Tribes take legal action against Crown

Press, 28 September 1988, Page 10

Tribes take legal action against Crown

PA Wellington Maoridom has mounted legal action against the Crown to protect its legal rights to New Zealand’s fisheries, the chairman of the Maori Council, Sir Graham Latimer, confirmed last evening.

About 40 prominent tribal representatives — including Dame Whina Cooper, Sir Henare Ngata and Sir James Henare — were named as plaintiffs in proceedings filed in Wellington yesterday, a lawyer acting for the Maori leaders confirmed. Maori representatives will meet the AttorneyGeneral, Mr Palmer, tomorrow with hopes that an accord can lead to a withdrawal of the action. The court application asserts Maori property rights in fisheries based on their customary rights, now protected by section 88 (2) of the Fisheries Act, 1983, but which will be removed under the new Maori Fisheries Bill. The proceedings allege negligence by the Crown and a breach of trust in failing to fulfil its obligation, identified by the Treaty of Waitangi, to protect Maori fisheries. The Maori Council has also refiled its case, with amended statements of claim, seeking a review of the Government’s decision to implement the individual transferable quota system. Sir Graham said the threatened loss of Maori

legal rights prompted the return to court but proceedings could always be withdrawn. A controversial clause of the Maori Fisheries Bill, the Government’s attempt to settle the issue, would prohibit for all time the right to file fisheries claims in court under the Treaty of Waitangi. The clause has been condemned as apartheid. Sir Graham said that litigation was a no-win situation and would not resolve the issue. A common consensus through negotiation had to be found, otherwise a court ruling in favour of either party or the proposed legislation would lead to “trouble.” Maoris had upheld their part of the bargain. “On a number of occasions I have given my word we would not interfere with privately owned land and how individual quotas and we have not done that,” he said. The chairman of the Maori Council’s fisheries sub-committee, Mr Maanu Paul, said Mr Palmer was notified court action would be taken unless an appropriate reply - was

made by noon yesterday. An “inappropriate” response was made, Mr Paul said. A Muriwhenua tribal leader, Mr Matiu Rata, said he was conscious that political solutions could not be achieved in court but measures had to be taken against some provisions of the bill. He hoped Maori elders would impress upon Mr Palmer that the legal rights of Maori people could not be traded away. “The reason for filing is purely a time restraint, that unless we take some action to safeguard ourselves, we could be in difficulty if we don’t get a response. “No pakeha in New.’ Zealand society would tolerate being denied access to the courts,” he said. A fisheries hui between the four litigants of the previous court action — the Maori Council, Tanui, Ngai Tahu and Muriwhenua tribes — has been organised for Friday at Parliament. Mr Paul said the hui was to develop a strategy for the settlement to be contained in the bill although it had been organised before the bill was seen.