Extra powers would invite flood of claims: National

By HELEN TUNNAH

National says giving new powers to the Maori Land Court to rule on customary rights to the foreshore and seabed risks creating a new flood of claims for use for Maori.

"It could now be described as the Waitangi Tribunal with teeth," leader Bill English said.

National and Act said yesterday that the only winners from a plan to strengthen the Maori Land Court would be Treaty of Waitangi lawyers.

The Government's plans for the seabed and foreshore say Maori will not be able to exclude others from the areas, but one of two proposals also spells out boosting the powers of the Maori Land Court to recognise Maori customary use and interests.

If those interests were so strong that they effectively amounted to full title, which cannot now be granted, there would need to be talks between the Government and claimant to reach a settlement.

Deputy Prime Minister Michael Cullen said such a strong customary interest would be difficult to prove, and he would not speculate on whether any settlements might involve compensation.

The proposal says: "If the Court does find, in some cases, that there was a customary interest that it cannot give full recognition to - because the right amounted to something close to full title - the Government will talk to the claimants about what steps might need to be taken to acknowledge the customary interest.

"In short, the Government will deal with the issue in direct discussion with those concerned, when or if it arises."

However, Mr English said that left the entire issue in limbo.

"No one knows what that means," he said.

"We shouldn't underestimate the implications of the Maori Land Court now being allowed to adjudicate on rights on the foreshore and seabed.

"It will get to recognise those rights, and those rights will have to be recognised by others."

He said that although a right of "title" would be hard to prove, it would not be as difficult to establish a right of use or an interest that had to be recognised.

Mr English, who will hold public meetings on the seabed and foreshore today, said there would be a rush of claims because Maori had been given the go-ahead to assert a customary interest in the coastline.

"Rather than ending the confusion, the Government is moving to create a new industry around indigenous title."

Mr English said the Government had "sidestepped" the issue of who owned the foreshore and seabed.

"The Government is essentially saying that ownership doesn't matter."

National has previously pledged to pass a law asserting Crown ownership of the seabed and foreshore if it becomes government.

Other reaction Act: Leader Richard Prebble described the proposals as "gobbledygook". "As a lawyer I can say it is absurd for the Government to attempt to get out of the foreshore and seabed issue by claiming that no one owns it. Yes, they do. What is not clear is whether the owner is going to be Crown or Maori."

Green Party:

Maori Affairs spokeswoman Metiria Turei said the six-week timeframe for consultation was too short.

"The speed of this process suggests that the consultation will be a sham and that the Government's mind is made up."

New Zealand First: Leader Winston Peters said that by not legislating for Crown ownership the Government had created a sore that would fester.

"In trying to appease conflicting and competing interests, the Government has pleased no one. The position just announced is not Crown ownership, as she [Helen Clark] promised, and brings with it all the risks of political manipulation."

United Future: The Government's ally, United Future, said the Government needed to take bold steps to tackle the definitions of customary usage and customary title.

Leader Peter Dunne said it was disappointing the Government had not been bold enough to assert Crown ownership.

Progressive Coalition, Labour coalition partner: Leader Jim Anderton was not available.