web analytics

Judicial review of water ownership rejected

Written By: - Date published: 9:53 pm, December 11th, 2012 - 17 comments
Categories: Maori Issues, national, Privatisation, water - Tags: ,

A win for the Nats, a loss for the country. As reported on 3 News:

Maori Council loses water rights bid

The Government can forge ahead with its asset sales agenda after the Maori Council’s bid for a judicial review into water ownership was rejected.

The council and two other claimants argued the Government acted unlawfully by moving ahead with a share offer in Mighty River Power without first resolving Maori water rights.

But Justice Ronald Young says there are no grounds for a review and the Government’s consultation with Maori was adequate. He says the Crown is not obliged to wait until the Waitangi Tribunal process was finished before asset sales could precede [sic].

The Maori Council will appeal, but TV1 is describing it as a “pretty crushing victory for the Crown”.

Update: Small and Watkins cover the reasoning behind the decision, and you can download the Judge’s ruling (88 page pdf).

17 comments on “Judicial review of water ownership rejected”

  1. the pigman 1

    Unfortunately the MSM’s level of reporting on the specifics of the judicial review/the grounds on which it has advanced is very poor. From what I could tell from the snippet of Young J’s decision, the Maori Council advanced their case (at least to some extent) on the basis that they had a legitimate expectation of the government considering Maori water rights claims before taking a decision to sell the assets.

    I would be interested in any information available publicly online. Have the written submissions of the Maori Council been published somewhere?

  2. xtasy 2

    The problem for Maori in NZ has been and still is: This total reliance on “The Crown”, and any rights coming from an agreement with the Crown through the Treaty of Waitangi. It is a too vague document, and hence it gets disputed again and again.

    In my view it is a typical “colonial con job document”, designed to mislead, irritate, create ambiguities and ultimately serve the “smarter” party, being the coloniser, or the former coloniser, as it is now the situation.

    All legal decisions are now based on issues in relation with “the Crown”.

    There are still those arguing that the TOW is not a valid document, and that the United Tribes had other agreements before that, which should never have been dis invalidated.

    NZ has been “colonised” in the meantime, so all this is just a pretended process now, as the power arrangements were determined over a century ago.

    Maori have been, still are and will remain to be factually “disowned”, as the whole set of settlements under the TOW are also a farce, to serve the elite of the existing regime, same as an elite within Maoridom, to pretend this is all a fair solution to all, and it will be sorting things out forever.

    My view is, this is all a continuation of the endless lies from the early days of colonialisation of NZ, that did in effect take place. The goal is to ultimately “assimilate” and “absorb” Maori people, and thus do away with their existence, so that the anglo saxon dominant commercial regime can take and maintain full control, disregarding any racial or cultural heritages any existing native or prospective migrant residents and citizens to NZ would ever have.

    The ultimate goal is commercial interests to dominate all areas of importance of NZ society, to keep the populace into servitude, to deliver the work service at a cheap price, to enable an elite to sell goods and services to overseas economies to make a great profit and living for themselves. Nothing else is happening, has happened for a long time, and none else is planned for the future.

    All this hype about a few power companies, dams and water rights are really just a side show issue of what has long time ago been decided. Reading the case and judicial decision, it is so obvious, what it is all based on. It has a total disregard to the true meaning of the TOW, the true meaning of the rights to water, land or whatsoever of Maori, is is anything but surprising.

    I have as of recent been presented other “decisions” under law, by certain decision makers in other areas. They are full of hypocrisy, flaws, outright contradictions and lies, that is what this country’s law and system is based on. NZ is a country that has NO true legal system of substance of its own, it is merely a mirror of English law, reflected largely in colonial and post colonial law, applied here.

    The only solution is to abolish the Crown, the English Law, and to create a republic and a new system of basic and other laws, as is common in so many other countries, to create a completely new, independent, more fair and sensible judicial, executive and legislative system, also designed to be more representative, more balanced and more inclusive.

    NZ at present is a total JOKE, when it comes to all this. It is a sophistically designed system, only serving an elite few!

  3. Repeated from open mike.

    One interesting clanger by the Prime Minister has emerged in the judgment.  He filed an affidavit in the case that said the following:

    “Ministers were clear throughout the process that particular Māori iwi/hapū have rights and interests in specific water and geothermal resources in rohe. If the applicants are seeking to suggest otherwise that is simply wrong”.

