C U L T U R A L IMPACT ASSESSMENT WAITOHI PICTON FERRY PRECINCT RE-DEVELOPMENT WAITOHI

TE ĀTIAWA O TE WAKA A MĀUI

21 DECEMBER 2020

WAITOHI PICTON FERRY PRECINCT RE-DEVELOPMENT TABLE OF CONTENTS

EXECUTIVE SUMMARY OF CULTURAL IMPACT ASSESSMENT (CIA) ...... 4 Coastal statutory areas as set out in various Treaty of Waitangi Settlement acts ...... 8 INTRODUCTION ...... 9 PURPOSE OF THE CULTURAL IMPACT ASSESSMENT (CIA) ...... 10 SUMMARY OF THE PROPOSAL ...... 12 THE RESOURCE MANAGEMENT ACT ...... 15 COVID – 19 (FAST TRACK CONSENTING) ACT 2020 ...... 17 TE ĀTIAWA O TE WAKA-A-MĀUI DEED OF SETTLEMENT ...... 18 TE ĀTIAWA O TE WAKA-A-MĀUI IWI ENVIRONMENTAL MANAGEMENT PLAN 2014 ...... 19 NEW ZEALAND COASTAL POLICY STATEMENT 2010 ...... 20 NATIONAL POLICY STATEMENT FOR FRESHWATER MANAGEMENT 2020 ...... 20 PROPOSED MARLBOROUGH ENVIRONMENT PLAN ...... 21 MARLBOROUGH REGIONAL POLICY STATEMENT (RPS) 1995 ...... 22 RESOURCE MANAGEMENT PLAN ...... 23 HISTORICAL CONTEXT FOR TE ĀTIAWA WITH THE PROJECT ...... 23 The Waitohi Purchase, 1848-1850...... 24 WAITOHI PĀ ...... 26 Kaiaua Lagoon ...... 30 EFFECT ON TANGATA WHENUA VALUES ...... 31 MARINE ENVIRONMENT AROUND THE CURRENT FERRY TERMINAL ...... 31 VISUAL IMPACT OF THE BUILDINGS AND INFRASTRUCTURE ...... 32 Roading/Transportation Summary ...... 35 CONSTRUCTION IMPACTS OF THE WHARVES AND BUILDINGS ...... 36 KAITIAKITANGA AND THE PROJECT ...... 38 THE PROPOSED NEW FERRIES ...... 39 KURA TE AU (TORY CHANNEL) AND TŌTARANUI (QUEEN CHARLOTTE SOUND) ...... 41 Rangitāne Statement of Coastal Values ...... 44 CONCLUSIONS ...... 45 RECOMMENDATIONS ...... 46 BIBLIOGRAPHY ...... 48 Deeds of Settlement ...... 49 Treaty Settlement Acts ...... 49 APPENDIX I – STATEMENTS OF ASSOCIATION ...... 50 TORY CHANNEL ...... 52 APPENDIX II – DRAFT ACCIDENTAL DISCOVERY PROTOCOL ...... 55

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APPENDIX III – DEED PLAN ...... 56 APPENDIX IV – A BRIEF TRADITIONAL HISTORY OF TE TAU IHU O TE WAKA A MĀUI ...... 58 THE EIGHT TRIBES OF TE TAU IHU TODAY ...... 59 Kurahaupo Iwi ...... 59 Tainui Iwi ...... 60 Te Ātiawa and Ngāti Tama – Taranaki Iwi ...... 61 Ngāti Tama ...... 61 APPENDIX V – CULTURAL SIGNIFICANCE OF KURA TE AU (TORY CHANNEL) AND TŌTARANUI (QUEEN CHARLOTTE SOUND ...... 63 Introduction ...... 63 Cultural Significance of Kura Te Au (Tory Channel) ...... 63 Brief summary of Archaeological Sites ...... 65 The Cultural Significance of Tōtaranui – Queen Charlotte Sound ...... 65 APPENDIX VI – SHIPS TRAVELLING THROUGH THE ROHE ...... 67 APPENDIX VII – NET ENDURING RESTORATIVE OUTCOMES ...... 74

Cover: Fox, William 1812-1893: Bird's eye view of Waitohi. [1848] [showing a Maori kāinga], Alexander Turnbull Library, C-013-001

Waitohi Pā and Te Weranga o Waitohi Painting by William Fox 1848

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EXECUTIVE SUMMARY OF CULTURAL IMPACT ASSESSMENT (CIA)

• Port Marlborough New Zealand Ltd (Port Marlborough) and KiwiRail are proposing the redevelopment of the Waitohi-Picton Ferry Terminal1 Precinct to accommodate new inter-island ferries and potentially, to accommodate some Cruise Ship vessels. The redevelopment involves works in the coastal marine area (CMA) as well as on land. The proposal will require resource consents under the COVID-19 Recovery (Fast-track Consenting) Act 2020 as a listed project. In addition, outline plans of works and minor designation alterations will be processed by the Marlborough District Council (“Council”). • The project will run in parallel with Waka Kotahi NZ Transport Agency. Along with KiwiRail it is developing a Single Stage Business Case (SSBC) separate but alongside the Inter-island Resilience Connection (iReX) programme. Although the SSBC is working closely with the iReX team the SSBC team is governed differently. The SSBC is looking broadly at what needs to be done and what things need to be invested in to ensure people in Waitohi/Picton can still move in and about the area near the Port once the new ferries start arriving. • The Waitohi/Picton redevelopment is one of three components of the iReX project. • This area is of high significance to Te Ātiawa o Te Waka-a-Māui (Te Ātiawa) known as Waitohi being the original Pā and settlement for them on the banks of Te Weranga o Waitohi Awa (“the sacred waters”) (the energy of the Waitohi River). The Waitohi Awa was of the highest cultural significance to Te Ātiawa. Waitohi was the original name for Picton until 1859. As a result of colonisation and the Waitohi purchase the people of Waitohi moved to the neighbouring bay of Waikawa around 1850.

1 Te Ātiawa and Port Marlborough have proposed that there be a new more culturally appropriate name for the Picton Ferry Terminal

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• This site remains of high cultural significance to Te Ātiawa despite the extensive development which saw the culverting of the Waitohi Awa through the site, the reclamations of the Kaiana/Waitohi lagoon and the development of the Port with wharves and Port infrastructure. Although Waikawa became the home for Te Ātiawa, the connection to Waitohi remained with the Port and the adjacent freezing works and fishing providing significant employment for the whānau. It is noted that the Waitohi Lagoon was also known as Kaiana Lagoon by the Iwi of the area and was a popular place for gathering kaimoana (mahinga kai). • The Port has seen a series of developments over the years particularly with the revolution with the introduction of roll-on roll-off rail ferries enabling the Main Trunk Railway to effectively stretch from Auckland to Christchurch. The addition of other ferry lines offering freight and passenger services between Waitohi/Picton and has increased the capacity of the inter-island services. • The CIA has been prepared on behalf of Te Tau Ihu o Te Waka a Māui. The purpose of the CIA is to identify Tangata Whenua values and inform the Assessment of Environmental Effect (AEE) for the resource consent application of the redevelopment. The CIA will identify not only cultural impacts of the redevelopment, but will also identify what is of cultural significance in the redevelopment in the context of Waitohi for Te Ātiawa and those other Te Tau Ihu Iwi who have expressed interest in the project. • For Te Ātiawa, one of the major concerns includes the loss of Tino Rangatiratanga, including asserting mana whenua in Waitohi and the Rohe of Te Ātiawa. For Te Ātiawa and other Tangata Whenua Iwi, major concerns lie with: • The inability to practice kaitiakitanga and the loss of traditional knowledge of customary practices and related disconnection with Waitohi Pā and Awa; • Potential unsustainable management of wāhi tapu and wāhi taonga; • Potential for further degradation of the mauri of Waitohi, including environs and water bodies; • Unsustainable management of whenua (land), wai Māori (freshwater management), and te tai (sea – coastal / marine area);

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• Potential effects of changes to infrastructure, including roads and buildings which may degrade the experience for those who live, work and play in the Rohe. • The CIA sets out a number of recommendations in relation to these issues to mitigate and manage the adverse effects on Tangata Whenua values; and also to realise opportunities to deliver cultural and kaitiakitanga outcomes for Iwi. • Te Ātiawa, Port Marlborough and KiwiRail, share a long-term interest in the vibrancy of Waitohi/Picton and all have responsibility for enhancing and protecting the health of Waitohi /Picton Harbour wherever possible. • Aligning the interests of Te Ātiawa with Port Marlborough, KiwiRail and the other project partners is fundamental to enabling the redevelopment project in a manner that respects and reflects the cultural and environmental values of Waitohi/Picton Harbour. • The development will include changes to the wharf structure in the harbour along with possible changes to the culverting of the Waitohi Awa. In Māori times2 the Waitohi stream had a healthy indigenous fish population, however development (particularly the long culvert and urbanisation) adversely changed the cultural health of the stream in its lower reaches. Reclamation activity for the Port facilities from the earliest times of settlement saw the removal of the mahinga kai in the Waitohi Lagoon/Kaiana and the Waitohi/Picton Harbour generally. • The Kaitiaki role for Te Ātiawa is active with respect to the Rohe (traditional area) as a consequence of ahi kā roa3. Te Ātiawa holds mana whenua mana moana over the lands and waters of the Sounds Rohe, including Waitohi / Picton Harbour, Tōtaranui / Queen Charlotte Sound, and Kura Te Au / Tory Channel and environs.

2 “Māori times” is generally the period before 1840 when Māori lore/law prevailed

3 ahi-kā-roa - long burning fires of occupation; long-term residency; it includes those circumstances where a person's ancestors have kept the "smoke-rising" and the "hearths warm".

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• Te Ātiawa has an established relationship with Port Marlborough and has engaged KiwiRail in discussions about new ships and the related proposal to upgrade the Waitohi Picton Ferry Terminal. Te Ātiawa wishes to establish a Memorandum of Understanding (MOU) between Port Marlborough, KiwiRail and Te Ātiawa to enable the development of a Cultural Health Index (CHI) for the cultural interpretation of the health of Waitohi, ki uta ki tai4. Te Ātiawa wishes to be an active part of the whole development from the outset of the design and support the Project Team’s understanding of the Māori cultural context from the history of the site through to the final project. The concept that people come to this ūranga (tauranga waka) or landing place to land on Te Waka a Māui, is important culturally to all Iwi of Te Waka a Māui / Te Waipounamu, and are part of the views expressed to the Project Team. • Te Ātiawa along with the other Iwi of Te Tau Ihu, view the project broadly and holistically. This means they consider that all elements that are a part of the project should come into consideration. This may mean elements that are not a specific part of the resource consenting process specifically, such as the types and use of the ferries that will replace the existing Interislander fleet, are considered in part through this CIA. The cultural objectives behind their design and the impacts in the rohe of the project have influenced the project5. • Te Ātiawa and other Iwi are also interested more broadly in the key roading issues including what is to happen with SH 1 through Picton/Waitohi and beyond. The whole environment is of interest, including those parts adjacent to the proposed development such as the Waitohi/Picton foreshore and the heritage areas. • The key recommendation for Te Ātiawa is strengthening the partnership with Port Marlborough, KiwiRail and Waka Kotahi NZ Transport Agency in particular through the consent processes and through all the steps in the development.

4 Ki uta ki tai - literally a metaphor for the movement of water across the landscape from the mountains to the sea, and a reference to the relationship of the land, the interior of the whenua, to the coast.

5 See Appendix VI

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• At Appendix IV of this CIA a brief traditional history of Te Tau Ihu o te Waka o Māui, Nelson, Marlborough and Tasman traces, from the earliest times, the various Iwi and others that migrated and settled this region well before the arrival of Europeans such as Abel Tasman and James Cook. Although Te Ātiawa holds mana whenua/mana moana over the project area other Iwi have occupied the area generally over time. • Of the eight Iwi in Te Tau Ihu o Te Waka a Māui, Te Ātiawa hold mana whenua mana moana for the project site, hence the partnership approach taken on the project and their lead role in this CIA. Ngāti Kuia and Rangitāne advised they both have an have interest in the project site and identified several sites to be included in the CIA. Ngāti Tama does not have an area of interest that includes Waitohi / Picton, and Ngāti Apa confirmed the project is outside their rohe. Ngāti Koata and Ngāti Rārua advised they are satisfied that the CIA sufficiently represents their interests. Ngāti Toa did not respond to communications. • This CIA attempts to identify where the interest of Tangata Whenua Iwi differ by highlighting those differences.

COASTAL STATUTORY AREAS AS SET OUT IN VARIOUS TREATY OF WAITANGI SETTLEMENT ACTS

• Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a- Māui Claims Settlement Act 2014. • The coastal statutory area under Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014 means the statutory area described in Schedule 1 as Te Tau Ihu coastal marine area. • Schedule 1 states that Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui are Iwi with an association with the statutory area Te Tau Ihu coastal marine area, as shown on OTS-202-63:

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• Of the other tribes in Te Tau Ihu two have expressed a desire to be consulted in the project and may choose to report separately. These two are Rangitāne o Wairau and Ngāti Kuia. Both these tribes have historical interest broadly in Te Tau Ihu. Rangitāne in particular had many sites throughout Te Tau Ihu including in the Marlborough Sounds. • Ngāti Kuia was the earliest of the eight tribes in Te Tau Ihu still in existence. Their specific interest in this particular site is not clear, aside from the interest all Iwi in Te Tau Ihu. All the Iwi in Te Waka a Māui have a broad interest in the Project as it provides this very important commercial link between the two main islands of New Zealand through the Tory Channel and Queen Charlotte Sound. • The CIA will focus on the environmental effects of constructing and operating the port, rail and roading infrastructure required to support the proposed new ferries. • The operation of the ferries in Tory Channel and Queen Charlotte Sound are a permitted activity. This activity provides an important link between the North and South Islands and also provides a means of transport of goods through the Marlborough Sounds. Tory Channel and the inner Queen Charlotte Sound are apart of this transportation route. The CIA will identify the cultural significance of Kura Te Au (Tory Channel) and Tōtaranui (Queen Charlotte Sound) for Te Ātiawa and other Tau Ihu Iwi.

