Marine and Coastal Area Bill under the Microscope

The Marine and Coastal Area Bill to repeal the Foreshore and Seabed Act 2004 is expected to go though its first reading in the House next week and will be sent to the Māori Affairs Select Committee for scrutiny.

The Government hopes to have the Bill passed before the 2011 general elections and wants it to be a "durable" solution to the issues generated by the Ngati Apa decision and by the previous Government's response to that decision.

This Brief Counsel puts the Bill under the microscope and identifies some items that need consideration.

Approach

Given the long gestation period behind this Bill, the substantial public consultation, the wide media coverage and our own previous commentaries on the issue, we have assumed a high level of knowledge of the Bill's general principles in the preparation of this Brief Counsel.