BEFORE THE ENVIRONMENT COURT ENV-2009-CHC-175, 181,183,184, 187, 190,191,192, 193

IN THE MATTER of the Resource Management Act 1991

AND IN THE MATTER appeals pursuant to clause 14 of Schedule 1 to the Act

BETWEEN HIGH COUNTRY ROSEHIP ORCHARDS LIMITED AND MACKENZIE LIFESTYLE LIMITED and others Appellant AND COUNCIL

Respondent

EVIDENCE OF MANDY WAAKA-HOME ON BEHALF OF TE RŪNANGA O NGĀI TAHU AND TE RŪNANGA O AROWHENUA

Cultural Issues

9 September 2016

Barristers & Solicitors Simpson Grierson J G A Winchester Telephone: +64-4-924 3503 Facsimile: +64-4-472 6986 Email: [email protected] DX SX11174 PO Box 2402 SOLICITORS WELLINGTON 6140

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TABLE OF CONTENTS 1. MIHIMIHI – INTRODUCTION ...... 1 2. QUALIFICATIONS AND EXPERIENCE ...... 1 3. SCOPE OF EVIDENCE ...... 5 4. SUMMARY OF EVIDENCE ...... 5 5. KAITIAKI PAPATIPU RŪNANGA ...... 6 6. NGAI TAHU RELATIONSHIP WITH TE MANAHUNA ...... 6 7. MAHIKA KAI – GATHERING OF FOODS AND RESOURCES ...... 7 8. ARA TAWHITO – THE ANCIENT PATHWAYS ...... 9 9. MĀORI ARCHAEOLOGICAL SITES IN THE UPPER WAITAKI AND TE MANAHUNA 11 10. KEMP’S DEED ...... 12 11. TE HEKE – THE MIGRATION ...... 13 12. AHIKĀROA – KEEPING THE FIRES BURNING ...... 15 13. CONTEMPORARY EXPRESSION OF KAITIAKITANGA ...... 17 14. RESTORATION OF RELATIONSHIP WITH WAITAKI AND TE MANAHUNA ...... 18 15. CONCLUSION ...... 21

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1. MIHIMIHI – INTRODUCTION

Ko Aoraki te mauka teitei Aoraki the lofty mountain Ko Tarahaoa te Mauka Tarahaoa is the Mountain Ko Orari te Awa Orari is the River Ko Huirapa te Takata Huirapa is the Ancestor Ko Te Hawea, Rapuwai, Waitaha, Kāti Mamoe me Kāi Tahu te iwi These are my tribal affiliations Ko Te Waiateruati te Pā Tawhito Te Waiateruati is the Ancient Fort Ko Arowhenua me Waihao taku tupuna marae Arowhenua and Waihao are my marae

Ko Te Hapa o Niu Tireni te Whare nō Arowhenua Te Hapa o Niu Tireni is the name of my meeting house at Arowhenua Ko Arowhenua te Whenua Arowhenua is the Land No Oamaru me Te Umu Kaha ahau I am from Oamaru and Temuka Ko Frances Irihapeti Mandy Waaka-Home taku ikoa Frances Irihapeti Mandy Waaka-Home is my name Tēnei te mihi mahana ki a koutou Warm greetings to you all

2. QUALIFICATIONS AND EXPERIENCE

2.1 My full name is Mandy Waaka-Home and I whakapapa to numerous Ngāi Tahu hapū and today I speak on behalf of Kāti Huirapa with the unconditional support of Te Rūnanga o Arowhenua, and Te Rūnanga o Ngāi Tahu.

2.2 My taua (great-grandmother) Tautau was born at the Te Ao Mārama settlement during the heke led by Te Maiharoa into the high country. 1 28362247_1.docx

Taua Tautau married Teone Te Kahu, the son of Taare Wetere Te Kahu and Pirihera Kuku. My taua (grandmother) Lavinia married Tupae Reihana and they lived at Te Umu Kaha (Temuka). My mum was brought up by Taua Tautau at Glenavy when her mother passed away.

2.3 Like my mother, her mother and her mother’s mother before her, I have inherited the role of kaitiaki of the Waitaki catchment. Being a kaitiaki is a significant responsibility; it is much more than being merely a passive guardian of natural resources. It requires a hands on and proactive approach to ensure our mahika kai is safeguarded and restored. I take my kaitiaki responsibilities extremely seriously. As an inherited responsibility it is not something that can be disregarded. I am passionate to ensure that our tāonga and other natural resources are passed on in as good a state, if not better, to the generations that follow, and that our care and endeavours today respect the beliefs, practices and the intentions of our Tīpuna.

2.4 Traditionally, kaitiakitanga incorporated guardian spirits who communicated with the living world to warn of the danger to the mauri and the mātauraka (training and knowledge) and also herald the times and limits of harvest seasons. Sometimes kaitiaki were manifested through guardian animals, birds, fish or taniwha. Kaitiaki were people with the mātauraka to interpret signs in the environment, such as environmental indicator species or natural events that were utilised to understand the changing ecology. They were monitors of resource health and wellbeing.

