Attachment B Te Taniwha o Waikato Cultural Impact Assessment 2017

Transcription

1 Attachment B Te Taniwha o Waikato Cultural Impact Assessment 2017

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 GMD Consultants 0

3 Foreword The following Cultural Impact Assessment (CIA) has been developed in two stages as a response to the options presented by Watercare Services Limited (Watercare), to address the wastewater resource consent sought at Parker Lane Stream. The development of these options, and the varying issues associated with such a consent, have required significant inputs from river iwi, in particular Te Taniwha o Waikato. Te Taniwha o Waikato have achieved a great deal in engaging with Watercare to develop an option that benefits all river users, which sees Watercare investing in New Zealand s most advanced water quality technology. To understand and appreciate the efforts undertaken by Te Taniwha o Waikato and Watercare, one has to understand how the options and the CIA developed over time. The following is a timeline that represents significant milestones in the project. Timeline February 2015 May 2015 June 2015 June November 2015 December 2015 February 2016 June 2016 August 2016 September 2016 October 2016 Resource Consent Application made by Watercare, to discharge treated wastewater to the Waikato River, including four alternative river discharge options. Te Taniwha o Waikato engage GMD Consultants to facilitate the development of the Cultural Impact Assessment (CIA). CIA development progressed with a series of hui involving the nine marae of Te Taniwha o Waikato. CIA developed. Engagement with Te Taniwha o Waikato and Watercare occurred throughout the process. Each marae contributed their values and uses for the Waikato River. Final review of CIA undertaken by Te Taniwha o Waikato. Te Taniwha o Waikato present CIA to Watercare staff. Included are recommendations that should be considered by Watercare. Te Taniwha o Waikato present the CIA to the Watercare Board. Watercare staff present a new option that has been developed in recognition of the concerns and recommendations presented in the CIA Watercare present a set of conditions that they would like considered as part of the forthcoming new application. Watercare request a meeting with Te Taniwha o Waikato to discuss previously unseen (by Te Taniwha o Waikato) options, which will form part of the Assessment of Environmental Effects for the new application. Watercare lodge a revised application for the discharge of Wastewater to the Waikato River. Te Taniwha o Waikato assess the new options presented by 1

4 Watercare and give consideration to the alternatives considered in the Assessment of Environmental Effects. November 2016 January 2017 Draft CIA circulated to Te Taniwha o Waikato for discussion and approval. Final CIA circulated to Te Taniwha o Waikato and Watercare. Hui were held regularly throughout the process to ensure all parties were aware of the progress being made. These meetings included feedback to Watercare about the shortcomings that the CIA had identified in the original application. Document Explanation To fully understand this document, the reader must consider the milestones referenced above and how this document is now constructed. This document is set out in six parts: Part A: Introduction and statutory context for assessing the discharge options Part B: Te Taniwha o Waikato Values and Uses associated with the Waikato River Part C: Preferred option assessment Part D: Alternate option assessment Part E: Conclusions and recommendations Part F: Appendices This CIA incorporates the original document presented to Watercare in February The original CIA (now located in Appendix C) addresses the four options included in the Watercare Resource Consent application dated February 2015, and the values and uses that Te Taniwha o Waikato associate with the Waikato River. The original CIA also assessed the proposed options against the most relevant legislation, in particular, the Vision and Strategy for the Waikato River, National Policy Statement on Freshwater Management (NPSFM) and the Waikato-Tainui Environmental Plan - TAI TUMU TAI PARI TAI AO. Significantly, the original CIA made a series of recommendations that Watercare should consider and address, should they seek to pursue the resource consent application. A series of hui with Watercare and Te Taniwha o Waikato followed and have resulted in the new and improved application being lodged. This CIA now reflects the extensive background work undertaken previously, and an updated assessment of the new proposed option. The Values and Uses of the nine marae remain unchanged and are largely responsible for the improved proposal now being considered. It should be noted that the alternative options considered in the AEE, were not presented to Te Taniwha o Waikato until August 2016, these new options consider alternatives other than a river discharge or a hybrid of approaches that include land, river, sea or reuse options. These alternate options have required Te Taniwha o Waikato to assess the proposals impacts beyond the Waikato River effects. 2

5 This amended CIA will not only look at the new application and proposed conditions, but also provides a Te Taniwha o Waikato perspective on the shortlist of alternatives considered in the AEE. The AEE is required to consider these alternatives and assess them against the preferred option. From a Te Taniwha o Waikato perspective, consideration must be given to all of these options to best support the Waikato River and the people of Te Taniwha o Waikato as its kaitiaki. 3

6 Table of Contents Foreword... 1 Timeline... 1 Document Explanation... 2 PART A Introduction Being Understood Purpose and Status of this Cultural Impact Assessment Tangata Whenua Te Taniwha o Waikato Marae Locations Method Municipal Wastewater Consent Audit Values Hui Legislation and Document Assessment Drafting of the CIA Te Taniwha o Waikato Review and Sign-off Te Taniwha o Waikato contribution and ownership of this CIA Assessment Objectives Proposal Application description Statutory Context The Waikato River Treaty Settlement Principle One: Te Mana o te Awa Principle Two: Mana Whakahaere Te Ture Whaimana Vision and Strategy for the Waikato River 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 for Freshwater Management PART B Te Taniwha o Waikato Values and Uses Whakapapa Whanaungatanga Rangatiratanga Mana Whakahaere Kaitiakitanga

