High Court rejects Māori Council water rights case

New Zealand Māori Council v Attorney-General

[2012] NZHC 3338

11 December 2012

The High Court declined the New Zealand Māori Council’s application for judicial review of decisions relating to the proposed partial privatisation of the State-owned Enterprise Mighty River Power. The Supreme Court will hear the Council’s appeal from that decision at the end of January 2013.

Download New Zealand Māori Council v Attorney-General [2012] NZHC 3338 here (519 KB PDF). read more

Māori rights in water – the Waitangi Tribunal’s interim report

The Interim Report on the National Freshwater and Geothermal Resources Claim

Waitangi Tribunal (Wai 2358, 2012)

Do Māori have commercial proprietary interests in water protected by the Treaty of Waitangi?

If yes, will the sale of up to 49 per cent of shares in State-owned power-generating companies affect the Crown’s ability to recognise those rights and remedy their breach?

These questions have been before the Waitangi Tribunal these past few months.  On 24 August 2012, the Tribunal found that Māori still have residual proprietary rights in water and the Crown will breach the principles of the Treaty of Waitangi if it goes ahead with the intended share sale.

Download the Stage 1 Report on the National Freshwater and Geothermal Resources Claim here (4.8 MB PDF). read more