Lake, seabed anomaly angers iwi

By RUTH BERRY political reporter

The deal granting Te Arawa ownership of their lakes has raised questions about why foreshore and seabed claims appear set to be treated so differently.

A Hauraki iwi spokesman said yesterday that there was an inexplicable anomaly in the way governments had dealt with ownership interests in lakes and rivers and the proposed foreshore and seabed policy.

The contentious policy is expected to be approved by the Cabinet today and released on Wednesday.

Government MPs and ministers were tight-lipped yesterday, refusing to return media calls.

On Saturday, the Government said Te Arawa had accepted, in principle, the Crown's offer to transfer the ownership title of 14 Rotorua lakebeds to the tribe.

Any person or business wanting to build new structures on the lakebeds will require Te Arawa's permission.

The tribe will be able to charge rents for any future structures erected on the lakebeds.

The arrangements are similar to those negotiated by Tuwharetoa over Lake Taupo. Ngai Tahu also has title to some lakebeds.

Under the foreshore and seabed policy, the Government plans to allow hapu and iwi a much more limited title that does not recognise ownership interests.

It also appears firmly opposed to allowing commercial opportunities to flow from any titles awarded.

John McEnteer, a spokesman for Hauraki, said he was pleased Te Arawa had reached a deal, but it highlighted the overall inconsistency of the Crown's handling of treaty and customary rights claims.

"There's no logic to it. It's an absolute travesty."

Hauraki tribes had a well-documented relationship with the Hauraki Gulf that was as strong as the relationship Te Arawa had with the lakes, he said.

The Government was trying to draw a distinction between treaty claims, such as those involving lakes, and common law cases, from which the foreshore and seabed issue arose.

But the issues were 'inextricably linked" for Hauraki and a number of other iwi.

The substance of Hauraki's treaty claim involved the gulf, and the foreshore and seabed policy would determine the boundaries of all subsequent treaty talks regarding the gulf, said Mr McEnteer.

Treaty Negotiations Minister Margaret Wilson refused to speak to the Herald yesterday, but confirmed later through a spokeswoman that the Government felt different legal processes were involved: treaty and common law.

The Government's other argument is that National set a precedent by granting lakebed titles.

Meanwhile, National says the release of the seabed policy the day after Parliament rises for the year is an "unacceptable abuse of the democratic process".

Deputy leader Gerry Brownlee called on the Government to waive the traditional two-hour adjournment debate in the House to allow discussion of the issue, which had "great constitutional significance".

Ngati Kahu tribal leader Margaret Mutu said yesterday that members would conduct an information campaign this summer by handing out leaflets on Far North beaches.

Rangatiratanga activist Mike Smith called on Maori to patrol beaches and to deluge police and councils with phone calls if they believed people - such as hoons throwing beer bottles - were abusing the environment.

Both stressed they opposed violent protest or attempts to obstruct people enjoying the beach.

The Te Arawa deal

Crown to transfer the ownership title of 14 Rotorua lakebeds to the tribe.

Any construction on the lakebeds will require Te Arawa permission.

Tuwharetoa has a similar arrangement over Lake Taupo.