What are Ngāti Kahungunu water rights and interests

Thursday, 2 October 2014, 11:59 am
Press Release: Ngati Kahungunu Iwi Inc

Background Information: What are Ngāti Kahungunu water rights and interests?

Central to the Ngāti Kahungunu position on our water rights and interests is our desire to work towards the Kahungunu 25 year vision Kahungunu 2026, “to enhance the mana and well-being of Ngāti Kahungunu”. Access to healthy water is an important part of the Ngāti Kahungunu well-being strategy.

A series of “Wai Wananga” were held throughout 2010-2011 based on the theme of Ko wai, No wai, Mā wai. These wananga were useful in defining a number of statements that can be used by whānau, hapū, iwi and ropū, around our Wai... “in the Mohaka case the Tribunal found that te tino rangatiratanga of the river had never been relinquished, but they haven’t determined what that means. This is the same for all our rivers. That the rangatiratanga we have exercised since mai rā no has never been relinquished. What we are trying to determine is to get some definition of what rangatiratanga in terms of wai means for us? Otherwise if we don’t come up with that definition then someone else will try and define for us1 “.

1 Ngahiwi Tomoana Ruahapia Marae 13 May 2011

Common values recorded at the wananga included:

- Rangatiratanga, kaitiakitanga. The right of tāngata whenua to exercise ownership.

- Whakapapa, whānaungatanga. We are part of the water. It is a taonga integral to our practises, connections and identity. Tāngata whenua, tāngata moana, tāngata awa.

- Mauri. Life principle, special nature.

In 2012 and 2013 the Government sold shares in the state owned hydro power companies Mighty River Power and Genesis Energy. During this time the Prime Minister stated that “no one owns the water”. Power companies have significant control and rights akin to ownership over many of our waterways. The sale of this right of access to water was seen as a threat to our water rights and interests.

Ngāti Kahungunu hapū and whānau have always maintained that they have never relinquished their rights and interests to water. At a hui ā iwi in Omahu in September 2012, the following motion was unanimously passed “that this hui ā iwi supports Ngāti Kahungunu Iwi to continue to protect our collective rights to water on behalf of Ngāti Kahungunu whānau, hapū iwi and ropū.” Ngāti Kahungunu Iwi will continue to lead this kaupapa on behalf of our region, gathering information and sharing this on a regular basis. “Kei te iwi te māhi, kei te hapū te mana”. Other points raised at this hui include:

- The mana remains with hapū.

- Hapū are encouraged to name their waterways and put the whakapapa and kōrero behind it

- Whānau and land trusts with an interest in wai maori were encouraged to support the Ngāti Kahungunu water claim.

Immediately following this hui Ngāti Kahungunu Iwi Incorporation lodged a contemporary water claim (Wai 2358) with the Waitangi Tribunal to protect the interests of Ngāti Kahungunu whānau and hapū to their lakes, swamps, aquifers, river and other waterways. Any benefits gained from this

claim will be returned directly to hapū as the mana rests with hapū. This claim is about ngā hapū o Ngāti Kahungunu propriety rights and interests to water.

In 2013 further “water conversations” were held with our wider water stakeholders and other water users in the community. Ngāti Kahungunu was asked at this hui to show leadership to bring together a collective approach with regards to water.

The Tukituki catchment is an example of a catchment under threat from demands for increased water allocation and deteriorating water quality. Poor waste water treatment practises and the impact of land use management have contributed to the current state of the Tukituki River. The Government continues to encourage intensified land use as part of its business growth agenda. Balancing this against sustainable industrial practises along with maintaining the integrity of our waterways is very important to all of us in Ngāti Kahungunu.

The Waitangi Tribunal have found2 that Māori do have rights and interests in their water bodies. It stated the closest English equivalent in 1840 was legal ownership. Those rights were confirmed, guaranteed and protected by the Treaty of Waitangi. Māori can own water. The Tribunal has stated that Māori have the right to develop and profit from their propriety rights.

In the Tribunal’s Mohaka River report the following statement was recorded “to Māori water is the essential ingredient of life, a priceless treasure left by ancestors for the life sustaining use of their descendants. The descendants are in turn charged with a major kaitiaki duty to ensure that these treasures are passed on in as good or indeed a better state”.

In July 2014 the Minister for the Environment released the National Policy Statement for Freshwater Management 2014. This document sets out the objectives and policies that direct local government to manage water in an integrated and sustainable way while providing for economic growth within set water quantity and quality limits. Once limits are set, freshwater resources are to be allocated to users while providing the ability to transfer entitlements between users to maximise the value of water.

Ngāti Kahungunu is committed to the following in regards to our water rights and interests:

- Hapū mana is protected and is not usurped. In fact, mana of hapū and iwi should be enhanced by collective action. Kei te iwi te māhi, kei te hapū te mana.

- Ngāti Kahungunu Iwi has no pecuniary interest in any returns that might be generated from the Waitangi Tribunal claim.

- Ngāti Kahungunu Iwi will continue to lead this kaupapa on behalf of our region, gathering information and sharing this on a regular basis.

Ngāti Kahungunu will continue to show leadership to bring together a collective approach with regards to our position on water rights and interests. We are seeking the view of whānau and hapū to further our position on our water rights and interests.

ENDS

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