New Zealand’s opposition parties have promised to repeal the coalition government’s changes to the Marine and Coastal Area Act (MACA) if re-elected in the face of criticism over “mindsets of colonisation”.

While the coalition has pitched the changes as restoring the legislation to its original intent, critics argue they diminish Māori rights.

The MACA law was introduced by National in 2011 in response to Labour’s highly controversial Foreshore and Seabed Act 2004.

It has been contested in the courts, with a key Court of Appeal ruling making it easier for groups to win customary title in 2023.

The Supreme Court went on to overturn that decision last year, though the government considered it and said the test remained too broad.

National had agreed to tighten up the legislative test, making it harder for Māori to secure titles, in its coalition agreement with New Zealand First.

It has been contested in the courts, with a key Court of Appeal ruling making it easier for groups to win customary title in 2023.

The Supreme Court went on to overturn that decision last year, though the government considered it and said the test remained too broad.

“Key elements include more tightly defining what exclusive use and occupation means, requiring decision makers to base any inferences on a firm basis of physical evidence, not just cultural associations in that second part of the test, and thirdly placing the burden of proof more squarely on applicants to demonstrate that they meet both legs of the test.”

Goldsmith said the legislation was retrospective, overriding court decisions made after 24 July 2024, and the government had provided $15 million to support Māori groups to cover the costs of going back to court.

“I recognise that this will be very disappointing to groups who have been through the process. This is not something that we’ve done lightly but there is a long way to go and much of our coastline still to be considered and we believe as a government that it’s important to get that right.”

New Zealand First’s Casey Costello said her leader Winston Peters had been a “champion of equal citizenship and protecting the legitimate interests of all New Zealanders and the marine and coastal area of New Zealand”.

“This is not removing the rights for Māori. Māori, like any New Zealander, have the opportunity to enjoy their coastline and enjoy their benefits.”

The ACT party’s Todd Stephenson said the bill restored the exacting test to establish customary marine title that had been undermined by a number of court decisions.

“We will be supporting this because it does restore what Parliament intended.”

“For whatever reason, this government continues to say co-governance, co-management, or working alongside Māori is not the thing to do and would rather score political points instead of underscoring the good frameworks that are already in place that allow management of places like the marine and takutai moana.”

The Green Party’s Steve Abel said New Zealand had no decent future if Parliament kept doing “shitty legislation like this”.

“No good can come from a bill of this character. It is a bill that explicitly leads in to those worst mindsets of colonisation; that at every turn Māori are cut against and undermined and undone and for all the efforts of this chamber and this house to make amends for those cruel histories of colonisations, this bill forces the Crown back into a position of dishonorability.”

Te Pāti Māori’s Tākuta Ferris said Māori would mobilise, given no government in history had ever had the right or authority to extinguish the Tiriti-based rights of Māori.

“What this government is doing now guarantees that the fight for Te Tiriti justice only deepens from this point on and continues on into the next generations.

“They’ve set the playing field for generations to come, condemning our children, our tamariki to needless, endless, perpetual fighting, costly court cases, societal disharmony and time, energy and money-wasting on a staggering scale.”

Article by AsiaPacificReport.nz

Prime Minister Jacinda Ardern says New Zealand will move to the red traffic light setting if omicron is spreading in the community following reports that a border worker who was yesterday reported as covid-19 positive has been confirmed to have the omicron variant.

On Tonga, Defence Minister Peeni Henare says he understands power has been restored in large parts of Nuku’alofa following Saturday’s eruption of Hunga Tonga-Hunga Haʻapai volcano.

The government leaders were speaking at today’s media briefing.

More than 120,000 doses of the children’s Pfizer vaccine for covid-19 are ready to go at clinics around the country.

Tamariki aged five to 11 are eligible for the first of two recommended doses, eight weeks apart.

Ardern said it was pleasing to see people had been lining up today to be the first through the door at vaccination centres, and lines have been clearing quickly.

Henare, who is also Whānau Ora and Associate Health Minister, said the government had been working closely with iwi leaders to ensure tamariki could receive the vaccine, and was looking towards the schools for when they reopened.

Another milestone day
Today was another milestone day in the vaccination campaign in New Zealand, Ardern said.

