The claimants argue this legal challenge follows more than a decade of "broken promises" and "Crown inaction". Photo: RNZ / Rebekah Parsons-King
Māori groups are calling on the Crown to urgently honour Te Tiriti o Waitangi and take action to restore the health of freshwater across Aotearoa.
On 26 June, 32 Māori Land Trusts representing more than 150,000 landowners, hapū and iwi filed proceedings in the High Court. The number of claimant groups have since grown to around 60 Māori Land Trusts, along with several iwi and hapū from across the North Island.
The case cites what the group describes as the Crown's "repeated failure to uphold the tikanga-based and Tiriti-guaranteed rights, interests and responsibilities of Māori in relation to freshwater".
The claimants are seeking:
- Immediate action to stop further degradation of water bodies
- Recognition of tikanga Māori and proprietary rights in water and geothermal resources
- A fair and durable water allocation system that enables Māori to exercise kaitiakitanga
The claimants argue this legal challenge follows more than a decade of "broken promises" and "Crown inaction", despite obligations under Articles 1 and 2 of Te Tiriti o Waitangi, and repeated Tribunal and court findings affirming Māori proprietary and kaitiaki rights.
"Successive governments have refused to establish a fair and durable water allocation system that enables Māori to exercise their rangatiratanga rights and their role as kaitiaki," the claimaints said.
"Even as both water quality deteriorates, and water quantity diminishes across the country."
In 2012, then Deputy Prime Minister Bill English acknowledged Māori rights and interests in freshwater and geothermal resources in an affidavit to the High Court.
That position was recorded by the Supreme Court in 2013, alongside the Crown's assurance that it would develop mechanisms for recognising these interests.
Claimants say little has changed.
"The Crown continues to allocate water on a "first-in, first-served" basis, ignoring the deep spiritual, cultural, and practical responsibilities of Māori as kaitiaki, and depriving Māori landowners and communities of the water rights they need to thrive."
Kingi Smiler, Wairarapa Moana ki Pouākani chair, says the dismantling of Te Mana o Te Wai and changes to the Resource Management Act will have a detrimental effect on New Zealands waterways. Photo: John Cowpland / alphapix
Kingi Smiler, Wairarapa Moana ki Pouākani chairperson, speaking on behalf of the claimant group, said under the Crown's watch their waterways have become "degraded, over-allocated and increasingly vulnerable".
"This is about restoring balance. It's about acknowledging that Māori have never relinquished our relationship with water. We are doing what we've always done: standing up for the health of our water, our whenua, and generations to come," Smiler said.
"There were specific guarantees and assurances the Crown gave back in 2012. They haven't honoured those. So Māori are saying, we need to act now - before our rights are diminished even further."
The timing of the claim follows the government's move to restructure the Resource Management Act (RMA) and roll back Te Mana o te Wai, a water protection framework that prioritised the health and well-being of water bodies and freshwater ecosystems above all other uses of water.
"The dismantling of Te Mana o te Wai and the hierarchy of obligations that come under it is a reason for concern about the health of the waterways," Smiler told RNZ.
Smiler said degradation continues across many rohe, and it was extremely concerning.
"There's clear knowledge that there continues to be degradation of our waterways - generally speaking - and some catchments are worse than others. And at the moment, there's certainly not enough action being taken."
"We are concerned that with the dismantling of Te Mana o te Wai, that could accelerate degradation further."
The claimants also point to the failure of the current allocation system to deliver equity.
"There is still no proper recognition of Māori proprietary rights, even though they've been acknowledged by the Waitangi Tribunal," Smiler said.
"This is not about Māori trying to own the water. It's about resolving the obligations and being inclusive so that we can all participate in the process."
Smiler said there are rights guaranteed under Te Tiriti o Waitangi.
"And it needs to acknowledge those kaitiakitanga and tikanga Treaty rights we have for the control and use of water, with everybody else."
Smiler said, at the moment, they were not part of that system.
"And in some catchments, our people have been locked out and don't have the opportunity to develop their whenua, even though they've been kaitiaki and had continuous ownership of their lands since 1840."
Kingi Smiler says this case is about achieving healthy waterways for all of Aotearoa. Photo: Alphapix Photography
Smiler (Ngāti Kahungunu ki Wairarapa, Te Ati Awa, Te Aitanga-a-Māhaki, Rongowhakaata) is a respected Māori agribusiness leader.
He founded Miraka, the first Māori-owned dairy company, and was inducted into the NZ Business Hall of Fame in 2023. His incorporation (Wairarapa Moana ki Pouākani Incorporation) also won the 2024 Ahuwhenua Trophy for the top Māori dairy farm.
He encouraged wider public awareness and support for the kaupapa and said the health of Aotearoa's waterways affects everyone - the time to act is now.
"For the whole community's sake, it's about ensuring we have healthy waterways for all of us, and that there's a fair system and a fair sharing in the development and use of those waters."
The legal process is now underway, with the case filed in the High Court. It is expected to pass through the Court of Appeal and potentially the Supreme Court - a process that could take two to three years.
Despite the complexity and length of the court process, Smiler said the level of unity has been overwhelming.
"There's a recognition by people now that this needs to be done. Otherwise, it will continue to be invisiblised and diminished over time."
"It's a long road, but we're committed," he said.
Photo: RNZ / Samuel Rillstone
RNZ approached the government for comment, in response, National MP Chris Bishop, the Minister responsible for RMA Reform said: "I am aware of proceedings brought by a group of individuals and the Pouakani Claims Trust against the Attorney-General. The proceedings were filed on Thursday 26 June."
"As this is a matter before the courts, I do not make any comments."
