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Speaker 1: And news talks. He'd be senior political correspondent. Barry Sopa

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Speaker 1: is here with us this afternoon. Killers.

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Speaker 2: Good afternoon, Jack.

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Speaker 1: So the Supreme Court with a significant decision this afternoon.

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Speaker 2: It's actually quite significant and there will be a lot

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Speaker 2: of upset, I would imagine, certainly in Marridom for a start,

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Speaker 2: because the Court of Appeal judgment last year, that was

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Speaker 2: in October last year, they eased the test for Maldi

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Speaker 2: to gain customly titled the Foreshawn Sea. But it goes

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Speaker 2: back twenty years as to Helen Clark's government. The ruling

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Speaker 2: allowed by the Appeal there was an appeal by the

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Speaker 2: Attorney General that today has been upheld by the Supreme Court.

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Speaker 2: What they've done is when this government it basically wanted

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Speaker 2: to restore what was intended in the Foreshawn Sea Bed Act,

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Speaker 2: and that was to ensure that they had exclusive rights

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Speaker 2: if they had uninterrupted access to various parts of the

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Speaker 2: foreshore on the seabed. But two Court of Appeal judges

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Speaker 2: decided that bar was too high. That was the October ruling.

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Speaker 2: They ruled it was inconsistent with the Treaty of White Tonguey.

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Speaker 2: Now that gets down to the argument, I guess between

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Speaker 2: who is the supreme court in this country, is at

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Speaker 2: Parliament or is it the courts? Well, the Court of

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Speaker 2: Appeal have made it quite clear today. These two Court

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Speaker 2: of Appeal judges who basically decided that the bar was

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Speaker 2: too high in this earlier legislation, they've been overruled. Now.

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Speaker 2: The two judges basically were Justice David Goddard who was

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Speaker 2: appointed five years ago, and Justice Mark Cooper, the former

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Speaker 2: President of the Court of Appeal he retired just a

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Speaker 2: few weeks ago. Interestingly, And the judge who dissented there

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Speaker 2: was one judge and the three judge decision who dissented

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Speaker 2: on the decision, that was Justice Forrest Miller. Well where's he.

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Speaker 2: He's now on the Supreme Court which made this ruling today,

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Speaker 2: and he was one of Judith Collins as the Attorney

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Speaker 2: general first appointment when she became Attorney General in December

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Speaker 2: last year. There's been a lot of toing and throwing

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Speaker 2: in this, but look, really it gets back to the argument,

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Speaker 2: doesn't it. And I think the Parliament has to be

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Speaker 2: supreme when it comes to making laws and the laws

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Speaker 2: to be adhered to, and this to me is a

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Speaker 2: really classic case of Mauri won't like it, No doubt

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Speaker 2: there will be a lot of a lot of protest

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Speaker 2: about it. But and I don't like the Marine and

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Speaker 2: Coastal Area Act.

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Speaker 1: But yeah, yeah, it's interesting. I mean, I mean because

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Speaker 1: that I suppose that same tension cuts to the heart

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Speaker 1: of the Treaty principal's debate as well, right who who

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Speaker 1: should be interpreting the treaty? Should have been? The Court

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Speaker 1: should be? The should it be the Arliament? Who should be?

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Speaker 2: Yeah?

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Speaker 1: Yeah, these are these are interesting kind of constitutionals.

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Speaker 2: I think I heard you say yesterday, Jack that David

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Speaker 2: Seymour got what he wanted. Well, in fact, he did

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Speaker 2: get He's got a lot what he wanted, and that

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Speaker 2: was debate on the issue. We're all having it. This

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Speaker 2: will add to it significantly. So he's got the debate

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Speaker 2: and it might be voted down. But don't forget he

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Speaker 2: was the proponent of the euthanasia bill that was voted

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Speaker 2: down initially, and what have we got today. So you

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Speaker 2: know that's how legislation goes on many.

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Speaker 3: Occasion, marriage and that kind of thing, right, Yeah, Now,

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Speaker 3: Chris Hopkins made a lot of fair significant promises at

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Speaker 3: the Labor Party conference over the weekend.

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Speaker 2: Well, the Danidan Hospital will be very happy. I'm not

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Speaker 2: sure they will go back to the more than three

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Speaker 2: billion dollars that they were up for. But he's not

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Speaker 2: going into orcers while ORCUS has actually basically stalled at

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Speaker 2: the moment. And if aucas and I saw Andrew Little

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Speaker 2: this small saying that, Look, it's an easy decision to

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Speaker 2: say this because it's going nowhere at the moment. But

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Speaker 2: I'd suggest when Trump gets into office, if it's seen

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Speaker 2: as being anti China, Trump will rekindle it and it'll

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Speaker 2: be very much back on the agenda. And I think

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Speaker 2: it's Chris Sipkins is sort of lost in the fact

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Speaker 2: that Orcus is about for the Pillar two is about

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Speaker 2: technology as opposed to nuclear submarines, which is what.

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Speaker 1: The end we're not. We're not getting nuclear SUPs, and

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Speaker 1: I mean we can maintain our nuclear free status while

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Speaker 1: joining Pillar twos my understanding.

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Speaker 2: But the thing that was missed in a speech yesterday

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Speaker 2: by the media and talking about it, I felt was

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Speaker 2: that he said before the last election he worked out

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Speaker 2: ruling with Winston Peters and he hasn't once regretted it.

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Speaker 2: So what does that say He's going to do it again,

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Speaker 2: no doubt. He's sort of committed to it here. So

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Speaker 2: what does it mean His coalition partner presumably will have

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Speaker 2: to be the Maori Party in this they can pull

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Speaker 2: off what they did in twenty twenty.

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Speaker 1: Yeah, the Maori Party and the Greens. Right, Yeah, the

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Speaker 1: three party coalitional support deal which is from a coalition

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Speaker 1: of cas an interesting thought. Yeah, okay, hey, thank you

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Speaker 1: very much, Barry. Right to sEH has always senior political

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Speaker 1: correspondent Barry Soco. For more from Hither Duplessy Allen Drive,

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Speaker 1: listen live.

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