When New Zealand First returned to Government, we made a promise to stand for equal citizenship and one law for all. We are a party of action and so while that promise may have been little more than a slogan for other parties, for us it's a line in the sand.
It is New Zealand First who fought hard to ensure our coalition agreement with National included 'amending section 58 of the Marine and Coastal Area Act'.
Today in Parliament, we passed the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill. Watch my full speech here.
You've probably seen a headline here or there about it; perhaps referred to as MACA. But often the important details, the context, gets missed in the news reports in favour of dramatic (but ridiculous) headlines. So bear with us while we lay down some facts to explain why it was so important for New Zealand First to ensure this Bill was included in our coalition agreement and passed into law.
The fight over who controls New Zealand's coastline has been waging for decades and New Zealand First has resolutely stood on the principle that all New Zealanders should have access to New Zealand's shores and seas, and that no one race should "own" it.
New Zealand First supported the original Foreshore and Seabed Act 2004 which extinguished all customary title and vested ownership of the coast in the Crown. We backed the bill on the grounds that it secured the coast for the public and prevented race-based property rights. Winston Peters said the law was necessary to prevent the fragmentation of national sovereignty and ensure "one law for all citizens."
Wasn't he spot on? They say hindsight is 20/20, but Winston had the measure of the situation even while living it.
In 2011, that settled legislation was replaced with the Marine and Coastal Area (Takutai Moana) Act, declaring that no one owns the coast but creating a new legal path for iwi and hapū to seek Customary Marine Title (CMT) if they could prove "exclusive use and occupation since 1840". A bit strange seeing as there is little to distinguish CMT from ownership.
Over time, court interpretations widened the remit of the bill and lowered the threshold for claiming rights. Now almost every metre of New Zealand's coastline has been claimed or is under active claim.
We said this would happen and we were right. Now we're fixing it.
In 2011 New Zealand First opposed the original MACA bill. Our leader called the new law "a constitutional outrage" that "betrayed the public promise that no one would own the coast."
He warned that it would lead to endless court battles; ambiguous customary titles being granted over vast areas; a gradual transfer of control from public to private (tribal) interests; and new racial divisions "as dangerous as those created by the original debate."
But Winston promised that when New Zealand First re-entered government, we would review and amend the Act to restore the original intent of equal citizenship which is precisely what this Amendment Bill now does.
The bill reduces the ambiguity of the CMT test, re-affirms that a customary marine title cannot be sold and public access is maintained, and puts the burden of proof back where it belongs, on applicants to show continuous, exclusive use since 1840.
This fulfils an important New Zealand First coalition policy commitment, upholds the sovereignty of Parliament, and balances the public interest in the common marine and coastal area. Clarity, fairness, and transparency replacing legal ambiguity.
This is what delivering on a promise looks like.
Winston Peters' comments on the bill have been tested and found to be true. If only the opposition and the media listened to him more often! They jump up and down when he says things like "Māori don't own the sea… nobody owns the sea." But he is right and what's more, he is amplifying how ordinary New Zealanders feel. He is giving a voice to those who are too often ignored.
The passing of this bill should feel like a true victory to you if you believe in:
- Equal citizenship: no special rights above your fellow Kiwi because of ancestry.
- Public access: your right to the beach is not for sale or dependent on if you have a Māori ancestor.
- The importance of Parliamentary sovereignty: the courts are there to interpret the law, not create it.
Inevitably, the usual suspects are not happy.
Activists will do what activists do. Commentators will try to paint common sense as controversy. That's fine. We'll front up with the facts and we'll continue representing the will of New Zealanders like you.
New Zealanders, like you, who despair at the turn our country took some time ago toward some race-based laws, are crucial to how we can turn things around. Will you chip in to advance the fight?
More and more we are hearing that New Zealanders recognise that for the change we desperately need to happen New Zealand First simply must have more seats in Parliament and around the Cabinet table.
Either we are one nation, under one law, or we are something else. And that something else is a scary thought indeed. We know where we stand.
