Waitangi Tribunal suffers rebuff over seabed issue

By RUTH BERRY political reporter

The Government yesterday rebuffed Waitangi Tribunal suggestions that only one of its inquiries could bring about meaningful dialogue over the foreshore and seabed, in a sign of mounting tension between the parties.

The Government finally released details of its timetable yesterday, revealing that it hoped to have a policy finalised by Christmas but was likely to delay introduction of legislation until late February or early March.

The Crown Law Office told the tribunal on Monday that the Government wanted to delay an urgent hearing on whether its plans breached the treaty, saying it wanted more time to consult and complete its policy.

Its lawyers were unable to provide any details about the delay or progress, saying six months should be enough.

The tribunal chided Crown Law for the Government's failure to provide information and asked it to try to reach agreement with claimant lawyers on its desire for a delay.

Crown Law responded yesterday.

It said the Government did not accept the tribunal's view that the only opportunity for meaningful dialogue between Maori and the Crown was in the context of a tribunal inquiry.

The Government considered "consultation and dialogue with Maori was best carried out face-to-face and not in the context of the tribunal hearing which inevitably has adversarial elements to it".

Crown Law said the Government wanted the tribunal's advice but would not give it the time it had sought to write a report before legislating.

Grant Powell, a lawyer representing several claimants, said the Government had failed to properly consult claimant lawyers as directed by the tribunal, or offer guarantees sought.

The lawyers were "very unhappy" with the disregard shown towards the tribunal's directions and would file their memorandum today.

He also referred to "very dangerous and unhealthy" comments by Deputy Prime Minister Michael Cullen on Tuesday suggesting that Maori Land Court judges might not be able to continue a 28-year practice of working on tribunal inquiries as well.

Te Arawa Trust Board chairman Arapeta Tahana said that issue was a key concern for iwi and hapu present at the third Maori foreshore and seabed hui in Rotorua yesterday.

"Some consider it a slur on the impartiality of the judges."

Only about 100 people attended the hui but they passed resolutions highly critical of Government plans.