Labour rethinking policy on giving iwi beach title

Photo / Paul Estcourt

Opposition leader Phil Goff has indicated Labour is backing away from its stance of allowing customary title of the foreshore and seabed to be awarded to iwi that meet the criteria involved.

Labour's submission to the review of the Foreshore and Seabed Act earlier this year recommended the legislation be amended to allow customary title, rather than simple redress and protection of customary rights.

The Government is planning to repeal the act and although Labour has never favoured repeal, it initially proposed some amendments and said it would work constructively with the Government on the issue.

But in a speech on race relations last week, Mr Goff appeared to resile from that position, claiming the law was working well and repealing the act appeared to be a "cynical move" to create the perception of change.

Asked to clarify whether that meant its position on customary title had changed, Mr Goff told the Herald he remained open to considering it but would first have to be convinced it was necessary. He said Ngati Porou - which has an agreement under the act waiting for final sign-off - felt their needs were satisfactorily reached under the existing legislation.

"It is an option we'd look at but customary rights seem to have been satisfactorily resolved if you take the Ngati Porou agreement as being an indicator.

"If Ngati Porou is satisfied, why wouldn't a whole range of iwi be able to sit down, negotiate with the Crown and get an agreement that satisfies them? We need to have it demonstrated that the current formulation of the act doesn't essentially achieve what people might want - to balance guaranteed access and respect for customary rights."

Mr Goff said he remained happy to work with the Government but was cynical about its intent following its "shabby deal" with the Maori Party on the Emissions Trading Scheme.

He said the Government was relitigating it for political purposes.

"It is designed to do only one thing - be political and say, 'Look, Labour got it wrong, we're throwing their legislation out', when actually they may be replacing it with something that does exactly the same."

The Government was initially expected to report back in August on a review panel's recommendations but remains in talks with the Maori Party and iwi over it.

Prime Minister John Key said Mr Goff's criticisms and the hit to race relations following Hone Harawira's infamous email would not affect the Government's determination to resolve the issue.

"Labour seem to have indicated that they are not interested in being part of that process ... but it won't stop the Government progressing what we believe is a far superior solution to the foreshore and seabed."

Labour's submission to the foreshore and seabed review panel proposed restoring the ability to apply for customary title.

It should not be able to be converted into freehold title or sold, Labour said, and thought was needed on what powers it would bestow.

Present legislation vests all ownership in the Crown and provides for hapu or iwi who would otherwise have customary title to instead negotiate for redress and customary rights packages.

Attorney-General Chris Finlayson said Mr Goff's position kept changing, and his thinking appeared to be muddled.

He said other members of Labour had undertaken to work constructively with the Government "and we look forward to engaging with them".

FORESHORE AND SEABED

CURRENT LAW
* Vests full legal and beneficial ownership of public foreshore and seabed in Crown.
* Effectively extinguishes any customary title. Iwi which would otherwise have it negotiate with the Crown for redress or for guardianship rights over the area.

LABOUR'S SUBMISSION, BY DR MICHAEL CULLEN, TO 2009 REVIEW OF THE ACT
* Restore the ability to apply for an award of customary title for those iwi who met the high test. Areas held under customary title must not be converted into freehold title or able to be sold off and public access should be protected.
* Further thought needed on what powers possession of customary title would involve. Use the current act as a starting point.

LABOUR LEADER PHIL GOFF, DECEMBER 2009

"[Customary title] is an option we'd look at but customary rights seem to have been satisfactorily resolved if you take the Ngati Porou agreement as being an indicator. It's a strong tribe that feel their needs have been satisfactorily reached under the existing legislation."