Details stall decision on Waikato River

Dame Te Atairangikaahu greets Helen Clark at Turangawaewae Marae yesterday. Picture / Richard Robinson

Government negotiations over the settlement of a Tainui claim to the Waikato River have become snagged over the issue of co-management and control of the river's water and minerals.

Prime Minister Helen Clark and 17 Labour MPs turned out for the celebrations marking the 40th anniversary of the crowning of the Maori Queen, Dame Te Atairangikaahu, yesterday, when it was expected some announcement would be made on the future of the river.

A tribal source who would not be named said negotiations had been stalled by "issues" raised by Environment Waikato.

"They [Environment Waikato] want to have a closer look at what it [co-management] means."

The source said negotiations had also faltered on the issue of ownership and control of the river's water and minerals.

Tainui defines the river as covering an area from the Huka Falls to the mouth at Port Waikato and includes its waters, banks and beds (and all minerals under them), its streams, tributaries, lakes, aquatic fisheries, vegetation and floodplains as well as its "metaphysical being".

Environment Waikato chief executive Harry Wilson did not return calls yesterday.

Tainui chairman and co-negotiator Tuku Morgan said any issues Environment Waikato had needed to be resolved by the Government.

"Environment Waikato have a significant role in the management of the river ... but this is an issue of a breach of the Treaty, as acknowledged by the Prime Minister today, not between Tainui and Environment Waikato."

Mr Morgan refused to discuss what co-management and water and mineral rights involved.

But he emphasised that private and public access to the river would not be compromised by the settlement.

He said he was grateful for the progress and acknowledgment by the Crown.

"We have made substantial progress. We are happy with progress. This is not a quick-fix solution. We are seeking a fair and enduring settlement."

In her speech Helen Clark talked of a renewed focus in the negotiations of the tribe's claim, and confidence of "reaching a significant milestone in this 40th anniversary" of the Queen's reign.

She said the claim resulted from confiscation of tribal lands in the 1900s, after the Crown "unjustly and in breach of the Treaty" sent its forces into Tainui territory in July 1863.

The outcome of the invasion was the confiscation of more than half a million hectares.

The tribe settled its Treaty claim with the Crown in 1995, but the river was set aside for a later date.

Terms of negotiations for the river were signed before Christmas with the "Government responding to the challenge of the [tribe's] co-negotiators to get the river claim on track towards settlement", Helen Clark said.

"The Crown is seeking to achieve a settlement which will assist Waikato-Tainui to reaffirm their relationship with the Waikato River."

The announcement yesterday drew a mute response from a number of tribal members.

Tainui kaumatua Tui Adams, one of the key speakers during the arrival of the Government delegation, said members were disappointed. They had expected the announcement of some detail on negotiations.

"I could have stood a little more excitement than was delivered today. It looks like negotiations are still going a bit slowly."


FACT OR FICTION?

Helen Clark yesterday labelled the Herald's front-page story involving last-minute discussions between senior ministers and Tainui over the tribe's Waikato River claim a "work of fiction".

"I'm afraid the Herald's front page is a work of fiction," the Prime Minister told Paul Holmes on Newstalk ZB. "I'm not aware of any last-minute negotiations or conference talks last night. I think someone has got a somewhat overenlarged imagination."

FACT: Maori Affairs Minister Parekura Horomia confirmed he was involved with discussions with tribal negotiators up to around 7.15pm on Sunday.

This was confirmed by a senior ministerial adviser.

A senior Labour Party source confirmed deputy Prime Minister Michael Cullen and Treaty Negotiations Minister Mark Burton were involved in negotiations during the day.

Paul Holmes: Is it true, however, that Tainui government don't want some kind of airy-fairy nominal ownership? They want to run the river, they want to manage the river, they want to manage the river bed, they want to manage the river to control who takes the water.

Helen Clark: I don't believe any of that to be true and I state we are reasonably close to negotiations, we have made good progress but we are not ready to announce an agreement in principle today. It would be nice to complete the negotiations in the Maori Queen's 40th anniversary year but it won't be today.

FACT: No mention was made to an agreement in principle in yesterday's story.

A spokesperson for the Prime Minister's office said her comments of a work of fiction related to the reference to a conference call.