Don Brash - We were wrong

The Foreshore and Seabed Act 1994 was a moral travesty.

The Treaty of Waitangi – an agreement entered into by Crown and Iwi (Maori tribal groups) – made the following guarantee:

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession.

Over the years, various claims have been made that this pledge in the Treaty has been violated. The Waitangi Tribunal was set up as a court that exists specifically to review claims of Treaty violation, and each claim is evaluated on – well, a case by case basis, quite literally.

The Foreshore and Seabed Act was an affront to due process. In fact, it abolished it altogether. In a move of remarkable corruption, the Crown – one of the parties to every dispute over alleged Treaty breaches, through Parliament, passed legislation declaring by Statute that the entire foreshore and seabed (parts of which may at times be subject to Treaty disputes) is the sole property of the Crown. Take a moment to reflect on the judicial evil and the abuse of power commited here.

I can understand that the Labour party passed this legislation. The outlook of the left is one in which individual rights can fairly easily be overturned in the interests of a larger group. In fact that, in my view, is one of the factors that contributes to just how “leftist” I will regard a point of view. That the National party at the time supported this move just revealed to the nation (a nation that, showing its ugly and frightening side, largely supported the law change) that they are anything but the opposite of Labour. This fact has been borne out as National moved into power as well. They may not be as far to the left as the former Government, but they are no conservatives by any means.

I am very relieved, therefore, to see signs that the current National led government is planning on dumping this draconian law. It cannot happen soon enough. A public apology – not just to Maori, but to all New Zealanders made vulnerable by this precedent of due process being thwarted by legislation – would be nice (but let’s not hold our breath).

Glenn Peoples

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