Mapp Wayne: Questions for Oral Answer — Questions to Ministers  
Mapp Wayne: Questions for Oral Answer — Questions to Ministers  
[Volume:615;Page:11003] 
4.  
Dr WAYNE MAPP (National—North Shore) 
 to the  
Attorney-General 
: How does she distinguish between Maori customary title and Maori customary rights in the Government’s foreshore and seabed proposals given that last week she told the House that “a customary right is a property right”? 
Hon MARGARET WILSON (Attorney-General) 
: 
 A Maori customary title recognises the mana whenua—that is the ancestral connection between a specific iwi hapu or whanau and the coastline. No property right attaches to it. A customary right relates to the customary use. That is a property right. 
Dr Wayne Mapp 
: Does the Government’s proposal therefore mean that Maori customary title is likely to be granted over virtually the entire coastline provided iwi hapu or whanau can prove mana and ancestral connection to the foreshore and seabed adjacent to their ancestral lands? 
Hon MARGARET WILSON 
: Yes the mana whenua status will certainly be acknowledged through the title which as I said is not a property right. 
Tim Barnett 
: Could the Minister please clarify whether a customary right will be able to be sold? 
Hon MARGARET WILSON 
: While in general property rights can be sold in the case of a customary right by its very nature it cannot be sold. 
Rt Hon Winston Peters 
: Why has the Minister not taken any action in respect of the port authority’s appeal to the Privy Council and in particular with regard to Justice Hingston’s view—supported I might add by the New Zealand Court of Appeal—that somehow land and sea are the same thing so that we now have the seabed being regarded as land? 
Hon MARGARET WILSON 
: My understanding is that the appeal is still waiting to be heard in the Privy Council so it would be inappropriate for us to interfere although I understand we will be observing what is happening with that appeal. I am not sure whether that completely answers the member’s question but that was the bit I understood from it. 
Metiria Turei 
: Is not the issue getting lost in a debate between Pakeha about what their terms mean when in fact the real need is for a proper negotiation between the Crown and Maori as to how to resolve the foreshore and seabed issue whilst upholding the treaty? 
Hon MARGARET WILSON 
: There has been considerable debate and discussion between the Crown and Maori on this issue and I am sure it will continue through the select committee process. 
Dr Wayne Mapp 
: Given that the Government has now acknowledged that virtually the entire coastline will be subject to a Maori customary title does the Minister not agree that those customary title holders will have enhanced participation rights over the management of the foreshore and seabed that no other New Zealander will have? 
Hon MARGARET WILSON 
: The mana whenua title is just a formalisation of what is already apparent. There is no particular property right significance in that. In terms of the ability of Maori to be able to participate in decisions that affect them the new Local Government Act of course does require extended consultation and we are hoping the proposals will assist local government and local Maori to effect decisions that they both agree with.