ISSN (Print) ISSN (Online. Ngā Tohu o te Taiao: Sustaining and Enhancing Wai Māori and Mahinga Kai Operational Context

Transcription

1 ISSN (Print) ISSN (Online Ngā Tohu o te Taiao: Sustaining and Enhancing Wai Māori and Mahinga Kai Operational Context

2 ) Photo: Waikato River in Ngāruawahia Waikato Regional Council media March 2014 Document #: /v2 Doc # /v3 Page ii

3 Acknowledgements The study was funded by the Ministry of Business, Innovation and Employment as part of the programme Ngā Tohu o te Taiao: Sustaining and Enhancing Wai Māori and Mahinga Kai (contract no. UOWX1304). Doc # /v3 Page iii

4 Table of Contents 1 Introduction and Objective Purpose 1 2 Legislative context 2 3 Legislation Resource Management Act Waikato and Waipa River Legislation Vision and Strategy for the Waikato River Waikato River Authority Conservation Act National Policy Statement National Policy Statement: Freshwater Management National Objectives Framework 7 5 Local Authority RMA Statutory Plans Operative Regional Policy Statement Proposed Regional Policy Statement Waikato Regional Plan District Plans 10 6 Iwi Management Plans Waikato-Tainui Environmental Plan Nga Uri O Tahinga Trust Tahinga Environmental Management Plan 13 7 Workstreams Healthy Rivers: Plan for Change/Wai Ora: He Rautaki Whakapaipai Freshwater Ecosystem Services Development of a marae based framework for stream health monitoring 14 8 Conclusions 16 9 References 17 Doc # /v3 Page iv

5 1 Introduction and Objective Ngā Tohu o te Taio is a proposed four year research project that aims to develop knowledge, tools and processes for setting environmental limits to sustain kaitiakitanga of mahinga kai, a significant value identified within the National Objectives Framework (a framework that supports regions to set freshwater objectives and limits as per the National Policy Statement for Freshwater Management 2011). This research will identify: The extent to which mahinga kai represents a key proxy for the state of, and pressures on, freshwater catchments How synergising mātauranga Māori and contemporary science will enhance credibility and acceptability of limit-setting to sustain mahinga kai objectives What communication pathways will lead to effective adoption of research outcomes in a variety of forums and at a range of scales from hapū to national Ngā Tohu o te Taio is a multi-institute collaborative project led by the University of Waikato (UoW) that brings together key capabilities in Universities (Massey), Crown Research Institutes (Landcare Research, NIWA), Iwi (Waikato-Tainui College of Research and Development, Waikato Raupatu River Trust) and the Waikato Regional Council (WRC). The project will be funded predominantly through the Ministry for Business and Innovation and Employment (MBIE). The project in Year 1 will be conducted primarily within the Lower Waikato management zone, but with the flexibility in future years to expand to other areas to test the generalisability of tools and processes. For instance it is proposed in years 2-4 a PhD project through Massey University will be based in the Manawatu and provide another avenue to test the transferability of the process and tools developed by the research team. 1.1 Purpose As the first year of this project is focused on the Lower Waikato management zone it is appropriate to provide an overview of the Waikato regional context in regard to freshwater management. The purpose of this document is to provide a literature review on the context for limit-setting in the Waikato Region (such as statutory relationships, regional policy directions, and iwi environmental aspirations). This includes providing background information on the statutory context on a national, regional and iwi level (specifically Waikato-Tainui) within the Waikato region. Doc # Page 1

6 2 Legislative context A brief overview of the legislative context pertaining to the Waikato region is provided and then more specific detail for each area of legislation in the following section. Under the Resource Management Act 1991 (RMA) all local authorities (including regional councils) are required in their policy statements and plans to give effect to a national policy statement including the New Zealand Coastal Policy Statement. All regional councils are required to prepare a regional policy statement taking into account planning documents (such as iwi environmental plans) prepared by iwi authorities. Regional councils may prepare regional plans but must give effect to national policy statements and their regional policy statement. This is required also of district and city councils who prepare district plans (Ministry for the Environment, 2006). The diagram below shows a summary of the role of the various statutory instruments and relationships to one another 1. The RMA establishes a system for resource management planning at the national, regional and local levels as described above. For the Waikato and Waipa river catchments however, the Vision and Strategy for the Waikato river (and Waipa river) - Te Ture Whaimana o Te Awa o Waikato prevails if there is any inconsistent provision in any RMA planning document, including any national policy statement (Waikato Regional Council, 2013). Te Ture Whaimana o Te Awa o Waikato Vision and Strategy for the Waikato River Source: Adapted from Waikato Regional Council - Introduction to the Proposed Regional Policy Statement (Decisions version November 2012) 1 Refer to Doc # Page 2

