Tainui demands its harbour and river claims stay on table

By AINSLEY THOMSON and RUTH BERRY

Tainui wants a written undertaking from the Government that its harbour claims will be "set aside" from the foreshore legislation and has told senior ministers it fully supports MP Nanaia Mahuta.

Deputy Prime Minister Michael Cullen together with other ministers met Tainui executive in Hopuhopu yesterday to discuss how the legislation might affect claims to the west coast harbours.

Tainui settled its land confiscation claims in 1995 but claims to the Waikato River and the Manukau, Raglan, Kawhia and Aotea harbours are yet to be settled.

The Government is determined to wear away opposition to the legislation and is trying to convince Tainui MP Nanaia Mahuta and Tai Hauauru MP Tariana Turia not to vote against it.

Dr Cullen and Treaty Negotiations Minister Margaret Wilson had little to say after the meeting, also attended by the Maori Queen, Dame Te Atairangikaahu.

Dame Te Ata's presence was seen as adding weight to Tainui's position.

Dr Cullen denied Ms Mahuta's continuing refusal to support the legislation had anything to do with the meeting.

But Ms Mahuta told the Herald beforehand Tainui had been seeking a meeting with the Government since December last year and "it does concern me that so close to the vote being taken, all of a sudden there's agreement to meet".

The co-chairman of the Tainui executive, Tuku Morgan, also noted the timing was "interesting".

Mr Morgan said Dr Cullen had "given his assurance that the outstanding claims will be set aside from the foreshore legislation".

A written assurance to that effect was now being sought.

"We want our rights included and reaffirmed in law, our right to the seabed and harbours." Just what that meant, however, remained unclear yesterday.

At the heart of the opposition to the legislation is the Government's refusal to enable hapu and iwi to successfully claim some type of customary title to the foreshore and seabed which recognises ownership interests.

The Government maintains the legislation, the result of a Court of Appeal finding that the Crown does not own the foreshore and seabed, is separate from treaty settlements and won't affect those negotiations.

This is likely to be what Dr Cullen and Ms Wilson told Tainui executives behind closed doors.

But the Government's treaty settlement policy has always prevented groups from claiming customary title to the foreshore and seabed.