Objecting to claims

CLARIFYING OBJECTING TO FORESHORE & SEABED CLAIMS

Opportunist tribes can choose one of two avenues to claim Customary Marine Title or Protected Customary Rights.

1) High Court. The High Court claims have been advertised in newspapers over the last fortnight. Ads have been compiled by Kiwi Frontline HERE

Ads have also been posted on the NZCPR.com website HERE - so the details can be viewed there.

To oppose a claim, you need to register as an ‘interested party’ – this costs $110 – and in due course you will be called on to give evidence.

The closing dates to oppose a claim varies from early May through to the end of June for those that have specified the date on their ads, while for those that did not specify a closing date but used the wording “Any notice of intention in support or opposition to this application must be filed… by not less than 20 working days after the first public notice advertisement…”, there is no closing date.

2) Crown Engagement. Under this process, claimants negotiate directly with the Minister, Chris Finlayson, and THERE IS NO PUBLIC OBJECTION PROCESS. These claims can be read here: https://www.justice.govt.nz/maori-land-treaty/marine-and-coastal-area/applications/

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Further helpful advice

Excerpt from 'Democracy Action' newsletter

You may want to file an individual objection to a claim in your local area though. Anyone who plans to object to any claims needs to register their intention with the Court without delay.

Any interested person may appear and be heard on an application for a recognition order if that person has, by the due date, filed a notice of appearance. We suggest you single out an application (or applications), particularly the coastal areas you know from experience have not been exclusively used and occupied by the applicant from 1840 to the present day, and register as an interested party in the case. Each public notice will tell you what the final date for filing a notice of appearance is.

There is a fee of $110 on the notice of intention to appear. Should you be unable to pay the fee you can apply for a fee waiver. Fee waiver forms can be found on the Ministry of Justice website. For individuals see the form here: http://tinyurl.com/me9dxen if the objection is on behalf of an organization, see here: http://tinyurl.com/mddlns7

We (Democracy Action) have been advised by the Court Manager and Registrar of the High Court in Wellington (where the applications to the High Court have been filed), that interested parties will not have to travel to Wellington. Although they are currently managing all of the files there, substantive hearings will be held in the High Court closest to the land subject to the claim. (See Concerned Citizens advice below)

OTHER WAYS TO CHIP-IN TO THE EFFORT
In addition to encouraging family, friends, and colleagues to take action by forwarding this email, you may want to approach other potential interested parties. For example, you could target a specific claim, and approach organisations which have an interest in that particular marine and coastal area, suggesting they register as an interested party.

For instance, regarding the HAURAKI GULF, there are at least 8 claims for west Hauraki Gulf alone, (CIV -404-537; CIV-2017-485-378; CIV-404-538; CIV-485-276; CIV-404-563; CIV-2017-404-545; CIV-2017-404-524), and more for the northern Gulf (Kawau Is etc), plus others in Coromandel and Firth of Thames areas. There are many organisations in this area who would be affected, e.g. fishing and boating clubs, port companies, marinas etc. You could make sure the groups in your local area have a heads-up on the claims.

CONTRIBUTE TO THE COUNCIL OF OUTDOOR RECREATION ASSOCIATIONS OF NEW ZEALAND (CORANZ) FIGHTING FUND. If they have enough funds, their goal is to take the most important claims from a recreational point of view, and community point of view, and try to win cases. A link to the CORANZ website is here. http://coranz.org.nz/

Donations can be made to the CORANZ account no. 03 0566 0207094 26

Or send a cheque to PO Box 1876, Wellington 6140, made out to CORANZ 26 Account.

PHONE, WRITE OR EMAIL the Prime Minister, and your local MP, demanding the Crown defend the rights and interests of all the citizens of New Zealand by vigorously challenging and testing the claims.

WRITE LETTERS to local newspapers, call talkback.

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A Concerned Citizen (A M) has offered this helpful advice

Hi,

I've tried to object to four coastal area claims, in Auckland and Coromandel.

I got the CIV numbers, and emailed my objection by email and word attachment.

The Court replied with an example format I could use, and that it's a 'notice to appear', and the filing fee is $110.

They also emailed an application for fee waiver form which is rather long-winded and detailed.

I suggest you (Kiwi Frontline) put the example notice and fee waiver application form on your website (forms attached below in ‘attachments’).

Put the CIV numbers too – HERE > http://tinyurl.com/ka2lb6p  includes Close off dates Deadline dates, links to specific claims and CIV numbers to each claim (Compiled by Kiwi Frontline)

A. M’s four objections as follows:

1) I object to the coastal area claim: map-taumata-b-block-whanau-south-of-pakiri-river, Pakiri Beach application by Veronica Bouchier.
High Court Wellington Registry: CIV-2017-485-187

2) I object to the coastal area claim for Matingarahi Firth of Thames, application by Te Whānau ā Haunui Ahuwhenua Trust.
High Court Wellington Registry: CIV-2017-404-582

3) I object to the coastal area claim for Kennedy Bay and Mataora Bay, Coromandel application by Te Rūnanga o Ngāti Porou ki Hauraki.
High Court Wellington Registry: CIV-2017-485-284

4) I object to the coastal area claim: map-kaipara-harbour, application by Te Rūnanga o Ngāti Whātua.
High Court Wellington Registry: CIV-2017-404-563

A M's questions and answers
Question: - Is it necessary to 'appear' at the Court in Wellington? Or is an email OK. This is important as if one applies, but then has to get to Wellington, cost and time would often hinder that.

Answer: It's not necessary to appear in Wellington. It's undecided yet how objectors may be heard, but options include by phone, AVisual eg Skype, or the Court may hear objections in Auckland.
Jo said it is important to lodge the objection to get in on the process, and the objector will then be notified of developments, etc.

Question -
My four objections would cost $440, I'm unlikely to get a fee waiver, but that's money I'd rather went on my mortgage. Is there a fund to help objectors pay?

Answer
: Objectors should send in the Notice to Appear (objection) form, and the fee waiver application form. The Court will decide whether to waive the fee or not. If not, the Court will contact the objector who can then decide how (or if?) to pay. they will take payments by CCard over the phone.
Note, Jo says the matter is not of national coverage, so fee waiver on 'matter of genuine public interest' would not apply.

Question:
How to fill in the fee waiver form advice.

Answer: Step 1: Tick this box:

File a document in proceedings (tick)

Name of case: CIV number, Marine and Coastal Area claim, Applicants name eg Ngati ... etc (?)

Document type: Notice to Appear

Step 5: tick: yes

Step 6
: tick: the proceeding that this application relates to is allowed to start or continue

Possibly: answer this question: Tell us why the proceeding needs to move forward before this form is processed, like this? because the case is too big and important to be held up by me. (?)

After phoning the court to get some answers, Jo Carrell phoned me and answered the questions.

Thanks,
A M, Auckland.

Ċ
Kiwi Frontline,
May 13, 2017, 1:45 PM