Legal fight looms in Wairoa over freshwater rights

Tātau Tātau o Te Wairoa Trust has begun legal proceedings in the High Court over freshwater rights in Wairoa.

The trust is requesting a legal declaration that the beds of significant rivers and lakes in their area – such as the Wairoa River, Hangaroa River, Mangapoike River, Ruakituri River, Waiau River, Waikaretāheke River, Whakakī Lake and its surrounding tributaries, as well as Lake Waikaremoana – are held subject to customary title.

The move follows the same framework as Ngāi Tahu’s 2020 statement of claim seeking recognition of its rangatiratanga over the freshwater resources in its rohe (area).

The Ngāi Tahu claim began to be heard in the High Court in Christchurch on February 10, almost six years after the Waitangi Tribunal’s recommendation in 2019 to bring a test case on iwi rights to freshwater.

It argued the ownership of freshwater was an unresolved issue in New Zealand. British common law said no one owned freshwater, a position taken by the Government. Currently, central and local Government acted as de-facto managers of freshwater.

Chairman of Tātau Tātau o Te Wairoa – the post-settlement entity for the iwi and hapū of Te Rohe o Te Wairoa – Leon Symes said it was seeking formal recognition of iwi and hapū rights and responsibilities over freshwater within Wairoa.

"There’s been a lot of hard work gone into this over the past five years following a hui with Ngāi Tahu in Wairoa," Symes said.

"The legal action follows extensive consultation with our iwi and hapū, ensuring that the rights and interests of our people in relation to freshwater are both upheld and protected."

Symes said the claim was not about ownership — but partnership.

"It’s about resetting the framework. What’s been happening with our water is not working.

"We share with Ngāi Tahu the belief that rangatiratanga over freshwater includes the responsibility to work alongside the Government to ensure the long-term sustainability of our rivers, lakes, and groundwater," Symes said.

"We need to change the principle behind it and try to work together."

Te Wairoa, where most of the population was Māori (65% according to the 2023 census), remained one of the least wealthy regions in New Zealand.

"As a result, the iwi and hapū of Te Wairoa rely heavily on local waterways for resources such as fish and plants, gathered in accordance with the tikanga established by their ancestors," Symes said.

"The reality for our people in Te Wairoa is that the health of our freshwater systems directly impacts our quality of life. Our people have relied on these resources for centuries, and the degradation of these waterways is both an environmental and cultural crisis.

"The settlement we received from the Crown acknowledges the past wrongs, but it also highlighted the ongoing challenges we face, particularly regarding the state of our freshwater.

"This is about ensuring the future of our rivers, lakes, and communities – our people rely on these taonga for food, cultural practices, and sustenance."

He said the trust’s legal action, which would officially open on March 12 at the High Court, was not only about defending local interests but also about calling for the recognition of iwi and hapū across Aotearoa New Zealand in the governance and management of their ancestral freshwater resources.

"While Tātau Tātau o Te Wairoa is focused on securing our own rights, we fully support Ngāi Tahu’s claim, which seeks to protect the future of South Island waterways for all New Zealanders," Symes said.

The trust was established in 2018, its mahi was to receive, administer and distribute the Treaty of Waitangi Settlement reached with the Crown.

This settlement was intended to address "historical" Treaty claims, with the Crown providing redress in the form of cultural, financial, and commercial compensation, alongside an official apology and recognition.

By Linda Hall, Local Democracy Reporter

LDR is local body journalism co-funded by RNZ and NZ On Air.