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 MARGARET METERIA CLARKE FOR TE RŪNANGA O NGĀTI WHAKAUE KI MAKETŪ INC. AND TE ARAWA TAKITAI MOANA KAUMATUA FORUM DATED: 23rd December 2016

2 Page 2 INTRODUCTION 1. My name is Margaret Meteria Clarke. 2. I am aged 79 years of age. I live at 3 Ngaparaoa Drive, Maketū. 3. I am of Ngāti Pikiao and Ngāti Whakaue descent. 4. In my working life, I was an operator for the telephone exchange. I worked in Te Puke and then I got transferred to Tokoroa and to Auckland. 5. I am a caregiver of my special needs son, and I have two fantastic professional daughters. 6. In the past I have been the booking officer for Tāpati Marae 1 for a number of years. I was also a Trustee on Te Rūnanga o Ngāti Whakaue ki Maketū Incorporated. 7. I currently look after the St Peters Catholic Church in Maketū. I am a kuia for Ngāti Whakaue, and a member of the Te Arawa Takitai Moana Kaumatua Forum. WHAKAPAPA 8. I whakapapa through my father Whenuariri Richard Maruhaerepō Tapihana to Ngāti Pikiao (Te Takinga Marae). His mother was Te Reiti Whakaawe, the daughter of Matene Whakaawe. His father was Tā Tapihana a son of Retitreti Tapihana and Ngatai Tohi Te Ururangi. They were both of Ngāti Whakaue descent. Ngatai Tohi Te Ururangi, my great-grandmother, was responsible for the building of Whakaue Kaipapa marae in Maketū in I whakapapa through my mother Te Rohu Waata to Ngāti Whakaue (Whakaue Kaipapa Marae). Her mother was Te Mamaeroa Ieni (Tapsell) and her father was Ngatipeehi Waata of Ngāti Pukaki a subtribe of Ngāti Whakaue. 1 Tāpati Marae is the marae also called Whakaue Marae where the wharenui (meeting house) is named Whakaue Kaipapa and which is sometimes called Whakaue Kaipapa marae a reference to Whakaue Kaipapa Marae-Atea (courtyard).

3 Page 3 BOUNDARIES/ROHE 10. Ngāti Whakaue ki Maketū tribal boundaries are predominately from Te Tumu to the Waihi Estuary. I have never known any other area for Ngāti Whakaue but Maketū. 11. We would go for holidays with our Ngāti Pikiao relations in Mourea. My sister and I would go stay with Kerehi Tamihana who was brought up with my father Whenuariri. RANGITIRATANGA 12. All whaikorero in those days was done outside on the Whakaue Kaipapa Marae-Atea (courtyard). 13. My Uncle Ieni Walters was the kaumatua on the paepae when I was growing up. There were other speakers who would come and assist the paepae when there was a need. I can remember Kunekune Roberts of Tapuika. He lived at Paengaroa and was a very special koroua (elder); he would speak for us. 14. Then came Kawana who was the son of Ieni Walters and after him was Wiki Potaka. We also had Wiki Tapsell who also sat on the paepae. We have had Te Wano Walters on the paepae. Te Wano was raised with us on our farm along Arawa Avenue, Maketū. He could run like a hairy goat, fast as the wind he was. RELATIONSHIPS WITH OTHER TRIBES 15. I get very annoyed at these people claiming Te Awhe Marae for Ngāti Pikiao. I m Pikiao and that is not how we spoke. We had a very close relationship with Te Awhe. Old man Takuira, who had whanau connections to Motiti, and lived in the Wharekai with his whanau, Nelle (his daughter) and the kids were all brought up on Te Awhe. 16. Te Awhe marae has whakapapa links to Ngāti Whakahemo, some Motiti whanau, and to Ngāti Pukenga through the Moko whanau. They are all owners in the land block Maketu A150. Polly Moko and Bruce O Callaghan had their after wedding function at Te Awhe.

4 Page The wharekai was big, it had five rooms that people could sleep in; as well as a place for visitors to have a meal. It was Dick Mita that closed Te Awhe marae down. 18. Each marae within the district would help the other. Kunekune Roberts lived at Paengaroa, and would always come to awhi (support) our people in Maketū. 19. We also had Parekotuku Wiremu who would come from Pukehina to kaikaranga at Whakaue Kaipapa when needed. She is Ngāti Whakahemo. 20. Aunty Kehu Walters was a kaikaranga (caller) and would travel from Maketū to other marae when needed. 21. Then we had Aunty Rosie Mathews who was a kaikaranga and who ran Whakaue Kaipapa marae for many years. She was a very caring kuia who had a great sense of humour. TIKANGA 22. There were restrictions on the women and when she had her menstrual period, she could not go into the water to gather kai. 23. People took what they needed to feed their whanau (family). It was an unwritten rule take what you need, no wastage. 24. There was lots of kai for everyone in the estuaries so we always had lots to eat, kai was plentiful for all our people. TRADITIONAL FISHING GROUNDS 25. For my whanau, we would go to Newdicks Beach to pick kuku, kina and paua. We would gather agar at Newdick Beach and dry the agar off on the rocks. Then we would sell it to make extra money. There was a man who would come around and buy the agar. 26. Our kuia (Ngatoru Hayward) would climb up the hills and walk for miles carrying her agar bag.

