Wai Manawa Whenua

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.

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"for the health of our water, our whenua, and generations to come"

Our Case:

"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.
Our Sought Outcomes
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FAQ's
Wai Manawa Whenua (1)
Watercase Litigation (9)
Watercase Litigation (11)
Watercase Litigation (12)

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.
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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.

A judicial declaration that the Crown has failed to honour its 2012 assurances, accompanied by an order requiring the establishment of a system to protect Māori rights and interests prior to any further water allocations, with the potential for a Court-supervised compliance regime modelled on the Lands Case.

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

Healthy waterways are vital for all living in Aotearoa — for drinking water, swimming, food gathering, farming, and cultural practices. When Māori rights and responsibilities as kaitiaki are respected, it benefits the entire country through sustainable, community-led water care.

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.

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Table of Contents hide
1. Wai Manawa Whenua
2. "for the health of our water, our whenua, and generations to come"
3. Our Case:
4. "A Call for Urgent Action to Honour Te Tiriti to Restore the Health of Water"
5. Outcomes Sought:
6. Frequently Asked Questions:
7. Get Involved:
8. Follow us on Social Media
9. Share your story
10. Social Media Graphics:
11. Video Downloads
12. Media Releases:
12.1. Call for Urgent Action to Honour Te Tiriti to Restore the Health of Water
13. News & Releases: