Takutai Moana (Public Access, Navigation, Recreation and Fishing) Bill

It has been my opinion for some time now that Act and the Maori Party should be co-operating more and finding common ground so they can extract something from National. At the moment they let National run the whole show and have returned little for their constituents. They let the budget last year go through without gaining anything. The foreshore and seabed bill redux is a case in point. Act gets a measly "without charge" put in and the Maori Party are selling out completely. It could all be different...

Bite it off in little chunks and give each party their own bit they can own - something they can take back to their constituents as evidence they made things better than what National were willing to go with. That's how I would do it. For Act it means placating the paranoid Pakeha over access, securing some concessions for private interests (esp. riparian rights of which the bill is silent) and stating that the doors of the court are open to Maori once again. Being for Act I've left out references to the Treaty.

(Bold is new - normal type is the bill as it stands, although the numbering of sections will be different)

Hon. John Boscawen to move:

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Takutai Moana (Public Access, Navigation, Recreation and Fishing) Bill

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Takutai Moana (Public Access, Navigation, Recreation and Fishing) Act 2011.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

4 Purpose

(1) The purpose of this Act is to—
(a) Recognise and safeguard the rights of the public in the marine and coastal area.
(b) Ensure that the rights of owners of land abutting the marine and coastal area are consistent with the rights of the public.

5 Rights and obligations under international law not affected

To avoid doubt, this Act does not affect the sovereignty of New Zealand under international law over the marine and coastal area, including the airspace above it, the rights and obligations of New Zealand under international law pursuant to that
sovereignty, or the provisions in any other enactment relating to any such rights and obligations under international law.

6 Interpretation

In this Act, unless the context otherwise requires,—

marine and coastal area—
(a) means the area that is bounded,—
(i) on the landward side, by the line of mean highwater springs; and
(ii) on the seaward side, by the outer limits of the territorial sea; and
(b) includes the beds of rivers that are part of the coastal
marine area (within the meaning of the Resource Management Act 1991); and
(c) includes the airspace above, and the water space (but not
the water) above, the areas described in paragraphs (a) and (b); and
(d) includes the subsoil, bedrock, and other matter below the areas described in paragraphs (a) and (b); and is not-
(e) a lawfully enclosed area or structure within the boundaries of a title that abuts the marine and coastal area.

public rights means the rights of access, navigation, fishing and recreation described in sections 9, 10, 11 and 12 of this Act.

recreational activities means physical activities undertaken by a person or persons for their enjoyment, whether organised or not; but does not include fishing.

structure—
(a) has the meaning given in section 2(1) of the Resource Management Act 1991; and
(b) includes any breakwater, groyne, mole or other such structure that is made by people and fixed to land

territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

7 Act binds the Crown

This Act binds the Crown.

8 Repeal of relevant sections of Foreshore and Seabed Act 2004

(1) Sections 7, 8 and 9 of the Foreshore and Seabed Act 2004 (2004 No 93) are repealed.

9 Rights of access

(1) Every individual, without charge, has the right—
(a) to enter, stay in or on, and leave the marine and coastal area; and
(b) to pass and repass in, on, over, and across the common marine and coastal area; and
[clause (c) on recreation taken out, now own section]
(2) The rights conferred by this section are subject to any authorised prohibitions or restrictions that are imposed by or under any other enactment.
(3) A prohibition or restriction of the kind described in subsection (2) may, subject to the enactment in which it is contained or by which it is authorised, apply to—
(a) any or all of the rights conferred by this section:
(b) 1 or more ways of exercising those rights:
(c) 1 or more defined periods, or an indefinite period, or recurring periods of a stated kind:
(d) 1 or more specified areas.
(4) In this section, enactment includes bylaws, regional plans, and district plans.

10 Rights of navigation

(1) Every person has the following rights:
(a) to enter, and pass and repass through, the territorial sea by ship:
(b) to temporarily anchor, moor, and ground within the marine and coastal area:
(c) to load and unload cargo, crew, equipment, and passengers within the marine and coastal area:
(d) to remain in a place within the marine and coastal area for a convenient time:
(e) to remain temporarily in a place within the marine and coastal area until wind or weather permits departure or until cargo has been obtained or repairs completed.
(2) The rights conferred by subsection (1) include anything reasonably incidental to their exercise.
(3) The rights conferred by subsection (1) may be exercised subject to any authorised restrictions and prohibitions that are imposed by or under an enactment.
(4) A restriction or prohibition of the kind described in subsection (3) may, subject to the enactment in which it is contained or by which it is authorised, apply to—
(a) 1 or more of the rights conferred by this section:
(b) 1 or more ways of exercising those rights:
(c) a definite period or an indefinite period, or recurring periods of a stated kind:
(d) 1 or more specified areas.
(5) In this section, enactment includes bylaws, regional plans, and district plans.

11 Rights of recreation

(1) Every person has the right to engage in considerate recreational activities in or on the marine and coastal area to the extent that those activities do not-
(a) significantly harm or alter the natural environment:
(b) harm, make unsafe or unreasonably upset, or cause distress or damage to other users of the marine and coastal area or abutting land owners:
(c) conflict with the public rights of access or navigation.
(2) The rights conferred by this section are subject to any authorised prohibitions or restrictions that are imposed by or under any other enactment.
(3) A prohibition or restriction of the kind described in subsection (2) may, subject to the enactment in which it is contained or by which it is authorised, apply to—
(a) any or all of the rights conferred by this section:
(b) 1 or more ways of exercising those rights:
(c) 1 or more defined periods, or an indefinite period, or recurring periods of a stated kind:
(d) 1 or more specified areas.
(4) In this section, enactment includes bylaws, regional plans, and district plans.

12 Fishing rights preserved

(1) Nothing in this Act prevents the exercise of any fishing rights conferred or recognised by or under an enactment or by a rule of law.

13 Exercise of public rights not to impair private interests in land

(1) The exercise by persons from time to time of public rights in, on or over a specified area of the marine and coastal area, or the placement of any structure or any other thing in connection with the exercise of those public rights, shall not of itself extinguish an interest in land and shall not of itself prejudice or impair any award of title in that specified area that may be granted as the result of a judgement in a court of law or granted as a result of a determination at arbitration to which the Crown has consented to join as a party.

14 Riparian rights unaffected

(1) Nothing in this Act prevents the exercise of any riparian rights conferred or recognised by or under an enactment or by a rule of law.

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On the Maori Party side (now that Act leaves the door open with sec. 13 of the bill above, and ensures at sec. 14 that private landowners with water frontage have some sort of rights acknowledgemnt should title be awarded to the area along their seaward boundary) they should be after a description of what and how the Crown will restrict its confiscations to and thus defines the space left that Maori can seek to have recognised. There is quite a lot of scope for this as the bill as it stands is still almost as restrictive as the 2004 Act.

Hon. Tariana Turia to move:

Takutai Moana (Crown Limitations) Bill

... TBA