How do you and your iwi define proprietary rights in freshwater and geothermal resources, and why is it important that these are recognised as more than just kaitiakitanga or stewardship?
The Waitangi Tribunal claim regarding freshwater and geothermal resources is primarily defined by the nationwide inquiry Wai 2358, which investigated Māori proprietary rights and interests. This inquiry was spurred by the government’s 2012 plan to privatize state-owned energy companies, but built on decades of Māori assertion of water rights.
- Decades of protest: Māori assertions of their rights over freshwater gained momentum in the 1970s and led to early claims to the Waitangi Tribunal.
- Individual river claims: Water and environmental issues became part of larger district inquiries and specific claims for individual rivers, like the Mohaka and Whanganui River claims.
- Geothermal claims: Claims concerning geothermal resources also emerged, such as the Ngawha Geothermal Resource claim (Wai 304), which led to a 1993 report on geothermal rights.
- Resource Management Act: The Waitangi Tribunal found that the Resource Management Act 1991 (RMA) failed to adequately recognize Māori proprietary rights. The RMA included clauses for consultation with tangata whenua but did not grant the authority consistent with tino rangatiratanga (Māori self-determination).
