Water bottling shows 'complete disregard' for Māori rights, rūnanga says

Wednesday, 16 December 2020

A look at Christchurch's Cloud Ocean Estate water bottling production plant. (Video first published in November 2018)

The rūnanga with rangatiratanga (authority) over fresh water has applied to join a court battle against Environment Canterbury (ECan) allowing water bottling in Christchurch.

Ngāi Tūāhuriri has applied to join as an intervenor in the application to the Court of Appeal by Aotearoa Water Action (AWA) in relation to consents granted to Cloud Ocean for water bottling.

AWA is embroiled in a longstanding battle with the regional council and two of the country’s largest water bottling operators, Cloud Ocean Water and Rapaki Natural Resources.

Ngāi Tūāhuriri Upoko Te Maire Tau says Canterbury’s fresh water needs to be protected for future generations, not harmed through the extraction and commodification of the resource for water bottling.

Together the companies have permission to extract 8.8 billion litres of water each year from aquifers beneath Christchurch.

The appeal is against a July 2020 decision where the High Court ruled that ECan acted legally in granting the consents that allow Cloud Ocean to use water from a previous wool scour in Belfast for water bottling.

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* 'Illegal' consents could have allowed water bottlers to 'jump consents queue'

AWA co-convener Peter Richardson says mana whenua need to be heard on the issue of water bottling.

It was a decision that prompted the iwi – Ngāi Tahu – to lodge a statement of claim in the High Court seeking recognition of its rangatiratanga over freshwater in the Ngāi Tahu takiwā (area) last month, Ngāi Tūāhuriri Upoko Dr Te Maire Tau says.

“Ngāi Tūāhuriri have rangatira authority and have responsibilities to stand up for our freshwater resources.

“It is decisions like this, that show complete disregard for our rights.”

The High Court action taken by lobby group AWA claimed ECan needed to consider water bottling as a new activity before granting the consents.

The rūnanga with rangatiratanga over fresh water has applied to join a court battle against Environment Canterbury.

Under the Canterbury Land and Water Regional Plan, this activity would be prohibited.

Ngāi Tūāhuriri and AWA have argued the original decision by ECan to grant the consents and the subsequent High Court decision, which was in ECan's favour, were incorrect.

Tau said ECan's actions must continue to be challenged, so the rūnanga applied to join AWA.

“In his decision-making, the High Court judge did not properly take into account the cultural effects of the water extraction or the Treaty responsibilities of Environment Canterbury”.

Ngāi Tūāhuriri wanted Canterbury’s fresh water to be protected for future generations, not harmed through the extraction and commodification of the resource, he said.

AWA co-convener Peter Richardson said it “fully supports” the rūnanga's involvement, and there was no doubt its application would be accepted by the courts.

“It’s important that the mana whenua be heard and that they be the ones who present submissions on cultural effects and cultural values.”

The rūnanga had responsibilities, and the Crown had obligations to Te Titiri o Waitangi, when it came to the issue of exporting water.

The hearing is set down for August 2021.

A moratorium had been sought on new water bottling consents until the issue had been resolved, but the Government had shown no initiative in taking that up, Richardson said.

AWA has raised more than $50,000 from public donations to cover the court battle.

The Christchurch City Council also assisted with a $50,000 grant in 2019 for the High Court hearing.