    I have tried to but no matter how hard I try I cannot reconcile this statement by Key with his comment that “no one owns water”.

    So is this evidence of him telling a porkie or just being deliberately disingenuous.

     
    • Populuxe1 3.1

      “Rights and interests” do not mean the same thing as “ownership” – Medieval history is full of examples of communities having rights to graze, gather wood, and so forth on land they didn’t directly own. The commons is another example – no one owned the commons because everyone had the right to use it.

    • Un petit roitelet 3.2

      “Rights and interests” differ from “ownership”.

      I interpret his comment that no-one owns water to mean that no-one owns all water, but they they can establish a right to the use of a measured quantity of it from a particular source.

  4. Tracey 4

    I was just listening to J Key speaking on Firstline. he referred to Justice Robert Fisher who has been asked to peer review Binnie’s report as “Rob Fisher”. May be nothing but may indicate a more than passing familiarity with him or he has him confused with Rob Fisher of Rugby connections?

  5. Tracey 5

    It seems to me that some folks have misunderstood the purpose of the hearing. It was to determine if the “process” was correct, not whether it is right or wrong for the govt to forge ahead as it is. IF the court held that the process undertaken by the Govt was correct, my understanding is that is primarily the beginning and end.

  6. bad12 6

    The High Court as far as Maori rights and interests in water resources is just the first step in a long journey,

    This time next year i fully expect to be awaiting a decision on the issue from the Justices of the Supreme Court,

    Should the Slippery lead National Government lose in either the Court of Appeal or the Supreme Court on the issue i also expect them to legislate over the top of such a Court decision…

  7. Peter 7

    I read this more as a pragmatic decision by the judge, letting the highest court in the land make the decision to strike down asset sales, rather than leaving his judgement to be then subject to much more scrutiny by higher courts.

    • Veutoviper 7.1

      That was my instant reaction also, Peter. Whichever way Justice Fisher went, it was almost certainly bound to go to appeal to a higher court. (I have not yet read the decision – so that was an instinctive reaction rather than one based on the actual judgement.)

      • Tracey 7.1.1

        Justice Fisher??? The same Justice Fisher who is now peer reviewing the Bain independent report???

        Curiouser and curiouser.

        I guess it couldnt be Winkelman cos she definitely hasnt assisted this government in 2012.

        postscript: I have just read the decision and note it is Justice Young not Fisher as stated above.

  8. karol 9

    Mana says it’s a set back, but there’s possible further court appeals, plus the asset sales petition is near to achieving the required numbers of signature.

  9. Tracey 10

    I guess JKey must have read this one… as opposed to the J Banks decision by the police. This is what opposition need to be doing, making snappy soundbits… when asked to comment ont he decision Party leader said, we are pleased to see the PM has decided after 4 years he needs to read reports and decisions, unlike in the John banks case.

  10. OneTrackViper 11

    A win for the country. The alternative would be worse. But, never mind, there is still an appeal or two to go. Instead of spending the money (legal aid?) on “poverty” we can give it to rich lawyers.

