The third and final day of the tribunal's inquiry is underway, with closing statements expected this afternoon. Photo: Rod Long / Unsplash
The Crown's sole witness has told the Waitangi Tribunal the government's planned changes to customary marine title have not been Treaty compliant.
Wednesday was the third and final day of the tribunal's inquiry is underway.
Te Arawhiti / Office for Māori-Crown Relations deputy chief executive Tui Marsh acknowledged changes to the Marine and Coastal Area (Takutai Moana) Act 2011 were likely to be complex and wide ranging.
"Engaging with Māori in a meaningful way is part of being treaty compliant," she said.
She acknowledged it had been difficult for Māori to provide meaningful responses when they had not yet seen the details of the bill.
When asked if there had been meaningful engagement with Māori in this case, she said there had not been.
Claimant lawyers followed up by asking if Marsh believed there was a level of racism in the government's proposals. She was not prepared to answer.
"We're focused... on the task at hand, focused on providing the best information we can to the government to inform decision making," she said.
"It's a challenging time for Māori in the public service, we choose to be here."
Crown lawyers confirmed that Cabinet will meet to discuss the introduction of an amendment bill on the Marine and Coastal Area Act on 16 September, and make a decision at that point.
In closing statements claimant lawyer Horiana Irwin-Easthope said at this stage the coalition agreement was providing the only frame for advice and next steps.
"Because of the coalition agreement you have a clear case of political reverse engineering, where there is a stated political outcome with no actual policy problem and a back-filling exercise."
Government ministers were prepared to brief the seafood industry but not to do the same for Marine Title claimants, she said.
"The 'make clear Parliament's original intent' line from the original coalition agreement is simply a farce and a smokescreen for what appears to be the actual intention of the Crown, namely to reduce the number and extent of [Customary Marine Titles] bring awarded to Māori."
The tribunal is expected to deliver its report before the amendment bill is brought before Cabinet on 16 September.
