Attachment A Te Taniwha o Waikato Cultural Impact Assessment 2016

Transcription

1 Attachment A Te Taniwha o Waikato Cultural Impact Assessment 2016

2 PUKEKOHE WASTEWATER DISCHARGE APPLICATION Cultural Impact Assessment Values, Uses and Statutory Obligations in and around the Waikato River Prepared on behalf of Te Taniwha o Waikato By 1 GMD Consultants

3 Table of Contents 1. Introduction Purpose and Status of this Cultural Impact Assessment Tangata Whenua Te Taniwha o Waikato Marae Locations Methods Methods Municipal Wastewater Consent Audit Values Hui Legislation and Document Assessment Drafting of the CIA Te Taniwha o Waikato Review Draft circulated to Watercare Te Taniwha o Waikato sign off of CIA Te Taniwha o Waikato contribution and ownership of this CIA Assessment Objectives Proposal Application description Statutory Context Proposal The Waikato River Treaty Settlement Te Ture Whaimana Vision and Strategy for the Waikato River The Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act Kiingitanga Accord Treaty of Waitangi Waikato-Tainui Environmental Plan Other Statutory Documents Resource Management Act National Policy Statement on Freshwater Management Te Taniwha o Waikato Values and Interests Values and Uses Whakapapa Whanaungatanga Rangatiratanga Mana Whakahaere Kaitiakitanga Mauri Hauanga Kai Natural Resources for other Cultural Uses Waahi Tapu Water Use Human health

4 5.13 Ecosystem health Natural form and Character Options Assessment Option 1: Status Quo and Years 1-3 of the Proposal Parker Lane Stream Discharge Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River National Policy Statement on Freshwater Management (NPSFM) Waikato-Tainui Environmental Plan Option 2: Rock Wall Discharge - Stage 2 Years 3 to Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River National Policy Statement on Freshwater Management Waikato-Tainui Environmental Plan Option 3: Diffuser Discharge Stage 2 Years 3 to Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River National Policy Statement on Freshwater Management Waikato-Tainui Environmental Plan Option 4: Supplementary Water Take and Discharge Stage 2 Years 3 to Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River National Policy Statement on Freshwater Management Waikato-Tainui Environmental Plan Micro-Bio Reactor or Membrane-Filtration Technology (MBR) Additional Considerations Modelling Challenges Whanganui River Claim Conclusions and Recommendations Te Taniwha o Waikato position on the proposal Recommendations Appendix A - Statutory Review Option 1: Status Quo and Years 1-3 of Proposal Parker Lane Discharge National Policy Statement on Freshwater Management Waikato-Tainui Environmental Plan Option 2: Rock Wall Discharge - Stage 2 Years 3 to National Policy Statement on Freshwater Management Waikato-Tainui Environmental Plan Option 3: Diffuser Discharge Stage 2 Years 3 to National Policy Statement on Freshwater Management Waikato-Tainui Environmental Plan Option 4: Supplementary Water Take and Discharge Stage 2 Years 3 to Waikato-Tainui Environmental Plan Comparative Table Appendix B - Municipal Discharge Audit Appendix C Marae Maps

5 1. Introduction The relationship of Waikato Iwi with the River has extended over many generations, since the time of the first inland explorations of those ancestors who brought the Tainui canoe to Aotearoa in the fourteenth century. It is a unique relationship in that the River originally called Kato Wai is regarded as te tupuna awa, the ancestral river of the people. The River represents the mana and mauri (life force) of the people, and is central to tribal identity, and their spiritual and physical wellbeing. Its power is both protective and healing. The importance of this relationship is evident in many whakataukii (proverbial sayings) and waiata (songs), and, in oral histories which record the association of the ancestors with places, events, their daily activities, thoughts, emotions, and everything that touched their lives. In the years after the signing of the Treaty of Waitangi and the establishment of a new colonial government in Aotearoa, authority over land and waters of Waikato was still in the hands of the tribe. Pakeha travelled on the River as manuwhiri (guests) and they were made welcome. In the wake of the invasion of Waikato by colonial troops in 1863 and the subsequent land confiscations the River became subject to Pakeha law and under the jurisdiction of many different authorities 1. From the 1800s the Rivers wetlands were drained, its banks planted with willows which choked its streams, its waters polluted by sewage, farm runoff, extensive coal mining and other industrial discharges. By the early years of the twentieth century flooding of the River was being attributed to changes in its ecology, and flooding would remain a concern to the present. Between the 1920s and 1960s the entire upper reaches of the River which because of their dramatic rapids and steep gorges, had been earmarked for development from the outset, were dammed to produce hydro-electric power. Thermal stations were built by the River at Meremere in the late 1950s and at Huntly in the 1970s. Massive amounts of sand and shingle were extracted from the River bed. These were years when there was very little consultation on major developments, and Waikato-Tainui confronted with an array of different authorities, felt a deep sense of powerlessness to protect the River. It is only in very recent years that tangata whenua have been able to express their concerns in a forum such as the Environment Court with some confidence that they will be listened to. But being listened to across a cultural divide is not the same as being understood 2. Significant efforts are now being made to restore the River. In 2008 Waikato iwi and the Crown signed a Deed of Settlement for the tribes Raupatu Claim for the Waikato River. The overarching purpose of the Settlement is to restore and protect the health and wellbeing of the Waikato River for future generations. 1 The Waikato River Report: Volume 1: Historical Report, Centre for Maori Studies & Research, University of Waikato, 1999, pp The Waikato River Report: Volume 1: Historical Report, Centre for Maori Studies & Research, University of Waikato, 1999, pp 1-3 4

