September 12 2014
Memorandum of Counsel for the claimants seeking a direction from the tribunal that the Crown give an undertaking not to frustrate the Tribunals Stage 2 inquiry by the enactment of legislation.
MAY IT PLEASE THE TRIBUNAL:
1. The Crown on 9 September filed a report (#3.1.234(a)) setting out the status of the Crown’s current freshwater reform programme.
2. The Crown’s Report is disappointing.
3. In the 19 months that have passed between the publication of the STAGE ONE report on 7 December 2012 and the filing of the Crown’s report on 9 September 2014, the topic of most acute interest to Māori – what proprietary rights and interests do Māori have in freshwater – remains ambiguous at best.
4. The Crown report refers to Crown-ILG/IAG workstreams intended to define Māori rights and interests in freshwater and to report to Ministers on that on 5 February 2014 (see paras 24, 42-45). Absent from the Crown’s report is any indication of what those rights and interests are likely to be. This omission is surprising in light of the 19 months the Crown has had the Stage One report.
Read the full Memorandum of Counsel here: 140912 MOC re Crown report