INTRODUCTION

Port Marlborough and its key project partners KiwiRail, along with Waka Kotahi NZ Transport Agency (Waka Kotahi) and Marlborough District Council are proposing the redevelop the Waitohi/Picton Ferry Terminal over a staged multi- year process. The project is required to ensure that services at the terminal can be maintained while the redevelopment is occurring.

This CIA has been prepared on behalf of Te Tau Ihu o Te Waka a Māui. Port Marlborough and KiwiRail have engaged with all eight iwi as part of this redevelopment project. Morrie Love of Raukua Consultants lead the drafting process, with considerable input from the

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Kaitiaki o te Taiao Team for Te Ātiawa o Te Waka-a-Māui Trust, along with other iwi members.

Te Ātiawa as mana whenua mana moana has led the Cultural Impact Assessment (CIA) process. Te Ātiawa, Port Marlborough and KiwiRail agree that a CIA is an important component of the assessment of environmental effects. This also forms part of the requirement under the COVID – 19 (Fast Track Consenting) Act 2020, Schedule 6, Clause 9(5) where an application made under the Act must also include a CIA prepared by or on behalf of the relevant iwi authority. In this case, the iwi authorities are the eight iwi of Te Tau Ihu o Te Waka a Māui.

Te Ātiawa has a long history of association with Te Tau Ihu o te Waka a Māui, since the 14th century. Te Ātiawa footprint as manawhenua was established during the 1828 hekenga “Tukituki Patu Aruhe” with the alliance of Tainui and Taranaki Iwi attacks within and conquest of Tōtaranui (Queen Charlotte Sound) and Kura Te Au (Tory Channel).

Te Ātiawa established many settlements in the Marlborough Sounds region in 1828, prior to advancing further south to Wakatū/Nelson and Aorere/Tasman regions with the 1830 hekenga “Niho Mango”.

Waitohi was recognised as the primary settlement within Tōtaranui and Kura Te Au.

PURPOSE OF THE CULTURAL IMPACT ASSESSMENT (CIA) This CIA will identify the applications of mana whenua/mana moana values such as those associated with kaitiakitanga and the practices that would apply in this instance. For Te Ātiawa as kaitiaki in this area, this includes monitoring of the project and having cultural Health monitoring input into works at various stages.

This CIA will identify the cultural impacts associated with the proposed ferry terminal redevelopment, with particular matters identified in the Marlborough Sounds Resource Management Plan (MSRMP) and the proposed Marlborough Environment Plan (PMEP), that are relevant to the redevelopment and Tangata Whenua values.

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It will provide recommendations to avoid, remedy and mitigate any adverse cultural effects which would develop into conditions of consent.

This CIA will assist the consenting authority to assess the consent applications against the relevant RMA provisions and in particular those Tangata Whenua values as they relate to Waitohi/Picton Harbour.

It will also provide a foundation or partnership with Te Ātiawa and where appropriate other Iwi, as the redevelopment progresses including agreed final plans and consent conditions. It is noted that the partnerships extend further than plans and consent conditions.

The relevant Tangata Whenua values informing the CIA process include but are not limited to the following;

• Tino rangatiratanga or the exercising of mana whenua/mana moana

• Providing a Māori cultural lens to the development

• Kaitiakitanga or guardianship

• Wāhi tapu management

• Wāhi taonga management

• Management of whenua

• Management of te Wai Maori

• Management of te moana

To identify the potential cultural impacts associated with the proposed ferry terminal redevelopment, with particular matters identified in the MSRMP and the PMEP that are relevant to the redevelopment and Tangata Whenua values;

The CIA provides recommendations to avoid, remedy and mitigate any adverse effects of the Project on the environment including the cultural environment as set out by Te Ātiawa. These recommendations will include draft conditions in some instances.

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The purpose of this Cultural Impact Assessment is to provide a basis:

• To assist the decision-making panel formed under the Fast Track Consenting Act to assess the consent applications against the relevant provisions and in particular those relating to Tangata Whenua values and the Waitohi/Picton Harbour.

• To provide a foundation or partnership with Te Ātiawa as the redevelopment progresses including its involvement in the process to finalise plans and consent conditions.

SUMMARY OF THE PROPOSAL The proposed redevelopment of the Waitohi/Picton Ferry Terminal is comprehensive and involves both land based redevelopment and extensive work within the CMA.

The key works are as follows:

Port Marlborough Land-based work includes:

• Ferry Terminal; • New link span overbridges and passenger walkway; • Pedestrian areas and links to Waitohi/Picton waterfront and town; • Internal road upgrades – with main ferry traffic to move to Lagoon Road; • Upgraded carparking with associated stormwater management and landscaping. • Any works within the Waitohi Awa culvert/bed should changes to the river alignment and/or culvert be proposed; and • Associated earthworks and servicing. Works within the Coastal Marine Area (CMA):

• Construct new multi-use wharf and relocate vessels from Waitohi Wharf to it (this wharf will be located to the west of the existing wharfs); • Demolish existing two jetties and replace; • Establish new (approximately 285m long) wharf with back up berth. • Establish rail connection to wharfs.

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• New seawall and associated small area of reclamation.

• Dredging to enable larger ships.

KiwiRail (Within KiwiRail Designation Area)

Redevelop the marshalling yard including earthworks (mostly fill), rail and roading realignment and new staff and customer facilities along with retaining wall works on the Waitohi Awa.

Marlborough District Council

• Cul-de-sac Broadway at the intersection with the railway line. • Upgrade Dublin Street rail crossing by constructing an overbridge to provide grade separation treatment of the rail crossing; and • Convert Market Street to a cul-de-sac, where Market Street where it intersects with Dublin Street.

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THE RESOURCE MANA GEMENT ACT

The Resource Management Act (“the RMA”) has a number of provisions that are relevant to this project. Part 2 section 6e, 6f and 6g in matters of national importance the Act states that

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: (a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: (b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: (c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:

(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, use, and development:

(g) the protection of protected customary rights.

In Section 7 Other Matters the following is included: 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—

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(a) kaitiakitanga: and other matters; and

The definition section in Part 1 of the Act we have 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

Section 8 Treaty of Waitangi

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). Section 6e establishes the importance of the relationship of Iwi with ancestral lands and waters attached as Appendix II is the statutory acknowledgement of the significance of Queen Charlotte Sound and Islands to Te Ātiawa.

The exercise of kaitiakitanga in Te Weranga o Waitohi and Picton Harbour applied to the actions of the Iwi mana whenua/mana moana as guardians of particular resources, places and entities. In this case kaitiakitanga could be said to apply to the whole Rohe where matters such as water quality, life supporting capacity of the harbour (flora and fauna), and the various indicators that would make what could be collectively termed the mauri (life essence) of the harbour.

Clause 29(3) of Schedule 6 of the Covid-19 Recovery (Fast Tract Consenting) Act 2020 (“CRA”) requires that section 6 of the CRA applies instead of section 8 of the RMA. Section 6 of the CRA sets out that in achieving the purpose of the RMA, all persons exercising functions and powers under it must act in a manner that is consistent with the principles of Te Tiriti o Waitangi.

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COVID – 19 (FAST TRACK CONSENTING) ACT 2020 Clause 9 of Schedule 6 outlines the information required in consent applications for listed and referred projects. This includes information about and Treaty settlements that apply in the project area including –

(a) the identification of the relevant provisions in those Treaty settlements, and a

(b) summary of any redress provided by those settlements that affects natural and physical resources relevant to the project or project area.

There are provisions in the relevant Treaty Settlements for the following Iwi:6

(a) Ngāti Kuia

(b) Rangitāne

(c) Ngāti Apa ki te Rā Tō

(d) Ngāti Koata

(e) Ngāti Rārua

(f) Ngāti Toa

(g) Ngāti Tama

(h) Te Ātiawa

It is of note that each of these Iwi settlements include a statutory acknowledgement to the “Te Tau Ihu coastal marine area”. This area extends generally from the White Bluffs – Te Parinui o Whiti in Cloudy Bay, Marlborough around the coastline of Te Tau Ihu to the north and west throughout the Marlborough and Pelorus Sounds around Tasman and Golden Bays, Farewell Spit (Mohua) along the west coast to Kahurangi Point.

This includes Waitohi Awa / Te Weranga o Waitohi, Waitohi / Picton Harbour and Tōtaranui/Queen Charlotte Sound and Kura te Au/Tory Channel.

6 For a more detailed analysis see Appendix V

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Another matter in the COVID–19 (Fast Track Consenting) Act 2020, Schedule 6, Clause 9(5) A consent application must also include –

(a) A cultural impact assessment prepared by or on behalf of the relevant Iwi authority: or

(b) If a cultural impact assessment is not provided, a statement of any reasons given by the relevant Iwi authority for not providing that assessment.

Comment: This Cultural Impact Assessment was prepared in the first instance on behalf of Te Ātiawa o Te Waka-a Māui and prepared as a result of extensive consultation with the Trustees of Te Atiawa o Te Waka-a-Māui Trust and Kaitiaki o Te Taiao staff from Te Ātiawa Manawhenua Ki Te Tau Ihu Trust, and Te Rōpū Manaaki o Te Ātiawa7 over many months only interrupted in part by the COVID–19 lockdown which restricted face to face meetings.

Over this time invitations were made to the other seven Iwi of Te Tau Ihu o te Waka a Māui with five of these choosing not to actively engage with the consultation process. Two Iwi did wish to be engaged. These were Ngāti Kuia and Rangitāne o Wairau. The process of engagement was interrupted by the Covid-19 lockdown and some changes in personnel in the Iwi staff or representatives. Both Rangitāne and Ngāti Kuia have responded indicating these do not wish to waive their rights in the consent process, as well as indicating some of their interests in the rohe generally around the project area. These have been captured in this CIA.

TE ĀTIAWA O TE WAKA-A-MĀUI DEED OF SETTLEMENT 1. Te Ātiawa o Te Waka-a-Māui, Te Ātiawa o Te Waka-a-Māui Trust, and the Crown signed a Deed of Settlement on 21 December 2012. The Deed of Settlement is the full and final settlement of all historical Treaty of Waitangi claims of Te Ātiawa o Te Waka- a-Māui and is made up of a package that includes an agreed historical account, Crown

7 (members of Te Rōpū Manaaki) made up of Trustees, Operational staff, Kaumātua and the Chair of the Waikawa Marae.

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acknowledgements and apology to Te Ātiawa, cultural redress and financial and commercial redress.

2. The Statutory Acknowledgements are set out in Section 5.16 of Deed of Settlement set out the particular cultural, spiritual, historical and traditional association of Te Ātiawa o Te Waka-a-Māui with identified areas. Statutory acknowledgements are designed to enhance the ability of Iwi to participate in RMA 1991 processes.

3. Statutory acknowledgements exist for the Queen Charlotte Sound/Tōtaranui and Islands, ( Deed Plan OTS -202-59) and for the Waitohi Awa and it tributaries (as shown on deed plan OTS-202-73) – see Appendix IV.

TE ĀTIAWA O TE WAKA-A-MĀUI IWI ENVIRONMENTAL MANAGEMENT PLAN 2014 1. The Te Ātiawa Iwi Environmental Management Plan (“IEMP”) is the principle resource management planning document for Te Ātiawa, the rohe in which the project is located It provides the policy framework for Cultural Impact Assessments

1.2 Matters of Particular Importance to Te Ātiawa Ki Te Tau Ihu(Kaupapa)

1.3 The approach this IEMP follows is to identify those matters that are of particular strategic importance to Te Ātiawa as the basis for the management of the resources in Te Ātiawa rohe. The following kaupapa are central to Te Ātiawa tikanga. They are the embodiment of all aspirations for the Iwi. When matters that relate to these kaupapa are being considered in Te Ātiawa rohe, Te Ātiawa should be contacted at the outset.

Kaupapa 1: TINO RANGATIRATANGA (Self-determination: Asserting mana whenua -authority in Te Ātiawa rohe).

Kaupapa 2: Exercising the role as KAITIAKI (guardians).

Kaupapa 3: Sustainable management of WAAHI TAPU (sites of significance; cultural / spiritual sacred places).

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Kaupapa 4: Sustainable management of WAAHI TAONGA (sites of significance; treasured natural resources).

Kaupapa 5: Sustainable management of WHENUA (land).

Kaupapa 6: Sustainable management of TE WAI MĀORI (fresh water management).

Kaupapa 7: Sustainable management of MOANA (sea –coastal / marine area).

Kaupapa 8: Sustainable resource use opportunities for Iwi, HAPŪ, and WHĀNAU

The preparation of this CIA is consistent with objectives and policies for Kaupapa 1 – Tino Rangatiratanga (Section 7.2) and Kaupapa 2 – Kaitiaki (Section 7.3). The CIA recognises the mana whenua mana moana status of Te Ātiawa and enables the Iwi to influence the proposed development of the Waitohi Picton Ferry Terminal and the environs including the Waitohi Awa and Picton Harbour.

The objectives and associated policies for Kaupapa 7 sustainable management of MOANA (sea-coastal marine area) (section 7.8) are also relevant to this CIA.