6 Tangata whenua of the lower Waikato River have concerns regarding the proposal by Watercare Services Limited to increase the amount of sewerage discharge to the Waikato River and to install a discharge structure on the River bed. Te Taniwha o Waikato, a Collective representing tangata whenua requested the commissioning of a Cultural Impact Assessment (CIA) to consider the impact on the cultural values of the tangata whenua of the lower Waikato River of the Watercare Services Limited proposal. 1.1 Purpose and Status of this Cultural Impact Assessment This CIA has been designed to clearly state the position of tangata whenua on the proposed Pukekohe Wastewater Treatment Scheme, Resource Consent Applications made by Watercare Services Limited (Watercare). Broadly, the CIA lays out the statutory requirements for Watercare to engage with tangata whenua; whether this be through the principles of the Treaty of Waitangi, the Objectives of the Te Ture Whaimana (Vision and Strategy) for the Waikato River or expectations for engagement through the Resource Management Act. The CIA also highlights the ability of the proposal to give effect to, or be consistent with the relevant guidance documents guiding development in an around the Waikato River. Most importantly this CIA clearly states the values and uses that the people of Te Taniwha o Waikato hold and exercise; and how the proposed wastewater consents will impact upon them. 1.2 Tangata Whenua The Te Taniwha o Waikato Collective consists of representatives from nine Marae of the Lower that are home for a number of Hapu. 1. Oraeroa Marae Ngati Karewa, Ngati Tahinga 2. Tauranganui Marae Te Rangiwahitu, Ngati Kaiaua, Ngati Tipa 3. Tikirahi Marae Ngati Tipa 4. Te Kotahitanga Marae Ngati Tipa 5. Te Awamarahi Marae Ngati Amaru, Ngati Pou, Ngati Mahuta 6. Nga Tai E Rua Marae Ngati Tipa, Ngati Pou 7. Mangatangi Marae Ngati Tamaoho, Te Koheriki 8. Hora Hora Marae Ngati Naho, Ngati Hine, Ngati Pou 9. Maurea Marae. Ngati Naho, Ngati Hine, Ngati Pou All belong to Waikato iwi which is one of the four iwi that make up the confederation of tribes who descend from the ancestors of the Tainui waka, whose region is encapsulated within the following tongi (saying): 5

7 Mokau ki Runga Tamaki ki Raro Mangatoatoa ki waenganui Pare Waikato, Pare Hauraki Te Kaokao roa o Patetere Ki te nehenehenui He piko e Taniwha, He piko e Taniwha Waikato Taniwharau Mokau to the South Tamaki to the North Mangatoatoa to the Centre From the mouth of the Waikato River in the West, to all Hauraki in the East Waikato, Hauraki protects the Kaokao roa o Patetere range To the Nehenehenui At every bend of the river a Chief Waikato of one hundred Chief s The whanau of the marae descend from tupuna who populated the region many eons ago. They are the heirs to the kaitiaki responsibilities that have been handed down through the generations. Through this CIA they seek to articulate their cultural and spiritual values in relation to the Waikato River in light of the applications of Watercare Services Limited, with regard to the Pukekohe Wastewater Treatment Plant. View down river from Tikirahi with Tauranganui Marae and Papakainga in the distance. (PHOTO: C. van Schravendijk-Goodman, 2014) 1.3 Te Taniwha o Waikato Marae Locations Maps and photos included Appendix C to highlight the location of the Marae and relationship with the Waikato River. 6

