image by wikitōria tāne - otorohanga district...(nrmc) is largely supportive of the hvm project...
TRANSCRIPT
1Sourced from Ngā Wai o Maniapoto (Waipā River) Act 2012 Preamble – The tongikura ‘speaks of a strength and unity of purpose that has been said to characterize the history of Maniapoto Iwi. Retrieved from http://www.legislation.govt.nz/act/public/2012/0029/latest/DLM3335204.html
Image by Wikitōria Tāne
Nehenehenui Regional
Management Committee ‘Āmuri kia mau ki te kawau māro, whanake ake, whanake ake’
Nā Maniapoto1
Cultural Impact Assessment
An Assessment of Cultural Impacts of the Proposed
Happy Valley Milk Ltd Dairy Factory on Redlands Road, Ōtorohanga
July 2017
Prepared by: Wikitōria Tāne on behalf of
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Nehenehenui RMC July 2017
1. Mihimihi
Ko te tīmatanga o te whakaaronui, me wehi ki Te Atua nāna nei ngā mea katoa.
Me honore tō tātou kīngi Māori a Tūheitia e noho mai nā i runga i te ahurewa tapu o ōna mātua tūpuna me tōna whānau, me te whare kāhui ariki, rire, rire hau, paimārire ki a rātou.
Me aumihi ki te tini me te mano kua mene ki te pō, okioki atu koutou ki te poho o pōuriuri, ki te poho o pōtangotango, okioki atu rā koutou.
Ka mihi kau ki a tātou o te Ao Tūroa, ngā mahuetanga iho o ngō tātou mātua tūpuna, ara, ko tātou tēnei e whakatinana nei i tā tātou kaupapa whanake taiao.
Ko te tūmanako ka eke panuku te kaupapa hei painga mō tō tātou whenua, ō tātou awa me ōna manga maha, me tātou anō hoki e noho mai nei ki te rohe o Te Nehenehenui.
Paimārire ki a tātou.
Wikitōria Tāne Researcher / Writer
Commissioned by Te Nehenehenui Regional Management Committee
Translation:
The beginning of all wisdom is to be in awe before creation, before God, the creater of all things.
I pay tribute to the Māori King Tūheitia, the soverign descendent of royal ancestors; and his family.
May peace and goodwill be with them.
Greetings to the many who have gone on before, rest in the everlasting bosom of night,
rest in peaceful slumber.
To those of us of the enduring world, who seek to promote wellbeing of our environment,
I extend an unreserved greeting.
It is hoped that this report conveys wellbeing to our lands, our rivers and tributaries,
and prosperity for us the people of the Te Nehenehenui,
I extend good tidings to all.
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2. Contents Section Page
1. Mihimihi..................................................................................................................................................................... 2
2. Contents.................................................................................................................................................................... 3
3. Executive Summary................................................................................................................................................... 5
4. Introduction .............................................................................................................................................................. 7
5. Nehenehenui Regional Management Committee ................................................................................................... 9
6. Assumptions, comments, limitations and terms used ............................................................................................ 12
7. Applications and consents sought .......................................................................................................................... 14
8. Project and plant specified considerations ............................................................................................................ 15
9. Breakdown and analysis of submissions to Ōtorohanga District Council .............................................................. 17
10. Nehenehenui RMC Submission ............................................................................................................................... 19
11. Demographics .......................................................................................................................................................... 21
12. Methodology ........................................................................................................................................................... 22
13. Tangata whenua engagement and involvement .................................................................................................... 23
14. Treaty Settlements’ and Legislation – Te Ture Whaimana o Te Awa o Waikato ………………………………………………. 25
15. Legislation – Ngā Wai o Maniapoto (Waipā River) Act 2012 in relation to Te Ture Whaimana………………………… 25
16. Significance of Te Awa o Waipā ……………………………………………………………………………………………………………………… 26
17. Te Ture Whaimana o Te Awa o Waikato ............................................................................................................... 29
18. Ko Tā Maniapoto Mahere Taiao ............................................................................................................................. 31
19. Wāhi whakahirahira o ngā tūpuna – Tangata whenua context.............................................................................. 33
20. Wāhi whakahirahira – Sites of significance ............................................................................................................ 35
a. Te Awa o Waipā – Waipā River ............................................................................................................ 36
b. Te Mauri o Te Wai – Waiwaia .............................................................................................................. 38
c. Kākāmutu ............................................................................................................................................. 39
d. Ngā Waewae o Te Rauparaha ............................................................................................................. 40
e. Ngātaimarino Urupā ............................................................................................................................ 42
f. Dr Ripley Jones QE II Reserve .............................................................................................................. 43
g. Haerehuka Pā ...................................................................................................................................... 44
h. Te Whare Komiti ................................................................................................................................. 45
i. Māra Kai .............................................................................................................................................. 46
j. Tārewaanga Marae ............................................................................................................................. 46
k. Te Rauatemoa ..................................................................................................................................... 47
l. Mātaiata .............................................................................................................................................. 47
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m. Mātaiwhetu ......................................................................................................................................... 48
n. Te Ārero ............................................................................................................................................... 48
o. Pā Tuna ................................................................................................................................................ 49
p. Te Pū o Kārewa ................................................................................................................................... 49
q. Te Ana Taniwha o Waiwaia ................................................................................................................ 49
r. Unnamed Ana Taniwha ...................................................................................................................... 49
s. Unnamed Puna .................................................................................................................................... 49
21. Resource Management Act Part II considerations ................................................................................................ 51
22. Section 6 – Matters of National Importance ......................................................................................................... 51
23. Section 7 – Other matters ...................................................................................................................................... 52
24. Section 8 – Treaty of Waitangi ............................................................................................................................... 53
25. Mitigation ............................................................................................................................................................... 53
26. Construction Plan ................................................................................................................................................... 53
27. Monitoring .............................................................................................................................................................. 54
28. Proposed consent conditions ................................................................................................................................ 54
29. Conclusion ............................................................................................................................................................... 54
30. Recommendations .................................................................................................................................................. 55
31. Acknowledgements and Personal Communication ............................................................................................... 56
32. References .............................................................................................................................................................. 58
33. Appendices .............................................................................................................................................................. 60
34. Appendix 1 – Glossary of Māori Terms ................................................................................................................... 60
35. Appendix 2 – Excerpt from Ngā Wai o Maniapoto (Waipā River) Act 2012 .......................................................... 62
36. Appendix 3 – Deed in relation to the co-governance and co-management of the Waipā River .......................... 64
37. Appendix 4 – Summary of Submissions to Ōtorohanga District Council ............................................................... 67
38. Appendix 5 – Nehenehenui Regional Management Committee Submission ........................................................ 72
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3. Executive Summary Happy Valley Milk Ltd seeks to establish and operate a purpose-built nutritional infant formula dairy factory at the site at Redlands Road, approximately 1.5km north west of Ōtorohanga. The operation will consist of two 8 ton hour dryers staged over two stages. The site will be capable of blending and canning infant formula and manufacturing Anhydrous Milk Fat (AMF).’2 Happy Valley Milk (HVM) will cater exclusively for the overseas market. HVM will focus on high end nutritional products using A2 milk and Organic milk.
The project occurs within the context of Te Ture Whai Mana – The Vision and Strategy for the Waikato River, The Ngā Wai o Maniapoto (Waipā River) Act 2012, Co-Governance and Co-Management legislations3 and associated tools and mechanisms including the Kō Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan 2016.
Tāngata whenua have a keen interest in the project because the plant will be situated beside the Waipā River. Within close proximity are a number of sites on and beside the Waipā River that have been identified in the Maniapoto Māori Trust Board Taonga Register Project and by Heritage NZ. These sites are of significance to mana whenua not only because they form part of the rich historical heritage of Ngāti Maniapoto in the Ōtorohanga district but also because some relate directly to Waiwaia – the mauri, or essential life giving force of the Waipā River and its many streams and tributaries.
For tāngata whenua the Waipā River is critically important as a tūpuna (ancestor) and taonga (treasure), a food source, transport corridor, a place of healing with its own mana (integrity) and spiritual integrity. From a Ngāti Maniapoto perspective, the tipua/taniwha, Waiwaia, is the mauri (essential life force) and waiora (health and wellbeing essence) of the Waipā River.
Waipā River, Waiwaia and all natural fresh water resources, other rivers, streams and tributaries that feed into the Waipā, and the acquifers (including fresh and salt water) are essential to sustainability and longevity of the environment from which we gain sustenance and wellbeing.
Tāngata Whenua Perspective:
As was indicated during initial consultation, Nehenhenenui Regional Management Committee (NRMC) is largely supportive of the HVM project and recognize the opportunities that the project brings to tāngata whenua and the Ōtorohanga Community.
However, since resource consent applications for water take and use, and wastewater treatment have yet to be applied for by HVM, support for the landuse consent related to this proposal is separate from and does not detract from an expectation for continued consultaton. Agreement is still to be reached with respect to the status of water take and use by HVM for use in its plant establishment and operations and wastewater treatment going forward. NRMC understands that the plant cannot be established or operated without lodgement and granting of those regional consents and HVM acknowledge
2 HVM Application Report RM!60079 http://www.otodc.govt.nz/assets/Uploads/Notified-Applications/Happy-Valley/RM160079-Application-Report.pdf Retrieved from Otorohanga District Council Website 3 Deed in Relation to the Co-Governance and Co-Management of the Waipā River - Statements of Significance of the Waipā River. Retrieved from http://www.maniapoto.iwi.nz/wp-content/uploads/2016/05/maniapoto_deed_final_270910.pdf p. 9.
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and are commtted to continue to engage with NRMC as an affected party and stakeholder in relation to this separate regional water consent processes.
NRMC in consultation with its affiliate marae representatives are supportive of the Happy Valley Milk Ltd project in terms of the opportunities that it presents for collaboration with a relatively large corporate entity within the Nehenehenui RMC area, potential future growth and employment and potential specific project based opportunities that benefit tāngata whenua and indeed the wider Ōtorohanga community. NRMC appreciates it’s role as kaitiaki as integral with respect to assisting HVM to understand the tāngata whenua context, history, values and aspirations for the future.
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4. Introduction This report provides a Cultural Impact Assessment (CIA) in relation to the Happy Valley Milk Dairy Plant project to obtain land use consents. Contributors to the CIA from the Nehenehenui RMC are; Bill Paki, Derek Wooster, Yvonne Mita, Gabrielle Morgan, Rangiawatea Tāne, Rama Kete, Tuhiwai Kingi, Barney Manaia and Tongaporutu Neha. The CIA summarises the project and specific issues for consideration. The project objective, an outline of the methodology to progress the project and the methodology for tāngata whenua engagement and involvement in the project is provided. NRMC is guided by the objective to work in partnership with HVM and tāngata whenua to obtain necessary consents that are consistent with the following:
• Resource Management Act 1991 (RMA) Part 2 Section 5, 6, 7 & 8; of which the overarching purpose and principle is to promote the sustainable management of natural and physical resources. Specific subsections that are of particular interest to tāngata whenua are sub-sections:
o 6(e) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga, and;
o (f) the protection of historic heritage from inappropriate subdivision, use and development; o 7(a) kaitiakitanga (aa) the ethic of stewardship, and; o 8. The Treaty of Waitangi.
• Te Ture Whainamana o te Awa o Waikato (by extention Te Awa o Waipā – Waipā River) – The Vision and Strategy for the Waikato River (Te Ture Whaimana);
• Ngā Wai o Maniapoto (Waipā River) Act 2012; • Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan (EMP); • Achieving a high level of public health and environmental protection; • Ensuring the best practicable option for Ōtorohanga with respect to the establishment and ongoing
operation of the Happy Valley Milk Dairy Factory
Nehenehenui Regional Management committee is contracted to compile this Cultural Impact Assessment Report which aims to provide an account of the relationship that tāngata whenua have with the environment and in particular how their cultural and spiritual values may be affected by this proposal.
This application must have regard to the relevant statutory requirements. For the purposes of the CIA, Te Ture Whaimana, the Ngā Wai o Maniapoto (Waipā River) Act 2012 are of particular interest to tāngata whenua. The EMP is pivotal in articulating the tāngata whenua cultural and spiritual connection with the environment; it offers a tāngata whenua perspective as well as providing solid guidelines for key stakeholders such as regional and local body Councils.
Excerpts from the Ngā Wai o Maniapoto (Waipā River) Act 2012 (Appendix 2), the Deed in Relation to the Co-Governance and Co-Management of the Waipā River (Appendix 3) and the EMP provides cultural context to the significance of the Waipā River to NRMC indeed all of Ngāti Maniapoto.
Ngāti Maniapoto as kaitiaki of all natural resources within the Maniapoto region have an inalienable interconnection with the Waipā River, its tributaries and the lands upon which the waters flow.
Ngāti Maniapoto expresses its interconnection relationship with Te Awa o Waipā in kinship terms of mauri, wairua, whakapapa, whanaungatanga, manaakitanga and aroha. Ngā Wai o Maniapoto (Waipā River) Act
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2012 conveys the value of that relationship with Te Awa o Waipā through Te mana o Te Awa o Waipā, and Te mana o Te Wai and Te mana tuku iho o Waiwaia (Appendix 2).
The HVM Dairy Factory will be situated beside the Waipā River adjacent to the Redlands Road and Kāwhia Road junction and lies opposite the Ngā Waewae o Te Rauparaha (also known as Papaapatapu), the QE II Dr Ripley Jones Reserve, the Ngātaimarino Urupā and upstream from Tarewaanga Marae, and other wāhi whakahirahira i.e, sites significant to Ngāti Maniapoto, specifically:
• Te Pū o Kārewa • Te Ana Taniwha o Waiwaia • Haerehuka Pā • Pā tuna • Te Whare Kōmiti • Te Rauatemoa • Tārewaanga • Mātaiata • Mātaiwhetu • Te Ārero • An unnamed Puna • Māra kai • two other unnamed ana taniwha
In consideration of the wāhi whakahirahira located within the vicinity of the proposed dairy factory, this report draws particular attention to the cultural significance to Ngāti Maniapoto of those sites, to the location of the proposed plant.
The assessment will discuss, from the local tāngata whenua perspective, the mauri of the wai, cultural practices that historically have occurred in the vicinity of, or downstream and upstream of the plant which may include mahinga kai and other practices.
HVM has yet to apply to Waikato Regional Council for resource consents for water take/use, and waste water treatment. NRMC has expressed concern about the mauri, or life force of the Waipā River. NRCM have accepted considering this application separately, but the establishment and operation of the plant is reliant upon water use and take, and wastewater treatment, it will continue to address their concerns through the Regional consenting process. NRMC reserve its right to change its position on the whole development if adverse water and cultural effects as assessed through the Regional Consenting process cannot be avoided and/or mitigated.
The landuse consent mitigation measures considered acceptable to NRMC have not been considered within the context of water take/use and waste water management, having regard to legislative, co-management instruments and mechanisms, and the EMP that set at its core sustainable management of natural resources, including water, within the environment. From a tāngata whenua perspective the use of natural resources is considered in terms of the sum of its components (as a whole), rather than as parts of the sum (water and land use as separate).
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Mitigation measures, consent conditions and recommendations proposed by HVM and within the CIA do alleviate concerns about the physical aspects of land use for this project only.
Our holistic cultural philosophy is exemplified in the excerpts before mentioned and appended – Appendix 2 Excerpt from Ngā Wai o Maniapoto (Waipā River) Act 2012, and;
Appendix 3 the DEED IN RELATION TO THE CO-GOVERNANCE AND CO-MANAGEMENT OF THE WAIPĀ RIVER – contribution from Piripi Crown.
5. Nehenehenui Regional Management Committee NRMC is a Regional Management Committee which was constituted in the Maniapoto Maori Trust Board Order 1988. Nehenehenui Regional Management Committee exercises its rangatiratanga and kaitiakitanga as prescribed in Article II of Te Tiriti o Waitangi4, the Ngā Wai o Maniapoto (Waipā River) Act 2012, the Resource Management Act 19915, Te Ture Whaimana – Vision and Strategy6, and the Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan7. NRMC gives effect to the ethic of kaitiakitanga as an advocate for, and on behalf of Maniapoto marae, tāngata whenua, whānau, hapū and iwi interests within the Nehenehenui Regional Management Committee area where there is a proposal for development of natural and physical resources by private, commercial and, or corporate individuals and entities including local, regional and central government. This is especially important where proposed development has the potential to affect the mauri or vital essence of taonga that are of cultural significance to Nehenehenui tāngata whenua, whānau, hapū and associated iwi. For the purpose of this assessment Te Awa o Waipā is described as a taonga. Nehenehenui Regional Management Committee acknowledges and appreciates the opportunity to collaborate with Happy Valley Milk Ltd with respect to the proposed milk factory, toward outcomes that will benefit tāngata whenua, Happy Valley Milk Ltd and its operations, Ngāti Maniapoto iwi and the Ōtorohanga Community. Nehenehenui Regional Management Committee considers this CIA, the project and its’ operations as an extension of the relationship and collaboration that will endure into the future. Information provided from discussions, hui (meetings), phone calls and emails since October 2016 enables tāngata whenua perspectives and issues to be articulated in this report. An analysis of the project, tāngata whenua perspectives, key issues raised, and potential mitigation measures in the context of Part 2 matters in the RMA is also provided. NRMC and the Maniapoto Māori Trust Board
The Maniapoto Māori Trust Board (MMTB) is an Iwi Authority and comprises members elected by general election, a member from each of the Regional Management Committees which represent marae within the Maniapoto area, a kaumātua elected from the Maniapoto Kaumātua Kaunihera and a Te Arikinui representative.
