June 30, 2020
Crown has conflict in foreshore rights process
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The crown has been told to start properly funding the process it created for iwi and hapū to establish customary rights in the foreshore and seabed.
The Waitangi Tribunal has also criticised the complex and confusing state of policy around the Marine and Coastal Areas (Takutai Moana) Act, which allows claimants to either negotiate directly with it for their rights or ask the High Court for a declaration.
Ngātiwai claims manager Tania McPherson says the tribunal has confirmed the system put in place to replace the Foreshore and Seabed Act was unfair, and there is a serious conflict of interest,
"The crown is not just in that position in relation to the MACA (Marine and Coastal Area Act) applications. It is also in that position with regard to all treaty settlement negotiations where it both funds the process and also participates in the negotiations. That raised big questions about the future of treaty settlement negotiations in addition to MACA applications," she says.
Ngātiwai is now looking forward to the second part of the hearings, which will look at whether the Marine and Coastal Areas Act itself is in breach of the Treaty of Waitangi.
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