Wai Manawa Whenua
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.
"for the health of our water, our whenua, and generations to come"
High Court Hearing Update:
Wai Manawa Whenua Appeals High Court Decision on Crown Treaty assurances
Wai Manawa Whenua has lodged an appeal to the Court of Appeal following the recent High Court decision in its freshwater case against the Crown, saying the ruling raises significant constitutional questions about whether assurances given by the Crown to Māori can be legally enforced.
Watch: Court Hearing Update from Wai Manawa Whenua Chairman - Kingi Smiler
The High Court Decision - FAQ's
The Crown’s assurances during the Mixed Ownership Model case only applied to that programme. Those assurances do not legally restrict the Crown in developing freshwater policy now.
The Court considered that the remedies we were seeking would interfere with Parliament’s role in developing policy and passing legislation.
The implications of this decision are significant. The High Court judgment has been disappointing in failing to engage with key aspects of our legal argument, in effectively finding that Crown litigation assurances made to Māori are to be read narrowly, and in ruling that the declarations and protection mechanisms we are seeking are too political.
Stopping now means that this decision will stand as a legal precedent for the future, allowing the Crown to make assurances in litigation that it does not intend to fully uphold, and preventing legal rights from being pursued in the courts where they should be.
Stopping short will also leave critical Treaty issues unresolved and allows the current degradation of waterways, and erosion of Māori rights, to continue unchecked in circumstances where – since the RMA was passed in 1991 – Māori have relied to their detriment on successive governments to honour long-standing Crown commitments to recognise and respect Māori proprietary rights in water bodies.
If the Crown as Treaty partner promises to act for the benefit of Māori, the law should recognise that as a legally enforceable obligation.
From the beginning, it has been clear that this case raises constitutional and Treaty issues that are unlikely to be finally resolved at the High Court level. The Crown’s assurances about Māori rights in freshwater were given at the highest judicial level, the Supreme Court, and there is a good chance the case will ultimately need to be decided by that Court given the nature and significance of the issues that are raised.
Each stage of the court process — High Court, Court of Appeal, and Supreme Court — requires dedicated legal preparation, evidence review, and advocacy. Planning early ensures we are not reacting under pressure and that we can proceed in a measured, strategic way.
Funding will also support strategic communications and engagement activities, including proactive media management, regular updates to coalition members, public information, and the development of social media assets to ensure our case is accurately understood nationally.
The issues this case raises sit in a political and public environment. If we do not clearly communicate the purpose and importance of our claim, others will define it for us.
We estimate approximately $350,000 (GST excl.) will be required for each phase:
• Court of Appeal
• Supreme Court
The matters to be considered by the Court of Appeal and, ultimately, the Supreme Court are legally complex and far-reaching. Clear, consistent and proactive commu
The Governance Group has managed within the budget for Phase One (High Court).
Funds raised to date have been carefully managed and directed toward legal preparation, filing, expert evidence, the High Court hearing and communications.
This case is about more than a single Court judgment. It is about:
• Protecting Māori rights and responsibilities in freshwater, our taonga tuku iho, for all Māori and future generations.
• Holding the Crown to the assurances it has made, and to the Treaty obligations that underpin those commitments.
• Making sure the decisions we secure today continue to protect our water into the future.
Our Case:
"A Call for Urgent Action to Honour Te Tiriti to Restore the Health of Water"
Outcomes Sought:
- Immediate action to halt further decline in the health and wellbeing of water bodies.
- Recognition of Māori tikanga and proprietary rights in water and geothermal resources.
- A fair and durable water allocation system that enables Māori to fulfil their responsibilities as kaitiaki.
Frequently Asked Questions:
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 rightsand interests in water before allocating it to others.
A national coalition of Māori landowners, hapū and iwi from across the motu are standing together to call for change.
Yes, the claim covers both.
Politics and politicians come and go — but our role as kaitiaki is enduring. Our responsibility to protect the health of our waters does not change
For decades, successive governments have promised to address Māori freshwater rights and interests but have failed to take meaningful action. This case responds to those broken promises and calls for accountability.
This isn’t about owning all water. It’s about recognising Māori authority where we have ancestral ties and responsibilities to protect the health of our waters. It’s about shared decision-making and redress for long-standing breaches by the Crown. And it’s about ensuring that Māori have access to the water they need economically, socially and culturally.
No one needs to lose for Maori rights and interests to be honoured. Even the Crown stated in 2012 that “no one would be compromised” by recognising Maori rights. A fair and sustainable system is possible – and urgently needed.
Utuhina
Stream
Wi Pere Trust
Lake Wairarapa
Mohaka River
Te Tiriti o Waitangi
Te Arawa Lakes Trust
Tikanga Māori & Water
Video Testimonials
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Koha/ Donations:
Show your support through making a koha/ donation to help assist the Wai Manawa Whenua – Watercase Litigation.
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Media Releases:
Wai Manawa Whenua Appeals High Court Decision on Crown Treaty assurances
Wai Manawa Whenua has lodged an appeal to the Court of Appeal following the recent High Court decision in its freshwater case against the Crown,
Waitangi media Release “Water is Life: A National Responsibility”
As Aotearoa marks Waitangi Day, we are reminded that Te Tiriti o Waitangi is a founding document of national significance that affirms the rights, protections,
Hearing Date Set for Landmark Maori Freshwater Case
The Wai Manawa Whenua coalition — representing Maori landowners, hapu and iwi collectives, and national organisations including the Federation of Māori Authorities (FOMA), will appear
News & Releases:
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The Spinoff: “Why a Māori collective is arguing for the protection of New Zealand’s water”
NZHerald: “Māori group takes freshwater rights fight to court in landmark case against Crown”
Te Ao News: ‘Kaitiaki are enduring’ Landmark freshwater rights case underway in the High Court
RNZ: “Freshwater allocation system degrading water quality and shutting Māori out, court hears”
RNZ: “Landmark Māori freshwater rights case in court this week.”
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Waatea News: “Kingi Smiler | freshwater rights case to land in the High Court”
RNZ: “Māori landowners take Crown to High court over freshwater rights”
Waatea News: “#Opinion 3 Waters is back but the mainstream media aren’t talking about it.”
Te Arawa Lakes Trust: “Māori landowners file against the government to protect their water rights”