Post by Kiwi Frontline on Jul 26, 2024 8:19:11 GMT 12
Hon Paul Goldsmith: TEST FOR CUSTOMARY MARINE TITLE BEING RESTORED.
The Government is proposing legislation to overturn a Court of Appeal decision and amend the Marine and Coastal Area Act in order to restore Parliament’s test for Customary Marine Title, Treaty Negotiations Minister Paul Goldsmith says.
“Section 58 required an applicant group to prove they have exclusively used and occupied an area from 1840 to the present day, without substantial interruption.
“However, last year the Court of Appeal in Re Edwards made a ruling which changed the nature of the test and materially reduced the threshold.
“The Government does not agree with this change, and wants to ensure the wider public has confidence these tests are interpreted and applied consistently.
“Customary Marine Title gives the holder valuable rights, including refusing resource consents in the area, such as for renewals of some private assets like wharves, or aquaculture expansion.
“All New Zealanders have an interest in the coastal waters of our country, so Parliament deliberately set a high test in 2011 before Customary Marine Title could be granted.
“Therefore, as part of National-New Zealand First coalition agreement, the Government has agreed to propose legislation which will ensure these tests for applications directly with the Crown or through the Courts are upheld as originally intended.”
These measures include:....
breakingviewsnz.blogspot.com/2024/07/hon-paul-goldsmith-test-for-customary.html
The Government is proposing legislation to overturn a Court of Appeal decision and amend the Marine and Coastal Area Act in order to restore Parliament’s test for Customary Marine Title, Treaty Negotiations Minister Paul Goldsmith says.
“Section 58 required an applicant group to prove they have exclusively used and occupied an area from 1840 to the present day, without substantial interruption.
“However, last year the Court of Appeal in Re Edwards made a ruling which changed the nature of the test and materially reduced the threshold.
“The Government does not agree with this change, and wants to ensure the wider public has confidence these tests are interpreted and applied consistently.
“Customary Marine Title gives the holder valuable rights, including refusing resource consents in the area, such as for renewals of some private assets like wharves, or aquaculture expansion.
“All New Zealanders have an interest in the coastal waters of our country, so Parliament deliberately set a high test in 2011 before Customary Marine Title could be granted.
“Therefore, as part of National-New Zealand First coalition agreement, the Government has agreed to propose legislation which will ensure these tests for applications directly with the Crown or through the Courts are upheld as originally intended.”
These measures include:....
breakingviewsnz.blogspot.com/2024/07/hon-paul-goldsmith-test-for-customary.html