Former Attorney-General Critiques New Zealand’s Marine Rights Legislation

Former Attorney-General and National MP Chris Finlayson has voiced strong opposition to the New Zealand government’s recent move to amend legislation concerning customary marine titles. He describes the alterations to the Marine and Coastal Area (Takutai Moana) Act as “foolish” and potentially “extremely harmful” to race relations in the country.

The proposed changes would impose stricter criteria for Māori to establish customary marine title, which allows for exclusive rights to certain coastal areas. Under current law, Māori must demonstrate continuous and exclusive use of a specific area since 1840 to qualify for such rights. A ruling by the Court of Appeal in 2023 had indicated that groups need only show they have sufficient control over an area to prevent others from using it, a position that the Supreme Court later overturned. As a result, the government had previously paused any amendments to the law.

Despite concerns raised by Finlayson, Prime Minister Christopher Luxon asserts that the changes will realign the law with its original intent, thereby achieving a better balance for all New Zealanders. Speaking from Papua New Guinea, Luxon stated, “We think the best way to do [that] is actually to get legislation to put it back to its original intent, which struck the right balance.”

Finlayson disputes this interpretation, arguing that the Supreme Court has already clarified Parliament’s intentions from 2010. He contends that the amendments do not restore the original legislative intent but rather undermine it. Finlayson, who served as Attorney-General during the enactment of this legislation in 2011, expressed deep concerns over what he sees as a betrayal of agreements made between the National Party and the Māori Party at that time.

“These amendments destroy the settlement that the National Party and the Māori Party reached in 2010,” Finlayson told RNZ. He added, “Tangata whenua have a few wins in court, and it’s ripped away from them by the government, which changes the goalposts 15 years later.”

The proposed changes have drawn sharp criticism from various quarters, including Labour Party Māori Crown-Relations spokesperson Peeni Henare. Henare stated that the amendments would significantly limit Māori’s ability to test their rights in court. He remarked, “In 2011, the National Party made much of their commitment to Māori ‘having their day in court,’ and this proposed change takes that away again.”

This sentiment is echoed by several iwi, including Ngāpuhi and Ngāti Wai, who have expressed their discontent through protests and public statements. In a notable incident, members of Ngāpuhi walked out of an Iwi Chairs Forum meeting with the Prime Minister in protest against the legislation.

The Waitangi Tribunal has also weighed in on the matter, asserting that the proposed changes reflect a “blind adherence” to existing political commitments at the expense of Māori interests. The tribunal’s findings highlight the ongoing tensions between legislative actions and Māori rights, emphasizing the need for a more equitable approach.

As discussions continue, the government faces mounting pressure to reconsider its stance on the amendments. The outcome of this legislative battle will likely have lasting implications for race relations and the Māori-Crown relationship in New Zealand.