Worrying implications for ‘property rights’ exists. Govt being forceful in pushing through the Three Waters Reform, essentially an attack on property rights, a dark day for democracy in New Zealand, and community groups, voices have certainly made their voices heard as to their opposition of this robbery of communities infrastructure assets. The govt has been extremely busy working with Iwi Freshwater Group, the water industry and local councils. The Govt is going ahead with what they describe as opportunities for Iwi in the Water Entities Act, which establishes  new water services from July 2024. Govt providing for Iwi interest, rights is particularly focussed on water service delivery. The Three Waters Reform Review 2017-2020 documents the processes, engagement Govt have had with Iwi in the Three Waters Reforms. The 2020-21 reports stated “There has been many workshops, gatherings up and down the country”. This process of engagement with Iwi with govt and industry is documented in the Three Water Reform Review 2017-2020 and the Three Water Reform Programme  2020-2021. There has been many workshops, gatherings up and down the country.  Scoop News reported 21st Feb 2023 ‘Three Waters Judgement Accepts No Confiscation of Assets with NO Compensation. The Timaru, Waimakiri and Whangarei Council  asked the High Court for declarations on the ‘rights and interests’ that property ownerships entails. Justice Mallon responded  “I accept that Three Waters Reform involves a form of expropriation for which compensation could be given, but whether it is or not is up to Parliament”

It was confirmed that the government’s Three Waters plan, plans to take away water infrastructure paid for by communities, for the government to serve its own purpose. Claiming privately owned property against the wishes of the owners of those assets. However the decision for compensation to be paid to the asset holders is one to be made by Parliament. Judgement was declines specific declaration sought by the councils, highlighted that “there is no acknowledgement from the Government that this confiscation was taking place and that a deliberate decision was made not to compensate communities for confiscation”. Judge Mallon stated that the documents do not directly acknowledge that local councils will lose ownership that they presently hold, nor that councils ability to control the use of assets will be materially diluted through the WSE Governance Structure. Nor that local democratic accountability for the provision of Three Water services in local communities is essentially lost. However, it does not follow that the Govt, and in return Parliament is unaware of this. The proposals are directed to a new model for delivering Three Waters, a significant Three Waters infrastructure challenge, The govt has proposed a funding package but has deliberately decided that this is not intended to compensate local councils for the value of infrastructure assets, not communities”. Hence the govt can remove local democratic rights, they are not held accountable and have misled the public of NZ of the true ramifications of this legislation. Those Council members who sought the High Court hearing stated  “As owners of this critical infrastructure on behalf of our communities we are now demanding that any future changes to Three Waters policy setting respect these basic rights in property owning democracy. This is the govt deliberately undermining basic property rights. The NZ Bill Of Rights (Private Property). The purpose of this Bill is to provide for the protection of private property rights in NZ under the NZ Bill Of Rights Act 1991. The Property Rights System establishes and maintains the integrity of title to estates and interests in land in NZ.

This is the government seeking to undermine basic property rights. The NZ Bill Of Rights (Private Property) The purpose of this Bill is to provide for the protection of private property rights in New Zealand under the NZ Bill Of Rights Act. Property Rights system. This system establishes and maintains the integrity of title to estates and interests in land in New Zealand. Article written by Dr Muriel Newman NZ Centre for Political Research 24/1/2016. This is a policy think tank. Dr Newman has previously been a MP and a former Chamber Of Commerce President in Business and Education. The article made the following points. ‘Iwi Leaders and Govt had agreed on a deadline to sort out Maori/Iwi Interests in freshwater by Waitangi Day 2016. (Report RNZ 5/2/2015). National Party planned to introduce Maori/Iwi interests in freshwater. NZCPR campaigned against this. Govt accused them of misinformation.

