John Armstrong: PM's ruthless step leaves Maori loyalties at sea

That the Government plans to pass a special law to override the judicial system and cement exclusive Crown ownership of the seabed and foreshore is hardly a surprise.

What is notable is the speed with which it moved to nullify the Court of Appeal's ruling on the Maori claim, given Labour's significant and supposedly influential Maori component.

Sensing a brewing Pakeha backlash, however, the Government simply could not afford to become bogged down in protracted consultations with Maori.

The Prime Minister did not muck around.

Last Thursday, the Court of Appeal ruled eight iwi could have their claim to the Marlborough seabed and foreshore - the land between high and low tide - heard by the Maori Land Court.

On Friday, the Prime Minister was saying ownership of the foreshore and seabed traditionally lies with the Crown, not iwi.

On Monday, the Cabinet confirmed that would remain the case come low or high water.

Helen Clark's approach was "act now, talk later". Even her Maori caucus was kept out of the loop.

That was advisable, as those now-furious Maori MPs would have tried to block the Cabinet decision, which they believe amounts to confiscation of Maori land.

But so much for Labour talk of the Treaty of Waitangi being a "living document". Only when it suits the majority treaty partner, it seems.

In swiftly and mercilessly snuffing out any right that Maori might have had to claim customary title to the seabed or foreshore, an utterly pragmatic Prime Minister has displayed the bottom-line self-preservation instincts guiding her second-term Administration.

The Court of Appeal's decision left a vacuum in which Pakeha fears would ferment.

It only needed one iwi to start talking about charging for beach access for the whole brew to explode in the Government's face.

There was also the none-too-small matter of investor confidence in marine-based industries such as mussel-farming being seriously undermined.

Helen Clark's modus operandi is not to let problems linger a day longer than necessary.

But the court ruling also presented an opportunity to send another powerful signal to voters that Labour has no qualms about imposing limits on special rights for Maori, thereby hammering home the message delivered through the Government's refusal to countenance Maori ownership of oil and gas reserves.

In the process, Labour has taken some of the sting out of Bill English's "one standard of citizenship for all" billboard campaign.

Some of the sting, at least for now.

Although being denied customary title, Maori will be consulted about rights of customary use.

Satisfying Maori demands for exclusive access to parts of the seabed and foreshore without alienating Pakeha will be tough.

The Pakeha backlash may not be averted - especially as Treaty Negotiations Minister Margaret Wilson is also trying to mollify angry Maori claimants by talking of compensation for perceived loss of title.

Labour also faces the uneasy prospect of the Maori backlash resurfacing during select committee hearings on the special law.

Unity has also broken out in the normally divided, but now smarting Maori caucus. Crossing the floor would not derail the special law because National will support the measure. But Helen Clark can expect some unhelpful muscle-flexing.

No matter. In this case, short-term political imperatives simply outweigh any longer-term pain that Labour may have to endure.