7 5.6 Mauri Hauanga Kai Natural Resources for other Cultural Uses Waahi Tapu Water Use Human health Ecosystem health Natural form and Character PART C Assessment of Preferred Option Option F3: Enhanced Nutrient Removal Membrane Bioreactor + UV Upgrade and Discharge to Parker Lane Stream Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River National Policy Statement for Freshwater Management (NPSFM) Waikato-Tainui Environmental Plan Preferred Option Summary PART D Assessment of Alternative Options Option F1: Land application - of median daily volume of treated wastewater with the balance during wet weather periods either stored or discharged to the Parker Lane Stream via constructed wetlands. Treatment: MBR + UV disinfection (double barrier) Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River National Policy Statement for Freshwater Management (NPSFM) Waikato-Tainui Environmental Plan Option F2: Tasman Sea Offshore Outfall Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River National Policy Statement for Freshwater Management (NPSFM) Waikato-Tainui Environmental Plan Option F4: Aquifer Recharge for potable reuse and other water supply use and other water supply use with the balance during wet weather periods either stored or discharges to the Waikato River or Parker Lane Stream Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River National Policy Statement for Freshwater Management (NPSFM) Waikato-Tainui Environmental Plan Option F5: Beneficial Reuse and Option F3 for balance of treated discharge Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River National Policy Statement for Freshwater Management (NPSFM) Waikato-Tainui Environmental Plan Additional Considerations Whanganui River Claim PART E

8 8. Conclusions and Recommendations Te Taniwha o Waikato position on the proposal Recommendations PART F Appendix A Marae Maps Appendix B - Statutory Review of Preferred Option Option F3: Enhanced Nutrient Removal Membrane Bioreactor + UV Upgrade and Discharge to Parker Lane Stream National Policy Statement for Freshwater Management Waikato-Tainui Environmental Plan Appendix C 2015 Resource Consent & CIA Summary Application description 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 for 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 for 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 for 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 for Freshwater Management Waikato-Tainui Environmental Plan Micro-Bio Reactor or Membrane-Filtration Technology (MBR) Conclusions and Recommendations Te Taniwha o Waikato position on the proposal Recommendations Appendix D - Municipal Discharge Audit

9 PART A 1. Introduction 1.1 Being Understood 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 waka 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 Waikato 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). Oral histories record the association of 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, authority over the 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 was placed under the jurisdiction of many different authorities 1. From the 1800s the Rivers associated wetlands were drained, its banks planted with willows that choked its streams and 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 had been attributed to changes in its ecology, and flooding would remain a concern to the present. Between the 1920 s and 1960 s the entire upper reaches of the River had been earmarked for development. The dramatic rapids and steep gorges were dammed to harness the River s power and to generate hydroelectricity. Thermal stations were built by the River at Meremere in the late 1950 s and at Huntly in the 1970 s. Massive amounts of sand and shingle were extracted from the River bed. These were years when there was very little consultation on major developments. 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. 1 The Waikato River Report: Volume 1: Historical Report, Centre for Maori Studies & Research, University of Waikato, 1999, pp 1-3 7

10 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. Tangata whenua of the Lower Waikato River have concerns regarding the proposal by Watercare Services Ltd to increase the amount of wastewater discharged to the Waikato River via Parker Lane Stream. Te Taniwha o Waikato, a collective representing tangata whenua, have requested the commissioning of this Cultural Impact Assessment. The assessment is to consider the impact of Watercare s proposal on the cultural values of tangata whenua of the Lower Waikato River. 1.2 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 will lay 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 Te Ture Whaimana (Vision and Strategy) for the Waikato River, or expectations for engagement through the Resource Management Act 1991 (RMA). The CIA also highlights the ability of the proposal to give effect to, or to be consistent with the relevant documents guiding development in and 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. 1.3 Tangata Whenua The Te Taniwha o Waikato Collective consists of representatives from nine Marae of the Lower Waikato that is home to 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 2 The Waikato River Report: Volume 1: Historical Report, Centre for Maori Studies & Research, University of Waikato, 1999, pp 1-3 8

11 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, and whose rohe is encapsulated within the following tongi (saying): 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. In light of the applications from Watercare with regard to the Pukekohe Wastewater Treatment Plant, through this CIA, Te Taniwha o Waikato seek to articulate their cultural and spiritual values in relation to the Waikato River. 9

12 View down river from Tikirahi with Tauranganui Marae and Papakainga in the distance. (PHOTO: C. van Schravendijk-Goodman, 2014) 1.4 Te Taniwha o Waikato Marae Locations Maps and photos are included in Appendix A to highlight the location of the Marae and their relationship with the Waikato River. 2. Method Preparation of this CIA has 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. GMD Consultants primary responsibility in this process has been to provide the framework for the statutory assessment and the communication of values. The values and uses are those of Te Taniwha o Waikato. These values and uses remain consistent throughout the many iterations to the proposal. 2.1 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 D. 10

13 2.2 Values Hui A series of hui were held with 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. 2.3 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. While there are extensive legislation and planning documents that are applicable to a resource consent application affecting the Waikato River, a targeted approach has been adopted to include those documents that have the ability to guide or assess proposals. The legislative context changed from the original application to the time where this current application was lodged, in particular Healthy Rivers Wai Ora Plan Change was notified on 22 nd October 2016.This plan change contains provisions that become operative upon notification. The RMA was amended in 2009 to change when rules have legal effect and plan weighting by way of the introduction of ss86b-g. Section 86B of the RMA states that a rule that protects or relates to water, air or soil (for soil conservation purposes) will have immediate legal effect. Immediate legal effect means on and from the date that the plan provisions are publicly notified. However, on the 3 rd of November 2016 an area of the Healthy Rivers Wai Ora Plan was withdrawn due to legal challenges from Hauraki iwi. Included in this area is Parker Lane Stream and subsequently this wastewater discharge. It is anticipated that the withdrawn area will re-join the plan change in the next 12 months. As a result, the area withdrawn (including the application) is not subject to an operative Regional Plan that gives effect to the Vision and Strategy for the Waikato River. The CIA also addresses the alternatives considered but ultimately dismissed as options by Watercare Services Limited. This assessment is additional to what was prepared for the 2015 application which did not contain these alternate options, which were not all reliant on a Waikato River discharge. 2.4 Drafting of the CIA The drafting of the CIA has been undertaken by GMD Consultants. The development of the values and uses in the CIA has been guided by Te Taniwha o Waikato. To ensure that what had been 11

