tag:blogger.com,1999:blog-7340901893892759228.post2235245147642675633..comments2023-07-12T20:25:09.496+12:00Comments on mars 2 earth: Maori Party panui - keeping our promiseMarty Marshttp://www.blogger.com/profile/07434142404949696557noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-7340901893892759228.post-23766364643479220262011-02-21T00:57:38.252+13:002011-02-21T00:57:38.252+13:00Oppose the Marine & Coastal Bill
click on to ...Oppose the Marine & Coastal Bill<br /><br />click on to this link<br /><br />http://takutaimoana.webs.com <br /><br />(as the saying goes -Beware - a wolf in sheep's clothing )takutaimoana4surenoreply@blogger.comtag:blogger.com,1999:blog-7340901893892759228.post-4820636044795942152011-02-19T18:14:25.550+13:002011-02-19T18:14:25.550+13:00Factors relevant to whether customary marine title...Factors relevant to whether customary marine title exists<br />(1) Factors that may be taken into account in determining whether customary marine title exists in a specified part of the common marine and coastal area include—<br /><br />(a) whether the applicant group or any of its members—<br /><br />(i) own land abutting all or part of the specified area and have done so, without substantial interruption, from 1840 to the present day:<br /><br />(ii) exercise non-commercial customary fishing rights in the specified area, and have done so from 1840 to the present day; and<br /><br />(b) if paragraph (a) applies, the extent to which there has been such ownership or exercise of fishing rights in the specified area.<br /><br />This is in essence what is known as the continuous contiguous title test that was set aside by the Ngati Apa decision but which has come back somewhat modified and we are told "don't worry" because the Crown is so well known for acting in good faith as far as Maori are concerned.<br /><br />Read the Bill - the first half is decicated to protecting this interest and that interest and this right and that right - all very clear - pakaha interests and rights are sacrosanct - then we get to the Maori bits - and it is if you pass this test - jump though this hoop we might get to a place where we might be able to agree you have some interests and we might allow you to have a bit of a say on some things <br /><br />it is a farce and maori will be no better off than under the 2004 Act and still worse off than pre-2004 Act.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7340901893892759228.post-25141801790214687972011-02-18T21:07:36.494+13:002011-02-18T21:07:36.494+13:00Dear Anon, Feb 16, 2011, 10:12AM
There is no &qu...Dear Anon, Feb 16, 2011, 10:12AM <br /><br />There is no "uninterupted title test" in the Marine and Coastal Area Bill. The test is exclusive use and occupation. It will be a difficult test to meet, but let's not pretend that, if the 2004 Act wasn't imposed, customary title would be easy to obtain through the Courts or that anything other than "a few discrete areas" would be customary title. If the Titi Islands and Ruapuke have been exclusively used and occupied by Maori, then these are examples of the test being satisfied. <br /><br />As to the Crown working out "what rights might be granted", in contrast to the 2004 Act, the Bill actually sets out these rights (or will, if enacted). <br /><br />Do you have a reference for the Attorney-General saying "settled iwi" are to be excluded from negotiations or from applying to the High Court for customary marine title? <br /><br />Your comment that Ngati Porou were "happy" with the 2004 Act is, at best and most favourable, wrong. You should probably do some reading, for example the Ngati Porou Foreshore and Seabed Deed records Ngati Porou's continued opposition to the 2004 Act. Given Ngati Porou's likely successes in obtaining customary title following Ngati Apa, the 2004 Act probably bit harder on them than almost any other iwi.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7340901893892759228.post-41929903456377025122011-02-16T14:57:56.159+13:002011-02-16T14:57:56.159+13:00Kia ora Marty,
Thanks for writing about this.
O...Kia ora Marty,<br /><br />Thanks for writing about this. <br /><br />On the surface it all appears fairly mundane, typical political material really. However, there appear to be a number of misleading statements, mistruths if you will, that I have addressed at Maui St.<br /><br />http://mauistreet.blogspot.com/2011/02/maori-party-propaganda.html<br /><br />I initially intended to address them here in the comments section but it got a little out of hand. <br /><br />For me, and most Maori for that matter, the primary problem with the MCA bill is the test to determine whether customary title exists. The notion of continuous and uninterrupted use is anathema to Maori values. For Maori it is culturally unacceptable to just exclude people because you 'own' something. That is such a foul Pakeha notion.<br /><br />This bill is a joke.Morgan Godferyhttps://www.blogger.com/profile/16151402259122819244noreply@blogger.comtag:blogger.com,1999:blog-7340901893892759228.post-83734577089605670602011-02-16T10:12:49.418+13:002011-02-16T10:12:49.418+13:00oh dear,
what BB describes as a clear and unequiv...oh dear,<br /><br />what BB describes as a clear and unequivocable example (as relayed to her by the well known Ngati Porou lawyer) is exactly why those who both understand the proposed legislation and the history of the titi islands know this law to be a crock of sh#t and it is getting worse by the day.<br /><br />the titi islands fail the uninterupted title test as all transferred to Crown ownership at the time of the Rakiura purchase. notwithstanding that, they may scrape and scratch and make it over the hurdle at which point the Crown will work out what rights might be granted (very limited and much less than pre-2004 options) and then Parliament is now to ratify the agreement <br /><br />BB's mokopuna may live to see the sham through to its conclusion if they have the motivation to spend their time and energy on it.<br /><br />however, BB should also know that it is the view of the current attorney general that because of the Ngai Tahu settlement that we, presumably along with all other settled iwi, will be totally disqualified from even running the argument.<br /><br />I note that Ngati Porou were happy with the 2004 Act - this Bill is not materially better and in some instances is materially worse - being allowed to go to Court under this Bill is an expensive meaningless farce for the majority of iwi - I also note, that despite the Ngati Porou happiness they were simply run down by the government when a drilling permit was issued in their space - but that is another story<br /><br />Ngai Tahu has the longest coastline of any iwi and, if we can set aside the attorney generals argument that the settlement prevents us from being eligible to start the process, there will be a very few discrete instances our whanau may be able to make it over the threshold (if they can afford the process to get there) however the benefits of doing so make the whole thing a farce<br /><br />this is the modern day version of shiny plastic beads and smallpox ridden blankets and the maori party and the well known lawyer from ngati porou should be ashamed of trying to get our people to sign upAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7340901893892759228.post-13003752325092359922011-02-15T22:06:15.703+13:002011-02-15T22:06:15.703+13:00That's great news - I hope there are many more...That's great news - I hope there are many more.Marty Marshttps://www.blogger.com/profile/07434142404949696557noreply@blogger.comtag:blogger.com,1999:blog-7340901893892759228.post-3748352075658399462011-02-15T21:12:21.368+13:002011-02-15T21:12:21.368+13:00here is a clear and unequivocal example of where t...here is a clear and unequivocal example of where the test will be easy - the titi islands and Ruapuke. thats for starters and Rabbit Island and probably the Neck on Stewart Island. A very well known Ngai Porou lawyer suggested that there would be absolutely no probs with the titi islands passing the test.euminedeshttps://www.blogger.com/profile/07429294019936017390noreply@blogger.com