Kia ora
Our groups are providing you with this information pack on the
Foreshore and Seabed legislation to encourage you to make a submission to the
Select Committee, and to help you do that.
This information pack contains the following:
-
a list of www links to further resources
-
details of further support available.
Our thanks and acknowledgements to those people and organizations
whose original material we are using.
The Foreshore and Seabed Bill was submitted to
parliament two months ago, and we have until July 12 for submissions to be
accepted – not long! The select
committee will hear oral submissions some time later on.
Written submissions form only one part of the process
but are very important. For one thing, the number of people and groups who
write and ask to be heard at the oral hearing will influence whether an oral
hearing will be held in Te Tai Tokerau.
So no matter how big or small your submission might be, if you have
something to say about this bill – let them know. We can make a difference!
Like the hikoi – which sent a clear message to the
country about the strength of feeling on this issue – writing a submission is a
practical activity to express our feelings. And it is easy!
Submissions do not have to contain a full analysis of
all aspects of the bill. You can use some of the points outlined in this
information kit, but your thoughts and feelings, heart and passion are what is
important. Trust your own instincts and
opinion about what you feel is wrong with this Bill.
Written submissions are important but a passionate,
informed oral submission can be very powerful.
The written submission opens the door to allow you to deliver an oral
submission.
If you are aware of in-depth submissions from other
sources, you might want to say that you support that submission.
Please circulate this information pack widely amongst
supportive whanau, family, friends, work colleagues. If you have queries about other points - you can contact Tim 09
430 7464 or Ngaire 09 4381015 or 021 773468.
Best wishes
Ngaire Rae and Tim Howard
For NURM and Network Waitangi Whangarei
1. Guidelines for making a submission to the
Parliamentary Select Committee on this Bill
Each of us has a right to be heard by those who are
the political decision-makers, because these issues affect all of us. We could also see it as a responsibility
for us as concerned citizens. It is not really difficult to do.
Layout
Hints: Use A4 paper, on one side only, adequate margins, and
spacing between paragraphs. Use
headings and sub headings if necessary.
Try to be clear, concise, and accurate.
Include all relevant information, and check your facts. You can
handwrite; if you do, write clearly.
Typing is better. If you don't
have a computer yourself, ask a friend to do a final copy for you. You may want to lay it out like this:
~~~
Heading:
SUBMISSION on FORESHORE AND SEABED BILL 2004.
Date:
From: Your name, address, and daytime phone number. (If
you represent an organization give details plus who supports you. Or if you are representing a group of
people, or your whanau or an organization, the same applies: give details.
You could state here why you or your group are concerned enough to make a submission
e.g. because of commitment to the Treaty of Waitangi; belief in justice and
peace; that the Bill will result in a major confiscation; because I want my
children /grandchildren to grow up in a country where the rights of Maori as
the indigenous people of this country are acknowledged and that those of us who
have arrived later are honouring the Treaty agreement.
I wish to
appear in person, preferably in (Whangarei) (or “I do not wish to appear in
person”). It would be good if you could
speak at the Select Committee, for them to hear you clearly. You can appoint
someone else to speak for you: "I
wish (full name, address, and
designation) to be with me and speak for me at the time," but you can
leave that out till you receive a date and place to appear before a hearing.
They would accept someone to sit with you at the table and speak for you, as
long as they do not start on their own points, but stick to your
submission. You can enlarge on your
submission, though.
State
clearly whether you oppose the Bill, or support it with conditions.
You could object to one aspect or to more, or say you agree with this, but not
with that.
Brief
summary: Short one-line separate points.
Then
follow with details, setting out each point in a separate paragraph.
Under the heading of
"Introduction", It may be useful to state whether you are Maori,
Pakeha, P.I., or …. And anything else about yourself that may be relevant. E.g.
if you walked the Hikoi.
Then give headings for the main points you are
making, each followed by your arguments against the Bill.
You do not have to do a full analysis of the
Bill. You can in general terms state your objections and that others (e.g. Te
Ope Mana a Tai) will have set out the arguments in detail, which you support.
