Maori seek rights to Eastern BOP coast

The Maori Land Court is signalling it could grant control over large tracts of the foreshore to Maori.

The move will unsettle Pakeha worried about their access to the beach, bringing the entire issue to a head in election year.

Maori groups are delighted and the Opposition is gleeful: the court's stance has the potential to unravel the finely-balanced compromise and worsen tense relations between Government and the judiciary.

Chief Judge Joe Williams has agreed to hear Whakatohea hapu arguments claiming rangatiratanga and kaitiakitanga - authority and guardianship - over a 50km stretch of picture-perfect eastern Bay of Plenty coastline.

Deputy Prime Minister and Attorney-General Michael Cullen is not commenting, but a senior Government source said he was furious at the chief judge's stance.

It is the first application under the new Foreshore and Seabed Act, and because of its important precedent value for the rest of the coastline, the chief judge is bringing in Judge Patrick Savage to consider the application with him.

Legal expert Mai Chen said: "It shows how difficult it is when two cultures clash. I can understand why this might be worrying to the Government," she said. "This matter will go all the way through to the Supreme Court - it would be difficult to argue that this isn't a matter of public importance."

Whakatohea claimant Claude Edwards, 73, said archaeologists had proven their long connection with the coastline. "I don't like the way the Government is trying to interfere with our cultural rights."

But he promised his hapu would not exclude the public from the beaches, nor shut down the big Ohiwa oyster farm further down the coast.

The hapu have to show they have continually exercised authority and guardianship over the stretch of coastline since the Treaty was signed in 1840. Hapu lawyer Tim Castle - who was also special adviser to the foreshore select committee and knows every nuance of the new law - said he expected to finalise the application next week so the court could notify the public.

He made light of Dr Cullen's anger, noting the deputy prime minister had been insisting that Maori customary rights would be protected: "That is exactly what this application is trying to do."

Chief Judge Williams' written minute this month says there is nothing in the new law to prevent Whakatohea applying for rangatiratanga and kaitiakitanga over the entire coastline. "These are activities, uses or practices which are, in my experience, generally applied to broad land and seascapes rather than particular spots."

He dismissed Crown lawyers' arguments that Whakatohea should have to specify exactly where they exercised their authority.

The judge's preliminary stance has been welcomed as a "marvellous breakthrough" by Maori Party co-leader Pita Sharples, who said that if the application succeeded then there would be a "barrage of applications" from Maori.

He did not believe the government would change the law again to stop Maori being granted authority over the nation's coastline: "I don't think they would dare, so close to an election, unless they have completely given up on the Maori seats."

But Government MP Russell Fairbrother, the Parliamentary private secretary to the attorney-general, said "rangatiratanga" and "kaitiakitanga" had no clear legal definitions. While not commenting on these proceedings, he said the court could not recognise vague and general customary rights, but had to describe them fully.

National Maori affairs spokesman Gerry Brownlee said the court's stance showed that the new law did not protect the beaches.

- Herald on Sunday