Post by Kiwi Frontline on Jan 30, 2016 15:26:20 GMT 12
FRESH WATER, DEMOCRACY AND THE RULE OF LAW
On the 6th August 2015 the “Iwi Chairs Forum” and Local Government New Zealand Inc. signed a Memorandum of understanding dealing with a wide range of matters including the management of fresh water in New Zealand. In the same month the Forum held a Hui which has published a report dealing with its aspirations relating to fresh water. These include: Title to all lakes and rivers to become vested in the Hapu’s or Iwis through which they flow or are located and title to the water column above to be vested in those entities; power sharing in all decision making affecting the management and allocation of fresh water, and in the case of Ngati Porou full transfer of all Local authority powers to allocate fresh water to that entity by 2020; sale and transferability of all fresh water permits, the allocation of one billion dollars of public money to an entity chosen by Maori interests to facilitate the implementation of these proposals.
It is instructive to compare the legal identities of the two parties to the August Memorandum of understanding. Local Government New Zealand is a duly incorporated Association comprising membership of all 78 local Territorial Authorities throughout New Zealand. It has clearly defined aims and objects and its functions are open for all to see. The Iwi Chairs Forum and the Iwi Leaders Freshwater Group has no apparent legal status, and as far as can be ascertained it has no publically available constitution or rules of conduct. It is neither an incorporated society registered under the Incorporated Societies Act nor a company registered under the Companies Act. Like so many Maori commercial entities it may have some sort of charitable status but that is not apparent from material published by it on the internet. Its membership and governing body is unknown….
Notwithstanding this shadowy provenance it is described on the internet as a powerful body representing Maori people in (among other things) negotiations with Ministers English and Smith to secure; equal rights to all fresh water in New Zealand, to buy and sell that water, and to secure co governance with Territorial Local Authorities in relation to the allocation of permits to take water.
It seems that these claims are based on the notion that Maori people have some historic enduring claim to the freshwater of New Zealand. This is not, as far as one can tell based on any such right conferred on Maori people by the Treaty of Waitangi but simply exists as some sort of aspiration or wish list.
Thus far the Government has declined to legislate for these claims but instead has decided to leave it to Local Territorial Authorities to decide if they exist and are enforceable. Clearly that is a disgraceful abrogation of responsibility by the Central Government for the management of the one commodity upon which all life on earth, and all economic activity depends……
Continue reading Judge Anthony Willy's indepth article > www.nzcpr.com/fresh-water-democracy-and-the-rule-of-law/#more-17486
On the 6th August 2015 the “Iwi Chairs Forum” and Local Government New Zealand Inc. signed a Memorandum of understanding dealing with a wide range of matters including the management of fresh water in New Zealand. In the same month the Forum held a Hui which has published a report dealing with its aspirations relating to fresh water. These include: Title to all lakes and rivers to become vested in the Hapu’s or Iwis through which they flow or are located and title to the water column above to be vested in those entities; power sharing in all decision making affecting the management and allocation of fresh water, and in the case of Ngati Porou full transfer of all Local authority powers to allocate fresh water to that entity by 2020; sale and transferability of all fresh water permits, the allocation of one billion dollars of public money to an entity chosen by Maori interests to facilitate the implementation of these proposals.
It is instructive to compare the legal identities of the two parties to the August Memorandum of understanding. Local Government New Zealand is a duly incorporated Association comprising membership of all 78 local Territorial Authorities throughout New Zealand. It has clearly defined aims and objects and its functions are open for all to see. The Iwi Chairs Forum and the Iwi Leaders Freshwater Group has no apparent legal status, and as far as can be ascertained it has no publically available constitution or rules of conduct. It is neither an incorporated society registered under the Incorporated Societies Act nor a company registered under the Companies Act. Like so many Maori commercial entities it may have some sort of charitable status but that is not apparent from material published by it on the internet. Its membership and governing body is unknown….
Notwithstanding this shadowy provenance it is described on the internet as a powerful body representing Maori people in (among other things) negotiations with Ministers English and Smith to secure; equal rights to all fresh water in New Zealand, to buy and sell that water, and to secure co governance with Territorial Local Authorities in relation to the allocation of permits to take water.
It seems that these claims are based on the notion that Maori people have some historic enduring claim to the freshwater of New Zealand. This is not, as far as one can tell based on any such right conferred on Maori people by the Treaty of Waitangi but simply exists as some sort of aspiration or wish list.
Thus far the Government has declined to legislate for these claims but instead has decided to leave it to Local Territorial Authorities to decide if they exist and are enforceable. Clearly that is a disgraceful abrogation of responsibility by the Central Government for the management of the one commodity upon which all life on earth, and all economic activity depends……
Continue reading Judge Anthony Willy's indepth article > www.nzcpr.com/fresh-water-democracy-and-the-rule-of-law/#more-17486