Post by Kiwi Frontline on Dec 11, 2017 3:58:46 GMT 12
RAHUI TO YOU TOO
The essential issue here is that a rāhui in itself has no legislative powers. It needs to be backed up by an Act of Parliament to confer the power of enforcement. Normally the relevant Minister has the discretion to give effect to the intention of the rāhui - to restrict access - via an Order in Council.
So its importance is largely one of influence - being able to influence a Minister (or local council if the land is owned by a local authority).
The use of rāhui becomes more of an issue in the context of the 580 claims by iwi/hapu regarding the ownership of the marine and coastal area. Of these, 380 claims have been referred to the Minister of Treaty Negotiations who will decide whether customary rights exist. The Minister is likely to ask for public submissions on each of the claims that are accepted for consideration, although the Minister alone will decide and there is no appeal process. The other 200 claims have been referred to the High Court. In those cases, those who file a Notice of Appearance as an interested party (and pay $110 per claim) can be involved in the court process and have the right of appeal.
The claims cover the entire New Zealand coastline and the seabed extending out 12 nautical miles out from the coast to the edge of the Territorial Sea. In most cases there are multiple competing claims for the same area. I will provide greater detail about each of the claims in the Whangarei District in a future article. The list of claims has been requested from local councils.
The issue is an important one to residents, particularly in Northland, where multiple claims have been lodged for the harbours, coastline and seabed. Should title for those areas pass to Maori interests (and in many cases that decision will be made by the Minister of Treaty Negotiations alone) then private property rights would be conferred to the iwi/hapu concerned. Many of the claims make reference to rāhui – claimants want the right to impose rāhui at their discretion.......
Read Frank Newman’s full informative article here > breakingviewsnz.blogspot.com.au/2017/12/frank-newman-rahui-to-you-too.html
The essential issue here is that a rāhui in itself has no legislative powers. It needs to be backed up by an Act of Parliament to confer the power of enforcement. Normally the relevant Minister has the discretion to give effect to the intention of the rāhui - to restrict access - via an Order in Council.
So its importance is largely one of influence - being able to influence a Minister (or local council if the land is owned by a local authority).
The use of rāhui becomes more of an issue in the context of the 580 claims by iwi/hapu regarding the ownership of the marine and coastal area. Of these, 380 claims have been referred to the Minister of Treaty Negotiations who will decide whether customary rights exist. The Minister is likely to ask for public submissions on each of the claims that are accepted for consideration, although the Minister alone will decide and there is no appeal process. The other 200 claims have been referred to the High Court. In those cases, those who file a Notice of Appearance as an interested party (and pay $110 per claim) can be involved in the court process and have the right of appeal.
The claims cover the entire New Zealand coastline and the seabed extending out 12 nautical miles out from the coast to the edge of the Territorial Sea. In most cases there are multiple competing claims for the same area. I will provide greater detail about each of the claims in the Whangarei District in a future article. The list of claims has been requested from local councils.
The issue is an important one to residents, particularly in Northland, where multiple claims have been lodged for the harbours, coastline and seabed. Should title for those areas pass to Maori interests (and in many cases that decision will be made by the Minister of Treaty Negotiations alone) then private property rights would be conferred to the iwi/hapu concerned. Many of the claims make reference to rāhui – claimants want the right to impose rāhui at their discretion.......
Read Frank Newman’s full informative article here > breakingviewsnz.blogspot.com.au/2017/12/frank-newman-rahui-to-you-too.html