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

  • Govt supports King Country farmers to lift freshwater quality
    Healthier waterways are front and centre in a new project involving more than 300 King Country sheep, beef and dairy farmers. The Government is investing $844,000 in King Country River Care, a group that helps farmers to lift freshwater quality and farming practice, Agriculture Minister Damien O’Connor announced today. “Yesterday ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Support for arts and music sector recovery
    A jobseekers programme for the creative sector and four new funds have been set up by the Government to help our arts and music industry recover from the blow of COVID-19. Thousands of jobs will be supported through today’s $175 million package in a crucial economic boost to support the ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Legislative changes to support the wellbeing of veterans and their families
    Minister for Veterans Ron Mark has welcomed the First Reading of a Bill that will make legislative changes to further improve the veterans’ support system.  The Veterans’ Support Amendment Bill No 2, which will amend the Veterans’ Support Act 2014, passed First Reading today. The bill addresses a number of ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Christ Church Cathedral – Order in Council
    Views sought on Order in Council to help fast track the reinstatement of the Christ Church Cathedral  The Associate Minister for Greater Christchurch Regeneration, Hon Poto Williams, will be seeking public written comment, following Cabinet approving the drafting of an Order in Council aimed at fast-tracking the reinstatement of the ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • New Zealanders’ human rights better protected in new Bill
    The law setting out New Zealanders’ basic civil and human rights is today one step towards being strengthened following the first reading of a Bill that requires Parliament to take action if a court says a statute undermines those rights. At present, a senior court can issue a ‘declaration of ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Deep concern at Hong Kong national security legislation
    Foreign Affairs Minister Winston Peters today reiterated the deep concern of the New Zealand Government following confirmation by China’s National People’s Congress of national security legislation relating to Hong Kong. “New Zealand shares the international community’s significant and long-standing stake in Hong Kong’s prosperity and stability,” Mr Peters said. “New Zealand ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Government invests in New Zealand’s cultural recovery
    Thousands of artists and creatives at hundreds of cultural and heritage organisations have been given much-needed support to recover from the impact of COVID-19, Prime Minister and Minister for Arts, Culture and Heritage Jacinda Ardern announced today. “The cultural sector was amongst the worst hit by the global pandemic,” Jacinda ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Better protection for New Zealand assets during COVID-19 crisis
    Key New Zealand assets will be better protected from being sold to overseas owners in a way contrary to the national interest, with the passage of the Overseas Investment (Urgent Measures) Bill. The Bill, which passed its third reading in Parliament today, also cuts unnecessary red tape to help attract ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Cleaning up our rivers and lakes
    Setting higher health standards at swimming spots Requiring urban waterways to be cleaned up and new protections for urban streams Putting controls on higher-risk farm practices such as winter grazing and feed lots Setting stricter controls on nitrogen pollution and new bottom lines on other measures of waterway health Ensuring ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Record year for diversity on Govt boards
    The Government is on the verge of reaching its target of state sector boards and committees made up of at least 50 percent women, says Minister for Women Julie Anne Genter and Minister for Ethnic Communities Jenny Salesa. For the first time, the Government stocktake measures the number of Māori, ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • New appointments to the Commerce Commission
    The Commerce and Consumer Affairs Minister and Broadcasting, Communications and Digital Media Minister, Kris Faafoi, has today announced the appointment of Tristan Gilbertson as the new Telecommunications Commissioner and member of the Commerce Commission. “Mr Gilbertson has considerable experience in the telecommunications industry and a strong reputation amongst his peers,” ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Historic pay equity settlement imminent for teacher aides
    The Ministry of Education and NZEI Te Riu Roa have agreed to settle the pay equity claim for teacher aides, Education Minister Chris Hipkins announced today. This will see more than 22,000 teacher aides, mostly women, being valued and paid fairly for the work they do. “Teacher aides are frontline ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Govt delivers security for construction subcontractors
    Subcontractors will have greater certainty, more cashflow support and job security with new changes to retention payments under the Construction Contracts Act says Minister for Building and Construction, Jenny Salesa. A recent review of the retentions money regime showed that most of the building and construction sector is complying with ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • New Zealand and Singapore reaffirm ties
    Prime Minister Jacinda Ardern and Singapore Prime Minister Lee Hsien Loong have marked the first anniversary of the New Zealand-Singapore Enhanced Partnership with a virtual Leaders’ Meeting today. The Enhanced Partnership, signed on 17 May 2019, provides the framework for cooperation across the four main areas of trade, defence and ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • JOINT STATEMENT BY THE PRIME MINISTERS OF NEW ZEALAND AND THE REPUBLIC OF SINGAPORE ON THE FIRST AN...