5 Page My Uncle Paho and Raki Tapsell were both fishermen. They were very knowledgeable on getting over the sandbar of the estuary entrance and out to the marine area. They knew all the fishing grounds. 28. If Uncle Paho caught us when they came in from fishing, he would make us cart a bin of fish home to our farm. I always got stuck with the dirty jobs, it was no fun hauling a bin of fish home after a long day of playing at the beach. 29. Whitebait - we could get a 25kg kerosene tin of whitebait. The whitebait stands were right along the shores from Whakaue Kaipapa marae all the way past Papahikahawai Island. 30. We could pick lots of cockles, thick with cockles and pupu, located behind Whakaue Kaipapa marae; all that went when the 1957 diversion work was done. TRADITIONAL FISHING PRACTICES 31. A hinaki (trap) was used to capture eels. We would set the trap at Waihi estuary in the local farm drains. 32. Net fishing for flounder. We would do rama (spotlight) fishing for flounder. EFFECTS AS A RESULT OF THE OIL SPILL ON THE MAKETŪ COASTLINE 33. I went down to Whakaue Kaipapa marae to help out making the cups of tea on the first day only. The Maketū local people responded very well to cleaning up the beaches and the rocks around Okurei Point. We had support from Te Arawa and Tauranga and from round the world. For some it was like a novelty and it all added to their life experience. 34. My husband and I went to the seaside café for lunch one day after the MV Rena clean-up crews had packed up and gone - probably six months after the clean-up finished. There were people from the general public still looking for oil contaminants on the rocks and beaches. We went to select rocks to see if they would be any good for hangi stones and there were small patches of oil on the rocks. That put me off eating pipi for a long time.

6 Page Maketū are still on tender hooks about the MV Rena. It may not discharge now as bad as it did in October 2011, but there are still some contaminants discharging onto our beaches and contaminating our food. CULTURAL EFFECTS OF MV RENA REMAINING ON OTĀITI AND THE SEABED IN PERPETUITY 36. I have been reading up on the sea rising. Whakaue Marae will be wiped out as will the other coastal marae. A Tsunami is overdue in Maketū and when that happens how will that affect the movement of the wreck? There is still copper, TBT, diesel and residual fuel on that wreck. What will the adverse cultural effects on our people be then? I think a 35-year consent would go a long way towards ensuring that should rising sea levels and the movement of the wreck happen during that time then the Owner/Applicant is still responsible. Tangata whenua will carry the responsibility for the wreck long after the Owners have disappeared. IMPACT OF THE OIL SPILL AND THE WRECK ON HEALTH 37. The effect of MV Rena on Māori mental health is dependent on how you were brought up and how close and often you used the moana (sea) in your own life in general. I think Māori are mentally very strong, however we can suffer from different ailments when it comes to something that we have no control over, like the grounding of the MV Rena. Our kaitiakitanga (guardianship) is compromised because it is our responsibility to ensure that the wreck is moved. FAILURE TO CONSULT 38. I was not personally informed of any consultation hui. There were no public notices informing Maketū that there was a consultation hui. There were no hui advertised in the monthly community Mai Maketu either. 39. For the MV Rena, I would say we were seriously lacking in consultation. We did not know who Te Arawa ki Tai Trust was. We were asked at the Te Arawa Takitai Moana Kaumatua Forum hui, at the first hui around October 2015, who gave them the mandate to speak on behalf of Te Arawa ki Tai Hapū? No one raised their hands, because no one did.

7 Page 7 FAILURE TO GRANT RELIEF TO OTHER PARTIES 40. I disagree that $1.25 million dollars in compensation should go to Te Arawa ki Tai Trust. We have no cultural connection to this Trust. 41. I think my people, and our marae Whakaue Kaipapa, have been taken advantage of. Our marae was used as the hub for the clean-up, and the volunteers on the beach were Ngāti Whakaue and the local Maketū Community. 42. Removal of the contaminants would go a long way to restoring the mauri of our shell fish, marine environment and whanau. Dated this 23 rd day of December 2016 Margaret Clarke