Government signals slowdown on seabed hearings

By RUTH BERRY, political reporter

The Government will make an application to the Maori Land Court to prevent it hearing foreshore and seabed cases until its policy is resolved, a signal its plans to introduce legislation by Christmas may be abandoned.

But its foreshore and seabed plans remain guided by the principles set out in its discussion document, it said yesterday.

The Government was supposed to provide the Waitangi Tribunal with its confirmed policy on the issue yesterday, ahead of a judicial conference on Monday called to decide whether a scheduled urgent hearing in early November would proceed.

The Government had supported the application for an urgent hearing, which will determine whether its policy constitutes a modern-day treaty breach.

But in its memorandum filed yesterday, the Government said it wanted longer to consider public submissions on the issue.

"On balance ... it is preferable for Government to further engage with the issues and with interested parties before finalising its position."

"The Crown can also advise that although there is more work to be done, the Crown's thinking remains guided by the broad principles set out in the August 2003 consultation document."

The Government did not say when it would be in a position to file its revised policy, but said it proposed making an application to the land court to "stay/adjourn the many applications for determination of Maori claims to foreshore and seabed".

"This is in order to secure a period of time which will be necessary to enable further deliberation on, and discussion of, foreshore and seabed issues."

A spokeswoman for Acting Prime Minister Michael Cullen could not say whether this meant the Government had abandoned its plans to introduce legislation preventing the Maori Land Court issuing a freehold title to foreshore and seabed by Christmas.

But she appeared to hint at it, saying: "It does remove a big-time pressure."

The Government wanted that legislation introduced quickly in case the court moved to grant a title. But it may have decided it is better to present the legislation as part of a package, which offers hapu and iwi some "positives" at the same time as extinguishing their right to claim a freehold title.

Due to an editing error, the Herald had reported that the Government's finalised policy would be issued yesterday.