14 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. 2.5 Te Taniwha o Waikato Review and Sign-off An official review by Te Taniwha o Waikato was undertaken on 16 December 2015 of the original application. This review ensured 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. The final draft Cultural Impact Assessment was signed off by Te Taniwha o Waikato at a hui convened in Pukekohe on 16 February It was then later provided to Watercare. This revised CIA was provided to Te Taniwha o Waikato for final review on 19 December 2016 and finalised on January 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 messages conveyed in the CIA. While GMD Consultants have provided statutory guidance and assistance in communicating these messages, there should be no confusion that these messages belong to Te Taniwha o Waikato. Their role as Kaitiaki of the Waikato River is of upmost importance, and the collective will stand behind the values contained within this document in all forums where required. 2.7 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 and previous proposals or alternatives. 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 and the Waikato Regional Policy Statement. Assess whether the proposed options have had regard to the Waikato-Tainui Environmental Management Plan. Provide recommendations for the preferred option and path forward for development. 12

15 3. Proposal 3.1 Application description Three resource consents are sought from Waikato Regional Council all of which are associated with the discharge of wastewater to the Waikato River. Resource consent number 1 seeks approval for: Discharge of up to 104,800 cubic metres of wastewater at existing treatment levels in years 1 4 (stage 1) whilst the proposed design and engineering is developed for the enhanced nutrient removal Membrane Bioreactor (MBR) installation. Discharge of up to 104,800 cubic metres of wastewater in years 5 35 using enhanced nutrient removal MBR and UV upgrade. Resource consent number 2 seeks: to discharge contaminants to air (including odour) associated with treatment of the wastewater at the Pukekohe Wastewater Treatment Plant. Resource consent number 3 seeks: to discharge treated wastewater (via seepage) to land and groundwater from activities associated with the Pukekohe Wastewater Treatment Plant. For the purpose of this CIA, four shortlisted options are being assessed, in addition to the option presented in this application. The options have been considered as if they were being proposed in isolation as one off proposals. The table below summarises the consents sought by Watercare, and submitted to Waikato Regional Council. Consent Number Activity to be Authorised Term of Consent 1 Discharge Permit to discharge up to 104,800 cubic metres per day of treated wastewater to the Parker Lane Stream from the Pukekohe Wastewater Treatment Plant. 35 years from commencement of consent. 2 Discharge Permit to discharge contaminants to air, including odour, from activities associated with the Pukekohe Wastewater Treatment Plant. 35 years from commencement of consent. 13

16 3 Discharge Permit to discharge treated wastewater (via seepage) to land and groundwater from activities associated with the Pukekohe Wastewater Treatment Plant. 35 years from commencement of consent. 4. Statutory Context The following section discusses the statutory context the Watercare application is considered against, from the perspective of Te Taniwha o Waikato. The legislation, settlements and guiding policy referenced are in most situations connected and present a holistic approach to promoting the health and wellbeing of the Waikato River. 4.1 The Waikato River Treaty Settlement On December 17 th 2009 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: Principle One: Te Mana o te Awa To Waikato-Tainui 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 iwi s spiritual authority and power and it harbours the mauri ora of the tribe. Ultimately, the health and well-being of the River is inextricably tied to the health and well-being of Waikato-Tainui. Te Mana o te Awa recognises that there are multiple layers of relationships: River Iwi - in accordance with our tikanga, Communities, Stakeholders, 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 provides a number of mechanisms to progress the achievement of Te Mana o te Awa and include: 14

17 Te Ture Whaimana (Vision and Strategy for the Waikato River), a document that: Brings together the Crown Agencies with their ad hoc approach to the management of the River and its resources; Is the primary policy setting document for the whole of the River; Focusses on the health and wellbeing of the River first and foremost; Outlines objectives and policies to be pursued in order to achieve the Vision. The Waikato River Authority sets the primary direction through the Vision and Strategy to achieve the restoration and protection of the health and wellbeing of the Waikato River for future generations. The Authority also acts as a trustee for the Waikato River Clean-Up Trust, which funds rehabilitation initiatives for the Waikato River. Waikato River Clean-up Trust- the recipient entity of the Clean-up Fund. This contestable fund provides compensation to groups and individuals who are working to improve on 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. Principle Two: 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 Kiingitanga. The Settlement provided mechanisms to progress the achievement of Mana Whakahaere including: Accords- Formal relationships to gain access to government departments and decision making. Joint Management Agreements- Formal relationships with regional and local government and decision making. Fisheries Regulations and appointment of Kaitiaki- Provided for decision-making over fisheries. Iwi Management Plan- Elevation of Plan and extension of its application values across the Catchment (land and water) Research Endowment Reflecting research in to needs and priorities for all of the above. Our people what are their priorities? 15

18 Not just about the River also about what 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 the River and associated natural resources. Those roles now include decision-making and 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 time and commitment 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,

