NZ First forces change to seabed bill's terms

By RUTH BERRY

New Zealand First has flexed its muscle to get the Government to dump plans to adopt a Maori Land Court bid that would have recognised foreshore and seabed customary rights transferred after 1840.

And debate over the pros and cons of using certain words - which has come to characterise negotiations over the bill - has seen the two parties settle on the terms "foreshore and seabed reserve" to describe the redress model, which will be outlined when the final shape of the bill is presented today.

It will come in the form of a large supplementary order paper which will be debated in the House under urgency until it is passed this week.

NZ First has ensured the Government has the votes to pass the controversial legislation, but its support has forced the Government to make compromises.

One has involved the "1840 rule". The Government initially proposed that customary [usage] rights orders made by the Maori Land Court be restricted to practices exercised in a "substantially uninterrupted manner" since 1840.

That is the date the Treaty of Waitangi was signed and the date the English common law - which protects those rights and on which the bill is based - can be said to apply from.

Courts interpreting similar aboriginal title claims in overseas jurisdictions have typically used the date of Crown sovereignty as a benchmark.

But a Maori Land Court submission to the foreshore select committee argued the rule was too rigid and might inadvertently exclude valid claims.

It said in the 19th century the Native Land Court had made a number of title awards to coastal blocks where the land had been transferred by tikanga Maori to another individual or group after 1840.

"That is the court found that customary title existed on coastal blocks, where the source of that title was a post-1840 transfer."

The introduced bill would not allow for such transfers and the 1840 rule should either be removed or an exception for transfers should be made, the submission said.

Briefing papers recently released by the Department of the Prime Minister and Cabinet reveal that the Government planned to change the bill to allow for the recommended exception for transferred customary rights.

But NZ First spokesman Dail Jones confirmed yesterday the party had successfully opposed the change.

"The judges in the Maori Land Court said there should be flexibility in 1840. Well we don't agree with that. It's 1840 full-stop. That is not in the bill anymore."

He was critical of the court's judges for making the submission.

NZ First also played a role in determining the "foreshore and seabed reserves" wording, rejecting proposals for reservations or "takutaimoana reserves".

Prime Minister Helen Clark meanwhile rejected suggestions the legislation was being rushed yesterday, saying "after 19 months it doesn't feel rushed to me".

Ngati Porou and Te Whanau a Apanui met with Dr Cullen yesterday to discuss their position as a consequence of the bill being passed.

The Two East Coast tribes had hoped to resolve a deal beforehand, but have run out of time.

The bill will provide for whanau, hapu or iwi with strong ownership claims - such as those two groups - to enter direct negotiations with the Government, instead of going to court in pursuit of the right to establish a "reserve".