Go-ahead for seabed case

By RUTH BERRY

Another Maori Land Court Judge has rejected Crown attempts to have foreshore and seabed hearings adjourned until the legislation is passed, paving the way for the first substantive case.

Judge Patrick Savage rejected the Crown Law application in the court in Rotorua, setting a hearing date for the iwi of Whakatohea in March.

The Foreshore and Seabed Bill is expected to be passed by Christmas, meaning that unless it is delayed the case won't be heard. The bill closes off the MLC's jurisdiction to hear claims for customary title to the foreshore and seabed.

This year Government ministers attacked another MLC judge, Caren Wickliffe, when she rejected a Crown Law application for an adjournment over East Cast foreshore claims.

Crown Law initially appealed her decision, claiming Judge Wickliffe should not have made the preliminary decision, because as a member of some of the iwi involved she may have had a conflict of interest. Judge Wickliffe had decided to stand aside from the substantive hearing.

Tension between the executive and the judiciary mounted after Prime Minister Helen Clark and Attorney General Margaret Wilson waded into the debate to accuse Judge Wickliffe of bias.

Maori Party co-leader Tariana Turia suggested then that the Government was motivated by "pique" and was instead reflecting its anger because the decision created political difficulties for it.

In September it was announced the judicial review would be dropped and a new judge appointed who would also reconsider whether the case should be heard.


Crown Law argued there was little practical point in fixing a hearing date and putting the claimants through the cost of preparing a case which would not be heard.

It has previously used the Privy Council appeal to attempt to seek foreshore adjournments, but the appeal has now been ditched. But the Judge rejected its reasoning.

It is rare for courts to delay cases on the basis of possible legislation.