Clark rethink on Maori seabed rights

By AUDREY YOUNG political editor

The Government, under fire from its Maori MPs, is rethinking its plans to pass a law declaring the Crown's ownership of the foreshore and seabed.

Prime Minister Helen Clark is justifying the rethink on grounds of legal complexity. But it will be seen as a backdown.

Maori outrage at the Government's plans to nullify a Court of Appeal ruling has gained momentum with each day that has passed since the announcement.

Helen Clark said last night that the key objective was to maintain public access and acknowledge Maori customary rights.

"We are very outcome-focused," she said. "The Government will act to uphold rights of public access.

"The most obvious way of doing that would be legislation to assert Crown ownership, but it may not be the only way of doing it.

"The deeper we get into it, hour by hour and day by day, there are a whole range of possibilities."

Her comments were in contrast to an unequivocal announcement on Monday that the Crown's ownership rights would be clarified in the law.

That would have the effect of extinguishing any customary title Maori might have been able to prove in the Maori Land Court.

The announcement sparked a storm of protest from Maori around the country and rebellion within her own Maori caucus of nine MPs.

The move, without consultation with Maori, was in response to a Court of Appeal decision last week giving eight iwi the go-ahead to pursue a claim for customary title of the Marlborough foreshore and seabed.

Had that case been successful, it could have resulted in private title and exclusive access.

Asked if she regretted acting so swiftly to say the Crown's ownership in the foreshore and seabed would be clarified, the Prime Minister said: "I think we had to signal that this had consequences of creating private exclusive title and that runs right up against the traditional Kiwi ethos.

"We are looking for clarifying legislation but, to be frank, the area is so dense and unspecific that it is not yet clear what has to be clarified.

"I think there needs to be legislation and the legislation needs to clarify that there is no private exclusive use.

"The objective is to reconcile the ability of Maori to have their customary rights acknowledged and the ability of the public to enjoy the traditional access.

"We will now have everybody's legal brains come to bear on that."

She made the comments after refusing to confirm in Parliament that the Government would still pass legislation.

National leader Bill English said that signalled a backdown.

"Helen Clark has had a change of mind in two days of pressure from her Maori caucus."

Later he said the Opposition "can only assume that means the ground is being prepared for some kind of slippery compromise".

Helen Clark spent yesterday morning doing emergency repair work on the Crown's relationship with Maori.

She and three Maori ministers, Parekura Horomia, John Tamihere and Tariana Turia, called into the annual meeting of the Maori Council in Wellington.

Chairman Sir Graham Latimer said he and a council sub-committee had been invited to meet Mr Horomia next week.

A committee including the Maori caucus and Deputy Prime Minister Michael Cullen has been charged with designing the legislation to tackle the issue.

The Hauraki Maori Trust Board has widespread support for a nationwide hui in Paeroa on July 12.

It also plans to seek urgent hearings of the Waitangi Tribunal and its own foreshore claim in the Waikato Maori Land Court.