Foreshore legislation unveiled

3.00pm

The seabed and foreshore would be held in perpetuity by the people of New Zealand with the Crown responsible for regulating its use, Prime Minister Helen Clark said today.

Helen Clark said the Government was recognising the special status of Maori as the indigenous people by ensuring customary rights of Maori were accommodated.

The Government's seabed and foreshore plan, unveiled today, allows for "specific use rights" for Maori.

A new customary title will be established which the Maori Land Court will be able to issue to those with mana and ancestral connections to the foreshore and seabed.

Associate Courts Minister Margaret Wilson said this customary title would sit alongside the "people of New Zealand title" and would not in itself affect public access.

The Te Ture Whenua Maori Act would be amended to provide a new statutory framework for dealing with foreshore and seabed applications so the Maori Land Court could recognise customary titles and associated rights, Ms Wilson said.

A statutory commission -- of five to seven commissioners -- would receive applications from whanau, hapu and iwi who wanted to have a customary title, she said.

The commissioners would move around New Zealand holding regional inquiries to establish which groups held mana where, a process that was expected to take two years.

The commission would then make recommendations to the Maori Land Court.

The court would hold a hearing if there was an objection to an application for a customary title.

More than one group would be able to hold title in a particular area.

Iwi, hapu and whanau would be able to apply to the court to have specific customary rights recorded on the title.

The criteria the court would use to decide whether specific rights should be registered would incorporate tikanga Maori and common law customary rights tests.

Ms Wilson said the statutory criteria needed further work and officials would report to the Government on this in the new year.

The Ministry of Justice would report by the end of February on resourcing the Maori Land Court for the work.

Ms Wilson said holders of customary titles would have "enhanced" opportunities to participate in the management of coastal marine areas.

Maori Affairs Minister Parekura Horomia said 16 regional working groups -- made up of Maori, local body and government representatives -- would be established to work out the mechanics of delivering on these enhanced opportunities.

Mr Horomia said the Department of Prime Minister and Cabinet was developing a range of options to promote Maori participation. These could include devolved management, membership on hearing committees and the establishment of an iwi or hapu committee.

Helen Clark said the proposal set out a new framework that integrates all rights and interests in the seabed and foreshore, within the existing systems for regulating activity in those areas.

"It is a sophisticated proposal which I believe will enable us to maintain our relative harmony as a nation and so people need to read it carefully before they rush to make judgement on it."

She said the proposal would form the basis for legislation next year so further discussion would be held on this in coming weeks.

Associate Maori Affairs Minister John Tamihere said the announcement recognised, rather than extinguished, Maori rights.

The Government earlier ruled out allowing fee simple title to the seabed and foreshore.

"I support absolutely that there should be no notion of freehold or fee simple title to the seabed and foreshore. These rights are too important to be treated as a tradeable commodity in this way," Mr Tamihere said.

"The Government's position will not please those who claim preferred treatment for Maori, or those who allege that Maori own the seabed and foreshore outright. This is a finely balanced system of rights that moves us forward positively," he said.

His whanau held customary rights over foreshore in the Coromandel, he said.

"The rights handed down to me by my father are now protected under a customary rights regime that he would be proud of," Mr Tamihere said.

A defiant Associate Maori Affairs Minister Tariana Turia earlier this week gave an unauthorised speech in which she said Maori would never give up ownership, management or customary rights to the coast and sea.

Helen Clark said earlier this week she believed the only people who would be disappointed with the Government's proposals were those who believed Maori had sovereign control of the coast and sea.

The issue arose when the Court of Appeal ruled that ownership of the seabed and foreshore was unclear.

The court also said as a result the Maori Land Court could hear claims to customary title and it was possible in limited circumstances that a private ownership title could be issued.

Government proposals on the foreshore

- NZPA