2.5 While the same principles still apply today, it has been necessary for the role of kaitiaki to evolve in order to cope with the intense demands that are being placed upon our natural resources. In modern times, and particularly under the Resource Management Act, the duties associated with kaitiakitanga include:

(a) restoring and rehabilitating our degraded mahika kai sites; (b) assessing the cultural implications of proposed developments, including preparing cultural impact assessments; (c) lodging submissions and presenting evidence on resource consent applications and plan development processes; and 2 28362247_1.docx

(d) forming constructive relationships with environmental agencies such as councils, the Department of Conservation and Fish and Game.

2.6 It is important to re-emphasise that while the role of kaitiaki has evolved to accommodate contemporary resource management processes, we are still guided and remain true to our cultural foundations based on mauri and mātauraka. Fortunately for those of us mandated as kaitiaki we are more empowered now to express our cultural beliefs, values, activities and associations as it is our relationship that is important under the RMA and not simply more easily identifiable tangible aspects.

2.7 My involvement today is an example of my kaitiaki responsibilities. Other examples of kaitiaki initiatives I have been involved with include:

(a) since 1994 I have been involved with the numerous resource consent applications affecting the Waitaki catchment, including Project Aqua, the North Bank Tunnel Concept and the Hunter Downs Irrigation Scheme; (b) from 2000 to today I have been a member of the Aoraki Canterbury Conservation Board; (c) I am the present chair of the Manuhaea Land Trust, which involves the management of our ancestral lands at Lake Hawea that were returned to the descendants of the original Manuhaea Native Reserve landowners; (d) from 2002 to today I have been a member of the Waitaki Native Fish Trap and Transfer Committee; (e) since the early 1990s, I have been a member of the Roopū Kaitiaki DoC Rūnanga working party; (f) from its inception in 2004 I have been a past chair and current member of the Ngāi Tahu Māori Rock Art Trust; (g) from 2007 to today I have been a member of the Orari– Rangitata Mātaitai Committee; (h) in 2007 I was appointed by the Minister of Fisheries to be a tangata tiaki (customary fisheries officer) from the Rakaia to the Waitaki;

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(i) since 2000, I have been the report writer for the Ngāi Tahu Land Tenure team for the pastoral leases between the Rakaia and the Waitaki; and (j) since 2007, I have been employed as the Marae manager for Arowhenua Marae.

2.8 Ever since I was a little girl, I have spent many years in the hinterland of the Upper Waitaki and Te Manahuna (the ). Every year my whānau and I go on numerous trips up to the high country to enjoy the landscape and spend time with one another. My daughter and mokopuna have accompanied me on many of these hīkoi. During our hīkoi, I always keep an eye on the cultural health of the catchment and it is my responsibility to pass on my knowledge to them so that they will one day take over my kaitiaki responsibilities.

2.9 I am extremely proud of our history with the Upper Waitaki and Te Manahuna. In the same vein as my Tīpuna, I enjoy a relationship with the area based on regular visits to the hinterland. Historically, the Waitaki Catchment sustained over 160 kaika. While the permanent settlements were mainly found at the river mouth, the majority of sites were used on a seasonal and temporary basis by whānau and hapū. We gathered food and resources at different locations in the valley and at different times of year so as to relieve harvesting pressure at particular locations. We continue to maintain this pattern of cultural use. The Upper Waitaki continues to be a place where my family feel especially empowered and connected. It is our place in the world, our home, Te Ao Mārama.

2.10 Since assisting with the original Cultural Impact Assessment of May 2008, I have had an on-going awareness of Plan Change 13.

Code of Conduct and relevant matters considered

2.11 I acknowledge that I whakapapa to Ngāi Tahu hapū and as such have an interest in these proceedings. Notwithstanding my associations, the basis for my evidence and the sources of information that I have relied on are clearly outlined and I consider that the Court can rely on this evidence for the purposes of demonstrating Ngāi Tahu's historical and

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contemporary relationship with Te Manahuna and the resources covered by the Plan Change which is before the Court.

2.12 On that basis, I confirm that I have read the Code of Conduct for Expert Witnesses contained in the Environment Court Practice Note 2014 and consider that I have complied with it in preparing this evidence.

2.13 The key documents that I have referred to in preparing my evidence include:

(a) Mackenzie Basin Proposed Plan Change 13 Cultural Impact Assessment by Boffa Miskell, dated May 2008 (Appendix 1); (b) Ngāi Tahu Claims Settlement Act 1998; and (c) Evidence in Chief of Tanya Jane Stevens for Te Rūnanga o Ngāi Tahu and Te Rūnanga o Arowhenua.

3. SCOPE OF EVIDENCE

3.1 My evidence will address the following matters:

(a) Kaitiaki Papatipu Rūnanga; and (b) the ancestral, historical and contemporary Ngāi Tahu relationship with the Mackenzie District.

4. SUMMARY OF EVIDENCE

4.1 My evidence provides subject matter that supports Ngāi Tahu concerns related to Mackenzie Basin Proposed Plan Change 13. In an effort to gain recognition of Ngāi Tahu values, rights and interests, and adequate protections for Landscapes of significance to Ngāi Tahu, I give summaries of the Ngāi Tahu kaitiaki Papatipu Rūnanga and our ancestral, historic and contemporary relationship with Te Manahuna (Mackenzie District). The concept of, and our role as, Kaitiakitanga is made evident throughout, along with examples where it has been exercised.

