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RNZ News
01-07-2025
- Politics
- RNZ News
Māori landowners take Crown to High court over freshwater rights
The claimants argue this legal challenge follows more than a decade of "broken promises" and "Crown inaction". Photo: RNZ / Rebekah Parsons-King Māori groups are calling on the Crown to urgently honour Te Tiriti o Waitangi and take action to restore the health of freshwater across Aotearoa. On 26 June, 32 Māori Land Trusts representing more than 150,000 landowners, hapū and iwi filed proceedings in the High Court. The number of claimant groups have since grown to around 60 Māori Land Trusts, along with several iwi and hapū from across the North Island. The case cites what the group describes as the Crown's "repeated failure to uphold the tikanga-based and Tiriti-guaranteed rights, interests and responsibilities of Māori in relation to freshwater". The claimants are seeking: The claimants argue this legal challenge follows more than a decade of "broken promises" and "Crown inaction", despite obligations under Articles 1 and 2 of Te Tiriti o Waitangi, and repeated Tribunal and court findings affirming Māori proprietary and 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," the claimaints said. "Even as both water quality deteriorates, and water quantity diminishes across the country." In 2012, then Deputy Prime Minister Bill English acknowledged Māori rights and interests in freshwater and geothermal resources in an affidavit to the High Court. That position was recorded by the Supreme Court in 2013, alongside the Crown's assurance that it would develop mechanisms for recognising these interests. Claimants say little has changed. "The Crown continues to allocate water on a "first-in, first-served" basis, ignoring the deep spiritual, cultural, and practical responsibilities of Māori as kaitiaki, and depriving Māori landowners and communities of the water rights they need to thrive." Kingi Smiler, Wairarapa Moana ki Pouākani chair, says the dismantling of Te Mana o Te Wai and changes to the Resource Management Act will have a detrimental effect on New Zealands waterways. Photo: John Cowpland / alphapix Kingi Smiler, Wairarapa Moana ki Pouākani chairperson, speaking on behalf of the claimant group, said under the Crown's watch their waterways have become "degraded, over-allocated and increasingly vulnerable". "This is about restoring balance. It's about acknowledging that Māori have never relinquished our relationship with water. We are doing what we've always done: standing up for the health of our water, our whenua, and generations to come," Smiler said. "There were specific guarantees and assurances the Crown gave back in 2012. They haven't honoured those. So Māori are saying, we need to act now - before our rights are diminished even further." The timing of the claim follows the government's move to restructure the Resource Management Act (RMA) and roll back Te Mana o te Wai, a water protection framework that prioritised the health and well-being of water bodies and freshwater ecosystems above all other uses of water. "The dismantling of Te Mana o te Wai and the hierarchy of obligations that come under it is a reason for concern about the health of the waterways," Smiler told RNZ. Smiler said degradation continues across many rohe, and it was extremely concerning. "There's clear knowledge that there continues to be degradation of our waterways - generally speaking - and some catchments are worse than others. And at the moment, there's certainly not enough action being taken." "We are concerned that with the dismantling of Te Mana o te Wai, that could accelerate degradation further." The claimants also point to the failure of the current allocation system to deliver equity. "There is still no proper recognition of Māori proprietary rights, even though they've been acknowledged by the Waitangi Tribunal," Smiler said. "This is not about Māori trying to own the water. It's about resolving the obligations and being inclusive so that we can all participate in the process." Smiler said there are rights guaranteed under Te Tiriti o Waitangi. "And it needs to acknowledge those kaitiakitanga and tikanga Treaty rights we have for the control and use of water, with everybody else." Smiler said, at the moment, they were not part of that system. "And in some catchments, our people have been locked out and don't have the opportunity to develop their whenua, even though they've been kaitiaki and had continuous ownership of their lands since 1840." Chairperson Ahuwhenua Committee Kingi Smiler. Photo: Smiler (Ngāti Kahungunu ki Wairarapa, Te Ati Awa, Te Aitanga-a-Māhaki, Rongowhakaata) is a respected Māori agribusiness leader. He founded Miraka, the first Māori-owned dairy company, and was inducted into the NZ Business Hall of Fame in 2023. His incorporation (Wairarapa Moana ki Pouākani Incorporation) also won the 2024 Ahuwhenua Trophy for the top Māori dairy farm. He encouraged wider public awareness and support for the kaupapa and said the health of Aotearoa's waterways affects everyone - the time to act is now. "For the whole community's sake, it's about ensuring we have healthy waterways for all of us, and that there's a fair system and a fair sharing in the development and use of those waters." The legal process is now underway, with the case filed in the High Court. It is expected to pass through the Court of Appeal and potentially the Supreme Court - a process that could take two to three years. Despite the complexity and length of the court process, Smiler said the level of unity has been overwhelming. "There's a recognition by people now that this needs to be done. Otherwise, it will continue to be invisiblised and diminished over time." "It's a long road, but we're committed," he said. Photo: RNZ / Samuel Rillstone RNZ approached the government for comment, in response, National MP Chris Bishop, the Minister responsible for RMA Reform said: "I am aware of proceedings brought by a group of individuals and the Pouakani Claims Trust against the Attorney-General. The proceedings were filed on Thursday 26 June." "As this is a matter before the courts, I do not make any comments."
