Policy set to exclude ownership

By RUTH BERRY

The Government will not recognise any iwi or hapu ownership interests in the foreshore and seabed, under its policy to be unveiled next week.

Te Ope Mana a Tai, a group of iwi representatives, which has been meeting Deputy Prime Minister Michael Cullen, says it is "extremely disappointed" with his plans to tackle the issue.

As already stated, the Government will take away the Maori Land Court's jurisdiction to award a freehold title to foreshore and seabed.

But iwi hoped for the creation of titles that protected public access and prevented the sale of foreshore and seabed, yet recognised ownership rights and interests.

This could include the right to determine who uses the coastal area and for what, and commercial development rights.

Instead, only customary use rights are set to be acknowledged if the land court determines a "mana whenua" title should be granted.

Te Ope Mana a Tai chairman Matiu Rei said the proposal amounted to "nothing less than a 21st-century confiscation".

The Government was telling iwi and hapu they stood to lose little, because there would have been few pieces of coast where a private title would have been granted by the court.

"But we don't believe that is accurate at all," Mr Rei said.

"The Crown has obligations to protect the property rights held by hapu andiwi."

The group believes many of the customary use right protections in the policy go no further than the statutory acknowledgments provided for in Treaty settlements.

Those acknowledgments give iwi and hapu more weight - but no veto rights - when resource management applications are made.

Sources say the only veto right that might be attached to a title could be over actions which prevent a customary activity - such as taking hangi stone.

Sources also say the Government, which will sign off the policy next Monday, may drop the "public domain" concept, vesting the foreshore and seabed "in the people" instead.

Exempt are the pieces of foreshore already in public ownership.