Irrespective of who owns the land over which the water flows, under common law and statute law, water is owned by no-one. There is absolutely no legal, moral or common sense justification for any Iwi/Māori 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 by 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”

Former Law Lecturer, Judge Anthony Willy, agrees: “Water was never regarded by the common law as a commodity

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)

 Under British common law, naturally flowing freshwater is not owned by anyone, but is treated as a public good.

 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 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.

Carol Sakey  https://wakeupnz.org

“OH MUMMY” SAID CHARLIE GIVE BILLY A KNIGHTHOOD

NBC News reported Britain’s Queen Elizabeth II presents Microsoft’s Bill Gates with his honorary knighthood at Buckingham Palace in London, Wednesday- March 3rd 2005.

ir Bill?  Not quite.  Proclaiming himself “humbled and delighted,” Microsoft founder Bill Gates received an honorary knighthood Wednesday from Queen Elizabeth II — an accolade that allows the recipient to use “KBE” after his name, but not to put “Sir” in front of it.

One of the world’s richest men, Gates, 49, was being honored for his charitable activities around the world and his contribution to enterprise in Britain.  Past recipients of the honorary knighthood range from Irish singer Bob Geldof to former U.S. President Ronald Reagan.

“This honor is particularly poignant given the deep connections Microsoft enjoys with the United Kingdom,” said Gates, whose company employs about 2,000 people in Britain.

Gates’ royal honor — bestowed by the queen on the advice of the government — was announced in January 2004, but a “mutually convenient” date to receive it had not been available until now.

British recipients of knighthoods are entitled to be addressed with a “Sir” before their names.  The honor was long the preserve of senior soldiers, judges and other servants of the state, but recent years have seen the creation of Sir Paul McCartney, Sir Mick Jagger and Sir Elton John.

As an American, Gates is not entitled to use “Sir” before his name, but he can put the initials KBE — Knight Commander of the British Empire — after his name.

Gates joins a roster of American knights that includes former presidents Reagan and George H.W. Bush, comedian Bob Hope, retired U.S. Army Gen. Tommy Franks and former Secretary of State Colin Powell.

Gates said he was proud of what he called Microsoft’s “special relationship” with Britain.  “The U.K. was the first country in which Microsoft set up a subsidiary outside the U.S., and our experience in the U.K. has been significant in shaping our international growth,” he said.

Microsoft’s British facilities include Research Cambridge, a laboratory established in 1997 in the university town that employs 80 scientists.  In 2000, the Bill & Melinda Gates Foundation announced a donation of $210 million to Cambridge University to create a scholarship program for graduate students from outside Britain.

(Microsoft and NBC are partners in MSNBC

19^th October 2021 – UK signs agreement with Bill Gates to further develop environment-friendly technologies. British Prime Minister Boris Johnson and world-leading entrepreneur Bill Gates Tuesday announced a Clean Energy Partnership worth about 400 million pounds sterling (more than US $ 550 million), according to a 10 Downing St.

Britain strikes green investment partnership with Bill Gates

https://www.reuters.com › …— Britain has already pledged at least 200 million pounds to the development of new UK projects, and investors and businesses in the Gates project …

Bill Gates to Match UK’s $276 Million Investment in Green …

https://www.bloomberg.com › …  Oct 2021 — U.K. Prime Minister Boris Johnson announced a 400 million-pound ($552 million) partnership with Bill Gates to boost green investment 

Statement by Bill Gates on Receiving an Honorary Knighthood

https://www.gatesfoundation.org › …

The UK was the first country in which Microsoft set up a subsidiary outside the … to those who have made an important contribution to British interests.

Bill Gates bets £200M on UK’s underinvested green tech

https://www.politico.eu › …

19 Oke 2021 — Gates and the UK government vow to scale up green technologies and bring down … green technologies to cut carbon emissions in Britain.