NEW ZEALAND COASTAL POLICY STATEMENT 2010 The New Zealand Coastal Policy Statement 2010 seeks that management of the coastal environment take account of the principles of the Te Tiriti o Waitangi, recognise the role of Tangata Whenua as kaitiaki and provide for Tangata Whenua involvement in management of the coastal environment. This includes recognising the ongoing and enduring relationship of Tangata Whenua over their lands, rohe and resources, promoting meaningful relationships and interactions between Tangata Whenua and persons exercising functions and powers under the RMA, incorporating mātauranga Māori into sustainable management practices, and recognising and protecting characteristics of the coastal environment that are of special value to Tangata Whenua.

NATIONAL POLICY STATEMENT FOR FRESHWATER MANAGEMENT 2020 The National Policy Statement for Freshwater Management 2020 is relevant when considering applications regarding freshwater, and is an important consideration in relation to the Waitohi Awa. It includes a single overarching objective to ensure that freshwater is managed in a way which prioritises first the health and well-being of water bodies and freshwater

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ecosystems, second, the health needs of people (such as drinking water) and third, the ability of people and communities to provide for their social, economic, and cultural wellbeing, now and in the future.

The NPS confirms the cultural view of Te Ātiawa with regard to te wai māori in the Rohe.

Policy 1 seeks to ensure that freshwater management is undertaken to give effect to Te Mana o te Wai, encompassing six principles relating to the roles of both Tangata Whenua and other New Zealanders, being mana whakahaere, kaitiakitanga, manaakitanga, governance, stewardship and care and respect.

PROPOSED MARLBOROUGH ENVIRONMENT PLAN On 21 February 2020, the PMEP Hearing Panel publicly notified its decision on the PMEP.

Chapter 3 of that Plan – Marlborough’s tangata whenua iwi

Objective 3.1 – The principles of the Treaty of Waitangi/Te Tiriti o Waitangi are taken into account in the exercise of the functions and powers under the Resource Management Act 1991.

Objective 3.2 – A strong relationship between the Council and Marlborough’s tangata whenua iwi in the delivery of outcomes that enables iwi to exercise kaitiakitanga.

Objective 3.3 – Natural and physical resources are managed in a manner that has particular regard to the spiritual and cultural values of Marlborough’s tangata whenua iwi as kaitiaki and respects and enables tikanga Māori.

Objective 3.4 – The cultural and traditional relationship of Marlborough’s tangata whenua iwi with their ancestral lands, water, air, coastal environment, wāhi tapu and other sites and taonga are recognised and provided for.

Objective 3.5 – Opportunities for development on Māori land that meet the needs of the landowners and respects the relationship of Marlborough’s tangata whenua iwi with land, water, significant sites and wāhi tapu.

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Objective 3.6 – Resource management decision making processes that give particular consideration to the cultural and spiritual values of Marlborough’s tangata whenua iwi, and their relationship to lands, water, wāhi tapu and wāhi tapu.

Policy 3.1.1 – Management of natural and physical resources in Marlborough will be carried out by: (a) taking into account the principles of the Treaty of Waitangi/Te Tiriti o Waitangi, including kāwanatanga, rangatiratanga, partnership, active protection of natural resources and spiritual recognition. (b) recognising that the way in which the principles of the Treaty of Waitangi/Te Tiriti o Waitangi will be applied will continue to evolve; (c) promoting awareness and understanding of the Marlborough District Council’s obligations under the Resource Management Act 1991 regarding the principles of the Treaty of Waitangi/Te Tiriti o Waitangi among Council decision makers, staff and the community; (d) recognising that tangata whenua have rights protected by the Treaty of Waitangi/Te Tiriti o Waitangi and that consequently the Resource Management Act 1991 accords iwi a status distinct from that of interest groups and members of the public; and (e) recognising the right of each iwi to define their own preferences through management plans and other documents for the sustainable management of natural and physical resources, where this is not inconsistent with the Resource Management Act 1991. (f) Recognising the right of iwi authorities to invite the Council to enter into Mana Whakahono ā rohe agreements.

Policy 13.16.2 – Recognise and provide continued access to and use of traditional coastal resources in Tory Channel/Kura Te Au and Queen Charlotte Sound/Tōtaranui for Marlborough’s tangata whenua iwi and in particular, recognise the value of Tory Channel/Kura Te Au for Te Atiawa, in terms of the mauri, mana and manaakitanga that this area brings to iwi.

MARLBOROUGH REGIONAL POLICY STATEMENT (RPS) 1995 The RPS 1995 is currently under review. The current RPS provides a community vision and direction for the management of the natural and physical resources of Marlborough, and the replacement RPS is incorporated into the PMEP The RPS recognises the special relationship between council and Iwi. In the PMEP as a result of hui with Marlborough’s Tangata

Whenua Iwi to determine the resource management issues of significance to them. Three distinct groups of issues were identified through this process:

• Spiritual and cultural issues of fundamental importance that relate to Iwi connection to and use of natural and physical resources;

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• Relationship and process issues, including Iwi involvement in decision making; and • Issues of significance or concern for both Iwi and the wider community such as adequate waste management, transport issues, the protection of people and property from natural hazards etc.

MARLBOROUGH SOUNDS RESOURCE MANAGEMENT PLAN The purpose of the MSRMP and the replacement RPS is incorporated into the PMEP is to promote the sustainable management of the natural and physical resources of the Marlborough Sounds area including the coastal environment. Chapter 6 includes objectives and policies relating to Tangata Whenua Heritage along with the PMEP. Note that the PMEP will replace the MSRMP once fully operative.

HISTORICAL CONTEXT FOR TE ĀTIAWA WITH THE PROJECT

This project comes after a long running series of developments of the Waitohi/Picton Port from the first wharf structures at Waitohi from around 1860 and then developments at regular intervals until the present time. To enable the use of this area for wharves and storage areas extensive reclamations took place eventually filling in the Waitohi Lagoon. Waitohi Lagoon was also known as Kaiana Lagoon8. The Kaiana Lagoon was a popular place to gather kaimoana by local Iwi members. The lagoon was the breeding ground for an extensive variety of fish, for example; ihe/garfish/piper, patete/herring, tuna/eel and patiki/flounder. Nearer the Wharf there were kuku/mussels, pipi and kopakopa/a type of purple-shell mussel. The successive developments at and around Waitohi Lagoon resulted in what today is a major port and rail terminal for Te Waipounamu/. With each of these developments there has been considerable changes to the natural environment and the subsequent resources that Māori had enjoyed at the old Waitohi Pā. The shift in 1850 by Te Ātiawa to Waikawa Village recognised that change was coming, however this shift was not without some considerable hardship and duress for the people.

8 Per comms – Mike Taylor, Kaumatua, Te Ātiawa and others

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The lagoon and wharf site like so many traditional mahinga kaimoana suffered the disastrous effects of progress in the form of reclamation.9 It took in an area from Dublin Street to the Waitohi wharf. A part alongside Dublin Street was used for many years as the local Council rubbish dump which created pollution in the form of seepage from the dump. In later years this area was made a part of the Waitohi Domain recreation grounds. Then with the coming of the Interisland ferries in 1961 the rest of Kaiana Lagoon was reclaimed, resulting in the site ceasing to exist. This current proposal should acknowledge those pre-European times even though the changes that have occurred have irreversibly impacted on the natural environment.

THE WAITOHI PURCHASE, 1848-1850 In 1846, Waitohi was identified as the most suitable site for a port for European settlers on the Wairau plain. However, Waitohi was Te Ātiawa’s principal settlement on the mainland, situated at the head of Tōtaranui (Queen Charlotte Sound). Te Ātiawa occupied Waitohi under their chiefs Ropoama Te One, Te Moana and others, and had approximately 90 acres under cultivation. Te Ātiawa understood the benefits of having a European settlement nearby, and suggested Waikawa Bay as the site for the port. But Waikawa Bay was less suitable for a port and town so, in November 1848, the Company pressed for the Waitohi site while suggesting that Te Ātiawa relocate to Waikawa where a town might be established for them. Te Ātiawa rejected this proposal10

9 Taylor, Mike, paper on various reclamation site affecting kaimoana in the Marlborough Sounds around Picton.

10 Deed of Settlement: Documents(2012) Page 14 paragraph 2.38

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Figure 1 Pukapuka a Ruri a te whenua i tikua ai e nga tangata Maori o Waitohi a te Quini Wikitoria 4 Maehe 1850. [Map of the land given by the Maori of Waitohi to Queen Victoria, 4 March 1850] (Signed) M. Richmond, Supt. F D Bell, Resident Agent NZ Land Co. [copy Alexander Turnbull Library, MapColl-834.2gbbd/1850/ Acc.320]

The Te Ātiawa o Te Waka-a-Māui Deed of Settlement confirms Te Ātiawa as the Kaitiaki of Queen Charlotte Sound/Tōtaranui. This means Te Ātiawa has an ancestral right and responsibility to protect and enhance the health of the Sound, including water quality and site of mahinga kai. What must be looked at from the Te Ātiawa perspective is what remains of that environment and how that can most effectively be restored in context. In addition it is important to consider where the adverse effects of this development can be avoided,

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mitigated or remedied. This will start with the Waitohi Awa which remains a key part of this landscape with its catchment extending up to the Robertson Range, Piripiri and Te Tara-o- Te Marama (Mount Freeth) through steep valleys into the town of Waitohi/Picton to discharge through a culvert into Waitohi/Picton Harbour.

The River was associated with the tohi rites which extend from baptismal rites through to the preparation of toa/warriors for battle. These rites in tradition were highly significant involving issues of tapu and noa. The name comes from these tikanga processes. Piripiri is also of high cultural signifcance being the maunga tapu for the people of Waikawa Marae. Piripiri the plant was highly prized by Māori women for its fragrant smell when worn around the neck in a kete. Taku hei Piripiri Taku hei Mokimoki Taku he Tawhiri Taku hei Taramea

My little neck satchel of sweet scented moss My little neck satchel of fragrant fern My little neck satchel of odoriferous gum My sweet smelling neck locket of sharp pointed Taramea.11

WAITOHI PĀ12 In 1845, William Fox13 travelled through the Queen Charlotte Sound on his way to the Wairau. He had chosen a path through the Waitohi Valley that would eventually lead to his destination. Fox travelled up the Sounds until he reached Waitohi. At the head of the bay Fox described a piece of open flat land of approximately one thousand acres in extent, through which flowed a small stream (Waitohi River) The occupants of Waitohi were Ngatiawa (Te Ātiawa) under the chiefs Ropoama Te One, Te Moana and others. The large

11 Marlborough Archives written on goat or pigskin parchment.

12 Te Ātiawa Manawhenua ki te Tau Ihu Trust, Alan Riwaka, NgāHekenga o Te Ātiawa, Waitangi Tribunal Report Wai 607 April 2000, pp 149-154

13 Fox, W, Report of 24 March 1845;The Ninetenth Report of the Court of Directors of the New Zealand Company, 1845, pp 68-72

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cultivations were owned by the locals including those of Ngāti Awa who were living in the Sounds. There were about 80 acres under cultivation.

Oral evidence showed that there were a number of kāinga situated to the East of where the main pā stood. The kāinga were connected to the waka landing place that was established as a Fish Market Reserve in the 1860s. It was also noted that Ngātiawa built European style hostels in the area of the waka landing place.

Figure 2 – Kāinga Lagoon

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Figure 3 - Waitohi Awa looking downstream near the present day township

According to traditional sources the hill immediately to the west of the reserve is a taniwha called ‘Tui Ngarara’ which got stuck in the mud. It had apparently slid there after a major eruption many years ago. The snout of this taniwha is referred to as ‘Te Ihu Moe One’14.

14 Riwaka (Ngā Hekenga o Te Aitiawa - Wai 607 April 2000), p 151

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Figure 4 - Waitohi/Picton and the early wharves with the township developing on the old Waitohi Pā site.

Karewa Taranui gave evidence in the Native Land Court that in 1843, Tōtara logs were taken from the Waitohi Valley for the purpose of erecting a church at Waikanae. Ngāti Hinetuhi and Ngāti Kura were involved in this after receiving a request from Wiremu Te Rangitake. “In 1843, a request from Te Rangitake was made to the Arapaoa people for a ridgepole and rafters for the new church in Waikanae. This resulted in Ngāti Hinetuhi and Ngāti Kura going to Waitohi, where they acquired the ridge pole and some rafters. The task of transporting the ridge pole and rafters across Raukawa Moana was accomplished by lashing them to the sides of the waka for the voyage to Waikanae.”15

15 Otaki Minute Book 11, 26 March 1890, p155 Evidence of Karewa Taranui.

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Figure 5 - Waitohi/Picton and the Waitohi Lagoon- the delta of the Waitohi Awa extreme right - 1895

The Waitohi Awa has a catchment area of 1,818 ha with a significant part still in indigenous forest or bush cover being around 90% (the Marlborough District Council Report, “Water Quality in the Waitohi and Waikawa catchments”16). The fish survey of two upstream sites found a number of Redfin Bullies, Bluegill bullies and longfin eels along with large Koaro. They found the lower Waitohi River, downstream of SH1 bridge, had no fish life at all.17 This reflects the levels of contaminants such as total phosphorous and total nitrogen along with e-coli in the urban areas particularly in times of heavy rainfall.

KAIAUA LAGOON The Kaiaua Lagoon is largely occupied by the Waitohi/Picton Marina, however as a part of Waitohi/Picton Harbour and like Kaiana Lagoon is have similar importance as a mahinga kai as well as being a nursery area for some fish species. Although the area is not part of the project area it could be influenced by the nearby development, eg, dredging work.

16 Marlborough District Council, Steffi Henkel, Water Quality in the Waitohi and Waikawa catchments, May 2018

17 Waitohi Waikawa Stream Characterisation Study; Ibid P16

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EFFECTS ON TANGATA WHENUA VALUES

The environmental and cultural effects of the project are identified in the Assessment of Environmental Effects (AEE) and in this CIA. As such the Cultural Impact Assessment would be somewhat of a living document as the project develops.

