It is obvious Act does not accept that Māori should have any exclusive rights at all as a matter of principle. But customary rights of indigenous people have been recognised at common law for centuries here and also in Australia, Canada, the United States and elsewhere.
Is it really necessary, for example, to cancel Ngāi Tahu’s right to gather mutton birds from the Crown Titi Islands in the Southern Ocean and to fish the rivers for whitebait which they have been doing for centuries? And if an iwi can qualify for an interest in the foreshore and seabed so they can gain access to food sources surely we can work out how that can be accommodated.
The Ngāi Tahu settlement legislation protected its customary rights but many other iwi do not enjoy that same protection. Do we have some with customary rights and others with none? What is abundantly clear is that Māori and non-Māori will likely protest again if this is ever pursued. Who benefits from that civil unrest?
The suggestion the safety valve the Waitangi Tribunal provides should be abolished is also likely to be strenuously opposed by Māori and non-Māori. It exists to consider obligations the Crown has under the Treaty, whether they have been breached, and if so, it can make recommendations how that might be remedied. Act complains the tribunal “seeks to influence decisions of elected Governments and Parliament”. That is absolutely true and precisely why it exists.
To assume the Crown will always comply with its obligations in the future is simply wishful thinking. No doubt some of the tribunal’s reports have been annoying to the Government of the day, and some, such as the question whether or not iwi ceded sovereignty in 1840, might seem more of intellectual interest than practical usefulness.
But the Government is not bound to follow any recommendation the tribunal makes. Is it sensible to abolish the tribunal leaving an iwi with a grievance nowhere to argue its cause other than the courts? Is it possible Māori and non-Māori will engage in protest yet again if this foolish proposal proceeds? Again, who benefits from that?
At its core Act considers Māori to be no different than everybody else. However while we are all Kiwis, Māori have a special place. They are our indigenous people with a wonderful culture. They make up about 20% of our population and many iwi now have substantial assets and are playing a major role in society.
We should be proud of their achievements and treat them with dignity and generosity of spirit. I have no doubt it would be returned.
Sir Douglas Graham was a National Cabinet Minister and the Minister in Charge of Treaty of Waitangi Negotiations from 1993 to 1999. He oversaw some of the biggest treaty settlements between the Crown and Māori, including Waikato-Tainui (1995) and Ngāi Tahu (1997).
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