ABSTRACT
This chapter explores the scope of the modern jurisprudence of Te Tiriti o Waitangi/the Treaty of Waitangi to be a legal anchor in the courts to recognise Maori interests, rights, and responsibilities to care for and nourish treasured lands and waters. It provides a glimpse into the judicial machinery of Aotearoa New Zealand, highlighting central themes and outcomes replicated the world over. In formulating district and regional plan rules and issuing resource consents, the Resource Management Act 1991 (RMA) directs local authorities to recognise the Maori relationship with water. The RMA gives regional and local councils the power to assert rules and guidelines for taking, using, damming, and diverting freshwater. Regional councils need to control discharges of contaminants into water, and discharges of water into water. Regional councils can establish rules in a regional plan to allocate the taking or use of water, as long as the allocation does not affect the activities authorised in the Act.
