River iwi have welcomed the Environment Court’s final decision on Waikato Regional Council’s Plan Change 1 (PC1), describing it as a major milestone in the long-term restoration of the Waikato and Waipā rivers.
The decision ends almost a decade of hearings, appeals and legal proceedings over a plan designed to improve water quality across the catchment and give effect to Te Ture Whaimana o Te Awa o Waikato, the vision and strategy for the Waikato River.
Ngāti Tūwharetoa, Waikato, Ngāti Maniapoto, Raukawa and Te Arawa say the plan provides a pathway towards restoring the health and wellbeing of the awa for future generations.
The iwi describe the plan as a “foundational framework” that responds to the cumulative impacts of environmental degradation across the catchment and provides a clear pathway towards restoring the health and wellbeing of the awa for present and future generations.
The Court largely upheld the framework developed by Waikato Regional Council despite numerous appeals from farming, industry and other interests over the past decade.
While it directed a number of amendments to improve how the plan operates, the judges concluded PC1 should proceed as the first stage of a long-term programme to restore the health of the Waikato and Waipā rivers.
The collective described the decision as a “significant and long-awaited milestone in the intergenerational restoration and protection of the Waikato and Waipā River catchments.”
“The decision ends a process spanning almost a decade and represents a critical step in giving practical and enforceable effect to Te Ture Whaimana o Te Awa o Waikato, the Vision and Strategy for the Waikato River,” the iwi collective said.
In doing so, the Environment Court reaffirmed Te Ture Whaimana as the primary framework guiding restoration of the Waikato River system.
From vision to implementation
The plan is designed to improve water quality by reducing the contaminants entering waterways from land use activities.
It requires farmers and landowners to better identify and manage environmental risks through Farm Environment Plans and other measures aimed at reducing contaminant losses over time.
In its decision, the Court said the Council’s plan change must make meaningful progress towards restoring the health of the river over the next decade while recognising communities and landowners need time to adapt to significant change.
The judges said achieving the goals of Te Ture Whaimana would require “a large momentum shift” away from business-as-usual practices that have been enabled over the past two decades.
At the same time, the Court cautioned against unrealistic expectations, warning that imposing changes too quickly could undermine implementation and ultimately jeopardise environmental outcomes.
For the iwi collective, however, the decision represents something more fundamental.
“We collectively acknowledge the significance of this moment in relation to PC1 and its implications for the future of Te Awa o Waikato. We remain steadfast in our commitment to Te Ture Whaimana as the primary direction-setting framework for the restoration and protection of the awa,” the collective said.
Waikato-Tainui Te Arataura chair, Tukoroirangi Morgan, said the decision confirms the vision and strategy is far more than a symbolic document.
“The Waikato River Settlement was intended to provide long-term certainty and a durable framework for restoring the health and wellbeing of the river. That expectation remains unchanged,” Morgan said.
Te Ture Whaimana vision and strategy
Developed by the collective iwi with vested interests in the awa and the Crown, and embedded in settlement legislation in 2010, it places the health and wellbeing of the river first and guides environmental decision-making across the catchment.
This recent decision is an affirmation of Treaty settlement arrangements and the role of iwi in environmental governance.
The iwi say PC1 is now recognised as one of the strongest examples of iwi-led, catchment-scale environmental governance in the country, demonstrating the practical effect of Treaty settlement arrangements and the enduring strength of iwi partnership in delivering long-term environmental outcomes.
Te Nehenehenui chair, Peter Douglas, saysManiapoto also wanted to acknowledge those who had spent years advancing iwi interests throughout the PC1 process.
“Their efforts to protect our waterways and uphold the aspirations of Te Ture Whaimana has been instrumental,” Douglas said.
The Court noted the programme is intended to address the cumulative impacts of environmental degradation across the catchment and records evidence that some waterways are already experiencing visible declines in water quality.
Raukawa Charitable Trust chair, Kataraina Hodge, said the decision also reflected the efforts of communities, farmers, growers, environmental groups and councils who had spent years working through complex issues.
“This decision reflects the time, resources, sustained effort and hard work of farmers, growers, primary sector organisations, environmental groups, councils and our catchment communities over the past 15 years.
“We’ve all worked together over this time to shape the first step on the journey to restore and protect our awa,” Hodge said.
She added, while the ruling provided a pathway forward, implementation would not be straightforward.
“This is not going to be an easy transition, but my hope is the good will and relationships built over this time will translate into the successful implementation of PC1.”
For many involved, the lengthy legal process has also underscored the cost of delay.
Te Arawa River Iwi Trust chair, Evelyn Forrest, said no one anticipated the process would take more than a decade to conclude.
“The prolonged litigation process has delayed the full implementation of protections that were intended to give effect to Te Ture Whaimana.
“While we welcome the Court’s decision, we cannot ignore the reality that the health of the Waikato River has continued to be impacted while these matters remained unresolved,” Forrest said.
Tūwharetoa Māori Trust Board chair, John Bishara, said the decision reinforced the importance of viewing the Waikato River system as a connected whole.
“The wellbeing of Taupō Moana and the Waikato Awa are inseparable, reinforcing the importance of a connected catchment-wide approach to restoration, protection, and long-term environmental stewardship across the entire river system,” Bishara said.
Court affirms Te Ture Whaimana as concerns grow over new legislation
While these iwi are celebrating the outcome, leaders say the decision also highlights questions about the future of Te Ture Whaimana under the Governments’ Resource Management Act reforms.
The ruling also arrives as the Government reshapes New Zealand’s environmental laws and reviews the place of Treaty obligations across legislation.
In that context, the Court’s repeated emphasis on Te Ture Whaimana as the primary framework guiding restoration of the Waikato River is likely to be seen by many as a significant reaffirmation of the role Treaty settlement arrangements continue to play in environmental governance.
Forrest said the ruling demonstrates the strength of Te Ture Whaimana, but warned that recognition of the vision and strategy is not guaranteed under the Government’s proposed Natural Environment and Planning Bills.
“This decision demonstrates the strength of Te Ture Whaimana as a framework for restoring and protecting the health of the Waikato and Waipā Rivers.
“It is therefore disappointing that the Government’s current Bills do not afford Te Ture Whaimana the same level of recognition and protection that Parliament intended in 2010, the Courts have upheld in the PC1 decision and what exists in our settlements,” she said.
These iwi say the decision is not the conclusion of the restoration journey, but an important foundation step in an intergenerational pathway of change.
With the Court process now largely complete, attention will turn to implementing PC1, including Farm Environment Plans and other measures aimed at reducing contaminant losses and improving water quality across the Waikato and Waipā catchments.