Article Grey Power Magazine authored by Cabinet Minister & MP for Tauranga Simon Bridges “I have been approached by a number of constituents regarding the control, ownership of NZ’s freshwater. He said,” there appears to be some misinformation”, but he wanted to clarify the matter, saying the National govt has always clearly stated “no-one owns the water”. He added “However the govt is working with the Land and Water Forum, this includes stakeholders including Iwi to develop a common direction for freshwater management in NZ. Race based interests as to management, allocation of fresh water resources in NZ”. But Bridges ensured Grey Power readers there were no plans to give control or ownership of our country’s lakes and rivers to Iwi”. Irrespective of who owns the land over which the water flows, under common law and stature water is owned by no-one. There is absolutely no legal, moral or common sense justification for any Iwi/Maori to claim freshwater. The legal situation is that no-one owns water, no-one ever has. Reference was made to common law and the Water and Soil Conservation Act 1967 and the Resource Management Act 1991. (Canterbury University Law lecturer David Round).

Water was never regarded by the common law as a commodity. The courts held that a land owner had no right to the ownership of water which either flows through or percolates within the land. In this way the courts recognised water like air is not only vital to the survival of all species on the planet but is something in which humanity has no hand in creating. It therefore like air occupies a unique status in the eyes of common law, it cannot be owned b y anybody. Irrespective of the law. Some Iwi/Maori have continued to claim ownership of freshwater. But since successive govts and courts have consistently rejected their opportunist claims, they have now turned their attention to the ‘control’ of water. (Former Judge Anthony Willy) “Water was never regarded by common law as a commodity”. Reference: Former Law Lecturer, Judge Anthony Willy, agrees: “Water was never regarded by the common law as a commodity”.

NZ Herald October 2016) During the Labour Govts 3rd term in office, leaders of some of the country’s most powerful tribes sought Maori control of water. Labour Govt stated that “Water is not owned, but is controlled, managed by the Crown for ALL New Zealanders”. Tribes were under the impression that the Labour Govt were considering privatisation of water rights as part of a water management reform programme. The tribal leaders considered if such a property right was created, they had a claim to it under the Treaty since they had gained a lucrative $170 million fishing settlement, Fishing Quota created as a property right, many tribes received substantial settlement of quota fishing company shares and cash. They believed a water settlement would dwarf the fisheries settlement & with the Ministry for the Environment estimating the total value of fresh water to NZ is now worth almost $35 billion (2016). And Iwi demands continued, and Iwi voices that claimed they owned the water in NZ.

Nationals concession to tribal demands for freshwater was signalled during the partial privatisation of the State owned power companies in 2012. The Crowns Counsel stated that the power company sale would not precent the govt from recognising the rights and interests of Iwi in freshwater”, and even suggested the creation of new ‘economic rights over water’ in the form of a ‘levy or royalty”.  Emphasizing, recognising Maori/Iwi Rights may include decision making in relation to care, protection, use, access and allocation, and/or charges or rentals for water. All this information being evidential yet NZCPT was accused of misinformation.. “The rule of law means simply that we shall be governed solely by the law properly enacted after due process, not by arbitrary whim of any person or group. It is a point of due process ‘a the way in which laws come into being’. That the Rule of Laws intersects with democracy, which together are the guarantors of our civic rights. It is crucial and unbridgeable divide between the rule at whim of the despot and his or her cronies and rule by law that we imperil when we permit exceptions no matter how well intentioned. Such an exception sought by the minority of the population to corner rights to fresh water is a classic example of a derogation of the Rule of Law simply because it gives governance over a crucial public good to a small and unelected group to the detriment of the majority”.  The truth is that no form of constitutional govt of itself can guarantee our civil liberties, but the intersection of the Rule of Law as administered by the Courts and the democratic process offers the best protection known to history- the enablement of tribal groups to gain control of freshwater will therefore not only entrench separatism in NZ but it will undermine the Rule of Law. (Judge Anthony Willy)

References were made to -Gisborne Council had already established a joint resource consenting authority with Ngati Porou for control  of freshwater in their region. (prior to Oct 2016). Minister for the Environment Nick Smith was already committed to preferential access for Iwi in catchment based processes, stating he intended to influence councils by issuing requirement or guidelines to regional councils when choosing or implementing allocation approaches or reviews of existing allocations.  National caved in to Maori Council demands for rights to freshwater. On the verge of water rights in perpetuity to tribal interest, but required councils to involve local Iwi/Maori tribes in the management, allocation, control of fresh water in their regions (prior to 2016). There is no form of constitutional govt of itself can guarantee our civil liberties, but the intersection of the Rule of Law as administered by the Courts and the democratic process offers the best protection known to history- the enablement of tribal groups to gain control of freshwater will therefore not only entrench separatism in NZ but it will undermine the Rule of Law. (Judge Anthony Willy). Under British common law, naturally flowing freshwater is not owned by anyone, but is treated as a public good.