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5. KAITIAKI PAPATIPU RŪNANGA

5.1 Papatipu Rūnaka are regional collective bodies that were established by Kāi Tahu Whānui in the nineteenth century to assist the progress of Te Kerēme (The Kāi Tahu Claim) and today act as the governing councils of the traditional Kāi Tahu hapū and marae-based communities. There are 18 Kāi Tahu Papatipu Rūnaka and each Papatipu Rūnaka is responsible for protecting the tribal interests in their respective takiwā (area), not only on behalf of their own hapū but on behalf of the entire tribe.

5.2 Te Rūnanga o Arowhenua are manawhenua in the area affected by Plan Change 13. Te Rūnanga o Waihao and Te Rūnanga o Moeraki also have a shared interest in Ka Tiritiri o te Moana (the southern alps and high country).

5.3 The original submission by Te Rūnanga o Arowhenua, Te Rūnanga o Waihao and Te Rūnanga o Ngāi Tahu made in 2008 expressed concern about a lack of recognition of the Ngāi Tahu relationship with Te Manahuna, including values, rights and interests, cultural landscapes, mahinga kai and sites of significance.

6. NGAI TAHU RELATIONSHIP WITH TE MANAHUNA

Sources of information

6.1 The information that I present to demonstrate the relationship of Ngāi Tahu with Te Manahuna is from some of the most respected and influential Kāi Tahu Rakatira and Tohuka of the nineteenth century, including Hipa Te Maiharoa, Rawiri Te Maire, Te Huruhuru, Te Warekorari, Matiaha Tiramorehu, Rawiri Te Mamaru, Te Rehe and Hori Kerei Taiaroa.

6.2 In the nineteenth century, their information was recorded onto written material such as maps, manuscripts and submissions, which have survived throughout the generations. Much of the historical evidence that I will refer to in this brief of evidence can be traced back to one or more of these influential and knowledgeable Tohuka.

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7. MAHIKA KAI – GATHERING OF FOODS AND RESOURCES

7.1 For Kāi Tahu, mahika kai is the basis of our culture, and the unrelenting cultural imperative is to ensure that we as kaitaki keep the mahika kai intact. In addition it is the basis of Kāi Tahu’s economy both historically and also today. Mahika kai is often described as the gathering of foods and other resources, the places where they are gathered and the practices used in doing so. Over many generations Kāi Tahu Whānui developed food gathering patterns based on the seasons and lifecycles of various birds, animals and plants. These patterns are similar to the seasonal calendar contained in Appendix 2 which reflects a general calendar for Te Waipounamu based on one known by Hone Taare Tikao recorded in the 1920s.

7.2 The Waitaki and Te Manahuna were a fundamental component of these systematic seasonal food gathering patterns. A particular example is that during the months from May to August, specific Kāi Tahu families travelled to the Upper Waitaki catchment to harvest tuna, weka and other resources. The reason families harvested tuna and weka during this time was because the fat content in these species was at its highest level, which placed far more value on these species as kai because the higher fat content made the preservation process much easier. As well, the tuna whaka heke (migration) on the coast would have also been completed for the season by this time.

7.3 The maps contained in Appendices 3 and 4 show some of our ancient mahinga kai and occupation sites in Te Manahuna. Every ancient site on the map can be traced back to at least one of our written records that have survived from the nineteenth century. In the late nineteenth century, a series of meetings were held with Kāi Tahu kaumātua and the following foods were recorded as being harvested in the Upper Waitaki and Te Manahuna:

(a) Āruhe (Bracken Fern Root); (b) Pūrau (Māori Onion - Bulbinella gibbsii); (c) Kākāpō (Night Parrot); (d) Pūtakitaki (Paradise Shelduck); (e) Kauru (Cabbage Tree Root); 7 28362247_1.docx

(f) Taramea (Speargrass); (g) Kiore (Polynesian Rat); (h) Titi (Huttons Shearwater); (i) Kōareare (Raupō/Bulrush); (j) Tuna (Eel); (k) Kōwhiowhio (Blue Duck); (l) Pōhata (Turnips); (m) Papaī (Type of Speargrass used as a vegetable) (n) Weka (Woodhen); (o) Pora (‘Māori Cabbage’); and (p) Wai koura (Freshwater crayfish).

7.4 These ancient mahika kai and occupation sites were established by our tīpuna of Te Rapuwai, Kāti Hawea, Waitaha and Kāti Mamoe and are located by significant food gathering areas, such as lakes, lagoons, wetlands and streams. These ancient occupation sites were gradually utilised by Kāi Tahu families during their mahika kai hikoi, in which foods, such as weka, tuna, wai koura and all other birds were harvested. Resources such as supplejack (kareao) were gathered to build hinaki (fish traps), raupō (bulrush) were harvested to build mōkihi (rafts) and taramea (speargrass) to make a form of perfume. Some of these ancient occupation sites are still used today by Kāi Tahu Whānui.

