MAORI MINING MONEY AND MANA

So Maori are talking to the government about Mining. We always reckoned that this was where the greatest opportunity lay for Maori - beneath the earth as we predicted here months ago.

So now we see that the Big Swinging Dicks have swung into town and are talking to Gerry and Key about just what deals can be done.

All good we say.

But the best thing we saw in the PM's statement was this.

"I wouldn't say there was a universal desire for Maori to be engaged in mining but there's the potential and they at least want to have the discussion. Given the nature of their engagement, we thought it was a good idea to have that discussion."

He said he was also aware that the Iwi Leaders Group did not speak for all Maori and Government would be talking with other groups as well.

While the Government had made it clear it would not mine in schedule four land, it was interested in expanding other mining activities, Mr Key said.

It was conducting aero-magnetic surveys and having talks with interested parties.

It shows that there has been a shift in the governments thinking. That there has been a realisation that the mana monster aka the Iwi Leaders forum needs to be put in its place. And its time for the government to start talking to some of the Maori Land incorporations.

Excellent.

REPLAY - FORESHORE ALL COASTLINES ARE NOT EQUAL

This is required reading for all those with an interest in the Foreshore and Seabed issues. We wrote about it some time ago and it generated quite a bit of interest. It is deserving of another airing.

THE NOT SO FRIENDLY FACE OF PRIVATELY OWNED FORESHORE

We did a bit of a tiki tour on Saturday to a place called Flatpoint in the Wairarapa It's a stark barren stretch of coast . Flatpoint is a collection of a hotch potch of both old style bachs and beach mansions. A smallish round house with uninterrupted views to the sea across the little 9 hole golf links is up for grabs - offers over $600k. A vineyard with an average home and 3 ha is up for grabs at a $1 million.
Its an area known for crayfish and paua in abundance.

But what makes Flatpoint interesting is that the foreshore - thats the beach , is privately owned and access is apparently jealously guarded as is a considerable stretch of the Wairarapa coast. In fact the discussion document on the Foreshore and Seabed Act makes special mention that these areas will not be part of any changes to the Foresohore and Seabed legislation.

There is essentially only one road into the area which stretches from Flatpoint to Glenburn. Sections with beach views are for sale and they have " exclusive access " to the beach to launch a boat " as part of the title. So sections do not own the access - they just appear to have " exclusive access" across the landowners land - in essence there is no Queens Chain.

It was not a welcoming place. Simply because the access to the beach is not allowed and everywhere there were " Private Property" Private access only signs. DOC had two access points and again it was made patently clear that part of that access was across private land. In one track it was made clear that the track did not provide access to the beach -essentially the very very long coastline is privately owned - lock stock and sifting sand.

Each Section sale includes the following:

• a right of way secured to title in favour of the purchaser to enable permanent private access to boat launching to the Lot owner and his immediate family and guests, up to ten persons at a passing.
• a 1/39th share in the community controlling body as required by Resource Consent Condition(Flat Point Beach Ltd). This body will be responsible for Environmental monitoring and transfer of solid waste to landfill. This body is also required to draw new owners attention to the Environmental Care Code and to make its records available to Council annually.
• a 1/39th share in Lots 40 & 41(plantation reserve) and Lots 43 & 44(pedestrian walkways).

However we found a track to the beach via a river bed and we toddled down to the ice water just to say that we had dipped our toe in the ocean.
It was an unsettling place simply because it does not feel like the rest of coastal New Zealand. It is not the way we want to see the rest of New Zealand's coast line managed. For some reason we cant quite fathom it actually made us profoundly sad.
We cant remember another place where we have essentially been locked out of a coastline.

We noticed that the access roads which interestingly are public to a point are obviously maintained by the taxpayer and we would be interested in seeing who paid for both the power and telephone lines as well.

We are keen to see the foreshore and seabed issue sorted out to everyones advantage - we dont really care if there is a title that denotes ownership. However that ownership should be required to ensure public access. We do not want to see more examples of Flatpoint anywhere ever.

DEREK FOX IN PRINT

Maori commentator and publisher Derek Fox has a new column in the Cook Islands but it deserves another airing.

We don't agree with everything he says - ( that often makes having a drink with him a stimulating and interesting occasion) but his thoughts need a wider audience.

Here is the Cook Island column in full .

Still looking for justice

Last week I foreshadowed that I might this week talk about the Foreshore and Seabed debate here in Aotearoa. I indicated that while what MPs used their ministerial credit cards for was gaining all the headlines, the big story of the week should really have been the foreshore and seabed – and I still believe that.

It’s important for a number of reasons. Firstly it is/was a pivotal issue and cornerstone of the support agreement between National and the Maori Party; and secondly it’s one of those flax root debates between Maori and Pakeha which we need to get right – and so far we haven’t – if there is to be a peaceful path forward in this country.

It’s also important because we are at the halfway stage in the political game we call this parliamentary term, and the Maori Party doesn’t have too many meaningful points on the board as we head down now to the next general election.

The foreshore and seabed debate is about property and legal rights – something you’d think the National Party would be solid on. It’s not about access to the country’s beaches - that right – within reason – is beyond doubt.

But National is no keener than Labour to see Maori retain any of their traditional and customary rights developed over the centuries we occupied these islands prior to the arrival of the Pakeha. And that tells me this is a Maori Pakeha issue not one about law and justice and people’s inherent rights. Labour even took away the right of Maori to go to court to see if we had a right – National will restore that but will so tightly prescribe how that right may be determined that it will all but be negated.