7 3 Legislation 3.1 Resource Management Act Under the RMA the Waikato Regional Council (the council) has a statutory role to control the use of land for the purpose of maintaining and enhancing water quality. In order to meet more recent legislative requirements the council is undertaking changes to its RMA planning documents to improve the management of water quality in the Waikato and Waipa rivers (see 7.1 Healthy Rivers: Plan for Change/Wai Ora: He Rautaki Whakapaipai). Policy development operates within a legislative framework set up by the RMA. The purpose of this Act is to promote the sustainable management of natural and physical resources. This 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 wellbeing and for their health and safety (RMA, S5). This piece of legislation enables statutory policy documents and standards to be created by central government, regional councils and territorial authorities (Waikato Regional Council, 2013). The RMA outlines the functions that regional councils must undertake to give effect to the Act. This includes as stated in S30: o The control of the use of land for the purposes of the maintenance and enhancement of the quality of water in water bodies and coastal water(s30(1)(c)(ī); and o The control of discharges of contaminants into or onto land, air, or water and discharges of water into water (s30(1)(f)); and o If appropriate the establishment of rules in a regional plan to allocate the capacity of air or water to assimilate a discharge of contaminants 30(1)(fa)(iv). 3.2 Waikato and Waipa River Legislation Under legislation Waikato Regional Council shares management responsibilities with Waikato and Waipa River iwi (Waikato-Tainui, Te Arawa River Iwi, Raukawa, Ngāti Tūwharetoa and Ngāti Maniapoto) 2. Central to all three Acts is the purpose to protect and restore the health and wellbeing of the Waikato and Waipa Rivers. According to legislation the council is required to enter into joint management agreements (JMAs) with each of the River iwi. These are relevant also to the preparation of relevant planning documents. Joint management agreements have been signed with Raukawa, Te Arawa River Iwi, Waikato-Tainui and Ngāti Maniapoto. The purpose of JMAs is to provide for local authorities and River iwi to work together in carrying out the functions, duties and powers provided for in and to give effect to the relevant river act as referred to 3. Though Ngāti Tūwharetoa has not yet invited Waikato Regional Council into a joint management agreement, a memorandum of understanding (MOU) existed prior to river legislation. The intent of the MOU is similar to that of a JMA which the council continues to uphold with Ngāti Tūwharetoa (Waikato Regional Council, 2014). Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 The Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 (the Waikato-Tainui Act) gave effect to the 2009 deed of settlement in respect of the raupatu claims of Waikato-Tainui over the Waikato River. The overarching purpose of the settlement is to restore and protect the health and wellbeing of the river for future generations. The purpose of the Waikato-Tainui Act, as set out in Section 4 is to: a) give effect to the settlement of raupatu claims under the 2009 deed: b) recognise the significance of the Waikato River to Waikato-Tainui: 2 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010; Ngāti Tūwharetoa, Raukawa and Te Arawa River Iwi Waikato River Act 2010 and Ngā Wai o Maniapoto (Waipa River) Act Refer to Waikato Regional website for a list and details of all JMAs Doc # Page 3

8 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 Kīngitanga Accord and other accords provided for in the schedule of the Kīngitanga Accord. Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 The Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 gives effect to the co-management deeds entered into between the Crown and Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi. The Crown and each iwi have agreed to the establishment and participation of each iwi in a co-governance framework. The overarching purpose of the Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 is to restore and protect the health and wellbeing of the Waikato River for present and future generations. The purpose of the Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 as set out in Section 4 is to: a) recognise the significance of the Waikato River to Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi: b) recognise the vision and strategy for the Waikato River: c) establish and grants functions and powers to the Waikato River Authority: d) establish the Waikato River Clean-up Trust: e) acknowledge and provides a process that may recognise certain customary activities of Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi: f) provide co-management arrangements for the Waikato River. Ngā Wai o Maniapoto (Waipa River) Act 2012 The Ngā Wai o Maniapoto (Waipa River) Act 2012 gives effect to the co-management deeds entered into between the Crown and Ngāti Maniapoto. The overarching purpose of the Ngā Wai o Maniapoto (Waipa River) Act 2012 is to restore and maintain the quality and integrity of the waters that flow into and form part of the Waipa River for present and future generations and the care and protection of the mana tuku iho o Waiwaia. 3.3 Vision and Strategy for the Waikato River Te Ture Whaimana o Te Awa o Waikato - The Vision and Strategy for the Waikato River is intended by the Crown to be the primary direction-setting document for the Waikato River and its catchments (including the Waipa River). As outlined in the strategy the area covered for the Waikato River is from Huka Falls to Te Puaha o Waikato and the Waipa River from its junction with the Puniu River to where it meets with the Waikato River (Waikato River Authority, nd). The Vision and Strategy is deemed in its entirety into the Waikato Regional Policy Statement and regional and district plans must give effect to it. Importantly, if there is any inconsistent provision in any RMA planning document, including any national policy statement, the Vision and Strategy prevails (Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010). The vision starts with an excerpt of a lament by King Tawhiao: Tōku awa koiora me ōna pikonga he kura tangihia o te mātāmuri The river of life, each curve more beautiful than the last Doc # Page 4

