The Marine and Coastal Area Act - alchemy at work

The Marine and Coastal Area (Takutai Moana) Act 2011, passed last week, is essentially an experiment in political and legal alchemy. Akin to the fabled quest to turn copper into gold, the Act seeks to translate – but also transform – customary, common law and Treaty of Waitangi rights into a self-contained statutory regime.

To succeed as an enduring solution, the Government must convince stakeholders and the New Zealand public that the Act has struck the right balance.

Introduction

The Marine and Coastal Area (Takutai Moana) Act 2011 (theNew Act) repeals the Foreshore and Seabed Act 2004 (theOld Act), and amends a range of legislation including the Crown Minerals Act 1991, the Resource Management Act 1991 (RMA), and the Conservation Act 1987.