3. HONE HARAWIRA (Māori Party—Te Tai Tokerau) Link to this
to the Minister in Charge of Treaty of Waitangi Negotiations
Was it the Government’s intention that the water column and airspace in relation to the Te Arawa lakes settlement should become Crown-owned; if so, is this the benchmark for all subsequent settlement legislation?
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations) Link to this
In the Te Arawa lakes settlement, the Crown and Te Arawa agreed that the Crown will retain ownership of the water column and airspace, while the beds of 13 lakes transfer to Te Arawa.
Given the Minister’s response, does he find it reasonable that Te Arawa should be paid a storage fee for holding the Crown’s water on its lake bed, and has that fee been factored into the terms of the Te Arawa lakes settlement; if not, why not?
No; I do not think it would be reasonable, because the water itself will not be owned by either the Crown or Te Arawa. The water will continue to be regulated in accordance with the Resource Management Act 1991.
Following on from the Minister’s earlier comments about Crown ownership of the water, has the Crown considered what it would do if Te Arawa asked it to remove its water from the lakes, and how would the Crown ensure that the water it claims to own will never settle on Te Arawa - owned lake beds; or does the Minister think that this is as silly a notion as that of the Crown stratum and its ownership of water?
Unfortunately, I think the member either did not hear or did not understand the answer to the first supplementary question he asked, so I will repeat it for him. The water itself will not be, and is not, owned by the Crown or Te Arawa. It will continue to be regulated in accordance with the Resource Management Act 1991.
Given that the Government is confiscating Te Arawa’s rights to their lake water, does this mean that the Government will now turn to confiscate all water in all lakes and rivers in Aotearoa; if yes, why; if no, why not?