By Peter Wilson of NZPA

Wellington, Sept 7 NZPA - The Maori Party is throwing its weight behind the Government's leglisation that will replace the Foreshore and Seabed Act, ensuring it will be passed by Parliament even if other parties don't like it.

Attorney-General Chris Finlayson unveiled the bill yesterday, revealing the foreshore and seabed was getting a new name -- it will in future be enshrined in the statutes as the Common Marine and Coastal Area.

The change is understood to have been made because the Government wants to move on from the anguish and confrontation caused by the 2004 Foreshore and Seabed Act.

Maori Party co-leaders Pita Sharples and Tariana Turia were out the country yesterday and acting leader Te Ururoa Flavell said iwi across the country had been longing for the bill.

"We're really pleased to see that a great injustice will finally be righted and our people will get access to justice," he said.

"This legislation will give iwi a real say in the management of the coastal areas in their tribal domains in a way that was never possible before."

The Marine and Coastal Area (Takutai Moana) Bill will be debated in Parliament for the first time on Thursday.

It repeals the Foreshore and Seabed Act and replaces it with a new regime announced in June after agreement had been reached with the Maori Party and iwi leaders had given it a less than enthusiastic endorsement.

"Our rights as New Zealanders in the marine and coastal area are not in conflict," Mr Finlayson said when he released the bill.

"This bill, unlike the Foreshore and Seabed Act which it replaces, treats all New Zealanders, including Maori, without discrimination and recognises that we all have legitimate and longstanding interests in this part of our heritage."

Under the new legislation the foreshore and seabed will be removed from Crown ownership and will become a common space with public access guaranteed.

Existing private titles will not be affected but there will not be any new ones.

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

Where the right to customary title can be proved, it will sit alongside the common area rights of public access, fishing, navigation and existing uses.

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

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

Widespread Maori opposition culminated in Tariana Turia leaving the Labour Party and forming the Maori Party, which vowed to see the Act repealed.

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