New Zealanders have been able to get boosters since early January and online bookings open from today.

“For children of course they are able to be booked in now via Book My Vaccine … we’ve heard that whānau are coming in to get both their booster and to bring their children in to be vaccinated as well.”

Today Ardern received her booster dose of the covid-19 vaccination.

She says it was possible 80 percent of the country’s population could be boosted by the end of February.

She thanked all those putting in mahi so far, to get the booster roll-out well underway.

Over half of eligible New Zealanders have had their booster, she says.

66,000 make bookings
“The traffic on the website today has been good, she says, with over 66,000 people having made a booking by midday compared to about 12,000 on other recent days.

Aotearoa’s first community case of the omicron variant of covid-19 was announced yesterday. The person is a border worker in Auckland and has 50 close contacts.

The worker, who was infectious from January 10, took two bus services in Auckland and visited a supermarket and four other stores in the city.

Ardern said when it comes to omicron in the community it is a matter of when, not if.

“New Zealanders have had the break that we hoped they would get but we know that with omicron it is a case of when, not if, and that is why the booster campaign is just so critical.”

The government would look to move into the red traffic light setting if Omicron was spreading in the community, Ardern says.

“What I expect is over the coming weeks to be able to share with you some of the additional preparation that has been done over and above the work that we did on delta, for the specific issue of omicron and what it represents.

“We have the ability to learn from other nations and see the impact or the way that omicron is behaving and prepare ourselves.”

Changes in testing, isiolation
“This will mean changes including to the way testing, isolation and contact tracing is done, and the details will be shared in the coming weeks.

“We’ve managed to get delta down to extraordinarily low levels, that means the risk posed by opening that border, now is very low. We are in the right place now to remove those requirements.”

Ardern said the traffic light system was designed to deal with surges, outbreaks and had the possibility of new variants in mind. She said the measures under the red setting were designed to slow the spread of a variant like omicron.

Another update on traffic light settings would be given on Thursday, she said.

Vaccination passes do not currently have the booster set within them. Ardern said the option to include that in future is being retained, but getting a booster remained the best way to protect against omicron.

“We’re doing what we can but I think it would be wrong to assume those border measures will be sufficient. At some point we will see omicron in the community … we should always assume at any time.”

Eruption crisis in Tonga
Defence Minister Peeni Henare said he understood power had been restored in large parts of the Tongan capital Nuku’alofa.

Ardern said the RNZAF Orion had been undertaking an assessment from the air of the outer islands in particular to provide that information to the Tongan authorities.

The C-130 would perform naval drops, with planning being done to enable that regardless of the status of the airport.

“I understand that on the ground of course that Tonga has also now by sea dispatched to the outer islands.”

She says the C-130 was expected to fly today regardless, and would be able to meet immediate supply needs.

Henare said it is being ensured that the C-130 had the necessities on board. He said the aerial assessment being done would help with that.

The response must be directed to where it was needed the most, he said.

Navy able to deploy quickly
Ardern said the navy was able to deploy very quickly.

She said communication had been difficult but the flight today along with communication with officials on the ground would help establish the needs of those in Tonga, but they knew water was needed.

She cautioned that while there had been reports that some islands had seen no casualties, it was still early days.

It is thought the connectivity problems with the underwater cable stemmed from power outages, she said.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

By RNZ News

About 2000 people showed their support as New Zealand protests against a controversial proposed housing development at Ihumātao in South Auckland entered their fifth day.

RNZ reporters at the scene sid it was abuzz with people and activities that included traditional Māori massage, mirimiri.

At least 50 tents were erected in the main paddock which protesters reclaimed from police yesterday.

READ MORE: Our trail of tears: The story of Ihumātao was stolen

LISTEN TO RNZ: Peeni Henare speaks to Kim Hill on Saturday Morning

Government minister Peeni Henare, the MP for Tāmaki Makaurau, arrived at the site at midday with fellow minister Willie Jackson.

They were welcomed onto Ihumātao with a roaring powhiri.

Earlier this week both ministers were reluctant to weigh in on the land dispute, saying there was nothing the government could do to resolve it.