8 2. Methods 2.1 Methods The methods utilised to prepare this CIA, have been focused on identifying and articulating the values and uses held by Te Taniwha o Waikato, in relation to the Waikato River. Below are summaries of each phase and task undertaken in the preparation of the CIA. Whilst the overall responsibility for the preparation of this CIA is that of GMD Consultants, the values and uses are those of Te Taniwha o Waikato, GMD Consultants have provided the framework for the statutory assessment and the communication of values. 2.2 Municipal Wastewater Consent Audit An audit has been undertaken to understand the scale of consented municipal wastewater discharge to the Waikato River. This assessment not only identifies the number of consents currently approved to discharge, but also the volumes, quality and methods to treat the discharge. A summary of this audit is included with all consents included in Appendix B. 2.3 Values Hui A series of hui were held with the Te Taniwha o Waikato. These hui allowed marae representatives to initially understand the application and options in front them and then form an opinion based on the collectives application of traditional values and uses. The hui provided an open forum to provide perspectives from individual marae and how these aligned with the each other. The hui also provided an opportunity to reinforce the collectives support of the Waikato-Tainui Environmental Plan and an ongoing commitment to the Objectives contained in Te Ture Whaimana for the Waikato River. 2.4 Legislation and Document Assessment An assessment has been undertaken of the proposed options against all relevant documents, which have a Waikato River, freshwater or iwi focus. Whilst there is extensive legislation and planning documents that are applicable to a resource consent application effecting the Waikato River; a focused approach has been taken to include those documents that have the ability to guide or assess proposals. 2.5 Drafting of the CIA The drafting of the CIA has been undertaken by GMD Consultants. The development of the values and the CIA in general has been guided by Te Taniwha o Waikato. To ensure that what had been developed in the CIA was what the collective had expressed in the hui, drafts have been circulated to those members wanting to undertake a review. 2.6 Te Taniwha o Waikato Review Official review undertaken by Te Taniwha o Waikato was undertaken on 16 December This review insured that all values and uses attributed to the Waikato River by the group had been represented accurately. The review provided a critique of the legislative assessment against the proposal. 2.7 Cultural Impact Assessment circulated to Watercare An assessment was provided to Watercare in February Te Taniwha o Waikato sign off of CIA The final draft was signed off by Te Taniwha o Waikato at a hui convened in Pukekohe on 16 February

9 2.9 Te Taniwha o Waikato contribution and ownership of this CIA At every stage of the development of this CIA, all parties have understood that Te Taniwha o Waikato own and are responsible for the messaging contained in the CIA. Whilst GMD Consultants have provided statutory guidance and assistance in communicating these messages, there should be no confusion that these messages belong to the collective. Te Taniwha o Waikato role as Kaitiaki is of upmost importance, and the collective will stand behind the values contained within this document in all forums where required Assessment Objectives Te Taniwha o Waikato have agreed the following Objectives to guide the development of the Cultural Impact Assessment: - Understand how the proposal differs from the current situation. - Communicate the values and uses of Te Taniwha o Waikato to submitters and decision makers. - Assess the ability of the options proposed to be consistent with the values identified. - Assess the ability of the options proposed to give effect to Te Ture Whaimana for the Waikato River. - Assess the ability of the options to give effect to the Waikato Regional Policy Statement. - Assess if the proposed options have had regard to the Waikato-Tainui Environmental Management Plan. - Provide recommendations, as to the preferred option and path forward for development. 3. Proposal 3.1 Application description The table below summarises the consents sought by Watercare, from Waikato Regional Council. Consent Activity to be Authorised Number 1 Discharge Permit to discharge up to 25,680 cubic metres per day of treated wastewater to the Parker Lane Stream from the Pukekohe WWTP. 2 Discharge Permit to discharge up to 36,000 cubic metres per day of treated wastewater to the Waikato River (via an in-river outfall and diffuser discharge structure) from the Pukekohe WWTP. 3 Discharge Permit to discharge contaminants to air, including odour, from activities associated with the Pukekohe WWTP. Term of Consent Three years from commencement of consent. A period commencing three years after the commencement of Consent #1, or on the surrender of Consent#1 (whichever occurs first), and expiring seven years after the commencement of Consent #1. Seven years from commencement of consent. 8

10 4 Discharge Permit to discharge treated wastewater (via seepage) to land and groundwater from activities associated with te Pukekohe WWTP. 5 Land Use Consent for the erection, placement, use, occupation and maintenance of an in-river outfall and diffuser discharge structure on the bed of the Waikato River at or about N and E. Seven years from commencement of consent. Seven years from commencement of consent. The Resource Consent application before the Waikato Regional Council is multi staged and seeks the utilisation of a Diffuser, which would be installed in the bed of the Waikato River. The resource consent seeks approval in years 1-3, of the current discharge location with the ability to increase the discharge. In years 3 7 approval is sought for the utilisation of a Diffuser located on the Waikato River bed, the upgraded system in year 4 onwards would see an MBR treatment system utilised. For the purpose of this CIA, four options are being assessed; as four options have been presented to Te Taniwha o Waikato by Watercare. The options have been considered as if they were being proposed in isolation as one off proposals and in the staged approach proposed. Given there a four options to consider and the length of text required to discuss the assessment, the full assessments are located in Appendix A and a summary of each option is located section 4. Statutory Context Proposal 4.1 The Waikato River Treaty Settlement On the 22 nd of August 2008 Waikato-Tainui and the Crown signed a Deed of Settlement (DOS) in relation to the Waikato River. Both parties agreed to enter into a new age of co-management over the Waikato River with an overarching purpose to restore and protect the health and wellbeing of the Waikato River for future generations. The Settlement is underpinned by two primary principles: 1) Mana o te Awa To the tribe the Waikato River is a tupuna who possesses its own mana and mauri. In turn, this endows a duty to care and protect; and a responsibility to advocate in the best interests of the Awa. The River is a representation of the tribe s spiritual authority and power and it harbours the mauri ora of the tribe. Ultimately, the health and wellbeing of the River is the health and wellbeing of Waikato-Tainui. 9