19 4.3 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-Tainui 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 directionsetting document for the Waikato River and activities within its catchment affecting the Waikato River. 17

20 As such the Vision and Strategy is accorded significant weight in relation to other planning documents and the assessment undertaken in relation to the proposed discharge. 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) (b) insert the vision and strategy into the policy statement without using the process in Schedule 1 of the Resource Management Act 1991; and 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. 18

21 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 only 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. An application of this significance and potential life cycle should be considered to have similar effects to that of a Regional Policy Statement, on the basis that the impacts are anticipated to be observed for generations. For this reason, Te Taniwha o Waikato will uphold the integrity of the Vision and Strategy and require that all applicants give effect to the Vision and Strategy for their assessment purposes. 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 comanagement over the Waikato River for the overarching purpose of restoring and protecting the health and well-being 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-Tainui 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 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 19

22 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, which now appear in 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 self-regulation 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, because the Waikato River is viewed as an Awa Tupuna (ancestral river) and Waikato-Tainui view the river as an indivisible entity. 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 co-operation and compromise are fundamental to this concept of a partnership. To 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, ceded by Maori under Article I of the Treaty, gave the Crown the right to govern and to make laws applying to everyone. Resource management powers were devolved to Local Authorities under the Resource Management Act. This means that Local Authorities can set objectives and policies, and make rules affecting the management of natural and physical 20

23 resources. This is subject to the guarantee of tino rangatiratanga to Maori and recognition of the partnership between Maori and the Crown. Te Taniwha o Waikato interpret this as 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 firsthand 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 Maori in resource management decisionmaking. For Te Taniwha o Waikato this means more than alerting or informing those within the rohe that a development will 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 on 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 use 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. In Te Taniwha o Waikato s view this means not only the protection of physical resources associated with the Waikato River, but also the spiritual connection to the river. This could be in the form of the many taniwha identified along the Waikato River, 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 Maori the same rights and duties as other New Zealand citizens. The Treaty guaranteed Maori the 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 relation to resource management under the Act. Tangata whenua seek restoration and enhancement of their resources, like the Waikato River, in accordance with their own needs and aspirations, and as set out in Te Ture Whaimana. 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. 21

24 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: (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. 5 Section seven, Towards Environmental Enhancement promotes and requires applicants and resource users to move beyond neutral impact to positive environmental outcomes. Paragraph states Sustainability requires the resource to be maintained at a 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. 5 Tai Tumu Tai Pari Tai Ao- Waikato-Environmental Plan 2013, p16. 22

25 The weight and consideration that should be given to the Waikato-Tainui Environmental Plan is stated below. Section : 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. Section : 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 on the priorities for Waikato-Tainui, below are those that relate to the Waikato River. Issue Te Ture Whaimana prevails. 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. The proposed options put forward by Watercare have been assessed against the relevant sections of the Resource Management Act 1991 and the National Policy Statement for Freshwater Management, to ensure that the proposal does not adversely impact on the values and uses of Te Taniwha o Waikato. 4.8 Resource Management Act 1991 The purpose of the Resource Management Act 1991 (RMA) is to promote the sustainable management of natural and physical resources. The sections of the RMA that are particularly relevant to this Assessment are sections 5, 6, 7 and 8. Section 5 of the RMA sets out the purpose of the Act, which is sustainable management of natural and physical resources. Sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while (a) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and 23

26 (b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c) avoiding, remedying, or mitigating any adverse effects of activities on the environment. Notwithstanding all parts of section 5, resource management in a manner that enables cultural wellbeing, while safeguarding the life supporting capacity of water is key to achieving the purpose of the RMA. Section 6(e) 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. Accordingly, all persons exercising functions and powers under the Act in relation to managing the use, development and protection of natural and physical resources shall recognise and provide for these relationships. Section 7(a) of the RMA states that all persons exercising powers and functions under the RMA shall have particular regard to kaitiakitanga. Kaitiakitanga is defined in the RMA 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 for 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 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 24

27 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 resource consent decisions under s104(1) and to give effect to the NPS provisions in their regional plans under s67(3). 25

28 PART B 5. Te Taniwha o Waikato 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. 5.1 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. 5.2 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. 5.3 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. 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, such as the principle of Mana Whakahaere. 26

29 5.4 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. 6 Te Taniwha o Waikato Perspective: While the management of the natural resources was 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. 5.5 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-Tainui 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 5.6 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 6 Deed of Settlement in Relation to the Waikato River; p 14 27

30 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. 7 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. 5.7 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. Te Taniwha o Waikato Perspective: The waterways were once a major provider of our kai. Some of our kai was whitebait, tuna, mullet, kahawai, pokotehe, mohimohi, tawhara, birds, bird s eggs, kaeo, and further out patiki, pipi and oysters. We used to leave our corn and 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. 7 Finding of the Waitangi Tribunal on the Manukau Claim: cited in the Waikato River Taiapure Application 1992, Huakina Development Trust, p42. 28

