Have your say on Freshwater Reforms

The Government is reviewing freshwater policy to replace the NPS-FM 2020 and related standards, aiming for more balanced and flexible management that supports both environmental and commercial needs.
Three options are proposed for the future of Te Mana o te Wai, a concept that prioritizes the health and well-being of freshwater bodies in decision-making about water. The options range from complete removal to removing the hierarchy of obligations but retaining Māori involvement.
Democracy Action supports full removal (Option 3), arguing Te Mana o te Wai imposes spiritual concepts and iwi authority into law at the expense of scientific rigour, clarity, and democratic accountability.

The Government is reviewing national freshwater policy, aiming to replace the NPS-FM 2020 and National Environmental Standards to better reflect the interests of all water users and support a more balanced approach to freshwater management. You can read more about this in the ‘Freshwater – Discussion Document’ HERE.

Public consultation is open until Sunday July 27.

The issues for feedback include:

Rebalancing Te Mana o te Wai

The review includes considering the definition and application of Te Mana o te Wai, offering three options for rebalancing it:

Option 1: Remove hierarchy of obligations and clarify how Te Mana o te Wai applies. This includes the retention of process steps for councils to apply Te Mana o te Wai – for example, by actively involving tangata whenua in freshwater management. Read more HERE

Option 2: Reinstate Te Mana o te Wai provisions from 2017. See page 7 and Part AA of the 2017 version of the NPS-FM.

Option 3: Remove Te Mana o te Wai provisions

While recognising the importance of freshwater, Democracy Action contends that environmental policy should be based on science and democratic principles, not ideology. Therefore, we urge support for Option 3.

The importance of freshwater and its role in the health and well-being of the wider environment deserves support. However, Te Mana o te Wai goes much further by embedding vague cultural and spiritual concepts into law.

Te Mana o te Wai encompasses six principles guiding freshwater management. The six principles are explained HERE. While three—Governance, Stewardship, and Care and Respect—are straightforward, the other three—Mana whakahaere, Kaitiakitanga, and Manaakitanga—lack clear boundaries or democratic safeguards.

For an overview, see The Role of Te Mana o Te Wai in Water Services (Democracy Action, December 2021)

Giving effect to Te Mana o te Wai requires local authorities to actively involve tangata in freshwater management. In the context of waterbodies and freshwater ecosystems, this means tangata whenua will, for example:

work with local authorities to identify matters that are important to them. This will include identifying both how Te Mana o te Wai will be applied locally and the outcomes that tangata whenua want for relevant waterbodies in the future
be enabled to apply different systems of knowledge for freshwater care and be involved in monitoring (such as mātauranga Māori). Ref: Te Mana o te Wai factsheet

Te Mana o te Wai has drawn considerable criticism, including the view that environmental policy ought to be grounded in science and measurable outcomes, rather than ideology or belief systems. Concerns have also been raised about giving certain groups (hapu, iwi, tangata whenua, and Māori) greater authority and influence over water management than other New Zealanders. The NPS-FM requires Te Mana o te Wai to apply for consent to all projects involving freshwater management, thereby facilitating iwi to determine how water is used and allocated.

Other criticisms include:

the prioritisation of the 'spiritual health' of the water;
the embedding of cultural and spiritual worldviews into law;
cultural/religious beliefs outweighing scientific imperatives;
the lack of clarity – undefined and subjective concepts, leading to uncertainty;
the cost of compliance;
the extensive rights provided to local iwi to direct how water is managed; and
one-off and ongoing payments for ‘cultural monitoring’ services.

For a further explanation of Te Mana o te Wai and its implications, see:

How to have your say

1. Provide feedback via the Ministry for the Environment online survey. You can click here to go to the consultation page. Section 2 part 2.2 is about Te Mana o te Wai.

Or send your submission directly to the Ministry for the Environment at: [email protected]

If you submit via this email, please include the following information:

Your name (or organisation name if submitting on behalf of an organisation).
Your email address.
Whether you are submitting on behalf of yourself (an individual) or an organisation.
Which region you live in.

The opportunity to make a submission closes on Sunday, 27 Jul 2025

2. Additionally, send a message directly to the ministers involved in the RMA and resource management space. Hobson’s Pledge has made an email tool available for this purpose.

3. Contact your local MP

4. Sign the ACT party petition to Dump Te Mana o te Wai by clicking this link.

Further references

Media coverage

Scoop: Otago Feds Call For Transparency From Regional Council

Commentary

PETER WILLLIAMS: The costs of Te Mana o te Wai are worse than we thought

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