Maori Property in the Foreshore and Seabed: The Last Frontier

Many states around the globe are faced with reconciling the inherent rights of Indigenous peoples with those asserted by the state. Within New Zealand we remain engaged in this process of reconciliation, and while there has been significant progress, there remain many outstanding and controversial questions about the status of Māori and their Treaty and customary rights. This fact was brought into sharp focus by the Court of Appeal decision of Ngāti Apa.

The Ngāti Apa decision was one of the most controversial modern decisions on Māori rights. Did it grant iwi exclusive rights to the New Zealand coastline or was it merely an endorsement of their right to engage in long-practised activities? It was quickly decided by government that Parliament would intervene and enact legislation to administer Māori customary claims to foreshore. However, the speed with which the legislation was enacted left little time for meaningful debate and reflection.

This collection of essays does not aim to be an exhaustive treatment of the legal issues raised. It does, however, address many of the salient issues raised. Topics covered include the history of Ngāti Apa, how the Foreshore and Seabed Act (FSA) compares with schemes created in other countries with indigenous inhabitants, and how the FSA stacks up against international human rights law and environmental law.

They are essays written by academics on topics that fall within their area of expertise. The general tenor is that New Zealand in its haste has enacted legislation that undermines the rights of iwi. In short, the view is that the reconciliation process has tipped too far in favour of the rights of the state and non-Māori. While the foreshore may be the last frontier in terms of terra firma in this country, there are many challenging issues ahead of us.