Maori Water Rights on Marae Investigates
Maori Water Rights on Marae Investigates
The Co-leader of the Maori Council
says he’s confident the Council’s water right claim will
derail the Government’s plan for State asset
sales.
Maanu Paul told TVNZ’s Marae Investigates
programme this morning that the Government was planning to
sell off assets without owning the water that gave value to
those assets. He told interviewer Scotty Morrison “Once
we get a decision from the Tribunal that says, yes Māori
have proprietorial interests in water - Government go and
negotiate with Māori, a cost will be incurred.
Immediately overnight the shares will halve.”
His
view was backed by political commentator and Adjunct
Professor of Indigenous Studies at AUT Rawiri Taonui, who
told the programme John Key was acting under a misconception
when he stated no one owned water.
“You can’t
go into another country and help yourself to their water or
hook a hose up to an irrigation scheme on the farm or help
yourself to water in a supermarket – you have to pay for
it. It’s quite interesting Scotty that misconception is
only ever cited when it comes to Māori water
rights.”
Rawiri Taonui says the case to the
Tribunal will provide a very important statement on
indigenous water rights and believes it has the potential to
derail the asset sales.
Maanu Paul denied the
Council’s action was a ‘legal mugging’ to gain shares
in the assets. ”My own people Ngai Moewhare of Te
Runanga Nui o te Ika Whenua had a decision in 1996 from the
Tribunal that said that the Government ought to compensate
us for using and stealing our water to generate electricity
power. We’ve been waiting over 16 years to get some
justice and it’s the old story… justice delayed is
justice denied.”
MARAE INVESTIGATES Scotty Morrison interviews Maori Council Co-leader Maanu Paul and political commentator Rawiri Taonui Adjunct Professor of Indigenous Studies, AUT regarding Maori claims to water rights.
The interview has been transcribed below. The full length panel discussion and stories from this morning’s Marae Investigates can also be seen on tvnz.co.nz at, http://tvnz.co.nz/marae
SCOTTY
Do
Māori have water rights and do they really exist in
law?
Rawiri Taonui
Yes Māori have spiritual,
cultural, life sustaining commercial and developmental
rights to water that you could describe succinctly as the
exclusive and undisturbed ownership of forestries,
fisheries, lands and such toanga being water and the extent
to which they were unfairly alienated would lead towards an
interpretation that they continue to exist.
Scotty
Most people would say no one owns the water and that
Māori are being greedy. Is this the case?
Rawiri Taonui
John key said that no one owns the water earlier this
year and that’s a common philosophical misconception but
the reality of the real world is that Governments and
peoples own and control the natural resources within their
boarders; various landowners exercise different rights …
and there are also a range of commercial rights. You
can’t go into another country and help yourself to their
water or hook a hose up to an irrigation scheme on the farm
or help yourself to water in a supermarket – you have to
pay for it. It’s quite interesting Scotty that
misconception is only ever cited when it comes to Māori
water rights.
Scotty
Maanu is the Maori Council using
the issue around water to resurrect itself in terms of how
the iwi perceive the Māori Council?
Maanu Paul
The
answer to that is no. The Māori Council has a act that
states quite clearly that it is our statutory duty to
protect all Māori and when Māori water is being stolen by
example by the Whangarei City Council and given or charged
off to some commercial operator who bottles it and makes
money out of it and the water belongs to Māori. Then you
have to ask are their two laws in this country and the
Council is saying we will exercise the most powerful
advocacy in order to protect all
Māori.
Scotty
Rawiri, we all know that the Council has taken this issue to the Waitangi Tribunal, do you think they can win this case for Māori water rights or are they just a relic of the past?
Rawiri Taonui
Well
you don’t really win when you go to the Tribunal, what you
do is get a report and an opinion and we know that in the
past Māori Council in the 80’s 90’s took the Crown to
the Tribunal and then the Courts and there were Pan- Māori
settlements, but I don’t think there will be a Pan- Māori
settlement in this case. It will come down to iwi
negotiating with iwi. Never the less the Waitangi Tribunal
action is a very important one because there’s been quite
a lot of international debate for two decades now about the
nature of indigenous water rights and what we need in NZ is
a seminal statement on aboriginal title in NZ law and also
in the international context that’ll frame those
settlements. So I think it’s a very important
action.