Recent Comments

Recent Posts

  • SFO given more info on ex Ministry staffer
    More information on the background and past activities of a former senior Ministry of Transport manager, being investigated for alleged fraud, is coming to light, Labour’s Transport Spokesperson Sue Moroney says. “Today, I have ensured that information on Joanne Harrison’s ...
    2 hours ago
  • Petition for free vote on Shop Trading Hours Bill
    “Labour is petitioning the Government to allow National Party MPs to have a free vote over Easter shop trading legislation, says Pacific Island Affairs spokesperson Su’a William Sio.  “The Bill which allows shop trading on Easter Sundays has just had ...
    19 hours ago
  • Council must build on heritage, not destroy it
    Auckland Council must move to ensure there are heritage protections in place following recommendations that demolition restrictions be tossed out, Labour’s Arts, Culture and Heritage spokesperson Jacinda Ardern says. The panel considering the Unitary Plan has recommended removing partial protections ...
    19 hours ago
  • Numbers of Māori waiting for homes grows
    With the number of Māori households waiting for homes increasing by more than 20 per cent in the past year, it’s time the Māori Party admits its support of the Government’s state house sell-off has made life worse for whānau, ...
    20 hours ago
  • Children’s ministry, but only for some
    The Government is stigmatising a whole cohort of young New Zealanders while leaving others behind with its creation of a Ministry for Vulnerable Children, Labour’s Children’s spokesperson Jacinda Ardern says. “Confirmation of the move by Hekia Parata, an acting Minister, ...
    23 hours ago
  • QUESTIONS FOR (ORAL) ANSWER – Thursday 28TH OF JULY
    While Parliament might be in recess, there are still plenty of things that Ministers need to answer for. So the Labour team has put together six of the best questions that the Government should be answering today (plus a special ...
    23 hours ago
  • Fee fi fo fum…tax swindle comes undone
    At the same time the Government is looking to pump more cash into private schools the IRD is investigating several over a tax swindle which allows parents to falsely claim private school fees as donations and claim a rebate, Labour’s ...
    1 day ago
  • Government scuppers affordability requirements
    The Government must explain why the panel considering Auckland’s unitary plan removed affordability requirements at the behest of the Ministry of Business, Innovation and Employment and Housing NZ, Leader of the Opposition Andrew Little says. “Labour welcomes the Independent Hearing ...
    2 days ago
  • National pushes on with failed state house sell-off
    Merchant bankers, overseas companies and property developers will be lining up to buy 364 state houses in Horowhenua during two days of “market sounding” meetings starting tomorrow, Leader of the Opposition Andrew Little says. “Despite a housing crisis and families ...
    2 days ago
  • QUESTIONS FOR (ORAL) ANSWER- WEDNESDAY 27TH OF JULY
    While Parliament might be in recess, there are still plenty of things that Ministers need to answer for. So the Labour team has put together six of the best questions that the Government should be answering today (plus a special ...
    2 days ago
  • Andrew Little’s International Affairs Speech
    Tena Koutou Katoa Can I begin by acknowledging: Sir Doug Kidd, President, NZ Institute of International Affairs Maty Nikkhou-O’Brien, Executive Director, who did all the organising for today’s event. Labour’s foreign affairs spokesperson David Shearer. Victoria University of Wellington law ...
    2 days ago
  • Inquiry into surgical mesh needed now
    The Government must urgently launch a Ministerial inquiry into surgical mesh after more than 500 patients have lodged claims of complications with the ACC, say Labour’s Health spokesperson Annette King.  “This is the most widespread crisis involving surgical devices in ...
    2 days ago
  • Crime on the increase yet again
    Police Minister Judith Collins’ contention that crime is falling has proven to be wrong yet again, with latest Police statistics showing an increase in most crimes, Labour’s Police spokesperson Stuart Nash says. “Figures for June 2016 show an increase in ...
    3 days ago
  • Major reform of careers and apprenticeships to meet Future of Work
    The next Labour Government will transform careers advice in high schools to ensure every student has a personalised career plan, Leader of the Opposition Andrew Little says. “Today I am announcing the next Labour Government will commit to a major ...
    3 days ago
  • DOC struggles on the pest front undermine Nats’ predator-free promise
    The Government’s planned predator-free initiative comes at the same time as the Department of Conservation is facing major challenges to keep pest numbers down, says Labour’s Conservation spokesperson Nanaia Mahuta.  “DOC’s annual report shows it failed on 5 out of ...
    3 days ago
  • QUESTIONS FOR (ORAL) ANSWER- TUESDAY 26TH OF JULY
    While Parliament might be in recess, there are still plenty of things that Ministers need to answer for. So the Labour team has put together six of the best questions that the Government should be answering today (plus a special ...
