Tuesday, March 8, 2011

tide receding

The māori party have supported the 2nd reading of the replacement to the Foreshore and Seabed Act as expected. I recieved an email before the 2nd reading saying,
Kia ora marty, nga mihi nui kia koe. Maori Party co-leaders Tariana Turia and Dr Pita Sharples will be speaking on the second reading of the Marine and Coastal Areas (Takutai Moana) Bill today. Mrs Turia is scheduled to speak between 3.50pm and 4.15pm or immediately after question time while Dr Sharples is expected to speak an hour after Mrs Turia. marty, if you have the time to tune in, please do so.
I was not able to listen but I have read the speech now and it is similar to the video. One series of statements needs clarification
There is also a very interesting provision, tucked away in clause 105, the burden of proof clause which states explicitly that “it is presumed, in the absence of proof to the contrary, that a customary interest has not been extinguished”.
In other words, it will be up to the Crown to prove that any interest has been extinguished- rather than placing the onus for proof on the whanau, hapu and iwi.
Is this a panacea for all ills? I think not.
I think not too and I think this point needs to be analysed because it is not my understanding and I hope I am proven wrong.

These points in the speech were interesting too
We have vigorously fought the case against too high a threshold being applied to the tests for customary marine titles – a concern which whanau, hapu and iwi have consistently raised with us. And we appreciate also the concern of many Maori who seek a new Treaty based ‘longer conversation’ to safeguard the mana of hapu and iwi. This was a resounding theme of the 72 submissions received by the Maori Affairs select committee from marae, hapu, iwi, Maori land owners, organizations and collectives. It is a theme that we have certainly heard, and we will continue to give voice to, in every sphere of political activity that we are engaged in.
There has been some statements made in public about the ‘overwhelming opposition’ to the Bill demonstrated in the select committee process. I think that comment should be balanced by the fact that less than 2% of the 5700 submissions received were in fact from Maori – the great majority of submitters coming from within lobby groups the like of the Coastal Coalition
The opposition is mainly from Pākehā - who'd have thunk it.

I notice that Hone didn't vote - that was a mistake, he should have voted against it IMO. It appears he gave his proxy to the greens and it wasn't used ??? He forgot to vote - and whilst mistakes can happen, this was a big one.

The finalish word to Tariana
This is our bill – a Bill which the National Party was prepared to back.
I wonder why.

This is an excerpt from Hone's speech
"With all my heart and soul I beg the Maori Party to recognise the fact that they have been sold down the river by the National Party and to accept the reality that they occupy a cold and lonely place in the hearts and minds of their people," he said. "This is racist legislation and thousands will walk away from the Maori Party."
Very powerful - "a cold and lonely place in the hearts and minds of their people" - whū! That is very hard hitting.

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