1 00:00:00,240 --> 00:00:03,080 Speaker 1: The maccabill This is Mulori customary Title passes its third 2 00:00:03,120 --> 00:00:04,520 Speaker 1: reading in the House last night. 3 00:00:04,680 --> 00:00:08,920 Speaker 2: The bill seeks to restore the clarity to the Marine 4 00:00:08,960 --> 00:00:13,000 Speaker 2: and Corsal Area Acts. It seeks to protect property rates 5 00:00:13,000 --> 00:00:17,120 Speaker 2: and pass through legal clarity. He should be ashamed of 6 00:00:17,160 --> 00:00:20,520 Speaker 2: the bill, and he should be ashamed of himself, and 7 00:00:20,640 --> 00:00:21,840 Speaker 2: he thinks it's a big joke. 8 00:00:22,200 --> 00:00:25,200 Speaker 3: This bill is not, as the Government insists, a tidy 9 00:00:25,320 --> 00:00:29,440 Speaker 3: clarification of an old law. It is an incredibly blunt 10 00:00:29,560 --> 00:00:33,960 Speaker 3: instrument that tears at the very foundations of justice, uppines 11 00:00:34,000 --> 00:00:39,680 Speaker 3: our court processes, and undermines a hard fought relationship between 12 00:00:39,720 --> 00:00:41,280 Speaker 3: Taiwi Maldy and the Crown. 13 00:00:41,880 --> 00:00:44,879 Speaker 1: Tom Bennion is a marti wrights lawyer, former Registrar for 14 00:00:44,880 --> 00:00:46,800 Speaker 1: the White Thing He Tribunal. Joins me this morning, Tom, 15 00:00:46,800 --> 00:00:49,680 Speaker 1: good morning, good morning, Good to have you on the show. 16 00:00:50,000 --> 00:00:52,839 Speaker 1: Does this not just restore the original intent of the 17 00:00:52,920 --> 00:00:54,320 Speaker 1: law than twenty eleven? 18 00:00:55,880 --> 00:00:59,959 Speaker 4: No, doesn't net that's the act of self actually see 19 00:01:00,120 --> 00:01:04,240 Speaker 4: is listen, please put aside the purpose of the twenty 20 00:01:04,280 --> 00:01:08,600 Speaker 4: eleven Act when you're when you're interpreting this new edition, 21 00:01:09,240 --> 00:01:11,319 Speaker 4: which is a sure giveaway. 22 00:01:12,120 --> 00:01:15,720 Speaker 1: What exactly is changing that. You know, the general line 23 00:01:15,800 --> 00:01:19,200 Speaker 1: is that there will be stronger proof required for you 24 00:01:19,360 --> 00:01:23,800 Speaker 1: to prove that you had uninterrupted exclusive use of a 25 00:01:24,440 --> 00:01:27,520 Speaker 1: foreshore sea bed since eighteen forty Is that basically it? 26 00:01:28,959 --> 00:01:31,839 Speaker 4: Yeah, Well, the way it was worded before was listen, 27 00:01:32,160 --> 00:01:36,240 Speaker 4: everybody go to court. Here's some words, argue it out. 28 00:01:36,800 --> 00:01:39,959 Speaker 4: See under the purpose of the Act, et cetera. Where 29 00:01:40,000 --> 00:01:43,520 Speaker 4: you think, you know these rights ended up, And this 30 00:01:43,640 --> 00:01:46,360 Speaker 4: new one says no, we'll listen. That that was the 31 00:01:46,400 --> 00:01:49,280 Speaker 4: Court of said interpreted it to say that you might 32 00:01:49,320 --> 00:01:52,880 Speaker 4: get these customer rights along most of the coasts. Don't 33 00:01:52,920 --> 00:01:56,280 Speaker 4: like that, so listen, we'll just change it to say basically, yeah, 34 00:01:56,280 --> 00:01:58,920 Speaker 4: you've got to Basically it looks like I mean that 35 00:01:59,000 --> 00:02:01,080 Speaker 4: the lawyers will argue it out, but it looks like 36 00:02:01,120 --> 00:02:04,160 Speaker 4: they're trying to say, you're just about to have to 37 00:02:04,200 --> 00:02:07,320 Speaker 4: stand there with a tire on the water's edge and 38 00:02:07,360 --> 00:02:10,440 Speaker 4: tell everybody to bugger off since eighteen forty three to 39 00:02:10,480 --> 00:02:12,040 Speaker 4: the current day, and if you didn't do that, you're 40 00:02:12,040 --> 00:02:14,560 Speaker 4: not getting anything. That seems to be the test now. 41 00:02:14,680 --> 00:02:17,280 Speaker 4: But it'll always argue whether that really is the case, 42 00:02:17,680 --> 00:02:21,160 Speaker 4: and that we'll we'll we'll try cleverly to try and say, 43 00:02:22,080 --> 00:02:26,480 Speaker 4: you know, Parliament still hasn't actually entirely said we're going 44 00:02:26,480 --> 00:02:29,240 Speaker 4: to eradicate Mali wrights right up and down the coast. 45 00:02:29,280 --> 00:02:32,200 Speaker 4: Because these guys are making these changes are too coy 46 00:02:32,280 --> 00:02:35,320 Speaker 4: to say that out front, and we'll see, we'll see 47 00:02:35,320 --> 00:02:35,760 Speaker 4: what we get to. 48 00:02:37,360 --> 00:02:39,840 Speaker 1: Does this mean that people like you, lawyers are going 49 00:02:39,840 --> 00:02:41,280 Speaker 1: to make a lot of money out of us? 50 00:02:41,919 --> 00:02:45,240 Speaker 4: This is a lawyer's payday. Thank you very much to 51 00:02:45,280 --> 00:02:48,040 Speaker 4: this government. They've turned a problem that was pretty much 52 00:02:48,639 --> 00:02:51,839 Speaker 4: solved into I think not only will lawyers make money 53 00:02:51,880 --> 00:02:54,640 Speaker 4: out of this now, but I think you've you've basically 54 00:02:54,720 --> 00:02:57,720 Speaker 4: turned something that was essentially solved into a multi million 55 00:02:57,760 --> 00:03:01,320 Speaker 4: dollar problem for probably hundreds of million dollars for a 56 00:03:01,320 --> 00:03:05,800 Speaker 4: subsequent set of taxpayers. Well this will come back, I mean, 57 00:03:05,800 --> 00:03:08,840 Speaker 4: I mean, I do legal history. This will come back people. 58 00:03:09,200 --> 00:03:11,760 Speaker 4: The last words of this act that was pasted us 59 00:03:11,800 --> 00:03:14,400 Speaker 4: I'm looking at it now says a person is not 60 00:03:14,600 --> 00:03:17,840 Speaker 4: entitled compensation of any kind on account of the operation 61 00:03:17,960 --> 00:03:22,320 Speaker 4: of this amendment, which lets you know they're taking something 62 00:03:22,320 --> 00:03:28,040 Speaker 4: away and that will cost some future taxpayers of New 63 00:03:28,080 --> 00:03:29,040 Speaker 4: Zealand quite a lot of money. 64 00:03:29,200 --> 00:03:31,440 Speaker 1: I appreciate your time this morning, Tom bennyon Who's a 65 00:03:32,200 --> 00:03:34,920 Speaker 1: mighty rights lawyer? Former registrar for the White Thing and Tribunal. 66 00:03:35,800 --> 00:03:38,040 Speaker 4: For more from Early Edition with Ryan Bridge. 67 00:03:38,160 --> 00:03:41,560 Speaker 1: Listen live to News Talks at B from five am weekdays, 68 00:03:41,840 --> 00:03:43,880 Speaker 1: or follow the podcast on iHeartRadio