Marlborough councillors divided over foreshore

By IAN LLEWELLYN

BLENHEIM- Marlborough District Councillors are divided over whether they should appeal a crucial Court of Appeal ruling on the foreshore and seabed ownership issue.

Some councillors met informally with local Maori today for the first time since the court ruled against the council and said the Maori Land Court should be able to consider Maori claims for customary title to Marlborough Sounds foreshore and seabed.

Mayor Tom Harrison has refused to formally meet with Maori -- or any group -- until the Government finalises its policy.

"What's the point of talking until they decide on the legislation we will be working under," Mr Harrison told NZPA.

Other councillors had called the meeting to score political points, he said.

Despite Mr Harrison's views, local Maori and councillors did meet to discuss the claims and whether the council would take the issue to the Privy Council.

Both sides said the meeting was constructive and had helped to ease some of the tensions.

Despite that the sides remained poles apart -- as are many Pakeha and Maori across the country.

The Government has decided to legislate so that no-one can hold title to the foreshore and seabed, and is starting a six-week consultation with Maori before starting to draft legislation.

One local Maori leader, Richard Bradley, said the council seemed to be in denial about the Court of Appeal decision.

"There has been a lot of talk from the council on one law for all. It would appear at this stage the Court of Appeal suggests the council isn't applying the law on behalf of all people," Mr Bradley said.

He felt the majority of councillors would not be interested in going to the Privy Council.

"Their application will fail and it will cost ratepayers a lot of money," he said.

Some councillors spoken to by NZPA also thought the council would decide not to appeal.

The council has only lodged a right to appeal, and is yet to meet to decide whether to keep it alive.

"Personally, I think the majority will say we shouldn't proceed," councillor Ian Mitchell said.

Mayor Harrison said it was only prudent to keep all options open until the Government made final decision. He was unsure whether a majority of councillors would support his views.

After the meeting in the council chambers, Maori began gathering out of town at the Omaka Marae for the national hui.

After a powhiri this afternoon Te Tau Ihu Iwi (Top of the South Island iwi) will be gathering tomorrow to see if they can find a consensus with other Maori on the ownership issue.

Local Maori are angry that the Government is looking to close down an option the Court of Appeal said was open to them.

In particular they want more say over marine farming.

Spokesman Paul Morgan said the Government was trying to restrict customary rights to "discreet activities" like gathering pipi.

"Customary rights are much more than that. They include the right to manage an area, develop an area for cultural and economic benefits and the rights of use and access," he said.

Mr Morgan said Te Tau Ihu Iwi, led by the eight iwi from the top of the South Island, had received excellent support for its discussion framework.

'In the last fortnight, members of our group have talked to iwi from the top of the North Island, the top of the South Island, Taranaki and the Bay of Plenty," he said.

"They all believe our draft principles form a solid foundation to resolve these issues."

Mr Morgan said while iwi have unanimously rejected the Government's proposal for protecting customary rights, the onus is now on iwi to come up with some workable solutions.

"We now want to achieve a wider representation of iwi on Te Ope Mana a Tai and some clear strategies for advancing these complex issues."

What actually caused Te Tau Ihu Iwi to take the matter to court in the first place -- aquaculture -- is still an unresolved issue and not covered by the Government's four principles.

The Government could be eyeing the prospect of settling Te Tau Ihu Iwi's aquaculture problems with solutions like giving iwi first right of refusal on marine farms, or setting aside a quota for Maori of what space there is left.

The Government is putting on its own hui at Omaka Marae near Blenheim next month, one of 11 being held as part of the Government's consultation over its proposals.

- NZPA