tag:blogger.com,1999:blog-8687643215117543088.post2441927417885488768..comments2023-12-21T23:44:40.324+13:00Comments on Maui Street: No, Justice Young, it's no king hitMorgan Godferyhttp://www.blogger.com/profile/16151402259122819244noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8687643215117543088.post-13560771627224312702012-12-05T19:18:15.788+13:002012-12-05T19:18:15.788+13:00"Partial privatisation will make a crucial di..."Partial privatisation will make a crucial difference to the Crown’s ability to act. Private shareholders will resist the introduction of any kind of levy, charge, resource rental or royalty that impacts on the profitability of the company and (as a result) their income and the value of their shares"<br /><br />Recognising Maori interests and rights in water in areas where these assets operate doesn't require any levy etc. The government will still have 51% stakes in the assets once the partial-float has been completed, they can use some of that 51% to placate maori - and together, under the principles of 'partnership', both Maori and the Crown will have the ability to wield a controlling stake in the companies. <br /><br />It's not like the government actually needs to sell these assets, it's ideological - I'm sure there can be a common ground for mana motuhake and neoliberal privatisation.<br /><br />The Waitangi Tribunal is correct to say partial-privatisation will make a 'crucial' difference to HOW the government settles these issues, but I don't agree that it makes the ultimate difference in determining whether or not the govt. CAN settle them. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8687643215117543088.post-40479541300660083152012-12-05T12:08:31.225+13:002012-12-05T12:08:31.225+13:00I know the case law well. No one is or has argued ...I know the case law well. No one is or has argued that Maori have a right to generating hydroelectricity. You've missed the point completely. The claim is that partially privatising MRP and other SOEs will affect the Crown's ability to recognise Maori rights and interests in water. <br /><br />You also miss the quote from President Cooke, as he then was, where he holds that if the Crown is to act in a manner contrary to the principles of the Treaty, as the Maori Council argues, then it must only be in "exceptional circumstances" and in "the national interest". Morgan Godferyhttps://www.blogger.com/profile/16151402259122819244noreply@blogger.comtag:blogger.com,1999:blog-8687643215117543088.post-17928959368663185392012-12-05T11:47:43.188+13:002012-12-05T11:47:43.188+13:00http://www.waitangi-tribunal.govt.nz/doclibrary/pu...http://www.waitangi-tribunal.govt.nz/doclibrary/public/Appendix(99).pdf<br />(3) The freedom of the Crown to govern<br />On the freedom of the Crown to govern, Justice Cooke ruled that:<br />The principles of the Treaty do not authorise unreasonable restrictions on the right of a duly<br />elected government to follow its chosen policy. Indeed, to try and shackle the Government<br />unreasonably would itself be inconsistent with those principles.<br />15<br />Also, Justice Bisson observed that:<br />it is in accordance with the principles of the Treaty that the Crown should provide laws and<br />make related decisions for the community as a whole having regard to the economic and other<br />needs of the day.<br /><br />In hearing the appeal, Justice Cooke endorsed the High Court’s ruling on the matter and<br />also dismissed the appeal, stating that:<br /><br />33. Te Runanga o Te Ika Whenua Inc Society v Attorney-General [1994] 2 NZLR 20, 21<br />34. Ibid, p 21app.1.8 National Overview<br />482<br />The essence of what has been said above is that neither under the common law doctrine of<br />aboriginal title, nor under the Treaty of Waitangi, nor under any New Zealand statute have<br />Maori . . . had preserved or assured to them any right to generate electricity by the use of water<br />power.griffnoreply@blogger.comtag:blogger.com,1999:blog-8687643215117543088.post-14318469958663843842012-12-05T08:47:31.821+13:002012-12-05T08:47:31.821+13:00The Key National Government can attempt to stop th...The Key National Government can attempt to stop the Maori council –come elections with a National government in decline and a Labour/Greens/Mana coalition the governments partial share will go directly to the Maori Council in retaliation for stonewalling the Maori council. If you listen to Justice Young talking to the Mr Geiringer the entire case is predetermined -Justice Young has done a great dis-service to the New Zealand Justice system acting like the defence counsel. This will go to the Supreme Court and carry on –John Key should have looked at negotiating a deal because the Maori council will succeed –they have 170 years. Anonymousnoreply@blogger.com