Demand for seabed law talks after UN report

Maori groups have called for a renegotiation of seabed and foreshore legislation after the UN ruled that it was racially discriminatory.

Deputy Prime Minister Michael Cullen has ruled out such a move in reaction to the decision by the UN Committee on the Elimination of Racial Discrimination.

Its report says the law extinguishes the possibility of establishing Maori customary title over the foreshore and seabed and fails to provide a guaranteed right of redress.

It also criticises the "haste with which the legislation was enacted" and the lack of consideration given to alternative plans more acceptable to Pakeha and Maori.

The South Island's Ngai Tahu iwi, the Treaty Tribes Coalition which represents most North Island iwi, and the Taranaki Maori Trust Board took the issue to the UN.

Their lawyer, Claire Charters, said the Government had "fallen foul of international law" and needed to re-enter negotiations to comply.

"Maori protest seemed to fall on deaf ears with the Government. The Government, however, cannot ignore a UN tribunal decision."

In its nine-point decision, the committee urged the Government "in accordance with the ideals of the Waitangi Treaty, to resume a dialogue with the Maori community".

Ms Charters said that while the decision was not legally binding, the Government's international reputation was at stake.

"New Zealand is seen as a world leader in human rights issues. Failing to act on the committee's decision would be a blow to that reputation."

The decision re-ignites an issue that raged for most of last year and was the catalyst for a 20,000-strong march on Parliament last May and a key reason for the formation of the Maori Party.

Dr Cullen said the report's language was vague, did not say the act was a breach of the international anti-racism convention and was not binding on the Government.

He said there were no plans to modify the Foreshore and Seabed Act, but that the Government was "ready to be flexible around discussions with various groups as the committee has asked for".

He disagreed with suggestions that the legislation had been rushed.

"What is being said is there has not been agreement. That's obviously true. There was never going to be agreement on the appropriate way forward. Many Pakeha believe we gave too much and Maori believe we gave too little."

Dr Cullen said the Government had co-operated with the committee's proceedings and would provide an update on the implementation of the Act by the end of the year.

"We hope to be in a position by then to include positive information from negotiations with Ngati Porou and Te Whanau-a-Apanui in relation to their customary rights within their traditional rohe [territory]."

Treaty Tribes coalition chairman Harry Mikaere said he was disappointed the UN ruling had not come out before the law was passed.