Under the Resource Management Act 1991

Transcription

1 Before a Special Tribunal Under the Resource Management Act 1991 In the matter of Application for a Water Conservation Order in respect of Te Waikoropupū springs and associated water bodies (including the aquifers, Takaka River, and tributaries) Summary Statement of Evidence of Margaret Little on behalf of Ngāti Tama Ki Te Waipounamu Trust and Andrew Yuill 17 April 2018 Applicant's solicitors: Maree Baker-Galloway Rosie Hill Anderson Lloyd Level 2, 13 Camp Street, Queenstown 9300 PO Box 201, Queenstown 9348 DX Box ZP95010 Queenstown p f maree.baker-galloway@al.nz rosie.hill@al.nz

2 Ko tenei te mihi o toku Whanau Toku Maunga Ko Parapara Oku Awa Ko Pariwakaoho me Takaka Te Taitapu te Moana Mohua Te Takiwa Te Waikoropupu Te Puna Waiora Ko Ngati Tama, Te Atiawa, Tainui, Ngati Te Whiti, Waitaha oku Iwi Toku Marae Ko Onetahua Toku Tupuna Koro Moko Tairehe ratou ko Te Meihana Te Ao ko Iharaira Meihana Toku Kuia Ko Titirakura Te Meihana (Te Waari-Homu) Ko Toku Matua Tahana Rerengaio Ward-Holmes No reira Ko Margaret Louise Ward-Holmes Little Taku Ingoa page 1

3 1 I have been a Trustee on the Ngāti Tama Ki Te Waipounamu Trust Board since 2008 and I am the current Chairperson of the Ngati Tama Cultural Trust 2 Through these positions I was appointed to the Tākaka FLAG by Manawhenua ki Mohua who comprise, Ngati Tama, Te Atiawa and Ngati Rarua as the Iwi representative, to provide a Māori worldview on matauranga and wairua values of land and water management in the Takaka Catchment. 3 In the last 34 years as kaitiaki we have consistently fought for Te Waikoropupū to stop Commercialisation and to have it recognised as a Wahi Tapu Taonga Tuku Iho for all. 4 I have provided an updated timeline as Appendix A to this evidence which differs slightly from that lodged in my original evidence. 5 An Ahi Kaa whanau initiative was recognised formally in 2005, when Te Waikoropupū Springs was designated formally as a Wahi Tapu by the New Zealand Historic Places Trust, the only Wahi Tapu in Te Tau Scope of evidence 6 The purpose of my evidence is to assist in providing a more comprehensive understanding of the significance and historical status of Te Waikoropupū to Ngāti Tama, Te Atiawa and Ngati Rarua, the three Manawhenua Iwi of Mohua. 7 My evidence as lodged covered the Waitangi Tribunal Settlement process for Ngāti Tama Ki Te Tau Ihu and resulting Deed of Settlement and Settlement Legislation which declared Te Waikoropupū subject to Te Korowai Mana (Overlay Classification) as well as the Tākaka River and its Tributaries as a Statutory Acknowledgment. I have also provide an overview of the protection work that representatives of Ngāti Tama Ki Te Tau Ihu have been involved in over the years. Te Waikoropupū 8 Te, Waikoropupū Springs has been central to the lives of Manawhenua Iwi whanau. It is the intrinsic values of Te Waikoropupū, its purity and pristine wai that whanau go to in times of need and spiritual fulfilment. This is a testament to the wairua surrounding Te Waikoropupū as it bubbles up from the underground aquifer. The purity of the wai is unequalled as a Wahi Tapu and Taonga Tuku-iho. The aura that is experienced not only by iwi but the many who visit the puna is a reflection of the mana of this Taonga Te Waikoropupū. 9 The Whakapapa korero of this puna has been handed down through Karakia Whaikorero, Purakau and waiata. Our aim is to continue passing this knowledge to the future mokopuna (generations) to come page 2

4 10 The cultural wellbeing of Ngāti Tama ki Te Tau Ihu and Manawhenua Iwi is the protection of this wahi tapu it is fundamental to their identity. If the health of the Puna is pristine wai-ora, then it will be reflected in the health and wellbeing of the Ahi Kaa roa whanau. 11 These korero are part of the historical and cultural whakapapa of Te Waikoropupu. Protecting the mauri and the Tapu of Te Waikoropupu is central to the Iwi values handed down by way of Kaitiakitanga. Introduction to Ngāti Tama 12 The long history of occupation and travel in Mohua (Golden Bay) and Te Tau Ihu has enabled Ngati Tama to acquire through kaitiakitanga an intimate understanding of Mātauranga Māori knowledge and practices affecting the natural resources within their rohe (tribal areas). 13 Ahi kaa roa has been maintained by Ngati Tama Iwi for 200 years. The whenua (land) and wai (waters) associated with the Tākaka Catchment are therefore of great historical and traditional significance. The length of Māori occupation in the area, customary use of ngā taonga (scared treasures) and the continuous occupation and use of the coastline the ancient Ara (pathway) linking Totaranui with Onetāhua are all indicators of its importance 14 Understanding the relationship Manawhenua Iwi have with taonga (treasures) such as wai (water) is vital if cultural values and customary practices handed down through the generations are to guide contemporary resource management practices. Ahi-kā whanau 15 Ancestral ties (whakapapa) are fundamental to Manawhenua Iwi and are the threads connecting present day Iwi with their tupuna (ancestors) and with future generations. Descendants of early rangatira chiefs, are the ahi kaa who keep the home fires burning. As they carry out their inherited responsibilities and obligations to uphold the cultural, spiritual and environmental integrity of the rohe for past, present and future generations. Whanaungatanga 16 For Māori, the ultimate reality is therefore wairua or spirit. Therefore, everything in life is sustained, replenished and regenerated by its hau or mauri; the breath of life. People are part of both the cosmic process and the natural order of things. In Te Ao Māori (Māori world view), there is no sharp distinction between the natural world, culture and society. Te Ao Māori embodies all customs, values and page 3