    On 17 May 2019, New Zealand and Singapore established an Enhanced Partnership to elevate our relations. The Enhanced Partnership – based on the four pillars of trade and economics, security and defence, science, technology and innovation, and people-to-people links – has seen the long-standing relationship between our countries strengthen over the ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Government investment supports the acquisition of new Interislander ferries
    State-Owned Enterprises Minister Winston Peters has welcomed KiwiRail’s announcement that it is seeking a preferred shipyard to build two new rail-enabled ferries for the Cook Strait crossing. “This Government is committed to restoring rail to its rightful place in New Zealand. Bigger, better ships, with new technology are yet another ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Better protection for seabirds
    Better protection for seabirds is being put in place with a new National Plan of Action to reduce fishing-related captures, Fisheries Minister Stuart Nash and Conservation Minister Eugenie Sage announced today.   The National Plan of Action for Seabirds 2020 outlines our commitment to reduce fishing-related captures and associated seabird ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Milestone in cash flow support to SMEs
    Almost $1 billion in interest-free loans for small businesses More than 55,000 businesses have applied; 95% approved Average loan approx. $17,300 90% of applications from firms with ten or fewer staff A wide cross-section of businesses have applied, the most common are the construction industry, accommodation providers, professional firms, and ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Government protects kids as smoking in cars ban becomes law
    Thousands of children will have healthier lungs after the Government’s ban on smoking in cars with kids becomes law, says Associate Minister of Health Jenny Salesa. This comes after the third reading of Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Bill earlier today. “This law makes it ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Parliament returns to a safe normal
    The special Epidemic Response Committee (ERC) has successfully concluded its role, Leader of the House Chris Hipkins said today. The committee was set up on 25 March by the agreement of Parliament to scrutinise the Government and its actions while keeping people safe during levels 4 and 3 of lockdown. ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Foreign Minister makes four diplomatic appointments
    Foreign Affairs Minister Winston Peters today announced four diplomatic appointments: New Zealand’s Ambassador to Belgium, High Commissioners to Nauru and Niue, and Ambassador for Counter-Terrorism. “As the world seeks to manage and then recover from COVID-19, our diplomatic and trade networks are more important than ever,” Mr Peters said. “The ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • New Bill to counter violent extremism online
    New Zealanders will be better protected from online harm through a Bill introduced to Parliament today, says Internal Affairs Minister Tracey Martin. “The internet brings many benefits to society but can also be used as a weapon to spread harmful and illegal content and that is what this legislation targets,” ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Mycoplasma bovis eradication reaches two year milestone in good shape
    New Zealand’s world-first plan to eradicate the cattle disease Mycoplasma bovis is on track the latest technical data shows, says Agriculture and Biosecurity Minister Damien O’Connor. “Two years ago the Government, DairyNZ and Beef + Lamb New Zealand and industry partners made a bold decision to go hard and commit ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • New payment to support Kiwis through COVID
    Further support for New Zealanders affected by 1-in-100 year global economic shock 12-week payment will support people searching for new work or retraining Work programme on employment insurance to support workers and businesses The Government today announced a new temporary payment to support New Zealanders who lose their jobs due ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • PGF reset helps regional economies
    The Provincial Growth Fund will play a vital role in New Zealand’s post-COVID-19 recovery by creating jobs in shorter timeframes through at least $600 million being refocused on projects with more immediate economic benefits, Regional Economic Development Minister Shane Jones has announced. The funding is comprised of repurposed Provincial Growth ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Government exempts some home improvements from costly consents
    Government exempts some home improvements from costly consents Homeowners, builders and DIYers will soon have an easier time making basic home improvements as the Government scraps the need for consents for low-risk building work such as sleep-outs, sheds and carports – allowing the construction sector to fire back up quicker ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Concern at introduction of national security legislation for Hong Kong
    Foreign Affairs Minister Winston Peters says the New Zealand Government has reacted with concern at the introduction of legislation in China’s National People’s Congress relating to national security in Hong Kong.  “We have a strong interest in seeing confidence maintained in the ‘one country, two systems’ principle under which Hong ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Samoa Language Week theme is perfect for the post-COVID-19 journey
