BEFORE THE ENVIRONMENT COURT ENV-2016-AKL- 42 and 45. of the Resource Management Act 1991 (RMA) of two appeals under s 120 of the RMA

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1 BEFORE THE ENVIRONMENT COURT ENV-2016-AKL- 42 and 45 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of two appeals under s 120 of the RMA BETWEEN NGA POTIKI A TAMAPAHORE TRUST AND OTHERS Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND ASTROLABE COMMUNITY TRUST Applicant PRIMARY STATEMENT OF EVIDENCE OF FRANCES NGAWIKI CLARKE FOR TE RŪNANGA O NGĀTI WHAKAUE KI MAKETŪ AND TE ARAWA TAKITAI MOANA KAUMATUA FORUM DATED: 22 nd December 2016

2 Page 2 INTRODUCTION 1. My name is Frances Ngawiki Clarke. 2. I am of Ngāti Whakaue and Ngāti Pikiao descent. 3. I am 73 years of age. 4. I am the kaikarangakuia at Whakaue Kaipapa Marae. I am also the kuia for Te Rūnanga o Ngāti Whakaue ki Maketū Incorporated, a position I have held for five years. I am also a member of the Te Arawa Takitai Moana Kaumatua Forum. 5. During my working career I have worked as an office assistant for The Warehouse Headquarters. We moved from Invercargill back to Waiheke Island where my husband had whanau land interests. WHAKAPAPA 6. My whakapapa connects me to most whanau in Maketū. 7. My father was Whenuariri Richard Tapihana. He hailed from Mourea, Rotorua. He was of Ngāti Pikiao / Ngāti Whakaue. His father was Tā Tapihana whose father was Retireti Tapihana. 8. My mother was Te Rohu Walters. She was of Ngāti Whakaue descent. Her mother was Te Mamaeroa Ieni whose father was Ieni Tapihana. 9. Both my parents whakapapa back to Hans Felk Tapsell and Hineiturama Perepe. BOUNDARIES/ROHE 10. I have always known Maketū to be our rohe moana. We are connected to the Kaituna River where we fished for white bait, tuna and picked water cress. We are connected to the Maketū estuary where we would gather pipi, pupu, and fish. For me it was mainly going to catch up with my friends and whanau. And we also did rama (spotlight) fishing at Waihi Estuary.

3 Page Our whanau know who we are, we have history and we have our own stories that connect us to Maketū. 12. It is only natural that, if you are from a coastal village like Maketū, you would use the marine area as well, how could you not? RANGITIRATANGA 13. It is nice to see the young ones enthusiastic to take on roles for the hapū. They are less observant and disciplined than we were growing up. We had to be quiet and learn by sitting and watching. RELATIONSHIPS WITH OTHER TRIBES 14. I am the kai karanga of Whakaue Kaipapa. I travel to other marae to pay my respects with other hapū members and I have been able to rekindle friendships with others in Te Puke that I use to go to school with. 15. When there is a need for our paepae to be represented I call upon our relatives from Waitaha, Tapuika and Tuhourangi for their assistance. And we do the same for them. 16. Motiti whanau living on Motiti Island and Maketū whanau (family) were quite close when I was growing up. They would come to Maketū and stay at Te Awhe Marae. We had friendly relationships. TIKANGA 17. We were taught to learn by observing. My mother would patipati (beg) me to go to the marae with her, and so I did. We would sit still in the wharenui; they were quite strict on the children in those days. 18. My mother was a kaitiaki (guardian) of the marae. She was one of the kaitiaki at Whakaue Kaipapa Marae. And now that role has been passed onto me.

4 Page Rahui (forbidden) was observed for women when they had their menstrual cycle. They were not to enter the rivers, streams, estuary or oceans. Very much a tapu, least they contaminate the kai (food) or place a curse (makutu) on the area. 20. I do not recall Rahui being placed on the moana unless there was someone drowned at sea and they could not find the person. 21. Take your rubbish home. We did not have any rubbish because we had no shops or money. We were respectful of our surroundings regardless. KAITIAKITANGA OF PAPATUANUKU / TANGAROA 22. Papatuanuku has not healed from the MV Rena oil spill. People, even now, are reluctant to pick pipi in the Maketū estuary for fear of contamination. TRADITIONAL FISHING GROUNDS 23. If you weren t a fisherman you were a farmer; that is how some of our whanau in Maketū made their living. 24. My whanau were farmers but my father would hunt and fish whenever he could, we never went hungry. 25. My father would take us rama (spotlight) fishing and taught us how to fish at night at the Waihi Estuary for flounder. 26. My uncle Paho was the fisherman, whenever he asked my father he would go out with him. Fishing and diving at Plate Island (Motunau), Motiti, Hen Chickens, and the Astrolabe Reef were areas they would go. TRADITIONAL FISHING PRACTICES 27. Ngāti Whakaue in Maketū had their own fishermen. There were Uncles Paho, Winiata and Raki Tapsell that I can remember. They each had their own boats. Raki would teach the young fishermen how to fish, and he would employ some of them.

