Author(s): Morris Te Whiti Love; Te Atiawa

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Abstract: Fresh water resources defined Maori interests and rights in land in complete contrast with the English common law concept that land defined rights to water. Water was the main medium to support the key protein sources in pre-European Aotearoa/New Zealand from the tuna/eels and all the freshwater fish to the marine mammals, shellfish and seafish. The exception to this observation are the birds, however even when Moa were around these were a minor part of the diet even in the interior forests. While English common law use tools such as the ad medium filum aquae rule to deal with water bodies such as rivers and lakes, Maori defined their interests by water resources such as the rivers and lakes. The defining saying of the Whanganui people is ko au te awa, te awa ko au I am the river, the river is me. These fundamental differences are part of the drivers for Maori to seek changes in the way we manage freshwater.

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Year: 2010