4 Victoria University of Wellington – Treaty of Waitangi an Explanation. Retrieved from http://nzetc.victoria.ac.nz/tm/scholarly/tei-NgaTrea-t1-g1-t1.html 5 New Zealand Legislation online – Resource Management Act 1991 Retrieved from http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM230265.html 6 Vision and Strategy for the Waikato River. Retrieved from http://www.waikatoriver.org.nz/wp-content/uploads/2011/07/Vision-and-Strategy.pdf 7 Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan. Retrieved from http://www.maniapoto.iwi.nz/ko-ta-maniapoto-mahere-taiao-maniapoto-environmental-management-plan/
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MMTB was established to:
‘…represent the people of Ngāti Maniapoto under the Māori Trust Boards Act 1955 and provides for regional management committees (RMC) (i.e, RMC’s pursuant to the Maniapoto Māori Trust Boards Act 1988.) The Maniapoto Rohe originally encompassed six RMC’s and in 2008 this act was amended to allow for seven RMC’s with each RMC representing a cluster of marae.’8
The purpose of MMTB is to: ‘…provide and promote the health, social and economic welfare, education and vocational training and any other purpose determined by the Board for the benefit of Maniapoto descendants.9 Maniapoto - Tongi10 ‘Āmuri kia mau ki te kawau māro11, whanake ake, whanake ake’ Translation: Henceforth hold fast to the straight swoop of the cormorant. ‘This tongi speaks of a strength and unity of purpose that has been said to characterize the history of Maniapoto Iwi. The tongi has guided the Maniapoto Maori Trust Board since its establishment in 1988 and will continue to do so as the Board strives to achieve the aspirations and development objectives of the Maniapoto people.’12
MMTB Power to Delegate to RMC’s MMTB has the power to delegate any of its powers and duties to RMC’s. NRMC gives effect to the ethic of kaitiakitanga as an advocate for, and on behalf of Maniapoto marae, tāngata whenua, whānau, hapū and iwi interests within the Nehenehenui Regional Management Committee area where there is a proposal for development of natural and physical resources by private, commercial and, or corporate individuals and entities including local, regional and central government.
a. The following seven Regional Management Committees are established to represent various marae in the
Maniapoto area:
i. Hauāuru ki Uta Regional Management Committee ii. Mōkau ki Runga Regional Management Committee iii. Nehenehenui Regional Management Committee iv. Rereahu Regional Management Committee v. Te Tōkanganuianoho Regional Management Committee vi. Tūhua/Hikurangi Regional Management Committee vii. Ngā Tai o Kāwhia Regional Management Committee
8 Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan Section A Part 1.4, pg 14, para 3. 9 (Ibid Section A Part 1.4, pg14, para 4.) 10 Tongi – ‘Prophetic saying by a charasmatic leader (Tainui dialect). 11 (noun) fighting formation, concentrated attack - a military tactic where the war party advances in a triangle formation in battle to come to close grips and to split the enemy ranks. Retrieved from http://maoridictionary.co.nz/search?idiom=&phrase=&proverb=&loan=&histLoanWords=&keywords=kawau+m%C4%81ro 12 Ngā Wai o Maniapoto (Waipā River) Act 2012. Retrieved from http://www.legislation.govt.nz/act/public/2012/0029/latest/DLM3335204.html Preamble
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Figure 1. Map of Regional Management Committee Areas within the Maniapoto Rohe13
b. Nehenehenui Regional Management committee comprises representatives from each of the following
marae and papakāinga:
i. Pūrekireki Marae ii. Te Kōpua Marae iii. Mangatoatoa Marae iv. Kahotea Marae v. Te Keeti Marae vi. Taarewaanga Marae vii. Hīona Marae viii. Turitea Marae
ix. Te Kotahitanga Marae x. Ko Te Hokingamai ki te Nehenehenui Marae xi. Te Whakaaro Kotahi Marae xii. Kakepuku Papakaainga
NRMC deals with a wide range of issues including support of tāngata whenua, marae, whānau and hapū with resource consent applications. To date NRMC has also concerned itself with providing support to affiliate marae, support to local iwi, hapū and marae projects, support of local community projects, consultation and collaboration with resource consent applicants, council officers, the Ōtorohanga Mayor, support of the Ōtorohanga Community (including schools), and others. NRMC operates independent of MMTB. NRMC meets at least once a month and as required for urgent matters.
13 Map Sourced from and modified from Maniapoto Māori Trust Board GIS Data: S Te Huia
NRMC Area
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NRMC asserts its tāngata whenuatanga and rangatiratanga in terms similar to those referred to by Kīngi Tāwhiao14 and as an entity in its own right;
‘Māku anō e hanga tōku nei whare. Ko te tāhuhu he hīnau, ko ngā poupou he māhoe, he
patatē. Me whakatupu ki te hua o te rengarenga, me whakapakari ki te hua o te kawariki.’
Translation: I myself shall build my house. The ridge-pole will be of hīnau and the supporting posts made of māhoe and patatē. Raise the people with the fruit of the rengarenga, strengthened them with the fruits of the kawariki.
For the purpose of this Cultural Impact Assessment report Kīngi Tāwhiao Pōtatau Te Wherowhero’ (the second Māori King) tongi is interpreted as a statement of strength, resourcefulness and self-sufficiency.
6. Assumptions, comments, limitations and terms used
In considering this Cultural Impact Assessment, readers are asked to consider and note the comments, limitations, assumptions, and explanation of terms use as noted below:
1. Cultural Impact Assessment report (CIA): The purpose of the CIA is to provide an account of the relationship that tāngata whenua have with the environment that could be affected by a proposal requiring resource consent, and to provide an assessment of how that proposal will affect tāngata whenua, including in respect of their cultural and spiritual values and aspiration. These documents are sometimes called Tāngata Whenua Effects Assessment (TWEA).
2. Cultural: For the purpose of this CIA the term ‘culture’ is given to encompass Maniapoto cultural, spiritual, social and health, economic and environmental interests, and aspirations for its people in exercising stewardship as rangatira and kaitiaki of natural resources within the Maniapoto region. Refer Section 4.1.3 - Kō Tā Maniapoto Mahere Taiao:
‘A TWEAR/CIA may not necessarily be confined to cultural matters and can traverse any and all Maniapoto perspectives of potential or actual effects of a proposed or existing activity for natural resource use.’
3. Consultation with Tāngata Whenua:
For this CIA consultation was undertaken between HVM and NRMC representatives of Tarewaanga Marae, Kahotea Marae, Te Keeti Marae, Te Kotahitanga Marae, Te Hokingamai ki Te Nehenehenui Marae and Turitea Marae.
NRMC representatives have provided for feedback from the affiliate marae and discussion to the RMC. Of the marae listed the most likely to be directly affected by this project is Tarewaanga Marae because of its close proximity to the site. Notwithstanding concerns around the issue of water take, use and
14 Maori Dictionary online. Retrieved from http://maoridictionary.co.nz/search?idiom=&phrase=&proverb=&loan=&histLoanWords=&keywords=rengarenga
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treatment, feedback from Tarewaanga marae committee is that they are largely in favour of the proposal.
4. Ahi Kā and Mana Whakahaere:
NRMC does not claim ascendance of authority over ahi kā (traditional and contemporary occupation) or mana whenua (contemporary ownership or occupation) interests in the area nor does it seek to weight or comment on the nature of those interests. NRMC retains its autonomy and independence as a representative group made up of representatives of each marae.
5. Degree of participation: Only NRMC marae representatives (in conjunction with feedback to their affiliate marae) had the opportunity to participate in the development of the CIA. It is hoped that the open and organic methodology as described in the Tāngata Whenua engagement and involvement section will enable the NRMC, mana whenua and HVM to consider and traverse further all issues of significance to tāngata whenua with respect to this project and to develop comments and solutions around those issues going forward. All tāngata whenua views, issues and solutions are deemed worthy of consideration and are not dependent upon the degree of mana whakahaere (customary authority) or ahi kā that that group has over the area.
6. General nature of comments: Tāngata whenua groups retain their mana motuhake (autonomy)
throughout the development of this CIA. Comments made in this CIA are not attributed to any one tāngata whenua group unless the context demands otherwise. This is considered appropriate given the potential local and downstream and upstream effects of this activity on the Waipā River. There are also widely held, generally accepted views on the relationship of tāngata whenua with the waterways/awa and its environs while fully acknowledging the unique way that each marae, hapū and iwi gives effect to their relationship with their streams/awa.
7. Mana Motuhake: Each tāngata whenua group retains their mana motuhake (autonomy) and the CIA
cannot and does not limit the ability of any group to comment separately on the project and plant, either through the submission process or some other means.
8. NRMC and Ngāti Maniapoto Post Settlement with the Crown:
Ngāti Maniapoto Iwi is set to reach its’ Treaty of Waitangi settlement with the Crown within the next 12 to 18 months.
a. Ngāti Maniapoto Settlement with the Crown will include the disestablishment of the
Maniapoto Māori Trust Board and establishment of a new, post-settlement Maniapoto Iwi governance entity, including amendments to legislative enactments which will reflect the change in governance. This may impact on the status of NRMC with respect to regional management committees having been established under the Ngā Wai o Maniapoto (Waipā River) Act 2012 and associated legislation.
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b. NRMC Post-Settlement with the Crown: NRMC considers that, since it is made up of representatives of each of the 12 associate marae; NRMC, post-settlement retains its’ status as being the representative group mandated by each marae within the Nehenehenui RMC area to collaborate, consult, participate, contribute to and advise tāngata whenua, marae, consent applicants, and others in the RMA space.
c. Continued consultation, MOU, Agreements, Mitigations and consent conditions: Therefore,
any memorandum of understanding, contracts, agreements, agreed mitigations and conditions reached between HVM and NRMC pertaining to the proposed HVM plant will continue in the manner of good faith enduring relationship already established between the two parties and into the future.
9. Repetition of information: In the context of this project the CIA is one of the key documents which
must be considered alongside meeting and hui notes, supporting technical documents, the Assessment of Environmental Effects, and the consent applications themselves. The CIA is a stand-alone document but, unless considered relevant to the CIA, information that is repeated in other companion documents is not repeated in the CIA
10. River / Awa: Throughout this document any reference to ‘river’ or ‘awa’, whether it be the Waipā or
the Waikato, will be inclusive of the streams and tributaries that feed into the Waipā and Waikato rivers.
7. Applications and consents sought Happy Valley Milk Limited – Redlands Road, Ōtorohanga
Publicly Notified Application for Resource Consent15.
Applicant:
Happy Valley Milk Limited C/- Aurecon New Zealand Ltd PO Box 2292 Tauranga 3140
Nature of the Application:
Happy Valley Milk Ltd seeks to establish a purpose built nutritional infant formula dairy factory consisting of two eight tonne per hour dryers capable of blending infant formula and manufacturing Anhydrous Milk Fat (AMF).
The resource consent application was assessed by Council staff and it was determined that adverse effects on the environment arising from the proposal would or are likely to be more than minor.
15 Happy Valley Milk Application Retrieved from http://www.otodc.govt.nz/consentslicensing/notified-applications/happy-valley-milk-ltd-resource-consent-application/
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Pursuant to Section 95A(2) of the Resource Management Act 1991 the Ōtorohanga District Council has determined that the resource consent application is required to be publicly notified.
Pursuant to Section 96(2) of the Resource Management Act 1991 any person has the right to lodge a submission with Council in relation to the application. The closing date for receipt of submissions was Friday 27 January 2017.
The resource consent application documents are made up of:
• Assessment of Effects on the Environment
In addition to this is a suite of appendices that form part of the application:
• Appendix A – Certificate of Title • Appendix B – Layout of Plans • Appendix C – integrated Traffic Assessment (Aurecon) • Appendix D – Noise Assessment (Marshall Day Acoustics) • Appendix E – Preliminary Site Investigation Report (Aurecon) • Appendix F – Preliminary Site Investigation Report (Aurecon) • Appendix G – Landscape and Visual Effects Assessment (Isthmus)
8. Project and plant specified for consideration Applications and consents sought
Applicant: Happy Valley Milk Limited
Location: Redlands Road, Ōtorohanga
Proposal:
The proposed Happy Valley Milk Ltd Dairy Factory is located at Redlands Road, Ōtorohanga. HVM seeks to obtain consents with respect to the Operative Ōtorohanga District Plan for the proposed activity as listed below. Overall the application is considered to be a Discretionary Activity under the Ōtorohanga Operative District Plan.
Discretionary Activity16
When assessing an application for a resource consent for a discretionary activity, Council will examine the following matters:
• The principles and purposes of the Resource Management Act 1991(Part II ) • The relevant objectives, policies, and rules of the District Plan • The relevant assessment criteria of the rules The Council will also have regard to the
matters set out in Section 104 of the Act.
Council may grant or refuse the application and should it be granted, impose conditions on the consent.
1. Rule 5.5 – Discretionary Activity 16 Ōtorohanga District Council “Discretionary Activity”. Retrieved from http://www.otodc.govt.nz/assets/Uploads/ODC-Operative-District-Plan-On-Line-Version2.pdf
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(a) Standard 5A(iii): Proposal involves an area of earthworks exceeding 5000m2. (b) Standard 5C(i): Fill height exceeds 2 metres and volume of earthworks exceeds
1000m3. 2. Rule 6.4 – Discretionary Activity
(a) Standard 6C: Proposal involves construction of building on land which is proposed to be filled.
3. Rule 7.6 – Discretionary Activity (a) Standard 7A: Proposed buildings to be sited within 15 metre front yard setback. (b) Standard 7A: Proposed building coverage will exceed 2%. (c) Standard 7A: Proposed floor area of non-agricultural buildings exceeds 250m2. (d) Standard 7A: Proposed buildings encroach height in relation to boundary recession
plane of 3 metres + 33o. (e) Standard 7A: Proposed buildings exceed maximum height of 7 metres.
4. Rule 12.2 – Discretionary Activity (a) Standard 12.A: Relocated Redlands Road / Kāwhia Road intersection will be located
less than 800 metres from the Honikiwi Road / Kāwhia Road intersection. (b) Standard 12A: Relocated Redlands Road / Kāwhia Road intersection will be located
less than 200 metres from other existing entranceways serving neighbouring land. (c) Standard 12A: Proposed entranceway to Redlands Road will be located less than
200m from the relocated intersection of Redlands Road / Kāwhia Road. (d) Standard 12B: Vehicle movements associated with proposed activity will exceed an
average of 50 per day. (e) Standard 12B: Vehicle movements associated with proposed activity will exceed a
total of 100 vehicle movements per day. (f) Standard 12B: Vehicle movements associated with proposed activity will exceed a
total of 350 vehicle movements per week. 5. Rule 17.3 – Discretionary Activity (a) Exterior storage of materials not proposed to be screened by fence or vegetation. 6. Rule 22.2 – Discretionary Activity (a) Standard 22A – Proposal will involve use and storage of hazardous substances in
excess of permitted activity volumes.
Restricted Discretionary Activities17
When assessing an application for a resource consent for a restricted discretionary activity, Council will examine the following matters:
• The principles and purposes of the Resource Management Act 1991 (Part II) • The objectives, policies, and rules of the District Plan relevant to the restricted discretion • Those matters for which it has restricted its discretion in the plan.
Council may grant or refuse the application and should it be granted, impose conditions on the consent.
17 Ōtorohanga District Council “Restricted Discretionary Activity”. Retrieved from http://www.otodc.govt.nz/assets/Uploads/ODC-Operative-District-Plan-On-Line-Version2.pdf
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7. Rule 8.3 – Restricted Discretionary Activity (a) Standard 8C: It has not been demonstrated how proposed buildings will be connected to publics reticulated wastewater system. (b) Standard 8D: It has not been demonstrated that on-site wastewater management
complies with permitted activity requirements of Waikato Regional Plan or discharge permit granted by Waikato Regional Council.
8. Rule 9.3 – Restricted Discretionary Activity (a) Standard 9D: While proposals have been put forward by the applicant for how
stormwater may be managed (including extension of and connection to the public stormwater system), it has not been demonstrated that this is an effective stormwater system
9. Rule 13.2 – Restricted Discretionary Activity (a) Parking spaces for vehicles are to be located within the 15.00 metre front yard
setback. 10. Rule 14.2 – Restricted Discretionary Activity
(a) Proposed activity will fail to comply with night time noise levels in relation to any existing dwelling at 6 Redlands Road.
9. Breakdown and analysis of Submissions to the Ōtorohanga District Council18
Below is breakdown and analysis of submissions including a comparison of issues and opportunities identified by NRMC with those of the other submitters. The breakdown includes:
• number of submissions received; • reasons given for support of the HVM project; • reasons for opposition to the HVM project; • relief sought by submitters.
Breakdown of total submissions recieved In Support Neutral Oppose Total Submissions
34 1 34 69
Reasons for support Additional business and growth opportunities
Ōtorohanga is a rural town needing rural product production. Effects are part of development. Vehicle movements could be caused by development elsewhere Potential for Ōtorohanga is huge. Financially for local business and farmers. New job opportunities Economic benefit Employment Business Development
18 Summary of Submissions Ōtorohanga District council. Retrieved from http://www.otodc.govt.nz/assets/Uploads/Notified-Applications/Happy-Valley/Summary-of-Submissions.pdf
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Competition within dairy industry Economic sustainability. Attraction of people to Ōtorohanga If consents approved and all aspects of environment considered there is no reason not to go ahead Progressive development. Community benefits. Intersection Design. Traffic and Access. Point and Wastewater. Regional Consent Positives outweigh negatives NRMC: Subject to ongoing good faith relationship. Mitigation - Commissioning of CIA. Water take application. Effects on air, water, land. Effects on traditional food source. Adverse effects on sites of significance. Discovery protocols. Monitoring protocols. Treatment of sediment laden water. Preference for water use/take consents at same time as this consent
Reasons for Opposition Lack of specific wastewater management plan. Traffic movement. Noise Levels. Light pollution Water Supply. Waste water. Site suitability. Traffic Movement Non-compliance with District Plan. Nuisance - Residues, River, Rural scenery. Traffic. Factory operation - water supply, noise, shading / sunlight loss, employment. Regional consents. Milk volumes and tanker fleet Air pollution, noise pollution. Land zones. Traffic safety. Lighting effects. Lack of information. Waipā River. Economic and social effect. Rural zone. Lighting. Water availability. Water quality. Views. Alternate sites. Flooding. Shading. Setting a precedent. Economic Environment. Lifestyle and Financial Environmental - water table / wetlands, town development. Emissions and pollutants. Rural character. Visual. River effects Devaluation. Amenity values. No iwi, neighbour or NZTA consents. Inconsistency with countryside living. Proximity to river. Other resource consents not held Effluent disposal. ODC ratepayers should not be held to ransom over ongoing costs of supplying water Fonterra shareholder - don’t need another company. Sightline protection agreement. Old Golf Road. Tanker depot. Cycling route
Zoning, Discharge. Groundwater, aquifer effects Outside influence Limit rate payer exposure Contrary to Part II RMA. Loss of Rural Amenity. Adverse visual and landscape effects. Precedent effect. Negative impact on property values. Reverse sensitivity effects. No consideration of alternative sites. Conflict with Countryside Living Policy Area. Contradictory information. Applicant should be required to apply for all necessary consents concurrently so that all effects can be address.