The NZ Bill Of Rights (Private Property Rights) Section 11A, “Right to own property”, inserted by clause 4, states: “Everyone has the right to own property, whether alone or in association with others.” Section 11B, “Right not to be arbitrarily deprived of property”, inserted by clause 4, states: “No person is to be deprived of the use or enjoyment of that person’s .  NZ Bill Of Rights is traditionally contained in Common Law ‘The Judges Rules 1912 now set in 23 (1)b of NZ Bill Of Rights. – NZ Bill Of Rights has been traditionally contained in Common Law in ‘The Judges Rules 1912 now set in 23 (1)b of The NZ Bill Of Rights 1991.







APARTHEID IN NZ Blog Posts View all Categories


Article In Stuff Lifestyle Sunday Magazine Feb 19th 2023 Tusiata Avia a Christchurch poet and writer has authored a book titled ‘The Savage Coloniser Book’, this books contents have been turned into show for  an upcoming Auckland Arts Festival (there is no bleeping our of censorship or the outrageous racial hatred Tusiata Avia how any person with fair skin. There is absolutely no censorship. The journalist of the Sunday Magazine writes  “Tusiata Avia cannot wait to make you feel uncomfortable

Tusiata Avia from Christchurch is a poet and writer who’s book entitled “The Savage Coloniser Book” has been turned into a show for the upcoming Auckland Arts Festival. (Explicit language warning: Profanities have not been bleeped out in this video, against Stuff’s usual protocols, to allow the poet to read her work without censorship.). Michelle Duff talks to Ockham winning poet Tusiata Avia as she speels out racism, fearlessness of growing up as a Pasifika in NZ. In the interview she said brown people in the audience would laugh at her and white people are uneasy. In her staged event for Auckland Arts Festival she describes the following set for her show “A carload of brown girls seek grisly revenge on Captain Cook. A guide shows how to navigate the room of white people. Saying  “cousins in Christchurch are uso’s in the so called ‘brown zone’. She does not apologise for her despising of so called white people saying “I think its good for white people to sit and squirm a bit. I mean we’re brown people squirming all the times  (I call this incitement to hatred and racial discrimination, that has been left to run wild. If it were vice versa then the police would go knocking on doors, there would be arrests.  The Government, police acceptance and promotion of Cultural Marxism’. She eludes to white people stepping outside their comfort zone, then “states she loves her white audience, as silent as they are”. She also refers to colonization and white settlers that perpetuated damage in the pacific in the past is still here right now, and her dislike of white people to the massacre 15 th March 2019 Christchurch Attack of one loan wolf from Australia, she then linked this as others have to ‘white supremacy’

However the truth comes out when the Royal Commission of Inquiry responds to 17 Questions by the community of New Zealand where the Royal Commission of Inquiry stated that “3 yrs prior to the attack and up to the date of the attack 15.3.2019 the Muslim community in Christchurch were seriously concerned about a Daesh attack (ISIS). Tusiata Avia wrote these words “The White Spirits rise up from the swamp, and many bad things happen. The White Spirits rise up from the swamp and kill those that kneel and pray” Saying “I think it’s good for white people to sit and squirm a bit. I mean, we’re [brown people] squirming all the time,” Avia says. She states publicly that “she does not care what people think, because she is writing for herself”.

