The Watercase Litigation

The Watercase Litigation is a NZ legal case that has been taken to the High Court by Māori landowners, hapū and iwi to hold the Crown accountable for failing to honour Te Tiriti o Waitangi and uphold Māori rights and responsibilities over freshwater. It calls for urgent action to protect and restore our waterways, recognise Māori tikanga and proprietary rights, and create a fair, lasting water allocation system for all.”

"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 Stories:

Sought Outcomes:

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:

What is this case about?

Who is involved in this case?

A national coalition of Māori groups, landowners, and hapū from across the motu are standing together to call for change.

What will happen if the case succeeds?

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.

Will this claim cover both freshwater and geothermal water?

Yes, the claim covers both.

Does this case seek to determine ownership of water?

No. The case seeks a declaration that Māori have proprietary rights in freshwater and that the Crown must protect those rights before allocating further water rights. Ownership claims must be brought locally for specific water bodies.

Why are Māori rights in water important for everyone?

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.

Why is this case being brought now?

For over a decade, successive governments have promised to address Māori freshwater rights but have failed to take meaningful action. This case responds to those broken promises and calls for accountability.