Michael Cullen. Pic: NZPA

Wellington, April 21 NZPA - The Labour Party has proposed restoring the right of iwi to apply to the Maori Land Court for customary title to the foreshore and seabed.

Its submission to the panel that is reviewing the Foreshore and Seabed Act says there should be statutory criteria around applications and that there should be explicit bans on charging for public access or selling any land.

"Any customary title awarded should not be able to be converted into freehold title," the author of the submission, Michael Cullen, said today.

"The matter must be resolved once and for all...the potential for that broad consensus to be reached appears possible."

The Act, one of the previous Labour government's most difficult and controversial pieces of legislation, followed a 2003 Court of Appeal ruling that it might be possible, in some cases, for Maori customary title to be converted into freehold title.

That raised the possibility of parts of the foreshore and seabed being under Maori control, and the Labour government legislated against the ruling.

The Act provided processes for recognition of customary rights but Maori strenuously opposed the removal of the right to test title claims in court.

Dr Cullen, who was in charge of the legislation when it went through Parliament, said it was the best solution possible at the time.

"I have always regretted the fact that National and other parties refused to enter into proper discussions on this issue so that a broad political consensus could be reached," he said.

"As a result, compromises were required. The review provides a chance to revisit the Act and Labour won't use the issue as a political football."

Dr Cullen said the reality was that while iwi and hapu around the country would be able to establish certain customary rights to the foreshore and seabed, in most cases it was unlikely those rights would amount to customary title.

And if customary title was granted to an iwi or hapu, it would almost certainly apply to remote areas which were not used by others.

There was no possibility, he said, of customary title being granted to popular beaches which were used by many different groups.

The Government announced on March 3 that the Act would be reviewed by a panel headed by former High Court judge and Waitangi Tribunal chairman Eddie Durie.

The review is part of the Government's support agreement with the Maori Party, which wants the Act repealed.

When the review was announced, Attorney-General Chris Finlayson said he thought current law was poor and the panel would look for "the most workable and efficient methods" of recognising Maori rights and New Zealanders' access to beaches.

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