‘…Since the election, secret talks and deals over the foreshore and seabed have been on-going between National and Maori. Mike Butler, in his Breaking Views blog Who’s Pandering to Whom describes the whole disgraceful process asking, “Who represented the non-iwi sector in Monday’s foreshore-seabed negotiation? (Notice that I wrote “non-iwi”, because this includes the bulk of the Maori population.) Prime Minister John Key was there, of course, with Attorney General Chris Finlayson, who has spent a significant part of his stellar career suing the government on behalf of Ngai Tahu. The Maori Party was there, of course, representing two percent of the party vote. The meeting included Mark Solomon, who is head of the Iwi Leadership Group and represents Ngai Tahu, the tribe that under the agreement could claim virtually the entire South Island foreshore and seabed.”
Who represents the majority of New Zealanders is indeed a very good question. We should have a champion representing us who is not afraid of limiting the influence of a politically powerful minority pressure group, by weighing up their demands against the costs to society as a whole. This role is probably meant to be that of the Attorney General. But how on earth can Chris Finlayson represent non-Maori when he is clearly promoting and representing Maori? The conflicts of interest are surely undeniable…’ source
UPDATE: “In addition, under the proposed law, Iwi will have the right to declare or extend marine reserves, marine mammal sanctuaries, and conservation protected area. They will be given the power to regulate concessions including marine mammal watching, as well as regulate, develop, and veto other business activities. In addition Maori coastal plans will be able to over-ride those of elected local authorities and government agencies.” Muriel Newman
Coastal Coalition
Committed to retaining the Foreshore and Seabed in Crown ownership
www.CoastalCoalition.co.nz
Nationwide Media Release
7 September 2010
Foreshore & Seabed Bill a Sell-out to Corporate Iwi
“National’s new bill to repeal the 2004 Foreshore and Seabed Act is a sell-out to corporate iwi and the Maori Party”, Dr Hugh Barr, spokesman for Coastal Coalition said today. The Coastal Coalition represents thousands of New Zealanders who want the foreshore and seabed retained in Crown ownership for the benefit of all.
“By defining tribal customary title in the broadest possible way, National has substantially lowered the bar for those seeking customary title.
“Under clause 105 (2) of the new bill, National has just assumed that customary title exists by stating ‘It is presumed, in the absence of proof to the contrary, that a customary interest has not been extinguished’. This is even though no claims for customary title were ever submitted to the Waitangi Tribunal as part of the Treaty claims process, because Maori, along with everyone else, believed the foreshore and seabed was owned by the Crown.
“It must be a great relief to iwi to have the new bill assume customary title exists as it means they don’t have to try to prove their fires of occupation, ahi kaa, burned on the seabed, or that they lived underwater on the area, or indeed that they have a right to an area that stretches out to twelve nautical miles offshore, when the territorial sea only extended three nautical miles in 1840!
“Another astounding concession in the new bill is that tribes don’t even need to own land down to the water’s edge to claim title, which is a requirement under the current law. The definition of land at the water’s edge has also been changed to include land where there are reserves, marginal strips, esplanade reserves, public roads or even railway lines between it and the sea. And even where they do own land up to the foreshore, iwi don’t have to have occupied it exclusively or continuously. According to clause 60, their ownership and exclusive use is ‘without substantial interruption’, something that is not defined. That gives a Minister or Court a large amount of leeway to decide in the tribe’s favour. This effectively opens the floodgates for tribes to make customary claims.
“For example this means that, if the hapus owning land on the renowned nature sanctuary of Kapiti Island apply, they are likely to get all the foreshore and seabed (marine and coastal area) around Kapiti Island to a distance of 22.2 km offshore – that includes some 50 km of mainland shoreline from Paremata to well north of the Otaki River mouth.
“The Iwi leaders and the Minister seem to have spent many days looking at Maori land property boundaries working out how they can write legislation to rort the greatest possible amount of customary title for themselves, at the expense of the other Kiwis. There appears very little opportunity for the general public to challenge this nonsense either in the Minister’s Office, or participate in Court proceedings. This proposed Bill is a complete National Government sell-out to iwi.” Dr Barr said.
Contact: Dr Hugh Barr, Spokesman, Coastal Coalition, 04 934 2244, 027 686 0063 hugh@infosmart.co.nz See also www.CoastalCoalition.co.nz
