Advocating for Māori Rights in Freshwater Governance
Wai Manawa Whenua
Wai Manawa Whenua is a coalition of Māori landowners, hapū, iwi collectives, and national organisations, including the Federation of Māori Authorities (FOMA). The group has filed legal proceedings in the High Court to hold the Crown accountable for failing to honour Te Tiriti o Waitangi and uphold Māori rights and responsibilities over freshwater.
Wai Manawa Whenua is a coalition which includes Māori landowners, hapū and iwi collectives, as well as national organisations such as the Federation of Māori Authorities (FOMA) — who have filed legal proceedings in the High Court to hold the Crown accountable for failing to honour Te Tiriti o Waitangi and uphold Māori rights and responsibilities over freshwater.
The Crown has consistently failed to honour Māori rights and responsibilities in relation to freshwater, as guaranteed under Te Tiriti o Waitangi and affirmed in court decisions.
Māori have never relinquished our relationship with water — as kaitiaki, we have responsibilities to protect the life and wellbeing of our waterways for future generations.
Water degradation is a direct result of Crown mismanagement and exclusion of Māori from decisions over the use and management of water.
This legal case is about restoring balance, justice, and recognition of the rightful role of Māori as kaitiaki in freshwater governance.
Everyone in Aotearoa benefits when water is protected — this concerns us all.
Media and Press Coverage
Our case has gained national attention, with recent coverage from RNZ highlighting the legal challenge and its significance for Māori water rights. In addition, our partner organisations have issued a formal press release, outlining the kaupapa, the governance group, and the outcomes sought. Together, these stories amplify the urgency of protecting freshwater, upholding Te Tiriti obligations, and recognising Māori kaitiaki responsibilities in water governance.
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 rightsand interests in water before allocating it to others.
Who is involved in this case?
A national coalition of Māori landowners, hapū and iwi 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.
Is this just political?
Politics and politicians come and go — but our role as kaitiaki is enduring. Our responsibility to protect the health of our waters does not change.
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 forward now?
For decades, successive governments have promised to address Māori freshwater rights and interests but have failed to take meaningful action. This case responds to those broken promises and calls for accountability.
Isn't water a public resource? Why do Māori want ownership of all water?
This isn’t about owning all water. It’s about recognising Māori authority where we have ancestral ties and responsibilities to protect the health of our waters. It’s about shared decision-making and redress for long-standing breaches by the Crown. And it’s about ensuring that Māori have access to the water they need economically, socially and culturally.
Won't recognising Māori water right disrupt current users - like farmers or councils?
No one needs to lose for Māori rights and interests to be honoured. Even the Crown stated in 2012 that “no one would be compromised” by recognising Māori rights. A fair and sustainable system is possible – and urgently needed.
