Overturning Court Of Appeal Decision On Foreshore And Seabed Is Abuse Of Power – PSA

The treacherous actions by this Government to overturn a Court of Appeal decision covering Māori customary rights under Te Tiriti o Waitangi to the foreshore and seabed legislation is a despicable abuse of power.

“We are appalled by the Government’s decision to pass legislation overturning the Court of Appeal decision of last year,” said Janice Panoho, Te Kaihautū Māori for the Public Service Association Te Pūkenga Here Tikanga Mahi.

The foreshore and seabed controversy dates back to 2004 when the Government passed the Foreshore and Seabed Act. This legislation effectively overturned a landmark Court of Appeal decision in the Ngāti Apa case, which had recognised that Māori could potentially establish customary ownership of parts of the foreshore and seabed through the courts.

The 2004 Act vested ownership of the foreshore and seabed in the Crown, extinguishing any Māori claims to ownership and causing widespread outrage and protests among Māori communities.

Through illegal means and confiscation by the Crown and their agents, Māori have a small fraction of the coastline – about 10% – which would be up for customary marine title (CMT). This was the intention of a 2011 law, the Marine and Coastal Area (Takutai Moana) Act, which aimed to replace the 2004 Act and provide a pathway for Māori to seek recognition of their customary rights.

The Court of Appeal judgment issued on October 18 last year changed the law passed by Parliament and would make it easier for iwi and hapu to have customary title recognised by the courts.

“This was a step towards justice for Māori. However, the Minister is trying to justify his action by saying, ‘What we’re trying to do is to balance the natural expectations of all New Zealanders to have a broadly equal say in what goes on in coastal areas.’

“This statement couldn’t be further from the truth. There is no honour or democracy in overturning the Court of Appeal decision (2011); it is one-sided and constitutes unlawful access onto Māori land. Where is the natural justice in this decision?

“The Minister believes his explanation of modern democracy gives the government the right to repeal the legislation and allow access onto Iwi Coastal land (indigenous people of Aotearoa). One must wonder if the same rights would apply to the public access of coastal areas through privately owned property, consistent with the Minister’s claim of ‘modern democracy.’

“Again, no consultation with Iwi Māori, and it is so disappointing that Māori Ministers from the Coalition Government are supporting the decision.

“The ongoing struggle over the foreshore and seabed is a stark reminder of the Crown’s historical and continuing disregard for Māori sovereignty and customary rights.

“It underscores the urgent need for genuine consultation and partnership with Iwi Māori, in line with the principles of Te Tiriti o Waitangi, to ensure that Māori voices are heard and their rights respected,” said Janice Panoho.