“While the government cites William Blackstone (an early authority on English common law) to the effect that “no one owns the water”, Blackstone was equally adamant that no water user has the right to pollute, foul, corrupt or divert and stop waterways in ways that deprive others of their “lawful enjoyment”. This might be news to many dairy farmers, foresters and developers in New Zealand.”
University of Auckland’s Distinguished Professor Dame Anne Salmond responds to the OECD’s report on New Zealand’s environmental performance with suggestions on how the fresh water crisis might be tackled
The OECD’s report on New Zealand’s environmental performance is crystal clear. New Zealand’s 100% Pure reputation is at immediate risk from the degradation of many New Zealand lakes and rivers. International media, buyers of New Zealand products, tourism interests and public opinion polls have all been ringing alarm bells, and now the OECD itself has joined the uproar.
As the report notes, “fresh water is a fundamental asset underpinning New Zealand’s economy”, in primary production as well as tourism and many other industries.
While leaders in national and local government and primary production have tried to shut down freshwater scientists and others warning about the damage to New Zealand’s waterways, they can’t ignore this message from the international community. Decisive action to enhance the state of many springs, streams, rivers, lakes, wetlands, groundwater and aquifers across the country must be taken.
Although much was hoped from the Land and Water Forum, which for almost a decade has brought key stakeholders together to agree on ways of taking care of New Zealand’s water courses, the government has not listened to most of the Forum’s recommendations. At the regional level, too, collaborative processes have often been hijacked by powerful commercial interests.
In addition, iwi claims to proprietary interests in ancestral waterways have been upheld by the Waitangi Tribunal. In response, the government has argued that “no one owns the water”. Conversations between the government and iwi leaders about this are conducted in private, despite acute public interest in how fresh water in New Zealand should be managed.
The OECD recognises that iwi interests in waterways have to be resolved if freshwater management in New Zealand is to move ahead. The report highlights the need for the application of national standards at the catchment level to be independently monitored. It also notes that charging for the commercial use of fresh water and polluter pays charges might be considered.
Sir Eddie Durie and the New Zealand Māori Council have suggested that in order to bring greater consistency to the management of waterways across the country, and to recognise iwi interests in fresh water, an independent Waterways Commission might be established. If closely linked with the Office of the Parliamentary Commissioner for the Environment, this would have a number of advantages.
If charging for the commercial use of fresh water is introduced, it is imperative that this income flow is not privatised. All New Zealand citizens have a stake in the country’s waterways, and if water charges are introduced, this funding should be dedicated to improving fresh water quality for the benefit of all, including iwi projects to enhance ancestral waterways, as in Te Awa Tupua (Whanganui River Claims Settlement) Act.
The visionary recognition in Te Awa Tupua Act of the rights of waterways themselves could be extended to other waterways. Rivers, springs, streams, wetlands and lakes existed long before people arrived in New Zealand, and as both the Whanganui people and the OECD recognise, human beings depend on freshwater ecosystems for our health, prosperity and survival, as much as the other way around.
While the government cites William Blackstone (an early authority on English common law) to the effect that “no one owns the water”, Blackstone was equally adamant that no water user has the right to pollute, foul, corrupt or divert and stop waterways in ways that deprive others of their “lawful enjoyment”. This might be news to many dairy farmers, foresters and developers in New Zealand.
The legal rights of all citizens to enjoy waterways across New Zealand should underpin the work of a Waterways Commission. It is vital that the application of national standards for fresh water is nationally monitored by an independent body, to ensure that the management of waterways and any funding from water rights are not hijacked by private interests.
The OECD’s report is a call to action. Declining standards for fresh water in New Zealand must be decisively tackled. A Waterways Commission – one that is truly independent and well resourced, reconciles the rights and responsibilities of iwi with those of other citizens, and takes good care of our waterways – would bring urgency and national oversight to this task.
Dame Anne Salmond is the Patron of the Te Awaroa: 1000 Rivers project. She was the 2013 Kiwibank New Zealander of the Year.