Watching brief on water ownership: iwi

Mark Solomon
Mark Solomon
Powerhouse South Island iwi Ngai Tahu is keeping a "watching brief" on water ownership, but does not see the issue affecting the partial sale of state assets.

This week, the Waitangi Tribunal heard urgent claims by the Maori Council and some iwi wanting the partial sale of state assets to be delayed while claims on water and geothermal resources were discussed.

Prime Minister John Key provoked reaction this week by commenting that no-one owned water, and that the tribunal's recommendations were not binding.

Yesterday, Te Runanga o Ngai Tahu kaiwhakahaere Mark Solomon issued a statement to the Otago Daily Times confirming the iwi's position on water rights.

"Iwi leaders have committed to having a dialogue on all water issues on the national stage through the Land and Water Forum, and on rights and interests via the Freshwater Iwi Leaders Group.

"Therefore Ngai Tahu is taking a watching brief only in the Waitangi Tribunal. Ngai Tahu do not see the sale of shares in these assets as an impediment to resolving the issues of iwi rights and interests in water."

University of Otago Te Tumu lecturer and barrister Dr Paerau Warbrick said the Waitangi Tribunal claim was about more than just the ownership of water.

"Maori have always been willing to share resources, but they don't like it when the Crown takes the resources and says 'We now own it, and all of you - Maori and Pakeha - are not going to own it."'

The "next step" would be for the Crown to move towards privatising those same resources, he said.

"This is the reason why Maori are rearing their heads. We don't actually want to formally get title to water but we are always forced into it."

New Zealand history was full of examples of the Crown taking resources, whether it be the seabed and foreshore, or large tracts of Maori-owned land, he said.

While Mr Key was right that he did not have to follow any recommendation of the Waitangi Tribunal, it would be a different case if Maori took their case to the High Court.

"They will test it in the tribunal first, and then if it is favourable they will go off to the High Court, and that judge will be under immense pressure from the findings in the tribunal."

Dr Warbrick said Mr Key was falling into the same trap as Helen Clark did in her handling of the seabed and foreshore issue, and should instead reassure people the Crown and Maori would continue discussing the issue to arrive at an agreeable arrangement.

Mr Solomon told the ODT it was too early to indicate whether the iwi would buy shares in the partial sale of state assets.

"Our focus is naturally on the Christchurch rebuild, but we keep an open mind on these matters."

- hamish.mcneilly@odt.co.nz

 

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