Bill Gates, U.K. Prime Minister Launch $550 Million Investment …

https://www.forbes.com › …

19 Oct 2021 — Gates also pledged to work with the U.S. government—but only if Congress passes an infrastructure bill

Bill Gates Gives These Inspiring British Schoolchildren the …

https://www.globalcitizen.org › …

21 Āpe 2017 — The international philanthropist arrived in secret to watch the debate between schools from Leeds and London on the impact of UK aid, battling …

UK first to source coronavirus vaccines from Gates-backed …

https://thenextweb.com › …

20 Hūr 2020 — Britain’s fresh agreement with Germany’s BioNTech and the Bill Gates-backed Pfizer netted 30 million doses of their joint mRNA vaccine,

https://www.nbcnews.com/id/wbna7065790

Article In Stuff Lifestyle Sunday Magazine Feb 19^th 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”

“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 250^th 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 Magazine.

Image 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. 18^th 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?

https://nzpoetryshelf.com/tag/sugar-magnolia-wilson/

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

LINKS:

https://www.aaf.co.nz/support-us/sponsors

https://www.stuff.co.nz/life-style/sunday-magazine/131236724/tusiata-avia-cant-wait-to-make-you-uncomfortable?fbclid=IwAR2KFxpokBZCbAiVqEvshicuCmwSwatAgyh5B8jwJjRSMi_vXPYK7T8jRvQ

https://iso.org.nz/2016/12/18/socialist-summer-reading-the-best-of-2016/

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

https://nzpoetryshelf.com/tag/sugar-magnolia-wilson/

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

SOFT LAW: The term soft law is used to denote agreements, principles and declarations that are not legally binding. Soft law instruments are predominantly found in the international sphere. UN General Assembly resolutions are an example of soft law.. For example when NZ signed the Non-Binding UN Agenda 2030 it was accepted by all political cronies in the toilet bowl of Wellington. Soft Law is a stop gap to ‘hard law’- legislations. Ardern entered the UN Agenda 2030 into Domestic Policies, it them became ‘legalized hard law’ (Note not necessarily lawful). Soft Law needs no political consensus, it is just accepted as it is and not opposed in parliament. Hence mobilises a consistent general response without consensus. (Soft law is non-binding)

CONTRACT LAW:Is common throughout the country, some specific court interpretations of a particular element of the contract may vary between the states, countries. In New Zealand there are 5 key elements of a valid contract, a clear offer, unequivocal acceptance, adequate consideration, an intention all parties enter into legal relations under certain terms. Based on the principle that agreements must be honoured

CUSTOMARY LAW:The rulings of Customary Law institutions can be inconsistent, unpredictable and discriminatory. As decisions are often not recorded, and appeals from  decisions may be difficult, there is insufficient monitoring and supervision of their operations. Customary Law: Under the doctrine of aboriginal rights, customary laws or practices of a continuous nature may be granted the force of law by the courts and an associated rights enforced if they have not been extinguished by statute. The four principles of customary law, the general principles of law are laches, good faith, res judicata, and the impartiality of judges. International tribunals rely on these principles when they cannot find authority in other sources of international law. Customary Law is consuetudinary or unofficial law) exists where: a certain legal practice is observed and. the relevant actors consider it to be an opinion of law or necessity (opinio juris).

CIVIL LAW: The term civil law derives from the Latin ius civile, the law applicable to all Roman cives or citizens. Its origins and model are to be found in the monumen- tal compilation of Roman law commissioned by the Emperor Justinian in the sixth century CE. Civil Law covers disputes between individuals, companies and sometimes local or central government. Civil law disputes are generally the cases in court that are not about breaking a criminal law. New Zealand’s civil justice system works in such a way that cases can be resolved through a claims process. What are 4 examples of civil law? Four types of Civil Law deal with Contracts, Property, Family Relations, Civil wrongs causing physical injury or injury to property (tort). Civil law, also known as private law, regulates disputes between private individuals or entities (e.g. companies). It is thus different to cases dealing with matters between individuals and the state, i.e. public law and criminal law. The drawback of Civil Law is that even if previous cases show you should win your case, there is no guarantee a judge will interpret the code in the same way on your case,

