Today the government released its answer to the foreshore and seabed: the Marine and Coastal Area (Takutai Moana) Bill. As foreshadowed by their proposal back in March, the bill repeals the Foreshore and Seabed Act 2004 and replaces it with an almost identical regime, with the significant difference that the foreshore and seabed is now the "common marine and coastal area", managed by but not owned by the crown. As a result of this, any Māori customary title extinguished by the earlier Act is unextinguished, and iwi and hapu are free to go to court to secure well-defined (and slightly more extensive) customary rights. Public access is protected, and while customary rights holders will be able to (for example) grant permission for parts of the common marine and coastal area to be exclusively used for e.g. mining or building a marina, that's no different from the crown's existing powers under the RMA - powers which predate the Foreshore and Seabed Act, and which are regarded as entirely uncontroversial when exercised by Pakeha. There is no reason here for Pakeha to hold any fears over access.
(There is one power to restrict public access, in order to protect wāhi tapu. And that seems entirely reasonable. I suspect that also predates the 2004 Act, but I can't seem to find the original clause...)
I've noted before that the 2004 Act is likely where we would have ended up anyway if the government had negotiated rather than given in to fear and racism. So its no wonder that the new bill looks pretty much the same. The chief differences are ones of tone and consent. But in Treaty relations, those are vitally important. The new bill will be passed in collaboration with Māori, not over their heads on the back of a redneck backlash. And that will make all the difference in the world to how it is accepted.
As for the rest of us, this bill will make very little difference. Where customary rights are proved, some management powers may transfer from the crown to iwi and hapu. A few businesses may find they eventually have new landlords - or partners. But for everyone else, life will continue as normal, and we'll all be free to go to the beach.
