New foreshore act likely by next month

Government and iwi leaders are set to hold fresh talks on the foreshore and seabed in Northland today, as Maori and Pakeha from around the country begin gathering for Waitangi Day celebrations.

Attorney-General Chris Finlayson has confirmed that a replacement for the Labour government's contentious Foreshore and Seabed Act is likely as early as next month, despite earlier indications that the Government and iwi were struggling to find common ground.

Fresh confusion has been thrown on the status of negotiations by an apparently confidential document circulated by an Auckland-based PR company, Exceltium, which suggests iwi consulted by the Crown are unhappy with Government proposals and have put up an alternative.

The document, apparently written by a Ngai Tahu staffer and official on the powerful Iwi Leadership Group – which appears to have become a de facto negotiating body for Maori – suggests a model by which the foreshore and seabed be treated as a "shared" space.

But iwi and hapu would also have the right to assert title in the courts according to a new test based on "tikanga" (Maori custom and traditions) and the Declaration on the Rights of Indigenous Peoples – which would include the power to review and injunct decisions over the foreshore and seabed, and impose rahui (a ban on access).

The document's appearance on websites in recent days appears to have caused consternation in government circles initially, but Mr Finlayson said this week that there was nothing in its alternative point of view that caused the Government alarm.

It had been written by a "relatively junior operative" reporting to the Iwi Leadership Group.

The Government appears to have been sufficiently concerned, however, that it sought assurances the document did not represent the Iwi Leadership Group's position.

Mr Finlayson said he understood that it did not.

National has signalled its intention to repeal the Foreshore and Seabed Act under its deal with the Maori Party, but has yet to announce what will replace it.

Mr Finlayson said he expected to take a "blueprint" for the replacement to a series of national hui in March.

- © Fairfax NZ News