RIVER REHABILITATION CULTURAL IMPACT ASSESSMENT REPORT. An assessment of effects on Ngāi Tūāhuriri and Ngāi Tahu Values.

Kaiapoi and Cam River circa 1959

Prepared for Mahaanui Kurataio Limited on behalf of Te Ngāi Tūāhuriri Rūnanga.

May 2017.

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INTELLECTUAL PROPERTY. The cultural information in this Cultural Impact Assessment report is the intellectual property of Joseph Hullen, Ngāi Tūāhuriri and Ngāi Tahu whānui and/or Te Ngāi Tūāhuriri Rūnanga and Te Rūnanga o Ngāi Tahu. Cultural information in this report therefore is to be used only for the purposes of the design of the “Kaiapoi River Rehabilitation including all associated resource consent applications. Use of this report by the requiring authority or any other party in any other circumstances (e.g. subsequent resource consent applications for other projects) shall be with the written approval of Joseph Hullen, Te Ngāi Tūāhuriri Rūnanga and Te Rūnanga o Ngāi Tahu.

AFFECTED PARTY ENDORSEMENT. The Kaiapoi River Rehabilitation Cultural Impact Assessment has been prepared by Joseph Hullen (Ngāi Tūāhuriri) on behalf of Ngāi Tūāhuriri and Ngāi Tahu whānui. This document has been prepared to identify and explain related cultural values, practices, policies and recommendations so that they can recognised and provided for, as per the obligations contained within relevant Acts of Parliament, Local Government plans and policies, rules and regulations. The recommendations in this report were initially endorsed by way of a motion moved and seconded, accepted and recorded in the minutes of the General Meeting of Te Ngāi Tūāhuriri Rūnanga held on the 7 th day of May 2017 at Tuahiwi Marae.

Joseph Hullen For and on behalf of Te Ngāi Tūāhuriri Rūnanga.

Disclaimer and Limitation: Although the author has made every effort to ensure that the information in this report was correct at this time, the author does not assume and hereby disclaim any liability to any party for any loss, damage or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.

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CONTENTS. page. 4 INTRODUCTION. 11 OBJECTIVES. 11 METHODOLOGY. 12 KEY AFFECTED PARTIES IN TERMS OF CULTURAL MATTERS. 14 CONSULTATION WITH AFFECTED PARTIES Te Ngāi Tūāhuriri Rūnanga. Te Rūnanga o Ngāi Tahu. Heritage Pouhere Taonga. 15 CULTURAL IDENTITY. 16 EFFECTS ON SIGNIFICANT SITES AND NATURAL RESOURCES. Wāhi Taonga. Wāhi Tapu/Urupā. Mahinga Kai. Water. 29 CULTURAL VALUES TO CONSIDER. Whakapapa. Rangatiratanga. Taonga. Kaitiakitanga. Mauri. Manaakitanga. Mahinga Kai. Wāhi Tapu/Wāhi Taonga and Urupā. 34 LEGISLATION TO CONSIER. Resource Management Act 1991. Canterbury Regional Policy Statement. (RPS) Proposed Cante rbury Natural Resources Regional Plan. (NRRP) 38 REFERENCES AND SOURCE INFORMATION 41 SUMMARY 42 RECOMMENDATIONS 44 APPENDIX A. Map of the proposed project area. 47 APPENDIX B. Map of NZAA sites. 48 APPENDIX C. Summary of Te Rūnanga o Ngāi Tahu Freshwater Policy. 49 APPENDIX D. Te Tiriti o Waitangi. 50 APPENDIX E. Archaeological Sites Protocol. 51 APPENDIX F. Wāhi Tapu/Wāhi Taonga and Urupā Protocol. 52 APPENDIX G. Ngāi Tahu Taonga Plant Species List.

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INTRODUCTION.

“The catchment and the Kaiapoi River itself have dramatically changed since European settlement. Large swamps were dewatered by an extensive drainage network. Swamp drainage began in the 1850s, and in 1929 the Eyre River was diverted to the (then called the Courtenay) and the Cust River into the Cust Main Drain which now flows into the Kaiapoi River. The Waimakariri River was channelized in the 1930s removing a complex of islands and channels. Extensive stopbanks, over the lower 40 km of the Waimakariri River, cut off the Waimakariri South Branch and the North Branch which became the Kaiapoi River, thus establishing the present drainage pattern. With the realignment of the lower Waimakariri River into a single channel, the remnant secondary channels were isolated to form the present day Kaikainui and Courtenay streams. The historic island near the present day Kaiapoi mouth became the right bank of the Kaiapoi River.

