Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-dnltx Total loading time: 0 Render date: 2024-04-25T01:21:56.781Z Has data issue: false hasContentIssue false

Chapter Five - Water Rights for Māori in Aotearoa New Zealand

from Part II - Comparative Country Studies

Published online by Cambridge University Press:  20 July 2019

Elizabeth Jane Macpherson
Affiliation:
University of Canterbury, Christchurch, New Zealand
Get access

Summary

In Chapter 5 I consider water rights for Maori in Aotearoa New Zealand. Pursuant to a settlement between Whanganui Iwi and the Crown, made in 2017, the Whanganui River was recognised as ‘Te Awa Tupua’ (‘an indivisible and living whole, incorporating all its physical and meta-physical elements’), declaring the River to be a ‘legal person’. The arrangement accords certain guardianship and governance rights, but not property rights, to the Maori people that traditionally owned the River. However, Maori continue to agitate at a national level, both politically and before courts and tribunals, for the right to ‘own’ their water resources, amid cautious government plans for water law reform. The New Zealand study raises interesting questions about the nature of water in law; as a private right to be held and allocated, or a public interest incapable of ownership. Maori are seeking both recognition of their distinctive water relationships and influence and control over water governance and a substantive share of the consumptive pool of water for any purpose including economic development. The study of Maori rights to water in this chapter demonstrates the variability of indigenous water demands, and a need for multifaceted responses to indigenous water exclusion.

Type
Chapter
Information
Indigenous Water Rights in Law and Regulation
Lessons from Comparative Experience
, pp. 99 - 130
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×