New Zealand foreshore and seabed controversy

The New Zealand foreshore and seabed controversy is a debate in the politics of New Zealand. It concerns the ownership of the country's foreshore and seabed, with many Māori groups claiming that Māori have a rightful claim to title. These claims are based around historical possession and the Treaty of Waitangi. On 18 November 2004, the New Zealand Parliament passed a law which deems the title to be held by the Crown. This law, the Foreshore and Seabed Act 2004, was enacted on 24 November 2004. Some sections of the Act came into force on 17 January 2005. It was repealed and replaced by the Marine and Coastal Area (Takutai Moana) Act 2011. Ngati Apa v Attorney-General In 1997, an application was made to the Māori Land Court requesting, amongst other matters, that "the foreshore and seabed of the Marlborough Sounds, extending the limits of New Zealand's territorial sea" be defined as Māori customary land under the Te Ture Whenua Māori Act 1993. The Māori Land Court determined that it could consider the issue, but was overruled by the High Court. On 19 June 2003, New Zealand's Court of Appeal ruled in Ngati Apa v Attorney-General, amongst other matters, that: "The definition of 'land' in Te Ture Whenua Maori Act 1993 did not necessarily exclude foreshore and seabed"; "The title vested in the Crown was radical title which was not inconsistent with native title"; Various Acts had influence over but did not extinguish property rights; The Maori Land Court had jurisdiction to determine "an investigation of the title to the land ... under s 132 and an order determining the relative interests of the owners of the land". In Re the Ninety-Mile Beach The Court of Appeal overturned a line of precedent dating back to the 1877 decision in Wi Parata v Bishop of Wellington, and affirmed by the New Zealand Court of Appeal in the 1963 Ninety Mile Beach decision. These early decisions held that because of circumstances unique to New Zealand, Māori land ties were so weak that they could be extinguished through such indirect routes as unrelated phrases in legislation or through the Native (now Māori) Land Court’s investigation of dry land adjoining the foreshore.