9 This is then followed by: Our Vision is for a future where a healthy Waikato River sustains abundant life and prosperous communities who, in turn, are all responsible for restoring and protecting the health and welllbeing of the Waikato River, and all it embraces, for generations to come. To realise the vision, 13 objectives are documented as well as 12 strategies to achieve these objectives. A few of the objectives include: The restoration and protection of the relationships of Waikato River iwi according to their tikanga and kawa with the Waikato River, including their economic, social, cultural and spiritual relationships. The restoration and protection of the relationships of the Waikato region s communities, with the Waikato River, including their economic, social, cultural and spiritual relationships. The protection and enhancement of significant sites, fisheries, flora and fauna. 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 application to all of the objectives of both mātauranga Māori and the latest available scientific methods. Some of the strategies include: Ensuring that the highest level of recognition is given to the restoration and protection of the Waikato River. Establishing what the current health status of the Waikato River is by utilising mātauranga Māori and latest available scientific methods. Developing targets for improving the health and wellbeing of the Waikato River by utilising mātauranga Māori and latest available scientific methods. 3.4 Waikato River Authority The Waikato River Authority (WRA) is a statutory body formed under Waikato and Waipa River legislation 4. The WRA has ten members who are appointed by River iwi (five) and Ministers of the Crown (five). The purpose of the WRA is to: set the primary direction through the Vision and Strategy promote an integrated and co-ordinated approach to implement the Vision and Strategy fund rehabilitation through the Waikato River Clean-up Trust. The WRA is responsible for reviewing the Vision and Strategy. An initial review was held soon after the settlement date in April As outlined in co-management legislation 5 the next review can be no earlier than five and no later than 10 years after the initial review 6. The WRA can at the next review include targets to achieve the Vision and Strategy and methods for implementation 7. 4 Section 22 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and Section 23 Ngāti Tūwharetoa, Ngāti Raukawa and Te Arawa River Iwi Waikato River Act Section 18 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, Section 19 Ngāti Tūwharetoa, Ngāti Raukawa and Te Arawa River Iwi Waikato River Act 2010 and Section 8 Ngā Wai o Maniapoto (Waipa River) Act Section 19 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, Section 20 Ngāti Tūwharetoa, Ngāti Raukawa and Te Arawa River Iwi Waikato River Act 2010 and Section 8 Ngā Wai o Maniapoto (Waipa River) Act Section 20 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, Section 21 Ngāti Tūwharetoa, Ngāti Raukawa and Te Arawa River Iwi Waikato River Act 2010 and Section 8 Ngā Wai o Maniapoto (Waipa River) Act Doc # Page 5

10 3.5 Conservation Act 1987 The overall purpose of the Conservation Act is to promote the conservation of New Zealand's natural and historic resources. For that purpose the Department of Conservation (DoC) (who administer the Act) was established and Fish and Game. Fish and game councils which make up Fish and Game New Zealand were established under the act to manage the sports fish and game resource in New Zealand on behalf of anglers and hunters 8. Under the act DoC has a number of functions some of which include: The management for conservation purposes of all land and natural and historic resources held under the Conservation Act; The preservation of indigenous freshwater fisheries (so far as is practicable); The protection of recreational freshwater fisheries and freshwater fish habitats; Conservation advocacy; The provision of educational and promotional conservation information; Fostering recreation and allowing tourism on conservation land, providing the use is consistent with the conservation of the resource; Provision of advice to the Minister8. Fish and Game NZ is fully funded by those who purchase a fishing or hunting licence. A key activity for Fish and Game NZ is involvement in habitat protection initiatives particularly around lakes, rivers, streams and wetlands 9. Fish and Game Council Auckland/Waikato have recently been involved in two Waikato River Authority funded projects: Restoration of whitebait habitat near Tuakau and wetland restoration at Whangamarino Refer to 9 Refer to 10 Refer to Doc # Page 6