7.5 As part of the Smith-Nairn Commission that Taiaroa had established, he held a series of hui at kāinga along the eastern coastline of Te Waipounamu at places such as Ōtākou, Moeraki, Waihao, Arowhenua, Taumutu and Kaiapoi. During these hui, kaumātua recorded all of their kāinga nohoanga (settlements) and kāinga mahinga kai (food gathering settlements) located throughout Kemp's Deed. Some of these kaumātua were of our esteemed ancestors, such as Rāwiri Te Maire, Rāwiri Te Mamaru, Te Maiharoa, Wiremu Te Uki, Hoani Kāhu, and Henare Te Maire.

7.6 Appendix 3 is a portion of the Ngāi Tahu 1880 Map. I note that this is not the original map. The original map is in fact held under a whānau trust in Christchurch. Appendix 3 is a hand-drawn copy of the original map that was done in the 1920s.

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7.7 The Ngāi Tahu 1880 map compliments information gathered by the Royal Commission, whom at the time (late 19th century) was investigating Te Kereme (The Ngāi Tahu claim), from Ngāi Tahu kaumātua who had either negotiated Kemps Deed (explained further in section below) or had witnessed the land deals that had unfolded. Information gathered included the locality of mahinga kai site and areas, and lists of the food, or other resources, obtained from that locality. This included a significant number and quality of such sites within Te Manahuna and the Waitaki catchment at large.

7.8 During this exercise the commission was beginning to see the legitimacy of Te Kereme and that compensatory initiatives would be undertaken. Unfortunately an unsympathetic government was elected soon after, whom not only cut the funding to the commission of enquiry, but also confiscated the bulk of the files created and obtained during the enquiry. Before its termination the commission ultimately ruled in favour of Ngāi Tahu, however recommendations were dismissed and ignored by the likes William Rolleston (commemorated by the township name, street name and statue).

7.9 The information in the 1880 map is none-the-less one of the best produce pieces displaying Ngāi Tahu mahinga kai values found within the Kemp purchase area, including Te Manahuna.

8. ARA TAWHITO – THE ANCIENT PATHWAYS

8.1 Kāi Tahu Whānui utilised the ancient and complex series of trails throughout Te Waipounamu that connected settlements with one another, and settlements to resource gathering areas. Trails followed food resources so foods could be gathered and consumed to sustain people on their journeys. These trails became the arteries of economic and social relationships for Kāi Tahu Whānui, and are now followed by most of today’s main transportation routes. There are many ancient trails associated with the Waitaki and Te Manahuna, and I will now explain each trail individually.

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The Waitaki River

8.2 From the mouth of the Waitaki River, follow the Waitaki until reaching Otematata. From here, follow the Waitaki north into Te Manahuna. Unfortunately, the creation of Lake Benmore inundated this part of the trail and the following ancient occupation sites:

(a) Te Kai Hikihiki, Tatauhe; (b) Pīhakawaro; (c) Te Ana o Kaitaoka; and (d) Te Kara.

8.3 Upon arriving at Te Manahuna the Ōhau, Pūkaki or Takapo Rivers could be followed to their respective lakes and catchments.

The Ahuriri River

8.4 From the mouth of the Waitaki River follow the Waitaki until reaching Otematata. From here travel west along the Waitaki, then follow the Ahuriri, then cross over the mountain range between the Ahuriri and Lake Hawea, and into Upokotauia (the Hunter River). From here all the ancient occupation and mahika kai settlements of Lakes Wanaka and Hawea became accessible. This trail is also of extra special significance because the highly valued pounamu (greenstone) resources of Te Tai Poutini (The West Coast) were accessible through Tiori Patea (Haast Pass).

The Hakataramea River

8.5 From the mouth of the Waitaki River follow the Waitaki until reaching the Hakataramea. From here follow the Hakataramea, then over the Hakataramea Pass into Te Manahuna.

Te Kopi o Opihi (Burkes Pass)

8.6 From the mouth of the Opihi River follow the Opihi, then over Te Kopi o Opihi (Burkes Pass) into Te Manahuna.

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Te Manahuna (Mackenzie Pass)

8.7 From the mouth of the Opihi River follow the Opihi until reaching Te Ana a Wai, which is incorrectly publicly recorded as the Tengawai River. Follow Te Ana a Wai, then over Te Manahuna (Mackenzie Pass) and into the Mackenzie Basin.

9. MĀORI ARCHAEOLOGICAL SITES IN THE UPPER WAITAKI AND TE MANAHUNA

9.1 To gain a full understanding and appreciation of the past lives and activities of early Kāi Tahu in the Waitaki Valley, it is necessary to view culturally significant sites within their wider context, and focus more on the relationships between the sites and the wider cultural landscapes that they inhabit. At the largest scale, Aoraki and the Waitaki River represent an important cultural landscape for Kāi Tahu. This is why there are repeated references to Aoraki and the Waitaki River. On a smaller scale, examples of this type of relationship could include the position of a historic site adjacent to a wetland and/or river. The readily available resources from the wetland and/or river would have been the deciding factor in the position of the site, and should be seen as an integral part of the sites' functions, regardless of whether any archaeological remains lie within it.

