Final foreshore deal revealed

By RUTH BERRY political reporter

The Government has stuck to its plan to prevent Maori claiming ownership of the foreshore and seabed, by vesting it in the Crown.

It acknowledges that some Maori would have proved rights amounting to "exclusive possession" if it hadn't shut off that legal avenue, and is promising to negotiate "redress" in those cases.

It continues to refuse to define what that redress will entail, saying it is a matter for negotiation.

The details of the revised foreshore policy were released yesterday and, while it is less cumbersome and cosmetic changes have been made, the substance remains unchanged.

The chorus of criticism from iwi representatives was as damning as it has previously been and Federated Farmers and Fish and Game New Zealand joined in the attack.

But Prime Minister Helen Clark said that though the policy wouldn't please some, the Government had balanced various interests and provided the "win-win outcome" promised last year.

The Government was forced to wrestle with the vexed issue after a Court of Appeal ruling last year that the Crown did not own the foreshore and seabed and Maori might be able to establish common law rights, including ownership rights.

In a separate ruling the court said Te Ture Whenua Maori Act enabled the Maori Land Court to award freehold foreshore and seabed titles.

The Government argued that the ability to award a freehold title was an "unintended consequence" of the drafting of that law.

But it has conceded independent common law inquiries would have sometimes identified ownership interests leading to exclusive possession, had it not intervened.

At the heart of the argument is the Government's refusal to allow customary ownership interests to be upheld. It will protect only customary use rights - and only a small number of activities and practices actually fall into that category.

The legislation will be tabled in Parliament today, but what the Government said were the key details were announced yesterday.

The core principles remain, including ensuring public access to the foreshore and seabed.

Maori will now be able to go to the High Court as well as the Maori Land Court to register their customary use rights - such as protecting their right to launch waka where they have traditionally done so.

Groups can also apply to the Maori Land Court for "ancestral recognition" - formerly called "customary title" - to strengthen their ability to participate in coastal management decision-making.

Iwi representative groups Te Ope Mana a Tai and the Treaty Tribes Coalition both condemned the policy, which they said was simply designed to expropriate Maori property rights.