Iwi coast claim stirs emotions

A Maori Land Court decision to hear claims by a small Opotiki iwi for control of 50km of Eastern Bay of Plenty coastline has created alarm in coastal towns within the area.

The claim by Whakatohea seeks a customary rights order over a large tract of coastline from Te Horo, near Whakatane, to Te Rangi, near Torere.

In Whakatane, motel-owner Joanne Henderson said the foreshore should be for all and everyone had an equal right to it.

Mrs Henderson was not too worried about "signs banning access going up", but said the principle of ownership was important.

"It's a beautiful piece of coastline, hugely popular and should not legally belong to any one race or group of people," she said.

The case will be a test for the new Foreshore and Seabed Act, which requires proof of "substantially uninterrupted" Maori practices or use since the Treaty of Waitangi was signed in 1840, in order to establish customary rights.

But the claim has angered some in the area.

Stephen Bonne, owner of the Aquarius Motor Lodge, 100m from the beach at Ohope, said people could get "pretty greedy".

"Maori say they will not restrict the access, but what's to stop them charging money once a claim goes through?"

Chief Judge Joe Williams has decided to hear Whakatohea's claims of rangatiratanga and kaitiakitanga (authority and guardianship) over the coastal stretch.

It has stoked the flames between the Government and the judiciary.

But Opotiki Mayor John Forbes dismissed the legal action as a non-issue.

Maori title ran down to the foreshore in many places and it was through goodwill and respect for the environment that access for all was available, he said.

"There's never been a problem.

"I'm not sure what the courts may or may not do, but it's unlikely to change the status quo we've had here for a long time."

Deputy Prime Minister and Attorney-General Michael Cullen declined to comment yesterday as the issue was before the courts.

Maori MP John Tamihere welcomed the case and said somebody had to be first.

"It will help define who holds customary right and to what extent."

But Mr Tamihere said that although he believed it was important to test the legislation, he doubted an iwi could prove continuous use.

Historically, whanau groups practised continuous use of specific areas of the sea and coastline for food and cultural purposes, not iwi, said Mr Tamihere.

Claims over a large area would be difficult to prove.

Adriana Edwards, one of a number of Whakatohea members to lodge the claim, said the action was seen as a means of ensuring Treaty of Waitangi rights were met, and that a "true partnership" was enacted.

The iwi had no desire to restrict public access to beaches, she said.

"We want our customary rights reserved ... Our ability to collect kaimoana, and to protect the area from pollution and over-fishing."

Chief Judge Williams' written minute this month says there is nothing in the new law to prevent Whakatohea applying for rangatiratanga and kaitiakitanga over the entire coastline.

He dismissed Crown arguments that Whakatohea should have to specify exactly where they exercised their authority.

A hearing date has yet to be set.