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

Māori claims to rights over water – Waitangi Tribunal recommends halt to partial privatisation of State-owned power companies

The Interim Report on the National Freshwater and Geothermal Resources Claim

Waitangi Tribunal (Wai 2358, 24 August 2012)

The Waitangi Tribunal has found that Māori have residual proprietary rights in bodies of water.  In an interim report, the Tribunal found that the Crown will be in breach of Treaty principles if it proceeds with the sale of shares in State-owned power generating companies (the Mixed Ownership Model companies) without first creating a mechanism to preserve its ability to recognize Māori rights.  The Tribunal recommended that the Crown urgently convene a national hui to determine a way forward and that the sale of shares in the Mixed Ownership Model companies be delayed while the Treaty partners negotiate a solution.

Download The Interim Report on the National Freshwater and Geothermal Resources Claim here (4.81 MB PDF). read more