suggestions you would like to offer, or if you need further information or help, please do not hesitate to contact us at [email protected]
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Kind regards,
Susan Short