Labour's Maori MPs reject new seabed law

By AUDREY YOUNG political editor

Labour's Maori MPs last night challenged their own Government, saying it needed Maori permission before it could extinguish Maori customary title.

Their statement was signed by eight of the nine MPs, including the two Maori Cabinet ministers, Maori Affairs Minister Parekura Horomia and Associate Minister John Tamihere.

It reflects their disturbance at Maori not being consulted before Monday's announcement that a law would be passed asserting the Crown's ownership of the foreshore and seabed.

That was in response to a Court of Appeal decision allowing eight iwi to pursue their claims to customary title of the Marlborough foreshore and seabed.

But the proposed law change will extinguish any customary title Maori might have been able to prove.

"The land wars are over," the MPs statement said, "so the consent of tangata whenua is required before customary title can be extinguished.

"Otherwise it is a confiscation, and is likely to breach international law."

The statement is believed to have been written by associate minister Tariana Turia.

It carried the signatures of eight of the nine MPs - Mr Horomia, Mr Tamihere, Mrs Turia, associate minister Dover Samuels, parliamentary under-secretary Mita Ririnui, Mahara Okeroa, Georgina Beyer and Dave Hereora.

Nanaia Mahuta did not sign.

"The Maori caucus is clear that customary use flows from customary title, and if the title is lost the rights of tangata whenua become privileges granted by the Crown."

It is thought Maori MPs believe they can negotiate protection for the customary use of the foreshore and seabed in the proposed law, or perhaps compensation for lost title.

The statement said that the Government was not extinguishing Maori customary rights.

"It is merely setting out a process in light of the circumstances where those rights can be recognised."

Mr Tamihere disputed any suggestion that his signature on the statement breached collective cabinet responsibility.nte

Mr Horomia said last night the Maori caucus recognised "the tensions and angst by our people".

Prime Minister Helen Clark said through a spokesman last night that a process had started to determine how customary rights would be dealt with, and the Maori MPs were keen to be part of that.

All the Maori MPs will join senior Cabinet ministers on a committee to address the issue.

It is to be headed by the Government's most seasoned trouble-shooter, Deputy Prime Minister Michael Cullen.

Attorney-General Margaret Wilson hinted yesterday that compensation might be considered.

But speaking before the Maori MPs issued their statement, Helen Clark down-played that, saying it was too early to talk about compensation.

Ms Wilson said she believed Maori had been most keen to preserve rights to traditional customary use - mainly seafood gathering - and iwi would still be able to claim that through the court.

"Of course if people then want compensation or want money, then I suppose that will become a matter of negotiations," she said yesterday on National Radio.

Ms Wilson acknowledged in Parliament that there had been no consultation with Maori before the law change was announced.

But she said extensive negotiations would be held with Labour's Maori MPs and other members of the party caucus in working out the detail of the policy.

National Party leader Bill English suggested there was a contradiction in the Government's position.

"If it is the Government's view that the title to the foreshore and the seabed has always been with the Crown, what is it that she is going to be negotiating with Maori about and why is she already suggesting compensation for a right she said the Crown always had?"

Mr Samuels said before the Maori MPs' meeting that some Maori had urged the MPs to walk out of the process, but there would be no point in doing that.

"We have got some leverage in the process," he said.

"People should taihoa, take a breath and don't overheat".