Government settles key Maori water claim ahead of Mighty River Power decision
BUSINESSDESK: The government has agreed a path to settling a major Maori water claim, relating to the Whanganui River, in the rohe or tribal area of the co-leader of the Maori Party, Tariana Turia.
The settlement, announced late yesterday by Treaty of Waitangi Negotiations Minister Chris Finlayson, comes ahead of a Cabinet decision due next Monday on whether to proceed with the partial privatisation of Mighty River Power in face of a Waitangi Tribunal recommendation to halt the process while Maori claims to rights and interests in water are settled.
The Maori Council is expected to seek a High Court injunction blocking the sale if the government ignores the tribunal's recommendations.
It appears the government believes it would defeat such a court challenge because of the demonstrable progress being made to settle Maori claims to rights and interests in water.
The settlement of 139-year-old claims by Whanganui iwi would be a further string to that bow.
The framework agreement for settlement did not talk of "ownership" of the river by iwi, but rather recognised "the mana of the river from which the iwi's mana flows, and on its future health and well-being," says Finlayson, who described the Tutohu Whakatupua agreement as a "historic event".
While an Iwi Leaders Group on Freshwater has signalled it prefers negotiation with the government, the Maori Party has been caught again in the politics of appearing to compromise Maori interests for its coalition partner status Prime Minister John Key's National Party administration.
"Whanganui River iwi have sought to protect the river and have their interests acknowledged by the Crown through the legal system since 1873. They pursued this objective in one of New Zealand's longest running court cases.
"Today's agreement which recognises the status of the river as Te Awa Tupua [an integrated, living whole] and the inextricable relationship of iwi with the river is a major step towards the resolution of the historical grievances of Whanganui Iwi and is important nationally."
Elements of the detailed settlement, which has yet to be finalised, include the appointment of guardians for the river and agreement of a strategy for its management involving iwi, central and local government, commercial, recreational and other users of the river.
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Comments and questions32
A number of springs and streams from our hill country farm run into a major river system. Does this mean that we have a degree of ownership or governance over the river.
Personally, I’m not sure that you have any understanding of what these claims are about. And the fact that you make such a comment suggests that you haven’t even taken a minute to try. That is so typical of people in this country, willing to have a rant about something that they have never tried to comprehend.
It is a part of Māori culture and identity to be able to protect and sustain the natural resources that make up their tribal landscape. Their ties to this land go far back, and are not about control, or ownership, but protection and enjoyment. If the water resources are sold, they lose the right to protect it. They can’t say “Hey don’t dump fertilizer in the river please, you’re going to ruin it, and our kids won’t be able to swim,” because they will have no right. Someone else will own it.
By selling these resources we are not only removing the “power” from Māori people, we are removing a part of their shared history, their personal identity and their culture, and their right to protect it.
Think of the fuss that arises when someone wants to bowl a heritage building. We bring up these same arguments, “This is part of our history,” “Don’t ruin our culture,” “My grandfather built that house with his own two hands,” etc. If a council was to remove all heritage regulations, there would be an uproar. Giving people with private interests the right to govern how these assets are managed generally means that they disappear. Or deteriorate.
Why shouldn’t the same ethos apply to our waterways, which have been forged over thousands of years, and no matter how much money was thrown at it, could never, ever¸ be recreated. Think about what you’re suggesting.
This is not a fight over nothing.
The Government is not selling resources. The power generators only have a licence to use the natural flow of the rivers through dams constructed by those generators to generate electricity. Further, the Government is only selling minority shareholdings in those power generators. So, the Government remains the controlling shareholder. Any settlements between the Government and iwi with an interest in a river can still go ahead, and apply to all uses of the river, including electricity generation. I don't remember all this hue and cry from the Maori Council when Contact was sold off 100%, or over TrustPower, which has always been outside government ownership.
We are sick of having to pander to Maori mythology based rights nonsense.
You've been sponging off our hard earned tax dollars for decades and we've had enough.
It is a fact that you are immigrants here like the rest of us and we will seriously start to look at deporting you back to China if you don't comply with our New Zealand way of life.
We want you to get off the drugs,get educated,learn how to speak properly,get a job and for Christs sake lose some weight will you,it's disgusting having to look at how grossly obese you are.
Have you read this? Do you have any idea what you are saying? It is wrong on so many levels.
Firstly, when you say “we” I assume you mean white New Zealanders of European descent? Because that’s certainly what you must be. And what you’re saying is not true. You have no right to make racist comments on behalf of all of the people in this country who identify themselves in the same way you do but don’t hold your ridiculous extreme views.
