Easter mix, sun surf and rights

Unease and indignation were the reactions of some Easter holidaymakers yesterday at the news that a small Opotiki iwi is claiming customary rights over a 50km stretch of Eastern Bay of Plenty foreshore.

Even though claimants have given assurances that their Whakatohea iwi has no plans to limit access, not everyone using the beautiful beaches between Ohope and Whakatane for their last long pre-winter break was reassured.

Without exception, those with strong views were adamant they did not wish to be identified.

Drying off after a surf a couple in their 30s with a holiday home at Ohope Beach said there would be "civil war" if access was lost.

"It would be a nightmare," said the woman who, with her husband, came often to fish, surf and enjoy the beach.

"Some people here have paid over $1 million for their properties."

Her husband added: "They [the iwi] will not get it [control]. I think we should just have a big shoot-out."

Others were more restrained and tactful but still refused to give their names.

A 44-year-old regional council worker who rents a house at Ohope Beach said he would hate to have his rights to fish, swim and surf taken away.

"When you are born somewhere you feel you have that right. We are all New Zealanders," he said.

Preparing to launch his boat at Ohiwa Harbour, a middle-aged professional man said he did not believe anyone owned the seabed and foreshore.

"It's from creation. You can't have one race taking it [control] over another."

His ancestry went back six generations in New Zealand and one of the reasons he had lived at Whakatane for seven years was for access to the coast.

"There is absolutely nothing to worry about," said the lawyer for Whakatohea, Tim Castle.

"In the end people need to count to 10 and take a deep breath. The least they have to worry about is this [claim]."

Adriana Edwards who, with her father Claude Edwards, is among the 18 claimants for rangatiratanga and kaitiakitanga (authority and guardianship) over the tract of coastline from Te Horo near Whakatane to Te Rangi near Torere, said she knew of no iwi plans to change anything for other New Zealanders.

The claim before the Maori Land Court was to test the new Foreshore and Seabed Act and secure recognition of Whakatohea's customary rights.

"Talking about kaitiakitanga is talking about the collective working for the good of the people, respecting each other as well as respecting the environment, the land, the sea and everything in it," she said.

"That includes all cultures, not just ourselves as Maori - and we want that to continue.

Ms Edwards said the claimants were confident the "court processes" would be allowed to be followed.

Bay of Plenty claim Q&A

What has the Maori Land Court allowed?

The Maori Land Court has agreed to hear a claim lodged by Opotiki-based iwi Whakatohea, involving customary rights in the nature of rangatiratanga and kaitiakitanga (authority and guardianship) over about 50km of the Eastern Bay of Plenty coastline.

The court has allowed the claim to proceed, but has asked Whakatohea to provide greater detail on activity and practices before a hearing date can be set.

What is a customary right?

A customary right for the purposes of the Foreshore and Seabed Act is a traditional activity associated with an area practised continuously since 1840.

An example could be an area of coastline traditionally used to launch waka.

Who can apply for customary rights?

All New Zealanders. Whanau, hapu or iwi apply to the Maori Land Court, all other New Zealanders apply to the High Court.

What does it allow?

A customary rights order protects customary practices.

It also allows groups to seek compensation if prevented from pursuing a customary right, and to obtain commercial benefit from the customary activities.

Will rights bar access to public beaches?

No. Public access and navigation rights are guaranteed under the act.

Is the gathering of seafood and fishing considered a customary right?

For the purposes of this legislation, no. Maori fishing interests are covered by separate legislation.

Can acknowledgement of customary right restrict existing activities relating to the foreshore and seabed?

No, but when a resource consent expires, a local authority will not be able to grant a new one if it considers the activity has a significant adverse effect on a recognised customary activity. This can be waived by the customary right holder.

Can multiple claims for customary right be applied for in the same area?

Yes, as iwi, hapu and whanau boundaries at times cross multiple customary right, claims can be lodged for the same area.

What are some of the restrictions on customary rights applications?

A customary rights order must not be made in respect of an activity, use or practice on the basis of a spiritual or cultural association unless that association is manifested by the relevant whanau, hapu, or iwi in a physical activity or use related to a natural or physical resource.