Manawatu Standard

Slow flow to Ma¯ori claims

- Stuff reporter

A judge has urged the Crown to step up with resources for resolving Ma¯ ori coastal and marine claims.

Funding for court claimants, and delays in the Crown deciding which groups they wanted to negotiate with privately, are already threatenin­g to slow the process.

In the High Court at Wellington Justice David Collins is overseeing the 202 pending court claims, many of which are also among the 385 who have taken the other route of trying to negotiate a recognitio­n agreement with the Crown.

Under the Marine and Coastal Area (Takutai Moana) Act 2011 claims had to be filed by April 1, 2017, for protected customary rights orders or marine title orders over areas not already privately owned or part of a conservati­on or other protected area.

In a recent minute setting out how the court claims should proceed, the judge said the Crown had committed, through the Office of Treaty Settlement­s, to help fund the claimants. Some claimants were frustrated with the funding process but during a recent round of case management conference­s signs of improvemen­t emerged, the judge said. Concerns were raised about limits on funding, and it appeared interested parties, who were not claimants, would not get help with funding. The judge recorded his concern that funding policies might delay hearing the applicatio­ns.

A few claimants had already started trying to negotiate recognitio­n agreements with the Crown,

Eight claims have been given priority and the first is expected to be heard in July 2019.

the judge said. But even that process could be lengthy because the lawyer for Attorney-general David Parker, who is the Crown’s representa­tive in the cases, says it could take up to 18 months for the Office of Treaty Settlement­s to decide who it would be willing to negotiate with.

The judge signalled his concern about the time involved. It could force many applicants to choose litigation when they may otherwise have been prepared to negotiate, he said. He encouraged the Office of Treaty settlement­s to speed its process. Negotiated agreements were likely to be preferable to court decisions, particular­ly where Ma¯ ori interests in marine and coastal areas were involved.

The law contains guarantees of public access despite any rights recognised in the law that replaced the controvers­ial Foreshore and Seabed Act. The Crown says that in its negotiatio­n process the general public can object to, or support, any applicatio­n as part of a public inquiry process that hasn’t started yet. The first court order was made in December 2016, which recognised customary marine title for an area around two small islands in the remote Tı¯tı¯ Islands (Muttonbird Islands), off Stewart Island.

Justice Jill Mallon found Rakiura Ma¯ ori with customary interests in the islands of Pohowaitai and Tamaitemio­ka, held the area in accordance with tikanga and had exclusivel­y used and occupied it from 1840 to the present day without substantia­l interrupti­on.

In pending claims, one of the big issues was likely to be resolving overlappin­g claims, Justice Collins said. Nearly every applicatio­n had an overlappin­g claim, and in northern New Zealand some areas were the subject of ‘‘significan­t numbers’’ of overlappin­g claims. He raised the possibilit­y of competing claimants agreeing boundaries, or recognitio­n orders being made for more than one party in the same area.

Some disputes were deep seated and perhaps only the court could decide the competing claims, but the judge said he hoped most could be settled by negotiatin­g in good faith.

The role of the attorney-general has been questioned by some claimants, and it could lead to the court having to decide whether he can oppose applicatio­ns ‘‘in the public interest’’.

Eight claims have been given priority, because they had also lodged claims under a previous law, and the first of those is expected to be heard in July 2019.

Case management conference­s so far have only involved the claimants and the Crown, but interested parties are expected to be involved in the next round of conference­s.

 ??  ?? The marine and coastal area covers from the high water mark to the end of the territoria­l sea. Many areas have overlappin­g claims.
The marine and coastal area covers from the high water mark to the end of the territoria­l sea. Many areas have overlappin­g claims.

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