September 02, 2014
Water debate thrown open
A spokesperson for the Pouakani Trust says Maori now have a great chance to bring their customary views on water ownership into New Zealand law.
The Supreme Court has rejected Pouakani’s argument that that crown was holding a strip of the Waikato River near Mangakino for the benefit of the hapu who sold the land alongside.
But it also found that the Crown may not own the river at all, as English common law rules about river and lake beds don’t automatically override Maori custom.
Tamati Cairns says it’s not the outcome Pouakani was looking for, but it opens the door for Maori throughout the country to pursue customary claims to their awa.
"Pouakani’s case was about the river bed. We will continue the case about the river bed but Pouakani also opened the door for Maori to debate proprietary right over water," he says.
Tamati Cairns says the judgment means the crown can’t point to English law and say no one owns water.
FOR THE FULL INTERVIEWWITH TAMATI CAIRNS CLICK ON THE LINK
https://secure.zeald.com/uma/play_podcast?podlink=MjE2MjE=
Copyright © 2014, UMA Broadcasting Ltd