Māori Coalition Challenges Crown on Freshwater Rights in Court

A significant legal challenge concerning Māori freshwater rights is set to unfold at the High Court in Wellington on November 3 and 4. The coalition known as Wai Manawa Whenua, which includes Māori landowners, hapū, iwi collectives, and national organizations such as the Federation of Māori Authorities (FOMA), is urging the Crown to take immediate action to restore the health of freshwater resources in New Zealand.

The coalition’s legal argument stems from what they describe as decades of unfulfilled promises and “Crown inaction” that have disregarded Māori authority and their traditional responsibilities as kaitiaki, or guardians, of the environment. Wai Manawa Whenua Chairman Kingi Smiler emphasized that the case is not about claiming ownership of all water resources. Instead, it seeks to affirm Māori authority linked to ancestral ties and responsibilities in maintaining water quality.

“This is about recognizing Māori authority where we have ancestral ties and responsibilities to keep water healthy,” Smiler stated. He added that the aim is to ensure that Māori rights are respected and protected in decisions regarding the use and safeguarding of these vital water sources.

The coalition’s objectives extend beyond legal recognition; they aim to foster a collaborative approach towards managing freshwater in New Zealand. Wallace Haumaha, Chairman of the Te Arawa Lakes Trust, highlighted the importance of Māori as kaitiaki. “This case is about protecting the life of our waters for future generations,” he remarked. “It benefits everyone in Aotearoa.”

Wai Manawa Whenua hopes that the outcome of this case will lead to a greater acknowledgment of Māori rights and responsibilities in water management, paving the way for sustainable practices that benefit all New Zealanders. The coalition’s actions reflect a broader movement towards environmental justice and the need for inclusive governance in resource management.

As the court date approaches, many are watching closely, anticipating a ruling that could set a precedent for the rights of indigenous peoples in relation to natural resource management. The implications of this case may extend far beyond the courtroom, influencing future policies and practices surrounding freshwater resources in New Zealand and beyond.