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Analysis in relation to NRMC Submission Of the 69 submissions, 34 were in support, 1 was neutral, and 34 opposed the milk plant. Notwhithstanding issues pertaining to zoning, visual, QEII Reserve, impact on farming and the rural community and the landscape, issues to do with traffic management and volumes, adverse effects on sites of significance and discovery protocols; analysis of the data reveals general alignment of the issues and opportunities identified by NRMC and other submitters, i.e, potential for economic and employment growth, concerns regarding water take, use and potential adverse effects and wastewater treatment.
Relief Sought by Submitters Proper waste management plan tabled and explained. Speed restrictions at SH31. Engine brakes prohibited. No burden on ODC Ratepayers. Screen Planting of factory Decline Construction of bypass of Ōtorohanga heavy traffic. Verify noise figures carefully. Delay consent until WRC consents obtained. Proceed with care Consider concerns on QEII covenant owners Approve subject to cultural impact assessment NRMC: Mitigation - Commissioning of CIA. Water take application. Effects on air, water, land. Effects on traditional food source. Adverse effects on sites of significance. Discovery protocols. Monitoring protocols. Treatment of sediment laden water. Preference for water use/take consents at same time as this consent
10. Nehenehenui RMC Submission
At the time of the submission NRMC noted the following as being of primary importance with regard to the assessment of potential adverse environmental effects. The full submission can be seen in Appendix 4. Summary
i. Commission by HVM for NRMC to produce a CIA to assist with final recommendations and conditions
for the consenting process. ii. Application for water take and use yet to lodged by HVM with Waikato Regional Council. iii. Any adverse effect on the quantity and quality of air, water and land resources; iv. Any adverse effect on traditional food sources e.g., eels, v. Any adverse effects on sites of cultural significance, vi. Mitigation measures to address any potential environmental effects during commencement of
construction, construction and operation of the proposed milk plant. vii. Procedures for discovery of artefacts, taonga and, or kōiwi discovery during earthworks and
construction (already agreed). viii. Protocols for monitoring activities undertaken on the site including commencement of construction,
construction and operation of the proposed milk plant.
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Mitigation measures are itemised in 6.1.2 of the HVM application.
I. Cover Exposed surfaces - NRMC suggests engagement of local not-for-profit entity, Puniu River Care to supply vegetation cover during commencement of construction, construction and operation of the milk factory, including swamp and river bank riparian planting and restoration where there is a negative effect through earth works and operations, particularly where erosion and sediment control measures are required.
II. Control run-on water & Prevent sediment from leaving the site – NRMC would like clarification as to what is meant by “Divert clean flows to a suitable discharge point well away from active earthworks”? a) There is concern as to where and how sediment laden water is to be treated and whether the
“discharge point” includes discharge into local streams and, or the Waipā River and, or whether there is potential for leeching from settlement ponds into wetlands, streams and waterways within the local area.
b) Further clarification as to how sediment laden and or treated water is rendered environmentally safe to discharge beyond ponds – what is the measure that renders it safe?
c) NRMC sees an opportunity to negotiate with HVM/Otorohanga District Council and, or Waikato
Regional Council the appointment of iwi monitor/s to ensure practices pertaining to treatment and discharge of sediment laden water is culturally and environmentally safe, and that regular monitoring, reporting and actions for maintenance of safe treatment and discharge is in place so that implementation of mitigation measures as identified in 6.1.2 is being maintained.
d) NRMC have agreed to protocols regarding taonga, artefacts or kōiwi discovery during
earthworks. Other Matters Section 6.2 of the AEE states “There are no areas of significant indigenous vegetation, no cave systems, wetlands or geothermal features, and no sites of significance to tangata whenua identified for the site. Therefore, it is considered that none of the aforementioned features will be adversely affected by the proposed works.”
NRMC believes states that it is too early to make such statement with regard to tāngata whenua interests in this site since a CIA is yet to be completed.
NRMC envisages engaging the expertise of kaumātua and knowledge holders regarding sites of significance, cultural heritage, economic and otherwise. The EMP Section 4.1 describes a Cultural Impact Assessment in the following terms:
“Cultural Impact Assessments (CIA) provide an assessment of the impacts of a given activity on Maniapoto values and interests...CIA reports identify Maniapoto associated with a particular site or area and the actual or potential effects of a proposed activity that are of interest to Maniapoto. The assessment delivers a series of recommendations for measures that help to avoid, remedy or mitigate adverse effects.”
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Section 4.1.3 of the MEMP explains further:
“A TWEAR/CIA may not necessarily be confined to cultural matters and can traverse any and all Maniapoto perspectives of potential or actual effects of a proposed or existing activity for natural resource use.
OUTSTANDING MATTERS
The only matter yet to be discussed in full, is the issue of water take and use for the operation of the plant.
NRMC understands that HMV will lodge those applications at a later date.
NRMC prefers for the water use and water take applications to be lodged at the same time as this resource consent application in order that NRMC can make a full assessment of the total environmental effects that the construction and operation of the plant might have.
Unfortunately, this submission cannot speak to water take and water use because it does not have information to hand to be able to respond accordingly. It is of concern that NRMC is being asked to comment, furnish a CIA without the benefit of information regarding Maniapoto’s significant taonga i.e, water.
NRMC’s COMMITMENT TO AN ONGOING GOOD FAITH RELATIONSHIP WITH HVM
NRMC is committed to an ongoing good faith relationship with HVM.
NRMC continues to work with HVM and looks forward to furnishing the Cultural Impact Assessment that will clarify cultural impacts so that the final consenting process and conditions can be worked through between the parties.
NRMC is not a trade competitor for the purposes of Section 300B if the RMA Act.
Subject to the terms herein this submission the NRMC supports this application.
Should this matter be escalated to Environment Court, we wish to be heard in support of this submission.
11. Demographics Statistics New Zealand record the Ōtorohanga District Māori Population as follows:
Māori Population Adult Population
2013 2,346 2013 969 2006 2,355 2006 1,014 2001 2,538 2001 954
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Employed Unemployed
2013 837 2013 132 2006 909 2006 105 2001 813 2001 141 NRMC recognizes there is potential for the HVM plant to offer relief of the unemployment status within the tāngata whenua community and indeed the wider Ōtorohanga community.
12. Methodology
This section summarises the methodology used to prepare the CIA. Happy Valley Milk Ltd commissioned NRMC to provide external advice to the project on a tāngata whenua perspective on cultural effects of the proposed HVM Dairy Factory. A suite of reports which summarise the technical information relating to the proposed dairy factory has been presented to NRMC through a hui including email correspondence. Advocacy for a position in favour or against the project is the prerogative of each tāngata whenua group. For reasons given in Section 3, paragraphs 3 & 4, and Section 5, paragraphs 3 & 4, NRMC seeks to hold hui-ā-marae (marae meeting), hui-ā-iwi (meeting with tāngata whenua) when consent applications and reports are provided regarding water take/use and waste water treatment. This section considers the ways in which tāngata whenua were engaged and involved in the project and provides a general outline of the overall process.
Engagement guidelines
In consulting with tāngata whenua for the project, a number of guidelines are considered (some of which have been articulated previously in the ‘assumptions, comments, limitations and terms use’ section):
1. As kaitiaki and, in the context of Ngā Wai o Maniapoto (Waipā River) Act 2012, the Kō Tā Maniapoto Mahere Taiao- Maniapoto Environmental Management Plan, Te Ture Whaimana – Vision and Strategy for the Waikato River and increasing capacity within tāngata whenua groups, tāngata whenua has a keen interest in the project and a desire to participate actively at all levels of the project;
2. All of Maniapoto have a shared kaitiaki interest in the establishment and operation of key projects short and long term that are situated along the Waipā River. NRMC expresses its’ interest as kaitiaki, advocate and as a consultative body on behalf of whānau and hapū within the Nehenehenui Regional Management Committee defined area.
3. NRMC considers kaitiakitanga as a principle that encompasses the ethic of responsible citizenship in the Ōtorohanga community and the Maniapoto wide community. Therefore, as responsible citizens NRMC regards its role as kaitiaki as extending beyond effects on natural resources that occur within the immediate vicinity of the proposed plant but also, flow on effects throughout the reaches of the river. Development of the Happy Valley Milk Ltd project should invite involvement of all tāngata whenua groups claiming an interest (within the project constraints outlined below);
4. Tāngata Whenua groups (marae, hapū, iwi, kaitiaki forum, etc.) are busy considering any number of issues so there are likely to be constraints on tāngata whenua time to participate. Therefore, multiple
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ways to interact with the project needed to be considered. This includes email updates, drop box sharing and updates, kanohi ki te kanohi hui, combined hui, individual kaumātua, kaimahi or portfolio holder briefings, etc;
5. Though making practical sense to collaborate on this project, tāngata whenua will still wish to retain the right of mana motuhake or autonomy and therefore the ability to participate separate to the collective;
6. The project itself may have resource constraints which may impact on its ability to be fully responsive to individual tāngata whenua engagement methods though consensus should be sought on an agreed methodology; and
7. The Waitangi Tribunal Rohe Pōtae Inquiry and current Ngāti Maniapoto pre-settlement negotiations with the Crown, and tāngata whenua’ increased familiarity with legislative enactments, instruments and environmental management and co-management tools has altered the landscape of tāngata whenua engagement and expectations in this space. Therefore, NRMC has a duty of care to ensure thoughtful consideration of potential implications of legislative changes as far as is practicable pertaining to the use of natural resources.
9. Rather than interpret legislation, deeds and other tribal documents and tools, NRMC has copied verbatim relevant sections and documents that are already in the public domain to accurately reflect its view.
9. Each iwi, hapū, marae or other mana whenua group claiming an association within the scope of this project will have its own unique relationship with the Waipā River and consequently its own long established tikanga in relation to the waterways. The general nature of the comments in this section, and indeed in the CIA, is not intended to impinge on or undermine the unique nature of these relationships and tikanga. Therefore, this section is intended to provide a context for issues raised by NRMC during consultation hui. This section provides a platform from which to discuss solutions or mitigation measure whilst the issues are noted in the following section.
13. Tāngata Whenua engagement and involvement
Engagement and involvement process and timeline
With the above guidelines the following process to develop the CIA has been followed.
Date Particulars 22 August 2016 Email from Grant Horan – Introduction to the proposed plant. HVM seeks to
consult with iwi. 24 August 2016 Email response from G Morgan to G Horan. G Morgan to advise NRMC reps at
the NRMC hui that day 30 August 2016 Email - Outcome sought by G Horan from G Morgan from 24/7/2016 NRMC hui 2 September 2016 Email from G Horan to Kura Stafford – Whanake Taiao MMTB seeking update re
24/7/2016 Hui through Kura 6 September 2016 Phone – G Morgan advised G Horan of arrangement for G Horan to present the
proposal to NRMC 18 September 2016 7 September 2016 Email from Kura Stafford to Wikitoria Tāne – Grant’s email referred to Wikitoria
Tane as MMTB contact for NRMC
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7 September 2016 G Morgan email to Grant – Invitation to attend NRMC hui 18/9/2016 7 October 2016 Email from Katherine to W Tane to confirm Grant Horans contact details 12 October 2016 Time sought by Grant Horan to meet with NRMC to present application
proposal prior to lodging with Ōtorohanga District Council 17 October 2016 Introduction email from Grant Horan to W Tāne 17 October 2016 Phone call G Horan & W Tāne introduction conversation re HVM proposal – hui
protocols 20 October 2016 NRMC meeting – presentation from HVM
Email from Grant Horan 21 October 2016 Rangiawatea Tāne to G Horan – Sample of MOU and Contract for Services –
acknowledgement of presentation to NRCM 30 October 2016 G Horan to Rangiawatea – return MOU, CIA contract dated 28/102016
31 October 2016 Email from Grant Horan
3 November 2016 G Horan meeting with NRMC 1 November 2016 Email from Grant Horan – Rangiawatea Tāne 4 November 2016 Email from Grant Horan – Rangiawatea Tāne 5 November 2016 Grant Horan shared Dropbox folder shared Consent Application 7 November 2016 Grant Horan Dropbox shared Reduced Application
G Horan Desktop shared review of groundwater abstraction options 9 November 2016 Email from Grant Horan – Rangiawatea Tāne 10 November 2016 Email from Grant Horan – Rangiawatea Tāne 16 November 2016 Email from Grant Horan – Rangiawatea Tāne 18 November 2016 G Horan – shared Signed MOU 21 November 2016 Email from Grant Horan – Rangiawatea Tāne 17 December 2016 Email from Grant Horan – Rangiawatea Tāne 16 January 2016 Email from Grant Horan – Rangiawatea Tāne 27 January 2017 W Tane – Submission on the HVM applications to Ōtorohanga District Council 5 February 2017 Grant Horan – Attendance / update to RMC 21 February 2017 Email from Grant Horan – Rangiawatea Tāne 1 March 2017 Grant Horan – Attendance at RMC Meeting / Update 10 March 2017 Email from Grant Horan – Rangiawatea Tāne 23 March 2017 Email from Grant Horan – Rangiawatea Tāne 24 March 2017 Email from Grant Horan – Rangiawatea Tāne 25 March 2017 Email from Grant Horan – Rangiawatea Tāne 26 March 2017 Email from Grant Horan – Rangiawatea Tāne 30 March 2017 G Horan shared Suite of reports for Application 31 March 2017 G Horan shared HRM Plan visual of plant 12 April 2017 G Horan – shared Evaluation of likely water flows from bore 19 May 2017 G Horan shared HVM & NRMC Proposed Statement of Work 1 June 2017 Gab, Rangiawatea Derek, review CIA Executive Summary 11 July 2017 9/7/2017
Derek Gab Rangiawatea final Proof Read, Full NRMC update on CIA
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14. Treaty Settlements and Legislation – Te Ture Whaimana o Te Awa o Waikato
This project occurs in the context of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and the preceding Deeds of Settlement, which heralded a new regime of co-governance and co-management over the Waikato River and its catchment. The Acts and Deeds also allow for a range of tools and mechanisms, such as an integrated river management plan, Joint Management Agreements with Councils, Accords with Government Agencies, Environmental Management Plans, and the establishment of the Waikato River Authority as the co-governing body. The Nga Wai o Maniapoto (Waipā River) Act 2012 and the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 established co-management and co-governance arrangements across the Upper Waipā (Area C) and Upper Waikato (Area B) areas of the Waikato and Waipā catchment. A cornerstone document of these legislative Acts is Te Ture Whaimana o te Awa o Waikato – the Vision and Strategy for the Waikato River (‘Te Ture Whaimana’), which sets objectives and strategic outcomes to achieve the vision of:
Tooku awa koiora me oona pikonga he kura tangihia o te mataamuri. The river of life, each curve more beautiful than the last.
This is underpinned by a vision “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 wellbeing of the Waikato River, and all it embraces, for generations to come.”
Te Ture Whaimana incorporates the objectives provided by Waikato-Tainui as set out in the Agreement in Principle, and other Objectives that reflect the interests of other River Iwi, and of all New Zealanders. Development of Te Ture Whaimana was a public process, involving consultation meetings and hui, and a submission process. The Vision and Strategy applies to the Waikato River from the Huka Falls to the river mouth (Te Puuaha o Waikato River and, through the Ngā Wai o Maniapoto (Waipā River) Act 2012, includes Te Awa o Waipā (Waipā river).
15. Legislation – Ngā Wai o Maniapoto (Waipā River) Act 2012 in relation to Te Ture Whaimana o Te Awa o Waikato (and Te Awa o Waipā)
The Ngā Wai o Maniapoto Act (2012) provides for the extension of Te Ture Whaimana into the upper reaches of the Waipā catchment. The Waipā River is well captured by this Act.
Te Ture Whaimana is deemed to be part of the Waikato Regional Policy Statement and prevails over any inconsistent provision of any National Policy Statement and NZ Coastal Policy Statement. Any hearings held in relation to this project will include a Waikato River Appointed commissioner on the hearings committee.
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The Ngā Wai o Maniapoto Act expresses the significance of the Waipā River to Maniapoto in the following terms: Statement of significance of Waipa River to Maniapoto19
(1) ‘Te Awa o Waipa is a taonga to Maniapoto; the relationship between Maniapoto and the Waipa River is historic, intellectual, physical, and spiritual; to Maniapoto, their relationship with the Waipa River and their respect for it lies at the heart of their spiritual and physical wellbeing, and their tribal identity and culture.
(2) The particular characteristics of the Upper Waipa River and its place within the rohe and customs of Maniapoto are of special significance to Maniapoto.
(3) The Waipa River is a significant contributor to the region’s social, cultural, environmental, and
economic wellbeing.’
16. Significance of Te Awa o Waipā – Te Mana o te Awa o Waipā, Te mana o te Wai, Te mana tuku iho o Waiwaia and Te Awa o Waipā - i ngā wā o mua, Te Awa o Waipā – i enei rā.
Maniapoto expresses the significance of Waipā River in the Ngā Wai o Maniapoto (Waipā River) Act 2012 in Te Mana o te Awa o Waipā, Te mana tuku iho o Waiwaia, Te awa o Waipā i ngā wā o mua, Te awa o Waipā i enei rā.
Importance and significance of Te Awa o Waipā is expressed in metaphoric language and conveys to the subject (Waipā River and Waiwaia) and object (Man, Land, Iwi) equal status.
‘Ko te mauri, ko te waiora o te Waipā ko Waiwaia. Ko Waipā te toto o te tangata! Ko Waipā te toto o te whenua, koia hoki he wai Manawa whenua! Ko Waipā tetehi o ngā taonga o Maniapoto whānui.’
The life principle of the Waipā River is Waiwaia. Waipā is the lifeblood of man. Waipā is the lifeblood of the land, Waipā is the vital life essence of the land. Waipā is a significant treasure of all Maniapoto.
