Opposition parties have promised to repeal the coalition's changes to the Marine and Coastal Area Act (MACA) if re-elected.
The coalition has pitched the changes as restoring the legislation to its original intent, while critics argue they diminish Māori rights.
The MACA law was introduced by National in 2011 in response to Labour's highly controversial Foreshore and Seabed Act 2004.
It has been contested in the courts, with a key Court of Appeal ruling making it easier for groups to win customary title in 2023.
The Supreme Court went on to overturn that decision last year, though the government considered it and said the test remained too broad.
National had agreed to tighten up the legislative test, making it harder for Māori to secure titles, in its coalition agreement with New Zealand First.
'This is not something that we've done lightly' - Justice Minister
Speaking in the third reading last night, Justice Minister Paul Goldsmith said the courts had interpreted the test in a way that "materially reduced" its intended effect.
"The bill clarifies the wording of the current test and provides additional guidance to decision makers in interpreting and applying the test.
"Key elements include more tightly defining what exclusive use and occupation means, requiring decision makers to base any inferences on a firm basis of physical evidence, not just cultural associations in that second part of the test, and thirdly placing the burden of proof more squarely on applicants to demonstrate that they meet both legs of the test."
Goldsmith said the legislation was retrospective, overriding court decisions made after July 24 2024, and the government had provided $15 million to support Māori groups to cover the costs of going back to court.
"I recognise that this will be very disappointing to groups who have been through the process. This is not something that we've done lightly but there is a long way to go and much of our coastline still to be considered and we believe as a government that it's important to get that right."
New Zealand First's Casey Costello said her leader Winston Peters had been a "champion of equal citizenship and protecting the legitimate interests of all New Zealanders and the marine and coastal area of New Zealand".
"This is not removing the rights for Māori. Māori, like any New Zealander, have the opportunity to enjoy their coastline and enjoy their benefits."
The ACT party's Todd Stephenson said the bill restored the exacting test to establish customary marine title that had been undermined by a number of court decisions.
"We will be supporting this because it does restore what Parliament intended."
Opposition parties slam the bill, promise to repeal it
Labour's Peeni Henare said the bill's third reading continued a "long legacy" of Parliament "treating Māori as second class citizens".
"For whatever reason, this government continues to say co-governance, co-management, or working alongside Māori is not the thing to do and would rather score political points instead of underscoring the good frameworks that are already in place that allow management of places like the marine and takutai moana."
The Green Party's Steve Abel said New Zealand had no decent future if Parliament kept doing "shitty legislation like this".
"No good can come from a bill of this character. It is a bill that explicitly leads in to those worst mindsets of colonisation; that at every turn Māori are cut against and undermined and undone and for all the efforts of this chamber and this house to make amends for those cruel histories of colonisations, this bill forces the Crown back into a position of dishonorability."
Te Pāti Māori's Tākuta Ferris said Māori would mobilise, given no government in history had ever had the right or authority to extinguish the Tiriti-based rights of Māori.
"What this government is doing now guarantees that the fight for Te Tiriti justice only deepens from this point on and continues on into the next generations.
"They've set the playing field for generations to come, condemning our children, our tamariki to needless, endless, perpetual fighting, costly court cases, societal disharmony and time, energy and money-wasting on a staggering scale."
The morning's headlines in 90 seconds, including fire destroys homes near Kaikōura, wild weather set to intensify, and the memoir by Prince Andrew’s accuser is published. (Source: 1News)
SHARE ME