Happy Waitangi Day! Throughout the country people will be celebrating a day that reminds us who we are, and how our country was founded – at least I would like to think that is the case. At Waitangi there will be celebration, but only after the intial flexing of ‘treaty right’ muscle most notable from those who feel offended by the lack of progress.

Perspective is a great moderator of opinion and even though our nation can still be consider a young 172 years in the making – the way forward remains very clear.

Our path as a nation predicates itself on the Treaty of Waitangi as a founding document which in its time has been the focal point of debate that has shaped our sense of nationhood. Maori as tangata whenua, continue to assert a prerogative for doing things differently. Perspectives regarding environmental stewardship are most keenly asserted by tangata whenua who want to preserve our natural resource inheritance for future generations. This year we might expect evidence of this in debates regarding increased mineral use, oil exploration and growing angst in the reliance of our economy on fossil fuels and thermal power generation. On this front the great majority of Maori opinion would see itself at the centre of a renewable energy programme of action and potentially helping to lead the low carbon economic agenda. Now the Crown might do well to see how Treaty claimants and post-settlement iwi might partner investment in this area rather than looking offshore. Even in the research and development space, some iwi should be approached by the Governments CRIs to partner ‘cutting edge’ projects as a real opportunity to do things differently.

A strong driver of opinion on s. 9 of the SoE Act will be the potential impact of the National Governments agenda on natural resources. A case in point from my own electorate is the process Genesis is currently embarking on to renew its 35year consents to take water. Waikato-Tainui may do well to consider their position on consents against a backdrop of any proposed sale of energy companies. Shorter consents may prove no certainty for private interests. But, if the National Government in selling SoEs presume they have the absolute right to divest 49% of their shareholding on behalf of Maori – think carefully. Tainui tested s.9 in the CoalCorp case which was a predecessor to the 1995 Waikato Raupatu Settlement. When the National Government undertook to separate ECNZ into 3 energy companies Tainui sought an undertaking from the Minister via the High Court that by doing so, the tribes interests in the Waikato river would not be prejudicially affected. The 2008 Waikato River Settlement contains a clause that gives Tainui first right of refusal over the Huntly Power station. No position on water rights was reached by the then Labour Government or the National government. This remains a live issue for many competing water users – but there are many roads to Rome and it could well be time to revisit water allocation and consent rights.

I would be very interested to see an opinion from Crown Law on the ability of the Crown to sell a 49% shareholding in Crown Assets without the full resolution of Treaty Settlement claims. At a political level one can only deduce that National has a high level of comfort in selling energy companies first because of the perceived interest from iwi like Ngai Tahu and Tainui. But as tribal members will confirm, no solid proposal or business case has been revealed. Neither iwi nor ‘mum and dad investors’ should be scapegoats for an over-zealous ideology.

These are interesting times and as we also enter the Year of the Dragon – the lack of political leadership on the Treaty of Waitangi may unleash a Taniwha….just saying.