Govt pins hopes on early iwi deals

By Ruth Berry
NZ Herald
03.09.2004

The Government is negotiating foreshore and seabed deals recognizing "ownership interests" with four iwi and hopes at least two will be signed before the legislation is passed. If it can get through the necessary political gymnastics and clinch at least some deals by then, it believes the move will help to defuse renewed waves of anger the passing of the law is expected to bring.

Once some iwi say that their interests have been largely protected, the Government believes others will follow, breaking down the apparent wall of opposition. The law is expected to be passed in December.

The four groups involved in the discussions are Ngati Porou, Te Whanau a Apanui, Ngati Porou ki Hauraki and Tainui. All are locked into confidentiality agreements. Ngati Porou and Te Whanau a Apanui have been talking to the Government for some time and are now discussing terms of negotiations. It is understood negotiators for those groups plan to unveil to tribal members the type of proposals they want the Government to accept soon. A consultation process within the iwi would follow.

Maori Affairs Minister Parekura Horomia refused to confirm, in response to questions in Parliament yesterday, whether a deal had already been reached with Ngati Porou. "I can confirm that we met with Te Whanau a Apanui, which is up in the Opotiki area, and we have met with Ngati Porou and other tribes and there are ongoing discussions."

The Government has already privately acknowledged that the "ownership interests" of groups with strong foreshore claims will have to be recognized. Still under discussion is the politically delicate issue of how this can be expressed without appearing to contradict the legislation vesting ownership in the Crown. One source close to the negotiations said yesterday this would involve "creative thinking" on both sides. The intention is to acknowledge some form of aboriginal title, although the word "title" may be too heavily loaded to use. Freehold title is not being sought and the groups won't seek to deny public access as part of any agreements.

Under the Government's legislation, iwi with strong claims to the foreshore and seabed can ask the High Court to determine whether they would have been granted aboriginal or customary title if the Government had not assumed ownership. The court can then order the Government to enter redress negotiations with those groups. The Government has so far avoided giving a clear definition of what this would entail, saying it is a matter for negotiation. But it has made it clear it does not envisage that iwi will be stripped of rights and authority they already maintain.