Post by Kiwi Frontline on Nov 6, 2016 5:36:07 GMT 12
MAORI CLAIM TO WATER
The claim by some Maori for ownership of freshwater cannot stand – regardless of any Waitangi tribunal ruling in their favour. Maori especially understand the principle of communal ownership and that nobody owns an un-alienated public resource that is shared “in common”. Even feral pigs or deer on private or public land are not “owned” until the hunter actually bags the animal. Ownership then applies to the resource (pig/deer/water) but not unless or until the point of “capture”.
Water is a prime example of an un-owned, uncontrolled public asset, held “in common” until the point of “capture” whether by a dam, diversion race, water pipe or some other device that denotes possession.
Maori claimants appear to base their claim to all fresh water based on the age old method of establishing a property right – namely – “first possession”. The ancients believed that those things which belong to no one became the property of the first taker. Indeed “first possession” has been widely applied in both common and statute law......
.......The reason why the Maori claimants have no basis to demand ownership of water is that for the first possession rationale to stand they must have first demonstrated possession, continuing use and control. Possession is vital to any claim of ownership. This has simply not occurred……
Read Gerry Eckhoff's full article here > breakingviewsnz.blogspot.co.nz/2012/07/gerry-eckhoff-maori-claim-to-water.html
July 22, 2012
The claim by some Maori for ownership of freshwater cannot stand – regardless of any Waitangi tribunal ruling in their favour. Maori especially understand the principle of communal ownership and that nobody owns an un-alienated public resource that is shared “in common”. Even feral pigs or deer on private or public land are not “owned” until the hunter actually bags the animal. Ownership then applies to the resource (pig/deer/water) but not unless or until the point of “capture”.
Water is a prime example of an un-owned, uncontrolled public asset, held “in common” until the point of “capture” whether by a dam, diversion race, water pipe or some other device that denotes possession.
Maori claimants appear to base their claim to all fresh water based on the age old method of establishing a property right – namely – “first possession”. The ancients believed that those things which belong to no one became the property of the first taker. Indeed “first possession” has been widely applied in both common and statute law......
.......The reason why the Maori claimants have no basis to demand ownership of water is that for the first possession rationale to stand they must have first demonstrated possession, continuing use and control. Possession is vital to any claim of ownership. This has simply not occurred……
Read Gerry Eckhoff's full article here > breakingviewsnz.blogspot.co.nz/2012/07/gerry-eckhoff-maori-claim-to-water.html
July 22, 2012