KEY POINTS:
National is giving serious consideration to supporting the Maori Party's bill to repeal the Foreshore and Seabed Act.
Leader John Key discussed the bill over dinner with the Maori Party co-leaders this week during what he said was a "very cordial meeting".
"Clearly they would like the National
Party to support the bill. We have made it clear our caucus hasn't had an opportunity to discuss that yet and it will be put on the agenda in the relatively near future."
The controversial law abolished Maori rights to lay claims to the foreshore and seabed in exchange for limited rights to negotiate compensation with the Government.
National voted against the act and sources have said it is more likely than not that the party will support the Maori Party's proposal, although there are mixed views within the caucus.
The issue has several sticking points between the two parties, which National would try to settle with the Maori Party.
Alternatively, it could support the bill to select committee stage but spell out the aspects of the bill it would not support beyond that.
Mr Key said the party was giving it serious consideration.
The Maori Party says its bill is a straight repeal of the act, returning to the status quo that existed after the Court of Appeal Ngati Apa ruling.
This would enable groups to seek a customary or freehold title from the Maori Land Court - an avenue cut off by the 2004 act.
Groups could also pursue aboriginal title claims in the High Court.
They can take the latter path now and if the court finds a territorial - or ownership - right exists, it directs the claimants to the Government to negotiate redress.
Both National and Labour claim the bill vests all foreshore and seabed back in the Crown - but the Maori Party disagrees, claiming the provision relates only to land that had previously been vested in harbour boards and local authorities, including reclaimed land.
Several lawyers spoken to yesterday said the bill was badly drafted and the legal position was unclear.
Labour lawyer Russell Fairbrother, who chaired the foreshore select committee hearings, said he believed the bill was a straight repeal, but vested all foreshore and seabed in the Crown subject to aboriginal title - which he said was the legal position before the act. The act explicitly ruled out the possibility of aboriginal title claims.
Deputy Prime Minister Michael Cullen said it would be a serious flip-flop if National supported the bill.
"It's all a desperate attempt to woo the Maori Party which is unlikely to find favour with the wider party. The bill as drafted would create considerable legal uncertainty over public access and the application of the Resource Management Act again."
He said it was "unbelievably hypocritical in the light of National's billboard campaign before last year's election which attempted to frighten Pakeha into believing Labour had handed over ownership and control of the foreshore and seabed to Maori".