The 1960 Scheme was an enhancement of the 1928 Hays No. 2 scheme and involved raising and strengthening stopbanks, floodgate construction, new and strengthened groynes, rock placement, and live tree plantings, for erosion protection of the banks within a compound cross section of gravel bed and berms (Griffiths 1991). More recent channel changes are evident in the Cam River and Kaiapoi River, there are extensive straight reaches in the Kaiapoi River and bank works are evident below Williams Street Bridge to Courtenay Stream Changes near the Cam mouth include realignment of the Cam River in 1972, and channelisation of the Kaiapoi River (and further upstream on the Cam River) with the Northern Motorway construction completed by 1973. Stopbank construction is evident on the left bank in the Mandeville Swing Bridge reach in 1965.” 1

“Since 2014 a working group, comprising members from Te Ngāi Tūāhuriri Rūnanga, Mahaanui Kurataiao Ltd, Council, KaiapoiTuahiwi Community Board, Environment Canterbury and the Waimakariri Zone Committee of the Canterbury Water Management Strategy, has been developing proposals for the rehabilitation of the Kaiapoi River. They were tasked with identifying and recommending proposals to improve water quality, navigability, flood hazard management, amenity and recreation of the river. This included development of a programme of works and the planning and costing of relevant projects”. 2

1 Environmental Management Associates Ltd, Tonkin & Taylor Ltd. 2015. Kaiapoi River Rehabilitation Concept Development and Assessment. Tonkin & Taylor Ltd. At pages 45. 2 Waimakariri District Council 2017, Kaiapoi River Rehabilitation Advertisement for The Advocate. 4 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Kaiapoi River circa 1941. Image courtesy Ecan https://canterburymaps.govt.nz.

The working group is seeking feedback on six proposals; 1. Meander and Rehabilitate the Kaiapoi River upstream of the Williams Street bridge. The purpose;  To remove suspended sediment from the main channel.  To improve water clarity. The procedure;  Establish an aquatic planting trial 20162017.  Assist flush and trap suspended sediment from the main channel.  Create linear wetlands through the river margins. 2. Gravel Reach and Drainage Outfall Wetland at the 90 ° elbow bend in the river at the corner of Charles and Smith Streets. The purpose;  To improve fishing access to the river.  To increase inanga (whitebait) spawning habitat. The procedure;  Create a gravel cobble beach with wetland at the 90° elbow bend in the river (cnr Charles/Smith Street).

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3. Realign inner bend at the 90 ° elbow bend in the river at the corner of Charles and Smith Streets. The purpose;  To reduce churn and erosion of the river bank at the main fishing area on Charles Street. The procedure;  Lower and realign the inner bank at the 90 ° elbow bend in the river (cnr Charles/Smith Street). 4. Slow water, Island and Wetland upstream of the ‘Mafeking’ footbridge. The purpose;  To provide new habitat for aquatic species.  To encourage inanga (whitebait) spawning.  To improve water clarity. The procedure;  Excavate a sediment trap within the existing mudflat.  Create a slower flowing side channel.  Create an island.  Plant native reeds on the island and both banks of the river.  Over time infill the slower flowing channel with sediment and vegetate it. 5. Excavate an improved navigation channel targeted dredging, from the William Street bridge through to the confluence of the Kaiapoi and Waimakariri Rivers. The purpose;  To improve safety for current river vessels.  To encourage larger vessels to access the river in the future. The procedure;  Excavate and remove high points in the river bed from the from the William Street bridge through to the confluence of the Kaiapoi and Waimakariri Rivers. 6. Rehabilitate Courtenay confluence. The purpose;  To provide new habitat for aquatic species.  To encourage inanga (whitebait) spawning.  To improve water clarity. The procedure;  Willow control.  Replant with native reeds, sedge and shrubs.

The Waimakariri District Council advertised the proposals and has sought feedback from the community via its website and a two page advertisement in the Northern Advocate newspaper.

