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

Agreements Signed:
PM Meets With Chinese President

Prime Minister John Key held successful talks with Chinese President Xi Jinping in Wellington today...

“Today we have agreed to characterise the relationship between our nations as a Comprehensive Strategic Partnership, recognising the significance of the bilateral relationship to both countries.”

Ten new agreements and arrangements between New Zealand and China have been signed, including an amendment to the Free Trade Agreement that will enable a television co-production arrangement. More>>

 

Parliament Today:

Savings Targets: Health Procurement Plan Changes Direction

Next steps in implementing DHB shared services programme Health Minister Jonathan Coleman says the Government has agreed to explore a proposal put forward by DHBs to move implementation of the shared services programme to a DHB-owned vehicle. More>>

ALSO:

Joint Health Product Regulator Scrapped: Statement Regarding ANZTPA

The Hon Peter Dutton MP, Minister for Health for Australia, and the Hon Dr Jonathan Coleman, Minister of Health for New Zealand, today announced their governments’ agreement to cease efforts to establish a joint therapeutic products regulator, the Australia New Zealand Therapeutic Products Agency (ANZTPA). More>>

ALSO:

More Health News:

Gordon Campbell: On The SAS Role Against Islamic State, And Podemos

Only 25% of the US bombing runs are even managing to locate IS targets worth bombing. As the NYT explains at length, this underlines the need for better on-the-ground intelligence to direct the air campaign to where the bad guys have holed up... More>>

ALSO:

Public Service: Commission Calls For Answers On Handling Of CERA Harassment

EEO Commissioner Dr Jackie Blue is deeply concerned about the way in which the State Services Commission has handled sexual allegations made against CERA chief executive Roger Sutton this week and is calling for answers. More>>

ALSO:

Gordon Campbell:
On Andrew Little’s Victory

So Andrew Little has won the leadership – by the narrowest possible margin – from Grant Robertson, and has already been depicted by commentators as being simultaneously (a) the creature of the trade unions and (b) the most centrist of the four candidates, which would be an interesting trick to see someone try in a game of Twister. More>>

ALSO:

China President Wishlists: Greens Welcome Xi, But Human Rights Need To Be On Agenda

“President Xi has made some progress on climate change, but he must also lift the Chinese government’s game on human rights issues,” Green Party Co-leader Dr Russel Norman said... It is important that our Government continues to urge the Chinese government to show restraint and respect human rights in both Tibet and the Xinjiang province.” More>>

ALSO:

Airport Security Breach: CAA Fines Minister

Minister Brownlee has been issued an infringement notice and is required to pay a $2000 infringement fine for breaching Civil Aviation Rule 19.357(b), which states no person may be in an airport security area without an appropriate identity card or document. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news