Report on law of the foreshore and sea bed

  • 68 Pages
  • 1.79 MB
  • 1362 Downloads
  • English
by
Stationery Office , Norwich
StatementScottish Law Commission.
SeriesScot Law Com -- no. 190, Scottish Executive Papers -- No.74 (Session 1,2003)
The Physical Object
Paginationvii,68p. ;
ID Numbers
Open LibraryOL18813395M
ISBN 100108881040

Description Report on law of the foreshore and sea bed EPUB

Report on law of the foreshore and sea bed. [Scottish Law Commission.] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Book, Internet Resource: All Authors / Contributors: Scottish Law Commission. ISBN: OCLC Number: Notes: "SE//".

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SCOTTISH LAW COMMISSION Report on a reference under section 3(1)(e) of the Law Commissions Act Report on Law of the Foreshore and Sea Bed To: Jim Wallace Esq QC MSP, Deputy First Minister and Minister for Justice We have the honour to submit to the Scottish Ministers our Report on Law of the Foreshore.

The New Zealand foreshore and seabed controversy is a debate in the politics of New concerns the ownership of the country's foreshore and seabed, with many Māori groups claiming that Māori have a rightful claim to claims are based around historical possession and the Treaty of 18 Novemberthe New Zealand Parliament passed a law which deems the title.

Report on a reference under section 3(1)(e) of the Law Commissions Act Report on Law of the Foreshore and Sea Bed. To: Jim Wallace Esq QC MSP, Deputy First Minister and Minister for Justice. We have the honour to submit to the Scottish Ministers our Report on Law of the Foreshore and Sea Bed (Signed) RONALD D MACKAY, Chairman PATRICK S.

This site details the provisions relating to the Foreshore and Seabed Act that came into effect in November and January Waitangi Tribunal report on the Crown’s foreshore and seabed policy.

This summary links to the full text of Waithe Waitangi Tribunal’s report on the Crown’s foreshore and seabed policy. [ Septem ] Looking for the Newstalk ZB book special. Uncategorized [ Ap ] Covid Fact Check: an independent perspective New Zealand [ April 9, ] Fortress New Zealand: What Will Our Post Lockdown World Look Like.

New Zealand. Foreshore and Seabed (by Richard Boast, LexisNexis, Wellington, ). Foreshore and Seabed is a detailed work that sets about describing the body of law that applies to the foreshore and seabed (and, briefly, riverbeds, lakebeds and minerals) in New particular, it analyses the common law and customary rights that relate to ownership and use of the foreshore and seabed, the Court of.

Buy Discussion Paper on Law of the Foreshore and Seabed by Scotland: Scottish Law Commission, Lord Brian Gill from Waterstones today. Click and Collect from your local Waterstones or get FREE UK delivery on orders over £ Enclosed is the Report on the Crown’s Foreshore and Seabed Policy,the outcome of an urgent hearing in Wellington from 20–23 and 28–29 January The topic of the report is well known to you and your colleagues.

Details Report on law of the foreshore and sea bed PDF

We set out our main findings, the prejudice, and our primary recommendation in the introduction to the report.

This Bill establishes a framework for recognising rights and interests in the foreshore and seabed. It replaces all previous common law rights and interests in the foreshore and seabed.

It constitutes the Government's response to the Court of Appeal decission on Attorney-General vs Ngati Apa [] 3. 10 The Crown also still owns around 50% of km length of Scotland's foreshore (Fig.5).

The foreshore is defined in Scots law as the area of shore between the high and low water marks of ordinary spring tides, and it forms the boundary between the marine and terrestrial halves of Scotland's land area. Exploring an issue of international significance, this collection of essays addresses the reconciliation of the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state.

Focusing upon the Maori tribes of New Zealand, topics include the historical origins of the Ngati Apa decision--one of the most controversial modern decisions on Maori rights--how the.

report: We have observed elsewhere in this report, and the point has been made repeatedly to us in submission, that the existing law relating to the coastal marine area is too complex.

We believe that coastal marine law needs to be reconsidered as a whole, and that the development of final legislation on the foreshore and seabed should be. Fact sheet: Foreshore and Seabed. 3 July Kia ora, below is a Q & A fact sheet re the debate about the foreshore and seabed, prepared by Te Hau Tikanga / The Maori Law.

foreshore and seabed policy heard in and 1 Ngati Apa v Attorney-General [] 3 NZLR 2 TE Durie, RP Boast and H O'Regan Report of the Ministerial Review Panel: Ministerial Review Panel Review of the Foreshore and Seabed Act (Ministry of Justice, Wellington, ) [Ministerial Review Panel Report].

foreshore and seabed— (a) means the marine area that is bounded,— (i) on the landward side by the line of mean high water springs; and (ii) on the seaward side, by the outer limits of the territorial sea; and (b) includes the beds of rivers that are part of the coastal marine area (within the meaning of the Resource Management Act ); and (c) includes the bed of Te Whaanga Lagoon in the.