9.2 From a Kāi Tahu perspective the entire landscape of the Waitaki Valley is dotted with archaeological sites. These places did not function in isolation from one another, but were part of the wider cultural setting that included not only sites defined by the presence of archaeological remains, but all manner of highly valued places that were named by the earliest inhabitants of the area. Many culturally significant sites and landscapes were lost as a result of the mid and upper Waitaki hydro-electric developments.

9.3 That said, the New Zealand Archaeological Association (NZAA) is an incorporated society, which includes students, amateurs, professionals and institutions involved or interested in archaeology. The NZAA Site Recording Scheme is the most comprehensive database of archaeological sites in Aotearoa. The scheme contains information for 11 28362247_1.docx

over 55,000 Māori and European archaeological sites. The Site Recording Scheme is endorsed and utilised by the New Zealand Historic Places Trust and Te Papa Atawhai (the Department of Conservation).

9.4 The map contained within Appendix 4 shows the Māori archaeological sites recorded in the NZAA Site Record Scheme located in the Waitaki and Te Manahuna. These archaeological sites are predominantly the remains of old cooking areas and ancient settlements, the locations of where artefacts have been found, ancient rock art drawings, caves and rock shelters. As you can see from the map these Māori archaeological sites are located on the ancient pathways and by our ancient occupation sites. These archaeological sites are tangible reminders of our ancient relationship, occupation and use of the Waitaki and Te Manahuna.

9.5 To set some context for the position of Ngāi Tahu today, it is necessary to discuss some historical events following European settlement and the signing of Te Tiriti o Waitangi.

10. KEMP’S DEED

10.1 From 1844 to 1864 the Crown purchased the bulk of Te Waipounamu from Kāi Tahu in eight major land purchases. The largest purchase by far was that of the Canterbury Purchase in 1848 by Henry Tacey Kemp. This is commonly known as ‘The Kemp's Deed’ (see Appendix 5).

10.2 The boundaries of the Kemp's Purchase were not well defined at the time and the exact area purchased by the Crown has always been a contentious issue. At the time of the negotiations the inland boundary was agreed to be from Maukatere (Mount Grey) in North Canterbury, and along the foothills to the mountain Maungatua. Everything inland from the foothills was to remain in Ngāi Tahu ownership. The reason our people demanded that the high country not be sold is because of the significance of this area as a food source.

10.3 Later on in the same year, Walter Mantell was appointed as the Commissioner for the Extinguishment of Native Claims in the Middle Island. His job was to complete the negotiations partially entered into by Kemp. Essentially his job was to negotiate the Māori Reserves within the 12 28362247_1.docx

area of Kemp's Deed. When Mantell arrived in Akaroa he showed the Ngāi Tahu chiefs a sketch map drawn by Charles Kettle of the Kemp's Deed area.

10.4 Immediately the Ngāi Tahu chiefs disputed the map, as Kettle had shown that the inland boundary went all the way over to the West Coast and not to the foothills as earlier agreed to by Kemp. This was the first time that Ngāi Tahu had seen the map of Kemp's Deed. Matiaha Tiramorehu told Mantell: “The only boundary that we mentioned to Mr Kemp was from Maungatere to Maungaatua”.

10.5 Kemp later maintained that he bought the Island from coast to coast. But Ngāi Tahu always insisted that they had sold only from the East Coast to the first inland range of mountains, as had been the case with the Otago purchase. Ngāi Tahu never intended the lands beyond the foothills to be sold. This is why Ngāi Tahu refers to the high country of Te Waipounamu as ‘The Hole in the Middle’, referring to our opinion that this land was never sold/Kaore i hokona (see Appendix 6).

10.6 The Crown transferred the area of the Kemp's Deed to the New Zealand Company, and later on to the Canterbury and Otago provincial governments. Land soon started being divided into large pastoral farms and the Kāi Tahu relationship with the high country was about to change forever.

10.7 These events led to subsequent actions by Kāi Tahu, as I address in further detail below.

11. TE HEKE – THE MIGRATION

11.1 A significant piece of more recent Ngāi Tahu history denotes a heke undertaken, in the 19th century, by Hipa Te Maiharoa. This heke is a poignant example of a declaration of rights and interests in Te Manahuna.

11.2 Hipa Te Maiharoa was a religious leader and, along with many of the other tribal elders at the time, firmly believed that the high country had never been sold. Walter Mantell had promised to establish a native reserve at the Hakataramea Valley to a person named Te Warekorari. 13 28362247_1.docx

When Walter Mantell travelled throughout the land which Kemp's Deed comprises, he had several Ngāi Tahu guides. Te Warekorari was his main guide throughout the Waitaki Valley.

11.3 In 1848 Mantell promised Te Warekorari a reserve at Hakataramea, which was approved by the Governor-in-Chief. Mantell was directed to visit Hakataramea and set apart this promised land whenever his “other duties might permit.”

11.4 Mantell came back in 1852 where he met Te Warekorari and his family and confirmed that a reserve of 150 acres at the mouth of Hakataramea would suffice for the family’s needs. Te Warekorari was already living there and had cultivations on patches of land where he knew he could supply fresh vegetables to the influx of settlers who would soon be arriving. Mantell proposed returning to establish this Native Reserve. However, the reserve was never surveyed. Instead a 150 acre block was allocated at the mouth of the Waihao River in lieu of the land at Hakataramea.

