Wed Sep 25 02:47:40 UTC 2024: ## Government Rushes Through Bill Restricting Māori Land Claims, Labour Raises Concerns
The Labour Party has criticized the government’s decision to fast-track legislation that will make it more difficult for Māori to gain customary title (CMT) over foreshore and seabed areas. The bill, which passed its first reading on Wednesday, aims to overturn a Court of Appeal ruling that effectively lowered the threshold for obtaining CMT.
Treaty of Waitangi Negotiations Minister Paul Goldsmith justified the expedited timeframe, stating that affected litigants need certainty sooner. He wants the select committee to report back by December 5th, claiming that the current uncertainty, stemming from the Court of Appeal decision, has lasted almost a year.
However, Labour MP Arena Williams argues that the timeframe is inadequate for comprehensive public consultation. She highlighted the substantial number of submissions received during a similar law change in 2011 and expressed concern that the select committee process, under this tight deadline, will prioritize experts over the voices of affected individuals whose rights could be extinguished by the legislation.
The government’s move to overturn the Court of Appeal ruling has been met with strong opposition from Māori communities and iwi, who view the government’s actions as anti-Māori. The legislation is aligned with the National-New Zealand First coalition agreement, but it is likely to further fuel tensions between the government and Māori groups.
The Court of Appeal’s decision criticized one of the conditions for CMT – the requirement of exclusive use and occupation without substantial interruption since 1840 – stating that it could not see how Parliament had intended such a restrictive test.
Goldsmith maintains that the Court of Appeal made an “error” and that the bill is necessary to restore the intended test established in the 2011 act. He emphasizes the need for a balance between the strength of the CMT test and the associated rights.
Labour’s Māori Crown Relations spokesperson, Peeni Henare, criticized the lack of consultation with Māori on an issue that directly impacts them, calling for a thorough select committee process to allow for public input.
National MP James Meager, chair of the Justice select committee, sees the legislation as a way of reaffirming parliamentary sovereignty.
This bill is expected to face significant scrutiny and opposition from Labour, with the party pledging to challenge it at every stage.
First Piper 