5 Ki uta ki tai attitudes, derived from the indigenous body of knowledge, which seeks to explain the origin of the universe. 17 The guiding principle for Manawhenua Iwi in respect of management of Te Waikoropūpū is captured in the concept ki uta ki tai the flow of wai from the ngā maunga, through a network of tributaries to where freshwater meets the saltwater estuaries along the coast and flows out to (name for te moana, Te Tai Tapu Golden Bay). Wai gives life mauri to everything in the Tākaka watershed boundaries. In order to safeguard the life-supporting capacity of this sacred taonga, we consider it essential that the catchment is managed in an integrated way. This view of nature acknowledges the relationship between all living things. In order to safeguard the mauri of wai, it is essential that all activities within the catchment are managed in an integrated way. Treaty Settlement Process and recognition of Te Waikoropupū in Deed of Settlement 18 Ngāti Tama, Te Atiawa and Ngati Rarua went through a long and arduous Treaty Settlement Process in order to settle the historical claims of Ngati Tama ki Te Tau Ihu against the Crown. 19 Cultural redress included in the Deed of Settlement (and subsequent settlement legislation) 1 included the vest and gift back of Kaka Point and Te Tai Tapu, and the declaration of Te Waikoropupū as subject to Te Korowai (Overlay Classification), and Statutory Acknowledgement. This Water Conservation Order Application is not only about acknowledging the special significance of Te Waikoropupū to Ngati Tama, but also to other manawhenua Iwi, the community and all New Zealanders taking up the mantle of Kaitiakitanga for the preservation of this unique Taonga Tuku Iho. Te Waikoropupu is known for her beauty and tranquillity. The pristine waters are a phenomenon, their intrinsic values in their purest form reflect the mauri and wonder of some of the clearest waters ever measured on Earth. We seek to protect and ensure this taonga is preserved for future generations to enjoy and to take up the mantle of Kaitiakitanga for the preservation of this unique Taonga Tuku Iho (a) sacred sites 1 Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014 (Settlement Legislation) page 4

6 Recent history of protection of Te Waikoropupū 20 As kaitiaki, we seek to protect the spiritual and physical integrity of Te Waikoropupū. Historically, recreational applications for commercial activities were the main concern for Ngāti Tama and Manawhenua Iwi. 21 Prior to 1990, there were many people using the Te Waikoropupu springs for recreational purposes e.g. diving and swimming in the springs. People were ignorant of the cultural and spiritual significance of the land, waterways, puna and wāhi tapu. There was little recognition or respect of the health and wellbeing of Te Waikoropupū. Eventually, it was only from the potential spread of didymo to Te Waikoropupū that recreational use of the springs ceased. 22 Ngati Tama advocated for recognition of their kaitiaki role, and inclusion in the management of the Te Waikoropupū for over 40 years. 23 Te Waikoropupū is a Taonga tuhu Iho to not only Manawhenua iwi but also the community as seen by the overwhelming community support received to protect it. National Protection 24 The journey of the protection of Te Waikoropupū has gained momentum and support, to where we are now supported today by people from all over New Zealand, not just in Golden Bay. 25 This reflects the importance of Te Waikoropupū as a Taonga Tuku Iho, a Wahi Tapu. It holds the wairua and mystique of our ancestors and the past, it is treasured and respected by all people that visit, and it has some of the clearest waters ever measured on Earth. 26 It is deserving of the Mana that goes with a Water Conservation Oder Waikoropupu Waikoropupū, Waikoropupū Pupu Ake te Whenua Pupu Ake ko Nga Waiora Waikoropupū, Ngā puna wai o Takaka, Ngā puna roimata wairua Waikoropupū, Waikoropupū page 5

