Govt offers customary title, not ownership

Photo / Brett Phibbs

Some coastal iwi will be able to have customary title in the seabed and foreshore recognised under new Government proposals, giving them powers to veto new developments and conservation proposals such as marine reserves if they object to them on a "Maori world view".

The Government yesterday released its proposals for a replacement for the controversial Foreshore and Seabed Act, which put ownership in the Crown and extinguished any customary title.

Under the proposals there would be no owner of the foreshore and seabed, although the Crown would retain the role of managing resources such as granting coastal permits.

However, hapu could either negotiate with the Government or go to court to test claims for customary title - a form of title based on long-standing use of an area which falls short of freehold but gives hapu some of the rights of private landowners.

Prime Minister John Key said the test for such title would be high. It was not realistic to expect everyone to agree but it was critical to find a solution which pleased most New Zealanders.

"If we retain the status quo ... future Governments will end up dealing with it in the same way I am currently dealing with Treaty settlements that come from the 1870s and 1880s."

The Iwi Leaders Forum yesterday issued a paper to hapu, saying that while the proposal had some virtues, it did not go far enough and needed to provide stronger property rights and protections. It said the burden was unfairly on iwi to prove the necessary rights existed and the proposal did not cover commercial aspects - such as a hapu's right to development and to share in benefits of commercial developments over areas where iwi had rights.

Maori Party co-leader Tariana Turia said the proposals addressed some areas of concern - a repeal of the 2004 law, access to the courts for Maori and property rights. The proposals fall short of Maori Party MP Hone Harawira's wish for Maori to be given full ownership, which would be inalienable and with public access guaranteed. Mrs Turia would not be drawn on her own preferences for the replacement, saying it was up to hapu to have their say first.

Under the Government's proposal, there will no longer be a requirement to show a hapu has owned the land bordering the area of the foreshore since before 1840 - a hurdle few could meet.

The Government and Maori Party ministers will consult on the proposals over the next month at 13 public meetings around the country and will take submissions until the end of April.

Mr Finlayson expects to take final proposals to the Cabinet by the beginning of June and Mr Key wants the changes introduced by the end of the year.

The Government agreed to the review as part of its deal with the Maori Party.