title: Improving water allocation law and policy in New Zealand: Lessons from Australia

authors: Singh-Ladhar, Jagdeepkaur

subjects: Water

abstract: The main research question in this thesis is what lessons can New Zealand learn from the Australian experience in water allocation? In order to answer this question the thesis first examines the current water allocation law and policy problems in New Zealand. New Zealand has problems with over allocation and a lack of mechanisms to transfer water. There are also more complex issues relating to the lack of systematic planning for water allocation across New Zealand catchments and the consequences of the “first come, first served” method of water allocation that applies under the administrative provisions of the Resource Management Act 1991.
Much of the water allocation literature has an economic or scientific perspective. For that reason the thesis also examines key terms such as “scarcity” in order to fully understand its various dimensions within the literature. The thesis also makes it clear that legal problems relating to how to regulate water allocation require legal analysis. Hence the economic and scientific literature inform the analysis but do not form the primary basis for the analysis. The method of analysis is conventional legal analysis between New Zealand and Australia.
The thesis continues by examining the key characteristics of the recent Australian water law reforms of the last 20 years. The analysis shows that implementing law reform for water allocation has been fraught with constitutional barriers as it tried to work across political state boundaries within the Murray Darling Basin. The Australian approach of co-operative federalism has played a key role in supporting the implementation of the reforms in the National Water Initiative 2004 and Water Act 2007 (Cth). The implementation of the reforms are also examined at the state level.
The analysis of the Australian water law reform provides a rich source of lessons for New Zealand. The analysis shows that Australian reform was based on firm legal foundations. There was independent oversight of the reform implementation by the National Water Commission. Water allocation information was recorded on a water register which could include information relating to water securities. The actual water allocation was aided by the creation of many water products. Water allocations could be distinguished on the basis of a right to receive water at a site, a delivery right to use water infrastructure, temporary allocations and allocation based on a percentage of the total amount of water available in a catchment. These innovative features of water law and policy ought to be considered as possible features to introduce in New Zealand water law.
There are also cautionary lessons from Australia. More recent reviews of the changes to water law reform, including the disestablishment of the National Water Commission, are critical of the Australian government in undermining the progress that has been made. Allegations of water theft and a lack of compliance monitoring are so serious that there has been a Royal Commission by the South Australian government. There is the potential that the reforms could be undermined significantly if state support falls. The lesson from New Zealand from these points is equally if not more important. It shows that regardless of how much is invested in water law reform, compliance and monitoring of water allocation need to be addressed urgently whenever the issue arises. New Zealand also has allegations of water theft and a lack of compliance with the water metering regulations. A strong compliance culture for measuring water takes is essential to the long-term success of water allocation law reform.

text: Improving water allocation law and policy in New Zealand: Lessons from Australia The main research question in this thesis is what lessons can New Zealand learn from the Australian experience in water allocation? In order to answer this question the thesis first examines the current water allocation law and policy problems in New Zealand. New Zealand has problems with over allocation and a lack of mechanisms to transfer water. There are also more complex issues relating to the lack of systematic planning for water allocation across New Zealand catchments and the consequences of the “first come, first served” method of water allocation that applies under the administrative provisions of the Resource Management Act 1991.
Much of the water allocation literature has an economic or scientific perspective. For that reason the thesis also examines key terms such as “scarcity” in order to fully understand its various dimensions within the literature. The thesis also makes it clear that legal problems relating to how to regulate water allocation require legal analysis. Hence the economic and scientific literature inform the analysis but do not form the primary basis for the analysis. The method of analysis is conventional legal analysis between New Zealand and Australia.
The thesis continues by examining the key characteristics of the recent Australian water law reforms of the last 20 years. The analysis shows that implementing law reform for water allocation has been fraught with constitutional barriers as it tried to work across political state boundaries within the Murray Darling Basin. The Australian approach of co-operative federalism has played a key role in supporting the implementation of the reforms in the National Water Initiative 2004 and Water Act 2007 (Cth). The implementation of the reforms are also examined at the state level.
The analysis of the Australian water law reform provides a rich source of lessons for New Zealand. The analysis shows that Australian reform was based on firm legal foundations. There was independent oversight of the reform implementation by the National Water Commission. Water allocation information was recorded on a water register which could include information relating to water securities. The actual water allocation was aided by the creation of many water products. Water allocations could be distinguished on the basis of a right to receive water at a site, a delivery right to use water infrastructure, temporary allocations and allocation based on a percentage of the total amount of water available in a catchment. These innovative features of water law and policy ought to be considered as possible features to introduce in New Zealand water law.
There are also cautionary lessons from Australia. More recent reviews of the changes to water law reform, including the disestablishment of the National Water Commission, are critical of the Australian government in undermining the progress that has been made. Allegations of water theft and a lack of compliance monitoring are so serious that there has been a Royal Commission by the South Australian government. There is the potential that the reforms could be undermined significantly if state support falls. The lesson from New Zealand from these points is equally if not more important. It shows that regardless of how much is invested in water law reform, compliance and monitoring of water allocation need to be addressed urgently whenever the issue arises. New Zealand also has allegations of water theft and a lack of compliance with the water metering regulations. A strong compliance culture for measuring water takes is essential to the long-term success of water allocation law reform.

year: 2019

title: Age and growth of longfinned eels (Anguilla dieffenbachii) in pastoral and forested streams in the Waikato River basin, and in two hydro-electric lakes in the North Island, New Zealand

authors: Chisnall, Benjamin L.

