DISCUSSION PAPER ON A WATER POLICY FRAMEWORK 23 Dec 2014
Related articles
- Trams to make a comeback on Auckland’s streets News
- NZ looking at all avenues on whaling issue News
- Sludge Report #192: The Naked Budget Columns
- Government Widens Drought Assistance News
- PM pays tribute to Raiha, Lady Mahuta News
- New Zealand food prices fall in February Business
- NZ dairy herd now matches human population Business
DISCUSSION PAPER ON A WATER POLICY
FRAMEWORK
22 December
2014
Practice
1. The New
Zealand Maori Council says national water policy should
provide for the interests of the natural environment, the
general public and Maori.
2. The Maori interest is
based on prior use. An interest based on prior use is not
presently recognised in national policy.
3. In addition
all people should have free access to reasonable water
supplies for personal domestic needs as a basic human right,
and reasonable access to natural water bodies for
recreation.
4. Recognition of the environmental, general
public and Maori interests should be founded on an ethic of
responsibility in resource use, the concept of the common
good and the preservation of natural resources for future
generations.
5. Current polices do not balance the
necessary responsibilities.
6. The utility of water has
been appropriated from the traditional Maori custodians.
It has been treated as a limitless, free resource for
domestic use, waste disposal and commercial profit. This is
inconsistent with the common good and Maori interests and
has led to over-utilisation and pollution of water bodies,
and losses for Maori communities.
7. As described
below, the Council proposes an independent commission to
restore the balance. The commission is to manage water
allocation and fund its activities from a levy on commercial
uses.
Theory
8. The Maori interest
comprises:
• proprietary interests in water resources
derived from the customary use of water bodies; and
• cultural interests in the preservation of healthy
water bodies derived from the Maori spiritual comprehension
of natural water resources and the associated ethic of
responsible and constrained use.
9. The Maori interest
derives from immemorial usage. Such interest is acknowledged
and respected by the Treaty of Waitangi, the UN Declaration
of the Rights of Indigenous Peoples and the common law.
10. The general public interest embodies the interest of
all people in maintaining reasonable access to the land and
waters of their country in appropriate condition for their
physical and spiritual sustenance, for themselves and the
coming generations.
11. The general public interest
separate from the Maori interest, derives from the
alienation of land for European settlement as envisaged in
the Treaty of Waitangi with an implied sharing of access to
associated water bodies.
12. The Maori proprietary
and cultural interest in water has been recognised by the
Waitangi Tribunal following an inquiry in which several
hapu described their customary use of different water
resources. How these interests might be provided for today
is the subject of this paper and will be addressed in the
second stage of the Tribunal’s Inquiry.
13. Particular
settlements in respect of the Whanganui and Waikato rivers
have given imaginative effect to the cultural interest in
those cases. However, other settlements on the same basis
seem unlikely.
14. A number of water-use stakeholders
meeting as the Land and Water Forum, have agreed on some
necessary measures in water management. However, the Forum
does not address the Maori status as indigenous people with
pre-existing customary interests, and the respect lawfully
due to such interests.
Proposals
15. To give practical
effect to the interests today, the Maori Council supports
proposals where:
a. water wastage is minimised
b. a
price is paid for the commercial use of water to reflect
its value to the community as a whole
c. ongoing
pollution of water resources is progressively
reduced
d. currently polluted water bodies are
progressively cured and ecosystems re-established
e. the
water take is assessed as follows:
LEVEL
1: a sustainable natural flow or volume of
water is maintained on environmental grounds
LEVEL 2: domestic use water is
allocated according to
need
LEVEL 3:
commercial water use is capped at the volume
of water available after allowing for levels 1 and 2 and
commercial users are progressively required to pay a usage
fee for water consumed, redirected or otherwise
utilised
f. current consents for commercial usage are
wound down to meet the level 3 volumes
g. a percentage of
the level 3 allocation is reserved to Maori for water
related Maori purposes or renting out to other commercial
users
h. the revenue from commercial uses of water is
paid to an independent commission managed on a regional
basis and accountable to non-commercial users
i. the
commission will monitor the water take levels, set water
prices and allocate water use rights through a mechanism to
be determined by it
j. the commission will deal with all
water bodies including aquifers and geothermal
k. the
commission shall use funds to reclaim water consents;
undertake research; monitor water use; foster water storage
and reticulation projects; and implement pollution reduction
and environmental restoration programs
l. the commission
shall allocate a proportion of revenues to Maori in
recognition of the Maori proprietary interest and taking
account of previous non-recognition. The funds allocated to
Maori shall be applied for the particular needs of Maori
in relation to water supplies for marae, papakainga, and
general Maori housing, to engage Maori in the restoration
of customary waterways and to enable Maori to develop
commercial operations utilising
water.
