The Waitangi Tribunal has called on the government to delay the sale of Mighty River Power so it has time to reach an agreement with those iwi who argue the sale affects their rights over the natural resources used by the state owned enterprises, including water.
The government had asked for the Tribunal to release an initial ruling by today so it could make a decision about whether it could go ahead with the float of Mighty River Power before the end of this year.
"The Tribunal has found that there is a nexus between shares in the power companies and the Māori rights in the water resources used by those power companies sufficient to require a halt, as otherwise the proposed sale would undermine the Crown’s ability to deliver the remedy required," the Tribunal said.
"The Tribunal concluded that, in practical terms, the Crown will not be able to provide a meaningful form of rights recognition for Māori in respect of its water bodies after it sells the shares to private investors. Because it cannot be stated with certainty that any other commercial rights recognition will actually come to pass, and since the opportunity exists here and now, the Tribunal concludes that the sale should be delayed while an accommodation is reached with Māori," it said.
"The Tribunal concluded that it will be impossible to devise a comprehensive scheme for the recognition of Māori rights in all water bodies throughout New Zealand in the time available. But it should be possible to agree an appropriate scheme for the three power generating companies up for partial privatisation."
The full text of the Tribunal’s letter of transmittal to the Prime Minister and other appropriate Ministers of the Crown is appended here.
5 Comments
And if the government decided to back off and not privatise any of these assets - then where to for this proprietary rights issue?
Talk about waking a taniwha.
JK finds himself exactly where Helen found herself over the foreshore and seabed. Question is - does he have her balls? Somehow I think not - and there will be a deal. The taxpayer pays twice - once to settle with Maori and once to sell the assets at a net future loss.
JK's 'dynasty' would make for a great Blackadder series with Gerry as Baldrick and Tariana as Queeny.
This guy could play Blackadder;
http://www.youtube.com/watch?v=yXpuhKwNgv8
http://www.youtube.com/watch?v=uKtmlN7ILsY
That's the bloody trouble, this situation again reveals our inherent red-neckedness. We refuse to listen, so Maori resort to something we do understand and we get to pay. Perhaps we should be reminded that we ALL pay that means Maori as well.
Go and find out what kaitiakitangi actually means
Glad to see someone actually read it before kneejerking to divisive responses Mist....The danger here is Key using the opportunity to turn anti asset sales around on the basis of racial bias , not to mention sure up support for ongoing proposed sales of SOE's.
It's good fodder for shortsighted , stupid media exploiting a headline without informing the dumb as a hill of s*%t voter.
In fact if this were chess , Key would be calling "check" right about now.
Isnt it all about property rights and the lawfull position surrounding ownership, like any other asset? Unfortunately too many commentators and individuals whilst professing to know what they are talking about, find it hard to differentiate between fact and emotion. Maori are exercising the same rights as any other New Zealander and that is to contest legally what they believe is being taken from them - nothing more nothing less. There are a hell of alot of ignorant protagonists that profess to know what the issues are, and are more than willing to offer an opinion, when really all it shows is their ignorance and racist beliefs. In simple terms there is a contract between the Crown and Maori, and that is the Treaty of Waitangi, and whether or not you I or the man around the corner likes it or not, it exists. Yes it can be contested, changed, or used for toilet paper, but it comes at a cost and to think otherwise is dellusional. Maori are not at fault here. The finger should be pointed at the Government, as they knew this would be a hot potato. There is current case law on water ownership rights already, and to me it reinforces how arrogant the Governmet were, to think they could get sell something which isnt theirs.
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