11 4 National Policy Statement 4.1 National Policy Statement: Freshwater Management 2011 The National Policy Statement for Freshwater Management 2011 (NPS-FM) requires councils to manage water quality by setting objectives, limits and targets for all water bodies. National values for freshwater are listed in the preamble of the NPS-FM (Ministry for the Environment, 2011a). Councils must give effect to this NPS-FM through their statutory plans. The NPS-FM is intended to be the first step in improving freshwater management at a national level. In setting limits for water quality these need to reflect local and national values that have been informed by the best available scientific and socioeconomic knowledge 11. For the Waikato region the setting of freshwater objectives and limits will be done through the instrument of the Waikato Regional Plan (WRP) (Waikato Regional Council, 2013). Proposed amendments to the NPS-FM include more guidance and information on fresh water values, as outlined in a recent discussion document (Ministry for the Environment, 2013b). The discussion document introduces the National Objectives Framework (NOF) into the NPS-FM. 4.2 National Objectives Framework A key feature of the proposed amendments to the NPS-FM 12 is the introduction of the NOF by government. The NOF has a range of values, two of which are compulsory to all water bodies (i.e., ecosystem health and human health for secondary contact. Other possible values for which a particular freshwater body could be managed include mahinga kai, swimming, fishing or water supply. Local decision making will choose values for each freshwater body, however the minimum states will be set at a national level that apply to those values (Ministry for the Environment, 2013a). The consideration of tangata whenua values is included in the NOF. In an earlier publication released by the Ministry for the Environment in March 2013, reference was made to using the Mana Atua Mana Tangata Framework to show the relationship between tangata whenua values and the values identified in the NPS-FM. However in the proposed amendment to the NPS-FM released in November 2013 reference is instead made to Te Mana o te Wai with no mention of the Mana Atua Mana Tangata Framework (Ministry for the Environment, 2013a, 2013b). At present the NOF is not fully populated for every value and water body type. Over time the NOF will be progressively populated as information becomes available and science and understanding evolves (Ministry for the Environment, 2013a). Consultation on this proposed framework is currently occurring (Ministry for the Environment, 2013b). 11 National Policy Statement for Freshwater Management, preamble, p3. 12 Refer to Part CA. National Objectives Framework of Annex 3: Proposed amendments to the National Policy Statement for Freshwater Management of Proposed amendments to the National Policy Statement for Freshwater Management 2011 A discussion document. Doc # Page 7

12 5 Local Authority RMA Statutory Plans 5.1 Operative Regional Policy Statement As a requirement of the RMA every region has to prepare a regional policy statement (RPS). The RPS provides a regional overview of resource management issues as well as the policies and methods to achieving integrated management of both natural and physical resources. Section 3.4 of the RPS describes significant resource management issues and objectives, policies and methods in relation to fresh water resources, their use, development and protection of resources. The provisions of the Operative RPS remain relevant until such time as the provisions of the proposed RPS are beyond challenge (Waikato Regional Council, 2013). 5.2 Proposed Regional Policy Statement After reviewing the Operative Waikato RPS the Proposed Waikato RPS was publically notified in November After a hearing process, the Council decisions report was adopted then publically notified in November 2012 (Waikato Regional Council, 2013). The Council decisions report version is currently subject to appeals before the Environment Court. Some 90 appeal points on policies and implementation methods relating to fresh water were received. Resolution of all appeals is not expected until at least January 2015 (Waikato Regional Council, 2013). Part A of the council decisions version outlines the issues and objectives. Two of the six issues include relationship of tāngata whenua with the environment and the health and wellbeing of the Waikato River catchment. Two objectives that refer to mātauranga Māori include resource management decision making and the relationship of tāngata whenua with the environment. Mauri and the health of fresh water bodies is one other objective that makes reference to mahinga kai as described below 13 : Mauri and health of fresh water bodies Recognise and provide for the mauri and health of fresh water bodies by: a) maintaining the following: i) natural character and natural function, including flow regime variability; ī) health and functioning of indigenous biodiversity, ecosystems and habitats; īa) human relationships with fresh water including: i. the cultural and traditional relationship of tāngata whenua with fresh water; ī. availability and suitability of water for domestic or municipal supply; īi. harvesting of aquatic food species and mahinga kai that is safe to eat; and iv. recreation values including swimming; b) improving the life supporting capacity of fresh water bodies where they have been degraded as a result of human activities, with demonstrable progress made by 2030; and c) ensuring that high value fresh water bodies are protected; d) enabling people and communities to provide for their social, economic and cultural wellbeing and for their health and safety; and e) managing adverse cumulative effects of land use activities on fresh water bodies. Part B identifies the policies and methods and what action is to be taken by whom and by what means to achieve the objectives identified in Part A. In the section on integrated management is the policy for an integrated approach. Implementation methods for this policy that refer to mātauranga Māori are made under advocacy and education and monitoring and information gathering. For the policy on tāngata whenua, mātauranga Māori is referred to in the implementation method for kaitiakitanga Refer to Doc # Page 8

