Ngātiwai rangatira Aperahama Edwards pictured at Matapōuri Beach, Northland. Photo / NZME
By Tuwhenuaroa Natanahira – RNZ
Ngātiwai rangatira Aperahama Edwards says the Government has no authority to push through a law that would make it harder for Māori to win customary marine title to the foreshore and seabed.
Edwards, chair of the Ngātiwai Trust Board, was
The Government is forging ahead with plans to make it harder for Māori to get customary marine title (CMT), with Justice Minister Paul Goldsmith saying the changes would restore the legislation to its “original intent”.
That’s despite objections from former Attorney-General and National MP Chris Finlayson, who says the changes would not restore Parliament’s “original intent” and be “extremely harmful” to race relations in New Zealand.
Edwards was removed after calling out after a speech by Act’s Todd Stephenson, who was speaking in support of the amendments.
“What we want to make sure is that actually the intention of this house is restored,” Stephenson said, before the interjection.
Edwards has been a staunch opponent of the proposed changes and was a claimant in an urgent Waitangi Tribunal inquiry, which recommended the Crown halt all efforts to amend the law.
Speaking to RNZ, Edwards said he was in Wellington to attend a conference commemorating 50 years since the formation of the Waitangi Tribunal.
“We knew that the second reading was coming up, but we weren’t sure of the time, and while we were down there, we were alerted that it had been brought forward.
“We thought we’d shoot back. I promised myself we were just going to listen.”
He said the debate was a “brazen unmasking of the underlying drivers” behind the push to reset the test.
“There were points articulated that I don’t believe have been articulated in that fashion before, and I found that quite disturbing.
“The whole thing is just ludicrous and it’s offensive and, by and large, it’s the biggest raupatu [confiscation/theft] that Te Ao Māori have faced.”
Edwards said Ngātiwai would never accept the Government exercising an authority they do not believe they have.
“Ko wai hoki rātou? Who do they think they are?” he said.
Speaking on behalf of Goldsmith at the debate, Simon Watts said the Marine and Coastal Area Act was established in 2011 to recognise Māori rights and manage the interests of all New Zealanders.
Watts said the Supreme Court’s decision to overturn a previous ruling by the Court of Appeal – which effectively made it easier for Māori to get CMT – showed the Government was right to be concerned.
“The bill provides the necessary clarification because it goes further than the Supreme Court in crucial ways, including more tightly defining what exclusive use in occupation means, requiring the courts to base any inferences on firm physical evidence, not on cultural association alone, and placing the burden of proof more squarely on applicants,” he said.
If the amendments are made, cases that are still live before the courts or undetermined would need to meet the higher threshold set by the Government’s new legislation.
“In the Government’s view, retrospectively applying the amendment test is necessary to have as many applicants as possible decided under a test that appropriately captures Parliament’s original intent,” Watts said.
He said the Government had approved $15 million to help with rehearing costs.
Labour’s Peeni Henare blasted the Government’s approach, comparing it to the recent pay equity changes.
“Now we’re saying not only are we going to change the rules while everyone’s playing the game, but we’re going to push you all back to the start line. Why does this sound familiar to our people in the House here? That’s what they did on equity – pay equity,” Henare said.
“For anybody who’s been through the process of proving either customary title or any kaupapa through a settlement, the proof of burden rests with the iwi, rests with the hapū, rests with the whānau, rests with the claimants. I can say to this House that that proof of burden is extremely high, and it takes years and years for that evidence to be built and for that case to be brought in front of the court.”
Te Pāti Māori MP Tākuta Ferris pointed out that the reason his party was formed was in response to the controversial Foreshore and Seabed Act, which gave ownership of the coastline to the Crown – except parts privately owned.
That legislation was later replaced by the Marine and Coastal Areas (Takutai Moana) Act in 2011.
Ferris said that was just a “band-aid”.
“We get to this Government, the Luxon-led National Government, and they don’t like the band-aid that was put on in 2011. They’re ripping it off and taking everything with it.
“We’re proving a right that we didn’t have to prove, because it was there in 2004 and an arrogant Government took it away – that’s all this is, and here we are having to deal with it again,” he said.
Green MP and former Ngātiwai Trust Board chief executive Hūhana Lyndon said the Government was “tearing up” Māori Crown relations at a time the nation should be celebrating.
“We should be celebrating 50 years of the Waitangi Tribunal, Oriini Kaipara coming into the House ... but instead we’re here fighting against a legislation that is the biggest raupatu against iwi Māori in the history of Aotearoa, because this is an uncaring Government.”
“This Government cares more about the property rights of Pākehā than the Māori. Why can’t Māori have property rights?” she asked.
The debate is set to resume at Parliament’s next sitting day.
In August, Goldsmith indicated to RNZ he wanted the law change to pass before October.