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Foreshore/Seabed Should be Unequivocally Public
by
Tony Orman
May
2004
In 1642 Abel Janszoon Tasman
a Dutch sea captain and navigator sailed up the West Coast of New
Zealand's South Island, anchored in Golden Bay and then sailed up
the North Island. It was the first European contact with New Zealand
- 361 years ago to this year.
Beginning in 1769 - over
230 years ago - English explorer Captain James Cook and his crew
spent six months circumnavigating both islands. Cook was to return
in 1772 and 1776. Almost certainly he caught fish on all of his
visits. A generalised account of the voyage by G Forster, the son
of J R Forster who was artist on the voyages records that in "Queen
Charlotte's Sound---our sailors dragged a net-- (but were)---more
successful with the hook and line. Amongst others a fine sea bream
(snapper), weighing eleven pounds, was taken---".
There was a succession
of other European explorers visiting New Zealand too. For example,
Frenchman Marion du Fresne came in 1772 and lived in the Bay of
Islands for a month, anchored in the Mascarin and the Marquis de
Castries. In the 1790s - over 210 years ago - early European
settlement began at Dusky Sound in Fiordland when a party of sealers
lived there for almost 12 months, with freshly caught fish a strong
part of their diet. Other whalers and sealing parties resided during
seasons.
Then in the early 19th
century a number of European navigators visited New Zealand. A Russian
explorer spent nine days in Queen Charlotte Sound while four different
French navigators spent months around the New Zealand coastline
from the Bay of Islands to the Marlborough Sounds and the Banks
Peninsula area.
There was a succession
of European presence and associated fishing over centuries.
No doubt the fresh fish
was welcome food after the long journeys on the relatively small
sailing ships of those days and undoubtedly the captains and his
crew enjoyed the experience of catching fish. They were fishing
for food and probably revelled in the sport. In 1840 - over 160
years ago - New Zealand was officially settled with permanent European
settlers.
Recently I heard Associate
Maori Affairs Minister on television, talk of a customary right
as being a custom handed down from generation to generation.
Whether Tasman's visit
of over 360 years ago or Cook's visits over 230 years ago or the
Dusky Sound settlement of over 210 years ago or the New Zealand
Company's official settlement of over 160 years ago is accepted,
the customary use of the foreshore and sea bed for fishing and shellfish
gathering by Europeans, has gone on for many generations and has
been handed down from generation to generation.
The underlying point is
that the public, regardless of Maori or European ancestry, have
a customary right to gather food from the foreshore and seabed and
fish.
When the National government
of the early 1990s enshrined the customary right for "Maoris"
in law, the odd aspect was that it failed to recognise the long
use of the resource over many generations of Europeans.
Indeed National's Maori
Affairs Minister Doug Graham's policies during the 1990s were arguably
discriminatory in an ethnic sense. For instance at Lake Wakatipu
near Queenstown, Minister Graham's policies resulted in the use
of public money to buy out pastoral leases (crown land) on high
country to settle Maori claims. During the controversy he showed
an appalling reluctance to disclose the public monies used. At the
time of Graham's Lake Wakatipu settlements, I publicly challenged
him to assess the extent of Maori "grieving" by conducting
a poll of those with Maori ancestry. It is odds on the vast majority
- 80 or even over 90 percent or more - would vote for a united New
Zealand.
When I converse with friends,
who have a Maori ancestry, they all say they are "sick and
tired" of the divisive nature of so-called Treaty claims and
so-called rights. The beginnings of that ethnic division happened
before Doug Graham. It was the Labour government of the 1980s in
which the current Prime Minister and a number of the present day
cabinet ministers held ministerial positions, that began the divisive
policies of "Maori" and "non-Maori" and the
mechanisms for a rampant grievance and claim system.
To return to the customary
fishing of European New Zealanders established over 360 years since
Tasman's visit, over 230 years ago since Cook's visit or over 160
years since the New Zealand Company officially began settlement,
it was strange the attitude of the previous Minister of Fisheries
Pete Hodgson to recognise that established customary use has been
to procrastinate. In recent years he was urged time and time again
by a national recreational fishing lobby group called option4 to
enshrine in legislation the right of all New Zealanders - regardless
of ethnic background - to fish and gather seafood for sustenance.
This right of course takes
place on the foreshore or the seabed of inshore waters.
Why then the procrastination?
One can only assume it is the political perception of the Minister
of Fisheries and cabinet. Politicians see things in terms of votes
and the closeness of the next election. Votes are their lifeblood.
It seems they somehow perceive the loss of the Maori vote as crucial
to success.
But is it - if we accept
that over 80 percent of "Maoridom" want united New Zealand?
It has been suggested that
Crown ownership would solve the current conflict. However
that has one or two very big fish hooks in it. In essence by precedents
over recent decades, it seems Crown property belongs to "Cabinet"
rather than the public. The assumption of "cabinet-ownership"
was shown during the last two decades when governments took Crown
assets, privatised and sold the "public" properties without
reference to the owners. In the 1970s the then National Government
sold Crown land near Te Anau at "heavily discounted" rates
to a wealthy American for a lodge.
A clear cut definition
in Common law of "ownership" by all New Zealanders along
the lines of "public domain" or "owned by all New
Zealanders," - not "Crown ownership"- should therefore
be defined.
The first step in the solution
to the current foreshore – seabed issue would be to recognise
- and enshrine in law - the customary right of all New Zealanders
to fish and gather seafood from the foreshore and seabed.
It would end the conflict
immediately because; -
* Those with Maori ancestry
would retain their customary use
* Those of European ancestry
would gain their rightful customary use that dates back at least
160 years and arguably up to 360 years.
Pete Hodgson failed to
meet the challenge and respond in the best interests of the 1.4
million New Zealanders who fish for "food and fun". Now it remains
to be seen if the new Minister, David Benson-Pope, can meet the
challenge by enshrining in law that important customary right for
all New Zealanders.
Footnote: Tony Orman
is a former land surveyor and resource planner, author of 20 books
on the outdoors and New Zealand's wilderness and is currently co-chairman
of the Council of Outdoor Recreation Associations of New Zealand
(CORANZ)
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