21 March 2007

FoMA Media Release

Federation To Press On With Tribunal Challenge

- The Federation of Maori Authorities has instructed legal counsel to prepare a Waitangi Tribunal challenge against the Government’s carbon credit confiscation and plans for retrospective taxes for land conversion.

- Article Two of the Treaty of Waitangi guarantees Maori undisturbed possession of fisheries, forests and other land.

- Undisturbed possession means the ownership of all rights pertaining to the forests and the right to economically develop the forestry estate and other land.

- The Govt’s confiscation of carbon credits and its plan to introduce retrospective taxes for those who want to change land use amount to a clear disturbance to these rights and a clear breach of the Treaty of Waitangi, including the Govt’s responsibility to act with the utmost good faith towards Maori.

- Maori also believe that, along with other NZ forest owners, Article Three of the Treaty of Waitangi prohibits confiscation and retrospective taxes without compensation.

- FOMA appreciates the Govt’s plans have not yet been finalised but it wants to be in a position to lodge a claim ASAP if the Govt confirms its policies, which is why legal counsel is already being instructed.

- FOMA continues to work with FOA, FFA and KFA on encouraging all Political parties to endorse the six point plan.

The New Zealand Forestry Industry's Six-Point Plan

1. Remove the inequitable, retrospective 'deforestation cap'.

2. Allow land owners with Kyoto-qualifying forests (forests planted from 1990) - as well as those replanting non-Kyoto forests after harvest - to financially benefit from the value of the carbon their forests remove from the atmosphere.

3. Introduce broad-based carbon charges, ensuring that all emitters of greenhouse gases face the same opportunity costs.

4. Ensure that New Zealand's Kyoto policies have the best long-term outcomes for New Zealand, even if they don't exactly mirror current Kyoto rules.

5. Develop a regime which puts a value on the environmental attributes of forestry, thereby encouraging investment in the sector.

6. Act immediately.

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