After my last post I thought, after discussion we have been having on Linkedin, I would carry on in same vein but a bit closer to home. This is because most on either side are not ready to look at it from the others perspective or even realize they are been manipulated & this could very well led to conflict of some type.
The first issue is the Foreshore & seabed. Most of this will come from a Maori point of view because I was involved at the time when the issue came to a head in governance of a Maori organization. Some of what came up surprised even us. Also because there is little talk & people are confused by the arguments they do hear or just switch off when the issue is raised.
Now we have the Coastal Coalition who have been manipulated into thinking that New Zealanders are going to loose access to many areas of coast line around New Zealand.
This was never the reason behind the initial claim to the Maori land court or the Appeal courts decision. It shouldn't change now. Though some are advocating no access but they seem to have forgotten what their Tupuna(ancestors) wanted. To live together & as the proverb used alot in Ngai Tahu says "For us & our children after us."
New Zealanders have this belief that everyone has access to the beach. They also believe they have the right to walk beside any river due to the Queens Chain.
It just isn't true.
The 'Queens' chain was never official but it was taken up in part in some areas such as Canterbury & Marlborough in the early planning. It is those roads or dirt tracks either side of a watercourse usually these days with a gate on it(around here to stop boy racers amongst others). You are allowed to access those areas. Other areas it was never acted on at all & you only have access at the grace of the owners.
Meanwhile the beach or foreshore & seabed area is a whole different kettle of fish.
Now the early settlers liked the idea of everyone having access to the beach. Maori view was they were only the Kaitiaki or guardians so everyone could access the land, they just had to respect it & local customs. The idea was to preserve food for all even in times of famine. So everyone just left things as they were.
**REPRINT** Gunther, R. T. (Robert Theodore), 1869-1940. Pausilypon, the imperial villa near Naples, with a description of the submerged foreshore and with observations on the tomb of Virgil and on other Roman antiquities on Posilipo, by R. T. G{uml}unther ... wi**REPRINT**
The Maori view of all land was they were held accountable by their ancestors to look after the land & never realized that they were giving full custody of the land to the settlers in most cases.
A comment was passed during the debate that on some of the early land sales that the British wrote up(not Maori) they bought the foreshore & seabed of areas to be used as harbours. Therefore signifying that in the early settlers & British eyes Maori did own the foreshore & seabed. Which if in Maori ownership could not be bought & sold privately therefore everyone would have access to that area.
Then shortly after some realized this, resulted in the bringing in of a new form of Maori land ownership that today results in some beaches been privately owned usually not by Maori. But I will deal with that in the next blog.
Contesting the Foreshore: Tourism, Society and Politics on the Coast (Amsterdam University Press - MARE Publication Series)
When the issue blew up back in 2003 the government of the day was doing two things.
One by not taking it fully through the court system but changing the rules mid tack the government was denying Maori the rights given to them under the Treaty of Waitangi to the use of the court system. The same rights any other New Zealander is entitled too.
The second point that was raised was the government was sticking to its GATT commitments that all New Zealand land including the foreshore & seabed be open to foreign ownership or leasing. Of course if that happens it is likely that within a few years no New Zealander will be able to access the beach.
In fact as soon as the Foreshore & Seabed Act was passed there were a whole lot of licences granted for drilling, dredging etc covering areas considered foreshore & seabed to foreign companies. It was noticeable that many of these were covering Maori reserve land or foreshore & seabed near Maori settlements.
Maori Property in the Foreshore and Seabed: The Last Frontier
The other issue was words used & what they mean.
Recently on Close Up on TV one there was a clip about some Public reserve land been taken for use by private owners. The local council were considering their options including selling.
Now our legal advice at the time of the foreshore & seabed debate was that they couldn't if it was public reserve(as most domains that many of us grew up with are now called) but if it was in Public Domain then the government & only the government(in this case local government) could sell or lease it to someone.
The governments have said of course Public Domain means for all. Don't believe them. Most of New Zealand are aware of the leadership disputes within Ngai Tahu. One of the points of argument is the words used in one section of the Act passed to confirm the settlement with Ngai Tahu.
Maori Party: Maori Party Activists, New Zealand Foreshore and Seabed Controversy, Tariana Turia, Pita Sharples, Hone Harawira
Now one of those involved in the negotiations told me it was meant in one way during the negotiation. A legal authority I spoke to on a governance course told me that in law the words mean quite a different thing. No matter in what spirit it was negotiated, although in recent times judges have allowed some leeway as long as certain people are not making a private gain out of it.
So when using Public Domain the Coastal Coalition think they are getting one thing & Maori know from experience they are getting quite something else where all will loose. It is the classic divde & conquer.
Whilst everyone is at each others throats & some are provoked to extremism, the governments & those behind them use it to get what they want.
Others will see it more in a personal light where the likes of Ngati Porou in particular & even my own runanga actually do own stretches of foreshore & seabed. In our case we have to my knowledge never stopped anyone going on it. We do ask for respect of the Urupa(burial grounds) dotted around the bay.
The Coastal coalition if it can sit down with Maori might realize that probably the only way to preserve the beaches in New Zealand ownership is through as Manaia Mahuta said(& was slapped down by her own Prmie Minister for suggesting it) confirm Maori Ownership with a caveat for all New Zealand citizens to have the right to access it. Native rights have primacy in international courts so greater protection against the likes of foreign companies. Use the advantage one has to the advantage of all.
Where as if the government has control they will always act in your best interests. Yeah Right!
It actually requires each other to understand the others view, realize actually we want virtually the same thing, cut the government out to stop the manipulation otherwise we all loose. It might just get very very ugly then if we don't.
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