Post by Kiwi Frontline on Jan 24, 2018 2:40:22 GMT 12
THE BEACHES ARE BECOMING A BATTLEGROUND
The use of rahui 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 from the coast to the edge of the Territorial Sea. In most cases there are multiple competing claims for the same area. In essence, the claims are for ownership and absolute and uninterrupted rights to extract the resources (shellfish, fish, minerals, etc), impose levies, restrict access, and so on.
The applicants appear to be claiming ownership on the grounds that they have occupied the area in accordance with tikanga since before 1840, and they have used and occupied the area from 1840 to the present day without substantial interruption. The statutory test of “exclusive” use and occupation is likely to be a critical point of legal debate in this current round of claims.
Unfortunately court rulings on the matter of aboriginal title have been contradictory and political interference has added to the confusion. The end result is the current legal gravy train where a multitude of lawyers are extracting eye-watering fees, funded by taxpayers.
All of this works against those who wish to have a say in the process. It is very difficult to find the detail of the claims, and a layperson would find it impossible. To find the claims one must first obtain the case (CIV) reference number from your local council (and in our case our local council was not able to provide all of the CIVs) and then contact the High Court and ask for the claim details.
Something that could be very easily posted on a website by the local council or the High Court, isn’t.
This issue is important. If you think access to beaches and harbours will remain freely available as they are now, then think again. It will be at the whim of the Maori owners whether there is a rahui in place and you too will be confronted by an individual saying, “Clear off…You can’t swim here, you can’t fish here, you can’t play on the beach, so get out of here”......
Read Frank Newman’s full NZCPR guest commentary here > www.nzcpr.com/the-beaches-are-becoming-a-battleground/
The use of rahui 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 from the coast to the edge of the Territorial Sea. In most cases there are multiple competing claims for the same area. In essence, the claims are for ownership and absolute and uninterrupted rights to extract the resources (shellfish, fish, minerals, etc), impose levies, restrict access, and so on.
The applicants appear to be claiming ownership on the grounds that they have occupied the area in accordance with tikanga since before 1840, and they have used and occupied the area from 1840 to the present day without substantial interruption. The statutory test of “exclusive” use and occupation is likely to be a critical point of legal debate in this current round of claims.
Unfortunately court rulings on the matter of aboriginal title have been contradictory and political interference has added to the confusion. The end result is the current legal gravy train where a multitude of lawyers are extracting eye-watering fees, funded by taxpayers.
All of this works against those who wish to have a say in the process. It is very difficult to find the detail of the claims, and a layperson would find it impossible. To find the claims one must first obtain the case (CIV) reference number from your local council (and in our case our local council was not able to provide all of the CIVs) and then contact the High Court and ask for the claim details.
Something that could be very easily posted on a website by the local council or the High Court, isn’t.
This issue is important. If you think access to beaches and harbours will remain freely available as they are now, then think again. It will be at the whim of the Maori owners whether there is a rahui in place and you too will be confronted by an individual saying, “Clear off…You can’t swim here, you can’t fish here, you can’t play on the beach, so get out of here”......
Read Frank Newman’s full NZCPR guest commentary here > www.nzcpr.com/the-beaches-are-becoming-a-battleground/