Scotty
Maanu the Iwi Leaders Forum opposed
your case to the Waitangi Tribunal, what’s you reaction to
that?
Maanu Paul
Iwi leaders have a real responsibility
to their beneficiaries but only to their beneficiaries they
can’t speak on behalf of all Māori , only the Māori
Council can do that.
Scotty
Where does the mandate
come from for the Māori Council to speak on behalf of all
Māori ?
Maanu Paul
The 1962 Māori Community
Development Act – it states quiet clearly that Māori
Council has a statutory duty to protect all Māori and in
doing so it has given rise to the Fisheries settlement, the
fact you have Māori Television, the fact that Māori an
official language of this country, the forestry settlements
all those settlements were due entirely to the Māori
Council taking the roll that it needs to protect from having
their taonga under Article 2 – stolen commercialised by
other people without even asking Māori.
Scotty
Are
you concerned that this could turn into an internal battle
between the Council and the Iwi leaders forum?
Maanu
Paul
No because the Council at its elections in Rotorua
two weeks ago made a clear determination to extend te ringa
aroha, the hand of generosity to all Māori groups. We also
adopted the open door policy in order to grow the Council we
need to have a full participation by all Māori and the
majority of them are in the urban areas. So we need Māori
sports groups, Māori arts and crafts groups Māori
community groups who are fighting regional and local
councils. We are saying to them together … when the roots
of the Kahikatea all bind together they are virtually
invincible.
Scotty
So you’re talking working
together unification. Rawiri do you think the Government
will play the two groups off against each other … the Iwi
Leaders Forum and the Council around this issue.
Rawiri
Taonui
I think there is a risk – I mean we’ve seen
this type of thing before. The internal debates over the
Sealord settlement went on for nearly a decade or so but I
think we’ve learned from that. My own view is that the
roles of the Māori Council and Iwi Leaders Forum are
probably complementary here in the sense that the Māori
Council action will provide us with a seminal statement on
water rights and then there will be negotiations on
settlements between iwi and government and I think the
Government and iwi would prefer it that way. That’s
probably how its going to unfold and its not a bad thing.
The direct negotiations between iwi and the Government have
led to much better healthier settlements over the past five
or six years or so.
Scotty
Maanu, former Act MP
Stephen Franks says your claim is and I quote “A legal
mugging to lever free SOE shares out of an easy-touch
Government” is he right?
Maanu Paul
No he’s well
off the mark. It’s about s Māori aying we have an Act,
we demand justice, we want justice to be seen to be done and
that’s what we’re doing. And if he perceives that to be
an easy mugging well then that’s his perception but the
fact of the matter is – my own people Ngai Moewhare of Te
Runanga Nui o te Ika Whenua had a decision in 1996 from the
Tribunal that said that the Government ought to compensate
us for using and stealing our water to generate electricity
power. We’ve been waiting over 16 years to get some
justice and it’s the old story… justice delayed is
justice denied. And I’m saying to Stephen Franks as a
lawyer, get your Act right, get on the wagon that provides
justice for Māori.
Scotty
Because a lot of people are
saying this might affect the sale of SOE’s. Do you think
this case will really derail what the Government’s trying
to do in selling of State assets?
Maanu Paul
I firmly
believe so. At the moment the Government is selling the
State owned asset at no cost – meaning that it’s not
paying a cent for the water that provides the value in the
shares and that is to generate the power. Once we get a
decision from the Tribunal that says, yes Māori have
proprietorial interests in water Government go and negotiate
with, Māori a cost will be incurred. Immediately overnight
the shares will halve.
Scotty
Rawiri – do you think
the Tribunal will be able to derail the Government’s
attemps to sell of SOE’s ?
Rawiri Taonui
There’s
the potential for that. At the moment the Crown is trying
to keep the issue of SOE sales and Māori water rights
separate but we’ve seen comments from Bill English and
John Key about preferential shares or buy back shares that
will go to Māori and that tell us that they understand the
issues aren’t separate and it’s going to be very
interesting to watch.
ENDS