What Prebble said in 2004

First, good column from Deborah Coddington this morning.There has been too much of this individual-rights-robbery going down under the current National government. (From an earlier post) trying to turn NZ into a 'soft' police state by increasing police discretion. Non reversal of the very unpopular anti smacking legislation. Introduction of on-the-spot DV orders, requiring DNA swabs from non-convicted people, three strikes which encompasses non-violent crimes, patch bans, looming alcohol clampdowns, upping war on P, car crushing, loss of right to elect trial by jury, confiscation of property upon just the mere suspicion of a crime committed. Enough to make me even feel a twinge of dismay at Keith Locke's departure because he is one of the only MPs that advocates for civil liberties since ACT dropped the classical liberal ball and started voting for more state power over the individual.

And harking back to yesterday, I mentioned ACT's reversal on the Foreshore and Seabed issue. Another instance where they have ceded classical liberal principle. Here again is what Richard Prebble said in 2004;

ACT is a party that believes in private property rights, the rule of law, the citizens’ right to go to court for justice, and one law for all...

The bill discriminates against Maori, by removing the right that the Court of Appeal has found, that Maori have to seek a declaration from the courts that the seabed and foreshore is Maori land....

Let me make it clear that in upholding the rights of all citizens to go to court I am not lending support to claims that Maori under the Treaty own all the foreshore and seabed around New Zealand. As a lawyer it is very clear that in law, whether it be legislation or British common law or Maori customary law, it is very clear that Maori do not own the vast majority of the foreshore or seabed of New Zealand....

Both Maori and British common law require continuous occupation and control for common law ownership. If Maori controlled and occupied Takapuna beach I am sure we would have noticed.

But it does not follow that it is not possible there are some parts of the foreshore and the seabed that is still owned by Maori, and indeed I think it is likely that Maori do own some parts of the foreshore and seabed.....

Any claim by anyone to the foreshore and seabed should be brought in a proper court, and the appropriate court is the High Court...

I realise that the position the ACT party takes is not a populist one.

It is now.

National has a special on-line article about the Marine and Coastal Bill here. I wonder where Prebble stands on that?