Members of the Wai Manawa Whenua coalition outside the High Court in Wellington. Photo: RNZ/Pokere Paewai
A group of Māori landowners taking the government to court over freshwater rights allege the current system of water allocation is degrading water quality and shutting Māori out.
Wai Manawa Whenua is seeking timely and effective Crown action to halt further decline in water quality and a fair and durable water allocation system.
The case is [https://www.rnz.co.nz/news/national/577593/landmark-maori-freshwater-rights-case-in-court-this-week
set down in the High Court] in Wellington for Monday and Tuesday, the Crown is expected to present its evidence on Tuesday.
Lawyer Matthew Smith KC told the court that a key problem is the "first in, first served" water allocation system.
Federation of Māori Authorities (FOMA) chairperson Traci Houpapa said in many catchments water has either been fully or over allocated, which has led to a degradation in water quality.
"As ahuwhenua, we need water in order to operate our farms, our landholdings. Māori are a significant holder in the primary industries, but more importantly, we're calling on the Crown to recognise our rights as Māori, to create a fair and equitable water allocation system with us, and then also to recognise our role as kaitiaki."
Federation of Māori Authorities chairperson Traci Houpapa Photo: RNZ/Pokere Paewai
Sometimes water isn't available for Māori authorities because its already been allocated to other entities in the region, she said.
"What we're saying is we need to be part of the redistribution of those allocations and to look at a new allocation system."
Wai Manawa Whenua chairperson Kingi Smiler said Māori have been trying to resolve their rights and interests with the Crown very actively for over three decades.
Starting when the Resource Management Act was first being put in place in 1991, then again in 2012 during the policy to partially privatise state-owned enterprises, he said.
Then Deputy Prime Minister Bill English gave assurances that the Crown was committed to recognising and making appropriate provision for Māori rights and interests in water and geothermal resources, he said.
"They gave solemn promises in the Supreme Court and there have always been annually reviews by the Crown with Māori and others as to what the rules should be for allocating water in the country but they continue just to be cynical promises, not meaningful at all and simply empty promises where no action has been taken.
"Until there's action being taken on the first-in-first-served allocation system and that system is changed, then no improvement in water quality will result."
Wai Manawa Whenua chairperson Kingi Smiler Photo: RNZ/Pokere Paewai
Smiler said in his region of Wairarapa the water quality of Lake Wairarapa has degraded dramatically to the point where it is considered super-trophic.
"So this is a very serious situation and for many years as part of treaty settlements we've tried to have the opportunity to have this resolved with the government but there's no clean-up fund that's been put in place that will address the issues that are there."
Houpapa said there have been a number of initiatives between Māori and the government to improve water quality, including Kāhui Wai Māori/the Māori Freshwater Forum and Te Mana o te Wai, but they have only gone so far.
"In our discussions with government, we have been unhappy with the lack of progress and the lack of action. We believed coming to High Court was the course that needed to be taken in order for us to hold the Crown to account.
"What we're doing today is asking the Crown to deliver. This is a matter important for whānau, hapū, for ahuwhenua, our trusts, Māori trusts and corporations, Māori landholding, so that we can be part of the conversations and the design of a fair water allocation system for our whenua and for ahikā."
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