Editorial: Different name but same old foreshore

OPINION: Calling the new legislation covering Maori claims to the foreshore and seabed the Marine and Coastal Area (Takutai Moana) Bill is a bold effort to lower the temperature of this issue. It is already showing signs of being a forlorn one.

Already Te Runanga o Te Rarawa chairman Haami Piripi has called it "an evil little piece of legislation", and the Coastal Coalition has denounced it as legislation designed "to rort the greatest possible amount of customary title ... at the expense of the other Kiwis".

New Zealanders, Maori and Pakeha, feel strongly about the beaches that gird their islands. The issue has been dealt with poorly. The last Labour-led government's decision to strip Maori of the ability to test claims to the foreshore and seabed was, in retrospect, an overreaction by politicians subjected to hyperbole from all sides.

The Court of Appeal finding that Maori might be able to establish title to some parts of the coastline and seabed would have had a severely limited impact, but it raised both empty fears and false hopes. Some Pakeha believed they would soon be barred from the beaches, or told they needed to pay a fee to set up the barbecue or catch a few waves. Some Maori believed that, but for the government, their iwi would have had title to all the country's foreshore and seabed.

The Court of Appeal had set a very high hurdle and, in returning to Maori the right to test their claims in court, the Government has reiterated the requirement to prove exclusive use and occupation from 1840 until now without substantial interruption, and that the area being sought is held in accordance with tikanga.

Attorney-General Chris Finlayson is refusing to say how much of the coastline the Government believes will be affected, but Treaty of Waitangi specialist Paul Moon is predicting most hapu will be left empty-handed.

The Government has also been at pains to stress that any titles granted come without the right to restrict access, except to waahi tapu, or to charge for it, and that it will not affect existing resource consents. Instead, it is stressing at every possible opportunity that it guarantees the rights of all New Zealanders to the marine and coastal area by turning it into "common space".

However, the Government is battling perception as much as reality. That is why it will need to handle any negotiated settlements carefully. It must ensure they live up to the claim that they will be done "in a transparent manner" and that applicants meet the same threshold tests as they would face in court. If there is any chance for opponents to suggest that claimants have been given a soft ride in negotiations, it will be seized. As unhelpful are Maori suggestions that the current proposal will do for now, but that the issue might be relitigated in the future.

The Government is seeking to have the new regime in place by the end of the year, but making sure everyone has the chance to comment on the detail is more important than meeting that timetable. Labour rushed it last time. This time the Government needs to make sure it gets it right.

- © Fairfax NZ News