The Marine and Coastal Area (Takutai Moana) Bill 2010

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