    The Minister for Pacific Peoples Aupito William Sio, says the theme for the 2020 Samoa Language Week is a perfect fit for helping our Pacific communities cope with the unfolding COVID-19 crisis, and to prepare now for the journey ahead as New Zealand focuses on recovery plans and rebuilding New ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Adult kakī/black stilt numbers soar
    A nearly 40-year programme to protect one of New Zealand’s most critically endangered birds is paying off, with a record number of adult kakī/black stilt recently recorded living in the wild, the Minister of Conservation Eugenie Sage announced today. “Thanks to the team effort involved in the Department of Conservation’s ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Waikato-Tainui settlement story launched on 25th anniversary of Treaty signing
    The story of the Waikato-Tainui Treaty process and its enduring impact on the community is being told with a five-part web story launched today on the 25th anniversary of settlement, announced Associate Arts, Culture and Heritage Minister Carmel Sepuloni. “I am grateful to Waikato-Tainui for allowing us to help capture ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Taita College to benefit from $32 million school redevelopment
    Taita College in the Hutt Valley will be redeveloped to upgrade its ageing classrooms and leaky roofs, Education Minister Chris Hipkins announced today. “The work is long overdue and will make a lasting difference to the school for generations to come,” Chris Hipkins said. “Too many of our schools are ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Redeployment for workers in hard-hit regions
    The Government is allocating $36.72 million to projects in regions hard hit economically by COVID-19 to keep people working, Economic Development Minister Phil Twyford and Regional Economic Development Minister Shane Jones announced today. Projects in Hawke’s Bay, Northland, Rotorua and Queenstown will be funded from the Government’s $100 million worker ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • $35m to build financial resilience for New Zealanders
    A $35m boost to financial capability service providers funded by MSD will help New Zealanders manage their money better both day to day and through periods of financial difficulty, announced Social Development Minister Carmel Sepuloni. “It’s always been our position to increase support to key groups experiencing or at risk ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New District Court Judge appointed
    Dunedin barrister Melinda Broek has been appointed as a District Court Judge with Family Court jurisdiction to be based in Rotorua, Attorney-General David Parker announced today. Ms Broek has iwi affiliations to Ngai Tai. She commenced her employment in 1996 with Scholefield Cockroft Lloyd in Invercargill specialising in family and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • $206 million investment in upgrades at Ohakea Air Force Base
    The Coalition Government has approved a business case for $206 million in upgrades to critical infrastructure at Royal New Zealand Air Force Base Ohakea, with the first phase starting later this year, Defence Minister Ron Mark announced today. The investment will be made in three phases over five years, and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Review of CAA organisational culture released
    Transport Minister Phil Twyford today released the Ministry of Transport’s review of the organisational culture at the Civil Aviation Authority. Phil Twyford says all employees are entitled to a safe work environment. “I commissioned this independent review due to the concerns I had about the culture within the CAA, and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New Board appointed at Stats NZ
    Ensuring that Stats NZ’s direction and strategy best supports government policy decisions will be a key focus for a new Governance Advisory Board announced today by the Minister for Statistics, James Shaw. The new Governance Advisory Board will provide strategic advice to Stats NZ to ensure it is meeting New ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New Principal Environment Judge
    Environment Judge David Kirkpatrick of Auckland has been appointed as the Principal Environment Judge, Attorney-General David Parker announced today.  Judge Kirkpatrick was appointed an Environment Judge in February 2014. From December 2013 to July 2016 he was Chair of the Auckland Unitary Plan Independent Hearings Panel. Prior to appointment he ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Digital connectivity boost for urban marae
    A programme to connect marae around the country to the internet has received $1.4 million to expand to include urban marae in Auckland, Wellington and Christchurch, Broadcasting, Communications and Digital Media Minister Kris Faafoi and Regional Economic Development Minister Shane Jones announced today. The funding for the Marae Connectivity Programme ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Govt increases assistance to drought-stricken Hawke’s Bay farmers
    The Government will provide $500,000 to the Hawke’s Bay Mayoral Drought Relief Fund to help farmers facing one of the worst droughts in living memory, says Agriculture Minister Damien O’Connor. “Yesterday afternoon I received a letter from Hawke's Bay's five local Government leaders asking me to contribute to the Fund. ...
    BeehiveBy beehive.govt.nz
    2 weeks ago