Taxpayers pay huge legal bill for iwi/hapu claims to Whangarei harbour

The second stage of the Māori claim for ownership of the Whangarei Coast is expected to cost taxpayers many millions of dollars in legal costs, and this is just one of 203 claims before the High Court. The hearing is scheduled to start on the 22nd of July. (The first stage for the Whangarei Harbour only, is currently being heard by the High Court in Whangarei.)

Under the Takutai Moana Financial Assistance Scheme introduced by the John Key National Government, iwi and hapu making claims for customary marine title of the foreshore and seabed may have their legal costs reimbursed by taxpayers. 

That funding assistance has been ongoing since 2013. Last year, the available pool was increased to $12m a year but the claims for assistance have greatly exceeded the funds available. It is understood that in mid-April, the coalition government allocated a substantial one-off payment to meet the shortfall. 

The total cost to fund Māori applicants is expected to run into many hundreds of millions of dollars, with some estimates predicting it may cost taxpayers as much as $500 million to hear all of the claims before the courts. 

Ironically, the coalition government is on one hand sacking workers to save money, but on the other dishing out many millions of dollars to fund the legal fraternity to claim ownership of the foreshore and seabed.

What does customary ownership mean?

A briefing paper presented to the new Associate Minister for Treaty of Waitangi Negotiations says this about the benefits to iwi and hapu of gaining Customary Marine title to the foreshore and seabed. They say, it gives the title holder:

• The right to say yes or no to certain activities that need resource consents or permits.
• The right to seek recognition of wāhi tapu and wāhi tapu areas and restrict access if this is necessary.
• The right to ownership of minerals other than petroleum, gold, silver, and uranium.
• The right to create and lodge a planning document for the management of natural and physical resources, which then must be taken into account by local authorities and relevant government agencies.

If customary rights are recognised, the rights holder(s) may carry out the activity without the need to have a resource consent, and local authorities cannot grant resource consent for any activity that would have an adverse effect on the exercise of the protected customary right (with some exceptions).

Customary marine titles cannot be sold. Public access, fishing, and other recreational activities in a customary marine title area are unaffected (except in wāhi tapu status or where a temporary ban is imposed under the Fisheries Act).