Conclusion: You
may wish to finish with a statement like “For these reasons, I / we ask that
the Bill be withdrawn and the Government commit themselves to negotiate with
Maori to reach a conclusion” or “For these reasons I trust that you will reject
this legislation in its entirety.”
Ending: End
with a signature (if writing as a group add on behalf of
the organization/group)
Send to: Clerk
of the Select Committee on Foreshore and Seabed Bill 2004,
Parliament
Buildings,
WELLINGTON. No postage needed, write
instead: FREEPOST.
This particular Select Committee requires 25 copies of each submission. It is really important to send this number because if you send only one copy your submission may be discarded. Because there will be so many submissions the Committee Clerk will possibly look for reasons not to accept submissions.
If you can only afford to send one copy, or do not have access to a photocopier, please contact the Clerk of the Committee and ask if you can send one copy. The Committee may refuse to consider it unless you have made this arrangement with the Clerk.
The Clerk of the Committee is Miles Reay- tel (04) 471 9043, fax (04)
499 0486
Email miles.reay@parliament.govt.nz or SC-MA@parliament.govt.nz
The PMA web page with this information and much more is at:-
http://www.converge.org.nz/pma/fsbill.htm
Your submission does not need to be long but it is important to say you oppose the proposed legislation because for example, it is discriminatory/ you are disappointed that a government which represents us can contemplate passing such racist legislation.
Two or three sentences is enough.
Ask to speak to your submission in the town where you live.
Make sure you put your name, address and daytime phone number and post to:
Foreshore and Seabed Bill Select Committee, Secretariat Room9.12a, Bowen House, Parliament Buildings, Wellington
The closing date is 12
July 2004. Try not to be late, but
if you are running late ask the clerk for an extension - it may be granted.
- This proposed legislation is racist, and
does not treat all New Zealanders equally, in a number of ways:
- The foreshore and seabed, once they go into the
Crown’s hands, can be sold off by a simple Act of Parliament, as in so many
other cases over the last 20 years. The Crown can’t honestly say they are
taking this move to prevent Maori selling these coastal areas, when they are
safer in Maori hands
- While customary rights have a longer history than
the Treaty, this IS also a Treaty issue. One of the Treaty ‘partners,’ the
Crown - which is also a litigant at court against the Iwi in the Marlborough
case – is unilaterally taking away the other’s rights, against all the moral
obligations of acting in good faith, of justice.
- We don’t
want this legislation to be passed “in our name”
- The Waitangi Tribunal concluded this policy and
legislation was not redeemable with minor changes, and should be rejected and
the ‘longer discussion’ between Crown and Maori begun
- This Bill affects or is affected by our
international obligations and reputation, especially about how we treat
indigenous people’s rights and the precedents of international law about those
rights; about the Government’s self-interest in regards to Law of the Sea and
related international treaties, etc
- This Bill will impact negatively on future generations’
relations, create future grievances for Maori, count against Maori caring
sustainably for themselves in the context of their obligations of kaitaikitanga
- If Maori can't claim ownership of the foreshore and
seabed because they had sovereignty over Aotearoa before Pakeha came, how can
the Crown assert that right for itself?
This constitutes simple confiscation - again! And Maori leaders have stated that they are not talking about
Western concepts of ownership that allows land to be treated as a commodity
that can be bought and sold at the will of the owner(s)..
- Kaitiakitanga is a most important Maori concept and
a duty on hapu and iwi, and must be acknowledged by the Crown. Shared kaitiakitanga and control over
important public park/beach areas have already been established in many cases
of say Lake Taupo and mountains in the North and South Island, as well as Okahu
Bay in Auckland. Such shared kaitiakitanga
and control would make for more balanced judgements of possible commercial
development of the foreshore and seabed: more concern for sustainability and
conservation issues.
Flaws in the actual legislation as it stands:
- Crown ownership has no guarantee of being so in
perpetuity, as it can be alienated by a further Act of Parliament. There is not even a requirement for an at
least 75% vote: a simple majority of MPs can alienate any foreshore and seabed
in Crown ownership.