RNZ News
15-06-2025
- Business
- RNZ News
Construction of Wharf 3 at Whanganui Port to begin
Photo: Supplied Construction is set to begin this month on the urgent renewal of Wharf 3 at Whanganui Port. Replacement of the wharf is a significant milestone for Te Pūwaha - the $87.35 million Whanganui Port revitalisation project. The work was scheduled to be complete in April 2026, and includes the demolition the existing Wharf 3, a complete rebuild and stabilisation of the riverbank protect the long-term health and wellbeing of the Whanganui River. Disruption to recreational boat operators was expected with the Wharf Street boat ramp being closed from time to time to accommodate cranes working on the water's edge. Te Pūwaha project director Hayden Turoa said the deterioration of Wharf 3 and the land behind it had lead to ongoing erosion which had accelerated during the construction of the new mobile boat hoist lifting bay and hardstand area at the end of Tod Street. Left unaddressed, the erosion posed a growing risk of long-buried industrial contaminants entering the awa, he said. Turoa said in alignment with Tupua te Kawa - the intrinsic values of the Whanganui River as Te Awa Tupua, a living and indivisible whole - project partners had prioritised the restoration and stabilisation of this critical section of the port, under ongoing leadership and guidance of hapū. "As a project group, our commitment is to honour Tupua te Kawa in every decision we make. "The urgent works at Wharf 3 are not just about infrastructure, they are also about upholding our shared responsibility to the awa and ensuring the whenua and wai are protected for future generations." The works would include the demolition of the existing Wharf 3 structure, followed by installation of new sheet piling and a rock revetment to secure the riverbank. A new reinforced concrete wharf structure would then be constructed to support future port operations. Whanganui Port general manager said a plan was being put together to prevent disruption to boaties. "We are working with Coastguard Whanganui and the Whanganui Manawatū Sea Fishing Club to communicate updates. Plus we will have staff onsite to speak directly with boat operators and provide guidance." Turoa said Te Pūwaha was a community-led initiative to revitalise the Whanganui Port and surrounding area, and as the first project to operate under the Te Awa Tupua framework, hapū had a leadership role and were working alongside the community and project partners: Whanganui District Council, Whanganui Port, Horizons Regional Council, Q-West Boat Builders, the Port Employment Precinct and central government. This approach would ensure a more successful, integrated and mindful approach to conducting the necessary work, he said. "The completion of Te Pūwaha will create a platform for unlocking further investment in the port and Whanganui. "We will see a modern marine precinct and community asset for the next 50 years, one in which Whanganui is retaining and creating high value jobs in the marine, engineering and coastal freight sector." Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
14-05-2025
- Politics
- RNZ News
Mayor supports hapū in fight against fast-tracked marina proposal.