11 Mana o te Awa recognises that there are multiple layers of relationships : (i) River Iwi - in accordance with our tikanga, (ii) communities, (iii) stakeholders and (iv) polluters/high users. There is an expectation that a reciprocal relationship will develop and that ultimately all people will take on the responsibilities and obligations to respect and care for the River. The Settlement provided mechanisms to progress the achievement of Mana o te Awa and include: Te Ture Whaimana (Vision and Strategy for the Waikato River) Bringing together the Crown Agencies with their ad hoc approach to the management of the River and its resources; Primary policy setting document for the whole of the River; Focusses on the health and wellbeing of the River first and foremost; Objectives to be pursued in order to achieve the Vision. Waikato River Authority Governance body for the whole of the River; Guardian of Te Ture Whaimana (Vision and Strategy) Trustee for Waikato River Clean-up Trust representation Iwi & Crown. Waikato River Clean-up Trust Recipient entity of Clean-up Fund - compensation for poor management and degradation of the River. The mechanisms within the settlement are aimed at restoring and protecting the health and wellbeing of the River. What the tribe aspires to for the River, they also aspire to for Waikato Iwi as they are one and the same. 2) Mana Whakahaere Mana Whakahaere refers to the authority that Waikato-Tainui have established in respect of the Waikato River over many generations. Traditionally, mana whakahaere was the exercise of control of the river, including access to and management of the river and its resources. Mana whakahaere is implemented in accordance with tikanga and has always been exercised under the mana of the Kingitanga. The Settlement provided mechanisms to progress the achievement of Mana Whakahaere include: Accords Formal relationships to gain access to govt. departments and decision making. Joint Management Agreements Formal relationships with regional and local government and decision making. Fisheries Regulations and appointment of Kaitiaki 10

12 Provided for decisions making over fisheries. Iwi Management Plan Elevation of Plan and extension of its application values across the Catchment (land and water) Research Endowment o Reflect research as to needs, priorities for all of above. o Our people what are their priorities about the above? o Not just about the River also about what our people need and what the WRRT need to focus on to achieve identified needs. Co-management arrangements within the Settlement are intended to support and assist the tribe s aspirations for Mana Whakahaere. It was envisioned that through those arrangements Waikato-Tainui would be able to change its role from a group to be consulted to more meaningful roles in the management of our River and associated natural resources. Those roles now include ones of decision making, policy development as well as operational involvement Te Ture Whaimana Vision and Strategy for the Waikato River The Vision and Strategy was developed and published in 2008 under the auspices and direction of the Guardians Establishment Committee. Consultation hui, public open days and meetings with stakeholders and groups who had an interest in the River were held through the Waikato and Waipa River catchments. In addition submissions were called for and received which guided the formation of the final document. The Vision and Strategy responds to four fundamental issues as set out below: 1. The degradation of the Waikato River and its catchment has severely compromised Waikato River iwi in their ability to exercise mana whakahaere or conduct their tikanga and kawa; 2. Over time, human activities along the Waikato River and land uses through its catchments have degraded the Waikato River and reduced the relationships and aspirations of communities with the Waikato River; 3. The processes of the Waikato River have been altered over time by physical intervention, land use and subsurface hydrological changes. The cumulative effects of these uses have degraded the Waikato River; and 4. It will take commitment and time to restore and protect the health and wellbeing of the Waikato River. The Vision is consistent with the overarching purpose of the settlement between Waikato-Tainui and the Crown to restore and protect the health and wellbeing of the Waikato River. 4 There are 13 Objectives in Te Ture Whaimana of which 8 belong to Waikato-Tainui. It is intended that the Objectives be pursued in order to achieve the Vision contained in the document. The document also outlines 12 Strategies that will be implemented in order to achieve the Objectives. 3 Waikato River Settlement Case Study, p12 4 Vision and Strategy for the Waikato River, Waikato River Authority,

13 4.3 The Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 The Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act (the Act) was passed in The legislation gave effect to the agreements that were made when the Deed of Settlement was signed between Waikato and the Crown in The purpose of the Act is to (a) have regard to the settlement of raupatu claims under the 2009 deed: (b) recognise the significance of the Waikato River to Waikato-Tainui: (c) recognise the vision and strategy for the Waikato River: (d) establish and grant functions and powers to the Waikato River Authority: (e) establish the Waikato River Clean-up Trust: (f) recognise certain customary activities of Waikato-Tainui: (g) provide co-management arrangements for the Waikato River: (h) provide redress to Waikato-Tainui relating to certain assets: (i) recognise redress to Waikato-Tainui of the Kiingitanga Accord and other accords provided for in the schedule of the Kiingitanga Accord. Section 5 of the Act states that (1) The vision and strategy is intended by Parliament to be the primary direction-setting document for the Waikato River and activities within its catchment affecting the Waikato River. (2) This Act must be interpreted in a manner that best furthers (a) the overarching purpose of the settlement; and (b) subsection (1); and (c) the agreements expressed in the 2009 deed and the Kiingitanga Accord. Section 9 sets and out the scope of the Vision and Strategy and states that (1) The Waikato River and its contribution to New Zealand's cultural, social, environmental, and economic wellbeing are of national importance. (2) The vision and strategy applies to the Waikato River and activities within its catchment affecting the Waikato River. (3) The vision and strategy is Te Ture Whaimana o Te Awa o Waikato. As noted above the Vision and Strategy is intended by Parliament to be the primary direction-setting document for the Waikato River and activities within its catchment affecting the Waikato River. As such the Vision and Strategy is accorded significant weight in relation to other planning documents. 12

