United Nations Rules On The Foreshore And Seabed

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By Peter Johnston, Wednesday, 23 March, 2005, Treaty

The Foreshore and Seabed Act 2004 is not the final word on the foreshore and seabed debate. The United Nations has released its ruling on the way that the New Zealand Government chose to deal with the issue. In this article Campbell Duncan reviews the decision.

On 11 March 2005, the United Nations Committee on the Elimination of Racial Discrimination (“the Committee”) released its decision on the New Zealand Foreshore and Seabed Act 2004. The decision followed a petition to the UN from the Treaty Tribes Coalition. The Committee expressed its concern about the “political atmosphere that developed in New Zealand following the Court of Appeal’s decision” and that “it hopes that all actors in New Zealand law refrain from exploiting racial tensions for their own political advantage.”

The Committee also noted that it was concerned at the haste with which the legislation was enacted and that insufficient consideration had been given to alternative responses to the Court of Appeal decision and that the Committee regretted that processes of consultation were narrow.

The Committee noted the complexity of the legislation and commented that the legislation “… appears … on balance, to contain discriminatory aspects against the Maori, in particular in its extinguishment of the possibility of establishing Maori customary title over the foreshore and seabed and its failure to provide a guaranteed right of redress, notwithstanding the State Party’s obligations under Articles 5 and 6 of the Convention [Convention on the Elimination of Racial Discrimination].”

The Committee recommended that the New Zealand government resume dialogue with Maori regarding the legislation and make amendments to the legislation where necessary. The Committee also requested the New Zealand government to monitor the implementation of the Foreshore and Seabed Act, its impact on the Maori population and developing state of race relations in New Zealand and to take steps to minimise any negative effects.

The Committee also requested the New Zealand government when submitting its report to the Committee by the end of 2005, to also include full information on how it is implementing the Foreshore and Seabed Act.

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