13 Tāngata whenua and stakeholder involvement is a key feature of the Proposed Waikato RPS. In the section on freshwater bodies is the policy for an approach to managing fresh water bodies. One of the implementation methods recommended under managing fresh water bodies is 13 : Tāngata Whenua involvement Waikato Regional Council will work with tāngata whenua to develop systems and processes to: a) Adequately involve tāngata whenua in management and decision making regarding fresh water bodies and associated ecosystems b) Identify values and interests in fresh water bodies and associated ecosystems; and c) Develop monitoring programmes, (including mātauranga Māori) to monitor the achievement of identified values of fresh water bodies. Also in the section on freshwater bodies is the policy for the Waikato River catchment. Implementation methods include a joint management approach and education and advocacy as described below 13 : Joint management approach Waikato Regional Council, in partnership with Waikato-Tainui, Ngāti Tūwharetoa, Te Arawa River Iwi, Maniapoto and Raukawa, will: a) provide for Joint Management Agreements and Integrated River Plans to be developed and agreed; b) establish monitoring programmes, which shall incorporate mātauranga Māori, to determine and monitor the health status of the Waikato River; c) work with the Waikato River Authority to ensure targets are established for improving the health and wellbeing of the Waikato River; and d) develop and implement a programme of action to achieve those targets, including recommendations for changes to regional and district plans. Education and advocacy Waikato Regional Council will collaborate with the Waikato River Authority to: a) promote and foster Te Ture Whaimana o Te Awa o Waikato (Waikato River Vision and Strategy) and the regional community s knowledge and understanding of the health and wellbeing of the Waikato River; b) develop and share information on rivers and the effects and management of activities within their catchments; c) encourage and foster a whole of river approach to the restoration and protection of the Waikato River; d) promote the restoration and enhancement of indigenous riparian vegetation and wetlands within the Waikato River catchment; and e) promote the development and adoption of best practice methods including mātauranga Māori within the Waikato River catchment to restore and protect the health and wellbeing of the Waikato River. 5.3 Waikato Regional Plan The regional plan became operative in part in 2007 with Variations 2, 5, 6, and 7 made operative in 2008, 2011, 2012 and 2010, respectively. Regional plans if prepared must give effect to regional policy statements, and any national policy statement. Rules contained with a regional plan can have the force and effect of a regulation under the RMA (Waikato Regional Council, 2013). The plan provides a policy framework and methods for implementation in relation to the natural and physical resources in the region. A number of issues, objectives and policies are described in the plan (in sections 3.1, 3.2, 3.9 and 4.3) that have direct relevance for freshwater management (Waikato Regional Council, 2013). Doc # Page 9

14 Chapter 2 of the plan identifies and addresses resource management issues of concern to Māori in the region. The plan recognises that Māori have perspectives and values specific to their particular tribal group in consideration of resource management policy and decision-making 14. Some matters of concern identified by Waikato-Tainui particularly in the regional plan included 14 : a) kaitiakitanga, and the importance to be actively involved in resource management issues, decision making and monitoring of resources b) river and lake beds, c) customary use and values, of waterways and wetlands to be recognised and provided for as part of any consent and policy processes. 5.4 District Plans District plans as with regional plans must give effect to regional policy statements. District plans are required to be prepared by territorial authorities and may contain rules to control the use of land, including subdivision (Waikato Regional Council, 2013). For the areas covering the Waikato and Waipa River catchments, there are eight district plans for Rotorua, Taupo, South Waikato, Otorohanga, Waitomo, Waipa, and Waikato Districts and Hamilton City Council (Waikato Regional Council, 2013). The proposed South Waikato District Plan is the only district plan in the catchment that has specific rules controlling dairy farming activities (South Waikato District, 2012). 14 Refer to Doc # Page 10