14 Section 11 of the Act requires that - (1) On and from the commencement date, the vision and strategy in its entirety is deemed to be part of the Waikato Regional Policy Statement without the use of the process in Schedule 1 of the Resource Management Act (2) As soon as reasonably practicable after the commencement date, the Council must (a) insert the vision and strategy into the policy statement without using the process in Schedule 1 of the Resource Management Act 1991; and (b) make consequential amendments to records and publications to reflect paragraph (a). (3) On and from the commencement date, the Council must ensure that the policy statement does not remain inconsistent with the vision and strategy for any longer than is necessary to amend the policy statement to make it consistent with the vision and strategy. (4) The vision and strategy prevails over the policy statement during any period of inconsistency described in subsection (3) While Section 12 sets out the effect of the Vision and Strategy on Resource Management Act planning documents. (1) The vision and strategy prevails over any inconsistent provision in (a) a national policy statement issued under section 52 of the Resource Management Act 1991; and (b) a New Zealand coastal policy statement issued under section 57 of the Resource Management Act (2) The Council must not review or amend under section 79 of the Resource Management Act 1991 the vision and strategy inserted in the Waikato Regional Policy Statement. (3) A local authority must not amend under section 55 of the Resource Management Act 1991 a document defined in section 55(1) of the Act if the amendment would make the document inconsistent with the vision and strategy. (4) A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a national environmental standard made under section 43 of the Resource Management Act 1991, if it is more stringent than the standard. (5) A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a water conservation order made under section 214 of the Resource Management Act 1991, if it is more stringent than the order. Te Taniwha o Waikato understand the legal issues surrounding the Vision and Strategy for the Waikato River. The absence of an operative Waikato Regional Plan, which gives effect to the Vision and Strategy creates a temporary void in interpreting the Vision and Strategy. This temporary void provides for opportunistic applicants to seek consent where they have regard to the vision and Strategy rather than give effect to it. Te Taniwha o Waikato are of the opinion that this is unacceptable and an application of this significance and potential life cycle, should quite fairly be considered similarly to a regional policy 13

15 statement, which impacts are anticipated to be observed for generations. For this reason, Te Taniwha o Waikato will maintain the integrity of the Vision and Strategy and its direction setting intent of the document and require applicants to give effect to the Vision and Strategy for their assessment purposes. Furthermore, depending on when this application is assessed the above discussion may indeed be remedied by a Waikato Regional Plan that gives effect to the Vision and Strategy for the Waikato River. 4.4 Kiingitanga Accord The purpose of the Kingitanga Accord is to: a) oversee and protect the integrity of the agreements set out in the deed of settlement and the settlement legislation; b) affirm the commitment of the Crown and Waikato-Tainui to enter a new era of co-management over the Waikato River for the overarching purpose of restoring and protecting the health and wellbeing of the Waikato River for future generations; c) record and provide for those matters that must be completed to bring into effect certain instruments and agreements comprising parts of the settlement package agreed in the deed of settlement; and d) provide a framework for an enhanced relationship between the Crown and Waikato-Tainui that protects the integrity of the settlement and achieves co-management of the Waikato River. The Kiingitanga Accord confirms a high level relationship agreement between the Kiingitanga, tribe and the Crown that operates on a rangatira ki te rangatira (sovereign to sovereign) basis. The Accord upholds and maintains key fundamental understandings that have been reached and enshrined in legislation and provide an overarching framework for how Waikato and the Crown will deal with each other over the implementation of the settlement, co-governance and co-management. The Treaty of Waitangi and its principles apply to the Kiingitanga Accord and the relationship between the Crown and Waikato-Tainui reflected in the Kiingitanga Accord. 4.5 Treaty of Waitangi The Treaty of Waitangi created a partnership between the Crown and Maori and imposes a number of obligations on both parties. Under Article II of the English version of the Treaty the Crown confirmed Maori the the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession. Section 8 of the Resource Management Act requires all persons exercising functions and powers under it to take into account the principles of the Treaty of Waitangi. It should be noted that the "principles" of the Treaty are not the same as the Treaty of Waitangi itself. These "principles" have been developed from debate and case law over the exact meanings of the words and represent a summary of the basic concepts and agreements contained within the Treaty of Waitangi (English and Maori versions). These principles 14

