Ikilei: “our birthright isn’t for sale or segregation”

By Elliot Ikilei

We fought. We won.

After months of wrangling, hand-wringing (from the Nats), and political theatre, the Coalition Government has finally passed the Marine and Coastal Area (Takutai Moana) Amendment Bill and make no mistake, this is a win for you, for us, and for every Kiwi who still believes in one law for all.

This is something Hobson’s Pledge has been demanding for years, ever since the courts decided they could twist plain English into circus-level legal acrobatics. Somehow, they managed to read “this does not mean shared ownership” and conclude, “let’s make it shared ownership.”

This is a coalition promise delivered, and an important step toward restoring fairness to the law governing New Zealand’s beaches and seabed.

Let’s be honest, this never would’ve happened without New Zealand First. Winston Peters has been fighting this fight since 2004, when his party stood firm behind the Foreshore and Seabed Act, the last law that truly upheld public ownership of the coast.

In 2011, New Zealand First was once again the lone parliamentary voice warning that the Marine and Coastal Area Act, Chris Finlayson’s pet project, would unleash a flood of claims. History has proven him right.

And now, fourteen years later, it’s come full circle. This reform was written into the coalition agreement between New Zealand First and National and let’s not pretend National was charging ahead on its own. They had to be dragged kicking and screaming into the chamber to deliver on this promise. Credit where it’s due, but let’s be real about who carried the torch.

Would we have liked the amendment to go further? Absolutely. But restoring the law to what Parliament actually intended before activist judges decided to freelance justice from the bench, that’s a massive step forward.

Let’s rewind for a second.

Back in 2011, MACA allowed iwi to make claims, but only under very strict conditions: uninterrupted and exclusive use of the area since 1840. It was meant to be rare, specific, and reasonable. Then the courts got creative.

Suddenly “exclusive use” meant “shared with everyone.” “Coastline” started including rivers. And what should have been a handful of legitimate claims exploded into hundreds, effectively covering almost the entire coastline of New Zealand.

The law’s original architect, Chris Finlayson, once swore black and blue that this would apply to no more than 10% of the coast. Now he’s out of Parliament, allegedly drawing paycheques from iwi, and accusing the government of “taking from Māori.”

The Amendment Bill that passed this week restores his own law to the meaning he himself wrote back in 2011. The hypocrisy would be funny if it wasn’t so clearly mercenary.

We need to remember something important though. This victory did not come from National suddenly growing a spine. The only reason this Bill even exists is because New Zealand First put it in the coalition agreement and then refused to let it die in a dusty drawer.

For us at Hobson’s Pledge, this moment hits home. Because this is our fight. It’s what we’ve been saying for years, that when politicians look the other way, and when the courts rewrite the law, someone has to stand up and shout, “Enough.”

And one of the loudest voices doing exactly that was Casey Costello. A former Hobson’s Pledge leader, now a New Zealand First MP. She stood in Parliament this week and delivered a powerful speech in defence of equality before the law. Labour MPs tried to rattle her, throwing cheap barbs about her connection to us. Big mistake.

Casey didn’t flinch. She stood proud, and she reminded them that the principle of one law for all is not up for negotiation.

Honestly, at this point, we’re living rent-free in Labour’s heads. They can’t get through a debate without crying “Hobson’s Pledge” (or Hobson’s “Choice”). We take that as the compliment it is.

We have made no secret of the fact we’d have liked to see the amendments go further. While this Bill restores the law’s original intent, it misses key opportunities.

For one, the government should have made it unmistakably clear that the MACA Act is not a Treaty grievance vehicle. It was never designed to compensate for historic loss, it’s about proving continuous use and connection since 1840, not claiming what was taken. In fact, MACA is the opposite of the Treaty settlement process. Claimants must show they never lost access, not that it was taken from them. That distinction matters and Parliament should have nailed it down.

The amendments also should have spelled out that MACA operates under both tikanga and common law, with the latter being the foundation of property rights in New Zealand.

And finally, the process itself remains unfair. Iwi claimants get Crown funding, while ordinary Kiwis who object must pay their own way. We argued for an inquisitorial system that would empower the courts to test every claim thoroughly and transparently. Instead, the playing field remains tilted.

We are on record with these opinions, but we are taking the significant win because they are hard to come by.

This win belongs just as much to you.

Every supporter who signed, wrote, shared, spoke up, chipped in; you made this impossible to ignore. When the media refused to cover it, when the so-called political elites rolled their eyes, you kept the pressure on. And it worked.

We can fight these battles because of you; ordinary Kiwis who refuse to accept race-based law and policy as “the new normal.” Every email you send, every donation you give, every time you speak up, you push New Zealand one step closer to sanity.

Now, we’re not done. Not even close.

We will keep fighting until we have one law for all. We will take on battle after battle to ensure New Zealand has a future that doesn’t see us divided by ancestry.

But for today, take a bow. This is a victory for common sense, for courage, and for every Kiwi who believes our birthright isn’t for sale or segregation.

He iwi tahi tātou. We are One People,

Elliot

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