MARINE ENVIRONMENT AROUND THE CURRENT FERRY TERMINAL Currently there is no ability to undertake recreational fishing within the commercial project area primarily due to health and safety and operational requirements of the Port. One of the goals for Te Ātiawa is the restoration of the shellfish beds within the bay of Waitohi, thereby retaining customary cultural practices. Kaitiakitanga gives guidance to restoration and conservation policy / practices alongside all activities. Te Ātiawa has an expectation of respect from all applicants / activities, to the health and integrity of the surrounding marine and coastal environment. Te Ātiawa sees the redevelopment of the ferry terminal as further delaying this goal.

The Picton Bays Environmental Information and Health Assessment by Cawthron Institute from 2016 said as follows:

“The most severe damage to marine environmental health in Picton Bays may have been historical input of sediment, which has presumably reduced seabed habitat integrity. Deforestation in the area was widespread; however, the area is now largely vegetated. Degradation of habitat integrity due to reclamation and construction has also been substantial. The very high disturbance from ferry wakes that was occurring late last century has been lessened, although large ferries continue to dictate the habitat zonation of nearshore environments. A range of types of contamination are present, although the worst sources of biological and chemical contamination have been eliminated. Chemical contamination from anti-fouling materials is likely to be reducing over time, but differences in sampling methodology and lack of recent available data make it difficult to identify clear patterns. Past contamination by organic matter was extreme, with raw sewage and freezing works waste causing high levels of enrichment and faecal contamination. These sources of

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pollution have been largely eliminated. Fisheries are much depleted from their historic highly abundant state. Picton Bays, and the Marlborough Sounds generally, are at high risk of new introductions of invasive species18

The current issues for Te Ātiawa involve activities related to enhancing the natural environment both in the coastal marine environment and the environment around rivers and streams.

Mahinga kaimoana (collecting of food from the sea) is a customary traditional practice for the tangata whenua of the rohe. The sharing of kaimoana is Te Ātiawa kawa/custom of showing respect, responsibility, strengthening relationships and consolidating mana. When in abundance, kaimoana is shared with manuhiri (visitors) as a koha (offering of support to an event) e.g. pōwhiri and tangihanga. To be able to present taonga (highly valued) species as kaimoana is a reflection on the rangatiratanga (leadership), kaitiakitanga (guardianship) and manaakitanga (hosting and sharing) of the haukāinga ahi kā roa / local whānau who have always maintained the local fires of the area.

AMENITY IMPACT OF THE BUILDINGS AND INFRASTRUCTURE The design, size and location of the replacement buildings and the wharves are also of particular interest to Te Ātiawa.

The size and design of the new wharves and the degree they extend into the harbour is significant. The wider harbour is extensively used by all manner of shipping including tour boats, water taxi, fishing boats and other leisure craft along with all the commercial shipping including ferries and barges. There needs to be sufficient sea room for all manoeuvring of vessels. The visual impact of the structure is a consideration for Te Ātiawa and to some extent the other Iwi of Te Tau Ihu.

18 Cawthron Institute, EMMA NEWCOMBE, OLIVIA JOHNSTON PICTON BAYS ENVIRONMENTAL INFORMATION AND HEALTH ASSESSMENT, January 2016

http://www.cawthron.org.nz/media_new/publications/pdf/2016_12/CawRpt_2805_- _Picton_Bays_environmental_information_and_health_assessment.pdf

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The design of the buildings is an opportunity to give recognition of Te Ātiawa and the cultural significance of this area. This is a matter for discussion and input from Te Ātiawa in the course of the design. The buildings themselves will be part of what was known traditionally as an ūranga (tauranga waka) or landing place where waka made landing and delivered, manuhiri/visitors, taua or raiding parties at times or heke/migrating people often from Te Ika a Māui, the . This notion of a landing place is culturally significant particularly in this location.

The Te Ātiawa IEMP includes the Kaupapa 1 of Tino Rangatiratanga or asserting mana whenua authority in the rohe and Kaupapa 2, Kaitiaki or exercising the role of customary guardians. Both are relevant considerations in terms of the key relationships of Iwi with the built environment and reflecting the historical association of the site of the development.

The redesign of roading within Waitohi/Picton will also be of considerable interest to Te Ātiawa. Not only are they mana whenua, they are also an integral part of the local community using the roads and other infrastructure on a daily basis.

The Port is also a significant employer for local people including Iwi members. The project will also provide employment for locals and many others over the period of the build and beyond.

In the proposed staged construction a temporary ferry terminal will be established. It will be within the existing project site. This facility will enable the existing terminal buildings and infrastructure to be demolished to allow the construction of the new terminal, wharves and infrastructure such as the railway.

Te Ātiawa as mana whenua take a holistic view of matters such as this project. They wish to view it in the broadest context including matters such as the design and use of the proposed new ferries and their context in the transport of people and goods throughout Aotearoa/New Zealand. Te Ātiawa support the activities such as using the local electricity

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network or internal batteries, while the ferries are in Port minimising air discharges of diesel generators and reducing Port noise, particularly at night19.

The project will have an impact both the local roading network and how traffic is involved in Waitohi/Picton township along with the design of the connection to SH 1. Traffic is a major consideration for Te Ātiawa. It is expected that the traffic volume will grow as a result of the larger ferries. The access for road vehicles from the project would be via Lagoon Road going south with about one third of the traffic going to Waitohi/Picton via Dublin Street.20 There are also reports in progress on the regional effects on Marlborough Roads.

Figure 6 Waitohi Pā - The painting is by William Fox, NZ Company Agent in 1848. (Painting use kindly permitted by the Hocken Collections.)

19 The design of the new ferries will enable their functions in port to be run off batteries eliminating the need to run diesel generators over that time.

20 Picton Ferry Precinct Development – Integrated Transport Assessment – WSP – 15 April 2020

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ROADING/TRANSPORTATION SUMMARY As part of the project design phase, an Integrated Transport Assessment has been prepared by consultants WSP, to understand effects on the roading network expected to result from the project. It has fed into the project design. This assessment identifies current roading capacity, assesses effects from the project and makes recommendations about how to mitigate these effects. It takes into account feedback from Iwi, Marlborough District Council, Waka Kotahi, Marlborough Roads and the wider community received during the consultation phases. An overpass bridge across the railway line at Dublin Street is proposed to mitigate the effects on the transportation network that would otherwise arise from the Dublin Street level crossing. The proposed changes to the roading network in Waitohi/Picton therefore include: • The establishment of an overbridge along Dublin Street, over the railway line and Waitohi Awa; • The establishment of a cul de sac at Market Street, at its intersection with Dublin Street, where the approach to the Dublin Street overbridge is proposed. A pedestrian link will be established beneath the overbridge to connect Market Street to the Waitohi Reserve; • The establishment of a cul de sac on Broadway, at its intersection with Wairau Road, to provide the required track length for enhanced rail operations. Pedestrian and cycle connections through to Wairau Road will be retained. There will be an upgrade to the signals, barriers, pedestrian/cycle crossing, etc at Wairau Road/Broadway. • The Dublin Street overbridge impacts on access for some Auckland Street properties. Options are being considered for revised access to these properties. In addition, Lagoon Road at its Northern end will be realigned within the port area with two of the cement silos being demolished to make space for the road. This is required to provide traffic access for the BlueBridge ferry traffic and other port traffic to loop north of the new arrivals/departures track.

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In parallel with the Waitohi Picton Ferry Terminal Redevelopment Project, Waka Kotahi and KiwiRail are jointly investigating the transport network adjacent to the Port, culminating in the development of a Single Stage Business Case. The transport infrastructure around the Port are the key focus of the Project but consideration is also being given to any improvements necessary to the general transport network in the area. The investigation will also consider how the introduction of the larger ships will affect the traffic and whether further improvements are needed. Key considerations will be the access route to the port, walking and cycling impacts, safety, increased wait times at level crossings and other impacts on journey times, Te Ātiawa is involved with this process

Figure 7 - [Weld, Frederick Aloysius] 1823-1891 :Site of (intended) town of Waitohi (P S now "Picton") Queen Charlottes Sound. 1858. Ref: A-269-001. Alexander Turnbull Library, Wellington, New Zealand. /records/23180925

CONSTRUCTION IMPACTS OF THE WHARVES AND BUILDINGS Effects on the coastal marine area are likely to result from the proposed driving of piles into the seabed, dredging and reclamation works. Te Ātiawa has, in recent years opposed vertical seawalls and other similar structures as they are not recommended in the Sounds for wave protection because of the reflection of waves, acceleration of sand movement due to littoral drift (if any) and their inability to nullify wave energy. Additionally, is the concern of compartmentalising the intertidal area, or creating a barrier to the natural processes or movements of organisms that exist within this zone.

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Cawthron ecologists and Marshall Day acoustic consultants have prepared reports on the potential effects on marine mammals such as dolphins, seals and some whales. Bottlenose dolphin, Hector’s dolphin, dusky dolphin, common dolphin, orca, and New Zealand fur seal are known to utilise Queen Charlotte Sound. A Construction Noise and Vibration Management Plan has been prepared to ensure effects on taonga species are minimised during construction works. Piling in particular has the potential to cause noise and vibration effects on marine mammals.

The building construction is relatively large and close to the coastal marine area however management of stormwater discharges from the site will be carefully managed with the use of rain gardens where possible. The works would not directly affect land that was part of the 1840 land peninsular where the old Waitohi Pā site was located, however the reclamations over the years covered what was known as Te Weranga o Waitohi . The harbour was used extensively by Māori and there may be the possibility of the discovery of traditional items from the old seabed if that were uncovered. Most of the land for the proposed building are on previously reclaimed land and are unlikely to trigger any accidental discovery under the protocol. There may however be some examination by an Iwi monitor of material in land uncovered during physical works, however much of the work would be filling rather than excavation. Involvement from Te Ātiawa representatives is also required to administer tikanga on site.

The values that are of particular importance to Iwi relating to this in terms of the Iwi IEMP include:

• Loss of mahinga kai habitat in the vicinity of the re-development and any impacts that might go beyond the project boundaries;

• Further loss of access to the coastline and foreshore – at an earlier time, even the wharves were able to be accessed for fishing for example;

• Potential for further sedimentation from ferry wash and the like; and

• Exposure of wāhi tapu (including koiwi) as has occurred at Bobs Bay.

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The work on the culverts to convey the Waitohi River could be increased in capacity to convey flood waters and there may be some need to strengthen the culvert boxes. Improvements to the stream would largely be to reduce upstream flooding caused by restrictions of the culvert. Because the River in its lower reaches is largely in an artificial channel and box culvert it will be difficult to improve its quality as part of the indigenous fishery that exists upstream. Consideration has been made in the design to enhance fish passage with respect to the importance of the connection ki uta ki tai, from the mountains to the sea.

SITES OF MĀORI CULTURAL IMPORTANCE AND ARCHAEOLOGICAL SITES

Although there is an inevitable level of overlap, archaeological responsibilities, which are based on Western Science and determined by Crown Statute, are not a substitute for Māori cultural matters, which require unique management by Tangata Whenua Iwi.

There are a large range of Māori sites of cultural importance (many of which do not have archaeological signatures), which include the tangible and the intangible, such as.

• Tangible: Historic remains, middens, urupā, koiwi, important vegetation (e.g. Rongoa - medicinal plants), natural features, water courses, wetlands and the like; and

• Intangible: View-shafts, trails, locations of specific spiritual significance (e.g. ritual sites).

KAITIAKITANGA AND THE PROJECT

Kaitiakitanga or the exercise of guardianship in the Rohe of Te Ātiawa o Te Waka a Māui has been an active duty exercised by Te Ātiawa since arriving at Waitohi, Waikawa, Tōtaranui and Kura Te Au since the early 19th century. These practices have maintained as far as possible culturally important fish numbers, however great pressure has come on these in modern times as commercial, recreational and environmental pressure have grown. The once abundant numbers of fin and shellfish of Waitohi have diminished and now are found more and more remotely from the Waitohi/Picton Harbour.

Kaitiakitanga today is manifest in activities such as the iwi monitoring of elements of projects in the Rohe from active involvement in archaeological field work through to

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monitoring parts of the construction and demolition work where that is necessary. These elements may be reflected in the construction management plan, archaeological investigations and works in the coastal marine areas including the monitoring of the effects of the project on fish and marine mammals. Further monitoring work21 of the cultural health of the Waitohi Awa by Te Ātiawa is necessary as the project moves forward.

Te Ātiawa seeks involvement with work to improve the flood capacity if required and to provide cultural acknowledgment of Waitohi Awa at the mouth along the wharves near the Ferry Terminal.

The Kaitiaki o te Taiao Team for Te Ātiawa Manawhenua ki te Tau Ihu Trust has put forward the concept Net Enduring Restorative Outcomes (NERO) which comes from both Mātauranga Māori and Western Science (refer Appendix VII for more detail on this concept). The Kaitiaki o te Taiao Team sees this proposal as confronting the exercise of kaitiakitanga as the result of a long sequence of changes and decisions on the environment of the Project area. There is little doubt that changes such as historical reclamation in particular have irreversibly affected mahinga kai such as the Kaiana Lagoon.

THE PROPOSED NEW FERRIES

The project is designed to accommodate the iReX programme's proposed new and larger ferries required to transport longer trains. The larger ferries will need a longer wharf structure and some dredging of the harbour and modified infrastructure including elevated gangways.

The new ships for the iReX Programme are 220m long, with a beam of 30.8m, compared to 185m length and 20.5m beam for the Aratere, being the smallest of the existing InterIslander fleet. The current design capacity of each new ship is 1910 passengers, along with 42 rail wagons, 62 trucks and 170 cars.

