Davis Kelvin: Marine and Coastal Area (Takutai Moana) Bill — In Committee 
Davis Kelvin: Marine and Coastal Area (Takutai Moana) Bill — In Committee 
[Volume:670;Page:17406] 
KELVIN DAVIS (Labour) 
: 
 The next part of the application process set out in Part 4 of the Marine and Coastal Area (Takutai Moana) Bill is that the applicant has to give notice of who may appear on an application for recognition order then there are the evidence and burden of proof parts of the process. Supplementary Order Paper 207 suggests that clause 105 “Burden of proof” be substituted with “In the case of the application for recognition of protected customary rights in a specified area of the common marine and coastal area the applicant group must prove that the protected customary right has been exercised in the specific area; and continues to be exercised by that group in the same area in accordance with tikanga.” 
The Maori Party members say that applicant groups—Maori iwi hapu and whanau—have to prove that they have been launching waka and collecting hangi stones in the area in accordance with tikanga. My question to the Maori Party is why should applicant groups—our whanau—have to prove that stuff and go through an application process to prove a customary right to do what we as Maori just do anyway? In my belief the application process is a total nonsense. 
Clause 99 defines the contents of an application. Applicants have to “state whether it is an application for a recognition of a protected customary right or of customary marine title”. If it is an application for recognition of a protected customary right applicants have to describe the applicant group and identify the particular area. Why should Maori have to identity the particular area where they want to launch their waka from? 
Applicants then have to state the grounds on which the application is made and name a person to be the holder of the order. Applicants actually have to name someone to be a holder of an order for whanau to go and launch a waka off a beach somewhere. It is a nonsense. Applicants have to specify contact details for the group and for the person named to hold the order. They have to give the contact details—people’s phone numbers email addresses cellphone numbers and addresses—of everyone who wants to go and launch their wakas or gather their hangi stones out at sea. An application has to be supported by an affidavit. Applicants actually have to make a statement backing up why they want to have recognition of this right to go and collect their hangi stones. 
I feel that this whole part about recognition of a customary right is a nonsense. I just do not see why Maori have to go through this whole process to draw up an application take it to court register it and do whatever they have to do just to ask for the right to do what we have always done anyway. 
That process is what the Maori Party will put our people through. Maori Party members sit there and say they are proud to put this burden of work on to our people for no reason. It is ridiculous. It is gobbledegook as Paul Quinn says. It is gobbledegook. It is nonsense and Rahui Katene is actually standing up and justifying it when it is just absolutely ridiculous. This issue is what our people marched for in 2004. As I said last night they were not led on a hikoi; they have been led up the garden path. They have had the wool pulled over their eyes by the Maori Party that this legislation is something good for us as a people. It is just an absolute joke. It is a nonsense. To quote the learned member across the Chamber it is gobbledegook. 
Hon Trevor Mallard 
: He’s not learned. 
KELVIN DAVIS 
: OK; that was excessive use of hyperbole there I agree. I will wait for Paul Quinn to jump to his feet and to actually take a call and contribute to this whole debate because so far he and the Hon Tau Henare have basically been barrelling out and chastising everyone else who stands up to contribute. People on this side of the Chamber have made rich and comprehensive contributions on the bill and those two members have just sat over there and all they have done is throw bricks at everyone else who stands up.