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Kaiapoi River Rehabilitation Advert. Image courtesy of http://www.waimakariri.govt.nz

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Proposal four involves potentially the most significant instream works, the excavation of a sediment trap over an area of approximately 2800 m2.

“In the late 1960s and early 1970s this section of the Kaiapoi River and lower Cam River were highly modified as part of the construction the Northern Motorway (State Highway 1) and for flood protection. Kaiapoi River was also realigned to flow under the new Northern Motorway Bridge, and the channel was straightened cutting off a meander loop

The purpose of the sediment trap is to capture and stabilise suspended sediment mobilised during floods (in the Kaiapoi River catchment and Waimakariri River flood backflows) and during tidal action within the river (i.e. to capture sediment which would otherwise remobilise on the ingoing and outgoing tides but not leave the river system).

Capture of this sediment is anticipated to improve the water clarity during nonflood periods by reducing the potential for sediment remobilisation (Hudson 1999, 2010). It was thought that this could be undertaken without adversely affecting river flood routing capacity of infrastructure integrity (Hudson & Fletcher 2015).

The purpose of the reprofiling is to reduce the curvature and bank height of the inner bend and provide a more natural flow path, access, and integration with the planting proposed further downstream and on the outer bend drainage outfall wetland (Hudson & Fletcher 2015).

Realignment of the flow path to a more central course, coupled with a more natural inner and outer bank curvature, would facilitate establishment of vegetation on the outer bend. Planting of the beach on the outer bend is likely to enhance habitat values and trap and treat sediment and contaminants from the river and the drainage outfall. This area has the potential to be inanga (whitebait) spawning habitat as discussed in Hudson (2016).” 3

Proposal 5 involves the targeted dredging of identified high spots in the Kaiapoi River. “A number of high spots exist in the channel where depths are currently 1.0 1.5 metres or less at low water. Targeted dredging of these high spots could improve the safety of all vessels using the Kaiapoi River, but particularly for Coastguard operations. This would also extend the tidal ‘window’ for any deeper draught vessels that may in future use the Kaiapoi River.

Visibility at Coastguard’s Kaiapoi launching ramps could be improved by addressing a blind spot observed adjacent to, and downstream of, the Coastguard ramps. Removal or

3 Environmental Management Associates Ltd, Tonkin & Taylor Ltd. 2015 . Kaiapoi River Rehabilitation Stage 1A Sediment trap, bank reshaping and drainage wetland design concepts. Tonkin & Taylor Ltd. At pages 26

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reduction of the closest trees could be investigated, approved and undertaken after consultation with ECan’s arborists .” 4

“Coastguard have identified five such high spot locations. These are indications only; the precise locations and extents would need to be established from a hydrographic survey. The scope of this could be limited in nature and undertaken as an addon to other survey work.

A hydrographic survey would identify where targeted dredging is required and would enable calculation of the rough order volume of dredging required. Equipment mobilisation rates would comprise a comparatively high percentage of the cost for a small dredging project.

For Coastguard to be able to safely launch at all stages of the tide, a shallow area at the outer end of their planned 4bay launching ramps would require dredging before the ramps are commissioned. A longreach digger could feasibly be used to remove these shallow spots. Targeted dredging of berth pockets alongside wharves or pontoons could enable deep draught vessels to lie afloat at all stages of the tide.

The main advantages of this limited dredging option are that it incurs considerably less cost than the full dredging Option 2 and it would improve the safety of navigation for operators of vessels of similar draught to the Coastguard vessel. However, this option would not specifically widen the channel to permit unrestricted passing or turning of vessels.

To widen the channel would require considerably more dredging. Furthermore, there would be little or no additional benefit from targeted dredging of high spots for small boat users, for example trailer boats and rowers.” 5

“Identification of the maximum recommended vessel size for Kaiapoi River navigation and required depths of terminals/facilities requires hydrographic survey of the relevant section of the river. However, an initial appraisal may be made using the existing Coastguard Naiad for comparison. Comparison for vessel size may also be made with the former Tuhoe.

