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.

WHAT LIES BENEATH

We make not secret of the fact that we support discrete mining in National Parks - if thats where the gold, silver, tin, coal and rare earth minerals lie.

Now there has been a bit on nonsense reported here and there that Maori wont want a bar of the mining proposals. We have said all along that there is much Maori land butting up to National Parks and some of the sites that will be prospected.

One we know very very well is Rakiura, Stewart Island.

Rakiura became a National Park after a deal was done with Rakiura Maori Land Trust in 1999 to forgo the right to log the trees on the Lords River Blocks. The trustees got about $11 million and the land was managed " as if it were a National Park. " It then formed the anchor and the argument for the rest of Stewart Island to become a National Park.

So we are hoping like the trustees of the past deal who made the best of a once in a lifetime opportunity that the new Rakiura Trustees are open minded to the possibility of mining the Lords River and some of the other land parcels under their guardianship.

What needs to happen is that the Trustees need to talk to the government about checking out what lies beneath Trust land. The Waitutu Incorporation and some of the other Maori Trusts in the Catlins and western Southland and Hokonui and Waimumu need to think about the opportunities as well.

The best decisions are made with the most facts at hand.
Piggy backing on the governments prospecting seems a sensible thing to do.

To completely disregard the opportunity would be to disenfranchise future generations of Rakiura beneficiaries.To say no before all the facts are known would be a travesty as the trustees are obliged to ensure that all opportunities are explored, analysed and tested.

And the current trustees need not fear the wrath of the Mayors. They did not like the Lords River deal much either until they were made to understand that what was good for Rakiura Maori was good for all of Southland.

This is an opportunity that must be seized upon. There are risks but the rewards could be great.