1 00:00:00,040 --> 00:00:02,160 Speaker 1: So the Foreshore Seabed Amendment Bill got through the House 2 00:00:02,240 --> 00:00:04,240 Speaker 1: last night. It restores the law to what it was originally. 3 00:00:04,320 --> 00:00:06,240 Speaker 1: Of course, sixty eight votes to fifty four in the end, 4 00:00:06,320 --> 00:00:09,000 Speaker 1: essentially reverses called an appeal decision that made it easier 5 00:00:09,039 --> 00:00:12,680 Speaker 1: to claim. Paul Goldsmith Treaty negotiations and Justice Minister with us, 6 00:00:12,680 --> 00:00:16,240 Speaker 1: good morning, Good morning. In your opinion, how angsty has 7 00:00:16,280 --> 00:00:16,640 Speaker 1: this been? 8 00:00:18,320 --> 00:00:20,800 Speaker 2: A Look, Look, there's been quite a lot of quite 9 00:00:20,800 --> 00:00:26,759 Speaker 2: strong rhetoric overnight in the last couple of days. But overall, look, 10 00:00:26,800 --> 00:00:31,320 Speaker 2: I think most people recognize that a balance was set. 11 00:00:31,440 --> 00:00:33,239 Speaker 2: I mean, all New Zealanders have got an interest in 12 00:00:33,240 --> 00:00:35,960 Speaker 2: what goes on on the foreshore and the seabed. We 13 00:00:36,000 --> 00:00:40,440 Speaker 2: all share this country. And so when you move away 14 00:00:40,479 --> 00:00:44,279 Speaker 2: from those basic expectations to the ability as you have 15 00:00:44,440 --> 00:00:47,199 Speaker 2: under this law, if you have custom Memorne title to 16 00:00:47,440 --> 00:00:50,279 Speaker 2: grant resource consents in an area for certain things and 17 00:00:50,920 --> 00:00:54,120 Speaker 2: a whole lot of quite valuable rights, that there was 18 00:00:54,120 --> 00:00:57,640 Speaker 2: a high threshold for that. Exactly process reduced that threshold 19 00:00:57,680 --> 00:01:01,480 Speaker 2: and we're restoring it. That's the purpose. And look, I 20 00:01:01,480 --> 00:01:03,800 Speaker 2: think it makes sense and it is important. 21 00:01:04,040 --> 00:01:06,320 Speaker 1: Do you think that with the rhetoric that we've heard 22 00:01:06,400 --> 00:01:08,920 Speaker 1: in the media in particular, that people it has been 23 00:01:08,959 --> 00:01:11,479 Speaker 1: lost on people that you are merely restoring it to 24 00:01:11,520 --> 00:01:13,560 Speaker 1: what it was. You've not invented anything here, you just 25 00:01:13,600 --> 00:01:14,600 Speaker 1: taking it back to what it was. 26 00:01:15,319 --> 00:01:17,680 Speaker 2: Well, look, I mean people will make all sorts of arguments, 27 00:01:17,680 --> 00:01:25,160 Speaker 2: and yes there's vague statements, rewriting of history and anything 28 00:01:25,200 --> 00:01:31,360 Speaker 2: involving the courts and the judicial process. You know, there's 29 00:01:31,360 --> 00:01:34,560 Speaker 2: always room for arguments, but ultimately, that's all we're trying 30 00:01:34,560 --> 00:01:37,800 Speaker 2: to do. We're just trying to have a regime that 31 00:01:37,880 --> 00:01:43,960 Speaker 2: does allow MARI groups to claim and assert their customary rights, 32 00:01:43,760 --> 00:01:47,200 Speaker 2: but set's an appropriate threshold so that we're not dealing 33 00:01:47,240 --> 00:01:49,800 Speaker 2: with one hundred percent of the coastline being in this category, 34 00:01:49,800 --> 00:01:52,520 Speaker 2: which is quite a significant move away from what people 35 00:01:52,560 --> 00:01:53,480 Speaker 2: would normally expect. 36 00:01:53,560 --> 00:01:55,640 Speaker 1: Are you aggrieved at the court over reaching the fact 37 00:01:55,640 --> 00:01:58,640 Speaker 1: you had to do this, Well, we would have far 38 00:01:58,680 --> 00:02:01,480 Speaker 1: preferred not to have to have done this. But look, 39 00:02:01,520 --> 00:02:03,840 Speaker 1: and when we first introduced us, it was the Court 40 00:02:03,880 --> 00:02:06,400 Speaker 1: of Appeal decision, and there were you know, there was 41 00:02:06,720 --> 00:02:09,160 Speaker 1: house of protests from some groups, but then of course 42 00:02:09,240 --> 00:02:11,959 Speaker 1: the Supreme Court agreed with us that the Court of 43 00:02:12,000 --> 00:02:15,880 Speaker 1: Appeal had got it wrong, and