15 6 Iwi Management Plans Under RMA s66(2a) in preparation of a regional plan, council must take into account iwi management plans recognised by an iwi authority. Iwi management plans in the Waikato and Waipa River Catchments include: Ngāti Tūwharetoa Environmental Iwi Management Plan Maniaopto Iwi Environmental Management Plan 2007 Raukawa Fisheries Plan Waikato-Tainui Environmental Plan Ngāti Tahu - Ngāti Whaoa Iwi Environmental Management Plan Nga Uri O Tahinga Trust Tahinga Environmental Management Plan For the purposes of this review and the focus on the Lower Waikato Management Zone more detail is provided in the next section for the Waikato-Tainui Environmental Plan and the Nga Uri O Tahinga Trust Tahinga Environmental Management Plan. 6.1 Waikato-Tainui Environmental Plan In August 2013 the Waikato-Tainui Environmental Plan came into effect. The vision of the plan includes the maimai aroha or lament of King Tawhiao a part of which is included in Te Ture Whaimana o Te Awa o Waikato The Vision and Strategy (Waikato-Tainui Te Kauhanganui Incorporated, 2013). For Waikato-Tainui sustainably managing resources is guided by mātauranga, tikanga and kawa. In alignment with King Tawhiao s maimai aroha, the overarching purpose of the environmental plan is to provide a pathway or direction to return the Waikato-Tainui rohe back to its original environmental state as in King Tawhiao s time (Waikato-Tainui Te Kauhanganui Incorporated, 2013). In reference to freshwater one of the key objectives identified in the plan is that (Waikato- Tainui Te Kauhanganui Incorporated, 2013, p. 156): 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 Kīngi Tāwhiao could have expected in his time). The special relationship Waikato-Tainui has with the water and water bodies has extended over many generations. For instance water is important in regard to customary activities, natural heritage and biosecurity and sites of significance. The Waikato-Tainui view of water is illustrated in the figure below 15. As described in the plan and shown in the figure (Waikato-Tainui Te Kauhanganui Incorporated, 2013, p. 149): (a) Waters regarded as Waiora must be protected from impacts, and general use. It should not be allocated for general use. (b) Waters that are required for marae sustenance and/or to support spiritual guardians in fulfilling their roles as kaitiaki, must not be allocated, but must be protected. (c) Those waters that do not fall into the waiora, or upper echelon of wai Māori, can be allocated for general human purposes, but must be used in a manner that demonstrates greatest efficiency, and optimises cultural, spiritual, environmental, social, and economic wellbeings. (d) Waters that are regarded as being lifeless or dead must be protected from further degradation, and subject to a greater restorative plan. 15 Wai Ora Life giving and sustaining, Wai Māori Useable for general purposes, Wai Kino Waters of limited use, Wai Mate Waters that have exceeded the ability to properly sustain life. For a full description of states of water see Waikato-Tainui Te Kauhanganui Incorporated, 2013, p Doc # Page 11

16 Figure 1: Āhua o te Wai Source: Waikato-Tainui Te Kauhanganui Incorporated, 2013, p In the chapter on customary activities key objectives mentioned include the ability for Waikato- Tainui to access and undertake customary activities and that these activities are improved and enhanced particularly around waterways. In reference to customary fishing one of the methods includes (Waikato-Tainui Te Kauhanganui Incorporated, 2013, p. 106): Investigat[ing] sustainable management of customary fisheries utilising mātauranga Māori and other knowledge systems. In the natural heritage and biosecurity chapter mention is made of the impact of plant and animal pests on hauanga kai and the ability to harvest kai. One of the methods to address this (under the policy to mitigate biosecurity risk to cultural and/or significant species and habitats), is to ensure any pest control tools used manage adverse effects on waterways, hauanga kai and indigenous species (Waikato-Tainui Te Kauhanganui Incorporated, 2013, p. 115). Though there is one chapter dedicated to freshwater, references to water and hauanga kai are made throughout the plan as in the chapters on wetlands, land, fisheries, and coastal environment (Waikato-Tainui Te Kauhanganui Incorporated, 2013). In the wetlands chapter is a section on wetland mauri and condition, hauanga kai and habitat. The section as with others outlines issues, objectives, policies and methods. In reference to hauanga kai the following issues have been identified: The mauri of Waikato-Tainui wetlands is linked to the overall ecological health and wellbeing of their whakapapa (i.e. to the native fauna and flora found in those systems). These are the resources that Waikato-Tainui rely on for a number of cultural activities and which are collectively identified as hauanga kai. Negative impacts on the whakapapa of the wetlands will, therefore, have corresponding negative effects on wetland mauri and the ability of Waikato-Tainui to utilise hauanga kai. (Waikato-Tainui Te Kauhanganui Incorporated, 2013, p. 168) The continued decline in healthy wetland state and function has resulted in losses of important hauanga kai and habitat for natural materials used for cultural purposes and practices (flora and fauna). In turn, this has diminished the ability of Waikato-Tainui to maintain conservation practices of whakatupua (growing time) and rāhui. (Waikato-Tainui Te Kauhanganui Incorporated, 2013, p. 169) Doc # Page 12

