A leading treaty lawyer says the coalition Government is being guided by anti-Māori sentiment rather than the law in its decision to overturn a Court of Appeal interpretation of the Marine and Coastal Area Act court decisions.
Treat of Waitangi Negotiations Minister Paul Goldsmith has flagged a law change to set the bar higher for claims to Maori customary title over areas of foreshore and seabed.
He says a court decision last year gives too much power to iwi and hapū on resource consents.
Māori Law Review founding editor Tom Bennion says while the coalition and particularly New Zealand First claims what’s happening was not how the law was intended to work when it was passed in 2011 by the John Key Government, the judges are making their decisions based on what’s in the Act.
“It’s hard to move away from the idea those words, ‘we’re trying to find parliament’s original intent,’ are hiding a view that they just don’t agree with some of the decisions of the court. If that’ their view they should say It openly. ‘We think too much is being given to iwi applicants. We think less should be given to them.’ But they’re hiding behind those words,” Mr Bennion says.