21 this work would be additional to the work done for the Waitohi and Waikawa Streams Characterisation Study, May 2018, and Water Quality in the Waitohi and Waikawa catchments, Marlborough District Council, May 2018

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A risk assessment is currently being undertaken in relation to ship movements through Kura Te Au/Tory Channel, and the outcome of that will assist with ensuring safe navigation is undertaken. It is intended that each vessel will travel the current National Transportation Route through Kura Te Au/Tory Channel and the inner Queen Charlotte Sound/Tōtaranui, with the use of the northern entrance to Queen Charlotte Sound as required. Aspects like a common passage plan with vessel tracking in the centre of the Tory Channel and managed ship passing, are being considered to enhance navigational safety. Manoeuvring is also proposed to be enhanced generally by using azimuth thrusters and having the ships turn at Mabel Island and reverse into the berth. This provides more space for the turn and a safer navigation route for the ferries and for other vessels in the harbour area. This would also reduce the propulsion and thrust requirements, having associated reduced impacts on seabed disturbance when compared to the current vessels.

Recognising the sensitivity of the coastal environment through the Sounds is important, and the wave energy criteria in the Marlborough planning framework is an integral part of the design requirements for the ships. This has included assessments comparing the new ships against the wave energy created by the Kaitaki as measured. The criteria for the new ships requires the hull be designed to perform better, and thereby have no worse wave generation.

In addition to wave energy, other environmental improvements compared to the existing vessels are proposed, which include the use of battery power from Mabel Island into Port and then from Port back to Mabel Island, the use of shore power when berthed, and the use of domestic grade diesel rather than marine grade. These aspects all assist with reduced air emissions being generated by the new ships and support KiwiRail and InterIslander reaching their carbon reduction targets. In addition to emissions, battery operation, the use of shore power and the propulsion methods proposed to be adopted will assist with a lower noise generation from the ships when coming into shore and when berthed. Interislander has a strict no discharge policy for their ships transiting the Sounds including not using the oily water separator, and this will continue to be adopted for the new ships. The hull coating for the new ships has been specified as being tin-free silicon which reduces harmful effects on marine life in coastal areas, further supporting improved environmental outcomes from the new ships.

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Opportunities exist to link the internal fit-out and appearance of the ships to the terminals through reflecting cultural values. There are also naming opportunities that exist for each of the ships. To date these opportunities have been explored with Te Ātiawa in Picton, with similar engagement programmed to occur in Wellington with the respective Iwi there. KiwiRail is committed to continue to explore these and any other opportunities as they arise over the course of the Project.

KiwiRail has responded to a request from Te Ātiawa to investigate the subsurface wave effects at a number of diving sites in Kura Te Au. KiwiRail and Te Ātiawa, along with Taihoro Nukurangi (NIWA) have planned to take underwater measurements to identify effects on divers and sea life. KiwiRail is also set to begin working with Te Ātiawa on marine simulation work in December 2020.

KURA TE AU (TORY CHANNEL) AND TŌTARANUI (QUEEN CHARLOTTE SOUND) 22

The traditional stories start with the separation of Papatūānuku (the Earth Mother) and Ranginui (Sky Father) by their children lead by Tāne.

One story relevant to the area is the story of Māui who was out fishing with his brothers with his magic fish hook. There are many versions of this story where Māui hauls up a massive fish which became Te Ika a Māui or the North Island with Te Upoko o Te Ika a Māui being the lower North Island. One story has Māui with one foot on Arapaoa.

Next came the Polynesian explorer, Kupe. Many stories of Kupe abound and many of those are connected with Te Kura Te Au and Tōtaranui. The stories of the giant octopus Whekenui sent to pursue Kupe by Muturangi after indiscretions by Kupe. Kupe decided to pursue the wheke and was said to enter Kura Te Au, so name for the red colour of the sea caused by the abundance of krill. Kupe in his waka Matahourua. Kupe finally killed the wheke with a arapaoa (downwards blow) at a place called Whekenui on Arapaoa Island near the entrance to Kura Te Au (Tory Channel). The flash of Kupe’s adze, Te Raku Tu Whenua is immortalised by Te

22 See Appendix III

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uira-Karapa (the lightning flash), the name given to a shiny rock in Kura te Au. Kupe dropped his adze which came to rest on a rock Te Kakau o Te Toki a Kupe (the handle of the adze). This rock has been a favourite fishing spot of mana whenua. Nearby he left two of his companions Komokohua and Amerikiwhati, now islets in Tory Channel. Near Waitohi/Picton is a spring called Te Mimi o Kupe. Other Kupe sites include Ngā Whatu Kaipono (The Brothers) and Te Kupenga a Kupe a reef at the entrance to Tōtaranui near Te Tao nui a Kupe (Cape Jackson).

Te Ātiawa has a strong cultural connection with the two waterways of Kura Te Au and Tōtaranui with many places of significance. Those include wāhi tapu, wāhi tupuna, mahinga mataitai, mahinga kai, pā and kāinga, along these waterways. Various waka including waka taua used these waterways like roads prior to colonisation and later European sailing ships of explorers such as Cook, Bellingshausen and D’Urville, followed by whalers and sealers. In modern times, these waterways see inter-island ferries, Cruise Ships and Log Ships plying these waters as a key transport link for New Zealand.

Te Ātiawa whanau have the kaitiaki role in these waters to maintain the mauri of the waterways. The kaimoana in these waterways has always been a significant food source from the first arrival of Māori/Polynesian tupuna into this area many centuries ago. As almost everywhere in Aotearoa environmental quality had steadily declined, particularly from human activities, Kura te Au and Tōtaranui are no exceptions. The details of the cultural sites and issues are set out in Appendix III. It is noted that there is a traditional connection with many sites with Rangitāne in particular and Ngāti Toa in Kura Te Au at Te Awaiti.

The fishery in Kura Te Au and Tōtaranui is an important one for species such as kina, pāua, kōura along with their all-important habitat including the kelps and algae. Blue cod, butterfish, Moki, Snapper and many other finfish live and breed in the waterways. There have been many reports on this fishery and its cultural significance. There are also the Hector’s dolphins and the various visiting marine mammals including whales. There are also now marine aquaculture activity such as the salmon farms and a significant number of green-lip mussel farms. These activities all make these waterways being generally stretched environmentally.

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The new ships will be larger and potentially faster (although speed restricted) their environmental and cultural impact on the marine and foreshore environment is becoming better known. Their passage is managed closely by Marlborough District Council and other maritime regulatory bodies. However, any cultural (all encompassing within Te Ao Māori) effects are largely beyond this report.

TE ĀTIAWA O TE WAKA-A-MĀUI - QUEEN CHARLOTTE SOUND KAITIAKI – Statement of Association

The coastal marine area in Queen Charlotte Sound is approximately forty-nine kilometres in length from its head at the Grove to the entrance at Cape Jackson. Kura te Au (Tory Channel) is twenty kilometres long and is known as a food basket for Te Ātiawa o Te Waka- a-Māui. Kura te Au and Arapaoa Island are named after the great Māori ancestors Kupe and Te Wheke a Muturangi. Te Ātiawa o Te Waka-a-Māui have several pā sites, papakāinga and burial sites within the Channel. Tidal streams can be very strong through the east entrance to Tory and great care must be taken. At its western end it joins the larger Queen Charlotte Sound, which it meets halfway along the latter's length. Its eastern end meets close to the latter's narrowest point. The many bays within Queen Charlotte Sound vary in depth with headland reefs, cobble fringes, sub-tidal slopes and deep mud flats. The many sheltered bays in Queen Charlotte Sound are valued for scallops, crayfish and green-shell mussels, mainly on the northern side. The kaimoana found within Queen Charlotte Sound is of immense significance to Te Ātiawa o Te Waka-a-Māui, and Te Ātiawa o Te Waka-a-Māui have an obligation as kaitiaki to ensure the kaimoana resources are passed on in a better condition for the next generation.

Tory Channel/Kura te Au is highly valued by Te Ātiawa o Te Waka-a-Māui for its spiritual and cultural associations and long-time association with the area. As well as providing food, work and income, it is a source of tribal identity, mana and pride. Te Ātiawa o Te Waka-a- Māui unextinguished native customary rights over Kura te Au and the privileges bestowed upon the Iwi since the raupatu of this particular significant waterway is still and always will remain in effect. Kura te Au is a highly prized kaimoana source and a nursery garden for shellfish, crustacean, fin-fish species and various seaweed species. A rock formations in

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Tory Channel, opposite Mōioio Island, is known as Te Kakau o te Toki o Kupe (The Handle of Kupe’s Axe), and an especially glittery rock within Kura te Au called Te Uira Karapa (The Lightning) is said to have frozen the flash of Kupe’s axe when it struck Te Wheke a Muturangi. Kura te Au is the kaitiaki of the pā called Mōioio, while on the adjacent mainland is another, Kaihinu. Ngāti Rahiri through their chief Huriwhenua were the kaitiaki of both Mōioio and Kaihinu, and these still remain today under the mantle of Te Ātiawa o Te Waka- a-Māui nui tonu. was a large component of Te Ātiawa o Te Waka-a-Māui history, and was the local economy with principal stations in Tory Channel at Te Awaiti and Jacksons Bay. Whaling and the significance of the whale can be seen in the wharenui at Waikawa. Te Ātiawa o Te Waka-a-Māui witnessed the last harpooning of the great whale from a rowboat at Dieffenbach in Kura te Au.

RANGITĀNE STATEMENT OF COASTAL VALUES

Queen Charlotte Sound and Arapaoa Island contained many Rangitāne pā, kāinga, cultivation sites, tauranga waka and places where kaimoana were caught. Whatamango, near Waikawa (present day Picton) was an important shark fishery, and many platforms for drying sharks could be found there. It was also a renowned source of shellfish. A large and powerful pā named Te Rae-o-te-Karaka dominated this area. This pā was located on a steep headland jutting out into Queen Charlotte Sound between Waikawa and Whatamango Bay.

The Waitohi/Picton recreation reserve, which is a cultural redress site that vests in fee simple for Rangitāne o Wairau. It appears to be outside of the Project area, however it does border Waitohi Awa.

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Rangitāne also have cultural redress properties acknowledged in particular; Momorangi, Ngakuta (both in the Grove Arm), and Endeavour Inlet (off Tōtaranui).

CONCLUSIONS

a. Te Weranga o Waitohi/Waitohi Awa has always been vital to the haukāinga of Waitohi Pā and the associated villages that lay at the base of the present township of Waitohi/Picton and the Ferry terminal. There is high cultural significance for the whole area to Te Ātiawa, including areas that had been reclaimed from Kaiana (Waitohi) Lagoon or from Te Weranga o Waitohi for the Port and Terminal.

b. This project follows nearly 170 years of development of the waterfront at Waitohi/Picton from the early growth of wharves and the eventual Port infrastructure. Te Ātiawa representatives have at times been a part of the processes leading to the development of the whole port area and have held varied roles over the years. Te Ātiawa will play significant part in the design and implementation of this project. Other Iwi in Te Tau Ihu should also play a part alongside Te Atiawa in the whole project should they wish to.

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c. The Waitohi Awa is historically culturally significant, however its natural character and health in the lower reaches changed rapidly from colonisation and particularly with the development of the Port and its infrastructure. As the Waitohi Awa enters Picton it turns to a concrete-lined channel and then into box culverts. It rapidly loses all its natural character to the point it discharges to the harbour. Te Ātiawa seeks that the project makes some improvements to the channel for indigenous fish populations that could provide some positive effects.

d. The relationship between Te Ātiawa and KiwiRail is very important. The design of the new ferries is not a matter in the consenting process, however it is of interest to the mana whenua/mana moana. The environmental and cultural effects of the new ferries whilst in Port or manoeuvring to the berth such as propellor wash, discharges and the like come into consideration.

e. The ferry terminal marks a transition point in journeys by ships containing road and rail vehicles to and from Te Ika a Māui (North Island). These activities do have cultural effects on the marine environment and must be the most efficient they can be for their main purpose in this important area for Te Ātiawa and the other Iwi of Te Tau Ihu o Te Waka a Māui.

RECOMMENDATIONS

The recommendations which follow are a culmination of this dedicated Cultural Impact Assessment (CIA). They are made to ensure that adverse effects on the Rohe are, at the very least, avoided, remedied or mitigated. Much more desirable and expected is responsible action by the Project Partners, so that the project, in the full, delivers net enduring restorative outcomes for the mauri of Te Taiao. This can only occur as a result of respectful engagement with iwi in a collaborative partnership, with a commitment to achieving and deferring to positive cultural outcomes for haukāinga, particularly for kaitiakitanga:

a. All prospective development must align with the kaitiakitanga responsibilities of Te Ātiawa o Te Waka-a-Māui, to address the mauri of the Rohe, including Waitohi /

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Picton Harbour. The whenua which abounds these waterways, along with Te Weranga o Waitohi (the Waitohi River) and the Waitohi catchment at large;

b. Accidental discovery of wāhi tapu and wāhi taonga must be dealt with responsibly and immediately, under the requirements at Appendix II (The Project Partners are reminded of their related Archaeological Authority obligations.);

c. The use of Iwi Monitors will be detailed in The Construction Management Plan, in collaboration with Te Ātiawa, so that particularly culturally sensitive parts of the project, including alterations to the river outlet at the wharf, culverting to enable indigenous fish passage and certain aspects of land-disturbance, can be responsibly addressed.

d. A Memorandum of Understanding (MOU) between Port Marlborough, KiwiRail and Te Ātiawa will be necessary to enable the development of a Cultural Health Index (CHI) for the cultural interpretation of the health of Waitohi ki uta te tai;

e. The overall project (including the ships, the terminal, the landscape containing the project in Waitohi and the Waitohi Awa environs) must enable a range of significant opportunities for cultural expression by Te Ātiawa o Te Waka-a-Māui. (The on-going maintenance of the Māori cultural elements arising from the project must also be factored in);

f. A respectful, enduring collaborative partnership between Te Ātiawa o Te Waka-a- Māui, Port Marlborough and KiwiRail is vital if the mauri of the Rohe is to be progressively enhanced and sustained, to secure net enduring restorative outcomes for Te Taiao and Te Ātiawa haukāinga. This CIA is a formative part of that desirable relationship. However, for this very significant project, the relationship must mature rapidly, to embrace Te Ātiawa Tikanga in the round and to show due recognition to the holder of mana whenua and mana moana and its tinorangatiratanga as the Crown’s partner to Te Tiriti (The Treaty).

