Maori claims need legal aid: Judges

By AUDREY YOUNG

Maori Land Court judges want legal aid extended to claimants on foreshore and seabed issues.

The judges have urged the Government to change its mind about denying legal aid to claimants, saying the policy gives wealthy tribes an unfair advantage.

The judges' case is argued in a written submission to the select committee considering the Foreshore and Seabed Bill, signed by chief judge Joe Williams.

The legislation not only vests ownership of the foreshore and seabed in the Crown, it also sets up a process whereby the Maori Land Court can make ancestral connection orders or customary rights orders, both of which will give holders greater rights in the management of the foreshore.

Judge Williams said that unless legal aid was available, "it may detract from the workability of the legislation".

"Lack of legal aid to assist applicants in complex applications of this nature will lead to wealthy tribal organisations being unfairly advantaged," he said.

But of greater concern was that without the technical assistance of lawyers, "most applicant groups will be unable to [prepare] their applications competently, and the entire process compromised".

The judge said applications for ancestral connection orders and customary rights orders would "unquestionably be complex", for some of the following reasons:

* They will raise significant and sometimes controversial questions of custom, law and/or tikanga (traditions).

* They will involve multiple kin groups competing with each other for exclusive or overlapping rights.

* They will involve the interests and expectations of non-Maori groups.

* They will be affected by processes under way in the Maori fisheries allocation.

Deputy Prime Minister Michael Cullen was not concerned about a judge making a submission on the legislation on technical issues. Maori Language Commission chief executive Haami Piripi was censured for making a political submission.

Dr Cullen said the legal aid issue would be a matter for the select committee, but New Zealand First would be strongly opposed.

Denying legal aid was one of the conditions it set before supporting the minority Government's legislation vesting ownership of the foreshore and seabed in the Crown.

New Zealand First leader Winston Peters could not be contacted for comment.

The Legal Services Board could not provide a breakdown yesterday of the amount spent on cases to the Maori Land Court or Maori Appellate Court but there were 54 such cases.

Judge Williams' submission also argues:

* The 2015 time limit for lodging claims should be removed, "to avoid artificial incentives to litigation."

* All first appeals under the legislation should be to the Maori Appellate Court, not the High Court.

* Exception be allowed to the requirement for orders to be made only if the applicants have had a continuous connection since 1840 - the court has previously found that customary title existed on coastal land as a result of a post-1840 transfer under Maori lore to a particular person, whanau or hapu.

Judge Williams has offered to appear before the select committee, which resumes hearings next week.