17 The policies for wetland mauri and condition, hauanga kai and habitat include improving the condition of existing wetlands, land use planning and management near wetlands and the control of pest animals and plants (Waikato-Tainui Te Kauhanganui Incorporated, 2013). Access to wetlands is important for Waikato-Tainui and have included a policy of access (Waikato- Tainui Te Kauhanganui Incorporated, 2013, p. 172): To ensure that the relationship of Waikato-Tainui with its wetlands is enhanced through the restoration of wetlands and enhanced/permitted access for cultural purposes. One of the methods under the access policy is for: Resource users, activity operators, landowners, local authorities, and Crown agencies (as appropriate) to improve and facilitate access for Waikato-Tainui members to selected wetlands within the tribal area in order to practice whakatupua (growing time), rāhui on wetlands during the fish spawning season, and/or other Waikato-Tainui hauanga kai and cultural practices. Waikato-Tainui Te Kauhanganui Incorporated is supportive of other environmental management plans of Waikato-Tainui groups where they are consistent with the Waikato-Tainui Environmental Plan (Waikato-Tainui Te Kauhanganui Incorporated, 2013). If Waikato-Tainui groups wish it their environmental plans may be regarded as if they were written for the Waikato-Tainui Environmental Plan. This ensures that those plans are afforded the same status as the Waikato-Tainui Environmental Plan. If there are any inconsistencies between plans, the use of the highest target or measure will be supported (Waikato-Tainui Te Kauhanganui Incorporated, 2013). 6.2 Nga Uri O Tahinga Trust Tahinga Environmental Management Plan The Tahinga Environmental Management Plan was received by Waikato Regional Council in April With affiliations to Waikato-Tainui, the rohe of Tahinga is described in the plan (Nga Uri O Tahinga Trust, n.d., p. 8): The land block known as Te Akau was a large tract of country between Wahapu (Port Waikato), Te Puaha o Waikato (Waikato River Inlet up to Mercer Te Paina), Whangape Lake, inward to Waihi Lake and across to Whaingaroa Harbour (Raglan). For Tahinga, sustainability is the foundation upon which decisions are made about the environment as guided by kawa, whakanoa and tikanga. The plan is a means to ensure that any activities undertaken in the Tahinga rohe uphold the mana of their tupuna and mauri of the taonga that tupuna left (Nga Uri O Tahinga Trust, n.d.). The plan is also a first attempt to provide baselines for Tahinga, Tainui and Tauiwi who share [their] world (Nga Uri O Tahinga Trust, n.d., p. 7). To ensure involvement in decisions that affect their rohe, Tahinga seeks to establish strategic relationships with key organisations such as Waikato-Tainui Inc, Waikato Regional Council, and Waikato District Council (Nga Uri O Tahinga Trust, n.d.). Under the freshwater section in the plan issues referred to include declining water quality which has contributed to the loss of (Nga Uri O Tahinga Trust, n.d., p. 22):...taonga species such as koura, kaeo and inanga... and the ability of waterways to be used for food preparation such as making kanga piro. With regard to the above issue is the key objective to enhance and protect the mauri of rivers and streams. Two of the policies under this objective include no direct point discharges and minimised non-point discharges to perennial, ephemeral and receiving inland waters (Nga Uri O Tahinga Trust, n.d., p. 23). Doc # Page 13

18 7 Workstreams This section outlines current projects led by the Waikato Regional Council that take into consideration mātauranga Māori and mahinga kai that aim to restore and protect fresh water bodies in the Waikato and Waipa River catchments. 7.1 Healthy Rivers: Plan for Change/Wai Ora: He Rautaki Whakapaipai The plan change is legally required under the Vision and Strategy for the Waikato River/Te Ture Whaimana o Te Awa o Waikato and the National Policy Statement for Freshwater Management Key to this project is working with stakeholders to develop changes to the regional plan to help restore and protect the health of the Waikato and Waipa rivers. The plan change over time, will help to reduce sediment, bacteria and nutrients (nitrogen and phosphorus) entering water bodies (including groundwater) in the Waikato and Waipa River catchments. As set out in settlement and co-management legislation for the Waikato and Waipa rivers, Waikato and Waipa River iwi and Waikato Regional Council are partners on this project 16. The plan change will set objectives, limits and targets for water quality in all water bodies. It also might include specific outcomes for ecological health and recreation, fisheries and mahinga kai (food gathering) 116. The proposed plan change is expected to be notified in With allowance for hearings, and any Environment Court appeals, the plan could be operative in Freshwater Ecosystem Services Ecosystem services provide a holistic, more integrated approach for better planning, policy and decision-making. The project proposes to build on national research to identify and characterise freshwater ecosystem services in the Waikato region and classify these in terms of the value of their associated services. These services include water regulation and purification, flood control, erosion control, provisioning of food and fibre, climate regulation, carbon sequestration, recreation and ecotourism and cultural heritage. The project will also examine the spatial distribution and possible trends in the freshwater ecosystem services and their values. This project will collect data, develop knowledge and provide the tools for an integrated assessment of freshwater ecosystems in the Waikato region. Initial focus will be on the Waikato/Waipa river systems. The project will inform the development of a second phase looking at historic changes of prioritised/key ecosystem services and use this knowledge to develop methods to explore and assess likely future changes in ecosystem services as a result of land use change and development scenarios. Ecosystem services are benefits people derive from nature. Understanding the value of ecosystem services will assist Council in making policy decisions in response to the development of the Healthy Rivers: Plan for Change/Wai Ora: He Rautaki Whakapaipai. 7.3 Development of a marae based framework for stream health monitoring The joint management agreement (JMA) between Waikato-Tainui and the Waikato Regional Council outlines the shared functions and duties between the two parties. Schedule four of the JMA identifies the need for iwi capacity building which has led to a scholarship being created for iwi members specifically. This project is being undertaken as part of that scholarship being offered through Waikato-Tainui. 16 Refer to Doc # Page 14

