A tuna/eel lies exposed on the shores of one of the country’s most polluted lakes, Te Waihora/Lake Ellesmere, near Christchurch. Photo: David Williams
A court case taken by Ngāi Tahu over the health of freshwater in the South Island could turn out to be a national headache for the government
When the prime minister dodged Northland on Waitangi Day, he ended up getting an earful instead in the South Island.
It came from Justin Tipa, the chair of Te Rūnanga o Ngāi Tahu, in a speech at the Ōnuku Marae.
"Our rangitiritanga has been ignored for decades, and the state of freshwater in our takiwā (territory) has gotten worse and worse ... and it's not good enough, and we're doing something about it."
That something has just come to a conclusion. A two-month-long High Court case against the Crown to get a declaration that the tribe has legal rights over freshwater in its territory - an attempt to get real engagement on designing a better way to manage lakes, rivers and waterways that are becoming increasingly polluted.
Newsroom's South Island correspondent and environment editor David Williams covered the case extensively.
"What it comes down to is they're saying that, in a simple way, the waterways aren't in a good state," he tells The Detail today.
"And part of this problem is the fact that they haven't had a seat at the policy table, and that that would actually improve things."
Ngāi Tahu is asking for a series of declarations, seeking recognition of these rights, and direction that the Crown ought to, with Ngāi Tahu, create a better regime to protect freshwater.
The tribe produced scientists who gave evidence of the issues, and you only have to have half an ear on the news to know what they are.
The Shotover River being renamed by locals as the 'Shitover' after the Queenstown Lakes District Council pumped treated wastewater directly into it; boil water notices for Canterbury areas; statistics on our rivers and lakes that show about 60 percent are unswimmable, 74 percent of freshwater fish are threatened, and 95 percent of rivers flowing through pastoral land are contaminated.
University of Otago research this year found 800,000 New Zealanders were drinking water with unsafe levels of nitrate contamination.
The government's own reports say waterways have deteriorated.
When it comes to how our waterways are managed, it's a top-down situation. Governments issue National Policy Statements (there's one about freshwater management) and set environmental standards. Regional and local councils need to implement them, through their water plans.
"So people might be familiar with Te Mana o te Wai which was the idea that the water would come first, the health and wellbeing of the people would come second and commercial things would be third."
That was rolled back with the Resource Management Amendment Bill, which makes it clear that resource consent applicants no longer need to demonstrate their proposed activities follow the Te Mana o te Wai hierarchy of obligations.
That's the kind of legislation Williams means when he talks about "shifting sands" underneath this case.
"The government certainly has proved that it's willing to change the law to pursue its policies," he says.
Other tribes around the country are watching for the result of this case.
"There is a thought that this could actually provoke claims in other parts of the country and provoke a bit of a headache for the government," says Williams. "But some would say that's a good headache because actually if you're not protecting fresh water, something needs to be done differently, and maybe this is the way."
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