Category: Maori Issues
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Just in case you hadn’t heard, it’s now official; under the coalition Government’s proposed Foreshore and Seabed Act Mark II, customary title is recognised as ownership. No longer is ‘nobody is to own’ the foreshore and seabed, the way it was sold in the consultation document. Instead, iwi and hapu will have the right to claim a new form of title , which will sit over and above the residual public domain ‘in much the same way that fee simple title sits over the Crown’s radical title to land’, in the words of the Attorney General. From the economic point of view, that amounts to ownership. I am sceptical that it can even be reconciled with the weaker notion of public domain, which is left as an undefined residual and as such, subject to constant encroachment from activities and exclusions possible under the new title. So much for the reassuring words about an undefined ‘public access’ right.
It has now been confirmed that under the new constitutional arrangements National and the Maori Party are planning to push through before Christmas, Maori will become the legal owners of large tracts of New Zealand’s foreshore and seabed.
Whatever the outcome of coastal iwi quests for customary title to the foreshore and seabed, under Mark2 of the foreshore and seabed agreement, two lessons stand out. Firstly the National Party is only too happy for power and political expediency, to racially privatise public property such as the foreshore and seabed to iwi.
Five years ago, the United Nations Special Rapporteur on the Rights of Indigenous People, Rodolfo Stavenhagen, visited New Zealand to consult with Maori. In the report he subsequently produced, he urged the then Labour Government to recognise Maori rights to self determination. In particular, he recommended that the government support the UN Declaration on the Rights of Indigenous Peoples, that they repeal Crown ownership of the foreshore and seabed, and that they undertake a constitutional review in order to entrench the Treaty of Waitangi.[1]
There is, in the United Nations Declaration on the Rights of Indigenous Peoples, one very surprising omission. Nowhere is there any definition of who or what exactly an indigenous person is. It would surely not be unreasonable to expect a definition. One is not needed in the 1948 Universal Declaration on Human Rights, because it deals with all human beings, and we know what they are. But who is indigenous?
Last Monday, a teacher at Te Puke High School was stabbed in the neck and back with a kitchen knife by one of his students. The boy’s whanau said that the 13-year-old had been brought up by his grandmother because his father was in prison. There is speculation that the attack was gang-related – part of an initiation process for earning gang stripes. Reports indicate that the school has a culture of bullying, and the offender had been suspended earlier in the year for fighting with other students. However, the principal advised there was no formal record of any bullying claims. Police placed the boy in the care of Child Youth and Family.
Prime Minister John Key has just told party faithful in the Wairarapa there is no room for separatism in New Zealand. In defensive mode over the party's Maori policy agenda he said some of what we do in this area will, I understand, challenge you and other New Zealanders. In recent months the Government has proposed a repeal of the Foreshore and Seabed Act, supported the Declaration on the Rights of Indigenous Peoples, announced the roll-out of the whanau ora welfare policy and it is making haste on a raft of Treaty of Waitangi settlements with iwi. Mr Key said he did a deal with the Maori Party after the last election, despite already having the numbers to govern because I believe it is in the long-term interests of New Zealand.”
There are turning points in public affairs when parliamentary parties cross an invisible line. We saw it when former Prime Minister Helen Clark forced her government to support the anti-smacking law against the wishes of the public. No, the sky didn’t fall in, but a resolve developed that ensured she lost her premiership.
Extract from an interview between the Minister of Treaty Negotiations Chris Finlayson and TV3’s Duncan Garner: "So would it allow for instance an iwi with a customary title say in the Bay of Plenty to do a partnership deal with if you like the Chinese government who come forward with a 100 million dollars and say we want to build a number of resorts on your land, lease it to us over 100 years, would Maori with customary title and iwi be able to get away with that?"
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