11.5 Frustrated by the loss of the Hakataramea Reserve and the Crown assertion of ownership of the high country, Te Maiharoa organised a heke to assert Ngāi Tahu’s right to the high country. In 1877, Te Maiharoa led over one hundred of his followers up the Waitaki Valley. They were to go to Wānaka but instead camped on a prominent leaseholder's run in the upper reaches of the Waitaki Valley near the junction of the Ahuriri River and the Omarama Stream.

11.6 They were to camp here for the following two years under the leadership of Ngāi Tahu rangatira such as Rāwiri Te Maire and Horomona Pohio. In Ngāi Tahu’s eyes they were merely occupying what was theirs. However, in the eyes of the Europeans they were common lawbreakers and there were accusations of sheep stealing.

11.7 At the same time as Te Maiharoa’s protest, another Ngāi Tahu person was protesting but in a totally different manner. Hori Kerei Taiaroa from Ōtākou had been recently elected as the Member of Parliament for Southern Māori. He was advocating in the political circles to establish a Royal Commission to investigate the Ngāi Tahu Land Claims. Taiaroa 14 28362247_1.docx

had reached an agreement in principle with the Minister of Native Affairs John Sheehan to set up a Commission of Inquiry.

11.8 Taiaroa saw Te Maiharoa’s protests at Omarama as a threat to this agreed Commission of Inquiry. Later in 1878, Taiaroa and Minister Sheehan went to Omarama to convince the protestors to leave. They were unsuccessful.

11.9 In February 1879 Minister Sheehan established a Royal Commission, which is commonly known as the Smith-Nairn Commission. Smith and Nairn were the names of the Royal Commissioners. Despite the establishment of the Commission Te Maiharoa and his followers remained. In August of that year Minister Sheehan ordered the eviction of Te Maiharoa and his followers. He was responding to the pressure of the local landholders.

11.10 A short time before the armed constabulary arrived, Te Maiharoa and some of his followers climbed the mountain Te Ruataniwha (now known as Ben Ohau). Here he had the vision that they would settle at the ancient kāika of Korutuaheka located on the southern bank of the Waitaki River mouth.

11.11 When the armed constabulary arrived with ten armed shepherds from local runs, Te Maiharoa and his followers agreed to leave. Most of the people went to the ancient kāika of Koruatuaheka where they settled.

12. AHIKĀROA – KEEPING THE FIRES BURNING

12.1 After these events, Kāi Tahu Whānui experienced a series of injustices, including the Crown denying access for our tīpuna to our traditional mahika kai, and the depletion of kai and other resources due to pollution and environmental change. In spite of this, successive generations of Kāi Tahu Whānui have continually worked to protect and restore our cultural association with the Upper Waitaki and Te Manahuna. I will show that these efforts have been carried out firstly at an iwi (tribe), hapū (sub-tribe) and then whānau (family) level.

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12.2 As a result of eight successive Kāi Tahu generations fighting against the injustices suffered by our people from the time of the Crown land purchases, a settlement was reached in 1998 between Kāi Tahu and the Crown and the result was the Ngāi Tahu Claims Settlement Act 1998 (Kāi Tahu Settlement). There are three specific mechanisms contained in the Kāi Tahu Settlement (see Appendix 7)1 to acknowledge and recognise our relationship with the cultural landscape of Te Waipounamu:

(a) Statutory Acknowledgements; (b) Dual Place Names; and (c) Nohoanga.

12.3 Statutory Acknowledgements are an acknowledgement by the Crown of the particular cultural association that Kāi Tahu Whānui holds for specific areas and is intended to ensure that Te Rūnanga o Ngāi Tahu is informed when a proposal may affect one of these areas. The Statutory Acknowledgements in the Upper Waitaki and Te Manahuna are Aoraki (Mount Cook), Hakataramea River, , Lake Pūkaki, Lake Takapo, Mahi Tikumu (Lake Aviemore), Te Ao Mārama (Lake Benmore), Waitaki River and Whakarukumoana (Lake MacGregor). The relevance of the statutory acknowledgements are also discussed in the evidence of Ms Stevens.

12.4 Under the Kāi Tahu Settlement, Dual Place Names are names that are now joint English / Māori names that are to be included on official maps, road signs and explanatory materials. The one exception is Aoraki / Mt Cook, where the Kāi Tahu name comes first. The Dual Place Names in the Upper Waitaki and Te Manahuna are Aoraki / Mt Cook, Kurow Hill / Te Kohurau, and Mackenzie Pass / Manahuna.

12.5 Nohoanga refers to the traditional resting places used by our tīpuna. Under the Kāi Tahu Settlement, nohoanga have been given contemporary meaning through the establishment of temporary campsites near areas of cultural significance, where any Kāi Tahu person or family can camp subject to certain conditions. The nohoanga in the Upper Waitaki and Te Manahuna are located at the Ahuriri River, Lake

1 See also the map of Te Manahuna with Statutory Acknowledgment Areas marked in red attached as Appendix 1 to the evidence of Tanya Stevens. 16 28362247_1.docx

Ōhau, Lake Pūkaki, Mahi Tikumu (Lake Aviemore), Ōhau River, Takamoana (Lake Alexandrina), Te Ao Mārama (Lake Benmore) and Whakarukumoana (Lake MacGregor).