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BIBLIOGRAPHY

i. Te Ātiawa Manawhenua ki te Tau Ihu Trust, Alan Riwaka, NgāHekenga o Te Ātiawa, Waitangi Tribunal Report Wai 607 April 2000

ii. Te Ātiawa Manawhenua ki te Tau Ihu Trust and Ministry for the Environment, Waitohi and Waikawa Streams Characterisation Study,

iii. Te Ātiawa o Te Waka-a-Māui Trust and the Crown. Deed of Settlement of Historical Claims, 2012, https://www.govt.nz/treaty-settlement- documents/te-atiawa-o-te-waka-a-Māui/

iv. Te Tau Ihu o te Waka a Māui: Report on Northern South Island Claims, volume 1, 2 &3, Combined Record of Inquiry for the Northern South Island claims Wai 785, 18 Sep 2008

v. Te Ātiawa o Te Waka-a-Māui Trust and Port Marlborough New Zealand Ltd, Deed of Agreement, October 2014

vi. Draft Marlborough Regional Policy Statement, Chapter 3: Resource Management issues of significance to Marlborough’s Tangata Whenua Iwi, June 2014

vii. Dyanna Jolly, Cultural Impact Assessment, Proposed Waikawa Bay marina extension on Te Ātiawa values and interests, April 2016

viii. Te Ātiawa Manawhenua ki te Tau Ihu – Iwi Environmental Plan.

ix. Marlborough District Council, Steffi Henkel, Water Quality in the Waitohi and Waikawa catchments, May 2018

x. https://www.marlborough.govt.nz/your-council/resource- management-policy-and-plans/marlborough-sounds-resource- management-plan/marlborough-sounds-plan-changes/pc21- waikawa-bay-mooring-management-areas-and-marina-zone-extension

xi. https://www.marlborough.govt.nz/your-council/resource- management-policy-and-plans/marlborough-sounds-resource- management-plan

xii. https://www.marlborough.govt.nz/your-council/resource- management-policy-and-plans/proposed-marlborough-environment- plan/decisions-on-the-pmep

xiii. Mitchell, Hilary and John, Te Tau Ihu o te Waka – A history of Māori of Nelson and Marlborough, Volume 1: Te Tangata me te Whenua –The People

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and the Land. Huia Publishers in association with the Wakatu Incorporation, 2004

xiv. Maximise Consultancy Ltd, Management of salmon farming in the Marlborough Sounds, Cultural Impact Assessment, Ministry of Primary Industries, January 2017

xv. Te Atiawa Manawhenua ki te Tau Ihu Trust, Cultural Impact Assessment for New Zealand King Salmon proposals to Board of Inquiry, prepared by Maximise Consultancy Limited August 2012

xvi. David A Armstrong, Iwi Interests in the Marlborough Sounds, History Works, July 2011.

xvii. David A Armstrong, NZ King Salmon Plan Change: Heritage Report in Respect of Proposed Waitata Reach, Port Gore, Tory Channel and Queen Charlotte Sound Salmon Farm Sites, History Works, July 2011

DEEDS OF SETTLEMENT xviii. Rangitāne o Wairau Deed of Settlement, 4 December 2010

xix. Ngāti Toa Rangatira Deed of Settlement,

xx. Ngāti Kuia Deed of Settlement

xxi. Ngāti Apa ki te Rā Tō Deed of Settlement

xxii. Ngāti Koata Deed of Settlement

xxiii. Ngāti Rārua Deed of Settlement

xxiv. Ngāti Tama Deed of Settlement

TREATY SETTLEMENT ACTS xxv. Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014

xxvi. Ngāti Apa ki Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014

xxvii. Ngāti Toa Rangatira Claims Settlement Act 2014

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APPENDIX I – STATEMENTS OF ASSOCIATION

TE ĀTIAWA O TE WAKA-A-MĀUI DEED OF SETTLEMENT: DOCUMENTS SCHEDULE

1.3: STATEMENTS OF ASSOCIATION FOR STATUTORY ACKNOWLEDGEMENTS AND DEEDS OF RECOGNITION

QUEEN CHARLOTTE SOUND I TŌTARANUI AND ISLANDS

Ko Papatuanuku te matua o te tangata

Papatuanuku is the parent of all mankind

Tōtaranui (Queen Charlotte Sound) covers the area from the coastal tip of Arapaoa Island, known as Cape Koamaru, which forms the most northern point, across to the western boundary to the coastal tip of Cape Jackson, the papa tupu of Ngāti Hinetuhi, and then south to Watiura (Mt Oliver), the kāinga tuku iho of Ngāti Rahiri, the most inland point, now known as Anakiwa. From Anakiwa the boundary extends to the southern shore of Ngakuta and then turns northeast taking in Waitohi, Waikawa and Whatamango, along Kura Te Au to the West Head. It then turns across the East Head and along all bays in Arapaoa inside Tbtaranui, including East Bay, the whenua matua of Puketapu and Ngāti Te Whiti, and back to Cape Koamaru.

( Tōtaranui is the anchor of Te Ātiawa o Te Waka-a-Māui identity. Its many wahi tapu, pa sites, mahinga kai and whakapapa to the whenua are of immense cultural significance to Te Ātiawa o Te Waka-a-Māui. The traditions of Te Ātiawa o Te Waka-a-Māui illustrate the physical, cultural, historical and spiritual associations with Tōtaranui.

Tōtaranui is encapsulated by Te Ātiawa o Te Waka-a-Māui contemporary Maori world-view, which is strongly based on traditional cultural beliefs, knowledge, concepts and values. These traditional concepts and values, derived from matauranga Maori, are fundamentally important in the way Te Ātiawa o Te Waka-a-Māui view our relationship with Tōtaranui.

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Tōtaranui holds an important place in Te Ātiawa o Te Waka-a-Māui tribal history, as this location was one of the tribe’s major triumphant battles with the previous occupiers. These particular skirmishes in the early 1800’s gave Te Ātiawa o Te Waka-a-Māui a kaitiaki role throughout Tōtaranui.

The unextinguished native customary rights of Te Ātiawa o Te Waka-a-Māui in Tōtaranui gave our Iwi responsibilities and gives meaning and effect to the customs of kaitiaki, tikanga and manaakitanga. This includes acknowledging the history of the whenua, the moana, the awa, the many various taonga and the tangata and wahi Maori of Tōtaranui. Te Ātiawa o Te Waka- ( a-Māui manaakitanga seeks common ground upon which an affinity and sense of sharing and respect can grow. It is a deep-rooted concept in Te Ātiawa o Te Waka-a-Māui culture.

Te Ātiawa o Te Waka-a-Māui kaitiaki role involves recognising the responsibilities passed down from our tupuna to protect places of significance, such as wahi tapu, natural resources and the many other various taonga within Tōtaranui. It is an obligation of the hapu and whānau who are kaitiaki of the land to look after and protect the physical and spiritual wellbeing of all treasured resources, places and sites of significance.

Besides being a legendary battle ground, Tōtaranui was an important site of a permanent settlement acting as a focal point for food gathering (both whenua and moana). It has consequently played a vital part in Te Ātiawa o Te Waka-a-Māui history as a major arrival and departure point for all those engaged in exploration, trade, warfare and migration.

Te Ātiawa o Te Waka-a-Māui has close ties to both the moana and the whenua of Tōtaranui. For Te Ātiawa o Te Waka-a-Māui, the coastal and marine resources (kaimoana) are regarded as treasures from the sea (Tangaroa). Whales, dolphins and seals were regular visitors to Tōtaranui and are treasured taonga for Te Ātiawa o Te Waka-a-Māui.

Tory Channel

Kura te Au (Tory Channel) is highly valued by Te Ātiawa o Te Waka-a-Māui for its spiritual and cultural associations and long time association with the area. As well as providing food,

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work and income, it is a source of tribal identity, mana and pride. Te Ātiawa o Te Waka-a- Māui unextinguished native customary rights over Kura te Au and the privileges bestowed upon the Iwi since the raupatu of this particular significant waterway is still and always will remain in effect. Kura te Au is a highly prized kaimoana source and a nursery garden for shellfish, crustacean, fish species and various seaweed species.

A rock formation in Tory Channel, opposite Moioio Island, is known as Te Kakau o te Toki o Kupe (The Handle of Kupe’s Axe), and an especially glittery rock within Kura te Au called Te Uira Karapa (The Lightning) is said to have frozen the flash of Kupe’s axe when it struck Te Wheke a Muturangi. Kura te Au is the kaitiaki of the pa called Moioio, while on the adjacent mainland is another, Kaihinu. Ngāti Rahiri through their chief Huriwhenua were the kaitiaki of both Moioio and Kaihinu, and these still remain today under the mantle of Te Ātiawa o Te Waka-a-Māui nui tonu.

Whaling was a large component of Te Ātiawa o Te Waka-a-Māui history, and was the local economy with principal stations in Tory Channel at Te Awaiti and Jacksons Bay. Whaling and the significance of the whale can be seen in the wharenui at Waikawa and the gateway to the Marae. Te Ātiawa o Te Waka-a-Māui witnessed the last harpooning of the great whale from a rowboat at Dieffenbach in Kura te Au.

TORY CHANNEL Kura te Au (Tory Channel) is highly valued by Te Ātiawa o Te Waka-a-Māui for its spiritual and cultural associations and long time association with the area. As well as providing food, work and income, it is a source of tribal identity, mana and pride. Te Ātiawa o Te Waka-a- Māui unextinguished native customary rights over Kura te Au and the privileges bestowed upon the Iwi since the raupatu of this particular significant waterway is still and always will remain in effect. Kura te Au is a highly prized kaimoana source and a nursery garden for shellfish, crustacean, fish species and various seaweed species.

A rock formation in Tory Channel, opposite Moioio Island, is known as Te Kakau o te Toki o Kupe (The Handle of Kupe’s Axe), and an especially glittery rock within Kura te Au called Te Uira Karapa (The Lightning) is said to have frozen the flash of Kupe’s axe when it struck

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Te Wheke a Muturangi. Kura te Au is the kaitiaki of the pa called Moioio, while on the adjacent mainland is another, Kaihinu. Ngāti Rahiri through their chief Huriwhenua were the kaitiaki of both Moioio and Kaihinu, and these still remain today under the mantle of Te Ātiawa o Te Waka-a-Māui nui tonu.

Whaling was a large component of Te Ātiawa o Te Waka-a-Māui history, and was the local economy with principal stations in Tory Channel at Te Awaiti and Jacksons Bay. Whaling and the significance of the whale can be seen in the wharenui at Waikawa and the gateway to the Marae. Te Ātiawa o Te Waka-a-Māui witnessed the last harpooning of the great whale from a rowboat at Dieffenbach in Kura te Au.

There is some evidence to suggest the Treaty of Waitangi may have been signed at Merokihengahenga. According to Reverend Ironside, a pa that belonged to Te Tupe was at Te Awaiti, and he was one of the signatories to the Treaty.

Te Awaiti (the name means “a little river”) is a central iconic bay and Te Ātiawa o Te Waka- a- Māui whānau have maintained ahi ka roa in its purest sense since our arrival to Te Tau Ihu. The sheltered waters of Te Awaiti have the ideal space to haul ashore a reasonable number of waka away from the pounding waters of Te Moana o te Raukawakawa.

Te Awaiti was a large settlement for many Te Ātiawa o Te Waka-a-Māui traveling across Te Tau Ihu and across Te Moana o te Raukawakawa. Te Awaiti was used for whaling and as a meeting place for manuhiri and Crown officials. Te Awaiti was a large working village for Te Ātiawa o Te Waka-a-Māui, and was the main pa site for Te Ātiawa o Te Waka-a-Māui during the raupatu of Te Tau Ihu. Heberley describes seeing human remains, obviously the product of a recent feast, after the invasion of Tōtaranui by Te Ātiawa o Te Waka-a-Māui. Te Awaiti was a central point for whaling and repairs and maintenance of waka and whale boats. A ( Methodist chapel was also built in the early 1800s. Virtually all Te Ātiawa o Te Waka-a-Māui have a link to this bay.

Puponga Point (Breaching Whale), between Te Awaiti and Fishing Bay, was named after one of the Keenan descendants because of the shape of the ridgeline to the shore. There is also a narrative account of a friendly whale guiding waka back to the Kura te Au (Tory Channel).

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The ridgeline contains remnants of the pit dwellers. Te Awaiti has several wahi tapu, wahi taonga and many Te Ātiawa o Te Waka-a-Māui primary ancestors were resident and buried there. Our descendants still maintain the ahi ka roa today as kaitiaki.

Deep Bay (Umukuri) had an abundant supply of oysters. Motukina, a bay within Tory Channel, owes its name to the abundance of kina customarily gathered there. Giant petrels or stinkpots were abundant around the old whaling station, where up to 200 at a time would feed on offal along with the penguin who were regular visitors to Kura te Au.

Hitaua Bay urupa is an important bay because there are several flat areas which were used extensively for smoking (preservation) fish. Missionary Bay, a small cove near Opua Bay, was an inland walking track for Te Ātiawa o Te Waka-a-Māui to the Wairau settlement.

