The debate on who has the right to decide the future management of New Zealand’s water resources is on the agenda again bringing into the spotlight unresolved issues of water ownership. Last month, the government announced a new process to improve New Zealand’s fresh water management regime to address deteriorating water quality and poor incentives for water allocation and storage. Te Tau Ihu FoMA Executive member, Paul Morgan, discusses issues of concern to the members of the Federation of Maori Authorities.
To read this article click here
Key quotes from article:
How is water ownership viewed by Maori?
Water is a taonga for Maori, the authority over it was determined by Maori customary lore. Traditionally, hapu did not claim to own water because it was viewed as a gift from the heavens. But they did exercise authority over it or a governance and management right which is similar to a Pakeha notion of a property right. They effectively controlled access to those resources which equates with ownership under English law. The critical issue was which hapu had control over a particular portion of the water system.
Have Maori ceded their customary rights to water?
No. There are strongly held beliefs that customary title of water still exists. It’s a complex legal issue that remains unresolved because the Crown says no one owns water. There’s a cultural divergence in that the current law is not aligned to Maori lore and kaitiaki principles. Under the current local authority system water allocation is based on a first come, first served basis. It does not recognise Maori treaty rights or Maori entitlement as tangata whenua. We’d take the view that there should be a preferential access to preserve our customary interests and ensure the allocation of water to Maori land owners.
Loading...
