27 February 2013

Mighty River Power: Maori Council v. Attorney-General


Maori interests failed to convince the Supreme Court that partial privatisation of Mighty River Power will materially impair government ability to provide compensation for any yet-to-be decided claims to water rights.  This court ruling leaves government free to sell a 49 per cent stake in its state-owned energy companies.
In the North Island, Maori interests claim that control of their rivers and streams was usurped by settler interests after signing of the Treaty of Waitangi.  Government says there is no validity to these claims and sees Maori demands as a means to claim economic rents for a natural resource available to all.
Legislation last century bound the government to provide compensation for any agreed Treaty claims with the return of disputed assets as one form of compensation.
Representatives of Maori with interests along the Waikato River argued that government plans to sell part of its interest in Mighty River Power should be stopped; a sale would diminish assets available to meet Treaty claims over ownership of Waikato water.
The Supreme Court said there is no logical reason why government should be forced to keep, against its will, a minority shareholding in energy generating companies which are unconnected in any meaningful way to underlying Treaty claims.
A partial sell-down of shares does not amount to a sale of the company, Mighty River Power, or to the disposal of assets held by the company.
The Court said that government retention of a 51 per cent shareholding in Mighty River Power and with it majority control of the company means that government retains substantial capacity to provide redress for any Treaty claims.  Government can later issue further shares which can be offered as compensation, or use cash generated from Mighty River dividends to pay compensation.
Maori Council v. Attorney-General – Supreme Court (27.02.13)
13.005