7 Appendix A Revised Timeline of protection page 6

8 Attachment 1 Timeline of Ngati Tama Kaitiakitanga re: Te Waikoropupu Springs2001 Background s Te Puna Waiora o Te Waikoropupū Springs and reserve is a significant Wāhi Tapu to Ngati Tama ki Te Tau Ihu Onetahua Marae Margie Little as (Ngati Tama/ Te Atiawa iwi and Trustee of Onetahua Marae) met with DOC to discuss the proposition of Glass bottomed boats on the Puna Te Waikoropupu Her objections to this happening were expressed clearly and the proposal did not eventuate /12/90 Objection to Gold Panning Venture at Te Waikoropupu Springs Reserve Ngati Tama Iwi Golden Bay Objection to application for person to take diving parties in Te Waikoropupu springs Ngati Tama Iwi Golden Bay Iwi objection to Redwood cellars taking water from bore behind Te Waikoropupu Ngati Tama Iwi Golden Bay Objection to Restaurant complex on Ball property bordering the actual viewing platform Ngati Tama Iwi Golden Bay Te Waikoropupū Springs and reserve is identified in the TDC Plan as a Wāhi Tapu Ngati Tama Ahi Kaa initiative Hui at Onetahua Marae with TDC/DOC and Iwi to discuss Iwi concerns with the continued applications to commercialise Te Waikoropupu Springs Reserve and the lack of a Management Plan Iwi ask that a Management Plan be set up for Te Waikoropupu Springs 10 Meetings start on the setting up of a Management Plan with TDC and DOC TDC pull out of the working group DOC and Manawhenua Iwi reps continue to work to develop a Management Plan for Te Waikoropupu Ngati Tama ahi kaa whanau discuss WCO/ World Heritage protection for Te Waikoropupu put on hold because of lack of Funding & Resources st February KVW water resource consent granted to 22 nd February DOC/Iwi Management plan tor Te Waikoropupu Springs gazetted as an official docoument 16 6 th April 2009 Manawhenua ki Mohua/DOC Te Waikoropupū Springs and Reserve Management Plan developed th August 2009 Extension of the lapsing date for KVW water consent granted to 22 nd February 2013 Non notified by TDC 18 May 2012 WCO discussed Ngati Tama RMA person engaged to write up material 19 December 2012 KVW application to extend the date for water consent 20 10th December 2012 Ngāti Tama letter to TDC to oppose the extension date for the water consent and seeks the application to be notified. TDC disregarded this letter th December M Little (Ngāti Tama Trustee/ahii kaa Mohua) letter to TDC to oppose the

9 2012 extension date for the water consent and seeks the application to be notified. TDC disregarded this letter th February TDC disregard Ngati Tama as an affected party. No expert analysis of the 2013 potential effects of the application on Ngāti Tama th April 2013 Deed of Settlement enacted and statutory acknowledgement of Te Waikoropupu/Pupū Springs Scenic Reserve and waterways to Ngati Tama April 2013 Opening of Entranceway complex at Te Waikoropupu Springs by Ngati Tama Te Atiawa and Ngati Rarua th June 2013 Extension of the lapsing date for water consent granted by TDC to 22 nd February 2016 Non notified 26 8 th October 2014 Mining Permit granted for 393 Pupu Valley Road Takaka Area hectares Expires 07/10/ Draft Te Waikoropupu Springs Conservation Order application submitted by Ngati Tama 28 December 2015 KVW application for extension of the lapsing date for water consent and to vary the conditions of the consent to TDC 29 December 2015 KVW application for a replacement bore and to change the bore location to TDC 30 January 2016 (Ngāti Tama Cultural Trust) letter and numerous phone calls to TDC to oppose the extension date for the water consent and new bore and seeks the application to be notified. TDC disregarded this letter. 31 January 2016 Ngāti Tama letter to TDC to oppose the extension date for the water consent and new bore and seeks the application to be notified. TDC disregarded this letter. 32 January 2016 Legal Services engaged to advise TDC Ngāti Tama are an affected party. High Court proceeding started against TDC 33 2 nd August 2016 Extension of Land Permit Number Ngāti Tama ki Te Waipounamu Trust and the Ngati Tama Ki Te Tau Ihu Cultural Trust oppose permit and seek the permit to be declined October 2016 MB Application to Mine for Gold in the Takaka River and its Tributaries. The Ngāti Tama ki Te Waipounamu Trust and the Ngati Tama Ki Te Tau Ihu Cultural Trust oppose permit and seek the permit to be declined th June 2017 Ngati Tama object to RMA Consent Number: Location: 393 Pupu Valley Road, Takaka Type of Work To discharge sediment-laden water to land where it may enter water as a result of an alluvial gold-mining operation Current Status On Hold Ends June 2017 Ngati Tama object to RMAConsent Number: Location 393 Pupu Valley Road, Takaka Type of Work To disturb recontour and restore land for the purposes of mining alluvial gold as part of an alluvial gold mining Current Status On Hold Ends July High court Hearing against TDC over Granting of new consent for Bore to KVW

10 Ngati Tama win the High Court Decision against TDC Ngati Tama object re RMA application to mine the Farm adjacent to Te Waikoropupu Springs for Gold January TDC grant consent to KVW without consulting Ngati Tama or payment of costs February TDC pay costs to Ngati Tama KVW still to pay their outstanding costs March Objection lodged against TDC for consent decision over KVW Legal Proceeding started by Ngati Tama April WCO Hearing Takaka Ngati Tama & Andrew Yuill