Post by Kiwi Frontline on May 14, 2021 13:35:24 GMT 12
A BOMBSHELL RULING – by Dr Muriel Newman
A bombshell ruling from the High Court opens the door to tribal control of New Zealand’s foreshore and seabed. It represents a major setback for those who believe the country’s coastline and Territorial Sea should be owned by no-one and protected by the Crown for the benefit of all.
The Edwards case is the first of some 200 Marine and Coastal Area Act applications for customary interest currently before the High Court. Collectively these overlapping claims by Maori tribal groups cover all New Zealand beaches, the sea out to 12 nautical miles, estuaries, and harbours. In his precedent-setting decision, Justice Churchman found in favour of Bay of Plenty tribal claimants, giving them pretty much everything they wanted.
It’s a radical decision that essentially ignores the intention of Parliament by elevating the status of ‘tikanga’ – Maori customary values and practices – above the common law requirements that were meant to ensure claimants met stringent tests that would restrict title to minor pockets of the coast. The Churchman decision is anything but restrictive and if not overturned on appeal is likely to result in New Zealand’s entire coastline being handed over to Maori tribal interests.
Before we examine the details of the judgement, let’s remind ourselves of how we got to this point where private tribal groups may soon control New Zealand’s coast.......
Continue reading Muriel’s explanatory NZCPR newsletter here > www.nzcpr.com/a-bombshell-ruling/#more-34882
A bombshell ruling from the High Court opens the door to tribal control of New Zealand’s foreshore and seabed. It represents a major setback for those who believe the country’s coastline and Territorial Sea should be owned by no-one and protected by the Crown for the benefit of all.
The Edwards case is the first of some 200 Marine and Coastal Area Act applications for customary interest currently before the High Court. Collectively these overlapping claims by Maori tribal groups cover all New Zealand beaches, the sea out to 12 nautical miles, estuaries, and harbours. In his precedent-setting decision, Justice Churchman found in favour of Bay of Plenty tribal claimants, giving them pretty much everything they wanted.
It’s a radical decision that essentially ignores the intention of Parliament by elevating the status of ‘tikanga’ – Maori customary values and practices – above the common law requirements that were meant to ensure claimants met stringent tests that would restrict title to minor pockets of the coast. The Churchman decision is anything but restrictive and if not overturned on appeal is likely to result in New Zealand’s entire coastline being handed over to Maori tribal interests.
Before we examine the details of the judgement, let’s remind ourselves of how we got to this point where private tribal groups may soon control New Zealand’s coast.......
Continue reading Muriel’s explanatory NZCPR newsletter here > www.nzcpr.com/a-bombshell-ruling/#more-34882