31 5.8 Natural Resources for other Cultural Uses Other resources provided by the River ecosystem are used by tangata whenua for other purposes, including weaving and carving, or for making the tools required to participate in activities on the River such as fishing. Harakeke and kiekie were the most utilised of the weaving materials. Some kaumatua remember gathering ngawha for weaving purposes but with the drainage of the swamp areas ngawha is scarce to non-existent in the lower River region. Te Taniwha o Waikato Perspective: In the late 1800s trees were sourced from Motutieke - including one of the river islands for use in the construction of waka at Turangawaewae. 5.9 Waahi Tapu Waahi tapu are markers on the landscape left to us by our tupuna. They contribute to and support the histories left to tangata whenua about a particular place or areas. Waahi tapu can include urupa, pa sites, special purpose areas or any site that is significant to tangata whenua. Te Taniwha o Waikato Perspective: There are many significance sites along the river, these sites are still held in high regard, they indicate that this is where we lived and where we were buried, identifying numerous important sites of significance Water Use The significance of water to Waikato-Tainui is immeasurable and the respect tangata whenua has for it is demonstrated by the manner and purposes for which it is used and handled. This includes certain waters being used only for bathing, blessings, healing and spiritual cleansing, gathering kai, and waters that are totally excluded from use for cultural reasons. Waikato-Tainui recognises that water is a highly contestable, public resource. National and Local Authority Policies and Plans determine the manner and principles for which water may be allocated. This involves determining limits for allocable use (waters to be used for predominantly economic purposes) and understanding the assimilative capacity (water to remain to sustain ecosystems) of water bodies. What has been missing from setting those types of limits is the incorporation of tribal knowledge. A summary of the Waikato-Tainui view of water, and regard for its use can be broadly noted as the following: (a) Wai Ora Life giving and sustaining. These waters are generally regarded as pristine, sanctified water, primarily used for higher purposes such as ceremonial use, blessings, cleansing of 29

32 chiefs etc. These waters are generally spring waters (puna), or in areas specifically designated for higher purposes. These waters must be protected. (b) Wai Maori Useable for general purposes. These are waters that can be used for general purposes such as drinking, recreation, sustenance, economic use and provision for food gathering. Waters used to sustain the marae functions should be protected for marae use. Waters used for general purpose should be managed in a way that ensures the future of the tribe can be sustained. (c) Wai Kino Waters of limited use. These waters can still be used generally, but may have limited ability to sustain life or to be safely used due to poor water quality, accessibility, or other limiting factors. These waters require greater management to ensure safe and optimal use. (d) Wai Mate Waters that have exceeded the ability to properly sustain life. These waters are regarded as not fit for human or certain productive use. To some they are identified as dead waters, but to Waikato-Tainui, no water is regarded as being dead, as all things, including water, have mauri. Therefore, these waters must be better managed and restored to a higher quality. On an international level, New Zealand benefits from an abundance of water. The total water use in New Zealand is estimated to be at least two to three times more water per capita than in 30 other OECD countries. However, the availability of water, with regards to supply and demand, is highly variable across regions and seasons. The Waikato region experiences both drought and flooding events that can be aggravated by human intervention. It is the scarce and valuable nature of water, which highlights a key issue of water allocation and the need for efficient allocation and management regimes. Te Taniwha o Waikato Perspective: The current state of the water does not allow for the different classes of water anymore. Everything is impacted on River, streams, aquifers, springs the lot. There is nothing untouched. There are dams on the majority of streams the water levels can be dangerously low during hot weather and then there are the water takes. The river has been used for birth preparation, spiritual healing, tupapaku cleansing, food preparation, food gathering, food fermentation, aqua stocks rehabilitation - some of these are no longer practiced nor does the marae draw from this water source anymore as it used to Human health The quality of water determines the relationship that the tribe has with its waters. Environmental degradation, at a national level, has occurred at a large cost and the physical, chemical, and biological quality of water has deteriorated as a result of both point source pollution (discharges into a body of water at a single location), and non-point source pollution (contamination from diffuse sources). The waters of the Waikato region have been modified to support economic gains, and the impacts of previous poor management practices are increasingly being seen. As a 30

33 result, human impacts from uses such as farming and agriculture, wastewater discharges, damming, horticulture, urban development, alterations to the natural hydrology (straightening) of rivers and streams, and forestry conversions have modified natural water flows and increased the degree of contaminants that a water body receives resulting in a decrease in water quality of rivers and streams. Te Ture Whaimana seeks Waikato River quality is such that fresh waters within the rohe of Waikato-Tainui are drinkable, swimmable and fishable in all places (with water quality to the level that Kiingi Taawhiao could have expected in his time). Te Taniwha o Waikato Perspective: It is absolutely ridiculous that we have the river flowing past our doorstep but we are unable to drink it unless we put in a treatment plant that we can t afford to make the water drinkable. In the past our people would use the water from the River for their needs when they stayed at their fishing spots. They now have to cart water to their camps because the river water is no longer safe to drink 5.12 Ecosystem health The quality of water determines the relationship that the tribe has with its waters. Environmental degradation, at a national level, has occurred at a large cost and the physical, chemical, and biological quality of water has deteriorated as a result of both point source pollution (discharges into a body of water at a single location), and non-point source pollution (contamination from diffuse sources). The waters of the Waikato region have been modified to support economic gains, and the impacts of previous poor management practices are increasingly being seen. As a result, human impacts from such uses as farming/agriculture, wastewater discharges, damming, horticulture, urban development, alterations to the natural hydrology (straightening) of rivers and streams, and forestry conversions have modified natural water flows and increased the degree of contaminants that a water body receives. This has resulted in a decrease in water quality and the ecosystem health of rivers and streams. Wetlands are an integral component within the whakapapa of Waikato-Tainui rivers and lakes. They provide important spawning grounds and habitat for fish and other taonga species. They also provide important ecosystem services such as reducing peak flood flows, increasing low flows, and trapping and removing sediments and nutrients. Te Taniwha o Waikato Perspective: We have noticed the health of the river changing. Loss of habitat, more baches and benches which adds to the cumulative effects. Smells, fish don t last as long as they used to can get slimy. Less water in the River, shallower. Less water coming down the streams to the River. 31

