Tribunal recommends big Govt payout over Tongariro power scheme, now owned by Genesis Energy; English says float not in danger

By Bernard Hickey

The Waitangi Tribunal has issued a final 1,360 page report on 41 Treaty claims over the Tongariro, Ngauruhoe and Ruapehu mountains that has recommended the Government negotiate "significant compensation" with iwi and hapu over the land and in particular the Tongariro hydro-electric electricity scheme, which is now owned by Genesis Energy.

Finance Minister Bill English told reporters before National's Parliamentary Caucus meeting the Government was already in negotiations with iwi over a settlement and he did not think it would affect the partial privatisation and float of Genesis Energy.

He said a court ruling over water rights for Mighty River Power had already set the precedent that meant the float would not be affected.

The Waitangi Tribunal inquiry panel, which included Chief Judge Wilson Isaac, Sir Doug Kidd, Dr Monty Soutar and Sir Hirini Mead, said the creation and management of the Tongariro National Park and the establishment and operation of the Tongariro power scheme had delivered little for Maori.

"The Crown did not provide compensation for lands compulsorily acquired for Tongariro National Park. Nor did it consult with Whanganui iwi over the establishment and subsequent governance of the park, despite its awareness of their interests in the southern area of the park," the Panel said.

"Subsequently, in managing the park the Crown made no clear provision in its policy and legislation for nga iwi o te kahui maunga to exercise rangatiratanga over their taonga. The Tribunal concluded that the Crown had failed to honour either the Treaty partnership or the partnership offered by Te Heuheu," it said.

"The Tribunal recommended that the Crown honour its obligations and restore the partnership intended by the 1887 tuku of the mountains. It recommended that Tongariro National Park should be made inalienable and held jointly by the Crown and ngā iwi o te kāhui maunga under a new Treaty of Waitangi title; and that the park be transferred from Department of Conservation control to co-management by a statutory authority comprising Crown and iwi representative."

The Tribunal said the other main issue for the inquiry was the Tongariro power development scheme.

'Significant treaty breach'

"For nga iwi o te kahui maunga, the Tribunal found, their waterways are taonga, ownership and control of which are held in accordance with tikanga Maori and have never been relinquished," it said, adding they retained residual proprietary rights on the waterways of the district and the right to develop them.

The Tribunal found that when the Crown set up the scheme it met with Ngāti Tūwharetoa, but did not consult the Lake Rotoaira trustees or Whanganui iwi. 

"The Crown’s 1972 agreement with the trustees, which denied the lake’s owners any commercial benefit, was itself a significant Treaty breach. In operation, the scheme’s impact on lakes and rivers has resulted in a loss of water quality, habitat, and food and fish resources, particularly at Lake Rotoaira," it said.

"The Tribunal found that the Crown did not compensate the owners for the detrimental impacts of the scheme or for the use of Lake Rotoaira for hydropower storage. It recommended significant compensation to remedy these breaches and that the residual property rights of nga iwi o te kahui maunga in their waterways be given due recognition. "

The Tribunal said its general conclusion was that the Crown had committed numerous serious Treaty breaches.

"These had considerable economic, social, cultural, environmental and spiritual repercussions for nga iwi o te kahui maunga, for which it recommended substantial and culturally appropriate compensation."

English comments

English agreed the settlement negotiations would be discussed in any prospectus for Genesis Energy, as it was for Mighty River Power. 

"The anchor point for all this is the Supreme Court judgment which has been out there now for about 12 months so everyone is pretty clear about the legal basis on which the Crown is proceeding with these sales, and that is that the sale of share doesn't interfere with the claims process," English said."

"But equally we want to continue to deal with water claims, so for instance in the case of Genesis the Whanganui claim is directly relevant and we have made very good progress with Whanganui iwi about settling their claim on the Whanganui river and the sale won't interfere with that," he said.

More soon.