The Sunday Magazine journalist states that ‘Avia is warm and funny, she represents the truth, the universal truth about colonisation, which was basically rape and pillage and massacre. Avia was raised in Christchurch to a Samoan father and Pakeha mother. Her mother was of Scottish and English ancestry. She says “I have colonisers roots” Actually saying this out loud refers to the 250th Anniversary of James Cooks Arrival In New Zealand:-

Hey James, yeah you in that big Endeavour sailing the blue water like a big arsehole.  F—YOU,BITCH- James. I heard that some-one shoved a knife right into the gap between your white ribs at Kealakekua Bay. I am going there make a big Makahiki-luau cook a white pig, feed it to the dogs and  F—YOU UP, BITCH. Hey James, its us these days, we are driving around in SUVs looking for ya or white men like you who might be thieves or rapists or kidnappers, or murderers- yeah, or any of your descendants or any of your carnations – cos you know – ay bitch We’re gonna F..YOU UP. Tonight, James its me Lani, Danielle and a car full of brown girls we find you. You’ve got another woman in a headlock and I’ve got my fathers pig hunting knife in my fist and we are coming to get you.- sailing around in your ‘Resolution’- your ‘Friendship’- your ‘Discovery’ and you F—king ‘Freelove’.. Watch you ribs James, cos I am coming with Kalaniopu’u, Kanekapolei, Kana’ina, Keawe’opala, Kuka ‘ilimoko who is God and Nua’a who is the King with a knife. And then James, then we are gonna ‘F— You UP FOR GOOD BITCH’. Author Tusiata Avia. Sunday MagazineImage if the tables were turned this would have been the main item before the House-House . The Maori Party would have made mince meat of it. The police would have raided your house. So why hasn’t the Race Relations Commission been onto this?

I have many hundred of people with Maori and Pacific Island blood never have I ever heard them speak like this. This is just plain evil.

International Socialist Aotearoa summer reading – The Best of 2016. 18th December 2016 reported. We asked writers, activists and intellectuals to offer picks from their reading and watching this year for others over the summer. Refers to a new Tusiata Avia collection, moving, angry, dextrous work, has received all sorts of hype and richly deserved. “Wild Dogs Under My Skirt’ and ‘Bloodclot’. Further reference : A celebration of Aotearoa NZ’s LGBTQI writing talent poet Tusiata Avia asks what collection of molecules am. I and I think about queer kinship and how do I trace my ancestors?

https://samesamebutdifferent.co.nz › 2021/06 › si…  Poet Tusiata Avia asks what collection of molecules am I and think about queer kinship and how do I trase my ancestors?


NZ Book Shelf  Tusiata Avia is an internationally acclaimed poet, performer and children’s author. She has published 4 collections of poetry, 3 children’s books and her play ‘

The Word Christchurch festival 2018 TUSIATA AVIA GUEST PROGAMMER. Described as Socialist Feminist Activist Poet Writer-Author. https://wordchristchurch.co.nz/content/uploads/2018/07/SPUB0000_WORD-2018_Festival-Programme_LR.pdf

Patrons ans supporters of this festival included Corporate Patrons. Supporting publishers- Auckland university Press, Awa Press, Allen & Unwin, Penguin, Victoria University Press. Partners: includes British Council. Harcourts, Kate Sylvester, LISTENER, Heartland, University of Canterbury. Christchurch City Council. And RATA Foundation and more  were Festival Partner Christchurch 2018. Major Funders were Christchurch City Council CREATIVE NZ and RATA Foundation. The 2023 Auckland Arts Festival Funders and Sponsor- Auckland Council, CREATIVE NZ . Major Funders are FOUNDATION NORTH, PUB CHARITY, FOUR WINDS, NZCT. Gold Sponsors are The NZ Herald and Auckland Live. Silver Sponsors COLENSO BBDO and Bronze Sponsors are Russel McVeagh, AA, Think Science, TPDD Corporation and FLITS. Corporate Patrons..MOJO, DELMAINE, RICKETMASTER, BDO , BECA and G H MUMM Champage