( Te Rua (Yellerton) is where Te Ātiawa o Te Waka-a-Māui obtained the dye from the yellow clay for weaving and carvings. There was also a renowned Te Ātiawa o Te Waka-a-Māui skirmish in this bay. Te Tio/Oyster Bay was a nursery ground for the sea gardens. Cockles and oysters were an important shellfish in the Te Ātiawa o Te Waka-a-Māui diet.

Whekenui and Okukari were large Te Ātiawa o Te Waka-a-Māui settlements, with a population of about one hundred and fifty. Their well-fenced gardens contained potatoes and taro and a large number of pigs. This area has important wahi tapu and wahi taonga. Whekenui is notorious for its fast tidal water and bull kelp.

Te Weu Weu, or Eliza Keenan Bay, near Te Pangu Bay is a tapu area named after a chief who drowned while fishing the area. The kehua (spirit) will sometimes emerge in the form of a shark or wheke as a warning that the tapu still holds.

On the ridge above Onepua Bay is where Te Manutoheroa saved the life of Te Rauparaha. Onepua means blossom or foam of the sea, which refers to the algae blooms that usually start first in this area. At the head of Maretai is a place called Tikimaeroero which refers to the legend of those living on the wilds. Many of these legends can be verified by the middens on the ridges of the Sounds.

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APPENDIX II – DRAFT ACCIDENTAL DISCOVERY PROTOCOL

If any artefact and/or any historical, cultural or archaeological material of Māori origin, or likely to have significance to Māori, is found or uncovered during the undertaking of this project, the following must be complied with: a) Work shall cease immediately, the area secured and any uncovered material must remain untouched; b) Advice of the discovery must be given within 24 hours to: i) Te Ātiawa Trust’s Kaitiaki o te Taiao Office:

Landline: 03 573 5170

Email: [email protected]

To enable appropriate cultural procedures / tikanga to be administered; and ii) Heritage New Zealand / Pouhere Taonga

Landline: 04 472 4341 c) No work shall recommence until: i) Agreement has been reached with Te Ātiawa Manawhenua Ki Te Tau Ihu Trust; and ii) If required, an Authority has been issued by Heritage New Zealand if the find involves an archaeological site.

Note

The people of Te Ātiawa hold mana whenua and have a deep historic association with this area of historic occupation.

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APPENDIX III – DEED PLAN

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APPENDIX IV – A BRIEF TRADITIONAL HISTORY OF TE TAU IHU O TE WAKA A MĀUI

This brief history will help set the context of the proposed re-development of the Waitohi- Picton Ferry Terminal and Waitohi Pā. In writing this I acknowledge and reference the work of Hilary and John Mitchell and the Five volumes of Te Tau Ihu o Te Waka, A History of Maori of Nelson and Marlborough. These volumes should be referenced for a much more comprehensive History of the Region. Also cited is: Hilary Mitchell and John Mitchell, 'Te Tau Ihu tribes', Te Ara - the Encyclopedia of New Zealand, http://www.TeAra.govt.nz/en/te-tau-ihu-tribes

There are now eight tribes in Te Tau Ihu (Nelson – Marlborough):

• Ngāti Kuia, Rangitāne and Ngāti Apa – Kurahaupo waka

• Ngāti Koata, Ngāti Rārua and Ngāti Toa – Tainui waka

• Ngāti Tama and Te Ātiawa – Taranaki

The area of Te Tau Ihu generally was determined by a boundary line established in the Maori Land Court and published in the Waitangi Tribunal Report in 1991. That line to the east starts from the White Bluffs (Te Parinui o Whiti) in a line generally to the south west to the Spnser Mountains and thence in a north north westerly direction to Kahurangi Point.

This history will start with Toi who was the grandfather of Whatonga. Whatonga was from the Bay of Plenty having migrated from Hawaiki. Prior to them was the demigod Māui who from his waka fished up Te Ika a Māui – the North Island. Māui is a figure not only in Aotearoa but also across Polynesia. Whatonga with his sons Taraika and Tautoki came south from Hawke’s Bay to Wellington where the half brothers established themselves forming Ngāi Tara and Tautoki being the tupuna of Rangitāne.

Ngāti Kuia of the Kurahaupo waka came south first to Tai Tapu and Mohua or Golden Bay very early with their connections to Ngāti Mamoe, Ngāti Wairangi, Ngāti Kopia, Ngāti Tumatakokiri and Ngāi Tara. Through Kurahaupo waka they connect to Rangitāne and Ngāti Apa.

Although there are various versions of this whakapapa this was used by the Mitchells and the likes of Jock McEwen.

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Ngāti Apa were later to follow Ngāti Kuia, however in their case from the Rangitikei, and later to follow was Rangitāne from the Manawatu via the Wairarapa came to Te Tau Ihu.

In the 15th century Ngāti Kuia moved to Pelorus, Rangitoto (D’Urville Island) and to the eastern Tasman Bay.

In the 16th century Ngāti Mamoe came across the Moana o Raukawakawa (Cook Strait) to the Marlborough Sounds and Wairau. Ngāti Tūmatakōkiri came to Arapaoa Island from Taupo and Whanganui. They were to hold sway in an area from north eastern Tasman Bay to Onetahua (Farewell Spit) for some two centuries eventually intermarrying and being conquered by Ngāi Tahu, Ngāti Kuia and Rangitāne and Ngāti Tūmatakōkiri ceased to be a recognised tribe today.

Rangitāne came from the Wairarapa to Wairau, the Marlborough Sounds and Awatere. Their chief was Te Hautaki.

THE EIGHT TRIBES OF TE TAU IHU TODAY

KURAHAUPO IWI Ngāti Kuia is the oldest of the tribes in Te Tau Ihu. Ngāti Kuia descend from three ancestors who disembarked from the Kurahaupo at Te Tai Tapu in north-west Nelson as the waka circumnavigated Aotearoa upon arrival from Hawaiki in the thirteenth or fourteenth century. Kuia migrated eastwards and eventually established settlements in the Pelorus Valley and Sound, at D'Urville Island and along the eastern coast of Tasman Bay.23 Although the Marlborough Sounds do not appear to be a primary interest for Ngāti Kuia, they are of interest generally in Te Tau Ihu.

Rangitāne o Wairau’s interests extend from the Waiau-toa – Clarence River north to Wairau and west and north to Cape Lambert, north-west of d’Urville Island and includes traditional interests in the Marlborough Sounds. Rangitāne remain closely connected to the Kurahaupo tribes of Ngāti Apa and Ngāti Kuia.

23 http://www.theprow.org.nz/maori/the-tangata-whenua-tribes-of-te-tau-ihu/#.XtbLtsBS9UQ

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Those Ngāti Apa who went south came to be known as Ngāti Apa ki te Rā Tō - Ngāti Apa of the Setting Sun. Other Kurahaupō Iwi – Rangitāne and Ngāti Kuia – also made the journey south. Te Tau Ihu was at the time occupied by other Iwi (Ngāti Tumatakōkiri, Ngāti Mamoe and others), but some time around 1800 the Kurahaupō Iwi combined in a pincer movement with Ngāi Tahu from the south to comprehensively defeat these Iwi.

Ngāti Apa ki te Rā Tō have a broad area of interest in Te Tau Ihu, however in the Marlborough Sounds the interest go back to early occupation of the outer sounds. There is broad and overlapping interest with the Kurahaupo Iwi.

TAINUI IWI Toa, Koata and Rārua, had been forced to abandon their lands around Kawhia Harbour in 1821 by their better-armed Tainui cousins, Waikato and Ngāti Maniapoto. After a ten-month stay in north Taranaki with relatives (Ngāti Tama, Ngāti Mutunga and Te Ātiawa), which was spent planting and harvesting crops, hunting, fishing and preserving foods, the Toa chief, Te Rauparaha, led Te Heke Tataramoa down the west coast of the North Island. This was named the Bramble Bush Expedition, because of the difficulties of the journey. The Kawhia tribes and contingents of Tama, Mutunga and Ātiawa conquered and occupied the districts of Rangitikei, Manawatu, Horowhenua, Otaki, Kapiti, Porirua and Whanganui-a-Tara (Wellington).24

After establishing themselves there, the allies (minus Mutunga who had migrated to the Chathams) turned their attention to the South Island to exact utu on Kurahaupo who had challenged them at Kapiti, and to avenge insults. Between 1828 and 1832, war parties conquered Te Tau Ihu (Nelson-Marlborough), and as far south as Kaiapoi and Okarito. Iwi subsequently agreed on the division of lands. Toa and some Rārua occupied the Wairau, Port Underwood, and northern Kaikoura Coast. Ātiawa spread throughout Queen Charlotte Sound and Tory Channel. Koata settled at Rangitoto (D'Urville Island), the Croisilles and outer Pelorus, while Toa stayed in Pelorus Valley and the inner Sound. Tama got Wakapuaka

24 ibid

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and Rārua, Ātiawa and some Tama occupied Motueka, Mohua and Te Tai Tapu (on the west coast south of Farewell Spit). Those Kurahaupo who survived were enslaved or withdrew to inland hiding places.

Ngāti Toa have expressed a broad interest in Te Tau Ihu o Te Waka including areas within the Ngai Tahi takiwa. They have base at Wairau and are managed from Takapuwahia at Porirua.

Ngāti Rārua have interest that extend north from the Kawtiri (Buller) River extending in the west to Tai Tapu on the west coast of Golden Bay and through to Nelson.

Ngāti Koata extend broadly with a strong interest at Rangitoto ki te Tonga/d’Urville Island through Wakatu/Nelson and broadly in Te Tau Ihu.

TE ĀTIAWA AND NGĀTI TAMA – TARANAKI IWI Te Ātiawa spread throughout the Marlborough Sounds including Queen Charlotte Sound and Tory Channel with a strong whānau base in the Waikawa Maori Village after the move from Waitohi.

NGĀTI TAMA Around 1820 an alliance of Tainui and Taranaki tribes, including some Ngāti Tama under their paramount chief Te Pūoho ki te Rangi, participated in a raid to Te Upoko o Te Ika (southern North Island). By the mid-1820s these tribes had established themselves at Kāpiti Island and on the mainland east and south to Cook Strait. Relationships based on trade, service provision, and marriage, were established with whalers.

Eventually, the Tainui and Taranaki alliance crossed Cook Strait to Te Tauihu o te Waka a Māui. Te Pūoho ki Te Rangi, other Ngāti Tama chiefs, and rangatira from other Iwi led the conquest of western Te Tauihu. After the conquest members of the Tainui and Taranaki alliance, including Ngāti Tama, established permanent communities in the northern South Island.25

25 https://ngatitama.nz/ngati_tama/our-history/

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Ngāti Tama established pa and kāinga at several localities in Te Tauihu and at some places in northern Te Tai Poutini (Westland). In Te Tauihu, Ngāti Tama’s main pā were at Wakapuaka (near Nelson) and at Wainui, Takaka, Tukurua and Parapara in Mohua (Golden Bay). Ngāti Tama used the rich resources available in the districts, including flora, fauna, minerals and kaimoana. Te Puoho revisited Te Upoko o Te Ika (and Taranaki) to maintain rangatiratanga within northern Ngāti Tama communities, and to attend to his land interests.

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APPENDIX V – CULTURAL SIGNIFICANCE OF KURA TE AU (TORY CHANNEL) AND TŌTARANUI (QUEEN CHARLOTTE SOUND

INTRODUCTION Te Atiawa o Te Waka a Māui Trust have sought to broaden the scope of the Cultural Impact Assessment for the Waitohi – Picton Ferry Terminal Re-Development to cover the ferry routes from Te Moana o Raukawakawa (Cook Strait) through Kura Te Au (Tory Channel) and Tōtaranui (Queen Charlotte Sound from Dieffenbach Point to Waitohi (Picton). It is noted that the northern entrance can also be used with the route being along Tōtaranui (Queen Charlotte Sound).

KiwiRail (and other) ferries use of the National Transportation Route is a permitted activity within the Marlborough Sounds, subject to speed restrictions. They provide a very important link between the North and South Islands for people, private vehicles and well as for the very important freight link via trucking or by rail. Tory channel and the inner Queen Charlotte Sound comprise a transportation route of national significance. The new ships will be some 220 metres long compared with the Kaitaki at 180 metres. The ships will be designed to reduce carbon emissions.

In relation to the speed of the ferries, it is noted that the ships are in the design phase, however the design brief for the Naval Architect is to ensure that wake created at the designated speed will be within the conditions of the wave energy criteria in the Council’s planning documents.

This Appendix will not review the long and complex history of the various Iwi of Te Tau Ihu o Te Waka, however it is noted that the Waitangi Tribunal has found that despite their defeat and subjugation, the Kurahaupo tribes [Rangitāne, Ngāti Kuia, and Ngāti Apa] remained on the land and retained customary rights.

CULTURAL SIGNIFICANCE OF KURA TE AU (TORY CHANNEL) Kura Te Au is bounded to the north by Arapaoa (Arapawa Island) which has had historical connections for Rangitāne, of Kurahaupo Waka and Te Atiawa (Taranaki) and Ngāti Toa of Kawhia and the mainland on the opposite side. Much of these Iwi interests had been set out in Volume 1 of the Waitangi Tribunal’s 2008 Te Tau Ihu o te

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Waka a Māui Report on Northern South Island Claims. I have also relied on Hilary and John Mitchell’s Te Tau Ihu o Te Waka, A History of Maori of Nelson and Marlborough, Volume 1: Te Tangata me Te Whenua – The People and the Land.

There are cultural sites along Kura Te Au associated with various tribes however much of the kaitiaki role today is maintained by Te Ātiawa and Rangitāne.

Kura te Au and Tōtaranui have approximately 300 recorded sites on the Archsite (New Zealand Archaeological Association, 2016).

