Reservations touted for foreshore

By RUTH BERRY

A type of Maori reservation should be created for foreshore and seabed claims with a strong case for tribal ownership, say Government MPs on the select committee considering the legislation.

Under the plan unveiled yesterday, trustees representing any group whose claim has been upheld would then be appointed to administer the coastal area.

Although the Government would maintain the underlying ownership, qualifying groups could be given perpetual leases.

This would come in the form of what is essentially a title, sitting as a burden on the Crown's title and reflecting the groups' ownership interests.

The Government is shying away from actual use of the word "title", although the committee's special adviser, Tim Castle, said this was what it was.

Public rights of access and navigation would be guaranteed.

The proposal is similar to one flagged by Chief Justice Sian Elias in the Ngati Apa foreshore finding, released in May.

Then she hinted a compromise position might involve the Maori Land Court using its Te Ture Whenua Maori Act powers to award such groups "customary land" status, without proceeding to award the controversial freehold title.

That act also provides for the creation of Maori reservations on "land" and is the source of the idea.

Under the act, trustees have a right to grant lease or occupation licences to others and to collect the revenue from them.

MPs did not say yesterday whether they also wanted to adopt this aspect of the reservation model.

The Government's Maori caucus has lobbied for the proposal to be included in the definition of redress which the Crown could award, under the legislation.

Negotiated redress between the Government and a group would follow a High Court order that but for the legislation, a common-law inquiry would have recognised what it calls a territorial customary right (TCR), also called a customary title.

Redress is now undefined in the bill, which angers Maori submitters. They say it is unfair of the Crown to refuse to state how claims upheld by the court would be dealt with.

But a high bar will have to be met before a TCR declaration is made, and most Maori groups will not meet it.

The Maori caucus believes it has chalked up a significant win with the proposal, which Tai Tokerau MP Dover Samuels described as a "takutaimoana reserve".

Deputy Prime Minister Michael Cullen is believed to back the concept, but won't publicly endorse it until he can secure New Zealand First's ongoing support. He will also be monitoring public reaction.

Because the committee was split five-five, political parties issued independent reports and it could not make formal recommendations on changes to the bill.

They will now be made through supplementary order papers in coming weeks. Only then will the bill's final shape emerge.

Winston Peters' party is the only one to support it so far, but he refused to comment yesterday on any of the plans floated.

They included the Government MPs' push to drop ancestral connection orders, another unpopular clause among Maori submitters requiring groups to prove their traditional links with coastal marine areas to gain consultation rights.

Mr Peters said he would make his position clear when given a final draft of the legislation, expected within days.

Tainui MP Nanaia Mahuta did not return calls yesterday, but one Labour source said she might be willing to back it in light of the proposed changes.

Her vote could enable the Government to try to turn back to United Future, if Mr Peters pulled his support.

Committee chairman Russell Fairbrother said a 200-page paper from the Department of the Prime Minister and Cabinet recommended largely technical changes.

All other political parties slammed the Government proposals and the derailed select committee process, which they said evidenced the unpopularity of the legislation.

Foreshore update

NEW PROPOSAL

* Create Maori "reservations" for the strongest foreshore claims.

* Maori would hold perpetual leases on the land but the Crown would still own it.

* Public access would be guaranteed.

WILL IT SUCCEED?

* Unclear at this stage. The answer partly depends on NZ First, which will not yet say if it backs the idea.