FUNDING PARTNERS..The LION Foundation, Asia NZ Foundation, Made In Scotland, K’ARTS. Australian High Commission NZ, Canada Down Under, Government , The Trusts Community Foundation Of Canada a;; supporting the appalling incitement promotion of hatred for anyone who does not have a brown skin. The language used and the discrimination NOT censored and published By Sunday Magazine Stuff NZ





. https://wordchristchurch.co.nz/content/uploads/2018/07/SPUB0000_WORD-2018_Festival-Programme_LR.pdf


https://samesamebutdifferent.co.nz › 2021/06



1st December 2022. Govt Investment to support Maori Business and Jobs in the Primary Sector- Damien O’Connor and Meka Whaitiri speakers in the House.  Total exports by Māori businesses have grown by 38% since 2017 to $872 million, with the majority from the food and fibre sector. Launch of Rautaki mo te Taurikura action plan to support the continued growth of Māori food and fibre sector.  Support for Māori agribusiness innovation and workforce development.-Co-investment in a trial embedding mātauranga Māori in farming practices to improve soil quality and clean up waterways. The Government is investing in more on-the-ground support, innovation, and workforce development as part of a new plan to grow Māori businesses and jobs in the food and fibre sector.

Associate Agriculture Minister Meka Whaitiri announced  “so we can lift sustainability, maintain our international competitive edge and grow export value, we’re kick-starting that mahi by co-investing in a $723,200 project led by Māori farming company Ātihau-Whanganui Incorporation, which operates 42,000 hectares of whānau farms in the Manawatū-Whanganui region. The project will involve an innovative trial embedding mātauranga Māori into farming practices, delivering measurable environmental benefits around improving soil quality and cleaning up waterways. Investing in projects like this will ensure our Māori agribusinesses can lift productivity across their land, by providing up to date advice to adjust their practices and innovate, so that growth in exports can continue and provide jobs across the sector,” Meka Whaitiri said.  The Ministry for Primary Industries’ Sustainable Food and Fibre Futures fund (SFF Futures) will contribute $433,920 to the project.

Total exports by Māori businesses have grown from $630 million in 2017 to $872 million in 2021, with the majority from the food and fibre sector. “we launched Rautaki mo te Taurikura – Embracing change for prosperity, which is a detailed plan to support the Māori food and fibre sector and drive even more growth in the years to come,” Meka Whaitiri said.  Adding that  “This builds on multiple investments from Budget 2022, including $34 million to put extra Māori agribusiness advisors in the regions, and $35 million to support Māori-led innovation and mātauranga-based approaches to reducing on-farm emissions, includes the use of workshops, targeted groups, field days and other on-farm activities to share the most up to date information on low emissions practices. We’ve also invested in projects to help landowners improve their productivity, create training opportunities and jobs, and develop innovative practices and products to grow Māori exports.”. “Māori are uniquely positioned to convert the challenges ahead into opportunities,  and to lead the way for others to do the same,” Meka Whaitiri said. “Purchasing decisions of consumers abroad are increasingly being driven by their values, as they question how products were produced and by who. New Zealand’s future opportunities lie in aligning with their values, and this sector plan helps take us there,” Agriculture Minister Damien O’Connor said. “Supporting the Māori primary sector to expand and achieve its aspirations is a key part of the Government and sector’s Fit for a Better World roadmap, which aims to add $44 billion to primary sector export revenue across the next 10 years.”

The Rautaki mo te Taurikura plan will be reviewed in 2024. The plan can be downloaded here: Budget 2022 also included $40 million to deliver industry transformation plans for the food and beverage, fisheries, and the forestry and wood processing sectors, which we’re developing in partnership with industry and Māori.”  Other SFF Futures initiatives with Maori include a $19.9 million project with Spring Sheep to expand into the Taranaki region in partnership with Parininihi ki Waitotara (PKW) and an $11.6 million programme with Ngāi Tahu Farming Limited  And Ngāi Tūāhuriri to take part in a whole-farm scale study in North Canterbury to validate the science of regenerative farming. The Government’s commitment to helping farmers adapt to shifting consumer expectations is demonstrated by the co-investment of about $530 million with the sector across 230 SFF Futures projects to date.