David Garrett

Wellington, Sept 10 NZPA - The ACT Party says Maori will be able to charge for access to beaches if they gain customary title under new legislation, despite Attorney-General Chris Finlayson telling Parliament yesterday that wouldn't be possible.

Mr Finlayson has introduced the Marine and Coastal Area (Takutai Moana) Bill to Parliament, which will replace the existing Foreshore and Seabed Act.

It will allow iwi to seek customary title to parts of the coastline, if they can prove continuous use and occupation since 1840.

The Government says public access to beaches is guaranteed, but ACT has questioned that and says there is no clause in the bill that makes it an offence for anyone to charge for access.

ACT MP David Garrett questioned Mr Finlayson yesterday, and Mr Finlayson replied: "It is not possible to charge for access...if someone tried to do that there are regulation-making powers that will enable the Minister of Conservation to deal with the issue."

Answering further questions, he said: "It could be an offence. It depends on the circumstances and whether the regulations are made."

Mr Garrett today accused Mr Finlayson of misleading Parliament about whether iwi would be allowed to charge for access to beaches.

"The current legislation specifically prohibits Maori rights holders from being able to charge the public an access fee on areas that they control," he said.

"This clause has been specifically removed from National's proposed legislation.

"It's time National admitted that the proposed legislation will rob New Zealanders of their right to enjoy our most popular beaches."

But a spokesman for Mr Finlayson told NZPA tonight that ACT had not paid enough attention to how the legislation would work.

"They have ignored the entire scheme of the legislation."

Clauses guaranteed public access to the common marine area. Within the common marine area hapu and iwi could be granted customary title which would allow them to exercise certain rights there, the spokesman said.

"None of those rights involve blocking off public access or charging for access to those customary marine title areas."