    3 days ago
  • Unfunded CYF a ticking time bomb
    The Ministry of Social Development is sitting on a ticking time bomb with Child, Youth and Family out of pocket by $56 million despite increased demand for its services, Labour’s Children’s spokesperson Jacinda Ardern says. “The new entity that’s replacing ...
    3 days ago
  • Lack of any real funding in predator free proposal
    Predator Free New Zealand is a laudable idea but the Government has not committed any real money into killing New Zealand’s pests, says Labour’s Conservation spokesperson Nanaia Mahuta.  “The $28 million earmarked for this project is just to set up ...
    4 days ago
  • Andrew Little Speech to LGNZ Conference
    Thank you for having me here today. Local Government New Zealand’s work of advocating for New Zealand’s 78 local councils is critical as we upgrade New Zealand’s economy, and make sure it’s delivering for all our people. Whether in Auckland, ...
    4 days ago
  • John Key must sack out-of-depth Trade Minister
    The Prime Minister must sack Todd McClay for failing to do his job as Trade Minister and be on top of a significant potential threat to some of our biggest exporters, Opposition Leader Andrew Little says. “Todd McClay is clearly ...
    4 days ago
  • 45,000 Kiwis sent back to their GPs
    Last year nearly 45,000 Kiwis were sent back to their GPs without getting to see specialists they were referred to, says Labour’s Health spokesperson Annette King. “This is a shocking figure and underlines how far the cut of $1.7 billion ...
    4 days ago
  • Half a million smells like pure cronyism
    The National/ACT Government’s decision to pump hundreds of thousands of taxpayer dollars into a new lobby group to advocate for charter schools shows just how much of a failure their ideological experiment has become, Labour’s Education spokesperson Chris Hipkins says. ...
    4 days ago
  • Select committee changes Kermadec/Rangitāhua Ocean Sanctuary Bill
    Photo by Tom Hitchon Parliament’s Local Government and Environment Committee has made many changes to the Kermadec/Rangitāhua Ocean Sanctuary Bill in response to public submissions, particularly submissions from iwi authorities and Te Ohu Kaimoana.   Read the amended Bill and the ...
    GreensBy Eugenie Sage
    6 days ago
  • Housing map a hit as crisis spreads across NZ
    More than 55,000 New Zealanders have used Labour’s interactive housing map in its first week to see how the housing crisis is affecting their local community, Labour Housing spokesperson Phil Twyford says. “Our innovative map shows the housing crisis is ...
    7 days ago
  • Bridges must come clean about fraud within transport
    Hundreds of thousands of dollars of public money have gone missing and  the Minister of Transport, Simon Bridges must come clean after the Labour party revealed that a senior manager is being investigated for serious fraud, says Labour’s Transport Spokesperson ...
    1 week ago
  • Labour supports Spencer victory
    Labour congratulates Margaret Spencer for her tireless efforts in challenging the Government over family carer rights, says Labour’s Deputy Leader Annette King. ...
    1 week ago
  • US Warship visit welcomed by Labour
    Labour sees the United States warship visit as a red letter day for New Zealand’s non-nuclear status, which is core to our identity and has defined us a nation for 30 years, says Labour’s Deputy Leader Annette King. ...
    1 week ago
  • Time for honest dairy sector conversation
    ...
    1 week ago
  • What next? Dog kennels?
    Social Housing Minister Paula Bennett needs to explain why the Government thinks it is acceptable for it to refer families to live in garages and sheds, says Labour’s Housing spokesperson Phil Twyford. “This is a new low, just when you ...
    1 week ago
  • Banks bust a move, Government possum in the headlights
    Three of the big four banks have acted responsibly by bringing the shutters down on property speculators earlier than required by the Reserve Bank, says Labour’s housing spokesperson Phil Twyford. “It’s a shame the Government isn’t as motivated to act ...
    1 week ago
  • Latest OECD dairy forecast raises serious questions for economy
    The latest global dairy price forecast shows that New Zealand dairy farmers will not reach a break-even payout before 2019 at the earliest, and will not reach the dairy price factored into this year’s Budget until after 2025, Labour’s Finance spokesperson ...
    1 week ago
  • National’s reckless, out of touch approach to economy exposed
    Today’s economic assessment from the Reserve Bank highlights the danger to the New Zealand economy from a National government that is recklessly complacent in the face of a housing crisis and a struggling export sector, Labour’s Finance spokesperson Grant Robertson says. ...
    1 week ago
  • GP’s visits get more expensive
      Visiting the GP is set to become more expensive after the Government ignored warnings that people were not receiving access to affordable  healthcare, says Labour’s Health spokesperson Annette King.  “Over 400,000 New Zealanders who should be able to access ...
    1 week ago
  • Farm prices bear brunt of dairy downturn
