Key Takeaways
- The Court of Appeal has ruled that the Māori Land Court has no jurisdiction to determine customary title or award damages, leaving the trustees of Porotī Springs to pursue recognition in the High Court.
- The trustees have been fighting for their customary rights to the springs for generations, arguing that their connection to the wai (water) and whenua (land) has remained unbroken despite Crown interventions and regulatory regimes.
- The trust has had to battle several large corporations given resource consents to take large amounts of water, and has celebrated some wins, including an agreement with the Whangārei District Council giving the trust first rights to the first 2000cu m of the daily allocation of water.
- The Court of Appeal’s decision has been met with disappointment, but the trust is considering its next steps and may continue to pursue recognition in the High Court.
Introduction to the Case
The Porotī Springs case has been a long-running and complex issue, with the hapū trustees seeking to have their customary rights to the springs legally recognised. The springs, located west of Whangārei, have been a vital part of the local community for generations, providing food, cleansing rituals, and blessings for soldiers departing for war. The trustees, who are representatives of the local hapū Te Uriroroi, Te Parawhau, and Te Māhurehure ki Whatitiri, regard the springs as a nurturing female ancestor and have fought to protect their connection to the wai (water) and whenua (land).
Background to the Dispute
The dispute over the Porotī Springs began many years ago, with the trust objecting to the Northland Regional Council’s decisions to grant or reissue consents for large corporations to take large amounts of water. The trust argued that they were never consulted over several resource consents and that the council had ignored their customary rights. Despite some wins, including the sale of Zodiac Holdings’ land and resource consent to the Crown, the trust has continued to face challenges in its efforts to protect the springs. In 2020, the trust filed proceedings in the Māori Land Court seeking declarations that their customary title to the water had not been extinguished and damages of $100,000 against the Northland Regional Council for losses caused by over-allocation of water rights.
The Court of Appeal’s Decision
The Court of Appeal’s decision has been a significant setback for the trust, with the court ruling that the Māori Land Court has no jurisdiction to determine customary title or award damages. The court stated that the Te Ture Whenua Māori Act 1993 was designed to protect Māori land by anchoring jurisdiction in the status of land, and that the Māori Land Court’s purpose is to promote the retention, use, and development of Māori land, not to regulate water as a standalone resource. The court emphasized that its decision was not about whether the trustees’ customary rights to Porotī Springs exist or have been infringed, but rather about which court is the proper gateway to hear the trustees’ claims.
Implications of the Decision
The Court of Appeal’s decision has significant implications for the trust and the wider Māori community. The trust must now pursue recognition in the High Court, which may be a lengthy and costly process. The decision also highlights the challenges faced by Māori in seeking to protect their customary rights and interests in the face of competing demands and regulatory regimes. The trust’s representative has stated that decisions on the next steps will be made next year, and it is likely that the trust will continue to fight for its customary rights to the Porotī Springs.
Conclusion
The Porotī Springs case is a complex and ongoing issue that highlights the challenges faced by Māori in seeking to protect their customary rights and interests. The Court of Appeal’s decision has been a significant setback for the trust, but it is likely that the trust will continue to pursue recognition in the High Court. The case serves as a reminder of the importance of recognizing and respecting the customary rights and interests of indigenous peoples, and the need for a more effective and efficient process for resolving disputes over these rights.