- How can anyone claim that Maori are given more
rights by this legislation? Apart from being denied due process of law
initially, they now have to prove "customary rights and usage"
of the foreshore and seabed by proving that they have used it continuously
since 1840 (how is that possible when land alienation has made that very
difficult in many places?). Also,
Government, by that legislation, seems to define "customary rights"
rather unilaterally and against previous interpretations. And should the Courts
decide that Maori actually had "ownership" rights, then these are
already nullified in advance, but Maori may possibly get some compensation - at
the discretion, however, of the Crown.
Note that the Crown guarantees any private ownership already
existing.
- Access never was a real issue with Maori claimants.
More and more access is being denied because of private control of coastal
properties, some including riparian rights. This legislation does not truly
guarantee access to the foreshore from the land where it is restricted by
private owners; there seems no intention of cutting back on riparian rights
held privately, or on enforcing the Queen's chain, or on where the actual
foreshore and seabed is held privately. If you can quote some personal
experiences of finding access to areas of the coast more difficult now, that is
always a good point to make.
Process Points:
- It is not too late to let wiser heads get together
from both sides, and work out a formula that acknowledges Maori mana whenua,
and kaitiakitanga, yet also guarantees the inalienability of the foreshore and
seabed, with dual guardianship and decision- making over development. This
would, only require a small adjustment to Te Ture Whenua Maori Act, 1993. A western fee simple type ownership cannot
ever guarantee inalienability, whether by the Crown or Maori, and it is not a
Maori concept.
- Development does not require letting go of basic
public, inalienable, ownership. Short-term lease arrangements are in use
elsewhere. But the decision-making has
to be shared. And that will be to the
advantage of all of us who care about sustainability and conservation
issues.
- Maori have stated that they are prepared for some
such creative solution and there are many examples where they "own"
certain "public" areas, yet with a formula where they share
guardianship with the Crown or local authorities.
As this legislation
takes away rights from a distinct group of New Zealanders, it is discriminatory
and racist, leaving Maori with less than they had before. As
such it threatens the rights of all of us!
3. Resources and Support
a)
If you require emailed copies of any of the following
articles, please email NURM at the-farm@ihug.co.nz
and let us know which article you would like, and we will send it by return
email.
1.“A Few
Thoughts on the Foreshore and Seabed,” (background information), Grant Powell
(Nov 2003).
2.“Foreshore
Economics,” Network Waitangi Whangarei (Feb 2004).
3.“Speech
to the Arena Forum on the Foreshore and Seabed,” Jane Kelsey (Feb 2004).
4.“Ngati
Kahungunu Statement,” (Sept 2003).
5.“Crown
Baselines for Legislation on the Foreshore and Seabed – An Analysis,” Moana
Jackson (April 04)
6.“Submission
(on Crown Proposals),” NURM (Sept 2004).
7.“Beehive
Chat (re the bach and the beach,” Hon Tariana Turia (29 March 2004)
8.“Report
on the Crown’s Foreshore and Seabed Policy – WAI 1071; Introduction,” Waitangi
Trib (Feb 04)
9.“A
Primer in Making Submissions on the Foreshore and Seabed Legislation,” Moana
Jackson (June 2004)
b)
Websites with useful information on the issue include:
1. The Te
Ope Mana a Tai website: www.teope.co.nz -
including Grant Powell’s papers
2. The
“Talking Points” found on the website of the Ecumenical Coalition for Justice
at www.socialjustice.org.nz
3. The
Peace Movement Aotearoa website: www.converge.org.nz/pma/fsinfo.htm.
4.
Government Information on the bill (including the text) is available on: www.beehive.govt.nz/foreshore/home.cfm
5. The official guide to making submissions has
suggestions on style. (www.clerk.parliament.govt.nz/NR/rdonlyres/53DE9B28-CADA-409F-A9FA-47A7E2CE9B30/0/MakeSubE.pdf)
c) If you require help to write your
submission, NURM will be able to assist. Please ring us at 430 7464 (leave a
message) or email us at the-farm@ihug.co.nz. NURM is also willing to run sessions to help
people prepare for oral submissions with the Select Committee. If you are
interested, please contact us also. Ends/