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Wai Māori

Taking legal action for our whānau and freshwater

Tātau Tātau o Te Wairoa is taking legal action to protect the freshwater that has sustained our whānau for generations. This case supports Ngāi Tahu’s efforts to ensure the Crown recognises iwi and hapū rights over rivers and lakes, crucial to our lives and culture.

We are asking the High Court to officially recognise the rights of Te Rohe o Te Wairoa iwi and hapū over freshwater in our area, including the Wairoa River, Hangaroa River, Mangapoike River, Ruakituri River, Waiau River, Waikaretaheke River, Whakakī Lake and its surrounding tributaries, as well as Lake Waikaremoana. Our claim is based on tikanga passed down by our tūpuna.

The Trust, established in 2018 after a Treaty of Waitangi settlement, continues to address issues like freshwater protection, which remains a challenge despite the settlement. Chairperson Leon Symes who was previously Deputy Chairperson of Te Tira Whakaemi o Te Wairoa (the mandated pre-settlement entity) says, “The settlement was a vital step, but ongoing issues like freshwater protection are key. These waterways are vital to our food, culture, and way of life.”

Te Wairoa, where 65.7% of the population identifies as Māori (2018 census), is one of New Zealand’s poorest communities. Many whānau rely on these rivers and lakes for food and resources and protecting them is essential to our wellbeing.

This case is not just legal action—it’s about ensuring future generations can rely on these waters, as we have. We support Ngāi Tahu’s case, which began on 10 February 2025 in Christchurch, and our own case which began in the High Court on 10 March 2025. This is about securing the rights of iwi and hapū across Aotearoa to protect their rivers and lakes for all whānau.


Flood mitigation

Whānau at the heart of Wairoa: The impact of flood mitigation on our people

For generations, the Wairoa community has faced the delicate challenge of balancing the needs of the greater good with the protection of our whenua and whānau. Since the 1870s, over 200 hectares of Māori land have been compulsorily taken by the Crown for public works. Now, yet another major project is on the horizon — the Wairoa Flood Mitigation Project. This proposal involves building a large spillway to divert floodwaters from the Wairoa River, as witnessed during Cyclone Gabrielle. However, this comes at a steep price, displacing 16 homes in the North Clyde area, impacting two marae, and taking an additional six hectares of Māori land.

We, at Tātau Tātau o Te Wairoa, have seen this cycle before. As Chairperson Leon Symes puts it, “This seems to be an issue that’s been going on centuries and centuries, Māori giving and giving for the greater good.” For whānau directly affected by this project, the burden is already being felt. John Hubbard of Ruataniwha Marae asks, “How would you like it if someone came into your home and just cut a room out here, cut a room out there? For our people, this whenua is not just land; it’s a living connection — to lose it is to lose a part of ourselves.”

The proposed project would also cut through Takitimu Marae and wāhi tapu, affecting vital spaces that hold deep cultural significance. Rex Smith from Takitimu Marae points out that this floodway could block access to the marae and disrupt the sacred landscape we hold dear.

We have raised serious concerns about the lack of meaningful engagement with landowners who will be directly impacted by these flood protection measures. Leon Symes stresses that consultation must happen before decisions are made, not afterward.

“We believe that a better solution exists. While the Hawke’s Bay Regional Council has backed the 1C option, which would carve through our land, we strongly support Option 3. This approach incorporating naturally established spillways of the flood plain, wetlands and estuaries and, the maintenance of an open, high-functioning river mouth.  We are not opposed to progress, but we must address the root causes of flooding, not just the symptoms.”

With a deadline of 31 March 2025 for a confirmed solution, we are calling for a more thoughtful, whānau-centred approach. Our community must not be left behind in the rush to protect Wairoa from future floods. Together, we want to find a path that honours our past, our land, and our whānau.

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