Speaker, the Government has freehold title to all foreshore and seabed below the high water foreshore extends seaward from the Mean High Water (MHW) line.

Speaker, in accordance with the Sale of Reclaimed Lands Actthe Minister of Public Works is required to sell or convey either leasehold or freehold estate in the foreshore to adjoining or neighboring owners.

In Māori Property Rights and the Foreshore and Seabed: The Last Frontier Charters and Erueti bring together a collection of essays that explore the legal issues raised by Ngāti Apa and Foreshore and Seabed Act Topics covered include the historical origins of Ngāti Apa, how the Foreshore and Seabed Act compares with schemes created in.

More than claims have been made for the ownership of New Zealand coastline under the Marine and Coastal Area Act, the law that replaced the highly controversial Foreshore and Seabed Act.

Tariana Turia, Co-leader, Maori Party Second Reading, Foreshore and Seabed Bill, 16 November The last time that I was granted leave to speak on the Foreshore and Seabed Bill, was on a. 11 Tom Bennion, Malcolm Birdling and Rebecca Paton, Making Sense of the Foreshore and Seabed: A special publication of the M āori Law Review () 6.

12 Ibid. Currently, in New Zealand law, the foreshore and seabed is defined under s 5 of the Foreshore and Seabed Act as: foreshore and seabed (a) means the marine area that is bounded,—. Foreshore and seabed in the Māori land court --Common law Aboriginal title in New Zealand after Ngāti Apa v Attorney-General ().

Series Title: New Zealand Law Society seminar. Responsibility: presenters, Richard Boast, Paul McHugh. In Scotland, the right to gather oysters is separate from the ownership of the foreshore, sea bed or the oysters themselves: in law, it is a “separate tenement”, analogous to the right to fish for salmon (Stewart,Reid,Gill et al., ).

It is therefore possible that the right of ownership in an area of foreshore or sea bed. The foreshore and seabed is the area between the line of mean high water springs and the outer limits of the territorial sea (12 nautical miles from shore).

The foreshore and seabed includes the air space and water space above the land, and the subsoil, bedrock and other matters below. Why was the Foreshore and Seabed Act reviewed. Waitangi Tribunal, Report on the Crown's Foreshore and Seabed Policy, WAI (Wellington: Waitangi Tribunal, March ), Re-Treating Intellectual.

REPORT FROM THE INSIDE: THE CERD COMMITTEE'S REVIEW OF THE FORESHORE AND SEABED ACT Claire Charters and Andrew Erueti. This paper describes, from the perspective of the advocates for Mâori claimants, the substance of submissions to, and process followed by, the United Nations Committee on the Elimination of Racial Discrimination in determining that the Foreshore and Seabed.

The protest against Seabed and Foreshore Legislation enroute to the grounds of parliament. Photo/File The New Zealand Maori Council plans to implement a water commission to protect against.

The government’s discussion document outlining their proposed foreshore and seabed legislation was launched at the beginning of Easter.[1] The period for submissions closes on April 30th.

The Attorney-General Chris Finlayson, who is leading the process, has stated that he is interested in the views of New Zealanders. Yet, because of his unseemly haste, most non-Maori are not even aware that.

New Book Makes Sense of the Foreshore and Seabed, Maori Law Review, 3 August We must keep good faith in the world, Chris Lawrence, 23 July "I gave you my bucket and spade, now you want the whole sandpit", Angeline Greensill, July The Crown had relied since on implications based on a legal opinion from Crown Law deriving from the Lawsuit Parata Versus Bishop of Wellington.

It is my belief that the choice of the words “crystal clear” implies a pre-existing position where the Crown already owned the Foreshore and Seabed prior to the passing of the FSA.

Boast, Richard. Māori proprietary claims to the foreshore and seabed after Ngāti Apa, in, New Zealand Universities law review; vol. 21, no.

1 (Jun ) pp. Brookfield, F. M. Māori claims and the "special" juridical nature of foreshore and seabed, in, New Zealand law review; no. 2 .That was put on hold while National replaced the Foreshore and Seabed Act with the Marine and Coastal Area (Takutai Moana) Act ina move that allowed iwi to claim for customary title but.Acts of Parliament Human Rights Act New Zealand Bill of Rights Act New Zealand Settlements Act Resource Management Act Te Ture Whenua Maori Act The Foreshore and Seabed Act The Gold Fields Amendment Act The Validation of Invalid Land Sales Act Books and articles within a book Bennion, Tom, Birdling.