Irate iwi bent on chasing title case

By RUTH BERRY, political reporter

The iwi which took the ground-breaking foreshore and seabed case said yesterday that they were now determined to have their claim to customary title heard in the Maori Land Court.

Te Tau Ihu, the eight iwi from the top of the South Island, also lashed out at the Government, accusing it of trying to change the goalposts and deny them access to natural justice, after losing the court case.

The Court of Appeal recently ruled that Maori customary title to foreshore and seabed had not been extinguished, as claimed by the Crown, and the land court should be entitled to hear claims to the title.

Richard Bradley of Te Tau Ihu said: "We have jumped through all the hoops over the past eight years to get to this point, only to be told by the Government that the Court of Appeal decision is inconvenient to them and they will now legislate."

The Government has said it intends to legislate to resolve at least some of the issues raised by the ruling, although it suggested tribes could still address some issues through the land court.

TV3 reported yesterday that although iwi would still be able to claim customary title to seabed and foreshore under plans being considered by the Government, it would entitle them to guardianship rather ownership rights.

The legislation to be introduced would clarify this was the status of customary title in relation to foreshore and seabed, if the plan went ahead, the report said.

Under existing law, customary title could empower the court to award anything from simply seafood gathering rights to freehold title.

But the appeal court ruled that 1991 seabed-vesting legislation would make it very difficult for the land court to award potential foreshore and seabed customary titleholders a freehold title.

The Government's reported proposal will nevertheless anger iwi, who will want the land court to further investigate whether exclusive ownership title could be awarded.

What remains unclear under the reported proposal is whether the Government will move to restrict the rights the land court could award along with a customary title grant.

Iwi can already be awarded kaitiaki or guardianship status under the Resource Management Act and some customary fishing law.

Te Tau Ihu yesterday also expressed "sadness at the alarmist views promoted by some civic leaders", singling out Marlborough Mayor Tom Harrison for criticism.

Up to 700 people are expected in Paeroa tomorrow where iwi, including Te Tau Ihu, will draw up a game plan to address the court ruling and the Government's response.

The Maori Council also meets in Auckland today to discuss it.