A representative of mana whenua, Eru Rakena, spoke directly to Henare, asking him what he would do if Ihumātao was his land and under threat.

Appeal for support
He asked the ministers for their support to save the land from a housing development so it could be used by his mokopuna.

He said whānau protesting were mana whenua and had always been mana whenua.

Mana movement leader Hone Harawira said Prime Minister Jacinda Ardern should stay away from the land dispute at Ihumātao, and allow her Māori ministers to find a resolution.

Yesterday Ardern vowed that no building would take place at Ihumātao while the government and other parties tried to broker a solution

Harawira arrived at the site this morning with more than 100 Destiny Church members to pledge his support for protesters.

He said it was disappointing that Māori ministers had not taken a lead role in trying to find a solution.

“It would be nice to see the Māori ministers leading here rather than being told what to do by Jacinda.

‘Stay overseas’
“I don’t think she knows what’s going on here. Stay overseas. Leave it to Peeni and the whānau here. Let’s get it done.”

Earlier, one of the Save Our Unique Landscape (SOUL) campaign leaders, Pania Newton, said people were arriving from all over the country to oppose the Fletcher Building development on land considered sacred by iwi.

Newton said there would be a free concert later today, with Stan Walker, Ladi6, Troy Kingi, NRG Rising and others performing.

“We just are so grateful for the support that is coming in from the nation.

“We are expecting around 10,000 to 15,000 visitors so we do encourage everybody to come on down and enjoy the event and to come and take a stand on the land with us and with our whānau and our marae to protect it.”

Destiny Church leader Brian Tamaki said Pākehā systems and the government would never be able to help Māori.

He said a solution to the land dispute would come from the ground up.

Range of stakeholders
Henare told Kim Hill on Saturday Morning ahead of his visit to the disputed site that there was a range of stakeholders.

“There are mana whenua, there are whānau, there are iwi, there are local supporters, that’s the trickiness of this all … mana whenua have as we know traditional rights in places like this, but we also have other people involved too.

“Mana whenua are Ti Akitai, Te Wai o Hua, Tainui and Te Kawerau ā Maki – those are the mana whenua. Now whether people like it or not, engagement that the Crown has had in the past with those tribes … for legislation purposes, they are recognised as mana whenua.”

But Henare said no one was denying the whakapapa to the land of people from the group Save Our Unique Landscape.

“There’s no doubt it’s caused a lightning rod, if you like, for the issue of Māori land rights and that’s what’s seen so many other iwi and people from across the country make their way to Ihumātao.”

Henare said it was a complex issue which had been through many courts and also involved Auckland Council, as well as mana whenua.

“One of the points made to me by mana whenua, who have said many of the people that are going there aren’t from there, and that creates a bit of a challenge because they would argue that they’re not respecting the rights of mana whenua there.

‘Passionate people’
“While I don’t want to belittle the role of mana whenua in this, the fact remains there’s many passionate people that made their way to Ihumātao.”

The government has been considering how to broker a situation for a number of months, Henare said.

He said he and minister Jackson were going there today primarily to listen and to get a feel for what was going on.

Despite the prime minister’s assurances no houses would be built at Ihumātao until a solution was found between both groups, people still arrived during the night to support those protesting against the development.

Green MP Mārama Davidson was one of those supporting the SOUL (Save Our Unique Landscape) group by sitting with the line of protesters in front of police.

Around 30 tents were set up in a paddock and people were also sleeping in their cars.

Throughout the night there was singing and speeches of support as many fires around Ihumātao lit up the whenua.

Fletcher Building welcomes talks
A senior Fletcher Building executive has welcomed the chance for talks while the development of housing at the Ihumātao site in south Auckland stops.

Steve Evans, the company’s chief executive of residential and land development, said the company had had about a dozen meetings with the Save Our Unique Landscape group in recent years.

Last night, after meeting iwi, Fletchers and Auckland Council, Ardern said no houses would be built at the site while they tried to broker a solution.

Evans said people had the right to protest.

He said the hui with iwi and the government meant no further work would happen at the site for now while talks were arranged.

• This article is published under the Pacific Media Centre’s content partnership with Radio New Zealand.

Article by AsiaPacificReport.nz