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One of the most controversial pieces of legislation enacted by Labour looks set to be repealed.
A review panel on the Foreshore and Seabed Act says it should be scrapped, with Maori and the government urged to return to the drawing board to ensure their rights are balanced with the public's right to access beaches.
A review, which was part of the support deal struck by the Maori Party and National after the last election, has put up two proposals. Both would lead to a repeal of the act, and more negotiations.
The Maori Party says it is looking to the future with confidence after report, with Maori Party co-leader Pita Sharples saying he is a very happy man but says it's a shame it had to come to this because public access was never an issue for Maori.
The review says the 2004 Act is wrong in principle because it discriminates against Maori by taking away their legal right to have the courts determine their position.
It presents two options.
The first is a national policy proposal that would see a bicultural body look at the whole coastal marine area and deliver a one-off national settlement.
The second is a regional iwi proposal, with negotiations between
the Crown and hapu and iwi that could refer matters to the Maori
Land Court.
The review proposes that the government starts with a new interim
law which should recognise some Maori have customary rights to some
coastal areas and the public have rights of use and enjoyment.
The new law would set up principles and ways to settle customary interests and vest the legal title in the Crown until issues are resolved.
Prime Minister John Key isn't yet committing to repealing the controversial Act, saying it may be a credible option but he doesn't want to draw any conclusions at this point.
Key says the government needs to consider the report and look at what future options could be.
The legislation was passed in November 2005. It followed a 2003 Court of Appeal ruling that it might be possible in some cases for Maori customary title to convert into freehold title.
That raised the possibility of parts of the foreshore and seabed being under Maori control and fears that public access to beaches could be restricted. The then Labour government decided to legislate against the ruling.
The legislation sparked immense controversy.
During the formation of the legislation, Tariana Turia quit Labour to form the Maori Party and Maori around New Zealand held hui and hikoi in protest against the law. The most prominent of those hikoi was one from Cape Reinga to parliament in April 2004.
For a timeline of the Act, click here .
You can find the Foreshore and Seabed Act review on the Beehive site.