5 Page The divers for kaimoana (seafood) were the Newdick brothers at that time. They are a local whanau (family) who still live in Maketū on their whenua. 29. The boats were moored at the Maketū estuary on the beach. In those days, the sand was hard and the people would leave their boats where Park Road is now. That was not too far away from the marae. Some of the whanau had motorised boats and some did not. 30. My older brother, Junior Tapsell, was a duck shooter, fishermen and diver for the marae. He made a living from diving for agar in the 1980s at Maketū. Prior to this he worked at Kinleith Mill in Tokoroa as a carpenter. EFFECTS AS A RESULT OF THE OIL SPILL ON LIFE STYLE AND FORAGING FOR KAIMOANA 31. I would go and forage for kuku (mussels) myself. I could go down to the rocks just to the right of the seaside café at Maketū. 32. I could rummage around the rocks and would always get a feed of full sized kuku (mussels). Ever since the Rena I can t find kuku under those rocks anymore. 33. Kaimoana are very sensitive; they will move if the marine environment is polluted. The pipi at Maketū have always been stacked on top of each other. However, since the oil spill there is much less pipi, and they seem smaller than ever. 34. The Rena has taken away from Maketū the right to go and get kai (seafood) free of contamination. To say that the kaimoana (seafood) is not contaminated is untrue. EFFECTS AS A RESULT OF THE OIL SPILL AND CONTINUED DISCHARGES FROM MV RENA AND ITS CARGO ON THE MAURI OF THE MARINE ENVIRONMENT 35. The impacts are on our Māori wairua (spirit). Here our beliefs and values have been tested.

6 Page 6 CULTURAL EFFECTS OF MV RENA REMAINING ON OTĀITI AND THE SEABED IN PERPETUITY 36. I would like the wreck removed in its entirety. 37. The containers are going to have an adverse impact on the future of our mokopuna (grandchildren). I don t want my mokopuna suffering. 38. The kaimoana are moving and becoming harder to forage inshore because of oil still leaking onto the rocks and beaches. 39. The contamination has affected the social structure of the whanau values and our way of life. IMPACT OF THE OIL SPILL AND THE WRECK ON WHANAU 40. My mokopuna Kya was aged 13 years, and she would come to Maketū and spend her summer holidays with me and we would go to the beach most of the days. It was a favourite time for both of us spending time together before the Rena ran aground. She lives in Kaikohe, Northland so I hardly get to see her. 41. My mokopuna was devastated when she heard the MV Rena oil was spoiling the beaches at Maketū. My daughter Moana and Kya came down from Kaikohe and helped in the clean-up around the Newdicks Beach. IMPACT OF THE OIL SPILL AND THE WRECK ON RECREATION 42. Memories and the impacts the Oil Spill has had on my mokopuna (grandchildren); we were unable to go and spend time at the beach together. 43. She did not go swimming and I did not get an opportunity to fuss over her that year or the year after that. Now she is too old for me to fuss over at all. 44. It has taken away my ability to forage for kai independently. I like being independent, and to know there are no kuku where I can access them safely without assistance makes me feel like swearing.

7 Page 7 FAILURE TO CONSULT AND FAILURE TO GRANT RELIEF TO OTHER TRIBES 45. We were being left out of consultation hui. The Rūnanga invited the Rena Owners and their team to meet with Ngāti Whakaue ki Maketū. We were surprised when Ngāti Makino Heritage Trust (NMHT) came into Maketū claiming mana whenua (authority of our land), which is again not true. 46. We have never before experienced whakaiti ngā tāngata (belittling of people). There is evidence of that in the Arawa Cultural Impacts Assessment Report, where it states that the Rūnanga did not participate in the clean-up 1 when it actually did, criticised the way the Rūnanga participated 2, and indicated division amongst Ngāti Whakaue people and the Rūnanga. 3. Dated this 22 nd day of December 2016 Frances Clarke 1 Writers (not stated) Te Arawa Cultural Impacts Assessment of the Proposal to leave part(s) of the Rena Wreck at Otaiti. Prepared for Beca 2013, at page 4. 2 Writers (not stated) Te Arawa Cultural Impacts Assessment of the Proposal to leave part(s) of the Rena Wreck at Otaiti. Prepared for Beca 2013, at page 4. 3 Writers (not stated) Te Arawa Cultural Impacts Assessment of the Proposal to leave part(s) of the Rena Wreck at Otaiti. Prepared for Beca 2013, at page 7.