And what is “Maori mythology based rights nonsense?” That doesn’t even make sense. Culture and heritage are not mythology. Maybe you should head back to primary school… Just saying… Or be deported to China. What a stupid thing to say. You say it so seriously, like you really haven’t figured out that you can’t actually “deport” people to other countries that have nothing to do with them. Makes you wonder.
And while Maori people may be as you say “immigrants,” they were still here first. You don’t barge up and push in line at the supermarket and then say, hey it’s not your supermarket, you don’t live here, same as I don’t. I mean seriously.
“If you don’t comply with our New Zealand way of life.” How can you be for real? I can’t understand people like you. Your mind is so closed, and I feel truly sorry for anyone who ever has to talk to you, work with you, or be your child. Accept diversity. Love diversity, without it how will we ever get new ideas? Different cultural backgrounds make for a more interesting world, which has more potential for collaboration and innovation.
“We want you to get off the drugs.” I’m pretty sure I’d be on drugs if I had to deal with this kind of blatant racism on a daily basis. The very fact that people like you expect this of all Maoris shows not only how closed minded and stupid you are, but also that this cycle is self perpetuating. If you have low expectations, you will get low performance. Shame on you.
“Get educated.” Many Maori people are educated. Many have greater levels of skills and knowledge in their chosen fields than you do. (Well, obviously they do… maybe you’re not the best example.) And what gives you a right to judge people who aren’t educated in the same system as you are. Maybe it has nothing to do with them and you should learn to value other people’s input instead of taking a crap on their identity, their achievement and their ideas.
The last part of your argument is fabulous though. It’s like when you’re a little kid, before you have any comprehension of the world around you, and you’re having a fruitless and ridiculous fight with someone, maybe your brother. You realise that he might have a point, and he’s proven that most of your argument is flawed, and so you go for the low blow – “Well… well… well… You’re fat!”
Grow up!
It may be noble to try and champion an ethnic minority but to be indenial is just stupidity.
It may not be pleasant to hear these facts about Maori but you must accept them if we are to move on.Maoris are over represented in every low socio economic indicator.Drug abuse,child abuse,beneficiary dependency,low levels of education and high levels of crime.
I wouldn't say that Maoris themselves are angels when it comes to commiting racial abuse either.I have heard many times Maori being openly racist towards Asians and other peoples.
Also as Maori are descended from Asian peoples technically you are Asians and therefor quite clearly an immigrant.In an extreme case therefor one must ponder the questions as you are Asian immigrants should you be subject to the same laws as our other Asian immigrants.Just a thought.
But how far can you go back? I mean seriously, didn't everyone come from Asia or Africa?
Have you ever thought about why Maori might be over represented in these groups? Check out the link i have included below. Read through the list of bullet points that is included on the page. Even if you think its stupid, please think about it. I implore you! It's definately an interesting thought even if you want to continue in your own stupidity and denial :-)
http://www.amptoons.com/blog/files/mcintosh.html
The evidence is humans originated in Africa hundreds of thousands of years ago.Maoris can trace there origins to Taiwan about five thousand years ago, this clearly makes them an Asian immigrant.
Being the second or third people to arrive in New Zealand 700 years ago does not make you indigenous.Again there is evidence the Moriori were amongst the first to arriive and there may have been people before them.By your own argument these people should have rights before you as they were pushed off their land.
We have other immigrants who have suffered too and in some cases alot worse,but you dont see them wingeing and blaming everyone else for their predicament,no they just get on with it.
You seem to be conveniently quiet about the xenophobia and racial abuse directed at other peoples by Maori.Please inform me how this is justified.
Typical Maori apologist in total denial of the facts.
And there is no excuse for being grossly obese.It is unacceptable.Its a turn off and disgusting.It doesn't take much to exercise regularly and eat healthy instead of gorging yourself on copious amounts of food as Maoris do.Its disgusting.
Don't be silly.
Not all Maoris do that, and other people of other races do that too. That's something that people do, not something that a race does.
You're disgusting. I'd rather get with Fat Bastard off Austin Powers than a racist like you
I have witnessned Maoris being openly racist too.Before you point the finger clean up your own back yard.
No water is being sold in the SOE in question. - The Maori gave up the rights to protect and sustain that which they do not directly own under the first article of the treaty. That job/role now falls to the Crown. However the Maori have rights under the 3rd article like everyone else to lobby the government in the execution of that role. The SOE's in question like any other commercial or non commercial organisation have applied for and received a consent to use water - again that is part of a management process under the 1st Article of the Treaty. Now if under the 2nd article of the Treaty the Maori want to claim ownership and or rights for management again that should be directed to the Crown focusing on the Water Management role that the Government has under the 1st Article. There should be no direct focus on any commercial or non commercial organisation that may have been issued a consent to use water and especially not one singled out in particular. Obviously if they are successful there may well down the track be a financial impact on water consent holders which may impact on the price of certain commercial organisations including the SOE's.
