Wai Manawa Whenua represents a collective of Māori landowners, hapū, and iwi who have brought a legal case to the High Court of New Zealand to hold the Crown accountable for failing to honour Te Tiriti o Waitangi and uphold Māori rights and responsibilities over freshwater. The case calls for urgent action to protect and restore our waterways, recognise Māori tikanga and proprietary rights, and establish a fair, enduring water allocation system for all.
"A Call for Urgent Action to Honour Te Tiriti to Restore the Health of Water"
This legal challenge comes after over a decade of broken promises and Crown inaction, despite clear obligations under Articles 1 and 2 of Te Tiriti o Waitangi, repeated Tribunal findings affirming Māori proprietary rights and repeated court findings affirming 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, even as both water quality deteriorates and water quantity diminishes across the country.
Despite a 2012 Crown assurance — led by then Deputy Prime Minister Bill English — that the Crown was committed to recognising and making appropriate provision for Māori rights and interests in water and geothermal resources , and the Supreme Court’s endorsement of the Tribunal’s ruling that the Crown must urgently address long-standing Māori proprietary rights in water, little has changed.
This case challenges the Crown’s ongoing failure to uphold its Tiriti o Waitangi obligations to protect Māori rights and interests in freshwater. It seeks a Court declaration that the Crown has not honoured past assurances and must act to protect Māori proprietary rights in water before allocating it to others.
Māori groups representing landowners, hapu and iwi filed proceedings in the High Court on the 26 June, against the Crown, citing its repeated failure to