The Ngā Wai o Maniapoto (Waipā River) Act 2012, refers to the importance of Waipā River, Waiwaia, the land, tāngata whenua and their relationships to each other and is described in familial type, kinship terms that exemplifies each being inseparable from the other.
Te Mana o te Awa o Waipā:
(8) The Waipa River is of deep, cultural significance to Maniapoto. It is a taonga to Maniapoto and respect for it lies at the heart of their spiritual and physical wellbeing and their tribal identity and culture.
(9) To Maniapoto, the essence and wellbeing of the Waipa is Waiwaia, a spiritual guardian of all things that are the Waipa River. Its importance to Maniapoto is boundless.
19 http://www.legislation.govt.nz/act/public/2012/0029/latest/DLM3335240.html
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(10) To Maniapoto, the Waipa River is a single indivisible entity that flows from Pekepeke to its confluence with the Waikato River and includes its waters, banks, bed (and all minerals under it) and its streams, waterways, tributaries, lakes, fisheries, vegetation, floodplains, wetlands, islands, springs, geothermal springs, water column, airspace and substratum as well as its metaphysical elements with its own mauri.
(11) Maniapoto have a deep felt obligation to restore, maintain, and protect the quality and integrity of the waters that flow into and form part of the Waipa River for present and future generations and to the care and protection of the mana tuku iho o Waiwaia.
(12) To Maniapoto, their relationship with the Waipa River, and their respect for it, gives rise to their responsibilities to protect Te Mana o Te Wai and to exercise their kaitiakitanga in accordance with their long established tikanga.’
Te Mana o Te Wai:
(13) Te Mana o Te Wai is paramount to Maniapoto. Historically, Te Mana o Te Wai was such that it would provide all manner of sustenance to Maniapoto including physical and spiritual nourishment that has over generations maintained the quality and integrity of Maniapoto marae, whanau, hapu and iwi.
(14) The obligations are intergenerational and extend to Ngā Wai o Maniapoto – all waters within the Maniapoto rohe – whether the waters are above, on, or underground.
Te mana tuku iho o Waiwaia:
(15) The obligation to the care and protection of te mana tuku iho o Waiwaia extends to instilling
knowledge and understanding within Maniapoto and the Waipā River communities about the nature and history of Waiwaia.
Te Awa o Waipā – i ngā wā o mua:
(16) The relationship between Maniapoto and the Waipā River is historic, intellectual, physical, and spiritual and is expressed by the people of Maniapoto in various ways—
(a) The awa was a playground, a place to fish for inanga and for tuna, for freshwater crayfish, watercress, taraute and parera. During World War II and rationing, the awa was the source of kai. Significant tuna pa structures could be seen if the river level dropped during a dry spell. The 1958 flood changed that.
(b) The Waipā is a sacred river where the tohi rituals were performed, where the umbilical rites were observed and where the purification rituals were undertaken.
(c) The river chants its farewells to our departed ones, its murmuring waters bid welcome to our newborn and to our illustrious visitors from afar.
(d) Like an atua I wing my way into the heavens above! I gaze down below! There below lies my river Waipā, cutting her way over the breast of my native land. My eyes brim with tears at the vision of splendour, 'tis the love for my river that meanders away. My eyes gaze intently upon the deep pools of the river they are the myriad lairs of Waiwaia; the atua who gathers food for the people. The rocks of the river are an easy pillow for my head. The deep stretches of the river are a bed that rejuvenates my spirit and body. I am sustained by the river, by taking the waters of the ancients, drawing the waters from the atua, by procuring the very water of life!
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(e) The rippling waters are clearly heard by my ears. Within the rippling I hear the murmurs of the past, of days gone, of times long ago! Thus the heart is prompted to proclaim, “The river is an institution of tradition, an institution of knowledge, a festal board of treasured wisdom!”.
(f) Waipā she is the life blood of the people. Waipā she is the life blood of the land, verily she is! Indeed she is the unfailing spring of the earth! She is the water that anoints the thymos of man to bind to the tribe the waters of life that issues forth from the lineage of the atua. She is the water that blesses the umbilical cord to ensure the health of the descendants of Maniapoto. 'Tis the water that permanently renders the knot of the navel cord secure and fast.
(g) The source of my river is at the foot of Rangitoto, it is Te Pekepeke! Let her flow on she is the Kauhanga-nui (the Great passage) the Kauhanga-roa (the Long passage)! The waters ploughed by the paddles of the many flotillas of Maniapoto of times passed. Let her flow northwards to where the currents do mingle within the Waikato there before the countenance of my King.
(h) Flow on oh waters to the north and to the west! Go out from Te Puaha to Tangaroa who lies broken upon the shore, and to the courtyard of Hine-kirikiri. Go on! Go on depart for distant place far away!
(i) Describing the likeness of Waiwaia... as having an amazing appearance... the ripples of the water reflecting in the sun under the moonlight... Rainbows that appear in the waterfall.... But the most important part of Waiwaia is that it is the water itself and without it man could not survive.
Te Awa o Waipā – i enei ra
(17) The pollution, degradation, and development of the Waipā River have resulted in the decline of its once rich fisheries and other food sources which had for generations sustained the people of Maniapoto, and their way of life, and their ability to meet their obligations of manaakitanga; and the decline has been a source of distress to Maniapoto.
(18) The deterioration of the health of the Waipā River, while the Crown has exercised overall responsibility for the management of the Waipā River, has been a source of distress for the people of Maniapoto.
(19) The acquisition of land along the Waipā River has disassociated the people of Maniapoto from their River. It has led to the flooding of particular culturally significant sites and impeded and altered the natural flow of the Waipā River; this is a further source of distress to Maniapoto.
(20) Kei enei ra, kua kore haere te mana o ngā tupuna, kua ngoikore te mauri o te awa. He ahakoa taku noho patata tonu ki a ia i tenei ra tonu nei, kua kore ahau me aku huanga e haere ki te awa ki te mahi kai, ki te kori, ki te whai oranga wairua ranei.
(21) Hei whakamutunga ake i enei kupu korekore noa aku, me kaha tatou ki te whakahoki i te oranga tinana, te haringa ngakau, te pikinga wairua ki to tatou nei awa. Pai marire.
A new era of co-governance and co-management
(22) Maniapoto and the Crown agree that protective measures are necessary to safeguard the Waipā River from further deterioration and that co-governance and co-management arrangements provide a foundation for the restoration and maintenance of the Waipā River.
(23) Maniapoto do not accept they have ever relinquished their authority or rights over the Waipā River, or its tributaries.
(24) The Waipā River is a significant contributor to the waters of the Waikato River.
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(25) Maniapoto acknowledge that the restoration and maintenance of the Waipā River, as part of a larger catchment, needs to be coordinated with the management of the Waikato River. This whole of river approach is consistent with the desire of Maniapoto to keep intact the mauri of the Waipā River in its entirety.
(26) The Crown believes that it has responsibilities in relation to the Waipā River on behalf of the regional community and the nation as a whole.
(27) Maniapoto and the Crown maintain their own viewpoints in respect of the Waipā River that converge in the objective to restore and maintain the Waipā River.
(28) Maniapoto and the Crown aspire to a lasting and meaningful relationship based on shared and reciprocal principles.
(29) The Crown acknowledges its relationship with Maniapoto under the Treaty of Waitangi and the co-governance framework and co-management arrangements for the Waipā River are a reflection of this Treaty relationship.
17. Te Ture Whaimana o Te Awa o Waikato The Ngā Wai o Maniapoto (Waipā River) Act (2012) provides for the extension of Te Ture Whaimana into the upper reaches of the Waipā catchment. The Waipā River is well captured by this Act. Te Ture Whaimana is deemed to be part of the Waikato Regional Policy Statement and prevails over any inconsistent provision of any National Policy Statement and NZ Coastal Policy Statement. Any hearings held in relation to this project will include a Waikato River Appointed commissioner on the hearings committee. VISION STATEMENT FOR THE WAIKATO RIVER
“Tooku awa koiora me oona pikonga he kura tangihia o te maataamuri The river of life, each curve more beautiful than the last”
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 wellbeing of the Waikato River, and all it embraces, for generations to come”
OBJECTIVES FOR THE WAIKATO RIVER
In order to realise the Vision, the following Objectives will be pursued: A. The restoration and protection of the health and wellbeing of the Waikato River.* B. The restoration and protection of the relationship of Waikato-Tainui with the Waikato River, including
their economic, social, cultural, and spiritual relationships.* 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.* D. 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.* E. The integrated, holistic and coordinated approach to management of the natural, physical, cultural
and historic resources of the Waikato River.* 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.*
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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.*
H. Te recognition that the Waikato River is degraded and should not be required to absorb further degradation as a result of human activities.*
I. The protection and enhancement of significant sites, fisheries, flora and fauna.* 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.*
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.*
L. The promotion of improved access to the Waikato River to better enable sporting, recreational, and cultural opportunities.*
M. The application to the above of both maatauranga Maaori and latest available scientific methods.* *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.
Figure 220 Shows the Waipā River (Waipā – Area C) in relation to the Waikato Regional Council’ area of authority.
20 Waikato Regional Council area of authority in relation to the Waipā-Area C retrieved from http://www.waikatoriver.org.nz/catchment/
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18. Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan21 (EMP)
The Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan was launched in March 2016. The EMP is a comprehensive update to the first generation planning document – He Mahere Taiao Maniapoto Iwi Environmental Management Plan 2007.
Part 1.0 – The introduction – ‘Maniapoto’ refers to anyone who:
‘descends from or affiliates to Maniapoto whānau, marae, hapū o iwi. It also includes various organisations or bodies that Maniapoto has established to manage the individual and/or collective affairs of whānau, hapū, Maori owned land blocks, and other Maniapoto interests. This includes mana whenua groups, committees, Ahuwhenua Trusts, incorporations or other organisations for marae, hapū management committies, clusters of the same, a relevant iwi authority or its delegated bodies, and other structures that, from time to time, Maniapoto may establish to consider matters of relevance under this plan.’
The Introduction further explains the aim of the plan:
‘For Maniapoto, land use and management of natural resources needs to be guided by a commitment to sustainability, both in the present and for the generations to come, which means maintaining diverse and abundant ecosystems in perpetuity while providing for diverse, cultural, social and economic activities that support a balanced, healthy, secure and sustainable quality of life.’22
Vision Statements: Environmental Sustainability
‘Mō te whanaketanga, mō te whakaora o te taiao’
For advancement, restoration to health of the environment. Maniapoto Māori Trust Board
‘Āmuri kia mau ki tēnā, kia mau ki te kawau mārō, whanake ake, whanake ake!’
Henceforth be steadfast as the cormorants’ unyielding charge, advance, advance! Maniapoto
The EMP is a ‘high level direction setting document and describes issues, objectives, policies and actions to protect, restore and enhance the relationship of Maniapoto with the environment including their economic, social, cultural and spiritual relationships’.
21 A Copy of the EMP can be viewed at https://play.google.com/store/apps/details?id=com.maicreative.maniapoto 22 Exerpt from NIWA Maniapoto Priorities for the Restoration of the Waipā River Catchment
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The Plan aims to: a. Give effect to the overarching purpose of Ngā Wai o Maniapoto (Waipā River) Act 2012 to restore,
maintain and protect the quality and integrity of the waters that flow into and form part of the Waipā river for present and future generations.
b. Raise awareness and understanding of Maniapoto values, interests and aspirations in the management of physical and natural resources.
c. Outline issues that Maniapoto perceive effect Maniapoto values, interests and aspirations in the management of physical and natural resources.
d. Outline expectations, through policies and actions that should resolve the above issues. An e-copy of the EMP can be viewed at: https://play.google.com/store/apps/details?id=com.maicreative.maniapoto The EMP provides context to the nature and extent of Maniapoto influence and involvement as kaitiaki (stewards) and manawhakahaere (managers) as it relates to environmental protection and preservation, sustainability, restoration, oversight and management within the Maniapoto district. Environment includes tangible and intangible places, spaces, natural resources, taonga, cultural heritage, and mātauranga Māori. Sections relevant to the development of the CIA include:
Section B Engaging with Maniapoto Part 3.0 Maniapoto Engagement and Consultation process
Part 4.0 Tools for Engagement Part 5.0 The Relationship between Maniapoto and National and Local Government
Section C Maniapoto Cultural Matters Part 6.0 Maniapoto Cultural Matters. Part 7.0 Kaitiakitanga and Rangatiratanga Part 8.0 Papakāinga and Marae Part 9.0 Customary Activities Part 10.0 Maniapoto Cultural Heritage
Section D Protecting and Enhancing the Natural Environment Section E Infrastructure and Industry Section F Glossary, Appendices
Appendix 1: Suggested Template – MMTB Tāngata Whenua Effects Assessment Report (CIA)
Appendix 2: He Mahere Taiao Application, Activity, Policy, Process Assessment Tool Template.
The EMP is ‘a tool to support the leadership of Maniapoto at the forefront of exercising kaitiakitanga and rangatiratanga within the Maniapoto rohe’ (district). The EMP assists users in terms of providing best practice guidelines for those who wish to engage with Maniapoto. The EMP has been used as a reference tool in the development of this CIA.
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19. Wāhi Whakahirahira o Ngā Tūpuna – Māori Ancestral Sites of Significance – The Tāngata Whenua Context
The Tāngata Whenua Context: This section is not intended to be a comprehensive study of the relationship of tāngata whenua within the Ōtorohanga area or with the Waipā River and its environs inclusive of those iwi upstream and downstream of the site. This section provides a broad context to the significance of the former Māori township to tāngata whenua residents prior to occupation and settlement of Pākehā in the area. The context provided here presents the former Ōtorohanga township as being a prosperous Māori community prior to acquisition of Māori land holdings by Pākehā in and around the district through the sale of land; but mostly through Māori Land Court and Māori Trustee actions, acquisition under the Public Works Act and other enactments including the Native Township Act which all contributed to the calculated alienation of tāngata whenua from their land to give effect to Pākehā occupation and settlement. Evidence presented at the recent Waitangi Tribunal Wai 898 Rohe Pōtae District Inquiry23 bares testament to the many and various cynical actions undertaken by the Crown and Councils for expeditious land alienation. Significant changes in Māori land holdings from initially having been the only land owners in the district to very quickly owning less than 20% of the township (through imposition of enactments and instruments of the Crown and the Councils) meant there was an inevitable shift in power and authority from Māori to Pākehā. The loss of council documentation during the 1958 flood resulted in virtual expungement of a comprehensive record of information relating to the original prosperous Māori township although it is a matter of debate as to whether there was any such effort to record Māori prosperity. Tāngata whenua showed resourcefulness in adapting to the introduction of Pākeha technology and ways of doing things. With the arrival of Pākehā in Aotearoa, and having observed the way Pākehā lived in other areas, local Māori saw an advantage in making a street complex where they ran their own gigs and buggies well before Pākehā settled in the town. The street names reflected their Māori occupants names (e.g, Matapihi St, Rāpana St, Ihakara St, Haerehuka St) 24 . They built housing, adapted Māori and Pākehā knowledge systems for horticultural purposes, raised stock for farming, raised and raced horses, used their knowledge of the waterways and the native bush to feed the people, even to the extent that they sustained themselves and Pākehā from marae bases through lean times during the recession. Kite, (pronounced “ki” as in “key” – “te” as in “ten”) for example, gifted the land where the Ōtorohanga College is situated to the Council for the purpose of building a school, an example of the mindfulness of tūpuna in terms of having an appreciation of the importance of education.
For many of the Ōtorohanga Māori community there remains a keen sense of loss relating to their land. With the loss of land came the destruction of pā, homes, burial sites, living spaces, place names that recorded their tūpuna oral history, ceremonial places, waterways, pā tuna, mahinga kai, horticultural gardens, repo pātaka kai (swamp land food baskets), destruction of native bush (used for pātaka kai – food basket), and puna (fresh water springs) and waters that were used for all manner of purposes. These included, among other things water used for drinking, food gathering and preparation, cleaning, health promotion, spiritual cleansing, ceremonial rituals, birth rituals, rituals for preparation of deceased; most of which (puna) were destroyed in the draining of land for farming purposes, earth moving for diversion of the Waipā River and
23 Rohe Pōtae District Enquiry https://www.waitangitribunal.govt.nz/inquiries/district-inquiries/te-rohe-potae/ 24 From Ko te Torohanga o ngā Ringa – Tom Roa – p7.
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construction of flood stop banks, construction of the Main Trunk Railway Line and subdivision development of the Ōtorohanga Township for Pākehā settlement.
Figure 3 Below shows pockets of land that remain in Māori ownership.
It is a matter of general public record that land alienation of Māori and assimilation processes of the crown resulted in Māori inability to remain self-sufficient and be self-sustaining. This very quickly culminated in a cataclysm of cultural, social, health, spiritual, and economic adversity, and the loss of mātauranga Māori (Māori world view knowledge systems), loss of values and belief systems, and loss of language for tāngata whenua communities throughout Aotearoa caused devastation over a relatively short period time for a people formerly known for their resourcefulness and adaptability. Tāngata whenua of Ōtorohanga are no different. Treaty settlements and the Rohe Pōtae District Inquiry has continued to contribute to a renaissance of mind, thought and action by tāngata whenua eager to turn the tide of poverty caused by land alienation and equally keen to renew and make visible their standing as legitimate participants and contributors to development and growth of their communities i.e, a standing equivalent to their role as kaitiaki (stewards) of taonga, mātauranga Māori (Māori knowledge systems), whenua, wai, and the environment within which they exist. It would therefore be a mistake to assume that since there is now minimal Māori land ownership in the vicinity of the HVM plant, and minimal information on the general public record pertaining to sites and areas of significance to tāngata whenua, that tāngata whenua do not still have a strong sense of identity and association with places and spaces in the area. Additionally, it would be inaccurate to assume that tāngata whenua do not have a keen interest in future development in and around the Ōtorohanga township since they continue to aspire to a prosperous future for themselves and future generations. Part 10 of the EMP refers to Maniapoto Cultural Heritage in the following terms that include wāhi tapu, sites, places, traditions, knowledge and landscapes that have a particular cultural, spiritual, historical and traditional association for Maniapoto. This may include;
‘places containing physical evidence of past occupation and use, or the location of a significant event or landmark that has an intangible value linked to stories and histories of the past. Sites may possess cultural and natural values that are tangible or intangible, or a combination of both.’25
As kaitiaki, Maniapoto’ role is to protect, preserve and restore its cultural heritage at every opportunity.
