Attorney-General Chris Finlayson says he feels like "a Pollyana" when it comes to solving the foreshore and seabed issue, despite the appearance of wide gaps between the Crown and Maori over the issue.Mr Finlayson fronted up to around 100 Maori
Attorney-General Chris Finlayson says he feels like "a Pollyana" when it comes to solving the foreshore and seabed issue, despite the appearance of wide gaps between the Crown and Maori over the issue.
Mr Finlayson fronted up to around 100 Maori at a hui in Porirua on Friday to outline the Government's proposal to place the foreshore into the public domain and give Maori some ability to test through the courts their claims to customary title over coastal areas.
Halfway through a series of hui, Mr Finlayson declared himself to be Pollyanna in finding a resolution the controversial issue.
Pollyanna is a popular fictional character who transformed people's lives through her endlessly sunny optimism in the worst situations.
Mr Finlayson said he based his optimism on the fact he agreed with those at the hui over issues such as repealing the current law, removing the foreshore from Crown ownership and giving Maori access to the courts to pursue their claim.
Despite Mr Finlayson's hopes, speaker after speaker at the hui said Maori either owned, had mana over or sovereignty of the foreshore and seabed.
One speaker said he resented Maori having to prove customary title and it was up to the Crown to negotiate with individual iwi over management of coastal areas.
The previous government enacted the Foreshore and Seabed Act following a 2003 Court of Appeal ruling in the Ngati Apa case that raised the possibility, in some narrow instances, for Maori customary title to convert into freehold title.
That had the potential to put parts of the coastline under Maori control, and Labour legislated against it.
National opposed Labour's Foreshore and Seabed Act, which put the areas in Crown ownership, and ordered a ministerial review which found the law was unfair because it removed property rights available to Maori.
Labour argued the law guaranteed Maori customary rights.
Last week the Government said its preferred option was to repeal the Act and instead declare the areas a public domain, which no one can own, while reasserting the right of Maori to seek customary -- but not freehold -- title through the courts.
There was little discussion of the public domain concept at the hui today as most attending seemed to firmly believe that Maori had title to coastal areas anyway.
Some told NZPA they were sceptical that the Government had not made up its mind over the issue and others said after 45 years of talking to the Crown about the poor environmental state of Porirua Harbour it was now worse than ever.
Ngati Toa executive director Matiu Rei called on the Government to acknowledge Maori had mana over the foreshore and seabed, set up a process for dealing with individual iwi on sorting out treaty disputes and management of the foreshore and seabed.
Mr Rei said tests of customary title should be based on the Treaty of Waitangi and Maori custom, not from common law examples in other countries.
Prime Minister John Key has said previously the amount of foreshore and seabed Maori will be able to secure customary title for would be "reasonably small".
The definition of what is meant by customary title, the rights that come with it and what hurdles would have to be met to get such title will be a crucial part of the month-long consultation period.