The most restrictive factor from our hightide trip would appear to be draught (depth) rather than length or beam (vessel width). From a preliminary visit it can be determined that any vessel greater in draught than 1.0m, which is the draught of the existing Coastguard Naiad with its outboard down, cannot safely transit the river at all stages of

4 Marico Marine New Zealand Ltd. 2016. Kaiapoi River Navigation Channel Concept Design Executive Summary. Marico Marine New Zealand Ltd. At p 2. 5 Marico Marine New Zealand Ltd. 2016. Kaiapoi River Navigation Channel Concept Design. Marico Marine New Zealand Ltd. At pages 2223. 9 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

the tide, but would be restricted to times when the tide is of sufficient height to give an acceptable under keel clearance.

For restricted river use at, for example, half tide or above, vessels with draught up to 2.0m could navigate the Kaiapoi River channel, providing the skipper had local knowledge of the channel location. The Tuhoe was limited by tidal constraints. However, the draughtlimiting nature of the Waimakariri Bar means that visits from large vessels (i.e. up to 20m) are not currently likely.

Should local vessels with draught greater than 2m be required to operate in the Kaiapoi River at all stages of the tide as part of the project, full dredging would be certainly required.” 6

6 Marico Marine New Zealand Ltd. 2016. Kaiapoi River Navigation Channel Concept Design. Marico Marine New Zealand Ltd. At p 18. 10 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

OBJECTIVES. The objectives of this report will be to: 1. Collate information concerning the cultural significance of the proposed project area; 2. Review key Ngāi Tūāhuriri and Ngāi Tahu values attached to this land and waterways and natural resources contained within; 3. Assess how the proposed project might affect those values; 4. Identify affected parties in terms of cultural matters and the consultation process involved in compiling this report; 5. Identify appropriate measures to avoid, remedy or mitigate any such adverse effects; and 6. Present the above in a clear, concise and professional report for due consideration by the requiring authority as well as other interested parties.

METHODOLOGY. The preparation of this report primarily involved a review of existing information complimented with ongoing communications with members of Te Ngāi Tūāhuriri Rūnanga and Te Rūnanga o Ngāi Tahu. This Cultural Impact Assessment report has been prepared therefore in accordance with the information researched and the feedback received from the aforementioned sources.

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KEY AFFECTED PARTIES IN TERMS OF CULTURAL MATTERS.

Ngāi Tahu. The Ngāi Tahu people have their origins in three main streams of migration. The first of our people to arrive in the southern islands migrated here under the leadership of Rākaihautū on the waka (canoe) Uruao. They arrived in Whakatū, Nelson and proceeded to explore and inhabit the South Island. This is the origin of the Waitaha iwi, who named the land and the coast that borders it.

The plentiful resources of Te Waipounamu called others to abandon their Northern homes and move southward. The second wave of migration was undertaken by the descendants of Whatuamāmoe who came down from the North Island's east coast to claim a place for themselves in the south. These descendants came to be known as Kāti Māmoe and through intermarriage and conquest these migrants merged with the resident Waitaha and took over authority of Te Waipounamu.

Tahupōtiki's descendants who formed Ngāi Tūhaitara and Ngāti Kurī moved south travelling first to Wellington. Ngāi Tūhaitara and Ngāti Kurī settled in Te Whanganuia Tara (Wellington) under the respective leadership of Tūāhuriri and Maru Kaitatea. Ngāti Kurī and Ngāi Tūhaitara migrated to Te Waipounamu. Maru Kaitatea established Ngāti Kurī at Kaikōura. Tūāhuriri’s son, Turakautahi, placed Ngāi Tūhaitara at Kaiapoi Pa. With Kaikōura and Kaiapoi Pā established, and through intermarriage, warfare and political alliances, Ngāi Tahu interests amalgamated with Ngāti Mamoe and Waitaha iwi and Ngāi Tahu iwi established manawhenua or preeminence in the South Island. Sub tribes or hapū became established around distinct areas.

Ngāi Tūāhuriri. Ngāi Tūāhuriri is one of the five primary hapū of Ngāi Tahu whānui, whose takiwā (territory) centres on Tuahiwi and extends from the Hurunui, south to the Hakatere and west to the Main Divide. It was after all Tūāhuriri's son, Turakautahi who we acknowledge as the founder of Kaiapoi Pā and the consequent widespread settlement of the surrounding district.

