Thursday, April 1, 2010

wishing and hoping

Audrey Young has focused in on a very important area around the Foreshore and Seabed proposals and that area is the threshold for determining customary title.

From NZH
"It is clear that the lowering of the threshold to establish customary title is of big interest to most - whereby a tribe no longer has to have continuously owned the land next to the coastal area in question."
" adviser to Finlayson, and Key, are insisting that the awarding of customary title will still be a very difficult test and will apply to only a few places because an iwi will have to prove "exclusive use and occupation" of the area in question since 1840."
and the consequences of that test are disturbing
"It may be an unfortunate outcome for iwi that have had a welcoming and open-door approach to coastal areas in their patch, that they do not meet the test for customary title precisely because they have never made access an issue.
Yet iwi in a more isolated part of the country that may have as strong a relationship with its foreshore may gain customary title because no one goes there."
It is not fair or right or just. It is WRONG.
"Pita Sharples made much of the lowering of threshold for customary title.
"The reality is there are some tribes - their awards will be tantamount to ownership because they will have control completely of their area."
This is just not true Pita - you are raising expectations and believing that what you want to happen is happening, but it won't be like that, it won't be even close. It would be better for you to err on the side of caution, err on the side of maori and distrust of National. That way if you are wrong you will still be right.

The way this is shaping up is not looking good in my book. I still agree with Hone - give it back to maori and let the crown argue that an iwi or hapu doesn't have title.

Plus - The 30% of Foreshore and Seabed privately owned should be bought, by the government, and put back into maori ownership too.

No comments: