Is this really what the Labour Party Foreshore & Seabed Act provided for ? and Is this what the National Coalition Government intends for the future of the Foreshore and Seabed ?

[This issue is about principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith].

Bay of Plenty Regional Council has given private rights and use of the foreshore and seabed to a large Tauranga property developer.

Environment Bay of Plenty (EBoP) has granted Motiti Avocados Limited (MAL) “full and exclusive occupation of the coastal marine area” on Motiti Island, off-shore from Papamoa in the Bay of Plenty. Motiti Avocados Ltd is controlled by Landsdale Developments Ltd Managing Director Mr Richard John (Sam) Pepper who owns two properties on Motiti Island – one a large avocado orchard; and the other owned by Motiti Shores Ltd (formerly BOP Realty Ltd) another Landsdale Developments company.

On the south-western foreshore of Motiti Island adjacent to the Motiti Shores Ltd (MSL) property which was sub-divided in 2008, Mr Pepper is constructing a large private Barge Landing Ramp and harbour protected by large groynes (breakwater walls) extending into the sea. [See photos below].

Local Maori and Tangata whenua have opposed this privatisation of their customary foreshore and seabed and are angered that they have been excluded from access to and use of the beach and landing facility. EBoP officials over-rode their objections and the resource consent was approved in 2005 by former EBoP Maori Policy Manager Mr Waaka Vercoe of Whakatane, after the passing of the Foreshore & Seabed Act 2004.

Waiariki MP Te Ururoa Flavell earlier this year questioned the Regional Council actions, but EBoP Chief Executive Bill Bayfield insisted that “while valid concerns these were all outside the scope of the decision we were required to make under the Resource Management Act”. Mr Bayfield defends the power of the Council to grant private rights and use of the ‘Crown-owned’ foreshore and seabed against the wishes of Tangata whenua

The EBoP consent denies the right of Maori to access or use the landing facility on the historically important Island which Maori have always occupied and are the overwhelming majority of the resident population.

Local iwi representatives have a Waitangi Tribunal claim which is waiting to be heard as part of the Tauranga Hearings District, but neither the Tribunal nor the Office of Treaty Settlements have any plans to address the Motiti Island issues at any time before 2014, the Government’s stated intention to settle all claims. The Wai 2223 and 2255 claimants are frustrated by Government inaction to address their legitimate claims and denial of their right to be heard. Meanwhile detrimental effects are on-going and the off-shore island is coming under increasing pressure from private developers wanting to establish coastal residential subdivisions.

Motiti farmer Vernon Wills recently proposed a “rural residential” subdivision of Lots ranging from 1120m2 to 1980m2 (¼ to ½ acre sections) on a ridge of his farm property overlooking Orongatea Bay on the western coast of Motiti Island, with views back towards Mt Maunganui.

Extensive infrastructure developments, roading and beach access has already been undertaken on the Motiti Shores property owned by Tauranga developer Sam Pepper.

Motiti Avocados Ltd recently received a formal warning from EBoP on 27 May stating “it has been determined that the works on the Landing are in breach of consent 62867 condition 6.1 in that you failed to notify Council 5 working days prior to commencing any works under this permit.”

Key dates and facts

2004 Labour Government passes controversial Foreshore & Seabed Act

9 June 2005 BoP Regional Council decision to grant Resource Consent and Licence to Occupy Land in the Coastal Marine Area (CMA)

20 October 2008 DIA acting as the Motiti Local Authority granted subdivision consent of 25ha on SW Motiti Island to Motiti Shores Ltd (MSL)

7 December 2009 WAI 2223 Motiti Island contemporary claim registered by Waitangi Tribunal

4 March 2010 Local Waiariki MP Te Ururoa Flavell writes to EBoP CEO seeking clarifications

15 March 2010 Bill Bayfield defends Resource Consent and promises to consult with Motiti Maori

15 April 2010 Further investigations find faults in MAL activities and unconsented works on Motiti

27 May 2010 Formal Warning issued by EBoP to MAL and requirement for retrospective consents to be applied for.

Questions

• Why is the Government giving exclusive occupation and private use of “Crown” foreshore and seabed to developers, yet excluding Maori from access to and use of the beach and landing ramp?

• Why is the Regional Council allowing private developers to change and pollute the coastal environment?

• Why is the Crown allowing Local Authorities to breach the principles of the Treaty of Waitangi and the UN Declaration of Indigenous Rights?

• Why is the Government denying the Motiti Island claims from being heard by the Waitangi Tribunal or being directly negotiated?

• How does this fit with UN delegation coming to Aotearoa next month?

ENDS

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