34 5.13 Natural form and Character The waters of the Waikato region have been modified to support economic gains, and the impacts of previous poor management practices are increasingly being seen. As a result, human impacts from farming and agriculture, wastewater discharges, damming, horticulture, urban development, alterations to the natural hydrology (straightening) of rivers and streams, and forestry conversions have modified the natural form and character of rivers and streams. As kaitiaki, Waikato-Tainui have an obligation to nurture, monitor, and protect the natural, physical, cultural, historical, and spiritual elements of the natural environment. However, development activities have not always been conducted in a sustainable manner, or in a manner that respects the kaitiaki role of Waikato-Tainui. Waikato-Tainui recognises the need for the sustainable use of resources and has interests in land use for cultural and/or spiritual purposes, leisure, and commercial development. Te Taniwha o Waikato Perspective: The natural form has have changed dramatically within the last 100 years this is not only due to natural circumstances more so machinery and human extraction and dredging of sand, tree planting, tree removal and including man-made dams, the river s aroma has changed over time caused by sewage and chemical leaching. 32

35 PART C 6. Assessment of Preferred Option 6.1 Option F3: Enhanced Nutrient Removal Membrane Bioreactor + UV Upgrade and Discharge to Parker Lane Stream This section assesses the preferred discharge option, which has been developed in partnership with Watercare. The preferred option is that which has been submitted to Waikato Regional Council for resource consent, and represents the option that Te Taniwha o Te Waikato considers will best assist in restoring the health and wellbeing of the Waikato River. The preferred scheme sees a 2 staged approach. Stage 1 will see the continued use of the existing Sequencing Batch Reactor (SBR), UV and wetland treatment process, with discharge to Parker Lane Stream. This stage essentially maintains the status quo and would be in place for a maximum of four years following the approval of the overall resource consent sought. Stage 2 will be commissioned following the four year development phase required to design and install the upgrade. It involves an enhanced Membrane Bio Reactor (MBR) + UV process which targets TN removal through additional aeration capacity with the addition of carbon to provide high level of TN reduction. This is the leading technology currently used in New Zealand for removal of TN. Total phosphorus removal will be provided through chemical dosing and biological treatment processes. This option will also significantly improve the levels of Dissolved Oxygen, Ammonia, TP, total suspended solids, Biochemical Oxygen Demand and E. coli. The final stage prior to the discharge into the wetland, sees the process of the wastewater undertake the double barrier pathogen removal. The water is filtered through pores ranging in size from 0.1 to 0.4 µm resulting in a high level of pathogen removal. A UV disinfection is then applied to the treated water. The use of this improved treatment allows for the discharge to remain in the Parker Lane Stream. This location is explained later in the CIA. A more detailed assessment of the preferred option against relevant statutory documents is located in Appendix B. The table below highlights the Existing Resource Consent Treated Wastewater Quality, Suggested Resource Consent Conditions for Stage 2, Parker Lane Stream Background Water Quality and Waikato River Background Water Quality. The table highlights the significant water quality improvements the new technology will provide and how it compares to the Waikato River in general. 33

36 Water Quality Comparison Parameter and Unit Existing Resource Consent (90%ile) 1 Suggested Conditions Stage 2 (Median) 2 Parker Lane Stream Background Water Quality Waikato River Background Water Quality (Median) 4 (Median) 3 Ammonia mg/l Carbonaceous Biochemical Oxygen Demand Not measured 1.3 mg/l Total Suspended Solids (TSS) mg/l Total Phosphorus mg/l 18 5 Not measured Total Nitrogen mg/l E. coli 6 cfu/100ml Not a requirement Not a requirement Dry Weather Flow 8,450 20,960 8 N/A N/A m3/day Table provided by Watercare and MWH, December Notes: 1 Refer Table 4-3 of the Pukekohe Wastewater Consents Project Resource Consent Applications and Assessment of Effects on the Environment (AEE), September Refer Table 4-3 of the AEE; 3 Refer Table of the AEE; 4 Refer Table of the AEE; 5 As measured at the Watercare water take site at Tuakau based on samples collected between 2002 and Equivalent concentration at end of consent period applied for (35 years) based on mass load requirement. 34

37 7 The existing resource consent specifies faecal coliforms as the microbiological indicator bacteria. The suggested conditions recommend E. coli based on the 2003 Freshwater and Marine Bathing Water Guidelines. 8 20,960 m 3 /day is the projected median treated wastewater flow at the end of the 35-year consent duration. The consent conditions specify the Peak Wet Weather Flow of 104,800 m 3 /day. 6.2 Te Ture Whaimana o Te Awa o Waikato - Vision and Strategy for the Waikato River As outlined in Section 4.2 Te Ture Whaimana is the primary direction-setting document for the Waikato River. The Vision and Strategy prevails over all other documents where there are inconsistencies between provisions. Vision and Strategy Objective Objective A The restoration and protection of the health and wellbeing of the Waikato River. * 8 Ability of the proposal to give effect to the Vision and Strategy This proposed and preferred option of Watercare gives effect to Objective A. The proposed option will maintain the status quo for a maximum of four years and then introduce a treatment upgrade for the remainder of the consent. Whilst Te Taniwha o Waikato would prefer a shorter development phase, it has been deemed appropriate given the introduction of leading edge technology. The proposed introduction of MBR technology and UV disinfection is the first of its kind in New Zealand and will result in significant reductions in contaminates entering the Waikato River. Objective B The restoration and protection of the relationship of Waikato- Tainui with the Waikato River, including their economic, social, cultural, and spiritual relationships. * The relationship that Waikato-Tainui has with the Waikato River, and their associated tikanga and kawa are improved through not having to endure ongoing and increasing degradation of their river, as a result of this option. This option will remove barriers to the Waikato- Tainui relationship with the Waikato River. Furthermore, the improved technology and the resulting improved 8 *Indicates a Waikato-Tainui objective for the Waikato River as set out in the Agreement in Principle dated 16 December 2007 relating to the Waikato-Tainui River Claim. 35