25 Ko Tā Maniapoto Mahere Taiao Part 10. Retrieved from https://issuu.com/maniapotomaoritrustboard/docs/maniapoto_-_environmental_managemen/26
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NRMC as representatives of tāngata whenua appreciates the opportunity to present a Māori perspective by way of the production of this Cultural Impact Assessment. NRMC, in the commissioning of this CIA seeks to contribute to the general body of knowledge relating to the cultural significance of local tāngata whenua lands, waterways and living spaces, for the benefit of ngā uri whakatupu (generations to come), HVM and the wider Ōtorohanga community.
20. Wāhi Whakahirahira – Sites of Significance to Tāngata Whenua This section is by no means a complete record of all sites of significance to tāngata whenua in the Ōtorohanga Township. Information relating to the sites has been compiled from:
• Personal Communication from kaumātua and kaikōrero (Māori knowledge holders) • Maniapoto Māori Trust Board – Taonga Register – Eddy Neha & Gabrielle Morgan-Logan (not yet
public record) • Māori Land Court Maps • Māori Trustee records • Pouhere Taonga – Heritage New Zealand • Te Torohanga o Ngā Ringa – Tom Roa • Ngā Tohu a Tainui – Landmarks of Tainui – F.L. Philips
A full and comprehensive single record of all sites of significance to whānau, hapū and iwi in and around the Ōtorohanga Township and along the Waipā River is yet to be compiled. Sites referred to in this CIA are those located within close proximity to the HVM site, a number of which relate to the former Haerehuka Pā and Tārewaanga Marae. The writer does not assign weighting to the veracity of personal communication and, or information presented herein regarding these sites, against information from published records or mainstream knowledge sources. Tāngata whenua contributors to the CIA are regarded as authentic knowledge holders whose contributions as descendants of tūpuna (ancestors) from the district, as purveyors of kōrero tuku iho (knowledge passed from one generation to the next) and whose expressions of wheako whaiaro (personal experience) are held as equivalent to, if not more important than information solely sourced from mainstream knowledge sources.
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a. Te Awa o Waipā – Waipā River
Figure 4 Photo of Waipā River in the foreground with Honikiwi in the background by Wikitōria Tāne
As described in Section 15 of this report Te Awa o Waipā is a taonga of paramount importance to Maniapoto, the extent of which is explained under headings of Te Mana o Te Awa o Waipā, Te Mana Tuku Iho o Waiwaia, Te Mana o Te Wai, Te Mana o Te Awa o Waipā i ngā rā o mua, and Te Mana o Te Awa o Waipā i ēnei rā from the Ngā Wai o Maniapoto (Waipā River) Act 2012. The Waipā river, its tributaries, puna (springs), swamp areas were an important source of food.
The water was used for drinking, cooking, cleaning, a place where all manner of cleansing and rituals took place, and it was the most important means by which Māori travelled quickly throughout the Waipā and Ōtorohanga districts and beyond. The banks of the water ways were an essential space for whānau and hapū to reside.
The Deed in Relation to Co-Management of the Waipā River describes it in this way:
‘Te Awa o Waipa is a taonga to Maniapoto. Maniapoto have a deep felt obligation and desire to restore, maintain and protect all of the waters that flow and/or fall within the Maniapoto rohe (Nga Wai o Maniapoto), whether the waters are above, on or underground. Te Mana o Te Wai (The quality and integrity of the waters) is paramount. The obligation includes the waters that flow into and form part of the Waipa River.
…Maniapoto and the Crown maintain their own viewpoints in respect of the Waipa River that converge in the objective to restore and maintain the Waipa River. The parties agree that protective measures are necessary to safeguard the Waipa River from further deterioration, and that the co-governance and co-management arrangements anticipated in this Deed will provide for the restoration and maintenance of the Waipa River.’ 26
26 Deed in Relation to the Co-Management of the Waipā River retrieved from: http://www.maniapoto.iwi.nz/wp-content/uploads/2016/05/maniapoto_deed_final_270910.pdf
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The Vision and Strategy – Te Ture Whaimana o Te Awa o Waikato27 is a key direction setting document for the protection, preservation and restoration of the Waikato River. By extension the Ngā Wai o Maniapoto (Waipā River) Act 2012 gives effect to the Vision and Strategy in relation to the Waipā River.
The Vision and Strategy:
‘…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 wellbeing of the Waikato River, and all it embraces, for generations to come’
NRMC recognizes it has an obligation and responsibility as kaitiaki to contribute to the realization of the Vision and Strategy in relation to the streams and tributaries that feed into the Waipā River and the Waipā River itself where it relates to future development of the Ōtorohanga District.
Figure 5 Map sourced from NZ Fishing.Com28
27 Waikato River Authority. Retrieved from http://versite.co.nz/~2013/16230/files/assets/basic-html/index.html#6 28 Map of Waipā River sourced from NZ Fishing.com Retrieved from http://www.nzfishing.com/FishingWaters/AucklandWaikato/AWMaps/Waipa_UpperMap.htm
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b. Te Mauri o Te Wai – Waiwaia – Safety, Mitigation & Consent Conditions
Much is said about the significance of Waiwaia as the life giving principle. This section makes explicit the place of Waiwaia in the RMA / consenting / CIA space as it relates to HVM. Waiwaia – the life giving principle of Te Awa o Waipā: At a local level preservation and protective measures were, and still are addressed by way of mana whenua defined, appropriate ritual. Such rituals assist in the ongoing safety of tāngata whenua who reside in the vicinity of the river and, or those involved in activities in and around the river. By extension, in the case of the HVM project, this includes staff and contractors. Additionally, such rituals are considered a means of acknowledging the mana of Waiwaia and seeks to ensure ongoing posterity of the HVM Plant and its operations within the context of the tāngata whenua cultural imperatives. It is the prerogative of tāngata whenua as to the extent to which they wish to share about how protection and preservation might occur. However, it is probable that such protective and preservation measures of taonga (i.e., Waiwaia, water, land, human life and sites of significance), will include communion with Waiwaia and karakia that address and include (but is not limited to) Ranginui, Papatuanuku, Tāne Mahuta and others. Traditionally offerings would be given as a means of acknowledgement and as a reciprocal arrangement between whom the relationship exists. For the purpose of this explanation the relationship is between the Waipā River (the provider of sustenance to its’ territories), Waiwaia (in his role as the life giving principle), tāngata whenua (as kaitiaki) and HVM (as an applicant engaging with tāngata whenua regarding potential cultural impacts of proposed activities). Acknowledgement and reciprocity can be expressed in the form of hospitality, the exchanging of gifts and, or agreements and arrangements that recognise the deed. Additionally, offerings might be symbolic, tangible or intangible, or it might be expressed by way of some type of action, permanent bond or collaboration arrangement. The point is, whatever the offering, it is regarded as reciprocation for the deed done in the same way as one might acknowledge deeds of a good friend or relative. Importantly, the offering should be equivalent to the nature, extent and long term implications of the deed – in this case – the establishment and ongoing operations of the HVM. Conditions of the consent and mitigations fit into this category. NRMC looks forward to ongoing collaboration and agreement to consent conditions and mitigations with HVM.
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c. Kākāmutu
Figure 6. Photo of Kākāmutu southbound opposite the junction of Main North Road and Huipūtea Drive, Ōtorohanga29 Kākāmutu is the name of a place and a pā. Prior to European arrival Kākāmutu was prolific in birdlife, in particular, the kākā30. There are several versions of the origin of its name. One such narrative has it that it was named on account of the snares or traps that were used to catch (mutu) the kākā31 bird. Another refers to a mōkai (pet) kākā whose foot was deformed32, and another talks of a mōkai that was tethered at the foot by its’ master; a strategy to prevent the bird from flying away33. Kākāmutu was a significant ancient pā and was situated at the northern end of what is now the Ōtorohanga central township. It is said to have been a stronghold of the Ngāti Hia hapū (an early people of the region) whose territory extended as far south as Ōhura – in the Ruapehu District. Kākāmutu was originally part of the Kawakawa Range which extended southward from its’ current location, ending immediately before the confluence of the Waipā and Mangapū Rivers. It is known to have been the site of many a battle; that the pā itself was impenetrable. Many burial sites were disturbed and unearthed during the councils’ construction of the streets and development of subdivisions for settlement of Pākeha, and during the construction of the Main Trunk Railway Line. Māori warned the council against construction at Kākāmutu because of the burial sites but those warnings were dismissed as unimportant. Personal account from kaumātua state that urupā (and battle sites) extended down the hillside34 behind what is now the Kiwi House. Smaller pā were located around the foot of Kākāmutu. Some refer to Kākāmutu as being the site from which the renowned Tainui tūpuna Tawhao divided his territory between sons Whatihua (to the west) and Tūrongo (to the east). The tupuna whare (ancestral meeting house) at Kahotea Marae is named after Whatihua. Tūrongo lived with his wife Mahinaarangi at Rangiātea, north east of the Ōtorohanga township.
29 Photo of Kākāmutu - Sourced from Google Maps 30 Personal Communication – Tom Roa – 9 June 2017 - Eltham 31 Personal Communication – Tom Roa – 9 June 2017 – Eltham 32 Tūtahanga Douglas 33 Eddy Neha – Maniapoto Māori Trust Board Taonga Register 34 Personal Communication – Panataua Rangitaawa
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Figure 5. Map of the position of the remnants of Kākāmutu, southbound from the juncture at Huipūtea Drive and Main North Road. Figure 6. shows the position of Kākāmutu at the junction of Kākāmutu Road and Main North Road.
Figure 7. Aerial Photograph of Kākāmutu35
d. Ngā Waewae o Te Rauparaha (also known as Papaapātapu36)
Figure 8. Photo of Ngā Waewae o Te Rauparaha (facing eastward)37 Ngā Waewae o Te Rauparaha is an ancient pā and battle site. Incidents that may render a place wāhi tapu is bloodshed and burial of the deceased. Although karakia were performed in 1995 by kaumātua Ben Rangitaawa, to whakanoa (remove tapu) the site, because of its’ history it remains an important, sacred feature in the Māori landscape. There are a number of ana kōiwi (burial caves) known to be located in the native bush stand on the eastern face of the hillside which was designated a QEII reserve in 1991 and named Dr Ripley Jones QEII Reserve. Ngā Waewae o Te Rauparaha is situated opposite the HVM site. Figure 9. above shows Ngā Waewae o Te Rauparaha facing eastward. The photo was captured from Derek Wooster’s family farm. Ngā Waewae o Te Rauparaha was the subject of submissions lodged in August 1995 in relation to the installation of a transmission tower. Figure 10 and Figure 11 shows the submissions of Ron and Bev Davis 35 Google Map of Ōtorohanga position of Kākāmutu – Altered by Wikitōria Tāne 36 Papaapātapu - referred to as Papaapātapu by Tokitahi Richard Rangitaawa 37 Photo taken by Wikitōria Tāne from Derek Wooster’s family farm
Kākāmutu
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and Richard Tokitahi Rangitaawa, and Rosemary Jones regarding Papaapātapu/Ngā Waewae o Te Rauparaha. Ngā Waewae o Te Rauparaha was sometimes referred to as “Square hill” because of the nature of its flat, square appearance. The name Papaapātapu may originate from the pā’ appearance i.e, Papa (flat ground) a (of) pā-tapu (sacred pā). Figure 12 shows the positions of Ngā Waewae o Te Rauparaha, Ngātaimarino Urupā and the HVM site in relation to each other
Figure 9 Submission from Ron & Bev Davis and Richard Rangitaawa – Ngā Waewae o Te Rauparaha/Pāpaapatapu38
Figure 10 Submission from Rosemary Jones – Ngā Waewae o Te Rauparaha39
38 Submission sourced from Derek Wooster 39 Submission sourced from Derek Wooster
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Ngā Waewae o Te Rauparaha in relation to Ngātaimarino Urupā
Figure 11. Position of Ngā Waewae o Te Rauparaha in relation to Ngātaimarino Urupā and the HVM Factory site.40
e. Ngātaimarino Urupā
Figure 12. Ngātaimarino Urupā (looking eastward)41 Figure 12 shows the position of Ngātaimarino Urupā in relation to Ngā Waewae o Te Rauparaha and the HVM site. Ngātaimarino is an ancient urupā. The block (ID 6709 - Otorohanga P No 2 Sec 1B (Ngātaimarino Urupa) LINZ reference 309802) is approximately one acre in area (.4047 ha) and has 128 owners. Ngātaimarino Urupā was partitioned as an urupā in 191142.
40 Photo taken by Wikitōria Tāne from Derek Wooster’ family farm 41 Photo taken by Wikitōria Tāne from Derek Wooster’ family farm 42 Māori Land Online Retrieved from http://www.maorilandonline.govt.nz/gis/title/6709.htm?feedback_URL=https%3A%2F%2Fconsultations.justice.govt.nz%2Foperations-service-delivery%2Fmlc-customer-survey&helpDoc_URL=https%3A%2F%2Fmaorilandcourt.govt.nz%2Fabout-mlc%2Fpublications%2F%23other-guides&mlc_URL=https%3A%2F%2Fwww.maorilandcourt.govt.nz&moj_URL=https%3A%2F%2Fwww.justice.govt.nz&nzGovt_URL=http%3A%2F%2Fnewzealand.govt.nz&contactUs_URL=http%3A%2F%2Fwww.maorilandcourt.govt.nz%2Fcontact-us
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f. Dr Ripley Jones QE II Reserve
Figure 13. Photo of Dr Ripley Jones QEII Reserve taken from Mātaiata – Wikitōria Tane
Figure 14. Map of Ngātaimarino, Ngā Waewae o Te Rauparaha & Dr Ripley Jones QE II Reserve43 The Dr Ripley Jones QE II Reserve was designated a QE II reserve in 1991 by Dr Ripley Jones. It appears (from the cadastral map below – figure 16) that blocks Q2E, D, C, B and A, prior to Dr Jones owning the blocks, that they were part of the original, Ōrāhiri Block. In a 1995 submission to the Ōtorohanga District council, Rosemary Jones states ‘Dr Jones made the covenant so that the area would not be destroyed by rural subdivision buildings, power lines, cell masts, clearing and ‘thoughtfulness’.44 The cadastral map below also shows the original path of the Kāwhia Road being right-angled in orientation before later changes were made to the road and the original path of the Waipā River prior to river diversion and construction of stop banks. Just north of the HVM plant are a number of oxbows created by the river diversion. NRMC sees potential and an opportunity for restoration development (with consents, landowners agreement, councils’ and community support), to restore the oxbows
43 Map sourced from Dr Xavier Forde – Pouhere Taonga – Heritage NZ and adapted by Wikitōria Tāne 44 Refer to submission from Rosemary Jones figure 11
Reservee
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Figure 15 Snapshot of Cadastral Map - Hamilton Māori Land Court – showing QEII Reserves including Dr Ripley Jones Reserve45
g. Haerehuka Pā
Figure 16 Below showing the extent of Haerehuka Pā including māra kai – forefront of the photo to the edge of the Waipā River
45 Cadastral map sourced from Māori Land Court Hamilton
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Figure 17 Positions of Wāhi whakahirahira within the vicinity of the former Haerehuka Pā46 Haerehuka Pā was a substantial former pā of Ngāti Maniapoto iwi, and hapū of Ngāti Hinewai, Ngāti Paretekawa, Ngāti Rungaterangi and Ngāti Apakura. Haerehuka Pā was a hub of Ngāti Maniapoto activity and gatherings and was a place where Ngāti Maniapoto chiefs met to discuss important matters of the day, issues to do with land and the Māori Land Court hearings held in Ōtorohanga. Excerpt from Te Torohanga o ngā:
‘Kite and his father Paiaka built a house on Haerehuka which became known as Te Whare Komiti. During sittings of the Māori Land Court in Ōtorohanga, Ngāti Maniapoto chiefs would gather here and discuss the Count and Land issues. When Kite’s mother Tiraroa died a dispute arose between him and his aunt Kāhira. The Māori land Court awarded the land at Haerehuka to Kāhira. But the house was Kite’s. So he shifted his house onto Taarewanga which had been awarded to his mother Tiraroa, and from her to him.’
