John Key

Wellington, Sept 3 NZPA - New foreshore and seabed legislation will be introduced next week and possibly also have its first reading.

Under the legislation, which repeals and replaces 2004 legislation, the foreshore and seabed will be removed from Crown ownership and will become a domain with public access guaranteed and no one having the right to sell any of it.

Iwi will be able to seek customary rights and customary title through negotiation with the Government or through the High Court, but will have to prove exclusive use and occupation since 1840.

The previous Labour government enacted the Foreshore and Seabed Act following a 2003 Court of Appeal ruling in the Ngati Apa case that raised the possibility, in some narrow instances, for Maori customary title to convert into freehold title.

That had the potential to put parts of the coastline under Maori control, and Labour legislated against it.

Widespread Maori opposition followed, and Tariana Turia quit Labour to form the Maori Party.

Prime Minister John Key confirmed to reporters today that he expected the bill to be introduced next week.

"When you see it you'll see that it guarantees access to the foreshore and seabed for all New Zealanders," he said.

"I think that you'll see that the tests that are in place for Maori to achieve if they're going to be given customary title reflects what was considered appropriate by the Court of Appeal when they gave their verdict on the Ngati Apa decision."