Muaūpoko victory: No exemption of freshwater rules for Punahau/Lake Horowhenua catchment - Court of Appeal

The Court of Appeal has quashed the previous Government's planned exemption of freshwater rules for the Lake Horowhenua/Punahau catchment.

Muaūpoko Tribal Authority and Lake Horowhenua Trust scored a major victory this week in their fight for clean water in and around Punahau/Lake Horowhenua.

The previous Government’s exemption for Horowhenua (and Pukekohe) from stringent freshwater quality rules for the next decade has been rejected by the Court of Appeal.

“This judgment has ruled in our favour, and the exemption for Horowhenua from the National Policy Statement for Freshwater has been quashed,” said Dean Wilson, deputy chair Lake Horowhenua Trust.

Both organisations went to the Court of Appeal in September to fight the decision. The National Policy Statement on Freshwater Management 2020 states the catchment of Punahau/Lake Horowhenua and other streams are a “specific vegetable-growing area” and therefore will be exempted from the national bottom lines for nitrate toxicity for up to 10 years.

Excessive nitrogen and phosphates are key issue for Lake Horowhenua, one of the country’s most polluted waterways, and a taonga for Muaūpoko people.

Muaūpoko Tribal Authority in partnership with the owner of the lake, Horowhenua Lake Trust, lodged a case for a judicial review of this legislation in 2020, which was lost. So they lodged an appeal on September 20.

“Our primary reason for this appeal was to uphold and protect our rights, and our taonga, under Te Tiriti o Waitangi and as private property owners,” Wilson said.

“This judgment will prevent the waterways in the region, including the catchment for Punahau/Lake Horowhenua from continuing to be exempt from healthy freshwater standards and targets.”

“This is a significant outcome, as owners we have always fought hard to protect the mauri and life force of our taonga, alongside our private property ownership rights over the lake. Our taonga and our people have pretty much solely absorbed the negative effects of the region’s progress and prosperity without receiving any of the benefits - for decades and decades, and enough is enough. We only hope it’s not too late.”

Tim Tukapua, chair of Muaūpoko Tribal Authority (MTA) said, “The National Policy Statement exemption affects all waterways in the region and the catchment - with obviously huge impact on our taonga - Punahau. It simply wasn’t good enough. Therefore, MTA led this action in partnership with Lake Owners and on behalf of our community.

“We are working together to take the time to fully understand the implications of this ruling and a full statement will be released in due course.” he said.

Di Rump, CEO of Muaūpoko Tribal Authority, said the Court of Appeal’s judgment demonstrates the importance of Te Tiriti principles in action.

“By not upholding Te Tiriti, this National Policy Statement has had an impact on our whole community.”