Maori Party panui - keeping our promise

I dislike being negative about the maori party - hell I voted for them and have supported them and specifically Pita and Tariana from nasty attacks - on The Standard for instance.

I have recieved a panui from them about their position on the alternative to the Foreshore and Seabed Act.

In the interests of fairness I'm going to put most of it up, and in the interests of brevity I'm pulling all the bullet points into paragraghs

Keeping our Promise - Marine and Coastal Areas (Takutai Moana) Bill

Tena koe marty, nga mihi nui ki a koe - We made a promise during the 2008 elections to repeal the 2004 Foreshore and Seabed Act and restore access to the courts. When we entered into a relationship with the National Party, our promise became a milestone in that agreement. That milestone has been a key priority of our work in Parliament over the last 18 months. The Bill, which delivers on our promise, is at a crucial stage and the public has been bombarded with negative messaging that has gained traction. marty, we hope you will be able to take the time to read through the points we make below. It is imperative that our constituents get information directly from the Maori Party that is not skewed with misinformation but instead focuses on what the Bill is trying to achieve and what outcomes there will be for tangata whenua and all New Zealanders.

Kia ora.

KEY FACTS

Abolishes Crown title and recognises customary interests (mana tuku iho) of all coastal iwi. Customary interests include a right to protect wahi tapu; and a right to be consulted on conservation and resource management. Allows iwi to claim customary title. Customary title is a property right that includes customary interests plus all minerals except gold, silver, uranium and petroleum; all newly found taonga tuturu, development rights, and a right to develop a plan which regional councils must recognise and provide for. Restores the right of access to court. If negotiations with Ministers do not reach agreement, tangata whenua can take their title claims to court. The Crown has to prove customary rights were extinguished, not iwi.

KEY STATEMENTS

To turn our back on this Bill, would be to break the promise we made to our people in 2005. If the Bill isn't passed, the law that deprived our people of their day in court, of their mana moana will remain in force. Is this what the people want? Is this why we marched? The Bill does not give us everything we wanted, but it is a step forward. If others have a better plan for repealing the FSSB Act, let's see it. The Bill reopens the door that was slammed shut in 2004, and allows tangata whenua to have a longer discussion on customary rights. The Bill does not settle the issues, but it keeps them alive. The Maori Party can advocate for customary rights and tikanga, in the Bill, but only tangata whenua can negotiate and settle matters of mana tuku iho. The decision to support or oppose the Bill is a matter of strategy: do we take a step forward, knowing we still have a long way to go? Or do we retire from the battlefield, and try to rejoin the fray some time in the future? That is the choice facing Maori people, and we will be guided by them.

CHANGES FROM SELECT COMMITTEE

The Attorney General will be recommending the House amends the Bill to require any recognition of customary title through negotiated agreement be given effect through legislation. This means that every such agreement will be subject to full Parliamentary and public scrutiny. This will dispel any concerns about future governments doing shoddy deals.

There are some frequently asked questions and answers like these ones

Can the Government decline customary title over lands that have been confiscated?

If an iwi is declined title, it will not be because their land was confiscated, so no the Government and Court can not decline title solely on the basis of confiscation. Iwi who have had their land confiscated are still eligible to claim customary title.

Why can't we just repeal the Seabed and Foreshore 2004 Act and create a Marine and Coastal Bill to replace the 2004 Act with conditions that are more acceptable to Maori?

Repealing the Act but not replacing it will cause uncertainty and the law cannot allow uncertainty. Therefore Parliament cannot repeal the Act without replacing it with legislation.

Can a moratorium be placed on mining licences that affect the foreshore and seabed?

The Maori Party asked for this but the Government declined it.

I'm not going to fisk this but let it stand as is.

It is interesting to read their framing of the debate - accept what we can and fight for more another day, if you've got any better ideas then lets hear them and so on. Unfortunately my opinion has not changed and I am opposed to this Bill and amongst my reasons for opposing it are the impossible (see good comment from BB in comments) hurdle of actually getting awarded customary title, and the legislation solidifies maori rights as inferior to private owner rights.

The maori party have said they will abide by the wishes of the people "we will be guided by them" (the people) - now the battle for those wishes is engaged in earnest.

Aroha mai for all the crossing out but I decided when I started the blog that I would stand by what I write and not delete.