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

 


Judgment in Paki v Attorney General

Tamaiti Cairns said that today’s Supreme Court decision is complicated, but, in essence opens the door for Maori people to go forward with their essential claims to water. Further work is required and Pouakani Trust will continue to pursue its claims through Stage 2 of the Waitangi Tribunal Inquiry into water issues.

Our lawyers have provided the following summary of today’s Supreme Court decision:

“ The hapu of Ngati Wairangi, Ngati Moe, Ngati Korotuohu, Ngati Ha, Ngati Hinekahu and Ngati Rakau brought a claim on appeal to the Supreme Court over ownership of part of the Waikato River

A previous decision of the New Zealand Court in 1962 had held that an English common law rule applied here called “usque ad medium filum aquae”. This meant that when land bordered by a river is sold the purchaser acquires the bed of the river up to the midpoint.

The hapū argued that Maori vendors had no understanding of this rule. Therefore, the Crown as purchasers may have acquired the ownership of the bed of the river, but in doing so had fiduciary duties to hold the river for the benefit of Maori.

The Supreme Court have unanimously rejected that argument. However, in doing so the Court has also unanimously found that the common law rule is not the universal law of New Zealand. Whether it applies will depend on the custom and usage of the native vendors.

Therefore, while the Court has refused the appeal calling for the Crown to be found to be fiduciary owners, the Court has gone on to find that it is not clear that the Crown are owners of the River at all. The ownership of the river remains to be determined before the Courts.

While this is not the path that the Pouakani hapū were following, it is a major victory for Maori all over New Zealand. It gives all Maori the opportunity to reclaim the rivers that they never willingly sold. ”

Tamati Cairns said the Supreme Court have set another milestone in the recognition of Maori. It is a reminder that the law must respect the reality of Maori culture rather than assuming, without reason, that laws developed in England automatically apply in New Zealand


© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell:
On War Crimes And The Afghan Insurgency

Truly, with friends like former defence Minster Wayne Mapp, the SAS does not need enemies. At the very least, the Hit and Run book has raised the possibility that the New Zealand SAS committed war crimes in the attack they led in Afghnistan upon the villages of Naik and Khak Khuday Dad...

Mapp’s attempted defence of the SAS on RNZ this morning unintentionally indicated that collective punishment was baked into the planning exercise for the raid, and also into how the raid proceeded on the ground. More>>

 
 

Little Heading For Court: Apology Over Donation/Hotel Contract Claims Not Accepted

Today I want to publicly apologise unreservedly to Mr Hagaman for any hurt, embarrassment or adverse reflection on his reputation which may have resulted from my various media statements. I have offered that apology to the Hagamans. More>>

ALSO:

Biscuit Tin Of Democracy: World Heritage Site Protection, Ombudsman and Equal Pay Bills Drawn

On Thursday, 23 March 2017 three places are available on the Order Paper for the first reading of a Member’s bill. The ballot was held, and resulted in the following bills being drawn... More>>

ALSO:

Emissions Plan: NZ Needs More Science, More Trees, Fewer Beasts

A combination of technology breakthroughs, much more plantation forestry, and a big switch away from pastoral, particularly dairy farming, are identified as the key elements of any approach New Zealand takes to reducing its carbon emissions to a net zero level, according to a new report sponsored by the New Zealand chapter of GLOBE, a multi-party, global parliamentary grouping. More>>

ALSO:

"Backed To Win Seats": Labour Māori Seat MPs Won't Stand On List

The Labour Party is backing a request from its Māori seat MPs to stand as electorate MPs only, says Labour Leader Andrew Little. More>>

OutsKey: John Key's Valedictory Speech

I rise to address this House for the very last time. It has been a huge privilege to have served the people of Helensville as their member of Parliament, and, of course, the people of New Zealand as their Prime Minister. More>>

ALSO:

Productivity Commission: New Models Of Tertiary Education Are Coming

The report is a broad-ranging inquiry into how well New Zealand’s tertiary education system is set up to respond to emerging trends in technology and the internationalisation of education, and changes in the structure of the population, and the skills needed in the economy and society... More>>

ALSO:

PM's Press Conference: Water Everywhere

Monday's Post-Cabinet press conference focused on water, with the Prime Minister fielding questions about the possibility pricing water taken for export. Mr English said the government was directing their water allocation technical advisory group to include export water in considerations. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news