Review set to renew rows over coastline

BY COLIN ESPINER
Last updated 05:00 05/03/2009

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Fresh controversy is looming over the ownership of large sections of coastline as a review of the Foreshore and Seabed Act begins.

National agreed to the review as part of its supply and confidence agreement with the Maori Party after last November's election.

While supporters and opponents said yesterday that the right of all New Zealanders to visit beaches must be protected, the Maori Party said it wanted iwi to have the right to go to court to seek ownership where they believed they had customary rights.

Labour says reopening the controversy over who owns the beaches could set Maori against Pakeha.

The ownership issue blew up in 2003 when the Court of Appeal ruled Marlborough iwi were entitled to take a claim for customary title on the foreshore and seabed to the Maori Land Court.

The Labour government hastily drafted legislation blocking that right, instead offering Maori compensation and vesting the beaches in public ownership in perpetuity.

Maori Party co-leader Tariana Turia quit Labour over the action and formed the Maori Party, which is now helping National govern.

Prime Minister John Key said yesterday it was a "bottom line" for National that the right of all New Zealanders to go to the beach would be protected whatever the outcome of the review.

Turia and co-leader Pita Sharples said they wanted Maori to have the right to seek ownership of the foreshore and seabed through the Maori Land Court.

Turia said there was no intention of denying anyone access to the beaches, but Maori were entitled to seek "authority" over them.

"This issue is about the mana of the iwi. It is about their right to have authority over their lands, their seas," she said.

A panel to review the act will comprise specialists in Maori affairs Justice Eddie Durie, Associate Professor Richard Boast and Treaty of Waitangi lawyer Hana O'Regan.

All are considered likely to be sympathetic to changing or repealing the act, and Sharples said he expected it to be thrown out "because there's so much wrong with it".

Asked what would happen if the panel did not, Sharples, who is Minister of Maori Affairs, said: "I would probably sack them and put another group up."

His remarks prompted concern in the Beehive that he was leading the panel, and a press secretary was sent to explain to journalists that Sharples was commenting as Maori Party co-leader, not Minister of Maori Affairs.

Labour leader Phil Goff said the review was unnecessary as the act was working well. "It does have the potential to be extremely divisive in setting Maori against Pakeha."

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The review panel will hold hearings around the country in April and May, and will report to the Government by the end of June.

- © Fairfax NZ News

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