16 which now appear to various New Zealand statutes such as the RMA, are of particular importance to tangata whenua in terms of management of resources. To tangata whenua those principles, based on interpretations by the Courts and the Waitangi Tribunal and as applied in the context of sustainable management of natural and physical resources under the Act, mean, as follows: The Principle of Te Tino Rangatiratanga Te tino rangatiratanga (full chiefly authority) over resources including lands, forests, fisheries and other taonga were guaranteed to Maori under Article II of the Treaty. Tino rangatiratanga includes tribal selfregulation of resources in accordance with their own customary preferences. Tino rangatiratanga was not, nor was it ever intended to be, relinquished or given away by Maori to the Crown. For Te Taniwha o Waikato this is of heightened significance in this context, as the Waikato River is viewed as an ancestor, Awa Tupuna (ancestral river) and Waikato-Tainui view the river as an indivisible entity so any harm to the mauri (life force) of the river is considered to be harmful to the mauri of the Waikato-Tainui people. The ability to contribute to the governance of the Waikato River, is fundamental in ensuring its health and wellbeing. The Principle of Partnership The Treaty signified a partnership between Maori tribes and the Crown. The exchange of promises under Articles I and II of the Treaty is seen as an exchange of gifts. The gift of the right to make laws and the promise to do so as to accord the Maori interest in appropriate priority. Utmost good faith, reasonable cooperation and compromise are fundamental to this concept of a partnership. For Te Taniwha o Waikato this means the continued development of a co-governance framework, where the mauri of the Waikato River is nurtured and restored through the utilisation of western science and matauranga maori knowledge networks. The Principle of Kawanatanga Kawanatanga, as ceded by Maori under Article I of the Treaty, gave the Crown the right to govern and to make laws applying to everyone. The delegation of resource management powers by the Crown to local authorities under the Act means that those authorities can make policies, set objectives and make rules affecting the management of natural and physical resources, subject to the guarantee of tino rangatiratanga to Maori and recognition of the partnership between Maori and the Crown. For Te Taniwha o Waikato this means also playing a meaningful role in the co-governance of the Waikato River. In this context, it is the people of Te Taniwha o Waikato that will witness first-hand the outcomes of the decisions made. The Principle of Active Partnership and Consultation The spirit of the Treaty calls for Maori to have a much greater say in the management of the environment. Effective, early and meaningful consultation is an integral and necessary component and forerunner to greater participation by Maaori in resource management decision-making. 15

17 For Te Taniwha o Waikato this means more than alerting or informing those within the rohe that a development is about to impact upon their Awa Tupuna. The people of Te Taniwha o Waikato were practising resource management before this region was colonised, it is only sensible that contributions are sought from Te Taniwha o Waikato to how best to manage this significant resource. The Principle of Active Protection The guarantee of te tino rangatiratanga given in Article II is consistent with an obligation to actively protect Maori people in the sue of their lands, water and other protected taonga, to the fullest extent practicable. In the context of resource management, the various elements which underlie and are fundamental to a spiritual association with the environment (including mauri, tapu, mana, tikanga and wairua) may all fairly be described as taonga that have been retained by Maori in accordance with Article II of the Treaty. The principle of active protection therefore extends to the spiritual values and beliefs of Maori. For Te Taniwha o Waikato this means not only the protection of physical resources with the Waikato River, but the spiritual connection to the river. This could be in the form of the many Taniwha identified upon the Waikato River or the sites utilised for ceremonial purposes or those sites of historical significance relayed through generations. The Principle of Resource Development Article III of the Treaty gave to Maori the same rights and duties as other New Zealand citizens. The Treaty guaranteed to Maori retention of their property rights under Article II, and the choice of developing those rights under Article III. To Maori, the efficient use and development of what are in many ways currently underutilised resources is a very important principle of the Treaty in the context of resource management under the Act. Tangata whenua seek restoration and enhancement of their resources such as the Waikato River, in accordance with their own needs and aspirations, and as set out in Te Ture Whaimana. Strategy. Recognition of the ability and need for marae whanau to develop their resources in a manner which achieves the purposes of the Act is a fundamental principle embodied in the Treaty. 4.6 Waikato-Tainui Environmental Plan The overarching purpose of the Plan is to provide a map or pathway that will return the Waikato-Tainui rohe to the modern day equivalent of the environmental state that it was in when Kiingi Taawhiao composed his maimai aroha. To do this, the Plan seeks to: Provide the overarching position of Waikato-Tainui on the environment; Consolidate and describe Waikato-Tainui values, principles, knowledge and perspectives on, relationship with, and objectives for natural resources and the environment; Underpin the development of a consistent and integrated approach to environmental management within the Waikato-Tainui rohe; Describe Waikato-Tainui environmental issues; Provide tools to enhance Waikato-Tainui mana whakahaere and kaitiakitanga, particularly when participating in resource and environmental management through: 16