subjects: biology

abstract: Growth rates of New Zealand endemic longfinned eels (Anguilla dieffenbachii) from streams in pasture and indigenous forest, and from two hydroelectric lakes (Lakes Karapiro and Matahina), were estimated by otolith examination. Habitat-specific growth was further investigated with measurement of widths of annual bands in otoliths. Longfinned eels 170-1095 mm in length ranged between 4 and 60 years old (N=252). Eels in pastoral streams grew faster (mean annual length increment ±95% CL = 24 ± 3 mm to 36 ± 7 mm) than eels in streams in indigenous forest (annual length increment 12 ± 2 mm to 15 ± 3 mm). Eels from the hydro-electric lakes had growth rates (annual length increments 19 ± 4 and 19 + 7 mm) similar to eels from pastoral streams. Otoliths of most eels showed annual band widths that indicated growth in several different habitats, corresponding to growth during upstream migration, and limited movement among adult habitats. Estimated age at marketable size (220 g) ranged between 7 and 26 years. The particularly slow growth of longfinned eels in streams in indigenous forest has considerable implications for management. The fast growth rates of eels in hydro-electric lakes provides evidence for the potential of increased eel production by stocking. The probable selective production of female eels in these lakes may be nationally important to allow enhancement of breeding stocks.

text: Age and growth of longfinned eels (Anguilla dieffenbachii) in pastoral and forested streams in the Waikato River basin, and in two hydro-electric lakes in the North Island, New Zealand Growth rates of New Zealand endemic longfinned eels (Anguilla dieffenbachii) from streams in pasture and indigenous forest, and from two hydroelectric lakes (Lakes Karapiro and Matahina), were estimated by otolith examination. Habitat-specific growth was further investigated with measurement of widths of annual bands in otoliths. Longfinned eels 170-1095 mm in length ranged between 4 and 60 years old (N=252). Eels in pastoral streams grew faster (mean annual length increment ±95% CL = 24 ± 3 mm to 36 ± 7 mm) than eels in streams in indigenous forest (annual length increment 12 ± 2 mm to 15 ± 3 mm). Eels from the hydro-electric lakes had growth rates (annual length increments 19 ± 4 and 19 + 7 mm) similar to eels from pastoral streams. Otoliths of most eels showed annual band widths that indicated growth in several different habitats, corresponding to growth during upstream migration, and limited movement among adult habitats. Estimated age at marketable size (220 g) ranged between 7 and 26 years. The particularly slow growth of longfinned eels in streams in indigenous forest has considerable implications for management. The fast growth rates of eels in hydro-electric lakes provides evidence for the potential of increased eel production by stocking. The probable selective production of female eels in these lakes may be nationally important to allow enhancement of breeding stocks.

year: 1993

title: Sovereignty and nation-building: The development challenge in Indian country today

authors: Crombie, Winifred

subjects: Native American economic development

abstract: In Sovereignty and Nation-Building: The Development Challenge in Indian Country Today, Cornell and Kalt (1998) argue that economic success, and the reduction of unemployment and welfare dependency, is more likely in the case of American Indian tribes if governance is characterised by five principles. In a number of articles and talks on Maori nation building projects in Aotearoa/New Zealand, reference has recently been made to Cornell and Kalt and to one or more of these five principles. Thus, for example, Dodd, in an article published in the Journal of Maori and Pacific Development in 2000, argues that Iwi governance structures should involve a separation of governance and management and should be consistent with indigenous ideas about the location and exercise of authority (2000, p.7). She refers, in this context, to the work of Cornell and Kalt, and quotes Eade who observes that “it is doubtful that an organisation that itself maintains oppressive social structures can be a reliable vehicle for transforming these in a liberating way, whatever the rhetoric” (Eade 1997, p. 26). More recently in this Journal, Tiakiwai and Bishop (2002, p. 36), note that Cornell and Kalt (1998, p.2) found a “positive correlation between self-determination and successful development as defined by the tribe”, and observe that what they refer to as the ‘decade of Maori development’ provides concrete Maori examples of development theorizing in line with Eade (1997) and the assertions of Cornell and Kalt (1998). The article by Cornell and Kalt which appears to be most often quoted in the context of Maori nation building projects first appeared in 1998. The extent of its current influence in Aotearoa/New Zealand suggests that a careful re-examination of it at this point could prove useful.

text: Sovereignty and nation-building: The development challenge in Indian country today In Sovereignty and Nation-Building: The Development Challenge in Indian Country Today, Cornell and Kalt (1998) argue that economic success, and the reduction of unemployment and welfare dependency, is more likely in the case of American Indian tribes if governance is characterised by five principles. In a number of articles and talks on Maori nation building projects in Aotearoa/New Zealand, reference has recently been made to Cornell and Kalt and to one or more of these five principles. Thus, for example, Dodd, in an article published in the Journal of Maori and Pacific Development in 2000, argues that Iwi governance structures should involve a separation of governance and management and should be consistent with indigenous ideas about the location and exercise of authority (2000, p.7). She refers, in this context, to the work of Cornell and Kalt, and quotes Eade who observes that “it is doubtful that an organisation that itself maintains oppressive social structures can be a reliable vehicle for transforming these in a liberating way, whatever the rhetoric” (Eade 1997, p. 26). More recently in this Journal, Tiakiwai and Bishop (2002, p. 36), note that Cornell and Kalt (1998, p.2) found a “positive correlation between self-determination and successful development as defined by the tribe”, and observe that what they refer to as the ‘decade of Maori development’ provides concrete Maori examples of development theorizing in line with Eade (1997) and the assertions of Cornell and Kalt (1998). The article by Cornell and Kalt which appears to be most often quoted in the context of Maori nation building projects first appeared in 1998. The extent of its current influence in Aotearoa/New Zealand suggests that a careful re-examination of it at this point could prove useful.

year: 2003-02