Figure 17 shows the positions of māra kai (gardens), pā tuna, Haerehuka pā and Te Whare Komiti, Tarewaanga Marae and the tupuna whare Te Rauatemoa. Whānau of Haerehuka Pā were skilled horticulturalists and grew, among vegetables and fruit trees.
h. Te Whare Komiti
Group of Ngati Maniapoto chiefs photographed at Whare Komiti at Haerehuka, King Country, 4 Jun 1885, by Alfred Burton. Back row, from left: Rewi Maniapoto, Tawhana Tikaokao, Taonui Hikaka, Hone Wetere Te
46 From Google Maps and adapted by Wikitōria Tāne, information sources Tom Roa, Eddy Neha, Gabrielle Morgan.
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Rerenga. Front row, from left: Te Rangituataka, Te Naunau Hikaka. Inscriptions: Photographer's title on negative - bottom left - 3622 - Great chiefs at Whare-Komiti-Haerehuka - King Country.- Figure 18 Picture of chiefs gathered outside Te Whare Komiti47
Te Whare Komiti was an important meeting house at Haerehuka Pā built by the ancestor Paiaka and his son Kite. Ngāti Maniapoto chiefs gathered there to discuss the Māori Land Court and land issues. Māori Land Court Hearings were held in Ōtorohanga.
i. Māra Kai – Food Cultivation
Figure 19 – Haerehuka māra kai – Wikitōria Tāne
Māra kai were numerous throughout Ōtorohanga. One such māra was by Haerehuka Pā. Another was in the vicinity of the old timber company and the cement works which was called Waikōwhitiwhiti on account of area having been a swamp and Waikōwhitiwhiti (native water cress) being abundant there. Much of the area in the foreground up to the edge of the Waipā River was in māra (food garden).
j. Tārewaanga Marae
Figure 20 - Photo of Tārewaanga Marae – Tūpuna Whare – Te Rauatemoa48 - Wikitōria Tāne Tārewaanga is the name of the marae situated next to the Ōtorohanga College on Ōuruwhero Rd. It was settled by Ngāti Hia who later took the name of Ngāti Hinewai, after whom Hinewai Street is named. The marae was also referred to as Kite’s Pā. Kite was the son of Paiaka who was from Ngāti Paretekawa of Mangatoatoa Pā in the Kakepuku area. Some say it was named on account of floods and heavy fog during the time of ancestors49. From a distance the large rock formations on the adjacent hills appeared to be
47 Photo and caption retireved from http://www.digitalnz.org/records/23035083 - Information source - Tom Roa & “Ko te Torohanga o ngā Ringa” – Tom Roa 49 Personal communication Weno Iti – 2016
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suspended mid-air, hence the name “tārewa” – to be suspended – and “anga” – to be in a state of – i.e, “to be in a state of suspension”. In his book Ko Te Torohanga o ngā Ringa, Tom Roa refers to some of the kuia of the marae, who as children, would climb a ti kouka tree to fly a Paimārire flag while Kite recited karakia. They assert that the “tare” in Tārewaanga refers to the flag “dangling” or “taretare” in the breeze. Finlay Phillips (author of Ngā Tohu o Tainui – Landmarks of Tainui) relates that the name refers to terracing of the landscape leading to Kākāmutu. Floods were not a time of dread for tāngata whenua but rather a time of bounty since the repo (swamp) in and around the Haerehuka Pā area and south toward the Waitomo Stream would be teeming with tuna and ducks etc from the flooded Waipā River hence there was much less of a need to expend the usual amount of time and energy hunting and fishing50
k. Te Rauatemoa – Tūpuna Whare (ancestral house)51
Figure 21 - Te Rauatemoa Tupuna Whare
Te Rauatemoa is the ancestral house at Tārewaanga Marae. The name originates from the ancestor Uekaha52. During Uekaha’ time (as an adult), moa were prolific in the area, hence “te rau” – hundreds, “o” – of, “moa” i.e, Te Rau-o-te-moa. By the time his mokopuna (grandchild) was a young child there were very few moa, thus, the name was changed from “o-te-moa” to “a-te-moa” on account of the change of status of the moa in his grandchilds’ life time.
k. Mātaiata
Figure 22 Mātaiata – Taken from just below the summit of the hill – by Wikitōria Tāne
50 Personal communication Tom Roa – 9 June 2017 - Eltham 51 Personal communication Tom Roa – 9 June 2017 - Eltham 52 Personal communication Tom Roa – 9 June 2017 - Eltham
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Mātaiata is an ancient sacred observatory, urupā. The name is said to originate from the word “mātaki” – to observe, and “ata” – morning. Some say Mātaiata was used by tohunga in the early hours of the morning to predict the days’ events. Mātaiata sits adjacent to and north of Tārewaanga Marae. This photo is taken from just below the summit looking slightly south west of the Milk Factory Plant.
l. Mātaiwhetu
Figure 23 - Taken Photo taken from Mātaiata – Wikitōria Tāne
Mātaiwhetu is also an ancient sacred observatory and urupā. The name is said to originate from the word “mātaki” – to observe, and “whetu” – stars. Some say Mātaiwhetu was used by tohunga in the dead of the night, which predictions from Mātaiwhetu related to the year to come. Mātaiwhetu is situated opposite Tārewaanga Marae.
m. Te Ārero
Te Ārero is a rock formation in the shape of a tongue (“ārero”) which sits at the entrance to a burial cave on Mātaiwhetu. It cannot be seen from the road due to overgrowth. The cave was used for burial purposes (ana kōiwi). Tohunga conducted rituals at the site and it is said that sacrifices in blood took place at Te Ārero.
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All significant sites around Tārewaanga Marae and Haerehuka Pā
Figure 24 Google Map of Significant sites around Haerehuka Pā and Tārewaanga Marae53
n. Pā Tuna There were a number of pā tuna along the length of the Waipā River. The one shown in figure 17 was identified by Gabrielle Morgan and Eddy Neha during an MMTB Taonga Register mapping session.
53 Map sourced from Google Maps – adapted by Wikitōria Tāne. Sites provided by Gabrielle Morgan.
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o. Te Pū o Karewa54 Te Pū o Karewa relates to the battle at Huipūtea55 (at Huipūtea Drive). It is said that a warrior from Ngāpuhi was apprehended during his escape from Maniapoto and Waikato after the annihilation of most his kin at Huipūtea. When he was killed, his assailant held the victims’ gun outstretched above his head as he declared his triumph. “Te Pū” – “o” – “Karewa”, i.e., the gun of Karewa.
p. Te Ana Taniwha o Waiwaia Te Ana is a taniwha lair where Waiwaia – Te Mauri o Te Wai – is said to reside. Stories abound within the local whānau of sightings and, or being aware of Waiwaia’ presence.
q. Unnamed Ana Taniwha This ana taniwha was identified by Eddy Neha and Gabrielle Morgan by the MMTB during a Taonga Register interview.
r. Unnamed Ana Taniwha Also captured during an interview with Gabrielle Morgan and Eddy Neha.
s. Unnamed Puna This puna was identified by Eddy Neha and Gabrielle Morgan during an MMTB Taonga Register interview. Tom Roa discussed it having been named after the grandchild of a renown ancestor.
54 Captured by MMTB – Taonga Register mapping interview with Eddy Neha 55 The story of the battle of Huipūtea. Refer to http://www.teara.govt.nz/en/photograph/34842/huiputea-a-landmark-tree
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21. Resource Management Act (Part 2)56 considerations – Environmental Effects - Water
Section 3 “Introduction” of this report provides an RMA Part 2 context in relation to this project.
The key issues with respect to overarching principles of the RMA is to promote the sustainable management of natural resources, in this case, the key issues are water take and use, and waste water treatment.
With this in mind, issues raised by NRMC regarding water should be addressed with appropriate consideration of Part 2 RMA matters. The Waipā River is already over allocated. Further information is required for water use/take and waste water treatment and consent applications that outline specifically how HVM proposes to address water take and waste water treatment. This should include:
a. provision of sufficient detail pertaining to the proposed use and management of the salt water bore (See Appendix 7) that would give assurance of its ability to supply the volume of water required to establish and operate the plant without major adverse effects on:
i. the environment; ii. the underground water table; iii. the Waipā River – specifically because it is in close proximity to the salt water bore, and; iv. the potential for contamination of land and waterways from proposed desalination of the
salt water bore;
22. Section 6 – Matters of National Importance57
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:
(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga (f) The protection of historic heritage from inappropriate subdivision and development
NRMC with respect to Section 6 (e) considers, in its’ role as kaitiaki, this issue will need to be fully considered in the regional consent water application processes
Section 19 of this report deals with Wāhi Whakahirahira o ngā Tūpuna – Sites of significance to ancestors. NRMC considers that the proposal is unlikely to have an effect on the majority of sites referred to in section 19, with the exception of the land upon which the plant will be established, the Waipā River and the repō (swamp) that sits within the Dr Ripley Jones QEII Reserve both west and east of the Kāwhia Road. However, since the river is the key source of sustenance of the lands on either side of the Waipā River environmental effects remain unknown.
56 See RMA Part II http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM231905.html 57 See RMA Part II Section 6 http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM231907.html
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Section 18. a and b deals with the issue of the Te Mauri o Te Wai – Waiwaia and Te Awa o Waipā – The Waipā River, the cultural context from a local perspective and how it applies to consent conditions and mitigations.
HVM proposes mitigation measures in the form of riparian planting in the eastern section of the QUEII reserve. NRMC has recommended a local iwi riparian plant nursery – Puniu Rivercare – situated at Mangatoatoa Marae. Puniu Rivercare is involved in the restoration of the Puniu River Catchment. Mangatoatoa Marae is a member marae of NRMC.
NRMC acknowledges the proposal has the potential to bring benefits to the local community e.g., employment, not only in terms of plant construction but also operation and maintenance going forward.
Other mitigation measures could include HVM and NRMC collaboration with councils and participation in river and tributary restoration projects in and around Ōtorohanga.
23. Section 7 – Other matters58 RMA Section 7 (a) “In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to –
(a) Kaitiakitanga (aa) The ethic of stewardship”
NRMC has entered into a memorandum of understanding (MOU) with HVM which is based on the value of mutual respect and good will. The MOU, in terms of the relationship, goes beyond the scope of this proposal.
For NRMC kaitiakitanga includes the ethic of being a good citizen in so far as consideration must be given to effects on waterways beyond the immediate site. NRMC expresses its “good citizenship” in terms of ensuring that consideration is given to effects the proposal might have on the site, its’ immediate environment and where appropriate, beyond. The Ōtorohanga Waste Water Treatment Plant – while being situated east of the township – is one such consideration since the proposal is for the plant to be connected to the council reticulation system for treatment and disposal of wastewater through the Treatment Plant. Effects of over allocation of the Waipā River, potential effects on the water table and the Waipā river from use of a bore within close proximity to the Waipā River is another.
58 See RMA Part II Section 7 http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM231910.html
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24. Section 8 – Treaty of Waitangi59 RMA Section 8 “In achieving the purpose of this Act, 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).”
Tiriti o Waitangi matters in relation to this project are largely governed by 2010 River Settlement act, Ngā Wai o Maniapoto (Waipā River) Act 2012 and subsequent co-management legislation. Additionally, the EMP provides a tāngata whenua context and gives clarification on best practice engagement with tāngata whenua as a treaty partner with respect to environmental matters; development and protection of natural and physical resources.
NRMC acknowledges HVM’ recognition and acceptance of NRMC as a tāngata whenua group and the good will relationship it has established with NRMC.
25. Mitigation
Appendix 9 is an excerpt from the HVM resource consent application – Section 6.1.2 – erosion and sediment control – regarding mitigation measures pertaining to the project.
NRMC wishes to ensure the mitigations suggested are consent requirements rather than reliant on contractor goodwill for implementation.
NRMC is will make further recommendations on mitigation measures during the regional consent process as NRMC considers water and wastewater to be the key issues for this proposal. Full discussion and resolution on mitigation measures on the project will be further addressed when there is completion of all consent processes on the key water issues.
See Section 18. b. for reference to consent conditions and mitigation measure within the cultural context.
26. Construction Plan
HVM has not yet supplied a comprehensive construction plan for this consent.
NRMC proposes to be involved in the construction plan phase of the plant in as much as monitoring is concerned. NRMC looks forward to discussion on the plan.
59 See RMA Part II Section 7 http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM231910.html
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27. Monitoring
NRMC proposes to engage iwi monitors for the duration of plant construction and operation of the plant. Detailed discussion as to the nature and extent of monitoring is yet to occur. NRMC looks forward to those discussions with HVM.
28. Proposed Consent Conditions Consent conditions have yet to be discussed with HVM.
NRMCs’ position is that it cannot give effect to its role as kaitiaki within the context of this proposal without full discussion, consultation and reconciliation on the issue of absence of water use and waste water treatment applications.
NRMC looks forward to ongoing discussions with regard to consent applications and clarification on water and waste water.
29. Conclusion NRMC acknowledges the good faith relationship established with HVM and appreciates this opportunity to provide a tāngata whenua cultural perspective on the application. This CIA draws particular attention to the tāngata whenua cultural context within which the HVM application sits.
NRMC in exercising kaitiakitanga and rangatiratanga in the preparation of this CIA, understands its’ obligation and responsibility to HVM and tāngata whenua, to ensure it has approached the CIA in a reasoned and measured way. NRMC wishes to acknowledge the time extension given by HVM to allow full completion of the draft CIA, and acknowledges tāngata whenua willingness to contribute to the CIA by way of feedback and information about wāhi whakahirahira.
Multiple sites of significance have been identified within close proximity to the plant. Despite alienation of their traditional land within the vicinity of the plant, tāngata whenua still maintain a very strong sense of identity and association with the area. Tāngata whenua consider the Waipā River, and Waiwaia as significant taonga in the environmental and cultural context.
As was indicated during initial consultation, NRMC is largely supportive of the HVM project and recognizes the opportunities the project brings to tāngata whenua and the Ōtorohanga Community.
However, since resource consent applications for water take and use, and wastewater treatment have yet to be applied for by HVM, support remains conditional upon clarification and continued consultaton and agreement with respect to the status of water take and use by HVM for use in its plant establishment and operations and wastewater treatment going forward. NRMC understands that the plant cannot be established or operated without lodgement and those consents.
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30. Other recommendations NRMC wishes to continue to assist HVM to work through the application and consenting process toward granting of consents by council. NRMC proposes HVM might do this by:
a. Further consultation meeting/s with NRMC to discuss, agree and plan how to resolve
issues.
b. Further consultation with tāngata whenua by way of hui-ā-iwi once the abovementioned issues have been addressed to the satisfaction of councils and tāngata whenua. NRMC can assist with organising hui-ā-iwi.
c. Consultation and agreement with tāngata whenua regarding conditions of consents as referred to in a, b, and c of this section;
d. Consultation and agreement with tāngata whenua on remedial and mitigation measures available to HVM;
e. Consultation and agreement to identify tāngata whenua involvement in the plant construction work plan;
f. Consultation and agreement to monitoring remedial and mitigation measures pertaining
to land disturbance, water use and water take and ongoing monitoring of the waterways within the area.
NRMC looks forward to assisting HVM to resolve these matters.
Nehenehenui Regional Management Committee
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31. Acknowledgements and Personal Communication This section acknowledges personal communication from tāngata whose contributions toward the collection of sites of significance and articulation of the cultural context and cultural heritage (of the NRMC – Ōtorohanga area for this CIA) facilitated the telling of a tāngata whenua perspective. Listed below are the names of each contributor to the compilation of this report and a brief note as to their contribution. Included in the list are names of tūpuna who have contributed to the learning. 1. Tom Roa, memories of Haerehuka Pā, kaumātua and kuia of that time, Tārewaanga & Kākāmutu area
sites, Ōtorohanga Māori Township Act, relating te mauri o te wai in the RMA space, Panataua and Te Tatau Rangitaawa nee Paiaka & Kite me ngā uri whakatupu, Uekaha, Ngāti Hia, Ngāti Hinewai – Eltham – June 2017;
2. Tom Roa, relating Te Torohanga o Ngā Ringa to the collection of sites of significance – Eltham – June 2017;
3. Eddy Neha Tārewaanga sites – Taonga Register, growing up on the Waipā, te tupuna Parekaihina; 4. Gabrielle Morgan – Tārewaanga & Haerehuka sites, growing up on the Waipā, 5. Henare Tauaiti Rangitaawa – Waiwaia, karakia and whakarite; 6. Panataua Ben Rangitaawa –Articulating and managing ā wairua situations for safety, karakia &
whakarite; 7. Tokitahi Richard Rangitaawa – Papaapātapu/Ngā Waewae o Te Rauparaha, building & sustaining
relationships with tauiwi, reciprocity, karakia and whakarite for safety; 8. Pera Rangitaawa MacDonald – Assistance with review of Te Reo Māori translation, Public Works Act –
Waipā River Diversion impacts growing up on the Waipā; 9. John Tata Henry – Waiwaia, Waipā River Diversion, karakia and whakarite; 10. Derek Wooster – NRMC contribution and group discussion, Farm visit, Papaapātapu, Ngātaimarino,
Oxbows, Redlands Rd area, submissions regarding DR Ripley Jones QE II Reserve; 11. Bill Paki – NRMC contribution and group discussion, consultation with Ōtewa Marae 12. Rangiawatea Tāne – Secretary of NRMC, NRMC contribution and group discussion, peer review,
consultation with Te Kotahitanga Marae; 13. Rama Kite – peer review, NRMC contribution and group discussion, consultation with Kahotea Marae; 14. Barney Manaia NRMC contribution and group discussion, consultation re Kahotea Marae; 15. Yvonne Mita – NRMC contribution and group discussion, consultation re-cultural auditor, consultation
with Te Keeti Marae; 16. Tuhiwai Kingi – NRMC contribution and group discussion, consultation with Pūrekireki Marae; 17. Tongaporutu Neha – NRMC contribution and group discussion, consultation with Tārewaanga Marae; 18. Dr Xavier Forde – Pou Here Taonga – Dr Ripley Jones Reserve map; 19. Maniapoto Māori Trust Board – Support for the writing of the report; 20. Tīpene Wilson – EMP advice, assistance with the CIA format; 21. Ngāhuia Searancke – peer review; 22. Kura Stafford – EMP advice, consultation on RMA matters and peer review; 23. Shannon Te Huia – Taonga Register mapping modelling; 24. Tramaine Murray advice on mapping.
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Mihi Whakamutunga Ngā mihi aroha ki a koutou e te pā whakawairua, nā koutou i whakatakoto i ngā kōrero tuku iho o rātou kua mene ki te pō. Ā, me te miharo o te kōrero, te hohonu o te whakaaro, anō hoki me te putanga atu o te mamae me te aroha e rere tonu ana i ngā tūāhuatanga e pā ana ki te ngaromanga o tō tātou whenua. Ko te tūmanako nā te putanga atu o ta koutou kōrero ka whakatūturuhia e te pūrongo nei o koutou tūhonohono ki tēnei whenua me to koutou tautoko ki te manaaki me te whakaora i te taiao. Paimārie ki a rātou, paimārire ki a koutou, paimārire ki a tātou katoa. Wikitōria Tāne Researcher / Writer Commissioned by Te Nehenehenui Regional Management Committee
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32. REFERENCES
Parliamentary Council Office – Te Tari Tohu Paremata New Zealand Legislation. Ngā Wai o Maniapoto
(Waipā River) Act 2012. Retrieved from http://www.legislation.govt.nz/act/public/2012/0029/latest/DLM3335204.html
Otorohanga District Council. Project Tomo: resource consent application – ODC, Happy Valley Milk.
Retrieved from http://www.otodc.govt.nz/assets/Uploads/Notified-Applications/Happy-Valley/RM160079-Application-Report.pdf
Maniapoto Māori Trust Board. Deed in relation to the co-governance and co-management of the Waipā river – Statements of Significance of the Waipā River. Retrieved from http://www.maniapoto.iwi.nz/wp-content/uploads/2016/05/maniapoto_deed_final_270910.pdf, p. 9.
