Tuesday, September 07, 2010



Fishhooks on the foreshore

It seems the government's Marine and Coastal Area (Takutai Moana) Bill has a nasty fishhook: a six-year time-limit on applications for customary rights. National has inserted this because it wants finality. But as with its time-limit on Treaty claims, there is a real chance that it will come at the expense of justice, and be used as a procedural barrier to claims and the righting of past wrongs.

Fortunately, it is easily fixed. And if it isn't done at select committee or at the committee stage, then the Māori Party will just bring a member's bill on the issue. Or relitigate it through the coalition process after the next election. Either way, if there's any real chance of iwi and hapu missing out, I don't expect it to last.

(The government may have an interest in extending it anyway, as claimants are eligible for legal aid. Removing the time limit would save money in the short-term, by not concentrating the cost of claims).

Meanwhile, The Standard takes issue with the Maori Party's approach of conditional support for the legislation and their intention to tweak it later. This is another example of the quest for finality encapsulated above. But what Eddie (and a host of others, including John Key) do not understand that their opinions on this do not matter. They can stamp their foot and say "its over" as often as they want - but until Māori get a fair deal, they will keep raising the issue (and, in the case of the Māori Party, applying pressure through the coalition process). The only thing that makes it go away is justice. And where that is lacking, progressives should not expect the victims to stay silent and meekly accept it.