Foreshore and Seabed ownership clarified? Yeah, right!

Backroom deals between Labour and New Zealand First saw the foreshore and seabed legislation rushed through Parliament last week.

The public was told that the ownership of the seabed and foreshore is now clearly vested in the Crown; yet this is far from being clear.  Under the legislation there are three ways in which large parts of the foreshore and seabed can end up in private hands.   

Firstly, historical Treaty claims are exempt from the law; secondly, the Government has the right to grant unlimited rights over the foreshore to Maori with no High Court tests. Thirdly, Maori can be given parts of the foreshore and seabed even when they have been given a territorial customary rights finding by the High Court.  With a finding like this, Maori will be referred to the Government to negotiate redress.  There is no restriction on what this redress could be, which leaves the way open for compensation payments or even ownership of parts of the foreshore and seabed. 

The legislation is promoted as one law for all, by including a part that specifies that all New Zealanders can claim "customary rights" over parts of the seabed and foreshore if a group of people can prove they have used it in a substantially uninterrupted manner since 1840.  

The Auckland Regatta that began in 1840 is one of the few events that fall into this category.  The restriction rules out most communities, like the Chinese who arrived in 1865. Those who count as New Zealanders today are not recognised under this controversial law. 

This legislation couldn't have passed without the help of New Zealand First, who in the past have deplored any mention of treaty gravy trains, and have now helped pass legislation that will see many lining up to argue their cases in front of the court. 

During parliamentary debates, I have pointed out that the Hon. Michael Cullen has attacked judicial activism that overrides the Parliament's authority to pass laws. The fact that this legislation codifies the need to take into account of kaitiakitanga is indeed inviting the judiciary to exercise a lot of discretion. Parliament has a duty to make clear law, but this seems to be another example of Labour relegating their responsibility, with the real possibility that they will be criticising the judiciary in the future when there is a public outcry.  

The passage of this legislation was also full of problems - many submitters were not heard during the select committee stage, and the committee could not reach a majority decision.  Labour and New Zealand First brokered a backroom deal to introduce a 120-page Supplementary Order Paper to pass through the Parliament under urgency in three days.   

I believe they were hoping the public would not notice the full effects of this in the lead up to Christmas.  The public deserves better than this from their elected government.  

Overseas Chinese politicians �V history makers or political footnotes?   

I am visiting Hong Kong for the 50th anniversary celebrations of my high school, Queen Elizabeth.  I, along with other alumni, am delivering a series of public lectures to mark the occasion.  My high school encourages academic success, personal achievement, and contribution to the community. The series is promoted as "social "lectures.

My lecture focuses on the effect that politicians of Chinese ethnicity have in western democracies.  My research into this relatively unknown area has focussed on Great Britain, the United States, Australia, Canada and New Zealand �V these countries are the most popular destinations for Chinese migrants. 

Population size, electoral systems, the lack of legislative or institutionalised restrictions, campaign motivation, group memberships, family-based social ties and a higher socioeconomic status contribute to the Chinese community's involvement in Western democracies. 

Since 1938, 32 Chinese politicians have been elected in the five nations I researched - most have taken office since the 1950's.  Eleven are women, and 25 are still in office.  Over half of these politicians are first-generation migrants, which reflects the changes in migrant backgrounds in the last 20 years.   Most have been in office for more than one term, with some reaching Cabinet status or Leader of House. These are impressive achievements for a group of relatively new entrants into politics. 

In my experience, Asian MPs have to participate in the full process of Parliament as well as keeping up with both the Asian and wider communities.  It's like having two fulltime jobs!  

It's also inevitable that having more politicians of Chinese and Asian ethnicity will lead to more exchanges between China/Asia and their respective countries. This positive move will enhance understanding and minimise conflicts in our ever-expanding world.  

Places to meet, eat and treat
 
Cafe Latte Italian Restaurant

This is one of Point Chevalier's best-kept neighbourhood secrets. Blink and you'll miss the non-descript block of shops where you will find Café Latte.  It has a warm ambience and delicious Italian fare with a crowd of locals who frequent it weekly, if not daily. 

The pleasant owner and chef serves up a hearty selection of seafood and pasta dishes and with a byo option, it is tempting to forgo that after dinner movie or engagement to remain longer in the company of friends. 

Cafe Latte is located at 149 Pt Chevalier Rd, Point Chevalier - you will leave with garlic on your breath, tiramisu in your heart and Chianti in your dreams - but it's all worth it!