More than 30 people from the eastern Bay of Islands appealed to the Far North District Council for support in their battle against a fast-tracked consent for a marina at Waipiro Bay. Photo: RNZ/Peter de Graaf Far North Mayor Moko Tepania has thrown his support behind hapū fighting a fast-tracked marina proposal, by calling for the project to be opened up to public consultation. More than 30 people from the eastern Bay of Islands turned out at a Far North District Council meeting last week, urging councillors to oppose plans for a 250-berth marina at isolated Waipiro Bay - even though the council will not have a say if it goes through the fast-track consenting process. Kaikōrero [speakers] for the affected hapū said the fast-track process deprived local communities of their voice, so they were turning to the council so their concerns could at least he heard. The concept plan for the 250-berth Waipiro Bay marina. Photo: Supplied Councillors did not pass a formal resolution - Tepania said the short timeframe made that impossible - but the mayor did pledge to write a personal letter opposing the use of fast-track legislation for the marina proposal. He also invited any councillors who shared his concerns to sign the letter. Tepania told RNZ he believed the proposal should go through the normal RMA (Resource Management Act) process. "As a council we formally opposed the fast-tracking legislation because we had significant concerns about how it would affect our partnership with iwi and hapū here in the Far North, in that it makes two classes of iwi or hapū citizenship, those who have settled and those who have not. We're seeing that now, where we've got unsettled hapū who have come to us because they've got no other avenue to get the powers-that-be to listen to them," he said. "I'm neither here nor there personally over this project, and I'm sure there are some benefits, but what I am opposed to is fast-tracking that does not follow normal resource management processes to ensure that iwi, hapū, community, council and key stakeholders can have a say, and that the process will be transparent." Patukeha kaikōrero Lamorna Ahitapu-Rogers said hapū were grateful for the mayor's support, and the chance to express their opposition despite being locked out of the process. If the marina went ahead, Te Rāwhiti residents would lose one of their main pipi beds and future options for mokopuna. "If they build this marina, and that environment is destroyed when we get our Treaty settlement, there are a lot of things we won't be able to do that we have the potential to do at the moment," she said. Patukeha kaikōrero Lamorna Ahitapu-Rogers says fast-track legislation has left her community without a voice. Photo: RNZ/Peter de Graaf Hopper Developments, one of two companies behind the proposal, did not respond to requests for comment. During last Thursday's council meeting in Kaikohe, speakers from Ngāti Kuta, Patukeha, Ngāti Hine and the local community board laid out their concerns. Natasha Clarke-Nathan, a kaikōrero for Ngāti Kuta and Patukeha, said the proposed marina was "extremely large" with 250 berths, a boat ramp and shops, all in a remote part of the Bay of Islands. It would exclude local people from an important area for gathering kai moana and effectively privatise part of the Bay of Islands. "In our minds this is a privatisation, or a raupatu [confiscation], in favour of the wealthy," Clarke-Nathan said. The development would contribute to the eastern Bay of Islands becoming a "dumping ground" for holiday homes and boats that were used only a few weeks a year. It did not meet the requirements for fast-tracking because it offered no regional or national benefits, she said. Opponents of a fast-tracked marina proposal packed the public gallery at Thursday's Far North District Council meeting. Photo: RNZ/Peter de Graaf She disputed the applicants' claim there were no wāhi tapu in the area and said their figures for the marina's economic benefits were greatly overstated. Clarke-Nathan said the applicants claimed a strong demand for marina berths, but the nearest existing marina, at Ōpua, had 20 empty berths. The real demand was in Kerikeri, at the other end of the Bay of Islands. Ahitapu-Rogers told councillors increasing the number of boats in the area would raise the risk of spreading the seaweed pest caulerpa. The eastern Bay of Islands was already "ground zero" for the caulerpa invasion in Northland, she said. A report released that same week by the New Zealand Institute of Economic Research estimated caulerpa's cost to the New Zealand economy could reach $9.4 billion. Louise Dews, of the Eastern Bay of Islands Preservation Society, and Pere Huriwai-Seger were among those calling for council support in their fight against a fast-tracked marina. Photo: RNZ/Peter de Graaf Jane Hindle, Russell representative on the Bay of Islands-Whangaroa Community Board, said a project that amounted to the "wholesale transfer of seabed into private ownership" needed the full scrutiny of the RMA. Opponents of the development have called a public meeting at Russell's Kororāreka Marae at 1pm on 18 May. Waipiro Bay is about 20km east of Russell in an isolated area on the "back road" between Whangārei and Russell. Development to date is limited to a gated community of top-end holiday homes. Projects which are not specifically named in the legislation, such the marina, have to apply for consideration under the fast-track process. The Ministry for the Environment assesses the application to make sure it's complete, then the Minister for Infrastructure decides whether to accept it for fast-tracking. If accepted it then goes to an expert panel, which may or may not hold a public hearing before deciding on the consent. Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