38 Vision and Strategy Objective Ability of the proposal to give effect to the Vision and Strategy water quality will encourage Waikato-Tainui to connect with the Waikato River. Objective C The restoration and protection of the relationship of Waikato River Iwi according to their tikanga and kawa, with the Waikato River, including their economic, social, cultural and spiritual relationships. The relationships that Waikato River iwi have with the river, and their associated tikanga and kawa are improved through not having to endure ongoing and increasing degradation of their river, as a result of this option. This option will remove barriers to the Waikato River iwi relationship with the Waikato River. Furthermore, the improved technology and the resulting improved water quality will encourage communities to connect with the Waikato River. Objective D The restoration and protection of the relationship of the Waikato Region s communities with the Waikato River including their economic, social, cultural and spiritual relationships. The relationships that Waikato communities have with the river is improved through not having to endure ongoing and increasing degradation of their river. Furthermore, the improved technology and the resulting improved water quality will encourage communities to connect with the Waikato River. Objective E The integrated, holistic and coordinated approach to management of the natural, physical, cultural and historic resources of the Waikato River. * This option gives effect to the Objective as the improved technology removes the need for the Waikato River to assist in the dilution of contaminates and increases the water flow through Parker Lane Stream. The maintenance of the wetland and the increased planting of native plants will contribute to an integrated approach to the management of the resources in the Waikato River. Objective F Adoption of a precautionary approach towards decisions that may result in significant adverse effects on the Waikato River, and in particular those effects that threaten serious or irreversible damage to the Waikato River. * This option reflects the development of the wastewater treatment plant that has been undertaken in discussions with Te Taniwha o Waikato. The previously proposed option did not reflect a precautionary approach, given the large increase in volume proposed. However, the development of the proposal and the option presented in this application remedies this and improvements made reflect a precautionary approach to what is a large volume of wastewater to be discharge. 36

39 Vision and Strategy Objective Ability of the proposal to give effect to the Vision and Strategy Objective G Recognition and avoidance of adverse cumulative effects, and potential cumulative effects, of activities undertaken both on the Waikato River and within its catchments on the health and wellbeing of the Waikato River. * This option gives effect to the Objective. The significant improvement in the proposed discharge quality, recognises the potential for cumulative effects and as a result of the improved technology will not increase the cumulative effects for the majority of contaminants measured in the Waikato River. Objective H The recognition that the Waikato River is degraded and should not be required to absorb further degradation as a result of human activities. * This option through the development of the MBR technology, recognises the Waikato River, shouldn t be required to absorb further degradation. The original application didn t recognise that significant improvements were required given the increase in volumes proposed. Objective I The protection and enhancement of significant sites, fisheries, flora and fauna. * The improved water quality will contribute to the protection and enhancement of significant sites, fisheries, flora and fauna. Objective J The recognition that the strategic importance of the Waikato River to New Zealand s social, cultural, environmental and economic wellbeing is subject to the restoration and protection of the health and wellbeing of the Waikato River. * This option gives effect to this objective, by recognising that whilst growth is occurring in Pukekohe and Tuakau, the Waikato River should not be required to simply absorb further pollutants resulting from this growth. The improved technology assists in ensuring that the restoration and protection of the Waikato River is possible. Objective K The restoration of water quality within the Waikato River so that it is safe for people to swim in and take food from over its entire length. The improvements proposed in this option will go some way to giving effect to this Objective. The proposed discharge resulting from the MBR technology is swimmable and is an improvement on the water generally flowing in the Waikato River. The discharge 37

40 Vision and Strategy Objective Ability of the proposal to give effect to the Vision and Strategy proposed in this option will not reduce the ability of people to take food the length of the Waikato River. Objective L The promotion of improved access to the Waikato River to better enable sporting, recreational, and cultural opportunities. This option gives effect to the Objective through improving water quality and will not limit access by introducing new structures to Parker Lane Stream or the Waikato River. Furthermore, the reduction in Ammonia in Parker Lane Stream that results from this option, may provide recreational opportunities in or closer to Parker Lane Stream. Objective M The application to the above of both matauranga Maori and latest available scientific methods. * This option has given effect to the Objective through the development of this enhanced technology. Te Taniwha o Waikato have provided the opportunity for Watercare to engage and understand their perspective. And whilst the new preferred option is primarily an engineering solution, it has been driven by the values communicated by Te Taniwha o Waikato to Watercare. 6.3 National Policy Statement for Freshwater Management (NPSFM) As demand for fresh water increases, it is vital to account for all freshwater takes and sources of relevant contaminants. The National Policy Statement is a first step to improve freshwater management at a national level. It provides a National Objectives Framework to assist regional councils and communities to more consistently and transparently plan for freshwater objectives. This includes managing land use and development activities that affect fresh water so that growth is achieved with a lower environmental footprint. The NPSFM acknowledges iwi and community values by recognising the range of iwi and community interests in fresh water, including environmental, social, economic and cultural values. Freshwater objectives for a range of tangata whenua values are intended to recognise Te Mana o Te Wai. Iwi and hapu have a kinship relationship with the natural environment, including freshwater, through shared whakapapa. Iwi and hapu recognise the importance of fresh water in supporting a healthy ecosystem, including human health, and have a reciprocal obligation as kaitiaki to protect freshwater quality. Overall freshwater quality within a region must be maintained or improved. Objectives A1 and A2 relate to water quality. 38