Victory University of Wellington. Treaty of Waitangi, an explanation; Te Tiriti o Waitangi, he
whakamarama. Retrieved from http://nzetc.victoria.ac.nz/tm/scholarly/tei-NgaTrea-t1-g1-t1.html Parliamentary Council Office – Te Tari Tohu Paremata New Zealand Legislation. Resource Management Act
1991. Retrieved from http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM230265.html Waikato River Authority. Restoring and protecting the health and wellbeing of the Waikato River; Vision
and Strategy for the Waikato River http://www.waikatoriver.org.nz/wp-content/uploads/2011/07/Vision-and-Strategy.pdf
Maniapoto Maori Trust Board. Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management
Plan. Retrieved from http://www.maniapoto.iwi.nz/ko-ta-maniapoto-mahere-taiao-maniapoto-environmental-management-plan/
Parliamentary Council Office – Te Tari Tohu Paremata New Zealand Legislation. Ngā Wai o Maniapoto (Waipā River) Act 2012. Preamble. Retrieved from http://www.legislation.govt.nz/act/public/2012/0029/latest/DLM3335204.html
Maori Dictionary. Kawau mārō. Retrieved from http://maoridictionary.co.nz/search?idiom=&phrase=&proverb=&loan=&histLoanWords=&keywords=kawau+m%C4%81ro
Maniapoto Māori Trust Board. Maniapoto Rohe Map. Retrieved from
http://www.maniapoto.iwi.nz/about-us/rohe-map/
Maori Dictionary. Rengarenga. Retrieved from
http://maoridictionary.co.nz/search?idiom=&phrase=&proverb=&loan=&histLoanWords=&keywords=rengarenga
Ōtorohanga District Council. “Discretionary Activity”. Retrieved from
http://www.otodc.govt.nz/assets/Uploads/ODC-Operative-District-Plan-On-Line-Version2.pdf
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Ōtorohanga District Council. Summary of Submissions. Retrieved from
http://www.otodc.govt.nz/assets/Uploads/Notified-Applications/Happy-Valley/Summary-of-Submissions.pdf
Waikato River Authority. Map of Wapā Area C retrieved from http://www.waikatoriver.org.nz/catchment/ Waitangi Tribunal: Te Rōpū Whakamana I te Tiriti o Waitangi. Rohe Pōtae District Enquiry.
https://www.waitangitribunal.govt.nz/inquiries/district-inquiries/te-rohe-potae/ Roa. Tom., 2005. Ko te torohanga o ngā ringa. p. 7. Taarewanga Marae DIGITALNZ Ā-TIHI O AOTEAROA. Great chiefs at whare komiti, Haerehuka, King Country. 1 Photo and
caption retireved from http://www.digitalnz.org/records/23035083 Waikato River Authority. Vision and Strategy. Retrieved from
http://versite.co.nz/~2013/16230/files/assets/basic-html/index.html#6 nzfishing.com. Upper Waipa River Map. Retrieved from
http://www.nzfishing.com/FishingWaters/AucklandWaikato/AWMaps/Waipa_UpperMap.htm Golder Associates. Desktop review of groundwater abstraction options for Happy Valley Milk. Retrieved
from http://www.otodc.govt.nz/assets/Uploads/Notified-Applications/Happy-Valley/RM160079-FIR-Attachment-A-Golder-Associates-Ground-Water-Abstraction.pdf
Te Kooti Whenua Māori Māori Land Online. Block: Otorohanga P No 2 Sec 1B (Ngataimarino Urupā).
Retrieved from http://www.maorilandonline.govt.nz/gis/title/6709.htm?feedback_URL=https%3A%2F%2Fconsultations.justice.govt.nz%2Foperations-service-delivery%2Fmlc-customer-survey&helpDoc_URL=https%3A%2F%2Fmaorilandcourt.govt.nz%2Fabout-mlc%2Fpublications%2F%23other-guides&mlc_URL=https%3A%2F%2Fwww.maorilandcourt.govt.nz&moj_URL=https%3A%2F%2Fwww.justice.govt.nz&nzGovt_URL=http%3A%2F%2Fnewzealand.govt.nz&contactUs_URL=http%3A%2F%2Fwww.maorilandcourt.govt.nz%2Fcontact-us
Google Maps. Otorohanga - Kākāmutu. Retrieved from
https://www.google.co.nz/maps/place/Otorohanga/@-38.1805246,175.2039328,2307m/data=!3m1!1e3!4m5!3m4!1s0x6d6cc0604e3269e7:0x500ef6143a2f240!8m2!3d-38.1888076!4d175.2098888
Parliamentary Council Office – Te Tari Tohu Paremata New Zealand Legislation. Resource Management Act
1991 Part II. Retrieved from http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM231905.html
Ibid. Retrieved from http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM231907.htm
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33. APPENDICES APPENDIX 1 – Glossary of Māori Terms
This list is a glossary of Māori terms used in the report for which translation has not already been provided. Note: Vowels with a macron above it are pronounced in the long form e.g., hapū is pronounced hapuu, tāngata is pronounced taangata whenua. A macronised vowel sound can denote more than one of that object and vowel sounds without an accompanying macron are pronounced in its short form e.g., tangata is one person whereas tāngata is more than one person; hapu is a subtribe whereas hapū is more than one subtribe, tupuna is an ancestor whereas tūpuna is more than one ancestor, matua is a father or uncle whereas mātua are parents, aunts and uncles.
1. ana taniwha – taniwha lair
2. hapū – sub-tribe, Iwi usually contain a number of hapū with a common ancestor. 3. hui – a meeting. 4. hui-a-iwi – a meeting in which one or more hapū or iwi is invited to attend. 5. iwi – tribe, usually contain a number of hapū with a common ancestor.
6. kaimahi – workers
7. kaitiaki – The ethic of stewardship (see RMA). The role and responsibility of Tāngata Whenua to
ensure that the mauri, or vital life essence, of their taonga is healthy and strong, in accordance with their tikanga (traditional sustainable management practices); the ethic of guardianship.
8. kaitiakitanga – means 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. The exercise of kaitiaki roles and responsibilities. This is the principle of responsible guardianship to maintain and enhance a safe and healthy environment for present and future generations.
9. kaumātua – a gender and number neutral term for elder – inclusive of koroua and kuia. 10. kaunihera – transliteration of the word council, usually made up of knowledgeable or experienced
people elected to a group for their specific expertise and with a common goal e.g., kaumātua kaunihera – a group of elders elected to give advice on mātauranga Māori, traditions and protocols.
11. Kīngitanga – The King Movement – used to represent followers of The King Movement. 12. Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan 13. koroua – elderly man – grandfather or grand-uncle.
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14. kuia – elderly woman – grandmother or grand-aunt. 15. Mahinga kai – garden cultivation
16. mana tuku iho o Waiwaia – Te mana tuku iho o Waiwaia is referred to in the Ngā Wai o Maniapoto
(Waipa River Act) 2012 as the obligation to the care and protection of te mana tuku iho o Waiwaia extends to instilling knowledge and understanding within Maniapoto and the Waipa River communities about the nature and history of Waiwaia.
17. Maniapoto – The ancestor from which the tribe is named. Rereahu and Hineaupounamu are
Maniapoto’ parents. 18. Māra kai – vegetable gardens, cultivation
19. mātauranga Māori – traditional and contemporary Māori knowledge and knowledge bases. This
includes the body of knowledge originating from Māori ancestors, including the Māori world view and perspectives, natural and spiritual world. As an organic and living knowledge base, mātauranga Māori is ever growing and expanding.
20. Nehenehenui – great forest - nehenehe (forest), nui (great). The Nehenehenui RMC sits within the
area renowned in former times for its great Kahikatea forest and referred to as Te Nehenehenui.
21. Ngā Wai o Maniapoto (Waipā River) Act 2012 – Waipā River Act. 22. Ngāti Maniapoto – Ngāti Maniapoto Iwi (tribe) derive from the ancestor Maniapoto who lived in the
17th century. Ngāti Maniapoto is one of the confederation of tribes that descend from the Tainui Waka.
23. pā tuna – eel weir, weir for catching tuna/eels
24. Paimārire/Paimārie - Christian faith developed by Te Ua Haumēne in Taranaki which is still practised by
some, including Waikato Māori.
25. papakaainga – means tāngata whenua communities, places where tāngata whenua live primarily clustered around marae and other places of significance.
26. Puna – Fresh water spring
27. rangatiratanga – for the purposes of this submission rangatiratanga means only Maniapoto (by extension this includes NRMC) can represent Maniapoto interests within the Maniapoto rohe (including the NRMC area designated No. 2 in the Maniapoto Regional Management Committees map Appendix 1); and includes Maniapoto decision-making within the Maniapoto rohe and tino rangatiratanga over Maniapoto knowledge and resources. (see Waipā River Act)
28. Rewi Maniapoto – The ancestor chief born in the 19th century. Rewi’ birth name is Manga however
he took the name Rewi – transliteration of Levi – short for Leviticus.
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29. rohe – Area, region, district. 30. tāngata whenua – means Māori and their whānau, marae, hapū and iwi that whakapapa, or have
genealogical connections, to the land by virtue of first or primary occupation of the land by ancestor(s) through a variety of mechanisms such as maintaining ahi kā roa (long term occupation) or conquest.
31. taonga – something treasured, including but not limited to waterways, native flora and fauna, plants,
trees and animals, wetlands, natural resources, places and landscapes. 32. Te Arikinui – The Māori King – in this report a Te Arikinui representative is a representative identified
by Maniapoto who acts as a conduit between the Māori King / the Kīngitanga and the Maniapoto Māori Trust Board.
33. Te Kawau Māro – (noun) fighting formation, concentrated attack - a military tactic where the war
party advances in a triangle formation in battle to come to close grips and to split the enemy ranks.
34. Te Nehenehenui Area – For the purpose of this submission Te Nehenehenui area is that designated in the Maniapoto Regional Management Committees Map – see Section 5, Figure 2.
35. Te Tiriti o Waitangi – The Treaty of Waitangi. 36. Te Ture Whaimana – Vision and Strategy for the Waikato River. 37. tongi – shortened form of tongikura – a prophetic saying sometimes by a charismatic leader.
38. urupā – Māori cemetery
39. wāhi whakahirahira – sites of significance
40. whakamutunga - ending 41. whānau – family, immediate family and also those with loose whakapapa connections.
APPENDIX 2 – Excerpt from Ngā Wai o Maniapoto (Waipā River) Act 2012 A. Except from Ngā Wai o Maniapoto (Waipā River) Act 201260
‘Te Mana o te Awa o Waipa
(8) The Waipa River is of deep, cultural significance to Maniapoto. It is a taonga to Maniapoto and respect for it lies at the heart of their spiritual and physical wellbeing and their tribal identity and culture.
60 Ngā Wai o Maniapoto (Waipā River) Act 2012 Preamble http://www.legislation.govt.nz/act/public/2012/0029/latest/DLM3335204.html
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(9) To Maniapoto, the essence and wellbeing of the Waipa is Waiwaia, a spiritual guardian of all things that are the Waipa River. Its importance to Maniapoto is boundless.
(10) To Maniapoto, the Waipa River is a single indivisible entity that flows from Pekepeke to its
confluence with the Waikato River and includes its waters, banks, bed (and all minerals under it) and its streams, waterways, tributaries, lakes, fisheries, vegetation, floodplains, wetlands, islands, springs, geothermal springs, water column, airspace and substratum as well as its metaphysical elements with its own mauri.
(11) Maniapoto have a deep felt obligation to restore, maintain, and protect the quality and
integrity of the waters that flow into and form part of the Waipa River for present and future generations and to the care and protection of the mana tuku iho o Waiwaia.
(12) To Maniapoto, their relationship with the Waipa River, and their respect for it, gives rise
to their responsibilities to protect Te Mana o Te Wai and to exercise their kaitiakitanga in accordance with their long established tikanga.
B. Te Mana o te Wai
(13) Te Mana o Te Wai is paramount to Maniapoto. Historically, Te Mana o Te Wai was such that it would provide all manner of sustenance to Maniapoto including physical and spiritual nourishment that has over generations maintained the quality and integrity of Maniapoto marae, whanau, hapu and iwi.
(14) The obligations are intergenerational and extend to Nga Wai o Maniapoto – all waters
within the Maniapoto rohe – whether the waters are above, on, or underground.
C. Te mana tuku iho o Waiwaia
(15) The obligation to the care and protection of te mana tuku iho o Waiwaia extends to instilling knowledge and understanding within Maniapoto and the Waipa River communities about the nature and history of Waiwaia.
D Te Awa o Waipa – i nga wa o mua
(16) The relationship between Maniapoto and the Waipa River is historic, intellectual, physical, and spiritual and is expressed by the people of Maniapoto in various ways—
• (a) The awa was a playground, a place to fish for inanga and for tuna, for freshwater
crayfish, watercress, taraute and parera. During World War II and rationing, the awa was the source of kai. Significant tuna pa structures could be seen if the river level dropped during a dry spell. The 1958 flood changed that.
• (b) The Waipa is a sacred river where the tohi rituals were performed, where the umbilical rites were observed and where the purification rituals were undertaken.
• (c) The river chants its farewells to our departed ones, its murmuring waters bid welcome to our newborn and to our illustrious visitors from afar.
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• (d) Like an atua I wing my way into the heavens above! I gaze down below! There
below lies my river Waipa, cutting her way over the breast of my native land. My eyes brim with tears at the vision of splendour, 'tis the love for my river that meanders away. My eyes gaze intently upon the deep pools of the river they are the myriad lairs of Waiwaia; the atua who gathers food for the people. The rocks of the river are an easy pillow for my head. The deep stretches of the river are a bed that rejuvenates my spirit and body. I am sustained by the river, by taking the waters of the ancients, drawing the waters from the atua, by procuring the very water of life!
• (e) The rippling waters are clearly heard by my ears. Within the rippling I hear the murmurs of the past, of days gone, of times long ago! Thus the heart is prompted to proclaim, “The river is an institution of tradition, an institution of knowledge, a festal board of treasured wisdom!”.
• (f) Waipa she is the life blood of the people. Waipa she is the life blood of the land, verily she is! Indeed she is the unfailing spring of the earth! She is the water that anoints the thymos of man to bind to the tribe the waters of life that issues forth from the lineage of the atua. She is the water that blesses the umbilical cord to ensure the health of the descendants of Maniapoto. 'Tis the water that permanently renders the knot of the navel cord secure and fast.
• (g) The source of my river is at the foot of Rangitoto, it is Te Pekepeke! Let her flow on she is the Kauhanga-nui (the Great passage) the Kauhanga-roa (the Long passage)! The waters ploughed by the paddles of the many flotillas of Maniapoto of times passed. Let her flow northwards to where the currents do mingle within the Waikato there before the countenance of my King.
• (h) Flow on oh waters to the north and to the west! Go out from Te Puaha to Tangaroa who lies broken upon the shore, and to the courtyard of Hine-kirikiri. Go on! Go on depart for distant place far away!
• (i) Describing the likeness of Waiwaia... as having an amazing appearance... the ripples of the water reflecting in the sun under the moonlight... Rainbows that appear in the waterfall.... But the most important part of Waiwaia is that it is the water itself and without it man could not survive.
APPENDIX 3 – DEED IN RELATION TO THE CO-GOVERNANCE AND CO-MANAGEMENT OF THE WAIPĀ RIVER In the DEED IN RELATION TO THE CO-GOVERNANCE AND CO-MANAGEMENT OF THE WAIPĀ RIVER Piripi Crown expresses the kinship relationship thus:
‘KO TE PURONGO TIKANGA – TE AWA WAIPA
Ea mai te awa Waipa i te puna Pekepeke i runga o Maraeroa te kainga tawhito i Taporaroa, i muri ra o Rangitoto maunga. Ka rere, ka heke ki raro i te waahi o Parakiri. Ka rere tonu ka tae atu ki te hononga ki Otamaroa, i konei nga marae tawhito a Tieke-iti me Tieke-rahi kei Horokino. Haere tonu ki nga wharuarua o Waipa ka tutuki ki Okurawhango. Rere tonu ka hono ki te Tunawaea. I konei te
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ara tangata ko te Heiuru. Haere tonu atu ki te waahi pupuri o nga wai ki nga Hapahapai o Tarapikau. Ka rere ki raro ki te hononga ki te Waimahora haere tahi ka tae atu ki te kainga e karangahia nei, a nga kaumatua ko Tangitehau. Ka muri ka tae atu ki te Hokinga mai ki te Nehenehenui ki Otewa. Haere tonu atu ka kite atu i tera o nga kainga o te Kotahitanga. Muri mai ko te kuia nei a Parewaeono, e tu ana i tona Papa i Te Keeti. I konei ka tapiri mai te Mangawhero me te Mangapu i kawe nei te ihi o Manga-o-Kewa. Ka rere tonu te Waipa ki raro te puke toka o Mataiwhetu ki Tarewaanga. Ka tuhono mai te awa o Waitomo, haere tonu atu ki Kahotea, tae atu ki Te Kopua, te tupuna a Unu. I konei ka tutuki atu ki te awa a Moa-kura-rua. Haerere tonu ki Purekireki ki Pirongia o Kahu, ki Whatiwhatihoe te waahi pakanga o Ngapuhi i Matakitaki. Haere tonu atu ki Te Rore ki Ngahinapouri, ka tae atu ki te Papa-o-Rotu ki Whatawhata ko Ngati Mahanga. Rere tonu ki Te Kowhai. No muri mai ki te marae a Otangirau ki Waikeri ko Ngati Reko. Ka puta atu ki te Puaha o Waikato ki Ngaruawahia, i te turangawaewae o te Kingitanga.
Ko Kahupekarere i whakatau te mauri ki Pekepeke.
Kahupekarere
Rakamaomao
Kakaati
Tawhao
Turongo
Raukawa
Rereahu
Maniapoto
Tenei ano te korero ko te ahua o Waiwaia, he ahua miharo rawa atu. E kore, e kore te tangata e kaha ki te whakamarama atu ki te tino ahua o tenei mauri. I ai ki tetehi korero kei nga kare o nga wai e rere piatata mai, i raro iho nga hihi a Tamanui a Marama hoki, koina a Waiwaia. Kei nga rerewai ka kite mai te tangata i nga aniwaniwa i puta mai i roto. Koia ano a Waiwaia. Heoi ano ko te tino ataahua o Waiwaia ko te wai. E kore tatou i te wai e kore tatou e orana.
