A Niue MP is seeking a declaratory judgement over claims made by a bottled water operation on Niue.
The business has been planning to export what it's calling 100 percent pure artesian water.
But MP Terry Coe disputes this claim.
He said the Niue water did not fit the definition of artesian in that it needed to be pumped from the aquifer under the island.
Mr Coe also said Niue water has to be filtered and, as such, it cannot justify using the word "pure".
He also pointed to failings in Niue's domestic water supply, which is also drawn from the aquifer, saying it needs to be boiled before drinking or alternatively people buy bottled New Zealand water.
Mr Coe's application also raised concerns about the use of the New Zealand Coat of Arms on the Niue water product.
He believed the claims made amount to false advertising that could damage the island's reputation and open it up to litigation.