COMMON LAW: Began in England in the 11th century with the establishment by William the Conqueror, King of England, of the Kings Courts. The courts, in deciding local disputes, applied local customs. Over time, these customs became rules and were the basis for later courts to make decisions on similar disputes. Henry 11 is recorded as being the alleged ‘Father of Common Law”.  At the centre of common law is a legal principle known as stare decisis, which is a Latin phrase that roughly means “to stand by things decided.” In practice, stare decisis is just a fancy way of saying that courts and judges need to follow earlier decisions and rulings — otherwise known as caselaw. : Much of New Zealand’s law, such as its common law tradition and constitutional framework, has been inherited from the English legal system, which was applied (so far as applicable to the circumstances of New Zealand) in 1840. Independent, fair and efficient courts are an important cornerstone in our democracy. New Zealand has common law, which means judges make legal decisions based on previous judges’ decisions as well as on statutes (written law) passed by Parliament. Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common laws sometimes prove the inspiration for new legislation to be enacted. Common Law is better than Civil Law as it  allows for flexibility allows  judges to be able to respond to future cases, even those that they had not predicted. Common law is independent of political influence, ensures consistency in the legal systems and is clearer in instructions compared to civil law.  Civil law systems are codified statutes predominate.

My Rights Under Common Law:-Blackstone’s Introduction to the Study of the Law and the Constitution lists three primary common law rights: personal security, personal liberty and private property, and auxiliary rights necessary to secure them, such as access to justice.  Common Law protects Human Rights:- These rights and freedoms are protected by the common law principle that legislation should not infringe fundamental rights and freedoms unless the legislation expresses a clear intention to do so and the infringement is reasonable. ‘Firstly Do No Harm’, This harm/no–harm distinction at common law cannot be dismissed

NOTE: An interesting case -Judge Wylie (Published 12/3/2020) A High Court Judge opened the door for a new ‘Tort’ laws making corporates responsible for their greenhouse gas emissions. This is related to 2 out of 3 claims made by Climate Change Iwi Leaders Group Chair Mike Smith against Fonterra, Genesis Energy, Dairy Holdings, NZ Steel, Z Energy, NZ Refining and BT Mining. Has had a similar case against the government.

The hearing was to consider the corporates move to strike out the claim could not be reasonable argued. Wylie released a decision saying “while Smith could not proceed on already established rules of negligence and public nuisance, a new area of law could be created. He said “I am reluctant to conclude that the recognition of a new tortious duty which makes corporates responsible to the public for their emissions is untenable. It may, for example, be that the special damage rule in public nuisance could be modified, it may be that climate change science will lead to an increased ability to model the possible effects of emissions”. Smith wanted the court to declare the corporates have caused a public nuisance through their emissions and order they move to ‘zero net’ emissions from their activities by 2030.

The Judge referred to a paper where the Supreme Court chief alongside other judges, states the problem of climate change does not adhere well to established legal doctrine.  “The Common Law method brings stability, but it can also allow for the injection of new ideas and for the creation of a new responses as required” Judge Wiley cited. The statement of claim raises three caused of action, all in tort-public nuisance, negligence and breach of an inchoate duty. Declarations are sought that each of the defendants has unlawfully caused or contributed to the public nuisance alleged or breached duties said to be owed to Smith, Injunctions are also sought requiring each defendant to produce, or cause, zero net emissions from its activities by 2030.

Judge Wylie said “Smith’s negligence claim could not go ahead because there was no proximity between Smith and the Corporates, and that if he ruled in favour, floodgates may open”. He said “”the public nuisance claim was  clearly untenable”

Judge Wylie said “ Even if Smith was successful in his wider claim it would be difficult to craft an injunction which did not clash with Parliament, Government policy and other law. It would in effect have the court acting as regulator requiring specialist no judicial expertise. Meanwhile a High Court judge had declines an application to strike down a judicial review of Thames Coromandel District Councils refusal to sign a ‘climate change’ declaration. Justice Gault also declined the councils bid for security deposit, saying it was in the publics interest for the case to go ahead and the group seeking the review could not afford it.  Justice Gault did not look at the merits of the case, but said “the bar for striking out a judicial review should be hight”. Arguments in the application looked at whether the declaration had any meaningful impact or whether it was simple binary decision for the local Mayor to sign or not.

The decision on the Smith case is covered in more detail in the Energy and Environment  documentation

https://www.scoop.co.nz/stories/HL2003/S00142/judge-leaves-door-open-on-climate-change-case-just.htm

https://energyandenvironment.net.nz/home.html       Carol Sakey  https://wakeupnz.org