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

 

PARLIAMENT TODAY:

Shifting Goalposts: New 2030 Emissions Target Is Weaker - Expert

Minister Tim Groser said the new climate change target is a significant increase on the current target of 5 percent below 1990 emissions levels by 2020... the 2030 target gives New Zealand “10 extra years to produce very little extra reduction”. More>>

ALSO:

Education: Government Continues To Fail Students With Special Needs

Children with special needs are continuing to miss out on inclusive education because of an under-resourced and underfunded system, says NZEI Te Riu Roa President Louise Green. More>>

ALSO:

Gordon Campbell: On Where Greece Goes From Here

As one candid British commentator tried to come to grips with why his confident prediction of a “Yes” vote in Greece has failed so resoundingly, he said that he’d made that prediction from his own viewpoint – as someone with savings to protect. But most Greek people, he suddenly realised, didn’t have that concern anymore after five years of austerity. Duh. More>>

ALSO:

Post-Cabinet Presser: EQC Reform, Greece & Surplus Stimulation

Prime Minister John key discussed proposals for reform of the EQC act and the Greek economic crisis at a press conference in Wellington. More>>

ALSO:

GCSB/NZSIS: Intelligence And Security Reviewers Seek Public’s Views

“We are seeking public submissions to help us determine what issues to focus on during the review,” says Sir Michael Cullen. “We want to hear your views on what the GCSB and NZSIS should be doing to protect New Zealand and how they should do it.” More>>

Education: Schools Funded To Trial Innovative Approaches

Education Minister Hekia Parata has announced the successful applicants for a new $10 million fund to encourage innovative teaching practices. “I’m delighted with the quality of the 39 projects that have won funding in the first round of the Teacher-led Innovation Fund worth a total of about $2.6 million,” says Ms Parata. More>>

ALSO:

Generation Zero: Skypath Granted Resource Consent

Generation Zero is delighted and relieved that the ‘Skypath’ walking and cycling addition to the Harbour Bridge has been granted resource consent. More>>

ALSO:

Housing: Two New Auckland Special Housing Areas

Two new greenfield Special Housing Areas (SHAs) that will provide up to 1800 new homes in Auckland have been announced today by Building and Housing Minister Dr Nick Smith and Mayor Len Brown. More>>

ALSO:

Royals: The Prince Of Wales And Duchess Of Cornwall To Visit

Prime Minister John Key welcomes today’s announcement that the Prince of Wales and The Duchess of Cornwall will visit New Zealand in November. This will be the second joint visit for Their Royal Highnesses to New Zealand. More>>

ALSO:

Tracey Martin Replaced: Ron Mark Is New New Zealand First Deputy Leader

Clayton Mitchell was the successful candidate for the Associate Whip position. Winston Peters was re-elected as Leader by the Caucus. Ron Mark was elected as the Deputy Leader with effect from 10am, Friday, 3rd July. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
More RSS  RSS
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news