December 13, 2012
High Court out of step with treaty trend
Mana leader Hone Harawira expects a High Court judgment ruling out a connection between treaty rights to water and the sale of shares in the state hydro power generating companies will end up in the dustbin of history.
The New Zealand Māori Council and Waikato River tribes intend to appeal the judgment, because they believe the partial privatisation of Mighty River Power and other generators will make it impossible for future Governments to make proper allowance for the mana iwi may have over specific bodies of water, if they can prove customary rights.
Hone Harawira says Justice Ronald Young's judgment appears to be inconsistent with previous rulings by higher courts on claims over forestry, fish, Te Reo Māori and radio spectrum.
“All of which ruled essentially that Maori had an interest in those areas and government needed to recognise that interest and take steps to settle that interest before it acted to commercially trade off, sell off or lease off those assets, those taonga. Justice Young’s view is inconsistent with that and is likely to be casted to the”. He says
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