then they put their 44 00:02:15,880 --> 00:02:19,280 Speaker 1: own threshold, and we ultimately came to the conclusion, after 45 00:02:19,360 --> 00:02:22,720 Speaker 1: much careful thought, that even that their version was still 46 00:02:23,440 --> 00:02:27,079 Speaker 1: not what Parliament had intended. And we've seen a couple 47 00:02:27,160 --> 00:02:30,160 Speaker 1: of cases come through onto that threshold where you know, 48 00:02:30,600 --> 00:02:33,480 Speaker 1: essentially one hundred percent of the coastline in the Kaperty 49 00:02:33,560 --> 00:02:38,519 Speaker 1: area was granted customer marine title and that certainly wasn't 50 00:02:38,560 --> 00:02:42,240 Speaker 1: the expectation. While I've got you your BSA comments yesterday, 51 00:02:42,240 --> 00:02:44,560 Speaker 1: I thought were interesting because they are in direct contrast 52 00:02:44,600 --> 00:02:46,400 Speaker 1: to what the Prime Minister said on Monday. Are you 53 00:02:46,440 --> 00:02:47,960 Speaker 1: two heading for a collision course? 54 00:02:48,919 --> 00:02:53,680 Speaker 2: No? No, Look, I mean obviously, as the responsible minister, 55 00:02:53,919 --> 00:03:00,440 Speaker 2: I cannot interfere austeer particular cases and make comment on them. 56 00:03:00,440 --> 00:03:02,519 Speaker 2: I think that there's two separate things going on. There's 57 00:03:02,560 --> 00:03:09,560 Speaker 2: the BSA making their extension into the Internet. What are 58 00:03:09,560 --> 00:03:12,560 Speaker 2: we dealing with, well, internet providers who were doing a 59 00:03:12,600 --> 00:03:16,040 Speaker 2: thing similar to radio and so there's a couple there's 60 00:03:16,040 --> 00:03:18,440 Speaker 2: only a very small number of people in that category, 61 00:03:19,000 --> 00:03:21,360 Speaker 2: but there is a much broader discussion to be had, 62 00:03:21,600 --> 00:03:24,520 Speaker 2: given the fact that you know it's no longer makes 63 00:03:24,560 --> 00:03:26,960 Speaker 2: obvious sense why one group of people would be regulated 64 00:03:26,960 --> 00:03:30,079 Speaker 2: and others wouldn't. If you've got a podcast on politics, 65 00:03:30,080 --> 00:03:32,679 Speaker 2: for example, that's not regulated, but if you've got a 66 00:03:32,760 --> 00:03:36,800 Speaker 2: radio show, it is. And so we already were having 67 00:03:36,840 --> 00:03:39,360 Speaker 2: a process to review that. And there's two basic options. 68 00:03:39,400 --> 00:03:41,880 Speaker 2: You could try and extend the reach of the BSA 69 00:03:42,000 --> 00:03:45,680 Speaker 2: to be to covering all things that look similar. Or 70 00:03:45,720 --> 00:03:47,760 Speaker 2: you could just get rid of it entirely and say, well, 71 00:03:47,920 --> 00:03:49,440 Speaker 2: the world's moved on, and to. 72 00:03:49,480 --> 00:03:51,240 Speaker 1: Get rid of it entirely, and so the world's moved 73 00:03:51,240 --> 00:03:52,120 Speaker 1: on sounds good to me. 74 00:03:52,200 --> 00:03:54,240 Speaker 2: Well that that is one of the options. And so 75 00:03:54,280 --> 00:03:56,440 Speaker 2: we're working our way through through this at the moment, 76 00:03:56,480 --> 00:03:59,720 Speaker 2: and we're giving some careful thought to it. You know, 77 00:03:59,760 --> 00:04:01,400 Speaker 2: it was it was an act that was set up 78 00:04:01,960 --> 00:04:04,360 Speaker 2: in nineteen eighty nine before a whole lot of things 79 00:04:04,400 --> 00:04:07,960 Speaker 2: have happened, and so it's you know, nobody's got round 80 00:04:07,960 --> 00:04:09,680 Speaker 2: to dealing with it, and we are going to deal 81 00:04:09,720 --> 00:04:09,880 Speaker 2: with it. 82 00:04:09,880 --> 00:04:11,440 Speaker 1: When you're the man, good stuf a right, appreciate it. 83 00:04:11,440 --> 00:04:14,160 Speaker 1: We'll stay in touch. Justice Minister Treaty negotiations. Minister Paul's 84 00:04:14,240 --> 00:04:16,800 Speaker 1: Goldsmith with us this morning. For more from the My 85 00:04:17,000 --> 00:04:20,120 Speaker 1: Asking Breakfast, listen live to News Talks i'd Be from 86 00:04:20,200 --> 00:04:23,640 Speaker 1: six am weekdays, or follow the podcast on iHeartRadio