Ngai Tahu files claim over freshwater
CHRISTCHURCH: Ngai Tahu has lodged legal action in the High Court at Christchurch seeking a declaration that the tribe has rangatiratanga over all rivers and lakes in its area — virtually the entire South Island.
A statement of claim was lodged in the court on Friday and the Crown was served with papers yesterday afternoon, not long after Prime Minister Jacinda Ardern announced her secondterm Cabinet with more Maori ministers than any other.
The aim of the action is to try to speed up the Government's engagement with Maori over management of freshwater.
Te Runanga o NgaiTahu kaiwhakahaere Lisa Tumahai said the statement of claim was to address the ongoing degradation of rivers and lakes caused by environmental mismanagement.
‘‘For generations we were excluded from our place as kaitiaki, guided by centuries of wisdom and knowledge handed down by our tupuna, in protecting the health and quality of the wai [water].
‘‘For too long, governments have talked about addressing these issues but have made piecemeal progress.
‘‘That is not enough. Now is the time to act,’’ Ms Tumahai said.
‘‘We have tried to engage with the Crown on these issues without success.
‘‘We agree with the Waitangi Tribunal in its freshwater inquiry stage 2 report last year that progress on the recognition of our rights, responsibilities and obligations to freshwater in our takiwa [area] now requires a test case in the courts.’’
The case is being brought by 15 senior Ngai Tahu leaders from across the takiwa, including Sir Tipene O'Regan, and Te Runanga o Ngai Tahu,
Ms Tumahai said Ngai Tahu viewed the action as a matter of public good.
‘‘We want to work together with all South Islanders to find solutions.
‘‘The pollution affects us all. ‘‘We have a generation of New Zealanders who have not been able to swim in our rivers.’’
Ngai Tuahuriri head Dr Te Maire Tau said successive governments had mismanaged freshwater.
‘‘The results are evident in the condition of rivers, lakes and streams throughout Canterbury, Otago and Southland.’’
Ngai Tahu was seeking to compel the Crown to address these issues in partnership with the iwi, he said.
Rangatiratanga over water meant Ngai Tahu had rights, responsibilities and obligations relating to the freshwater in its area, including doing what it could to stop the degradation of waterways and the environment.
‘‘This is also a matter of tribal survival — our Ngai Tahu practice of mahinga kai [gathering food] is dependent on healthy waterways,’’ Dr Tau said.
‘‘The current law is first in, first served, leading to severe overallocation.
‘‘It comes from a perspective of water as a resource to be extracted, often well beyond users' needs.
‘‘It does not put the science, or the health of the waterways on which our own health depends first.’’
Environment Minister David Parker would not comment on Ngai Tahu's legal action other than to say: ‘‘We intend to advance water allocation issues in this term of government.’’
❛ For too long, governments have talked about addressing these issues but have made piecemeal progress. That is not enough. Now is the time to act
Lisa Tumahai