January 14, 2013
Ruapani gets toe into water case
A Lake Waikaremoana iwi has been given the chance to put its arguments to the Supreme Court hearing on whether the Government sale of shares in state power generators would take away the chance of water claimants getting justice.
The New Zealand Maori Council, which is the appellant alongside the Waikato River Dams Trust, had opposed Ngati Ruapani getting intervener status.
But the court says it will consider the application at the hearing on January 31 and February 1.
It has invited Ruapani to put in written submissions before the hearing, and it will hear from its lawyer if it considers it would be assisted by oral submission.
The appellants say if 49 percent of Mighty River Power shares are sold, the Crown would not be able to compensate Maori if they were able to prove an ownership interest in some later proceedings.
Ruapani negotiator Vern Winitana says while the case was triggered by the sale of Mighty River Power, which has hydro power dams on the Waikato River, Genesis Energy could also be on the sale block this year.
Genesis has dams fed by Lake Waikaremoana.
Mr Winitana says Ruapani has a unique perspective to bring to the argument, because a 1918 Maori Land Court granted ownership of the lake bed to mana whenua, who included Ruapani, Kahungunu and Tuhoe whanau.
“We own the lake bed so we own the bucket and any water in the bucket must belong to Maori,” he says.
While the Crown eventually recognised the interests of Tuhoe and Kahungunu through lease payments to the Tuhoe Waikaremoana Trust Board and the Wairoa-Waikaremoana Trust Board once the power station was built, there has been no payment to Ruapani.
Mr Winitana says the iwi has a case before the Maori Land Court over ownership and is awaiting a Waitangi Tribunal report on its claims.
It is also opposing a move by Tuhoe to merge the Tuhoe Waikaremoana Trust Board into a new Tuhoe post-settlement body.