Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Supreme Court Decision on Maori Water Rights

MEDIA RELEASE

29 AUGUST 2014

Supreme Court Decision on Maori Water Rights


Donna Hall, solicitor for the New Zealand Maori Council, and the Waikato River and Dams Trust said:

“ … the Supreme Court refused to give Pouakani people what they asked for, but may have given them something much, much better instead. The Appellants had argued that the Crown’s ownership of the River was as a fiduciary for the benefit of Maori. Instead, the Supreme Court has questioned whether the Crown owns the River at all.”

The timing of the decision will assist the New Zealand Maori Council before the Waitangi Tribunal in its claim over Maori propriety interests in water, stage 2, which is being prepared. It provides significant affirmation of the Tribunal’s decision at stage 1. The Crown cannot point to English law and assert that no one owns the water. The question isn’t, what was the law of England? The question is what, is the law of New Zealand? In particular, what was the customary position of Maori which the Crown promised to protect?

Today’s Supreme Court decision requires “all Maori to re-look at the way water issues are addressed”, said Ms Hall.

The Tribunal Inquiry process is the appropriate forum in which to debate the major policy issues identified with protection of Maori proprietary rights and protection of the quality of New Zealand’s water resources for everyone.

The Supreme Court’s refocusing of the water debate around the question of ownership has large implications for all Maori. The door to that argument is now open for claimants like Waikato River and Dams Trust to grow through said Ms Hall. This has only come about because of the courage of the Pouakani people to tackle the hard arguments head on.

END


© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Parliament Today:

Werewolf: The Defence Pretence

Last year, the world began spending more money on weapons again, for the first time since 2011... New Zealand belongs to a region – Asia and Oceania – where military spending rose sharply in 2015, by 5.4 per cent. More>>

ALSO:

Gordon Campbell: On Not Crying Foul, Argentina

So a couple of guys found to be criminally liable of environmental pollution in Argentina lodge an application with the Overseas Investment Office… in order to buy some prime New Zealand rural land. Seems that their factory back home had carelessly and/or intentionally discharged toxic waste into the Lujan river. Bummer... More>>

ALSO:

Urban & Rural: $303m To Merge And Modernise New Zealand’s Fire Services

Internal Affairs Minister Peter Dunne today announced funding of $303 million over five years to combine urban and rural fire services into one organisation from mid-2017. More>>

ALSO:

High Trust Regime: What Did The PM Tell His Lawyer About Foreign Trusts?

The Government stopped the IRD from reviewing New Zealand foreign trusts shortly after the Prime Minister’s lawyer wrote to the Revenue Minister claiming John Key had promised him the regime would not be changed. More>>

ALSO:

Road Crime: Wicked Campers Vans Classified As Objectionable

The definition of publication includes any "thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words", The Classification Office has previously classified such 'things' as billboards, t-shirts, and even a drink can. This is the first time the Classification Office has classified a vehicle. More>>

ALSO:

'When New' Repairs: Landmark EQC Settlement

The Earthquake Commission has cut a deal with 98 Canterbury homeowners that affirms the government entity's responsibility to repair earthquake-damaged property to a 'when new' state, as well as covering repairs for undamaged parts of a property and clarifying its position on cash settlement calculations. More>>

ALSO:

Gordon Campbell: On Kiwirail’s Latest Stint In The Dogbox

The denigration of Kiwirail continues. The latest review (based on a 2014 assessment) of the options facing the company have enabled Kiwirail to be hung out to dry once again as a liability and burden on the taxpayer. More>>

ALSO:

Royal Society Report: Good Opportunities To Act Now On Climate Change

There are many actions New Zealand can and should take now to reduce the threat of climate change and transition to a low-carbon economy, a report released today by the Royal Society of New Zealand finds... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news