Abstract:
The Marine and Coastal Area (Takutai Moana) Bill (the Bill) was introduced to
parliament for its first reading on September 15, 2010. If it is enacted, it will repeal and
replace the scheme put in place by the Foreshore and Seabed Act 2004 (The 2004 Act).
The Bill seeks to govern the relationship between Māori and the British Crown (the
Crown) in New Zealand. The Treaty of Waitangi is seen as the founding document of
this relationship, giving rise to rights and obligations, of which it is now necessary to
define, in a modern context.
This paper will analyse the new Bill in relation to the rights and obligations the
Crown have towards Māori as a partner due to the relationship created by the Treaty of
Waitangi. This paper concludes that the Bill falls short of these obligations through the
simply addressing the immediate issues in the current legislation, rather than addressing
the relationship between the two Treaty signatories
