More compliance for some, Less Foreshore for others

More compliance for some, Less Foreshore for others

 

The Foreshore and Seabed bill that Labour government promised to table last July was introduced on the day Parliament went into three weeks�� recess on 8th April, 2004.

 

The Foreshore and Seabed��s legal and beneficial ownership will be vested with the Crown. 

 

The Labour government would have us believe that the widely suspicious "customary title" concept was a thing of the past - that's not strictly true.  It has been dressed up as "ancestral connection".  The Maori Land Court will be required to recognize ��ancestral connection�� in accordance with Tikanga Maori.

 

You are right; the lawyers will have a field day arguing the definition of Tikanga Maori n Court.

 

The Maori Land Court will have a new jurisdiction to identify and recognize Customary Rights in the public Foreshore and Seabed through a Customary Right Order. The Order recognizes an activity, use or practice.

 

It is fine, right?  After all, non-Maori can claim customary rights as well.

 

Not so! Non-Maori will have to go to High Court, and the Bill states that the Government is not aware of the existence of any customary activities that might meet the statutory test.  Consider you��ve been warned!

 

Customary right orders once recognized will be treated as a matter of national importance under Resource Management Act.  The very same act that Labour is reviewing after the collapse of the 1.2 billion dollar Project Aqua.

 

This provision is the most telling tale of all that there is different law for different communities: When the exercise of a recognized customary activity may have significant adverse effects on the environment the onus is on the local authority to demonstrate that there are significant adverse effects on the environment.

 

Even if the local authority can demonstrate that, the final decision can only be made by the Minister of Conservation in consultation with the Minster of Maori Affairs. 

 

Wouldn't any person trying to get a Resource Consent love to have that luxury?

 

The Bill was up front that people seeking resource consents will incur additional compliance costs, and Local Authorities will incur additional administrative costs. Guess who is going to pay for these additional costs?

 

 

Shopping, shopping, and shopping

 

Last year 36 N.Z businesses were prosecuted for trading during Easter weekend. This year 28 businesses opened on Good Friday and 25 on Easter Monday.

 

Out of the 295,000 businesses recorded by the Department of Statistics, 86% are classified as small - hiring five staff or less. We are a nation of small businesses with hardworking owners who take risks. How much should Parliament interfere in a decision that should be made between them and their customers?

 

It is out of date to allow exemptions for cities classified as tourist centers.  I was among jam-packed shoppers last Saturday, realizing I wasn't the only one who was caught short over the holiday.

 

Right now, most businesses are not allowed to open on the morning of ANZAC day, Good Friday, Easter Sunday and Christmas day. There is a bill on this issue being debated in Parliament that is a conscience vote. 

 

It recommends businesses open on Easter Sunday with provisions to protect employees�� right of refusal to work on that day.

 

I want to hear from you!!

 

Do you agree with the bill to allow Easter Sunday trading?

Do you prefer the status quo?

Do you think parliament should abolish all restrictions on trading?

 

My office no. 377 06 06, fax 377 3331,

E-mail: pansy.wong@xtra.co.nz

 

What's on locally?

Buddha's birthday & multicultural festival will take place this Sunday, 18th of April, between 10 am - 5pm. There will be a prayer for world peace by representatives of Buddhist, Christian and Islam religions.  That will be followed by multicultural performances, vegetarian food fair, art & educational activities.

Latin music dance festival - Skip along to Princes Wharf, Quay St for free Latin dance lessons from noon-5pm every Sunday until 30 April 2004. 3 Latin bands will perform each weekend.

Public forum against family violence - Performers from the musical drama 'Once were warriors' will be joined by Child, Youth & Family to share their experiences and discuss anti-family violence, 22 April 2004, 12.30pm-2pm, Aotea Square, Queen St, central city, ph (04) 918 9115 Hilda

 

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