Mapp Wayne: Questions for Oral Answer — Questions to Ministers Questions to Members Questions to Ministers 
Mapp Wayne: Questions for Oral Answer — Questions to Ministers Questions to Members Questions to Ministers 
[Volume:615;Page:11512] 
11.  
Dr WAYNE MAPP (National—North Shore) 
 to the  
Associate Minister of Justice 
: Why is the Government establishing 16 working-groups with local authorities and whanau hapu and iwi to “enhance participation opportunities … in decision making processes affecting the coastal marine area” given her statement on 18 February that Maori will only have “the methods of communication that are already provided for in the Resource Management Act”? 
Hon MARGARET WILSON (Associate Minister of Justice) 
: 
 The Government is currently reviewing a number of options to improve decision making under the Resource Management Act. 
Dr Wayne Mapp 
: How can the Minister state that Maori will have no more consultation rights than they already have when paragraph 97 of the December proposals specifically refers to the establishing of the 16 working-groups to “enhance participation opportunities”? 
Hon MARGARET WILSON 
: That statement referred to existing obligations to consult with tangata whenua and to making them more effective which is what is being required by everyone. 
Mita Ririnui 
: What are the current requirements of the Resource Management Act in relation to consultation with tangata whenua? 
Hon MARGARET WILSON 
: Clause 3(d) of the first schedule states that during the preparation of a proposed policy statement or plan the local authority shall consult amongst others the tangata whenua of the area who may be so affected through iwi authorities and tribal runanga. I do note that that legislation was passed in 1991. 
Rt Hon Winston Peters 
: In the interests of consistency would the Minister tell the House whether there is any difference in principle or substance between the Government’s policy in this area and the Mahi a Iwi policy which “involves working in partnership with iwi or tribal groups” as enunciated by the National Party in 1999? 
Mr SPEAKER 
: Could the member just repeat the question so that I can see that it is in order and that the Minister has responsibility. 
Rt Hon Winston Peters 
: I am asking the Minister whether there is any difference in principle or substance between the Government’s policy as enunciated here and the Mahi a Iwi policy involving “working in partnership with iwi or tribal groups” as established by the National Government in 1999. 
Hon MARGARET WILSON 
: No. In principle it is the same policy which is why I am surprised at the Opposition’s questioning. The only explanation I can give is that we do want to improve it and the Opposition wants mediocrity. 
Deborah Coddington 
: Will Pakeha marine farmers and private jetty owners—for example families who own baches in the Marlborough Sounds—be included in these working-groups now that the Government is telling us that it has abandoned race distinctions and is looking only at need; if not why not? 
Hon MARGARET WILSON 
: Under the current legislation upon which the Government’s proposals are based a local authority can consult anyone and does and that is best practice. Precisely how local authorities do that varies from council to council and that is why central government is endeavouring to assist the councils to improve consultation for everyone. 
Dr Wayne Mapp 
: How can the Government maintain this fiction that all it is doing is improving the Resource Management Act when in fact it is establishing Maori customary title over virtually the entire coastline? 
Hon MARGARET WILSON 
: Maori already have customary title over the whole coastline. The member is again confusing customary title with customary rights. 
Stephen Franks 
: Under what authority or court decision does the Minister decide that Maori already have customary title over most or all of the coastline and if that is now going to be written into further legislation when will the Government move to remove the race discrimination in the Resource Management Act or any other legislation? 
Hon MARGARET WILSON 
: According to Maori customary rights they have a connection with particular areas of the coastline. In that sense it does not need legislation from their perspective. [ 
Interruption 
] Well it does not. [ 
Interruption 
] Good exactly. However we have been endeavouring to give an opportunity to clarify that so that we can improve their participation in decision making relating to the management of it. It is as simple as that. 
Dr Wayne Mapp 
: Could the Minister now explain then why the Government is even proposing legislation as it appears from her previous answer that Maori say they already have customary title? 
Hon MARGARET WILSON 
: That is because the whole issue is about customary rights not customary title. 
Rt Hon Winston Peters 
: In the interests of exposing the DNA behind this policy I seek leave to table National’s 1999 action plan. 
Document by leave laid on the Table of the House. 
Gerry Brownlee 
: On the basis that Margaret Wilson the Attorney-General has today told the House that the Government believes that Maori currently have customary title to the seabed and foreshore—a revelation that I am sure comes as news to most people in this House and indeed to most of those who have been commentating on this issue since the outset—I seek leave for there to be an urgent debate on this matter immediately following question time. 
Mr SPEAKER 
: Leave is sought for that. Is there any objection? There is.