Wednesday, February 2, 2011

Bringing heart to our legislation

Imagine we committed to the idea we are a liberal, democratic society, committed to an egalitarian ethic, where people, all people stood equal, regardless of job, wealth, or power. Imagine we insisted this principle applied in assessing legislation. How might it work?

Consider the foreshore and seabed debate. How would the egalitarian principle reshape this legislation? First, it becomes the ‘natural water act’ applying to all lakes, rivers, streams and seabed and foreshore.

1. All riparian/ownership rights immediately revoked.
2. All native customary rights immediately revoked.
3. Persons controlling land that blocks access required to provide four feet of walkway, fencing and maintenance by councils.
4. All waterways, all beds of all natural water, and for a nominated distance around all natural water, held in trust by parliament. Only unanimous vote can change this legislation.
5. All lake, rivers and streams to have public access, land to be provided, without compensation, councils to enable the access way.
6. Public accesses for beaches, say every 500 meters, for inland water, say every 2 kilometers.

The egalitarian principle could ensure that no amount of wealth, no creed, race, or any supposed prior claim will erode fundamental rights of us all, and access to recreational features of our wonderful country is one of those rights.

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