Category: Constitutional Reform
There is absolutely no legal, moral or common sense justification for any Maori claim to fresh water. The legal situation is that no-one owns water, and no-one ever has. This was the situation at common law, and the Water and Soil Conservation Act 1967 and now the Resource Management Act 1991 start off from the same assumption.
Judicial activism is indeed a serious problem in New Zealand. In 2003, the Chief Justice Dame Sian Elias caused a constitutional crisis by overturning the established common law principle of Crown ownership of the foreshore and seabed through a Supreme Court ruling that some customary title may still exist and that the Maori Land Court had the jurisdiction to determine such cases.
Sir Ronald Davison died recently at his home in Auckland. He passed away as quietly as he had lived. It is well said the “the good men do is oft interred with their bones” and that has a special significance to the passing of Sir Ronald Davison, a man who had occupied the highest Judicial office the law has to offer but lived his life with a minimum of fuss and pomp.
Last Thursday, the legislation clearing the way for the referenda on changing New Zealand’s flag was passed by Parliament. The government has adopted a non-partisan approach to the flag consideration project, by involving a cross-party committee of MPs, who helped refine Cabinet’s initial proposals for the new law.
Patriotism. Where has that been in all this debate? Is it an outdated concept now? The love of ones country. I think patriotism is a step beyond our self-conscious and self-important talk of ‘identity’. It is love for something else, not the quest for self-discovery. It is certainly far more than the ‘branding’ which the Prime Minister regularly speaks of.
While no-one can own freshwater in New Zealand, iwi leaders are pushing the government for race-based rights akin to ownership. They know that control of water brings power. They also know that water is big business. The Ministry for the Environment puts the economic value of New Zealand’s water at $34.85 billion a year – iwi corporations want a permanent share.
The result of the Far North District Council’s referendum on the establishment Maori seats was released last week. Voters in Northland have said a resounding “No” to Maori seats on their local council, by a two to one margin.
The official British Government position concerning who exercised sovereignty over New Zealand at the beginning of the ninetieth century is summarised in the instructions given by Lord Normanby to his appointed Consul Captain William Hobson before he sailed for New Zealand on the 25th August 1839.
There is an old Chinese proverb: “When is the best time to plant a tree? Twenty years ago. When is the second best time to plant a tree? Now.” It’s the same with the Waitangi Tribunal. The best time to have shut it down was in the in 1985, before historical claims were allowed to be considered.
Last week the Waitangi Tribunal released WAI 1040 – a report into the claim by Ngapuhi and other northern iwi that their chiefs did not cede sovereignty to the Crown when they signed the Treaty of Waitangi.
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