Government refloats idea of dual seabed title

By RUTH BERRY political reporter

The Government is floating the use of the word "ownership" in the foreshore and seabed debate again as it revisits the idea of dual titles on pieces of coast where whanau and hapu can prove strong customary use rights.

Attorney-General Margaret Wilson raised the contentious "ownership" word again at a consultation hui in Wellington yesterday, where a range of alternative proposals to the Government's were mooted, suggesting it may now re-enter the discussion.

She did not say whether she was talking Government or Maori ownership in terms of the foreshore and seabed, but stressed that if used it would be to signify a guardianship-type role, designed to protect on-going public access.

"If we were to use the notion of ownership in this discussion, from the Government's perspective it would be a form of ownership that was a form of trust, of guardianship, of keeping for all the people of New Zealand ... access to their foreshore and seabed." Margaret Wilson suggested dual titles were possible when the debate first erupted, but the Government moved away from talk of a formal title, saying its Maori MPs believed it was a Pakeha concept.

It then adopted the public domain idea, which avoided reference to ownership.

But calls for the recognition of "tupuna (ancestral) title" have been made at several of the consultation hui and Associate Maori Affairs Minister John Tamihere signalled support for it this week.

Such a title might be akin to what has been called a customary title, recognising significant ongoing Maori interests in bays but stopping short of vesting freehold ownership, which would allow them to be sold.

Mr Tamihere said "concepts such as tupuna title and co-management, guided by principles of kaitiakitanga [guardianship]" seemed to be heading in a much more constructive direction.

"The net result of Maori asserting and obtaining tupuna title is that the Crown, under the treaty, can assert ownership by way of Crown title.

That's the flipside. That's how the partnership works," he said.

Under such an arrangement the Crown might assert a type of "radical title" or underlying title giving it rights over residual or non-customary interests, instead of declaring it public domain, he said.

Public access would still be guaranteed under this proposal.

Under law the Maori Land Court now has the ability to determine land ( now including foreshore and seabed) is customary Maori land, which has no formal title over it.

It then creates a freehold title, vesting ownership in certain people.

The initial Court of Appeal ruling questioned whether the land court could recognise customary land - also called customary title - without going on to award a freehold title.

It is variations of this option that the Government is now exploring.

A spokeswoman for Margaret Wilson said yesterday concepts such as tupuna title were among several being considered. No decisions had yet been made by the Government.

Margaret Wilson initially announced the Crown would assert ownership over the foreshore and seabed, but the Government immediately backed away from using the word, saying it was divisive.

It was accused of a backdown by several Opposition parties, which say it should assert ownership.

Mr English said yesterday it was impossible to get a grip on where the Government was coming from.

Te Ope Mana a Tai chairman Matiu Rei told ministers at the Wellington hui there were significant gaps in the information the Government was providing, which was making it difficult to respond constructively to its proposals.

Morrie Love, speaking for several Wellington-based iwi, said existing customary title could remain in place without the need for legislation.

Clarification of title through the land court was only necessary if a party other than its holders sought to restrict public access to establish, for example, a marine farm.


Foreshore debate

* The Court of Appeal has ruled that eight South Island iwi can pursue claims to customary and freehold title to the foreshore and seabed in the Maori Land Court.

*The Government says it will legislate to assert ownership, but promises to protect customary rights.

* Maori widely condemn the plan and accuse the Government of another land grab.