Maori fire new shot on seabed

By RUTH BERRY

The Government will today unveil its plans for the foreshore and seabed as Maori warn they have significant commercial interests in the coastal marine area which must be addressed.

The warning, included in an iwi discussion document released yesterday, is likely to get a cool reception from the Government as it reveals its plans after weeks of uncertainty.

The Government has been under intense pressure since the issue erupted in late June.

It responded swiftly by promising to assert Crown ownership of the foreshore and seabed, incurring the immediate wrath of iwi and hapu.

Although the Government will not assert Crown ownership in its announcement today, a Herald-DigiPoll found an overwhelming majority of 60 per cent of New Zealanders believe it should declare the foreshore and seabed public property.

The Government will instead claim a type of guardianship role, which it will exercise to protect public access and customary rights to the foreshore and seabed.

But it is such a tricky issue it has been held over to a week Parliament is not sitting, denying Opposition parties a ready-made platform to hammer away.

Its mid-afternoon announcement will be presented by Prime Minister Helen Clark, Deputy Prime Minister Michael Cullen and Maori Affairs Minister Parekura Horomia.

Helen Clark has promised a "win-win" situation and yesterday urged people to "take a deep breath and read right through" when the discussion document is released.

A Court of Appeal judgment, which triggered the issue, said the prospect of having customary land claims to foreshore and seabed upheld "was actually quite remote", she said.

Many iwi and hapu first said that confirmation of Maori customary title was fundamental to resolving the debate.

But the Te Tau Ihu-led steering group, Te Ope Mana a Tai, which developed yesterday's discussion document, questioned whether this approach would appropriately recognise customary rights.

An alternative "could be to seek legislative recognition of the rights themselves" and to include customary rights in all laws and policy that affect the coast.

This approach, unofficially backed by the Waitangi Fisheries Commission, would avoid a head-to-head stoush with the Government over "ownership".

Under this plan, the battleground would shift to the definition of customary rights and how they could be given teeth through legislative changes.

The group hopes iwi and hapu will consider its proposals before a national hui in Blenheim on August 30, where an attempt to reach tribal consensus will be made.

But the iwi document makes it clear the group believes the Government's attempt to narrow the debate down to issues raised in the Appeal Court ruling has seen it ignore key issues.

It stresses that customary rights include commercial rights to engage in marine farming and to develop a range of marine-based resources such as petroleum, and that this recognition is fundamental to resolving the foreshore and seabed debate.

The Government plans to avoid talk today of the financial rights and interests iwi and hapu have long claimed are part of their bundle of customary rights in the coastal marine area.

Although it does not disagree that some such rights may exist, it is determined to separate them from the foreshore and seabed issue.

The group wants the Government to review all existing and proposed legislation involving the marine environment as part of the resolution of the customary rights issue.

But the Government has already deferred discussions on marine reserve legislation.

Te Tau Ihu went to the Court of Appeal because it believed the Marlborough District Council had shut iwi out of the marine farming industry in the region.

The Government will make announcements on its proposed aquaculture legislation soon.

National's Maori Affairs spokeswoman, Georgina te Heuheu, urged Maori "to be calm and give themselves time to read the document".

"If commercial interests are not included in it, of course they won't be happy.

But we're all New Zealanders and together we'll find a way to get through this.