Ngāti Ruanui is demanding that Parliament’s justice committee ejects the controversial Marine and Coastal Area (MACA) (Takutai Moana) (Customary Marine Title) Amendment Bill.
The iwi claims Justice Minister Paul Goldsmith ignored advice from Te Arawhiti, while also saying it wasn’t consulted on the policy that underlies the bill.
This comes after public submissions for the bill closed on Tuesday night.
Te Rūnanga o Ngāti Ruanui Trust kaiw’aka’aere Rachel Arnott, called the bill an “abomination and embarrassment” to all who took part in it.
“Cherry-picking anecdotal evidence to reimagine the original intent is a far cry from the evidence-based approach to policy the government once touted.
“This is an affront to the commitment the Crown made to Ngāti Ruanui as part of our settlement to atone for [past] wrongs and to begin the process of healing.
‘Particularly dishonourable’
“The failure to consult with us, and others, who have spent months and years preparing for hearings that are imperilled by the content and timing of the bill is particularly dishonourable.”
Under the current at, Māori can secure legal recognition of their customary interests through customary marine title (CMT) or protected customary rights. Māori can apply two different ways, either through the High Court or with the Crown, or both.
The coalition-proposed amendment bill seeks to define the applicable requirements for recognition of customary marine title, namely requirements for, and proof of, exclusive use and occupation of a specified area. The bill also seeks to alter aspects of the law expressed in judgements specified in the bill.
In September this year, the Waitangi Tribunal found the government was in breach of the Treaty in many ways on this issue.
It said officials were ignored, processes were rushed, and important steps were not taken. The coalition failed to follow a “transparent and evidence-based approach” when making this amendment.
The tribunal said the approach to policy development was instead characterised by ideology and blind adherence to pre-existing political commitments at the expense of whānau, hapū, and iwi.
‘Rights being effectively removed’
“The Waitangi Tribunal didn’t mince its words when it called the Bill a “gross breach of the Treaty” and an “illegitimate exercise of kāwanatanga”.
“Our rights are not just being eroded but are being effectively removed by this government once again,” Arnott said.
Ngāti Ruanui taiao officer Graham Young said the bill fell short not only by Te Tiriti standards.“ It also undermines fundamental constitutional principles including the separation of powers between the executive, legislation and court
and the presumption against retrospective legislation.
“The effect of the amendments will be to deprive applicants of their property rights without compensation,” Young said.
Goldsmith responded by telling Te Ao Māori News that differing opinions were to be expected.
“However, the select committee process provides an opportunity for different opinions to be heard.
“The government remains firm in its position. The threshold for customary marine title is being restored to how it was set in 2011. This threshold is not impossible to meet but was set high intentionally by Parliament due to the valuable rights that come with CMT.”
Ngāti Ruanui is seeking urgent consultation with the Crown on changes to its rights and interests within the coastal marine area.