They have attempted a political move- and the tribunal has supported them in that political move. In the long run this will harm Maori interests and the Tribunals integrity when they start mixing political interests with their rights under the treaty.
depends on wether or not you pollute the streams and springs as they run down to the river, also the word governance is debatable, is it your duty to take care of the waterways? absolutely.
Unless your a Maori I seriously doubt it. It appears only they can lay claim to everything, even though their own mythology claims they sailed here from other shores as much as the rest of our ancestors did. Kind of negates the collins dictionary meaning of the term indigenous. But, if you follow the meaning of indigenous, many white people were born here too. Does that then not make them indigenous???
Let me tell you --having been born into a kairima family ( 6th generation)and raised in the far north during the 40's and 50's there would be sweet bugger all full maoris around- more half castes than pure bloods -- its interesting that when anything is up for grabs its always the maori lineage they want to project --they make the mythology up as they go along
The comments here just show the general lack of understanding of the claims. Water belongs to the the people Not to the governments or the corporations that rape our resources and sell them back to us.
Just out of curiosity why does our water cost so much to buy?
Cost of water relates to its collection and distribution. If you don't like it, exercise your free will and collect your own.
Stop the handouts. End the Treaty and race based special treatment.
It's about time that Hoodoo Voodoo mythical ideology stopped being integrated into the politics of this country. Successive governments have had no mandate.
After the scandalous display by Finlayson and Barry on Aucklands North Shore I cannot trust anything this man has anything to do with. He is a disgrace to ethical and honourable thought with his pandering to racism.
So that's you not voting National next election then?
Good, tell your mates as well, maybe we can get rid of this pandering party.
He panders to it, as its a food ticket for his legal brethren, and for generations of lawyers to come.
both of them are a waste of space-- I stopped voting National at the last election after some 50 years of support -- I just cant believe the National Party selection process came up with Ms Barry at the candidate for North Shore
There is only one interest by "Maori" in all all this: MONEY
If we all became Maori's ... which should be pretty easy, as its obvious that you dont have to have brown skin or even be full blooded. We could then have all the goodies for all of us ... or is that to fair??
How can you claim ownership of something that falls uncontrollably from the heavens?
Its all about MONEY - yet again. .
How many millions have we already forked out to Maori in "compensation" ??
How much more will Maori want?.
And for what?.
Will that be in return for getting the Maori vote?
The gravy train has to stop NOW.
Stop voting National, easy answer.
I agree, Vote ACT instead - then this country might finally start going ahead
agreed. I will stop voting National and will support any party that take the Treaty out of our policies, laws and anything else.
A treaty by it's definition is an agreement between parties to respect each others rights, just because one party decides it's had enough is no reason to disregard it.
How can Finlayson be an unbiaed and uncompromised 'player' in his position of Treaty negotiations Minister, when he represented one of the claimant tribes in a claim proir to becoming the Minister? Finlayson has too much power to negotiate deals as it is plainly clear to all just where his loyalties lie......either that or he is spineless and can't stand up to the cultural and political pressure. Does anyone not think it strange that we are talking about a new claim...water hasn't been an issue until talk of minority shareholding sales of the power generator companies. I do believe that 1 September 2008 has long passed. To those of you who don't know..... that was the date "no new claims will be recognised" in other words, the shut-off date for new claims. Helen Clark wrote that into law. The Wanganui River claim was already underway, but that deals with a specific river and not water in general terms. Finlayson, grow some balls and do your job!! Show some 'metal' and stop the pandering. Key, protect the general population of this country ...you do not have a mandate to continue 'dishing out' whatever takes Maori fancy while the rest of us are powerless to stop the madness. Come next election you will see people power at work unless you lot start listening.
As for the review of the constitution of NZ..... if the Treaty is to be included in a new constitution....watch the exodus from this country...59,000 in the last year...will be nothing !! These current grabs are all 'light hearted stuff' as we will have Maori law, absolutely nothing will be possible without reference to the Treaty...NZ will be on a very slippery slop to a bannana republic. Some of you may laugh at that last sentence... to you I say stop navel gazzing, get a dose of reality and become a little 'street smart'.
Which Maoris give a toss about conserving, managing and caring for natural resources? Its all bunkum and should be exposed as such. I care very much for the environment yet somehow my caring isnt as valid as a Maori's caring. Total rubbish,