Maori MPs could revolt over government foreshore plan

By RUTH BERRY

The Government's plans to declare the foreshore and seabed off limits to private ownership yesterday sparked talk of revolt among some Maori MPs.

Prime Minister Helen Clark confirmed the Government proposed to introduce legislation stating there will be no more private ownership of foreshore and seabed.

"The foreshore and seabed should be public domain, with open access and use for all New Zealanders", the Government's discussion document said.

The Government would take responsibility for regulating the use of the foreshore and seabed "on behalf of all New Zealanders".

It also promised to protect Maori customary rights in the foreshore and seabed, by setting up a new jurisdiction in the Maori Land Court to investigate the issue.

Maori will still be able to go the Maori Land Court under the plans, which are now subject to a six week consultation period, but the court will not be able to award groups freehold title.

The Government acknowledged that the court may find, in one or two cases, that claimants' rights were so strong they would have been entitled to a freehold title, had the legislation not been introduced.

Deputy Prime Minister Michael Cullen said the Government was prepared to negotiate with groups in those cases, but refused to say what, including compensation, would be on the table.

In most cases it will only be able to find that Maori have customary rights or interests in the foreshore and seabed - and only if they have proved continuous use, a qualification likely to rule out a number of iwi claims.

The long-awaited announcement of perhaps the most difficult issue faced by Labour during its four years in office was billed as a "win-win' solution, but was soon widely condemned.

National leader Bill English accused the Government of being weak-kneed, saying by sidestepping the crucial ownership issue "New Zealanders now face more uncertainty than ever".

A number of iwi leaders gathered at Parliament expressed deep frustration Maori had been stripped of their right to seek ownership of the foreshore and seabed through the Maori Land Court - a right the Court of Appeal said they should be entitled to pursue.

Hauraki spokesman John McEnteer said "Maori are the only losers from today's announcement.

The Government is about taking away our access rights to the law.

They are still saying the Crown, in the public interest, owns the foreshore and seabed and Maori do not.

" Te Arawa Maori Trust Board chairman Arapeta Tahana said the Government was "trying to be responsive" but had unfortunately gone "too far".

The Government had stated it wanted to regulate the management of the foreshore and seabed, whereas iwi wanted a management input - a key issue they wanted the Maori Land Court to explore.

Helen Clark defended the plans saying "You can't please everybody".

Critics were those representing "the extremes of the debate".

"What we have done is appeal to the vast middle ground of New Zealand, Maori and Pakeha.

What most Kiwis want to know is that they can go down to the beach unimpeded.

" That had been achieved, she said.

But the Government's Maori caucus appears split over that issue.

While Maori Affairs Minister Parekura Horomia and Associate Maori Affairs Minister John Tamihere support the Government's plans, others are hinting their colleagues have gone too far.

Associate Maori Affairs Minister Tariana Turia said iwi leaders briefed by the Maori caucus yesterday before the announcement made it clear they would not compromise over the issue of ownership.

The Government's Maori MPs would "not be prepared to compromise our people's position."

"We're not saying we're walking out of here, but what we are saying is is that it's clearly an extremely defining issue.

" While the Government has promised to protect customary rights however, its document yesterday said there was "no definitive answer" to questions about what those rights entail.

Iwi and hapu also have different views on this with some yesterday saying customary rights were inseparable from ownership, while others highlighted their interest in the commercial development rights they say flow from customary rights.

Waitangi Fisheries Commission chairman Shane Jones said Maori had been taught a lesson in realpolitik.

"The Kiwis were always going to beat the iwis" when it came to access, he said.

But Ngati Whatua environmental and heritage adviser William Kapea said that too many Maori had lost sight of the fact that nobody owned the seabed or foreshore in the teachings of their ancestors.

"There is no such thing as ownership _ they are guardians, and the Government is saying the same thing.

" Mr Kapea welcomed the Government's intention both to clarify legislation to ensure the foreshore and seabed were not subject to private ownership rights, and to recognise and protect Maori customary rights.

"You can't ask for more than that if we are all to be one country," he said.