Te whakatauaki:
“Ko te mauri, ko te waiora o te Waipa ko Waiwaia”
Na Piripi Crown enei korero’
Translation:
‘The Waipa begins from the spring Pekepeke situated on Maraeroa at the ancient home of Taporaroa at the foot of Rangitoto Mountain. It flows on to a place called Para-kiri and on to where it meets the Otamaroa stream. In ancient times stood the marae Tieke-iti and Tieke-rahi at Horokino. It flows on down through the Waipa valley and on its right it is joined by the Okurawhango and on its left joined by the Tunawaea. In times past an ancient pathway travelled by our ancestors named Te Heiuru was here. Flowing on until eventually resting against the natural formation of stone at Hapahapai o Tarapikau before being released to carry on to join the Waimahora stream. Then flowing
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on past the home our ancestors called Tangitehau then arriving at Otewa and the house named Te Hokinga mai ki te Nehenehenui. Continuing on you are able to see the homestead Te Kotahitanga on the hill. Shortly after, the river continues past Parewaeono standing on its site at Te Keeti. The Waipa is then joined by the Mangawhero and the Mangapu which carries the essence of the Manga-o-Kewa. Flowing on, the Waipa then arrives at the rocks of Mataiwhetu where stands Tarewaanga marae. Then joined by the Waitomo stream, on to Kahotea then on to Te Kopua where stands the tupuna whare Unu. Here it is joined by Moa-kura-rua. Carrying on and arriving at Purekireki below the mountain of Pirongia o Kahu where also stands Whatiwhatihoe, once the home of King Tawhiao. Then joined by Matakitaki the place of battle with Ngapuhi. Carrying on arriving at Te Rore followed by Ngahinapouri on to Te Papa-o-Rotu at Whatawhata where lives Ngati Mahanga. On to Te Kowhai past the marae Tangirau known also as Waikeri and the people of Ngati Reko. Finally converging with the Waikato at Ngaruawahia the footstool of the Kingitanga. At Pekepeke, it was Kahupekarere that installed the essence.
Kahupekarere
Rakamaomao
Kakaati
Tawhao
Turongo
Raukawa
Rereahu
Maniapoto
Describing the likeness Waiwaia, it was recounted as having an amazing appearance. No person really had the ability to find the suitable words to describe the appearance of Waiwaia. One attempt however talks of the ripples of the water reflecting in the sun under the moonlight as being the penultimate description. Rainbows that appear in the waterfall also portrayed the likeness. But the most important part of Waiwaia was that it was the water itself and without it man could not survive.
The proverb:
“The essence and wellbeing of the Waipa is Waiwaia”.
Received from Piripi Crown’
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APPENDIX 4. Summary of Submissions to Ōtorohanga District Council
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APPENDIX 5. NRMC Submission
27 January 2017
Chief Executive Officer Otorohanga District Council PO Box 11 OTOROHANGA 3940 Tēnā koe, RESOURCE CONSENTS Nehenehenui Regional Management Committee (NRMC) Submission Re: Happy Valley Milk Ltd Resource Consent Application RM160079
I. We, Gabrielle Morgan-Logan and Derek Kōtuku Totorewa Wooster make this submission as representatives of and on behalf of the Nehenehenui Regional Management Committee (NRMC), PO Box 151, Ōtorohanga 3900.
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II. NRMC makes this submission in response to the Happy Valley Milk Ltd Resource Consent Application No. RM160079.
III. Happy Valley Milk Ltd have applied to establish a purpose-built nutritional infant formula dairy factory
consisting of two eight tonne per hour dryers capable of blending and canning infant formula and manufacturing Anhydrous Milk Fat (AMF).
SUBMISSION LAYOUT 1. Introduction
2. Maniapoto Māori Trust Board
3. Description of Nehenehenui Regional Management Committee
4. Rangatiratanga and Kaitiakitanga
5. Documents, Strategic and Policy Documents and Enactments referred to in this submission
6. Maniapoto Cultural Heritage
7. Significance of the HVM Project
8. Assessment of Environmental Effects (AEE)
9. Iwi Consultation
10. Outstanding Matters
11. NRMC’s Commitment to and Ongoing Good Faith Relationship with HVM.
INTRODUCTION
NRMC lodges this submission in response to the Happy Valley Milk Ltd (HVM) proposal to establish a purpose-built nutritional infant formula dairy factory consisting of two eight tonne per hour dryers capable of blending and canning infant formula and manufacturing Anhydrous Milk Fat (AMF).
NRMC has established a good faith working relationship with HVM and have signed a Memorandum of Understanding. Subject to NRMC & HVM agreement to meet the cost of: a) Consultation meetings with NRMC, b) A hui-ā-iwi consultation hui, c) HVM commissioning NRMC to produce a Cultural Impact Assessment Report (CIA), d) Consultation and agreement by HVM and NRMC to recommendations made in the CIA, and, e) Continued consultation and agreement between NRMC and HVM to final consent conditions,
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NRMC is largely supportive of the proposal.
MANIAPOTO MAORI TRUST BOARD
The Maniapoto Māori Trust Board was established under the Maniapoto Māori Trust Board Act 1988. Its role and function as set down in the 1988 Act is to represent the people of Maniapoto Iwi. Maniapoto Iwi is one of a number of confederated tribes of the Tainui waka. At the last census (2013) Maniapoto had a population of 35,358. The traditional territory of Maniapoto incorporates the area known as the King Country, including the Kawhia harbour and the broader coastal area from Raukumara in the north to Waipingao stream and Taumarunui in the south and the Wharepuhunga and Hauhungaroa ranges in the east.
DESCRIPTION OF NEHENEHENUI REGIONAL MANAGEMENT COMMITTEE
NRMC is a Regional Management Committee which is constituted in the Maniapoto Maori Trust Board Order 1999. Postal address PO Box 151 Ōtorohanga, 3900. a. The Maniapoto Māori Trust Board comprises members elected by general election and each
Regional Management Committee which represents various marae in the Maniapoto area. b. The following seven Regional Management Committees are established to represent various marae
in the Maniapoto area:
viii. Hauāuru ki Uta Regional Management Committee ix. Mōkau ki Runga Regional Management Committee x. Nehenehenui Regional Management Committee xi. Rereahu Regional Management Committee xii. Te Tōkanganuianoho Regional Management Committee xiii. Tūhua/Hikurangi Regional Management Committee xiv. Ngā Tai o Kāwhia Regional Management Committee
c. Nehenehenui Regional Management committee comprises representatives from each of the
following marae and Papakaainga:
xiii. Puurekireki Marae xiv. Te Koopua Marae xv. Mangatoatoa Marae xvi. Kahotea Marae xvii. Te Keeti Marae xviii. Taarewaanga Marae
xix. Turitea Marae xx. Te Kotahitanga Marae xxi. Ko Te Hokingamai ki te Nehenehenui Marae xxii. Te Whakaaro Kotahi Marae
xxiii. Kakepuku Papakaainga
NRMC deals with a wide range of issues including supporting tāngata whenua, marae, whānau and hapū with resource consent applications. A map of the Nehenehenui RMC is attached - see Appendix 1.
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RANGATIRATANGA AND KAITIAKITANGA
d. NRMC exercises its rangatiratanga and kaitiakitanga as prescribed within Article II of Te Tiriti o Waitangi, the Ngā Wai o Maniapoto (Waipā River) Act 2012, the Resource Management Act 1991, Te Ture Whaimana – Vision and Strategy, and the Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan.
e. NRMC gives effect to the ethic of kaitiakitanga as an advocate for, and on behalf of Maniapoto marae, tāngata whenua, whānau, hapū and iwi interests within the Nehenehenui Regional Management Committee (see Appendix 1) area where there is a proposal for development of natural and physical resources by private, commercial and, or corporate individuals and entities including local, regional and central government. This is especially important where proposed development has the potential to affect the mauri or vital essence of taonga that are of cultural significance to Nehenehenui tāngata whenua, whānau, hapū and associated iwi.
DOCUMENTS, STRATEGIC AND POLICY DOCUMENTS AND ENACTMENTS REFERRED TO IN THIS SUBMISSION:
From time to time this submission may refer to the following documents, strategic documents, policy documents and enactments. NRMC recommends that applicants have a working knowledge of these in order that they have a better working understanding of the context within which NRMC lodges it’s submission:
a. Te Tiriti o Waitangi; b. The Ko Ta Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan (MEMP); c. Ngā Wai o Maniapoto (Waipā River) Act 2012 (Waipā River Act); d. Joint Management Agreement 2013 (JMA) between the Maniapoto Māori Trust Board, Otorohanga
District Council, Waikato District Council, Waikato Regional Council, Waipa District Council, and the Waitomo District Council;
e. Te Ture Whaimana o te Awa o Waikato – The Vision and Strategy for the Waikato River; f. Resource Management Act 1991 (RMA); and, g. Heritage NZ Pouhere Taonga Act 2014`
MANIAPOTO CULTURAL HERITAGE (Refer Part 10.0 MEMP):
In consideration of Maniapoto cultural Heritage, NRMC’ approach to the submission is synonymous with cultural heritage as referred to in the MEMP as follows: Cultural heritage includes but is not limited to places containing physical evidence of past occupation and use, such as an archaeological site, or the location of a significant event or landmark that has intangible values linked to stories and histories of the past. Sites may possess cultural and natural values that are tangible and intangible, or a combination of both. These valuable sites hold significance and importance to Maniapoto identity, history and culture e.g,
i. Wāhi Tapu
Wāhi tapu reaffirm the spiritual link between whānau and the ancestral landscape. As
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kaitiaki, Maniapoto (by extension NRMC) have a responsibility and obligation to protect and enhance wāhi tapu. Wāhi tapu include but are not limited to: a. Historical pā, marae, urupā, whare wānanga; b. Landscape features, monuments, stone quarries, rock art sites; c. Sites, places and areas where historical events took place (e.g., places of warfare or ritual); d. Archaeological taonga found and yet to be found within lands, specific water holes, ponds,
sites for cultural purposes, such as objects, artefacts and structures (e.g, eel weirs); and, e. Historic settlements, gardening and mahinga kai areas as well as pathways use by early
tūpuna.
ii. Taonga Taonga are those things highly prized and derived from iwi, hapū and whānau. They are whakapapa connected and are passed from one generation to the next. Taonga include but are not limited to: a. Tangible objects, such as adzes, whakairo (carvings), heirlooms, artefacts, land and fisheries and
other objects considered to be taonga tuku iho to Maniapoto; b. Intangible things, such as language, spiritual beliefs and ideas.
iii. Discovery of Historical Taonga
Any historical taonga found in the rohe is subject to the Protected Objects Act 1975. A taonga is recognised as taonga tūturu and defined as an object that: a. Relates to Māori culture, history, or society, and b. Was, or appears to have been;
I. Manufactured or modified in New Zealand by Māori, or
II. Brought into New Zealand by Māori, or III. Used by Māori, and IV. Is more than 50 years old
Any taonga of Māori origin found within Maniapoto rohe is subject to Maniapoto tikanga and kawa. For the purposes of the Protected Objects Act 1975, Maniapoto Māori Trust Board is a registered collector of taonga tūturu.
Activities have the potential to contaminate damage or destroy wāhi tapu. Issues arising from activities that may impact on Maniapoto cultural heritage include, but is not limited to: a. Discover of kōiwi and related artefacts b. Disturbance of wāhi tapu from tree planting or forestry plantations c. Public access and restrictions to Maniapoto access d. Food consumption on wāhi tapu
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e. Graffiti and vandalism f. Subdivision g. Alterations, additions, relocation or demolition of significance to Maniapoto h. Construction of new buildings and structures on or near Maniapoto listed heritage sites i. Earthworks (including tunnelling, roading, tracking reclamation, and disposal) on wāhi tapu j. Water pollution (point and non-point source discharges)
iv. Taonga Register Geographical Information System Project (Taonga Register) a. The Maniapoto Māori Trust Board has invested in geographic information system (GIS) mapping
tool to assist the people of Maniapoto to map wāhi tapu and sites of significance. The GIS tool is a useful mechanism to link Maniapoto cultural heritage information to policy- makers within nation and local government. GIS presents complex information in a clearer, visual format that is easily accessed. GIS maps will assist in development. The taonga register will help councils to update district and regional plans to protect wāhi tapu and cultural heritage sights of significance. The Taonga Register GIS is a tool that will assist in the writing of the Cultural Impact Assessment Report.
SIGNIFICANCE OF THE HVM PROJECT AND SUPPORT
a. NRMC recognizes the HVM proposal is a significant development within the Nehenehenui area.
b. Subject to the ongoing good faith relationship with HVM and consultation and agreement to
details as set out in 1, a–e of this submission NRMC is largely supportive of the proposal. c. NRMC seeks to enter into discussions with the Otorohanga District Council and HMV regarding
the use of development contributions to ensure, where appropriate, there is protection for Maniapoto cultural heritage in areas for cultural purposes. (refer to MEMP 10.3.5)
ASSESSMENT OF ENVIRONMENTAL EFFECTS (AEE)
Section 6.1 of the HVM Application - Potential Effects on Soil Erosion, Slope Stability, Adjacent Water Bodies, Water Quality and Air:
a. Section 6.1.1 identifies potential effects on soil erosion, slope stability, adjacent water bodies,
water quality and air.
b. Section 6.1.2 outlines mitigation measures to be undertaken by HVM.
NRMC Statement: NRMC notes the following as being of primary importance with regard to the assessment of potential adverse environmental effects:
c. Commission by HVM for NRMC to produce a CIA to assist with final recommendations and conditions for the consenting process.
d. Application for water take and use yet to lodged by HVM with Waikato Regional Council. e. Any adverse effect on the quantity and quality of air, water and land resources;
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f. Any adverse effect on traditional food sources e.g., eels, g. Any adverse effects on sites of cultural significance, h. Mitigation measures to address any potential environmental effects during commencement of
construction, construction and operation of the proposed milk plant. i. Procedures for discovery of artefacts, taonga and, or kōiwi discovery during earthworks and
construction (already agreed). j. Protocols for monitoring activities undertaken on the site including commencement of
construction, construction and operation of the proposed milk plant.
Mitigation measures are itemised in 6.1.2 of the HVM application.
III. Cover Exposed surfaces - NRMC suggests engagement of local not-for-profit entity, Puniu River Care to supply vegetation cover during commencement of construction, construction and operation of the milk factory, including swamp and river bank riparian planting and restoration where there is a negative effect through earth works and operations, particularly where erosion and sediment control measures are required.
IV. Control run-on water & Prevent sediment from leaving the site – NRMC would like clarification as to what is meant by “Divert clean flows to a suitable discharge point well away from active earthworks”?
e) There is concern as to where and how sediment laden water is to be treated and whether the “discharge point” includes discharge into local streams and, or the Waipā River and, or whether there is potential for leeching from settlement ponds into wetlands, streams and waterways within the local area.
f) Further clarification as to how sediment laden and or treated water is rendered environmentally safe to discharge beyond ponds – what is the measure that renders it safe?
g) NRMC sees an opportunity to negotiate with HVM/Otorohanga District Council and, or Waikato
Regional Council the appointment of iwi monitor/s to ensure practices pertaining to treatment and discharge of sediment laden water is culturally and environmentally safe, and that regular monitoring, reporting and actions for maintenance of safe treatment and discharge is in place so that implementation of mitigation measures as identified in 6.1.2 is being maintained.
h) NRMC have agreed to protocols regarding taonga, artefacts or kōiwi discovery during
earthworks.
Other Matters: Section 6.2 of the AEE states “There are no areas of significant indigenous vegetation, no cave systems, wetlands or geothermal features, and no sites of significance to tangata whenua identified for the site. Therefore it is considered that none of the aforementioned features will be adversely affected by the proposed works.” NRMC Statement: NRMC believes states that it is too early to make such statement with regard to tāngata whenua interests in this site since a CIA is yet to be completed.
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NRMC envisages engaging the expertise of kaumātua and knowledge holders regarding sites of significance, cultural heritage, economic and otherwise. The EMP Section 4.1 describes a Cultural Impact Assessment in the following terms:
“Cultural Impact Assessments (CIA) provide an assessment of the impacts of a given activity on Maniapoto values and interests...CIA reports identify Maniapoto associated with a particular site or area and the actual or potential effects of a proposed activity that are of interest to Maniapoto. The assessment delivers a series of recommendations for measures that help to avoid, remedy or mitigate adverse effects.”
Section 4.1.3 of the MEMP explains further:
“A TWEAR/CIA may not necessarily be confined to cultural matters and can traverse any and all Maniapoto perspectives of potential or actual effects of a proposed or existing activity for natural resource use.
IWI CONSULTATION
NRMC is committed to an ongoing good faith relationship with HVM.
OUTSTANDING MATTERS
The only matter yet to be discussed in full, is the issue of water take and use for the operation of the plant.
NRMC understands that HMV will lodge those applications at a later date.
NRMC preference was prefers for the water use and water take applications to be assessed at the same time lodged at the same time as this resource consent application in order that NRMC can make a full assessment of the total environmental effects that the construction and operation of the plant might have.
Unfortunately this submission cannot speak to water take and water use because it does not have information to hand to be able to respond accordingly. It is of concern that NRMC is being asked to comment, furnish a CIA without the benefit of information regarding Maniapoto’s significant taonga i.e, water.
NRMC’s COMMITMENT TO AN ONGOING GOOD FAITH RELATIONSHIP WITH HVM
NRMC is committed to an ongoing good faith relationship with HVM.
NRMC continues to work with HVM and looks forward to furnishing the Cultural Impact Assessment that will clarify cultural impacts so that the final consenting process and conditions can be worked through between the parties.
NRMC is not a trade competitor for the purposes of Section 300B if the RMA Act
Subject to the terms herein this submission the NRMC supports this application
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Should this matter be escalated to Environment Court, we wish to be hard in support of this submission
Thank you for the opportunity to lodge a submission on the HVM resource consent application.
Gabrielle Logan Morgan
Derek Kōtuku Totorewa Wooster