KEY POINTS:
The Government and Ngati Porou have signed an agreement recognising the iwi's relationship with the East Cape coast.
It is the first heads of agreement to be reached under the Foreshore and Seabed Act.
Attorney General Michael Cullen said the historic agreement struck a balance between preserving the
public foreshore and seabed and recognising customary interests.
When the agreement is finalised, it will require legal recognition of Ngati Porou's territorial customary rights.
The agreement will ensure Ngati Porou's status is recorded in official documents and is taken into account in consent processes under the Resource Management Act and Marine Reserves Act.
It will also require the Government to consult with Ngati Porou on issues such as fisheries and conservation in the East Cape coastal area.
There will also be a protection for specified customary rights and the ability to block resource consents which would affect the coastal customary rights areas.
The Government and the iwi are yet finalise details of the agreement including the location of territorial customary rights areas and the collection of evidence to back the claims.
Once this is done an application will be made to the High Court for confirmation and legislation will be needed to give effect to the agreement.
Dr Cullen has been leading the talks with the East Coast-based iwi ever since the row over the foreshore and seabed row broke out.
In 2003 the Court of Appeal ruled that it was possible in some cases for Maori customary title on some parts of the foreshore and seabed to convert into a freehold title.
To qualify the area would have had to meet strong tests such as continual use.
The Government chose to legislate against the judgment and after months of controversy set up an alternative process to recognise Maori interest in coastal areas.
The move provoked a furious reaction from both sides of the political spectrum with National campaigning on one law for all while Maori were incensed at what they regarded as a confiscation.
It ultimately resulted in the formation of the Maori Party, which now holds four seats once held by Labour.
Ngati Porou had a strong claim to much of the coastal area around the East Cape as, unlike many other iwi, it owned land around the coastline and could show constant occupation and use pre-dating the Treaty of Waitangi.
- NZPA
