maori tribes claim new zealand's foreshores and seabeds

Susan Ross rscj

These prophetic words may indeed be fulfilled in 2004 if legislation proposed by the Government becomes law.

New Zealand is a small island nation in the South West Pacific Ocean. It consists of two main islands and has a population of 4,000,000 of whom 15% are Maori (indigenous people). Recently, what is virtually a 'racial crisis' has erupted because of the Maori claim to ownership of the country's foreshores and seabeds. New Zealand has a coastline of 5,650 km and all New Zealanders have a strong attachment to coastal areas - in fact, this has become part of the spirituality and customs of all groups.

And why has such a crisis occurred in a normally peaceful society? The origins of the dispute go back to the beginning of our history. When the British formally annexed New Zealand in 1840, they made an agreement with the Maori inhabitants in what has become our 'Founding Document', the Treaty of Waitangi. This guaranteed to Maori “the full, exclusive and undisturbed possession of their lands and estates, forests, fisheries and other properties which they may collectively or individually possess.” In addition, it provided that Maori were to have the same legal rights as European settlers and that all land sales should be made through the Crown. Truly laudable but not consistently honoured in the years to come, as may be seen from the fact that by 1986 Maori land ownership had fallen from 100% to 1.2%! (However, this rose to 5% by 2000, as the result of a policy of returning to Maori land that is proven to have been taken/confiscated unjustly.)

The present claim to foreshores and seabeds arose when Maori were refused permission to develop marine industries e.g. aquafarming, along certain sea coasts when such permission had already been granted to non-Maori. This, according to Maori, was a breach of their customary rights under the Treaty of Waitangi. Therefore, they, who had never denied non-Maori access to foreshores or seabeds, claimed ownership over these to ensure the possibility of development of marine industries by Maori. Next, an inflammatory political speech on the issue, caused panic among Pakeha New Zealanders who feared that access for any purpose, even recreational, would be barred. The Government, mindful of approaching General Elections, tried to avert a crisis by rushing through 'compromise legislation' vesting ownership of foreshores and seabeds in the Crown, thereby “securing the rights” of all New Zealanders, Maori and Pakeha. As is customary in issues specifically affecting Maori, gatherings of Maori were held throughout the country at which the proposed legislation was presented. The response was a resounding “No”. Maori could see that their rights under the Treaty were being extinguished without genuine negotiation or compensation. Moreover, it is obvious that the legislation would not only breach the Treaty of Waitangi and New Zealand law but also the international conventions dealing with Human Rights, Racial Discrimination, Civil and Political Rights, Rights of Indigenous Peoples.

Not solely Maori, but many Pakeha decried such legislation and a protest movement began. The first step was the lodging of written submissions against the legislation. Over 5,000 of these were received, some from individuals and many from groups, including the Catholic Bishops, Congregational Leaders, Justice and Peace organisations. In addition, there was a “hikoi” (march/pilgrimage) when people from all parts of the land, led by Maori warriors in native costume complete with spears, converged on the House of Parliament to have their grievance heard. (Actually, it says a lot for the quality of our race relations in that there was never a fear of physical violence! Though there was a strong but low key police presence.)

The next stage occurred when the thousands of submission writers claimed their right to speak to their submissions. It has proved (as we hoped!) impossible for the Government to arrange this within the time available and now complaints have been lodged with the Human Rights Commission that citizens have been denied due legal process. In the meanwhile, a final hikoi is being organised. This time the venue is Auckland, New Zealand's largest city, where 1/3 of the country's population is concentrated. A fleet of 'waka' (Maori canoes) from around the country, ranging from large war canoes to smaller fishing craft, will come down the harbour and the paddlers will join the marchers on their way to historic Orakei Marae (Meeting House and its surrounding grounds).Orakei is the seat of Auckland's Ngati Whatua tribe and has been the scene of significant past events in the struggle of Maori for their rights.

Where to from here? Many alternatives to the proposed legislation have been offered. Their common theme is “Let the Foreshore and Seabed Bill be withdrawn and let us develop a new future where the world of the Maori with its traditional wisdom and way of being can meet the liberal Western heritage in a spirit of generosity and respect. Let us create the conditions for shared responsibility in democratic governance.”