After years of negotiations, Whatitiri Māori Reserves Trust and Whangārei District Council (WDC) have made a historic first by agreeing to share part of the Council’s raw water allocation from Waipao Stream, the Porotī Springs.
The formal agreement was approved unanimously by Trust board members, Council staff, and elected members at the August Council meeting and has now been signed by both parties.
Millan Ruka from Te Uriroroi and Te Māhurehure says, “It is a historic occasion for us.”
“Very emotional that there is a 100% vote for the going ahead of our Agreement in Principle to share Porotī Springs water.
“We are on the road to economic benefit, with having a share of our water, that was important to us. But first of all, it’s always been about the sustainability of the water, Porotī Springs.”
As part of the deal, the Porotī water treatment plant will undergo a $45 million upgrade, enabling water from the Wairua River to be processed and providing greater supply security for the city during droughts.
The Trust is part of the project team and will contribute to assessments of the environmental and cultural impacts associated with the upgrade.
How the new agreement works
Under the agreement, the Trust has first rights to 2,000m³ of the Council’s daily allocation of 15,500m³.
They can also access a further 3,000m³ if the Council does not use it. Water allocations in the region are managed by Northland Regional Council, which determines how much may be taken from rivers and aquifers.
Until now, all water from Porotī Springs was allocated to WDC for Whangārei’s urban supply, around 30 percent of the city’s daily demand, and to the Maungatapere Water Company for irrigation.
Hapū who had protected the springs for generations were left with no rights to use the water.
The Trust initially requested that Council share part of its allocation, but the proposal was declined. Continued negotiations led to the creation of a joint working party in 2024, which has now produced an agreement giving the Trust a recognised role in water use and management at Poroti.
Significance of the iwi relationship
Porotī Springs are a taonga for Te Uriroroi, Te Parawhau, and Te Māhurehure hapū, represented by the Whatitiri Māori Reserves Trust.
The puna have been a source of fresh water, cultural identity, and spiritual connection for generations.
The new arrangement marks the first time the hapū have been formally recognised in decisions about the use of their own springs.
Whangārei Mayor Vince Cocurullo says, “From my understanding, it’s more about being able to work together, so we all want the right thing, and it’s about making sure that our hapū want the same as what council does.
“It’s not about a power struggle, it’s about, at the end of the day, what are we here for? It’s about he tangata he tangata he tangata, it’s about, we’re here for the people.”
Ruka says, “It paves the way, I think, that it is possible to achieve agreements as such. We thank the Whangārei District Council for their bravery to consider because many of them were against the principle of sharing our water.”
Attempts for the return of the springs
For decades, the Trust has sought to reclaim a role in managing the springs. They challenged resource consents, brought a claim to the Waitangi Tribunal, and opposed large-scale water bottling proposals.
In 2018, the Crown purchased land and water rights from Zodiac Holdings for Treaty settlement purposes, but the hapū were still left without legal rights to access the water itself.
The 2023 court ruling
In 2023, the High Court confirmed that the Māori Land Court has no jurisdiction to determine customary ownership of freshwater under Te Ture Whenua Māori Act 1993.
The ruling made clear that while Māori claims to freshwater may be considered through Treaty settlement or political processes, the current law does not provide for ownership findings or compensation through the courts.
The decision was viewed as a major obstacle for the Trust’s longstanding efforts to have its relationship with Porotī Springs formally recognised.
