Sunday, February 8, 2015

Mike Butler: HB paper pushes coastal claims

The Hawke’s Bay Today newspaper announced support for tribal claims for the marine and coastal area in a Waitangi Day editorial and labelled those who question the legislation and claims as “unhelpfully emotive and mischievous in the context of the ground on which we stand today”.

While editorial writer Doug Laing has every right to express his opinion in our free society, and the H.B. Today has every right to editorialise in any direction it chooses, those efforts should engage in the debate rather than labelling the criticism as “antics” and describing public meetings as “staged”.

Laing asserted that: "Waitangi Day is, indeed, a day on which we should all be thinking about how we can all contribute to a process of resolving historical grievances and issues, which in some cases can only ever be modestly addressed", implying that we should all suck it up and let claimants carry on with the claim.

Hugh Barr, who represents the Council of Outdoor Recreation Associations of New Zealand, spoke at a public meeting at Mahia on January 2. The H.B. Today was notified but did nothing until approached by Dr Barr after the meeting when Laing interviewed him.

Dr Barr noted that Laing was more interested in arguing against what he had to say rather than asking questions and taking notes. The resulting story was headlined on comments from a Hastings tribal leader.

A further meeting was held in Napier on February 2. The H.B. Today was notified and covered the meeting with a report headlined "Maori claims in HB 'echo of apartheid'".

While attacking critics of the coastal area claims, the Hawke’s Bay Today has not published any details of the areas claims made possible by the Marine and Coastal Area Act 2011, five of which concern Hawke’s Bay.

The Act allows a coastal tribe to gain customary marine title if they can show that they have exclusively occupied and used the foreshore and seabed since 1840.

Customary marine title gives tribes the right to declare areas sacred, the right to veto projects, the ability to charge fees for use of current and new slipways, wharves, aquaculture areas, marinas, and exclusive mining rights to iron-sand and minerals in the area.

Fines of up to $5000 will serve as penalty for those who go to yet-to-be-declared coastal sacred areas without permission

Ngati Porou signed an agreement with the Crown on October 31, 2008, to 200km of coast from Tatapouri beach just north of Gisborne to west of Lottin Point includes all the East Coast/Hicks Bay/East cape.

The agreement includes a atatutory overlay, a requirement for the Gisborne District Council take into account Ngati Porou interests on sustainable management, participation of the tribe in conservation, fisheries management, the right to declare areas sacred, protection for customary activities, the right to withold approval for resource consents. The agreement was done under the Foreshore and Seabed Act 2004.

Further applications confirmed

1. Hawke’s Bay between Waikari River and Poututu Stream, claimed by Toro Waaka of Ngati Pahauwera.

2. Hawke's Bay between Keteketerau and Ponui Stream out 22km, claimed by Tania Hopmans of Maungaharuru-Tangitū hapū, an inland tribe with no sign of coastal settlement.

3. Hauraki Gulf -- Kennedy/Harataunga Bay stretching northwards to the middle of Waikawau Bay and southwards to Anarake Point and out past Mercury Island, claimed by John Tamihere for Ngati Porou ki Hauraki.

4. Coromandel. -- Mataora Bay from the northern edge of Horokawa in the south to Otonga Point in the north extending out 3.5km, claimed by John Tamihere for Ngati Porou ki Hauraki.

5. Southern Taranaki between the Taungatara and Waihi rivers, claimed by Daisy Noble, for Ngaruahine.

6. Marlborough around d'Urville Island out to 12 nautical miles, claimed by Jeanette Grace of Ngati Koata.

7. Northern Kaipara (a) the east coast from Te Arai Point to Langs Beach and extending out to 12 nautical miles, (b): the northern part of Kaipara Harbour from Karaka Point to midway between the harbour mouth, seaward for 12 nautical miles, north and then back to the coast at Mahuta Gap, claimed by Deborah Harding for Te Uri o Hau.

Applications declined

1. Northland around Matauri Bay and Cavalli Islands, claimed by Richard and Maraina McGrath.

2. Bay of Plenty around Motiti Island, claimed by Umuhuri Matehaere for the Motiti Rohe Moana Trust

3. Motiti Island between Panaturi Point and Te Rua Karamea, claimed by Umuhuri Matehaere for Ngā Uri o ngā Tupuna whānau.

4. Motiti Island, claimed by Nepia Ranapia for the Korowai Kahui o Te Patuwai Tribal Council.

5. Motiti Island, claimed by Elaine Rangi Butler and Buddy Mikaere for: Ngai Te Hapu Incorporated.

6. Onauku Bay, which is part of Arapaoa Island in the Queen Charlotte Sound, claimed by Trevor Tahuaroa-Watson for the Tahuaroa-Watson whanau (Puketapu hapu).

7. Waikawa and Whatamango Bays near Picton, claimed by Trevor Tahuaroa-Watson for the Hinehau Tahuaroa/Rikawa Houra whānau, Puketapu hapu.

8. Cape Farewell to Kahurangi Point, claimed by Trevor Tahuaroa-Watson for Tahuaroa-Watson whānau and Neville Arapeta Watson.

9. Te Arai Point out to Little Barrier Island (Hauturu) and south to Leigh, claimed by Greg McDonald for the Iris Cecilia ‘Timi’ Paraone whānau.

10. Bay of Plenty between the mouth of the Waitahanui Stream, Otamarakau to Otara-o-muturangi, claimed by Ngāti Rangitihi Raupatu Trust.

High Court applications

1. Hawke’s Bay around Mahia Peninsula, claimed by Pauline Tangiora for Rongomaiwahine hapu

2. Hawke’s Bay, Whangaehu to Poroporo (Cape Turnagain inclusive), claimed by Catherine Clarkson for Poronia Hineana Te Rangi whānau.

3. Hawke’s Bay Moeangiangi 42N, claimed by Wayne Taylor on behalf of beneficial owners in Moeangiangi Part 42N

4. Tamaitemioka and Pohowaitai Islands (to the south-west of Stewart Island), claimed by Denis Wiremu Tipene for the Tipene family.

Marine and coastal area claims, Office of Treaty Settlements,

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