Tamihere: Takapuna, Kohi next

By AUDREY YOUNG political editor

Cabinet Minister John Tamihere last night suggested that Maori customary claims to beaches such as Takapuna and Kohimarama might soon end up in the Waitangi Tribunal.

He made his comments after a key Maori grouping issued a set of draft principles to measure against Government proposals on who owns and controls the New Zealand coastline.

Among the principles, it says that "customary rights have priority over all other uses in the coastal marine environment", but it also says: "We will continue to allow public access to the beach for private recreational use."

But Mr Tamihere was most heartened by a principle stating: "Where areas of foreshore and seabed have been taken by legislative action or otherwise unfairly acquired by the Crown, any loss of customary rights that has resulted may be treaty grievances that the Crown should move to address as matter of urgency through the treaty settlement process."

He believed that there had to be an inquiry by the Maori Land Court into the extent of a claimant's customary right and whether there had been a continuous customary usage and that "in the event that there has been a loss of a right, it becomes a treaty claim".

Asked if that meant land vested in various harbour boards, he said: "And the Kohimarama Beach and the Takapuna Beach perhaps.

"There are a hell of a lot of beaches out there where the right to customary usage and the continuity of it has been breached."

Without saying what the Government proposal would entail, he believed that claims to the Maori Land Court would establish some "very quick precedents".

"You will start to know that because your chain of customary usage has been broken, you can no longer claim it and that will therefore send you back to the Waitangi Tribunal."

Mr Tamihere welcomed the issuing of principles by Te Ope Mana a Tai as "considered".

He said that once the Government proposal was released "there are a number of things in here which will allow us to get around the table and have a good talk".

The Government's proposals are expected to be released next week, following the release of a report by the Land Access Reference Group today or tomorrow.

Te Ope Mana a Tai is a steering group set up in the wake of the landmark Court of Appeal decision on the foreshore. It comprises the nine tribal claimants in the foreshore case (eight from the top of the South Island and Muriwhenua from the North) and the Iwi Aquaculture Steering Group.

The Waitangi Fisheries Commission, which financed the original iwi claim to the foreshore and seabed, has helped the steering group and posted the principles on its websites, but commissioner and former judge Ken Mason said the commission was not a part of it.

"It is hoped that by the time the hui comes along that more iwi will become involved in the process."

Te Ope Mana a Tai will seek wider iwi support and views.

The principles and the new Government proposal will be discussed at a hui in Blenheim at the end of the month.

The principles were issued by the chairman of Te Ope Mana a Tai, Matiu Rei, of one of the claimant tribes, Ngati Toa.

He believed that the Crown wanted to move in "with a sledgehammer" on the Maori claims.

But he was more troubled by groups such as Federated Farmers and land owners with riparian rights.



Customary rights


A summary of Te Ope Mana a Tai's draft principles:

* It is not for the Crown to determine the nature and extent of customary rights but rather it must respect iwi rights.

* New Zealand was held by iwi and hapu under their mana according to their tikanga. The treaty confirmed their rights and established a relationship with the Crown to give effect to those rights.

* There has been a failure to appropriately and substantively recognise, protect and enhance customary rights. However, we would oppose any move to change customary rights without iwi input and consent.

* We will oppose any process that fails to adequately recognise customary rights in the coastal marine area and development rights such as aquaculture.

* Customary rights should be recognised in all coastal marine legislation and policy. Policy changes should not undermine existing settlement that relates to the coastal marine area.

* We will continue to allow public access to the beach for private recreational use.

* The removal of a customary right requires iwi agreement.

* Customary rights include a development and a commercial component.

* Customary rights have priority over all other uses in the coastal marine area.

* Where areas of foreshore and seabed have been taken by legislative action or otherwise unfairly acquired, the Crown should move to address it as a matter of urgency through the treaty settlement process.

* A pre-emptive move by the Crown to curtail iwi rights in the coastal marine area will create a significant treaty grievance.