18 (a) Influencing the development of all environmental policies and plans that affect Waikato- Tainui; (b) Establishing a framework for resource and environmental management to support tribal members, whether as whaanau, marae, hapuu, or whatever grouping Waikato-Tainui, from time to time, choose to adopt; (c) Providing mechanisms to restore and protect the natural environment of Waikato-Tainui, whilst recognising the reasonable needs of local communities; (d) Actively contributing to the co-management of the Waikato River; (e) Influencing local and national decision makers; (f) Providing a guide for resource users or developers in the Waikato-Tainui rohe; (g) Affecting how and where development may occur; and (h) Providing clear and consistent issues statements, policies, and methods to manage natural resources Provide guidance to external agencies regarding Waikato-Tainui values, principles, knowledge and perspectives on, relationship with, and objectives for natural resources and the environment. 7 Towards Environmental Enhancement. This section promotes and requires applicants and resource users to move beyond neutral or mitigation to positive outcomes states Sustainability requires the resource to be maintained at specified level so that future generations can enjoy the same quality use of the land, air and water resources that we do currently. The enhancement approach aims not to maintain but, through our actions, to improve the quality of the environment for future generations. The weight and consideration that should be given to the Waikato-Tainui Environmental Plan are stated below Te Ture Whaimana is reflective of the Waikato-Tainui vision, objectives, and strategies for the Waikato River and Waikato-Tainui expects that any resource users or activity operators that could directly or indirectly have an effect on the Waikato River and its tributaries undertakes such resource use or activity consistent with Te Ture Whaimana and this Plan Additionally, Waikato-Tainui considers Te Ture Whaimana can be used as a benchmark or guide for all other streams, rivers and waterways within the Waikato-Tainui rohe. This is particularly true where Waikato-Tainui have not endorsed a vision, objective or strategy for other streams, rivers and waterways or where no vision, objective or strategy exists. The identification of issues in the Waikato-Tainui Environmental Plan gives guidance as to the priorities for Waikato-Tainui, below are those that relate to the Waikato River Issues Te Ture Whaimana prevails 17

19 Legislation confirms that Te Ture Whaimana prevails in the event of any inconsistency between Te Ture Whaimana and other national and regional planning documents. At a resource management level it is critical that resource management occurs in a manner that contributes to and is consistent with Te Ture Whaimana. 4.7 Other Statutory Documents Further overarching documents have been considered at a high level and in regard to the guiding principles of iwi resource management. Like the consideration of the Treaty of Waitangi, the Resource Management Act Sections that relate to Maori involvement in resource management have been considered and how the process has taken Te Taniwha o Waikato resource management approaches into consideration. Documents such as the National Policy Statement for Freshwater Management, that set thresholds or requirements, have been considered against each of the options. 4.8 Resource Management Act The purpose of the Resource Management Act 1991 (RMA) is to promote the sustainable management of natural and physical resources. Section 6 of the RMA recognises the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu and other taonga as a matter of national importance. Section 7 of the RMA states that all persons exercising powers and functions under the RMA shall have regard to kaitiakitanga, which the RMA defines as the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship. Section 8 of the RMA states that in achieving the purpose of the RMA, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). The RMA further affirms both the guarantee set out in Article 2 of the Treaty, as well as the rights and responsibilities of the Tangata Whenua. Other RMA provisions that confirm Tangata Whenua as kaitiaki include ss 61, 66 and 74, with relevant local authorities required to consider iwi management plans (or other iwi planning documents) when preparing policies and plans. Section 33 enables local authorities to transfer powers of authority to iwi authorities thus recognising the status of tangata whenua as both kaitiaki and a Crown partner. 4.9 National Policy Statement on Freshwater Management National policy statements are issued by central government under the RMA for matters of national significance. The National Policy Statement for Freshwater Management (NPSFM) provides national level guidance for the management of fresh water bodies such as lakes, rivers and streams. The NPSFM requires regional councils to recognise the national significance of fresh water for all New Zealanders and Te Mana o te Wai (the mana of the water). The NPSFM 2014 introduced a set of national bottom lines to achieve two compulsory values (ecosystem health and human health for recreation). No council can set a freshwater objective below a national bottom line. Water quality cannot be allowed to degrade across a region. However under the Waikato-Tainui Raupatu claims (Waikato River) Settlement Act 2010, the Waikato River Authority s vision and strategy 18

20 document prevails over any provisions in the NPSFM that are inconsistent with it. The vision and strategy requires the Waikato River to be restored according to Waikato-Tainui tikanga and that its entire length be safe to swim in and take mahinga kai (food) from. This requirement prevails over the national bottom lines for human health of the NPSFM. Under the RMA, decision makers (such as local authorities) are required to have regard to the provisions of the NPS in consenting decisions and to have regard to the provisions in their regional plans. Consenting decisions include decisions on resource consent applications. 5. Te Taniwha o Waikato Values and Interests 5.1 Values and Uses This section communicates the Values and Uses that the people of Te Taniwha o Waikato associate with the Waikato River and its environs. 5.2 Whakapapa Whakapapa provides the connection between tangata whenua and their natural resources. All are descended from Ranginui and Papatuanuku therefore all are related. Recognition of this familial relationship gives rise to the responsibility of tangata whenua to manage and care for their environmental family. The health and wellbeing of the environment is the health and wellbeing of tangata whenua. 5.3 Whanaungatanga Whanaungatanga comprises the interrelationships between people, place and resources. Ensuring that those relationships remain intact and any potential impacts to those relationships are negated or minimised. Te Taniwha o Waikato Perspective: Whanaungatanga encompasses the myriad of relationships that tangata whenua have with all members of their whanau. Caring for the environment and our shared experiences are all part of that relationship. The shared whakapapa, belonging to place, caring for our natural resources and being cared for in return through the ability to use those resources strengthens and maintains the relationships. Ahi ka roa To safeguard those who have passed over, To safeguard those who have become successors. 5.4 Rangatiratanga Rangatiratanga denotes the absolute mana not only to possess what is yours, but to control and manage it without interference and in accordance with the preferences of the rangatira. Rangatiratanga in relation to the environment became a casualty of the confiscations of 1863 when Waikato lost their lands and waterways and all associated ecosystems and natural resources. 19

