Claimant and Ngāti Wai iwi leader Aperahama Edwards. Photo: Tania Whyte / Northern Advocate
The Waitangi Tribunal has hit out at the government for blindly adhering to its coalition agreement by making it harder for Māori to get customary marine title.
The tribunal on Friday released the first part of its report into proposed changes to the Marine and Coastal Area (Takutai Moana) Act, announced in July.
The scathing document is the result of an urgent inquiry by the tribunal in August. The tribunal found the government dismissed official advice, failed to consult with Māori and breached a number of principles, including active protection and good government.
Claimant and Ngāti Wai iwi leader Aperahama Edwards said he was hearterned by the report's findings and the speed in which it was produced, given the tight time frame.
Edwards said he was not surprised by the tribunal's findings, which align with what Ngāti Wai had been saying for a long time.
"Our connection to the moana, seabed, takutai moana, is intrinsic to our identity. Ngāti Wai is absolutely committed to ensuring our mana tuku iho rights."
Edwards reiterated a conversation he had with Justice Minister Paul Goldsmith at an Iwi Leader Forum meeting earlier this year, which saw Ngāpuhi walk out when the government arrived.
"Ngāti Wai will never accept the minister, Crown or the kāwanatanga exercising an authority we do not believe they possess."
He said Ngāti Wai would begin considering the 'next steps' in fighting the government's plans.
Season-Mary Downs, director of Māori firm Tukau Law and author of a doctorate on the kaupapa, told RNZ the Takutai Moana Act was not a recognition what Māori were entitled to, but instead a reflection of what the government of the day felt Māori were entitled to.
"What they are trying to do with the proposed amendments is ensure that very few Māori achieve their customary rights to the takutai moana.
"The policy is racial, it is prejudicial, and that is what the findings of the tribunal have found."
The report said the government breached the principle of active protection and good government by failing to properly demonstrate "Parliament's original intent" and sought to amend the Act before the Supreme Court could hear the matter.
Downs said it was an example of the tribunal's language getting stronger.
"It is saying to [the government], 'If you continue to proceed, you are breaching your lawmaking function.' Those are very serious findings.
"I think these findings are sit [among] a raft of reports which are now scrutinising coalition government policies that impact Māori. It's not just about [the Marine and Coastal Area Act] - there are many other legislative amendments that impact Māori rights - this is the latest."
Te Pāti Māori co-leader Debbie Ngarewa-Packer said she was concerned this could see further confiscation of Māori land.
"Our concern is the way that the government is doing [this]... it is completely prepared to remove the rights of tangata whenua, to give licence to its exploration and exploitation agenda."
Ngarewa-Packer said despite iwi winning in the courts for years, one of the final pillars of government accountability was being completely removed. She said the law change could lead to unrest and protest.
Goldsmith declined RNZ's interview request, giving a short statement instead.
"The government remains firm in its position. The threshold for customary marine title is not impossible to meet, but was set high intentionally by Parliament due to the valuable rights that come with [customary marine title]."