13. CONTEMPORARY EXPRESSION OF KAITIAKITANGA

13.1 I will now outline the efforts made by our local hapū, from the 1980s to today, (as a contemporary expression of kaitiakitanga) to restore our mahinga kai in the Waitaki catchment of which Te Manahuna is an integral part as it is comprised of the mountains, headwaters, and sources, of the various water-bodies that support mahinga kai fresh-water species habitat,

13.2 Before 1990 we produced a report describing our association with the Lower Waitaki which was subject to the then Electricorp Lower Waitaki Development. A Memorandum of Understanding (MOU) was agreed between the Ngāi Tahu Maori Trust Board and Electricorp in approximately 1987.

13.3 In 1989 the three kaitiaki Papatipu Rūnaka were members of the Waitaki Working Party. With the expiry of the Order in Council authorising hydro- electricity generation in Waitaki, there was a need for Electricorp to apply for water rights permitting the on-going operations of the existing Waitaki Power Scheme. Water rights were granted in 1990 and subsequently deemed to be resource consents when the RMA was enacted in 1991. The outcomes that we negotiated were to include funding for a catchment wide mahika kai survey and the erection of elver passes on the three Lower Waitaki Dams.

13.4 By being a signatory to the Waitaki Agreement (that set out the mitigation negotiated between Electricorp and the respective agencies and organisations of the Waitaki Working Party), Kāi Tahu also indirectly supported a range of initiatives for which other agencies assumed primary responsibility. This includes Project River Recovery to protect braided river habitats for birds, including those birds classed as taonga species pursuant to the Ngāi Tahu Claims Settlement Act 1998, and the restoration of flows in the Upper Ōhau River. In return it also meant that

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the other signatories to the Waitaki Agreement supported our mahika kai restoration intentions.

13.5 In 1993 the mahika kai survey was completed by Charles Mitchell and Kelly Davis. From the early to mid-1990s elver passes based on the design of Charles Mitchell were installed on dams.

13.6 We established the Waitaki Native Fish Committee, which initially had two key functions. Firstly, to install a new fish pass system at Waitaki to trap elvers for relocation in the upper catchment, and secondly to implement a programme to trap breeding migrants and move them to the lower river to enable their whaka heke. A research component was also added to the downstream trap and transfer programme. As part of this mahi, regular hīkoi have been undertaken to monitor the success of fish passage initiatives.

13.7 The above described working arrangement species arrangement co- management illustrate the lengths to which our hapū have gone to mitigate the effects of development in the Waitaki Catchment and exercise our kaitiaki role. This initiative was fuelled by the same types of concern we have for development in the Te Manahuna landscape within the overall Waitaki catchment.

14. RESTORATION OF RELATIONSHIP WITH WAITAKI AND TE MANAHUNA

14.1 Aside from the mahika kai restoration efforts of our local hapū, we have also been working through other available channels to protect and restore our cultural relationship and association with Waitaki and Te Manahuna. Specific examples are discussed below.

Aoraki Bound

14.2 Since 2004 Kāi Tahu, Outward Bound and kaitiaki Rūnaka have been running the Aoraki Bound programme. Since this course began, over a hundred Kāi Tahu Whānui have followed the ancient pathways from our ancestral pā at Anakiwa in the Marlborough Sounds to our ancestral mauka Aoraki (Mt Cook). This involves paddling waka (canoes) the length of Pūkaki, sleeping under the shadows of Te Tari o Mauka Atua 18 28362247_1.docx

(The Ben Ōhau Range), and hīkoi along Te Awa Whakamau (Tasman River) to the feet of Aoraki (Mt Cook).

Review of Pastoral Leases

14.3 Over the last twenty years we have been visiting Pastoral Leases in Upper Waitaki and Te Manahuna as part of the Tenure Review process to protect our mahika kai and wāhi tapu on these pastoral leases.

Restoration of traditional Kāi Tahu names

14.4 Examples include the naming of the recently established Conservation Parks: Ahuriri, Te Rua Taniwha and Te Kahui Kaupeka.

Ngāi Tahu Rock Art Trust

14.5 The establishment of the Ngāi Tahu Rock Art Trust has been pursued to protect our tuhituhi neherā (ancient rock art drawings) throughout Te Waipounamu, which in the case of the Waitaki are of national significance.

Relationship with the Department of Conservation

14.6 Ngāi Tahu has been working over time on building a strong working relationship with Te Papa Atawhai (the Department of Conservation) to protect our cultural values on land managed by the Department in Waitaki and Te Manahuna.

Establishment of community facilities

14.7 During the construction of the Upper Waitaki Electricity Scheme, the local community sought and were granted permission from local Kāi Tahu for a community meeting place, referred to as a marae in the township, Te Whare Mahana, for the many Māori who did not hold manawhenua that worked on the scheme. Permission for the establishment of the complex was granted by the elders of the three kaitiaki hapū within the takiwā.

