The Treaty of Waitangi

ASSIGNMENT 2

(Author's name)

(Institutional Affiliation)

Contents

Abstract……………………………………………………… iii

1. Introduction…………………………………………….1

2. Background…………………………………………….2

3. Discussion………………………………………..........6

4. Conclusions and Recommendations…………………...10

5. Student's Declaration………………………………….11

6. References……………………………………………..12

7. Glossary………………………………………………..13

Images

Image 1: The Waikato River System……………………………4

Image 2: The Waikato River passing through Hamilton City…..5

Abstract

The government of New Zealand has made it known that it intends to sell Mighty River Power together with some other assets; Mighty River Power is the sole proprietor of the Waikato River Hydro scheme which makes use of waters of the Waikato river water to generate hydroelectric power. A number of Maori organizations have indicated that they are against the sale because they believe they should have a say on the usage of the waters of river Waikato, and through the sale they will not be able to put this claim to the test. This issue has resulted in a nationwide debate regarding the ownership of the river's waters, and is therefore worth discussing and writing about.

The Treaty of Waitangi, an agreement between the Maori tribes of New Zealand and the Britain's colonial government, was signed in 1840 after much deliberation by the Queen and a growing concern for the welfare of New Zealand's indigenous peoples (Orange 1987, pg.32). The Resource Management Act (RMA) was an act of parliament that was passed in 1991 for the primary purpose of stipulating how New Zealand's natural resources should be managed, and the principles of the Treaty are regarded as the guiding framework of the Treaty of Waitangi. They act as moderators which can be referred to whenever there is an issue surrounding interpretation or implementation of the Treaty.

The objective of this report is to answer the question "who owns the waters of river Waitangi?", and this will be done through the examination of the Treaty of Waitangi, the RMA and the principles of the Treaty. At the end of this report, this question should be solved and more clarity should be achieved with regards to this issue.

1. Introduction

The Treaty of Waitangi is often viewed as the founding document of the country that is now known as New Zealand (Calman 2003, pg.30). Since its signing in 1840, it has played a very influential role in shaping the country, how its resources are managed and its relation to its indigenous peoples (in this case the Maori). Over years, there have been disagreements between the New Zealand government over the management of resources that the Maori people consider "theirs". Most recently, the Crown's intention to sell Mighty River Power has drawn criticism, outrage and uproar from various groups representing the Maori people.

The purpose of this report is to discuss, examine and evaluate the Treaty, the RMA and the principles and to come up with a sensible and practical conclusion on the issue at hand. These three aspects are very important to the final outcome since they explain where all this is coming from and how it can be resolved. The significance of this report is that it will finally decide how to move forward in this whole conundrum; it will look at both parties' claims and address them