New Zealand Environment Court Case: Aratiatia Livestock Ltd v. Southland Regional Council

Summary

In 2019, The Environment Court of New Zealand considered the appropriateness of objectives and policies in a proposed regional water and land plan, in the context of the directions in the National Policy Statement for Freshwater Management 2014. The Court identified that Te Mana o Te Wai was a matter of national significance in the NPS-FM and that freshwater was required to be managed through a framework that considers and recognizes this concept as an integral part of freshwater management. Upholding Te Mana o Te Wai acknowledges and protects the mauri of water, which in turn sustains the Hauora (health) of the environment, the waterbody, and people. The Court stated this to be a paradigm shift in the way of thinking about freshwater management, by recognizing the connection between water and the broader environment and by putting the needs of the waterbody first. It also identified that while Te Mana o Te Wai was expressed in Te Reo Māori, it was intended to benefit all New Zealanders.