A Māori Laws and Philosophy professor is pleased the Government’s revisited water reforms maintains a level of co-governance but says it falls short in giving mana whenua a seat at the table when it comes to broader decision-making
The key changes that have been announced to the government’s water infrastructure reforms (formerly known as ‘Three Waters’) is that there will now be ten regional water services entities, as opposed to the four entities originally provided for in the Water Services Entities Act 2022, says Victoria University of Wellington’s Dr Carwyn Jones.
“Under the Act, each water services entity will be governed by a board that is appointed by a Regional Representative Group. Each Regional Representative Group must include an equal number of territorial authority representatives and mana whenua representatives.
“Although the greater number of entities now means that more territorial authorities will be able to appoint members to the Regional Representative Groups, the model of shared decision-making authority has been maintained.
“This is an important aspect of the reforms and provides a mechanism to include the participation of mana whenua, who have distinct rights, interests, relationships, and experiences with water resources and the broader natural environment within their role.
“Sharing decision making at this level will contribute to better informed, more inclusive and more durable decisions. In this way, shared decision making will strengthen the legitimacy of these public institutions.
“However, this model of shared decision making is still well short of effective recognition of the relationship between the kāwanatanga and tino rangatiratanga spheres of authority that is envisaged in Te Tiriti o Waitangi.
“Properly giving effect to Te Tiriti relationships would require shared decision making be expressed through all levels of the organisation.
“In the case of the proposed water services entities, this would mean decision making ought to be shared with mana whenua not only within the Regional Representative Group, but also at the governing board level,” Jones says.
