Ellison to ‘demystify’ wai concept

Photo: Supplied
Photo: supplied
A Kāi Tahu leader says he will meet Otago regional councillors to "demystify" Te Mana o te Wai, a central concept of the government's 2020 freshwater reforms.

Ōtākou Marae upoko Edward Ellison said the meeting would take place this month, after conflict between chairwoman Cr Gretchen Robertson and former deputy chairman Cr Michael Laws as to tangata whenua’s role in applying Te Mana o te Wai to the Otago Regional Council’s forthcoming land and water plan.

At the latest council meeting Cr Robertson said Te Mana o te Wai could "only be interpreted by mana whenua", a position Cr Laws called "legal nonsense" that surrendered the interpretation of the central concept to an unelected group.

Edward Ellison
Edward Ellison
The Ministry for the Environment says implementing Te Mana o te Wai, or "mana of the water", requires decisions around water’s use to first prioritise the health and well-being of the water itself, then the health needs of people, and then the social, economic and cultural well-being that water use can bring.

When discussing the governance arrangements for the forthcoming land and water plan late last month — particularly the inclusion of three iwi representatives alongside three councillors on the plan’s governance group — Cr Robertson pushed back against councillors who argued iwi could be playing too great a role in the development of the council’s plan.

The governance group was the council’s "channel" to ensure Te Mana o te Wai was embedded in the plan and mana whenua were essential to that.

She later explained the national policy statement for freshwater management set out six principles around Te Mana o te Wai’s implementation, the first three of which were "directly relevant to tangata whenua and the ability for them to make decisions around freshwater".

"ORC considers that understanding Te Mana o te Wai needs to be a broad conversation, but only tangata whenua can direct the application of the first three principles as set out under the [national policy statement].

"Te Mana o te Wai is a construct that has been coined for the [national policy statement] and has to be interpreted with a mana whenua lens to address the values and beliefs of mana whenua. For clarity, the final decision on the notification of the land and water plan and all of the content within it sits solely with council."

Cr Laws called the position "appalling . . . legal nonsense".

"It has been imposed upon the council, it seems, unilaterally by the chairperson and staff."

A Ministry for the Environment spokeswoman declined to offer a view.

"It appears the opinion expressed during the meeting is a personal one."

Environment Minister David Parker said putting Te Mana o te Wai into practice was up to regional councils.

Mr Ellison said he detected nervousness among some in Otago about forthcoming changes to water use.

But fears Cr Robertson’s understanding of Te Mana o te Wai meant mana whenua would set rules for water users in Otago were misplaced, he said.

The principle that gave tangata whenua the "power, authority, and obligations" to make decisions that protected the health and well-being of freshwater ensured tangata whenua had the ability to put forward their views "unsullied" by other considerations.

Mr Ellison said tangata whenua had spelled out clearly their views on Te Mana o te Wai, not only to council but in front of the courts during the recent Plan Change 7 process and in front of commissioners during hearings under way for the council’s regional policy statement.

"We’re happy to have a meeting with councillors to help them work through, and talk through, exchange, test ideas — I think that’s needed," Mr Ellison said.

"I can see that’s needed, actually, to give councillors some more confidence around what it is, this Te Mana o te Wai, to demystify it for them if we can."

hamish.maclean@odt.co.nz

 

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