National's Brownlee lashes out at judge

By AUDREY YOUNG

National Party deputy leader Gerry Brownlee yesterday delivered a broadside to Chief Maori Land Court Judge Joe Williams for correcting an assertion in a party foreshore and seabed advertisement.

"I think Judge Williams is straying dangerously off the bench into politics and, quite frankly, wants to watch himself," Mr Brownlee said.

The full-page ad, in the Herald on Tuesday, claimed that "non-Maori - 85 per cent of New Zealanders - aren't allowed to bring proceedings in the Maori Land Court".

Judge Williams had written to the Herald saying he took exception to the "purported statement of fact" that non-Maori were not allowed to bring proceedings to the Maori Land Court.

"That is completely incorrect. Non-Maori have been entitled to bring proceedings in the Maori Land Court since at least 1878.

"Applications for confirmation of sales and leases have almost always been brought by non-Maori. Applications to subdivide title are also brought by non-Maori.

"Occasionally the court will hear applications for succession by non-Maori to interest in Maori land. There are many non-Maori who own or have interests in Maori land and all have standing to bring proceedings before the court."

Mr Brownlee said the advertisement was not saying the court disbarred non-Maori but that because non-Maori would not meet the criteria for ancestral connection under the foreshore bill, they would not be able to take a claim for ancestral connection to the court.

He would not accept that Judge Williams was technically correct.

"His role is to be an impartial judicial officer.

"Quite frankly, if he wants to enter politics he should get off the bench and stand for Parliament.

"It is a politician's role and duty to point out flaws in intended legislation. That's what we have done here.

"We're not talking about the Maori Land Court per se.

"We're talking about the clause in the proposed bill that deals with ancestral connection and it is patently clear that if you are not a Maori, you cannot bring a proceeding for an ancestral connection right in the Maori Land Court."

The disputed part of the advertisement appeared under the sub-heading: "Ancestral connection orders will be hard to oppose".

The Foreshore and Seabed Bill vests ownership of the foreshore and seabed in the Crown.

It establishes a system under which the Maori Land Court can register groups' ancestral connection with particular coastal areas if they have had a connection with the area since at least 1840.

Under the legislation, groups that have carried on a particular activity in an area largely uninterrupted since that time can register their customary rights with the court.