So the foreshore and seabed that my tipuna held sway over as a result of hundreds of years of co-existence with our iwi neighbours, will be taken away by the government. On the other hand 12 and a half thousand separate parcels of foreshore and seabed – overwhelmingly held by Pakeha - which have somehow passed into ‘freehold’ title -will be sacrosanct. You won’t be able to go to those beaches and have a swim or a barbie, certainly not without permission and maybe a fee?

So once again it is Maori who have their rights legislated away.

Labour and now National both claim that one of their reasons for moving in this way is to ‘protect’ the foreshore and seabed from sale – nothing would give it greater protection that customary title - after all it’s endured for a thousand years until now.

Another looming punch-up in this process is the hoops that Maori will have to jump through to establish their limited customary right. They will be required to show ‘exclusive and continuous use and occupation’ of their foreshore and seabed rohe. If the land has been subdivided that test will fall down. But what if the only reason that hasn’t occurred is because a previous pakeha government stole the land or it was acquired by some other Treaty breach?

John Key last week joined Helen Clark in showing that he too is not able to treat fairly and justly and in good faith with Maori, the pull of his blood and the baying of his supporters is too strong.

While Fox has some harsh words for the government we think that after listening to Chris Finlayson this morning on Q and A , we are more confident that the agreement provides a good framework to allow Maori to exercise their customary rights.

We, in particular, are expecting Ngai Tahu to lodge a claim get title for the former crown muttonbird (titi) islands which are now under the guardinaship of a Trust. And the beneficial owners of the other titi ( privately owned ) islands will also be able to make a claim for theirs.

There is also a fair bet that the Waitutu and Rakiura Maori Lands Trusts will also be taking a close look at the new rules as there will be some expectation they will have a good claim as well.

Interesting times ahead.

SHAKING THE TREE

We have only been back from the Titi Islands for a week. And we have had quite a bit of traffic.  The Mistressology saga  has proved very popular.


However it is this post that has caused the most angst in a couple of circles. It was on the button. People got very, very angry about it. Some were gobsmacked that we had the good oil on the fact that a couple of tribes had managed to derail a deal which would have seen the end of the Foreshore and Seabed Act.

We will keep you posted. 

TAU STUBS OUT CHANCE OF EARLY DEAL ON FORESHORE AND SEABEDBED

The Kumara vine has been pulsing this  afternoon. Our Maori sources say that a very recent meeting between Iwi and the Prime Minister John Key came perilously close to reaching a conclusion on the Foreshore and Seabed issue.

Apparently it was all good to go until Sonny Tau backed by Mark Solomon presented a set of demands that derailed the deal.  Now, while most Maori see the repeal of the Foreshore and Seabed Act as paving  they way for them to make claims for customary title, there is concern that some tribes ( put Ngai Tahu at the top of the list ) are more interested in using the negotiations to leverage mineral rights.

So the primary issue about Tikanga ( traditional ways)  -  is playing second fiddle to greed.  Principles are the first casualty.

Meanwhile, our Ngai Tahu sources say that Dr Gail Tipa's appointment to Te Runanga O Ngai Tahu board  on behalf of Moeraki means that Solomons support is further eroded. While she does not play personality politics she wont stand for any silliness either. Solomon - is still valiantly trying to hold off the day when his runaka get the chance to vote on his fate.

The rest of the iwi throughout the country  and a fair stack of  Ngai Tahu reckon that the sooner Solomon's reign is brought to an end the better for the tribe and indeed all Maori.

WHY ARE WE WAITING??

We were about to do a round up on the Ngai Tahu elections but Marty Mars has beaten us to it and done all the hard work.

Nothing has happened. Nada - zilch, zero.


The last runanga to get its shit together is that of Mark Solomon.


Its not hard really - you just need to let the people decide...

LOOKS LIKE A KURI BARKS LIKE A KURI

We were alerted to two documents that have been leaked to the Tangata Whenua.com website that show that the Foreshore and Seabed issue is in trouble.

The first we understand, is an early draft of an "alternative proposal" to the Foreshore and Seabed Act.

Its custodians are apparently the Iwi Leaders Forum.

The second is rebuttal, and although the language is a bit intemperate the premise and analysis is sound.

The " Alternative proposal" is a ( kuri ) dog .. for these reasons.

Its shows a scant understanding of property rights or commerce.

And it shows an even scanter understanding of tikanga.

It proffers a solution that is all about status – that will piss Pakeha off – but offer no real legal or commercial benefit for Maori.

The cock up with the Foreshore and Seabed act was that it did not recognise property rights or due process.

As a nation we need not fear ownership of small bits of the Foreshore and Seabed by Maori - indeed we should embrace it. With rights come responsibilities.

Instead this document is a wishy washy salve to political objectives ( note it even refers to " feel good" factors) and not a rights based approach.

What New Zealanders want is something that is fair and legally robust.

While the Iwi Leaders Forum denotes a group with mana and intellect this paper is a simplistic attempt to take more than can be morally justified but less than that which might be legally justified

It trades off the tiny bit of the foreshore Ngati Apa may have been able to get, in exchange for a nebulous bit of feel-good nonsense around the whole South Island coast line .

The fact of the matter is that there is no simplistic feel good national solution to this problem – it has to be based on the law and due process iwi by iwi

The paper was apparently written by controversial Maori strategist and influencer Sacha McMeeking.

If so we wonder how much she was paid for it?

simplistic solution to complex issue

takedown