19 The scholarship entails completing a six month internship based within the Resource Information Group at Waikato Regional Council. The scholarship also requires the recipient to take on a project. The selected project was to develop a marae based framework for stream health monitoring. The internship enables access to council resources, including internal literature and documents relating to freshwater monitoring, access to people who are highly regarded in all aspects of freshwater monitoring, as well as, practical field experience in freshwater monitoring. A case study was also conducted with Te Tihi o Moerangi marae to gather information regarding their historical and traditional relationship to the Te Māri stream. The purpose of this project is towards building the capacity of tribal members in environmental management for the collective benefit of marae, hapū and iwi. The internship commenced November 2013 and will end May Doc # Page 15

20 8 Conclusions Freshwater management forms a large part of the legislative context for the Waikato region. The RMA is certainly a key legislative driver as is the NPS for Freshwater Management with the National Objectives Framework. What is unique in the Waikato region is that Waikato and Waipa river legislation is in place for the purpose of restoring and protecting the health and wellbeing of the Waikato and Waipa rivers. Also distinctive is that any provision in a RMA planning document including any National Policy Statement that is inconsistent with the Vision and Strategy for the Waikato River gives way to the Strategy. At a local authority level the Vision and Strategy for the Waikato River is included as a whole within the Operative Waikato RPS while the Waikato Regional Plan and district plans must give effect to it. References to mātauranga Māori and mahinga kai are mentioned throughout the Proposed Waikato RPS including within policies and proposed implementation methods particularly with regard to freshwater bodies and the Waikato River catchment. The Conservation Act 1987 has a part to play in promoting the conservation of New Zealand s natural and historic resources including the preservation of indigenous freshwater fisheries and habitats. The Fish and Game Council (created under the Act) have been involved in recent projects to restore whitebait habitat near Tuakau and wetland restoration at Whangamarino. The Waikato River Authority (WRA) contributed funding to both projects and have funded various other projects to other groups through the Waikato River Clean-up Trust. Also of importance is how the WRA have a key role in setting the primary direction, and promotion of an integrated approach to implementing the Vision and Strategy. Utilising both mātauranga Māori and the latest available scientific methods features strongly in the objectives and strategies described in the Vision and Strategy. At the next review the WRA can include targets and methods for implementation. Iwi environmental aspirations for the lower Waikato management zone are included in the Waikato- Tainui Environmental Plan and the Tahinga Environmental Management Plan. Ideally iwi aspire to a state of water quality where freshwater is safe to drink, fish and swim in. Looking after the environment ensures the environment will sustain the people now and into the future based on iwi traditional environmental management guidelines according to tikanga, kawa, mātauranga and whakanoa. Doc # Page 16

21 9 References Ministry for the Environment Your guide to the Resource Management Act. Wellington, Ministry for the Environment. Ministry for the Environment National Policy Statement for Freshwater Management Wellington, Ministry for the Environment. Ministry for the Environment 2013a. Freshwater reform 2013 and beyond. Wellington, Ministry for the Environment. Ministry for the Environment 2013b. Proposed amendments for the National Policy Statement for Freshwater Management 2011: A discussion document. Wellington, Ministry for the Environment. Nga Uri O Tahinga Trust n.d. Tahinga Environmental Management Plan. Nga Uri O Tahinga Trust. Nga Wai o Maniapoto (Waipa River) Act Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act South Waikato District Council Proposed District Plan South Waikato District Council. Waikato Regional Council Co-Management in the Waikato & Waipa River catchment area. Unpublished report. Docs Waikato Regional Council Statutory and Planning Context for Healthy Rivers - Plan for Change/Wai Ora - He Rautaki Whakapaipai. Unpublished report. Docs Waikato Regional Council Proposed Waikato Regional Policy Statement Decisions (November 2012). Waikato Regional Council. Waikato River Authority nd. Restoring and protecting the health and wellbeing of the Waikato River: Vision and strategy for the Waikato River. Hamilton, Waikato River Authority. Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act Waikato-Tainui Te Kauhanganui Incorporated Tai Tumu Tai Pari Tai Ao - Waikato-Tainui Environmental Plan: Our plan our environment our future. Waikato-Tainui Te Kauhanganui Incorporated. Doc # Page 17