The repeal of the Foreshore and Seabed Act was unlikely to lead to a flood of customary title claims in the South, a Maori legal advocate said yesterday.
Under proposed legislation the foreshore and seabed will no longer be under Crown ownership but be deemed public space - effectively guaranteeing public access and making it impossible for it to be owned.
As part of the agreement between the Government, Maori Party and iwi leaders, existing Maori and Pakeha private titles would not be affected.
In addition, Maori able to prove exclusive use and occupation since 1840 could seek customary rights and customary title through the High Court or through negotiations with the GovernmentHowever, few people were likely to seek customary title as the test for doing so was exceedingly difficult, Ngai Tahu Maori Law Centre senior lawyer Desiree Mahy, of Dunedin, said.
For whanau or hapu groups to prove they had exclusive use and occupation of the foreshore and seabed from 1840 was difficult enough, and coupled with the cost of taking a case to the High Court, pursuing such cases would be prohibitively expensive, she said.
After Monday's announcement Prime Minister John Key said he thought few claimants would be able to meet the criteria for customary title.
Ms Mahy said while few Maori could meet the proposed criteria, some would be willing to "give it a go".
South Island claims were likely to come from coastal Ngai Tahu Maori residing in traditional fishing areas, such as Moeraki, the Otago Peninsula, Riverton, Bluff and Stewart Island.
It was of concern claims would move from the Maori Land Court, which was affordable, did not require legal representation and whose judges had an understanding of tikanga and te reo.
Te Runanga O Ngai Tahu Otakou representative Tahu Potiki said "there is not a lot to say as there is not a lot to see".
The public was not privy to last-minute negotiations between the Government and other parties, Mr Potiki said.
There was unlikely to be many claims coming from the South Island, as large land sales had resulted in a few families occupying the same land since 1840.
Future claims over minerals would be one area of interest, he said.
Attorney-general Christopher Finlayson said in Parliament last night those who had customary title would be able to own non-nationalised minerals within their areas of recognised customary title,"This applies to all minerals except gold, silver, uranium and petroleum."
