52 S e cti o n One – General Some foreshore and seabed agreements and deeds land, was established to ease some of the restrictions on of settlement have been reached. Negotiations were development. This scheme is the most recent of several suspended while a review of the Foreshore and Seabed programmes designed to assist Mäori owners in this Act 2004 took place. The Government indicated that it respect, including schemes from the 1940s to the 1990s would keep faith with negotiations concluded under the of the Department of Mäori Affairs, Housing Corporation 2004 Act. In June 2010 the Government announced its of New Zealand and Housing New Zealand Limited. decision to repeal and replace the 2004 act, enabling Mäori to have their rights determined in court or through Recognition of rights in the foreshore settlement negotiations. and seabed Protection and development of Mäori land Te Ture Whenua Mäori Act 1993 gives the Mäori Land Court substantial powers to promote the retention of land with Mäori owners, facilitate its utilisation and protect wähi tapu. In 2003, the Court of Appeal decision in Ngäti Apa v Attorney-General held that legislation must be explicit if it is to extinguish customary rights to land (in this case, the foreshore and seabed). 24 The subsequent controversy about that decision led to the passing of the Foreshore and Seabed Act in 2004, which vested title to the foreshore and seabed in the Crown and effectively There are now around 1.5 million hectares – about extinguished Mäori rights. It did provide a settlement 6 per cent of the total land area – of Mäori land in process, under which a few iwi reached agreements with New Zealand. Most of this remaining Mäori land is in the Crown. Waiariki (Bay of Plenty), Tairäwhiti (East Coast) and Aotea (Manawatu/Wanganui/Taranaki), although activity in the court occurs throughout the country and can be highly contested in areas where there is less land. Mäori land generally has multiple owners, with 10 per cent of Mäori land having as many as 425 owners. As owners die and their descendants succeed to their interests, the number A review of the widely criticised act was conducted in early 2009. Following a series of nationwide consultation hui, the panel reported in July that the act should be repealed and a replacement developed. The panel recommended that a new act be based on the Treaty of Waitangi partnership. It should acknowledge that of owners of Mäori land increases and the fragmentation customary rights in any particular area belong to hapü of Mäori land ownership continues. Te Ture Whenua Mäori and iwi, and that these are property rights and should Act 1993 attempts to provide some relief from these not be lightly removed. Further recommendations effects in the form of ahu whenua trusts, whänau trusts included restoring access to the courts to determine and whenua topu trusts. customary rights and providing reasonable access. The It is estimated that up to 80 per cent of Mäori land is inarable and can support only a limited range of productive uses, or is located in remote areas. Up to 30 per cent of Mäori land could be landlocked, lessening its viability because of access issues. 23 Most of the 27, 411 blocks of Mäori land are now registered under the Land Transfer Act 1952, following completion of the Mäori Freehold Land Project (2005–10). panel proposed two options for the apportionment of customary and public interest: regional or national settlements, or a mix of the two. In 2010, following discussions with iwi leaders, the Government announced its proposal for a new regime and embarked on a programme of discussion. The Government has affirmed its intention to repeal the act and establish a replacement regime that would place the foreshore and seabed in the public domain; create avenues for iwi and hapü to In 2009 the Käinga Whenua scheme, designed to help seek customary title; and recognise ‘mana tukuiho’ in the Mäori landowners build houses on multiply owned Mäori foreshore and seabed. 23 Office of the Controller and Auditor-General of NZ (2004), Report of the Controller and Auditor-General: Mäori Land Administration: Client Service Performance of the Mäori Land Court and Mäori Trustee (Wellington: The Audit Office), March, part 2: Maori land, section 2.12. Accessible online at http://www.oag.govt.nz/2004/maori-land-court/part2.htm 24 In this instance, customary rights mean the rights Mäori held, according to their own laws, prior to colonisation and which have survived in some form to the present day.