alison quentin- baxter- converge（艾莉森昆廷-巴克斯特收敛）（19页）.docVIP

Alison Quentin-Baxter Barrister 24 September 2003 SUBMISSION ON DISCUSSION PAPER “THE FORESHORE AND SEABED OF NEW ZEALAND: PROTECTING PUBLIC ACCESS AND CUSTOMARY RIGHTS” Table of Contents Paragraph number Introduction 1 The need to balance interests Identifying the interests 2 Ownership, by itself, not an adequate basis for accommodating competing interests 3 Features of the modern law of the sea 5 The use of similar techniques in accommodating the range of interests in the foreshore and seabed 9 The Government’s plans for legislation Answers to Questions 1, 2 and 3 10 Proposed principles not adequate 11 Other applicable principles 12 Principle of respect for property rights: the Government must respect the property rights of all New Zealanders, without discrimination The nature and extent of Maori customary rights in land, including the foreshore and seabed 13 The existence of Maori property rights does not discriminate against other New Zealanders 15 The implications of a policy that no one should continue to hold private rights in the foreshore or seabed 19 No one to be arbitrarily deprived of property 21 The Government’s proposals in respect of existing property rights in the foreshore or seabed 23 The deficiencies of the Government’s proposals 26 The way ahead 32 Principle of acceptability to Maori: Parliament ought not to enact legislation affecting things of particular importance to Maori unless its terms are generally acceptable to Maori Argument that there is a constitutional convention to this effect 33 Basis for ongoing discussions 40 Principle of access: the foreshore and seabed should be public domain, with open access and use for all New Zealanders Answers to Questions 4-7 and other comments 41 Property rights and rights of access could co-exist 42 The Principle of access restated 44