'Fireworks ahead': Te Pāti Māori promise ‘fireworks’ over seabed and foreshore change

Thursday, 25 July 2024

The Government plans to amend the Marine and Coastal Area Act, making it harder for Māori to claim customary title to the foreshore and seabed. Critics anticipate increased protests and controversy.

The Government is set to make it harder for Māori to claim customary title to the foreshore and seabed.

Treaty Negotiations Minister Paul Goldsmith confirmed plans to amend the Marine and Coastal Area Act at Parliament on Thursday. The bill was set to be introduced in September.

Goldsmith said the Government wanted to change that law because the Government disagreed with a Court of Appeal ruling in favour of Te Whakatōhea.

The Government’s decision has raised comparisons with the 2004 Seabed and Foreshore protests. Those came about because the then Labour Government was worried about Māori having success at the Court of Appeal arguing for their right to that land.

Goldsmith said the bar was meant to be “high” for Māori to claim customary title to marine areas.

“What we’re seeing is a Court of Appeal decision which we believe materially reduces that test,” he said.

Treaty Negotiations Minister Paul Goldsmith says the Government will amend the Marine and Coastal Area Act.

He said the Crown wasn’t going to wait for the Supreme Court to make a ruling.

“We don’t want to wait the extra time, it could be months,” he said.

Te Pāti Māori says this Government should get ready for similar protest.

Te Tai Tonga MP Tākuta Ferris said the Government was taking away Māori rights, and it should be the Government’s duty to prove Māori didn’t have customary title - rather than Māori having to fight in court.

“There will be some fireworks ahead” he said, when asked if the Government should expect further protests.

Te Tai Tonga MP Tākuta Ferris said there will be strong opposition to the Government’s plan to make it harder for Māori to claim customary title to marine areas.

“They’re stripping away Māori rights, and that’s building up to the Treaty Principles Bill which will test the country on a level that it hasn’t been tested before.”

The Marine and Coastal Area Act replaced the controversial Seabed and Foreshore Act, which led to huge hīkoi in 2004.

It allows for iwi and hapū to claim customary title, not ownership, of marine areas.

That title cannot be sold and does not allow Māori to stop public access to the area. Instead, it acknowledges the added interest Māori have in the area - if they have proven long-lasting links which pre-date Te Tiriti o Waitangi.

Goldsmith’s announcement came on the same day the Government pushed forward its plan to hold referendums on Māori Wards. It also faced questions about removing Te Tiriti o Waitangi obligations from Oranga Tamariki - despite the Royal Commission saying Te Tiriti played a vital role in stopping abuse in care.

ACT leader David Seymour was praising Goldsmith’s announcement. He said this was the “real change you voted for”.

But for those concerned about Māori rights, that real change will be another reason to mobilise.