Post by Kiwi Frontline on Sept 7, 2018 6:07:14 GMT 12
MARINE AND COASTAL AREA ACT 2011 – HOW WILL IT BE ARGUED?
I am an ‘interested party’ in the Marine and Coastal Area Act 2011 and am opposed, mainly on the general principal of equality of rights – but also because I am a keen fishermen and don’t want to see any restrictions on my right to fish.
I am not part of any organisation, and the views expressed following are my own.
I have been looking at MACA a lot since I first heard of it a year ago, and one thing strikes me – how vague it is. It is riddled with uncertainties and general matters that will require interpretation
At my last count there are 6 matters requiring clarification, and there will be more. I am sure that there are arguments that could strengthen opposition to claims – which need to be put to the High Court in a cogent and persuasive way.
Here are some of my thoughts on some of those arguments. Concern..
HEARSAY
If historical evidence is given that is based on what claimant’s ancestors passed down orally, this is “hearsay” and cannot be relied on.......
EXCLUSIVE USE
To prove a Customary Marine Title exists, under section 58, the Act requires that the applicant group:....
STATUTORY DEADLINE
In dealing with the applications, in section 100, the Act outlines who can apply and when:.....
WAHI TAPU
With regards to the establishment of wahi tapu, the in section 78, the Act requires:.....
RAHUI AND INTIMIDATION
Rahui
In addition to wahi tapu restricting public access, holders of a Customary Marine Title will be able to declare rahuis,......
Intimidation
In recent years, there has been intimidation of the public, by some Maori; attempting to prevent others from lawfully accessing public areas and carrying out lawful activities........
CONCLUSION
How general matters will be determined will be of vital interest to opposing parties.......
Read Rex’s full NZCPR guest commentary here > www.nzcpr.com/marine-and-coastal-area-act-2011-how-will-it-be-argued/#more-27300
I am an ‘interested party’ in the Marine and Coastal Area Act 2011 and am opposed, mainly on the general principal of equality of rights – but also because I am a keen fishermen and don’t want to see any restrictions on my right to fish.
I am not part of any organisation, and the views expressed following are my own.
I have been looking at MACA a lot since I first heard of it a year ago, and one thing strikes me – how vague it is. It is riddled with uncertainties and general matters that will require interpretation
At my last count there are 6 matters requiring clarification, and there will be more. I am sure that there are arguments that could strengthen opposition to claims – which need to be put to the High Court in a cogent and persuasive way.
Here are some of my thoughts on some of those arguments. Concern..
HEARSAY
If historical evidence is given that is based on what claimant’s ancestors passed down orally, this is “hearsay” and cannot be relied on.......
EXCLUSIVE USE
To prove a Customary Marine Title exists, under section 58, the Act requires that the applicant group:....
STATUTORY DEADLINE
In dealing with the applications, in section 100, the Act outlines who can apply and when:.....
WAHI TAPU
With regards to the establishment of wahi tapu, the in section 78, the Act requires:.....
RAHUI AND INTIMIDATION
Rahui
In addition to wahi tapu restricting public access, holders of a Customary Marine Title will be able to declare rahuis,......
Intimidation
In recent years, there has been intimidation of the public, by some Maori; attempting to prevent others from lawfully accessing public areas and carrying out lawful activities........
CONCLUSION
How general matters will be determined will be of vital interest to opposing parties.......
Read Rex’s full NZCPR guest commentary here > www.nzcpr.com/marine-and-coastal-area-act-2011-how-will-it-be-argued/#more-27300