Katoa Point is vested in the Te Ātiawa o Te Waka a Māui Trust (NZ Legislation, 2014); the reserve is named Te Ātiawa Kura te Au Scenic Reserve (deed plan OTS-202- 127).

Moioio Island vested in Te Ātiawa o Te Waka a Māui Trust lies just out from Erie Bay (deeds plan OTS-202-19)

A rock formation in Tory Channel, opposite Moioio Island, is known as Te Kakau o te Toki o Kupe (the handle of Kupe’s axe) and an especially glittery rock within Kupe te Au called Uira Karapa (the lightening) is said to have frozen the flash of Kupe’s Axe when it struck Te Wheke o Muturangi.26 Kura te Au is the kaitiaki of the pā called Moioio, while on the adjacent mainland in another , Kaihinu. Ngāti Rahiri, through their chief Huriwhenua, were the kaitiaki of both Moioio and Kainui, and these are still under the mantle of Te Ātiawa o Te Waka-a-Māui (Ministry of Justice, 2012 p 14)

Whaling was a large component of Te Ātiawa o Te Waka-a-Māui history, and was a significant part of the local economy with the principal stations in Tory Channel at Te Awaiti and Jacksons Bay. Whaling and the significance of the whale can be seen at the Waikawa Marae.

26 Maximize Consultancy, Management of salmon farming in the Marlborough Sounds, Cultural Impact Assessment, Ministry for Primary Industries, January 2017

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Te Ātiawa o Te Waka-a-Māui Iwi Environmental Management Plan has classified Kura Te Au – Tory Channel and the adjacent environs as their “Tino taonga- principal treasures.”

BRIEF SUMMARY OF ARCHAEOLOGICAL SITES Ruaomoko Point – Arapaoa Island midden, oven

Dieffenbach Point – Tory Channel, Two Māori sites. Pit, terrace, stone flakes.

Ngamahau Bay – Arapaoa Island. Flaked stone, urupa

Moioio Island – Tory Channel, urupa

Te Awaiti – Tory Channel, wāhi tapu, urupa and archaeological remains, also whaling stations, heritage site.

Kaihinu Point, - Tory Channel, Pā site

THE CULTURAL SIGNIFICANCE OF TŌTARANUI – QUEEN CHARLOTTE SOUND Te Ātiawa o Te Waka-a-Māui IEMP has classified Tōtaranui – Queen Charlotte Sound and the adjacent environs as their “Tino taonga- principal treasures.” Te Ātiawa have been awarded interests (through settlement) in the Queen Charlotte forest that borders Kura Te Au near Oyster Bay (OTS-202-22).

Rangitāne note “Queen Charlotte Sound and Arapaoa Island contained many Rangitāne pā, kāinga, culivation sites, tauranga waka and places where kaimoana were caught.”(Ministry of Justice a, 2010, p 24).

Ngāti Toa Rangatira were awarded Tōtaranui/Queen Charlotte forestry interests but not along the Kura Te Au foreshore.

Kaitapeha – Kaitapeha Bay, Arapaoa Island

Americawhaiti Island - Tōtaranui

Honomai, Blackwood Bay (Tahuahua Bay) Pa Site

Clay Point – Bay of Many Coves, Pā site

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Curious Cove, Kahikatea Bay, Pā site, urupa

Kumutoto – Pā site

Little Waikawa Bay – Pā/kāinga

Te Rae-o-te Karaka, Karaka Point – major Pā site, pit complex and fosse

Wharehunga Bay – Pā site, mahingakai

Whatamango Bay – kāinga

RAUKURA CONSULTANTS PAGE 66 APPENDIX VI – SHIPS TRAVELLING THROUGH THE ROHE Ships (bigger ships) travelling through the Rohe Implications for Te Ātiawa Tikanga – Whakaaro Māori Area Te Ātiawa Tikanga - Concerns re Te Taiao Opportunities to Comments values and practices exercise positive kaitiakitanga Raukawa Moana Ngā Kōrero Tuku Iho -Pressures on te Taiao and -Te Ātiawa kōrero included -Te Ara o ngā tupuna. (This (Cook Strait) - Kupe & Te Wheke ā disturbance to its healthful on ship for passenger/staff is where we have lived, Muturangi – naming the land, balance in the vicinity of the information – history, place continue to live and we will laying the footprint -Te Moana entrance to Kura Te Au; names, tikanga, future be here for ever. We are not o Raukawakawa, Arapaoa, threats to taonga species; aspirations … going anywhere.) Kura Te Au … whales, dolphins, shags, et al: -Air quality gains. -Te Ātiawa traditional Te Ātiawa Waka Migration coastal marine area. - ngā hekenga o Te Ātiawa – * Sea bird roosting and -Operational noise past, present and future flight. reduction. -Area of customary practice. travels, mana whenua/mana moana. * Entry and exit of marine -Quicker journeys. -Area of taonga marine species - migration. species. -All are a kōrero to live by and uphold (not to delegate to the *Wake disturbances -Some positive changes. history books). And, *Noise and vibration in the water-column. -Tikanga: Ritual requirements’; entry and exit

RAUKURA CONSULTANTS PAGE 67 to Kura Te Au from Raukawa -Impacts and effects of ships Moana – tapu / noa. on these practices, the environment which sustains -Entry: A guide – a kaitiaki will these and the Iwi who guide and provide ‘safe maintain them. passage’.

-Exit: Covering the eyes, so as not look at the Brothers Islands.

-Customary access / fishing threats.

-Mindful of the domain of Tangaroa ki tai.

-Migratory route for people travelling by waka.

Kura Te Au (Tory Mana whenua/mana moana -Disturbance of kelp-bed -Air quality gains. -Wāhi tupuna. Channel) - entry/welcome into our habitat. waters, honour and -Operational noise -Te Ara o ngā tupuna - ahi- responsibility to host / care -Mobilization of bottom reduction. kā-roa for manuhiri. fines into the water column; vessels with large -Quicker journeys. -Entering the Rohe - domain Te Wāhi a Tangaroa displacement and these - of Te Ātiawa o Te Waka-a- - above and below the vessels also passing each Maui. water – a waka and a sea- other. -Traditional area of interest:

RAUKURA CONSULTANTS PAGE 68 faring people; salt water is -Habitat under threat in our DNA! (water-column noise / water *A traditional area of displacement). occupation – hapū / whānau. Manaakitanga (Te Ātiawa, Hitaua Bay, - Ko tō Te Ātiawa ko tahuaroa -Taonga species under Okaukari Pā) Tahuaroa is most prized kai duress from the passage of provided as manaakitanga by ships, which includes the *The traditional marine haukāinga to manuhiri. intertidal area. corridor & passage for - Te Ātiawa of this rohe are taonga marine species. world renown for our -Accident potential (sinking) kaimoana: profound contaminant risk. *Raupatu pathway. * kina, *Traditional Te Ātiawa main * pāua, highway. * kōura, * kuku, *Te Ātiawa continually * tūere monitors this waterway today in environmental - an intergenerational essence of our Iwi identity, he tukunga management. iho, upholds Iwi mana. *Kura Te Au is named Again, practices to uphold and because of the red colour of live by from past, to present, the sea due to the many and on to future generations. plankton and crustacean krill. -A Taonga and Food Basket; *It is where Kupe killed the kaimoana – a ‘marine garden’; this status is degraded / giant wheke and the blood threatened. ran through the channel.

RAUKURA CONSULTANTS PAGE 69 -Important cultural sites *Outcomes run against the threatened by ship-wash. cultural responsibilities of Te Ātiawa as kaitiaki. - Customary practices; gathering/fishing under threat.

-Safe access to important and threatened cultural sites? Tōtaranui (Queen Whenua Tuku Iho -Wake issues in the intertidal -Air quality gains -Wāhi tupuna. Charlotte Sound) -Our places of settlement, area. -Te Ara o ngā tūpuna. significant sites. -Operational noise Fairway -Taonga species, birds -Important cultural sites included, sharing the fairway reduction. -Entering the domain of Te threatened by ship-wash. with ships; species other Ātiawa o te Waka-a-Maui. -Quicker journeys. -Customary practices; than humans also traditionally use this fairway -Traditional area of interest gathering/fishing, etc. and occupation. -Safe access interrupted to -Accident potential (sinking) mahinga kai and sites of profound contaminant risk. -The traditional marine cultural significance. corridor and passage for taonga marine species.

Waitohi (Picton) -Another ‘marine garden’. -Degraded function / habitat -Air quality gains. - Wāhi tupuna. Harbour loss. -Tikanga ritual -Operational noise -An area of traditional acknowledgement. -Water column bottom silt reduction. occupation, marine habitat -Entry and exit. mobilized from high energy and customary practice. vessel movements. -Quicker journeys -Pepeha moana. -Intertidal disturbances.

RAUKURA CONSULTANTS PAGE 70 -Tauranga waka, mahinga -Erosion of cultural sites (e.g. kai. Bobs Bay). -Area of taonga species. -Major excavation aspirations and consequent - (Mabel Island): adverse outcomes. “…Tukurehu, said to mean the "Floating Mist" (the latter needs checking) … -Accident potential (sinking) When we were kids we used profound contaminant risk. to row out to the island, and there were a lot of Arum Lilies growing on there, and these are usually associated with Urupa.” (M Taylor, 2019 pers. Comm., 1 Feb) -Outcomes run against the cultural responsibilities of Te Ātiawa as kaitiaki. Waitohi Harbour -Waka Landing sites. -Degraded function / habitat -Restoration opportunities / - Wāhi tupuna. Foreshore loss; impacts on birds, shell- options? -Sensitive cultural sites. fish, etc. -An area of traditional occupation, marine habitat -Pepeha whenua. -Major excavation and customary practice. aspirations and consequent Progressive degradation is a adverse outcomes. -Tauranga waka, mahinga cultural insult. kai/taonga. -Accident potential (sinking) profound contaminant risk.

RAUKURA CONSULTANTS PAGE 71 -Ancestral recognition to Te Ātiawa manawhenua / moana.

-Area of taonga species.

-Outcomes run against the cultural responsibilities of Te Ātiawa as kaitiaki. Waitohi Awa -Traditional area. -Totally degraded; severance -Obvious opportunities to - Wāhi Tapu. of the bond between the heal the link between the -Significant whakapapa / area awa and Tangaroa – a Waitohi Awa and Waitohi -An area of occupation and of traditional ritual – a taonga weeping, festering, cultural Harbour. customary practice, mahinga and much more. sore. kai.

-Kai gathering area. -Degraded function / habitat -Ancestral recognition to Te loss. Ātiawa manawhenua / moana.

-Area of taonga species.

Waitohi -Area of traditional -Reduced access to cultural -Restoration - Wāhi Tapu. Catchment occupation sites, consequent upon opportunities/options. infrastructure. -An area of occupation and -Gardens. customary practice, mahinga kai. -Harvest/gathering. -Ancestral recognition to Te -Sensitive cultural sites, Ātiawa manawhenua / including urupā. moana.

RAUKURA CONSULTANTS PAGE 72 -Waharoa ki Te Tauihu.

Te Rōpū Manaaki – May 2020

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APPENDIX VII – NET ENDURING RESTORATIVE OUTCOMES

Net Enduring Restorative Outcomes (NERO) defined The Kaitiaki o te Taiao Team (the KT Team) for Te Ātiawa Manawhenua Ki Te Tau Ihu Trust understands/is advised, from the current findings of Mātauranga Māori and Western science, that the natural world, which includes the socio-cultural world of the human species, is being progressively degraded by unwise human activity/behaviour. (Climate change impacts are an overt expression/symptom of this continuing process, as is the widening gap in wealth-equity between Haves and Have-nots in Aotearoa.). This situation, which adversely confronts the exercise of kaitiakitanga (the role of the KT Team in supporting the cultural responsibilities of Te Atiawa Whānau), has arisen as a consequence of a long sequence of human decisions/actions that have enabled collective, unsustainable change. We have reached a point at which it is clear that human survival is at stake (also noting that this outcome has meant the extinction of many other species). To halt and reverse this unacceptable outcome, all decisions/actions that deliver change must improve our current situation – be restorative. The changes must also endure if they are to be meaningfully contributory. Change is mostly multi-factorial in its implications. So, for the aggregated elements of any particular change, e.g. housing development, the net outcome of those collective elements of change must be positive/restorative. Accordingly, the KT Team, in undertaking its day to day mahi, in evaluating and responding responsibly to proposals for change27 and their related implications for Te Taiao, is seeking that resulting change(s) delivers:

Net Enduring Restorative Outcomes.

27 A proposal for prospective change is not about growth, development, progress or any other inherently flawed and deceptively positive notion, it is simply about a proposal for 'change' and needs to be exhaustively evaluated and progressed in that context, with precaution consciously applied to decision-making, where there is inadequate information/doubt.

What sort of change might there be, negative, positive or no change at all? In today's known collapsing natural / social world, there is no defensible choice other than supporting action that enables 'Net Enduring Restorative Outcomes', with a view to ultimately achieving a regenerative state. (KT Team – 2020)

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Incremental Definitions (Lexico on-line Dictionary: https://www.lexico.com/) NET: Remaining after all factors have been taken into account; overall. ENDURING: Lasting over a period of time; durable. RESTORATIVE: Having the ability to restore health, strength, or well-being. OUTCOME(S): The way a thing turns out; a consequence.

1 A proposal for prospective change is not about growth, development, progress or any other inherently flawed and deceptively positive notion, it is simply about a proposal for 'change' and needs to be exhaustively evaluated and progressed in that context, with precaution consciously applied to decision-making, where there is inadequate information/doubt. What sort of change might there be, negative, positive or no change at all? In today's known collapsing natural / social world, there is no defensible choice other than supporting action that enables 'Net Enduring Restorative Outcomes', with a view to ultimately achieving a regenerative state. (KT Team – 2020)

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