    The slump in dairy prices that has seen farm prices drop to their lowest level since 2012 and down a third from their peak in 2014 will be of concern to farmers, banks and our overall financial stability, Labour’s Finance ...
    1 week ago
  • Reserve Bank “gets on with it”, National carries on in denial
    The proposal by the Reserve Bank to tighten loan to value ratios for investors shows they are prepared to do their bit to crack down on speculators, while National is still stuck in denial mode, Labour’s Finance spokesperson Grant Robertson says. ...
    1 week ago
  • Housing crisis holds up interest rate cuts
    The housing crisis that National still wants to deny is stifling the New Zealand economy, says Labour’s Finance Spokesperson Grant Robertson. “The latest Consumers Price Index shows that all prices excluding housing and household utilities decreased 0.5 per cent – ...
    2 weeks ago
  • Housing crisis holds up interest rate cuts
    The housing crisis that National still wants to deny is stifling the New Zealand economy, says Labour’s Finance Spokesperson Grant Robertson. “The latest Consumers Price Index shows that all prices excluding housing and household utilities decreased 0.5 per cent – ...
    2 weeks ago
  • Govt’s state house sell-off ramping up
    Government plans to ramp up the state house sell-off by selling another 1000 houses in 2016/17 will mean more families in need missing out, says Leader of the Opposition Andrew Little. “New figures show the Government plans to sell 1000 ...
    2 weeks ago
  • Govt’s state house sell-off ramping up
    Government plans to ramp up the state house sell-off by selling another 1000 houses in 2016/17 will mean more families in need missing out, says Leader of the Opposition Andrew Little. “New figures show the Government plans to sell 1000 ...
    2 weeks ago
  • National must reassure exporters on dumping case
        The National Government needs to show our key exporters that they are in control of any anti-dumping case against China before it damages some of our most important industries, Labour’s Finance spokesperson Grant Robertson says.     ...
    2 weeks ago
  • National must reassure exporters on dumping case
        The National Government needs to show our key exporters that they are in control of any anti-dumping case against China before it damages some of our most important industries, Labour’s Finance spokesperson Grant Robertson says.     ...
    2 weeks ago
  • Papers describe litany of incredulity
    Treasury documents which slate the Government’s plans for a national bowel screening programme confirm the proposal was nothing more than a political stunt to cover up underfunding of the health sector, Labour’s Health spokesperson Annette Kings says.  The papers were ...
    2 weeks ago
  • Effect of rampant house prices widens
    The latest house price figures from REINZ show the housing crisis expanding throughout the country, says Labour’s Housing spokesperson Phil Twyford. “We are seeing steep increases in median house prices in Central Otago Lakes – up 42.4% in the last ...
    2 weeks ago
  • Public invited to have say on homelessness
    People who are homeless, those who were once homeless, those working with the homeless and concerned New Zealanders are being asked to share their experiences and solutions to this growing issue with the Cross-Party Homelessness Inquiry. This inquiry was launched ...
    2 weeks ago
  • Sorry seems to be the hardest word
    An apology from Hekia Parata to the people of Christchurch is long overdue, Labour's Education spokesperson Chris Hipkins says. "As if the earthquakes weren't traumatic enough, Hekia Parata and the Ministry of Education then attacked the one thing that had ...
    2 weeks ago
  • Housing crisis affecting more than 98 per cent of NZ
    Labour’s new housing map shows the housing crisis is now affecting more than 98 per cent of New Zealand, Leader of the Opposition Andrew Little says. “Housing pressures have seen house prices rise faster than wages in all but four ...
    2 weeks ago
  • Uber might not be a taxi firm but it must pay tax
    Uber needs to explain how it paid only $9000 in tax when it earned $1m in revenue and is one of the fastest growing companies in the country, says Labour’s Finance spokesperson Grant Robertson. “Uber New Zealand appears to be ...
    2 weeks ago
  • Tax changes should have been made 3 years ago
    National could have avoided the international stain on our reputation from the Panama Papers if it had let IRD’s planned review of foreign trusts go ahead three years ago, instead of now belatedly acting because of the Shewan recommendations, says ...
    2 weeks ago
  • Government must stop state house sell-off
    The Government must immediately pull the plug on its planned sell-off of state houses in order to stop the housing crisis getting any worse, Labour’s Housing spokesperson Phil Twyford says. “While Paula Bennett is putting people into transit camps in ...
    2 weeks ago
  • Thoughts on Labour’s new housing policies
    The Labour Party launched its package of ideas to fix the housing crisis over the weekend. Their ideas match ours in many ways. This is good news, because it means that when we change the government we’ll be ready to ...
    GreensBy James Shaw
    2 weeks ago

Public service advertisements by The Standard

Current CO2 level in the atmosphere