Consultation
16. This paper
has evolved through discussion within the Executive of the
New Zealand Maori Council and with its advisers starting in
2013. The advisers are leading ongoing consultation with
District Maori Councils, hapu and iwi and external
experts. Papers have been presented at various hui and
symposia. The primary purpose of the paper and the
consultation around it is to inform the Council directly and
through its legal team of any improvements to the paper
sought by hapu and iwi and ultimately to gauge the strength
of support for the proposals in the paper. The paper, in its
final form, and the wider output from the consultation will
form the basis of submissions to the Waitangi Tribunal when
it commences Stage 2 hearings into the National Water Case,
brought by the Council in 2012.
17. All feedback is
welcome at [email protected], including requests for direct
consultation.
ENDS
News
Hilary Timmins' Award-Winning UK Documentary Series To Inspire NZ Students
29 Jun 2020 Education
Dream Catchers, produced and directed by Hilary Timmins, celebrates the success stories of more than thirty inspirational New... more
New Zealand reaffirms support for Flight MH17 judicial process
7 Mar 2020 News
Ahead of the start of the criminal trial in the Netherlands on 9 March, Foreign Minister Winston Peters has reaffirmed the need to... more
Business
NZ Government's Economic package to fight COVID-19
17 Mar 2020 Business News
The Coalition Government has launched the most significant peace-time economic plan in modern New Zealand history to cushion the... more
NZ Government announces aviation relief package
19 Mar 2020 Business News
Transport Minister Phil Twyford today outlined the first tranche of the $600 million aviation sector relief package announced earlier... more
Living
Diversity was Key at New Zealand Trade Tasting in London
6 Jun 2022 Food & Wine
New Zealand Winegrowers Annual Trade Tasting was recently held in London, on Wednesday 4 May, in Lindley Hall.
It was the first... more
Kiwi author stuns Behind the Butterfly Gate
12 Jan 2022 Arts
Hidden behind the Butterfly Gate is where the secret has been kept for 76 years...
New Zealand writer Merryn Corcoran’s... more
Property
Fairer rules for tenants and landlords
17 Nov 2019 Property
17 NOVEMBER 2019
The Government has delivered on its promise to the over one million New Zealanders who now rent to make it fairer... more
New Zealand Government will not implement a Capital Gains Tax
17 Apr 2019 Property
The Coalition Government will not proceed with the Tax Working Group’s recommendation for a capital gains tax, Jacinda Ardern... more
Migration
Boosting border security with electronic travel authority – now over 500,000 issued
19 Nov 2019 Migration
19 NOVEMBER 2019
We’ve improved border security with the NZeTA, New Zealand Electronic Travel Authority, which helps us to... more
Christchurch reinstated as refugee settlement location
18 Aug 2018 Migration
18 AUGUST 2018
HON IAIN LEES-GALLOWAY
The announcement that Christchurch can once again be a settlement location for refugees... more
Travel
Gallipoli Anzac Day services cancelled
19 Mar 2020 Travel & Tourism
The New Zealand and Australian Governments have announced this year’s joint Anzac Day services at Gallipoli will be cancelled... more
New Zealanders advised not to travel overseas
19 Mar 2020 Travel & Tourism
New Zealanders advised not to travel overseas
more
Sport
The Skipper's Diary: Sir Richard Hadlee honouring his father and NZ's Forty-Niners
27 Oct 2019 Cricket
NZNewsUK London Editor Charlotte Everett spoke to Sir Richard Hadlee about why he’s chosen to publish his father’s... more
PREVIEW: All Blacks v England semi-final
26 Oct 2019 Rugby
The two most convincing quarterfinals winners are set to square off in a semifinal showdown for the ages when the All Blacks meet old... more
Columns
Gordon Campbell on the Gareth Morgan crusade
11 Nov 2016 Opinion
Gordon Campbell on the Gareth Morgan crusade
First published on Werewolf
The ghastly likes of Marine Le Pen in France and Geert ... more
Gordon Campbell on the US election outcome
10 Nov 2016 Opinion
Column - Gordon Campbell
Gordon Campbell on the US election outcome
Well um.. on the bright side, there (probably)... more
Kiwi Success
Congratulations to Loder Cup winner
26 Sep 2018 People
25 SEPTEMBER 2018
The Loder Cup, one of New Zealand’s oldest conservation awards, has been awarded to Robert McGowan for 2018... more
Appointments to New Zealand National Commission for UNESCO
16 Aug 2018 Appointments
16 AUGUST 2018Appointments to New Zealand National Commission for UNESCO
HON JENNY SALESA
Associate Education Minister Jenny Salesa is... more
Recruitment
Historic pay equity settlement for education support workers
14 Aug 2018 Recruitment
14 AUGUST 2018Historic pay equity settlement for education support workers
RT HON JACINDA ARDERN
HON CHRIS HIPKINS
Prime Minister
The... more
Historic pay equity settlement for education support workers
22 Aug 2018 Recruitment
14 AUGUST 2018Historic pay equity settlement for education support workers
RT HON JACINDA ARDERN
HON CHRIS HIPKINS
Prime Minister
The... more