The question of how Maori can prove their customary rights to the foreshore and seabed has been debated at a public meeting in Wellington.
The meeting on Friday was part of a consultation process as the Government considers replacing the 2004 Foreshore and Seabed Act.
Attorney-General Chris Finlayson told the audience of about 50 people the Government favours making the foreshore and seabed public domain to which Maori can apply for customary rights.
Mr Finlayson said this would restore the access to justice for Maori through the court system that was removed by the 2004 Act.
But Morris Love from Te Ati Awa in Wellington said the courts may have difficulty testing Maori customary rights.
Historian Graham Butterworth said Pakeha should also be able to apply for customary rights.
Mr Finlayson said the new legislation will need to set out tests of customary rights for the courts to apply.