Clark rejects claims of kneejerk reaction to Maori rights

12.00pm

Prime Minister Helen Clark today rejected claims that government moves to clarify Maori rights to foreshores and seabeds are a kneejerk reaction.

A Court of Appeal ruling last week said the law was not clear and Maori could make claims for ownership of the Marlborough Sounds foreshore and seabed.

The Government announced yesterday it would legislate to clear up any doubt that the coastline was held by the crown for all New Zealanders.

It was "certainly not" a kneejerk reaction to the court ruling, Miss Clark told reporters today.

"What we are faced with is something never before contemplated, which is an exclusive legal title could be given over New Zealand beaches and seabeds.

"It is important to establish that it has long been assumed that the beaches and seabeds have long been there for all New Zealanders."

There could not be exclusive legal title over those areas, which could be then traded on the property market, she said.

"That reverses very long-time understandings about the nature of public access and use of the foreshore and seabed."

Attorney-General Margaret Wilson said customary rights would still exist but there would be no exclusive titles.

Maori anger was immediate, with claims the move was made to circumvent the legal process.

Tauranga Maori today threatened international court action if the Government extinguished a long-standing claim to customary title of the seabed and foreshore of Tauranga Harbour.

Waitangi Fisheries commissioner Maui Solomon said it was contradictory to say the Crown owned the foreshore, but Maori customary rights were still preserved.

He said the Crown was now contradicting the Court of Appeal.

"It's the 21st century. We are attempting to go back to the dark ages where the Crown is saying whatever we want to happen will happen," he said.

"They've lost in the court, so they're seeking to introduce legislation to ensure that they get a win."

Miss Clark must now appease members of her Maori caucus; Associate Maori Affairs Minister Tariana Turia hailed the Court of Appeal decision when it was announced.

Miss Clark said it was important that there be win-win solution to the issue.

Denying either Maori or Pakeha access to the foreshore would not fulfil that objective.

Asked if she expected her Maori MPs to vote for the legislation, Miss Clark said she expected discussion about how different kinds of title and customary use were defined.

"Everyone needs time now to discuss the issues, to discuss the situation New Zealand is faced with," she said.

The Tauranga claims, which are 12 years old, include a joint claim to the harbour's seabed and foreshore, lodged by Tauranga's three iwi Ngati Ranginui, Ngaiterangi and Ngati Pukenga.

Ngati Ranginui chairman Colin Bidois warned the Government's "panic" reaction could lead to a whole new generation of claims for redress and compensation.

"If the Government does not treat Maori in a proper manner, I think Maoridom should appeal either to the International Court of Justice or the United Nations," he said.

A spokesman for Marlborough Sounds claimants, John Mitchell, said it was not about Maori seeking to restrict public access.

Maori wanted a greater stake when sections of the foreshore or seabed were used for commercial operations such as marine farms, he said.

Labour MP Dover Samuels, a former Maori affairs minister, said caucus would talk over the move today.

The decision had "absolutely" caused concern among Maori over their customary rights, he told reporters.

"I think we're mature enough to know we have got to work through this issue for the benefit of all New Zealanders," he said.

Ms Wilson said yesterday that, without legislation, there could be legal battles lasting five to 10 years.

Under the planned legislation, Maori could still claim customary rights to use the foreshore and seabed for activities like fishing but access could not be denied to anyone.

Ms Wilson said everybody had always believed that situation already existed, but the Court of Appeal ruling had shown the law was not clear.

Her assurances did not satisfy ACT's treaty spokesman Stephen Franks, who said there was still "fudge room".

"This is a recipe for endless uncertainty and fresh grievance."

Mr Solomon said it was regrettable the Crown was not engaging with Maori, its Treaty of Waitangi partner.

Slamming the door on the rights of Maori to be heard on the issue was not legally proper, he said.

The Crown was telling Maori they may hold customary rights, but they would not be able to use them as "we're going to take them away before you can", Mr Solomon said.

Mrs Turia will now be expected to vote for legislation passed to overrule the court, even though she said of the Court of Appeal decision: "people with interests in the seabed and foreshore might find this a good time to get into discussions with tangata whenua about joint ventures and partnerships, instead of wasting time and energy trying to defeat our people's legitimate claims".

- NZPA, BAY OF PLENTY TIMES