Peters wins war of words over foreshore bill

By RUTH BERRY political reporter

United Future withdrew its support, New Zealand First flexed its muscle and the Government was forced to bow in last-minute horse trading over the foreshore bill yesterday.

The battle was over two words in the bill - "public domain" - which are generally regarded as irrelevant.

United Future leader Peter Dunne withdrew his party's support as the Government was unveiling its amended policy after the phrase was ditched to guarantee NZ First's 13 votes.

The draft bill had said the foreshore and seabed would be vested in Crown ownership "preserved in perpetuity as public domain".

United Future has backed the policy for months, but because of uncertainty over the votes of three Government MPs, its eight votes weren't enough to pass the bill, to be introduced today.

NZ First leader Winston Peters has negotiated a series of other changes, including provision for non-Maori to make customary rights claims.

Deputy Prime Minister Michael Cullen suggested this and other changes negotiated by Mr Peters were largely cosmetic.

Anyone making a customary rights claim would have to establish an uninterrupted association with the relevant area since 1840.

He was not "aware of any non-Maori groups who will qualify".

Dr Cullen said the Government had stuck to its four key principles, and the policy was an improvement on the December version.

Prime Minister Helen Clark said the issue had been contentious and difficult, and not everybody would be happy.

But the Government had achieved the "win-win" resolution it had sought.

Treaty Tribes Coalition chairman Harry Mikaere said the Government's mishandling of the issue had been a fiasco.

"Last-minute party political horsetrading is not the way to resolve this issue in an enduring way, particularly given its importance to all New Zealanders," he said.

Iwi lobby group Te Ope Mana a Tai believed little real change had been made, although final conclusions could not be made until the legislation was revealed today.

Green co-leader Jeanette Fitzsimons said she could not believe the "two Peters" had bothered to play brinkmanship over a phrase which had "no legal meaning whatsoever", while ignoring fundamental issues.

These included the Government's plan to override Maori rights to enjoy unimpeded due process through the courts and have ownership titles recognised.

The Greens said they had again been asked yesterday to abstain from voting, which would have given the Government more leeway. They declined.

A disappointed Mr Dunne said the phrase "public domain" had been important because it would help prevent governments selling the foreshore and seabed.

The Government would have retained the phrase, but for the "dishonourable behaviour of three members of its own caucus".

He was referred to Tariana Turia and Nanaia Mahuta, who are threatening to oppose the legislation, and Georgina Beyer, who is threatening to abstain.

Helen Clark refused to comment on talks with her rebel MPs, but indicated their position might now be less certain.

The MPs were keeping their heads down yesterday, but sources said the two planning to cross the floor had not indicated any change of mind.

Mr Peters agreed the words 'public domain' were meaningless.

"So why put them in legislation for some activist court to misinterpret in the years ahead?"

He said his view had been made clear to Dr Cullen, when he was asked to begin talks several weeks ago.

Shifting sands

Government foreshore changes since December:

* Foreshore and seabed vested in the Crown.

* Term "customary title" ditched in favour of "ancestral connection".

* Claimants can have common law customary rights investigated through High Court.

* Maori Land Court's ability to determine which groups, but for Crown vesting, would have qualified for ownership titles and therefore redress diverted to High Court.

* Regional working groups and proposed roving commission dumped.

* RMA amendments will lead to customary rights being defined as matters of "national importance".