Former Attorney-General Criticises Government Over Marine and Coastal Rights Law Changes

Amid growing tensions over proposed changes to New Zealand’s Marine and Coastal Area (Takutai Moana) Act, former Attorney-General and National Party MP Chris Finlayson has strongly condemned the government’s decision to move forward with legislation that would make it more difficult for Māori to claim customary marine title. Finlayson described the proposed amendments as “foolish” and “extremely harmful” to race relations in the country.

Prime Minister Christopher Luxon, however, defended the changes, stating that they would return the law to its “original intention” and achieve a better balance of rights for all New Zealanders. The proposed amendments aim to tighten the legal test for proving customary rights, which currently require showing continuous and “exclusive” use of an area since 1840 without interruption.

The debate over the law has been ongoing since a 2023 Court of Appeal ruling, which suggested that groups only needed to demonstrate sufficient control over an area to prevent others from using it. That ruling was later overturned by the Supreme Court, prompting the government to pause any legislative changes until further review.

Treaty Negotiations Minister Paul Goldsmith recently stated that the current legal framework still fails to achieve the balance the government seeks. He emphasized that the test for claiming customary rights remains too low, prompting the proposed amendments.

Finlayson, who was Attorney-General when the original legislation was passed in 2011, argued that the government is undermining the 2010 agreement between the National Party and the Māori Party. He accused the government of shifting the goalposts and harming race relations in the process.

Labour Party Māori Crown-Relations spokesperson Peeni Henare echoed concerns, stating that the proposed changes would limit Māori’s ability to challenge their rights in court. He criticized the government for contradicting its commitments to Māori by taking away their right to a “day in court.”

The amendments have already drawn strong opposition from iwi groups, including Ngāpuhi and Ngāti Wai, who have expressed that the government is overstepping its authority. The Waitangi Tribunal also warned that the changes were marked by a “blind adherence” to political commitments at the expense of Māori interests.

With the debate intensifying, the government faces mounting pressure to reconsider its approach, as critics argue that the proposed changes risk deepening mistrust between Māori and the Crown.