Policy 'leaves Maori out'

By RUTH BERRY politcal reporter

The Government's foreshore and seabed policy strips Maori of any chance to play a major role in the coastal marine environment, says the group of iwi representatives at the heart of the debate.

The word "confiscation" was being uttered by several leaders.

But a few iwi are holding their fire, saying the Government may yet deliver something they can live with.

Matiu Rei, chairman of the iwi representative group Te Ope Mana a Tai, which has been "engaging" with the Government, said yesterday the proposal was worse than it had anticipated.

Proposals to increase Maori participation in local government decision-making over the coastal marine regime put councils under no more obligations than the new Local Government Act and the Resource Management Act already did, he said.

There did not appear to be significant co-management roles or any commercial development opportunities on offer in exchange for extinguishing legal rights.

Te Ope Mana a Tai would host a meeting of iwi leaders in Wellington today to discuss the next step, he said.

But Ngati Porou leader Api Mahuika, who has had a number of discussions with Government ministers, said yesterday that while he had some "major concerns" with the policy the tribe was committed to continued negotiations.

Ngati Porou is the second-biggest iwi and owns 90 per cent of land adjoining the coast in its region, giving it a particularly strong case.

The iwi, which has so far shunned a pan-tribal approach, was "convinced" the Government appreciated its position, Mr Mahuika said.

Waitangi Fisheries Commission chairman Shane Jones said if there were opportunities in the policy it would depend on how the rights the Maori Land Court could recognise were defined.

He wanted an extensive definition of the rights so Maori could reap commercial benefits.

Iwi should consider the policy and prepare to take another shot at it.

"I'd advise the firebrands to go to the beach and have a community hangi, not a political tangi," he said.

Local Government NZ president Basil Morrison said the proposal to come up with regional plans for Maori participation would create a lot of work for regional councils.

The participation provisions the Government was talking about were already included in legislation, but had not always been used.

The proposal would give iwi and hapu more power to assert those participation rights.

It was also likely to ensure government agencies such as DoC fulfilled their obligations to Maori.



Federated Farmers president Tom Lamb said the proposal had created more uncertainty for thousands of farmers. The Government had confirmed it wanted to increase public access across "foreshore" land which could stretch as far as 1km inland because it had defined the boundary as the mean high water springs mark.

It had only confirmed that boundary yesterday, which would affect up to 12,000 properties, Mr Lamb said.

The Government will tackle these access issues later.

So far it has said only that it wants 48 private titles to foreshore placed in the public domain over time.

Q&A: The new regime

Q. Who will own the beaches?

A. No one - or everyone. The foreshore and beaches will be in the "public domain", and laws passed vesting ownership in the people of New Zealand.

Until June it had been widely assumed the Crown owned the foreshore and seabed. But the Court of Appeal gave Maori the go-ahead to make a claim for customary title in the Maori Land Court.

If such title had been awarded, under the Te Ture Whenua Act 1993 it could have been converted to private title and sold.

Q. Why didn't the Government simply assert Crown ownership?

A. It argues that the word "Crown" does not necessarily mean including Maori because it was the term used for the non-Maori partner in the Treaty of Waitangi.

Q. Who can get customary title?

A. Whanau, hapu or iwi [families, sub-tribes and tribes] who can prove continuous use of an area for a particular activity can still be granted customary title by the Land Court, but the act will be amended to prevent that title becoming freehold, and public access will be preserved.

Q. What is a customary right?

A. The continuous use of a particular area for a particular activity. Examples cited in the proposals include extraction of sand, shingle and other natural minerals; use of special rocks or reefs; waka launching; erection of cultural amenities; and protection of historic sites, including burial sites.

Like customary title, it is an English common-law concept - based on case law - but will now be more extensively written into statutes and protected.

Q. Do Maori get anything for having a potential property right extinguished?

A. The promise of a stronger management role over the coast for those who can prove customary title, but exactly how it will work will vary from area to area. Title-holders can also develop a commercial interest related to the customary right - for example, selling sand - but it will have to comply with the Resource Management Act.