Confusion deepens on seabed

By RUTH BERRY, political reporter

The Government appears to be opening the door to some form of Maori customary title over the foreshore and seabed, amid mounting confusion over its proposals.

Attorney-General Margaret Wilson further muddied the debate yesterday when at one stage in Parliament she refused to rule out the possibility such a title could include the potential to exclude access.

National leader Bill English accused the Government of "ripping open" the entire debate again.

"Up until now the Labour statements and publications have clearly stated that access rights are not up for negotiation. Today Margaret Wilson revealed that access rights are on the table.

"That's why Labour can't be trusted. After three of the 11 hui Helen Clark's resolve has melted away."

Te Tau Ihu-led working group Te Ope Mana a Tai also raised concerns this week, saying ministers were saying different things to what was written in the Government's discussion document.

While chairman Matiu Rei said some of the comments indicated positive movement, the group said it gave "Maori the added burden of trying to keep up with a moving feast".

The group was examining whether the differences represented real shifts in thinking or just changes in language, it said.

Te Tau Ihu lawyer Grant Powell yesterday said ministers were now appearing to suggest commercial and development rights, earlier ruled out, were back on the table.

Together with indications customary title may now be an option, these appeared positive developments - but whether they were depended entirely on what teeth were attached to the rights.

Mr Powell said the Government was confusing iwi and hapu and they now did not know what to believe.

He hoped its talk was genuine, rather than just a refusal to clarify its position and risk further antagonism while consultation was on-going.

Hauraki Maori Trust Board spokesman John McEnteer said he believed the Government was sticking to its principles, but trying to work out how they applied in practice.

"They have not worked out quite how to do it."

While the Government's document never mentioned customary title, it did not rule it out.

Deputy Prime Minister Michael Cullen told the Herald several weeks ago the word "title" had been taken out because the Maori caucus believed it reflected a Pakeha way of looking at the issue.

He suggested title was essentially a name give to a collection of rights.

Ms Wilson said yesterday "precisely what is meant by a customary interest, a customary right or a customary title is currently the subject of discussion surrounding the Government's proposals". Asked to clarify the difference between customary title and freehold title she said there was "considerable academic and judicial opinion on precisely what that means in various jurisdictions".

Muddy waters

The Government's ever-changing position on the foreshore and seabed debate.

Take 1: The Government says it will pass a law declaring that it owns the foreshore and seabed.

Take 2: Under pressure from Maori Labour MPs, it changes its mind.

Take 3: A Government discussion paper says the foreshore and seabed do not belong to anyone.

Take 4: Attorney-General Margaret Wilson hints at some form of customary ownership by Maori after all.