41 Objective A1: To safeguard: a. The life-supporting capacity, ecosystem process and indigenous species including their associated ecosystems, of fresh water, and b. The health of people and communities, at least as affected by secondary contact with freshwater; In sustainably managing the use and development of land, and of discharges of contaminants. Objective A2: The overall quality of fresh water within a region is maintained or improved while: a. Protecting the significant values of outstanding freshwater bodies; b. Protecting the significant values of wetlands; and c. Improving the water quality of fresh water bodies that have been degraded by human activities to the point of being over-allocated. Objective D relates to Tangata Whenua roles and interests. Objective D1: To provide for the involvement of iwi and hapu, and to ensure that tangata whenua values and interests are identified and reflected in the management of fresh water including associated ecosystems, and decision-making regarding freshwater planning, including on how all other objectives of this NPS are given effect to. The application includes an assessment of the existing life supporting capacity of Parker Lane Stream. The assessment concludes that for a number of reasons (including the existing discharge of wastewater) the existing stream ecology is poor. Furthermore, it is accepted by Watercares own assessment that continuing to discharge into Parker Lane for the interim will degrade water quality, through higher than acceptable concentrations of Ammonia, which will occur in low flow stream times. As such failing to have regard to Objective A1 of the NPSFM, post the initial four year period, the introduced technology, will see the option have regard to the NPSFM. It is considered that only this option of the proposed options will improve water quality in a way that assists in achieving Objective A1. The NPSFM defines safe secondary contact as meaning peoples contact with freshwater that involves only occasional immersion and includes wading or boating. Objective A1(b) is not considered relevant in this context, because the Vision and Strategy for the Waikato River sets water quality standards much higher than secondary contact, i.e. the ability to be able to swim and gather kai safely. The health and wellbeing of Waikato-Tainui and its special relationship with the Waikato River is inherently connected with the health and wellbeing of the Waikato River. Tāngata whenua values and interests are represented in this Cultural Impact Assessment, and must be taken into account in order to have regard to Objective D1 of the NPSFM. It is considered that this proposed option does uphold these objectives, and therefore has regard to the NPSFM post the initial 4 year design period. 39

42 6.4 Waikato-Tainui Environmental Plan The Waikato-Tainui Environmental Plan not only includes the Vision and Strategy for the Waikato River, but also provides a Waikato-Tainui specific approach to water and resource management. The Waikato-Tainui Environmental Plan provides detailed descriptions of water types and uses that the proposed option should be assessed against. The proposal should consider the following: 1. The Waikato River is the Awa Tupuna (ancestral river) and tangata whenua view the river as an indivisible entity. Therefore any harm to the mauri (life force) of the river is considered to be harmful to the mauri of the Waikato-Tainui people. 2. Water quality will be degraded further as a result of the increased volumes of wastewater discharge for the initial 4 years, and therefore this option will not improve the water quality immediately. This option, in years 5 and beyond may achieve a water state that is without limitations, maintains and enhances that values for which tangata whenua have identified as being important, and assists in achieving the Vision and Strategy. 3. The proposed option has had regard to Section 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 levels 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 proposed option does demonstrate how this section has been included in the proposal. This option has proposed an enhanced water treatment that improves the current discharge and is of a higher quality than the water flowing past the discharge point. Furthermore, remediation planting is also being proposed in the vicinity of the discharge. 4. The proposed option does have regard to Section 11.7 of the Environmental Plan. The proposal will significantly improve current water quality and contribute to the restoration or protection of the health and wellbeing of the Waikato River. 5. Objective states: Water quality is such that fresh waters within the rohe of Waikato- Tainui are drinkable, swimmable and fishable in all places (with water quality to the level that Kiingi Taawhio could have expected in his time). The proposed option does have regard to Objective whilst the water quality being discharged will not allow for drinkable water the length of the river, it will improve the quality of the water for safe swimming, and will have reduced adverse effects for the life supporting capacity of the river ecosystem and the ability to harvest kai. 6. This preferred option, more than the other options, aligns with the Waikato-Tainui Environmental Plan. This option does not seek other natural environments to absorb the discharge, but has sought to significantly improve the water quality being discharged without requiring the Waikato River to contribute to the dilution of contaminants. 40

43 6.5 Preferred Option Summary Te Taniwha o Waikato consider that the best solution for restoring the health and wellbeing of the Waikato River is for there to be no discharge at all. However, for the following reasons, Te Taniwha o Waikato support the preferred option described above: Through the use of enhanced treatment (MBR) the option seeks to significantly improve the water quality being discharged, without requiring the Waikato River to contribute to the dilution of contaminants; The option best recognises and contributes to restoring the values and uses that Te Taniwha o Waikato hold for the River. Whilst the water quality being discharged will not allow for drinkable water the length of the river, it will improve the quality of the water for safe swimming, and will have reduced effects for the life supporting capacity of the river ecosystem and the ability to harvest kai; The option gives effect to the Vision and Strategy by assisting to improve the health and wellbeing of the Waikato River; and Te Taniwha o Waikato are of the opinion that this option, in conjunction with Option F5 should be developed in tandem. Option F5 looks to find beneficial re uses for the treated wastewater. Te Taniwha o Waikato believe this is a realistic option and should genuinely be pursued. The re use would potentially provide income but most importantly reduce the volume that the Waikato River would be required to absorb. Te Taniwha o Waikato seek a genuine commitment from Watercare to actively pursue this environmental measure. 41