Iwi stance may hinder Govt’s asset sales

Threats of legal action by a central North Island iwi could hamper Government plans to sell state-owned energy companies.

Tuwharetoa representatives suggested yesterday that they would take legal action if the sales were not delayed until their interests were properly assessed.

Ngati Tuwharetoa chairman Tumu te Heuheu told Parliament’s finance and expenditure committee that the Crown had an obligation to ensure the iwi’s legal, customary and Treaty rights and interest over water and geothermal resources before the SOE sales went ahead.

Tuwharetoa has claims over Lake Taupo, the upper Waikato River, Lake Rotoaira and land with access to geothermal resources.

‘‘Our concern as legal owners is that the mixed ownership model will privatise electricity generation operations on our waterways without us being given any say in the matter.

‘‘We are not prepared to stand by and watch private commercial interests generating private profits from lakes and rivers that we own.’’

The iwi had unfinished business with the Crown, he said.

The Tuwharetoa Trust Board said it opposed the mixed ownership legislation because it represented a significant change and enabled the commercialisation of the use of Taupo waters.

‘‘The trust board has previously not opposed the use of the Taupo waters for electricity generation on the basis that it involves the use of the Taupo waters for public good, primarily on a cost-recovery basis.’’

It wanted the law changes put on hold or withdrawn until matters relating to the use of the waters could be resolved.

The Maori Council is also concerned about the effect of the SOE sales on Maori water rights and has lodged a claim with the Waitangi Tribunal over the issue.

Green Party co-leader Russel Norman said Tuwharetoa’s concerns were a real problem on the Government’s road to privatisation.

‘‘This will be a huge spanner in the works for the privatisation of those SOES.’’

It would also cast a shadow over the real value of the assets and meant the Government was likely to get a lower price, he said.

But Prime Minister John Key said water rights were a separate issue to the mixed ownership model.

It was always possible for anyone to take the Crown to court but he thought it unlikely Tuwharetoa would.

Fairfax NZ Threatened: Proposed legal action by North Island iwi Ngati Tuwharetoa could jeopardise the Government’s plans to sell off state-owned assets such as Mighty River Power, which runs the new geothermal power plant, Nga Awa Purua. Photo: Chris...