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Other initiatives

14.8 There are a range of other initiatives which have been pursued over the years, including:

(a) preparation of a regional eel management plan for the Waitaki and region.

(b) the development of a range of communication initiatives to educate the community of our association with Waitaki and Te Manahuna;

(c) the assessment of whītau within harakeke in Lower Waitaki;

(d) to retain our cultural association with Upper Waitaki and Te Manahuna all three Papatipu Rūnaka run a programme of regular hīkoi to the catchment; and

(e) all three Papatipu Rūnaka participate in field trips and resource management activities within the catchment.

Mahika kai activities

14.9 There is no better example of a whānau protecting and restoring our presence in Waitaki and Te Manahuna than that of the late Kelly Davis from Waihao. Kelly’s great-great-grandfather, Rawiri Te Maire, was an invaluable source of Māori history, traditions and place-names, in particular for the interior of Te Waipounamu. His information is one of the key sources presented in this statement of evidence.

14.10 Kelly’s father Henare Davis Te Maire was also a strong advocate for protecting Kāi Tahu interests in Upper Waitaki, particularly the protection of our tuhituhi neherā (ancient rock art drawings), some of which have been destroyed through the Waitaki hydro development.

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14.11 Kelly was a staunch advocate for the protection of Kāi Tahu cultural values and was a renowned expert on mahika kai, the Waitaki River and the ancient craft of constructing mōkihi (rafts made from raupō and other materials). Kelly also appeared in many hearings similar to this one and was instrumental in our efforts to restore our mahika kai in the Waitaki catchment. Kelly was among the first tribal representatives on the Electricorp working party in the early 1990s. Kelly was involved in educating young Kāi Tahu about the traditions of the Waitaki and organised many rakatahi wānanga and hīkoi right up until his untimely death in 2007. These wānanga were instrumental in the development of the Aoraki Bound Programme.

14.12 Uncle Tim Te Maiharoa was a renowned expert on the ancient craft of building mōkihi and taught many people during his lifetime, including Kelly and myself. Mōkihi are rafts made from raupō (bulrush) or kōrari (flax flower stalks), which were one of the main methods used to transport foods and other resources from Waitaki to the coastal settlements. They were even used well into the twentieth century by local Māori shearers. Recently there has been a resurgence of interest in the construction and use of mōkihi and many wānanga (training sessions) have been held at local marae where experts teach rakatahi about the construction and traditions of mōkihi.

14.13 The above describes how the relationship of Ngāi Tahu with Te Manahuna is not purely historical, but is one that is alive and that we as Ngāi Tahu actively pursue and nurture.

15. CONCLUSION

15.1 It is my sincere hope and request, that this statement provides a better understanding of Ngāi Tahu’s values, rights and interests within the geographic and atmospheric space covered by Plan Change 13.

15.2 Currently I consider that Plan Change 13 does not adequately recognise Ngāi Tahu ancestral, historic and contemporary values, rights or interests. In this way I firmly believe that Plan Change 13 is denying me my ability to exercise my role as Kaitiaki (as described earlier in my evidence) which was delegated to me by birth and right. 21 28362247_1.docx

15.3 These ancestral, historic and contemporary values, rights and interests espoused in my evidence could invariably, and easily, be incorporated into the Plan Change. This would go a long way towards achieving the type of recognition that Ngāi Tahu is concerned with.

15.4 The evidence of Ms Stevens details the appropriate planning concerns and mechanisms that could remedy the situation. I support Ms Stevens' recommendations as being appropriate to address many of the matters covered in my evidence.

Mandy Waaka-Home 9 September 2016

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Appendix 1 – Cultural Impact Assessment

Appendix 2 – Mahinga kai diagram

Appendix 3 – Ngāi Tahu 1880 Map Portion

Appendix 4 – Te Manahuna with NZAA sites of Maori origin

0 5 10 20 Kilom eters

KarangaruaLagoon D

"J"J "J River Rangitata Makaawhio River / Jacobs RiverJacobs / Makaawhio River "J"J"JD"J"J Aoraki / MountCook / Aoraki

Takapo / Lake TekapoLake Takapo/

"J WhakarukumMcGregorLake oana/ "J"J"J"J D

"J "J

"J "J "J Lake PūkakiLake "J

"J"J"J "J "J "J "J "J"J"J"J "J"J "J Lake ŌhauLake D D D "J "J "J "J"J "J"J D "J "J"J"J "J "J"J"J"J Te AoMāramBenmLakeTe / a ore "J "J"J "J"J"J "J "J"J "J "J HakataramRiver ea "J "J "J "J "J "J "J"J"J D "J

D "J"J Mahi Tīkum u / Lake AviemLake TīkumMahi ore/ u "J "J "J "J "J ¯ "J"J Legend Catchment Boundary Topuni - Outline Te Manahuna - Mackenzie Basin D Nohoanga (non operative) Nohoanga (operative) Statutory Acknowledgements - Outline "J NZAA_Maori

Appendix 5 – Kemp's Purchase Deeds Map

Appendix 6 – Kaore ano I hokona

Appendix 7 – Statutory Acknowledgment Areas