21 While it may never be returned to that level of absolute management and decision making the Waikato River Settlement does provide mechanisms for the greater protection of the Waikato River and the involvement of tangata whenua. One of the main principles of the River Settlement is Mana Whakahaere. 5.5 Mana Whakahaere Mana whakahaere entails the exercise of rights and responsibilities to ensure that the balance and mauri (life force) of the River are maintained. It is based in recognition that if we care for the River, the River will continue to sustain the people. In customary terms mana whakahaere is the exercise of control, access to and management of the River, including its resources in accordance with tikanga (values, ethics governing conduct), by each of the communities along the River to protect it and ensure its wellbeing. 5 Te Taniwha o Waikato Perspective: While the management of the natural resources confiscated and/or legislated away from Waikato it did not take away the responsibility that the tribe had to care for the River and its resources. Mana whakahaere is aspired to at all levels nationally regionally and locally. Te Taniwha upholds and ensures the expression of mana whakahaere at the local level so that the voice, concerns and kaitiaki role of haukainga is not lost. 5.6 Kaitiakitanga Prior to the land wars and resulting confiscation of Waikato lands in 1863, Waikato were undisputed kaitiaki of their taonga. Despite the loss tangata whenua still have an inherited responsibility to protect and nurture their natural resources. Waikato learnt and long recognised that, in order for the environment to sustain life, people in turn, had to protect and sustain the environment. Waikato strives to ensure that kaitiakitanga is inherent in all its actions. Te Taniwha o Waikato Perspective: This role has changed over time, we had no choice a lot of the discharges or issues we have to deal with today were not in existence when our tupuna were learning their environment or developing their tikanga however the underlying values remain the same. For the people of Te Awamarahi Marae The river and tangata whenua go hand in hand, we have known nothing else but to take ownership as kaitiaki of looking after this life source for if this life source was not here nor would tangata whenua 5 Deed of Settlement in Relation to the Waikato River; p 14 20

22 5.7 Mauri Mauri is the energy from which all life generates, resonating within all things throughout the environment; natural or built. While there are intangible qualities associated with the management of the natural resources the vitality of the mauri can be gauged through the assessment of the health and wellbeing of ecosystems, natural resources affiliated with those, and the resilience of relationships between people, their culture and the environments to which they associate In the findings of the Waitangi Tribunal on the Manukau Claim the Tribunal accepted that taonga is not just a tangible value: A river may be a taonga as a valuable resource. Its mauri or life force is another taonga. We accept that the Mauri of the Waikato River is a taonga of the Waikato tribes. 6 Te Taniwha o Waikato Perspective: Whenever someone has a concern about the River my first question tends to be Is it still flowing? As long as my River flows, it s alive as long we believe the River lives. A holistic approach to caring for the River therefore, requires the tangible and intangibles of the River to be restored and protected from land to sea. Enhancing and maintaining the mauri of lands and waterways to ensure the ongoing capacity of both to sustain the natural resources dependent on them is of paramount importance to tangata whenua. 5.8 Hauanga Kai Hauanga kai refers to the places where food was produced or collected. There are tikanga associated with hauanga kai. Harvest methods, quota and the care to be taken of the hauanga kai habitat are all part of the traditions and behaviours related to the gathering of food. The waterways were once a major provider of our kai. Some of our kai was Whitebait, Tuna, Mullet, Kahawai, Pokotehe, Mohimohi, Tawhara, Birds, Birds eggs, Kaeo, and further out Patiki, Pipi and Oysters. Te Taniwha o Waikato Perspective: We used to leave our corn ad maize in the River for three months to ferment thus producing kaagawai (a delicacy to Maaori), but this method of fermenting cannot be done now because the quality of the water is contaminated. We have to use tank or bore water now. Water quality is important to the health and wellbeing of hauanga kai. Without good water quality hauanga kai cannot sustain adequate populations of food species for tangata whenua. The quality of what is able to be harvested is also impacted sometimes to the point where they are not fit for human consumption. 6 Finding of the Waitangi Tribunal on the Manukau Claim: cited in the Waikato River Taiapure Application 1992, Huakina Development Trust, p42. 21