A coalition representing several iwi, hapū and Māori landowner collectives are in the High Court in Wellington today “to hold the Crown accountable for long-standing failures to uphold Māori rights and responsibilities over freshwater,” they say.
The case is calling for urgent Crown action to protect and restore waterways, recognise tikanga Māori and proprietary rights, and to establish a fair, enduring water allocation system that enables Māori to fulfil their role as kaitiaki.
The Wai Manawa Whenua coalition also includes national organisations such as the Federation of Māori Authorities (FOMA).
They are seeking outcomes including:
- Immediate and effective Crown action to halt further decline in the health and well-being of water bodies;
- Safeguards to ensure recognition of Māori tikanga and proprietary rights in water and geothermal resources; and
- A fair and durable allocation system that respects Māori kaitiakitanga and ensures equitable access to freshwater.
“Tō tātou mana ka ahu mai nō te wai.”
Te Arawa Lakes Trust general manager Tame Malcolm says the case is about reaffirming mana and kaitiakitanga grounded in te Tiriti o Waitangi.
“Kua tae mai nei ki te whawhai, ki te kawea mai ngā nawe ki mua i te kōti nei kia whakamōhio atu ki te kāwanatanga, wā rātou mahi e motu, e tāmi nei i tō tātou hononga ki te wai, nō te wai, e hē, nō reira anei mātou e tū pakari ana,” Malcolm said.
“Tō tātou mana ka ahu mai nō te wai, i whakatoka ki roto i te Tiriti o Waitangi. Nā konā, i whakamōhio atu ki te Kāwanatanga, ki te Karauna, kei reira te mana o te wai, nō te wai. Nō te hainatanga o te Tiriti kua kaha tāmi ana te kāwanatanga i tērā mana, ā, i ēnei tau tata nei kua tino kite i a rātou e pōhēhē ana kei a rātou kē te mana whakahaere, kei a rātou kē te mana o te wai. Nō reira, anei mātou e kī ana, e kāo.”
The legal challenge is responding to decades of what they call ‘broken promises’, including the Crown’s 2012 assurances to the Supreme Court, and the continuation of “first-in, first-served” water allocation practices that ignore Māori authority and kaitiaki responsibilities.
The applicants say despite those assurances in 2012, led by then Deputy Prime Minister Bill English, the Crown was committed to recognising and making appropriate provisions for Māori rights and interests in water and geothermal resources, but they say that has not been upheld.
Calls for urgent action and fair allocation
Federation of Māori Authorities chair Traci Houpapa says the Crown must act now and work with Māori to design a fair and equitable water-allocation system.
“We’re calling on the Crown and Government to take action now,” she said.
“We want them to recognise our rights and to design, alongside us, a fair system that upholds Māori as ahi kā, landowners, whānau, hapū and iwi, and as kaitiaki.”
Houpapa says the current system is failing both people and the environment.
“Right now, we’re living in a water-allocation system that’s over-allocated by up to a thousand percent in some catchments. It’s degrading our wai, people can’t swim, farms can’t operate, and that has to stop. The Crown and Māori are best placed to fix it together.”
She says cooperation is key to restoring the health of waterways for everyone.
“Freshwater management is complex, but the Crown and Māori can work together to do better. The health of our wai depends on it, good drinking water, good swimming water, and access for all New Zealanders.”
Te Arawa Lakes Trust chair Wally Haumaha says the hearing is an opportunity to reset how the Crown and Māori work together on protecting the country’s waterways.
“Over the years, many have tried to open up those discussions and if you are not getting anywhere and you see cycles of government... Then, I guess, where do you take it to? You take it to the High Court and put the case forward, and that draws all parties together to have that debate, have that conversation and come out with a solution.” He said.
“For us as iwi Māori, this is about our rights and interests, but also our ancestral connections, ko te awa ko au, ko au ko te awa. It’s who we are.”
Haumaha says it is not about exclusion but protection.
“Governments come and go, but kaitiakitanga remains. People shouldn’t be afraid of kaupapa Māori; our rights and interests have been there from day one. We’re not trying to stop anyone from enjoying our lakes; we’re trying to protect them from pollution and decline, for everyone.”
“The message from us is simple: how do we get back in the room and work together to get this right? It’s about doing the right thing.”
The case, presided over by Justice Grice, is set down for two days, with the Crown expected to respond on Tuesday.
A reserved decision will follow.
