Like many First Nations Peoples across the world, Ngāi Tahu and other Iwi have yet to establish ownership, or gain reliable access to, the freshwater resources of Aotearoa. The current freshwater allocation model under the Resource Management Act (1996) locks in the historic “first in, first served” system and largely denies traditional owners access to this resource.
To recognise Iwi’s rights and interests in freshwater a new approach may be needed – one that moves away from allocating water based on (recent) historic use and property rights, provides a pathway towards the social, cultural and economic health for mana whenua, and yet recognises the political and social landscape that it must operate within.
A possible method to achieve this may be the adoption of a “water market” system that is decoupled from property rights and uses some of the existing mechanisms established under the Ngāi Tahu Claims Settlement Act (1998) and other similar Treaty of Waitangi settlements. Under this system, the economic burden of transition to indigenous ownership is not shouldered by the local community, yet the Crown is able to give effect to its Treaty responsibilities around freshwater allocation.
In developing this approach, it is important that we not only recognise opportunities, but acknowledge the risks and learn from the experience of other indigenous communities in using market-based systems in freshwater management.