Who owns the Country's foreshore and seabed?

According to foreshore and seabed Act 2004 the crown does, but is this decision unfair towards the several Maori groups that claim that Maori are entitled to seek "customary title" over areas of New Zealand's foreshore and seabed?. Taking into consideration that these claims are based around historical possession and the Treaty of Waitangi , should we consider the validity of these Maori rights or should we think of New Zealand as a new consolidated nation where every citizen Maori or European decedent carry the same rights and privileges?

A review of the Foreshore and Seabed Act 2004 is being undertaken to determine whether the Act adequately maintains and enhances mana whenua. It will also ensure that both customary and public interests in the coastal marine areas are recognized and provided for. The Foreshore and Seabed Act has proven to be one of the most contentious pieces of legislation in recent history. It is important that government takes the time to consider all issues carefully to strike the appropriate balance between customary interests and the interests of the wider public.

The Crown vs Maori Tribes

We now have an agreement between the Māori Party and the National Party to find a satisfactory solution protecting the interests of all New Zealanders and recognizing customary rights, so they are looking to broaden the shape of the regime that will replace the Foreshore and Seabed Act 2004, even thou the task of finding a happy medium seems quite hard to achieve.

Prime Minister John Key said "It has been my view as prime minister that it's important for the nation to settle these issues so it does not remain as a weeping sore," He also has said he thinks an "elegant" solution can be found, but he has warned Maori not to expect too much. Under the deal, Maori can apply for customary rights either through direct negotiations with the Crown or through court processes. However, no part of the foreshore or seabed can be sold under the law, which it is hoped will be passed through parliament by the end of the year.

The proposals are certainly an improvement on the Foreshore and Seabed Act 2004. But then, almost anything would be. It is difficult to discern in these proposals any real shift in the Crown’s attitude to Māori interests in the foreshore and seabed.

Ongoing Debate

Why is this topic creating so much controversy? What are people afraid of? Well I am going to say this is the real root of the matter: fear, fear to lose power/mana. For Maori people; fear to lose ownership of a land that slowly has been snap away from their ancestors and legacy, for the Pakeha; fear to lose the freedom that they have enjoyed until now of moving around New Zealand without any restrictions.

When Marlborough Maori corporate interests wanted to claim their share of fisheries rights, this exposed the hypocritical stance of many New Zealanders in that if you are Pakeha, you wouldn't care who was casting a line on the coast for commercial reasons but if you are Maori, oh no, don't go there, it's discrimination!

Some New Zealanders would have encountered the 'no trespass' sign near privately owned coastal foreshore properties over the years. I would imagine that, in this case, if they were Pakeha, they would have grumbled a bit and walked away for fear of attracting the owner's criticism. On the other hand, if the landowners happened to be Maori iwi or hapu (as a small minority happen to be), then if they were Pakeha, they might have ignored the trespass sign by saying "These bloody Maoris won't tell me what to do! I'll go on the beach if and when I want to. We're all New Zealanders, you know!" I just would imagine.... for me this would be the typical scenario.

Is this racism, selfishness or New Zealanders (Maori and Pakeha) really feared for the well being of New Zealand and its people?

The Solution

We as a country may never find a real solution but unless here there is always room for a discussion, Indigenous people can have a say and are heard, we are a democratic society where together we can see the bigger picture and find ways to find benefit for both sides.

My solution would be that access to the foreshore and seabed would be open but with the condition that Maori customary and ownership title could be assumed through treaty settlement. As I feel that honoring the Treaty is a social justice issue, then Maori should be able to do that so long as the profits of any economic activity so derived from the foreshore and seabed are democratically controlled and collectively shared amongst ordinary whanau, hapu and iwi members in order to provide sustainable jobs and income. I would even favor (if it was possible) joint Crown-Maori ownership of the foreshore and seabed. This concept was discussed during the original debate but was shot down as an option but for me this would be the happy medium that desperately New Zealand is looking for.

References

Russell McVeagh Law Firm (2010). Foreshore and Seabed Act 2004. Retrieved from http://www.russellmcveagh.com/_docs/RMForeshoreSeabedUpdateApr2010_288.pdf

New Zealand History Online. Treaty of Waitangi. Retrieved September 13, 2010, from http://www.nzhistory.net.nz/category/tid/133

Health Promotion Forum of New Zealand (2005). Human rights, Indigenous rights and Maori rights. Retrieved from http://www.hpforum.org.nz/resources/RiripetiHaretuku.pdf

Define:mana whenua, Google Web Search. Retrieved September 13, 2010, from http://www.google.co.nz/search?hl=en&rlz=1T4ADBR_enNZ319NZ323&defl=en&q=define:mana+whenua&sa=X&ei=xgOfTP5Eht69A7DsjaoN&ved=0CBgQkAE

The official website of New Zealand Government (2010). Repeal of Foreshore and Seabed Act announced. Retrieved September 26, 2010, from http://www.beehive.govt.nz/release/repeal+foreshore+and+seabed+act+announced

Hon John Key. About John Key. Retrieved September 26, 2010, from http://www.johnkey.co.nz/pages/bio.html

Urban Dictionary (online). Pakeha. Retrieved September 26, 2010, from http://www.urbandictionary.com/define.php?term=pakeha

(Untitled photograph of a "No Trespassing" sign) (n.d) Retrieved September 26, 2010, from http://www.angrygaypope.com/gold/gold_security_gallery/images/no_trespassing_stencil.jpg
Elections New Zealand. New Zealand's system of government - an overview. Retrieved September 26, 2010, from http://www.elections.org.nz/elections/system-of-government.html

Dr Myron Friesen. Perceptions of social justice in New Zealand. Retrieved September 26, 2010, from http://www.socialjustice.co.nz/social_justice_excerpt.pdf