Te Rūnanga o Ngāi Tahu. Te Rūnanga o Ngāi Tahu is a body corporate established under section 6 of the Te Rūnanga o Ngāi Tahu Act 1996, to act as the central representative body of Ngāi Tahu whānui . It is the governing body that oversee’s the tribes activities and is made up of democratically elected representatives from the 18 Papatipu Rūnanga whose role it to administer the assets and liabilities of Te Rūnanga o Ngāi Tahu as kaitiaki (guardian) for Ngāi Tahu whānui.

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Te Ngāi Tūāhuriri Rūnanga. Te Ngāi Tūāhuriri Rūnanga Incorporated Society is the modern day representative of Ngāi Tūāhuriri and is one of 18 Papatipu Rūnanga of Ngāi Tahu whānui recognised in the first schedule of Te Rūnanga o Ngāi Tahu Act 1996. Te Ngāi Tūāhuriri Rūnanga is governed by its own constitution, managed by an executive and compromises a number of subcommittees that report back to its members, on the first Sunday of every month at the Tuahiwi Marae.

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CONSULTATION WITH AFFECTED PARTIES. During the compilation of this report, the following consultation and discussions have occurred:

Te Ngāi Tūāhuriri Rūnanga. Discussion with Ngāi Tahu historian, Dr Rawiri TeMaire Tau. Discussions with Te Ngāi Tūāhuriri Rūnanga Executive Committee members at Tuahiwi Marae. Presentations to members at the Te Ngāi Tūāhuriri Rūnanga General Meeting at Tuahiwi Marae.

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CULTURAL IDENTITY. Maungatere te maunga ki runga, Waimakariri te awa, Tūāhuriri te tangata. Maungatere (Mt Grey) stands above, Waimakariri is the river, Tūāhuriri is the man.

“Thus runs the saying of Ngāi Tūāhuriri , the Ngāi Tahu hapū based at KaiapoiTuahiwi, whose traditional rohe extends from the Hakatere (Ashburton) and Waikirikiri (Selwyn) Rivers to the Hurunui.” 7 The migration story of Ngāi Tahu from the east coast of the North Island to Canterbury is often told through the oral tradition of the accounts of Moki and his elder brother Tūrakautahi. Moki was the war chief of this expedition and the youngest son of Tūāhuriri, the senior Ngāi Tahu chief of the Ngāi Tūhaitara hapū (later to become Ngāi Tūāhuriri). Moki led the war party south to avenge the death of his father’s wives at the hands of Tutekawa.

“The arrival of Ngāi Tūhaitara around 1700AD saw the establishment of a network centred on Te Pa o Turakautahi, “Kaiapoi”. The pā was built among sand dunes, virtually surrounded by a deep lagoon and accessible by large waka (canoe) from both the Rakahuri (Ashley) and Waimakariri Rivers.” 8.

“To the west is Tuahiwi, traditionally Tuahiwi was a mahinga kai outpost of Kaiapoi Pā, it was primarily an area of gardens guarded by a number of local whānau. Meanwhile to the south, is the Cam River, the Cam has several named sections including Ruataniwha, Whakahume and Korotuaheka. This river runs close to several kāinga including ‘Rakiwhakaputa’ , the pā of Te Rakiwhakaputa, the native gardens ‘Nga mara o Te Wera’, the ‘Te Kai a Te Atua’ urupā”. 9

Near the junction of the modern day Cam and Kaiapoi Rivers stood the pā ‘Ruataniwha’ and further south on land between the Kaikanui Stream and the Waimakariri River was the swamp pā of ‘Tuhuru’.

The broad, open plains and downlands abounded with weka and koreke (native quail). There were prized plantations of ti kouka 10 for producing the delicacy tikauru, and tall

7 Evison HC. 1993 Land of Memories. Tandem Press, Auckland. At p19. 8 Allingham BJ, 2005. Retracing the 19 th Century Landscape around Kaiapoi Pa.: Unpublished Report for Te Ngai Tuahuriri Runanga Inc. Kaupapa Taiao, Office of Te Runanga o Ngai Tahu. 9 Tau RT, Goodall A, Palmer D, Tau HR. 1990 Te Whakatau Kaupapa: Ngai Tahu Resource Management Strategy for the Canterbury Region. Aoraki Press , Wellington. At p516, 517. 10 cordyline australis 15 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

podocarp forests, with a wealth of bird life and timber. Streams of fresh, clear water gushed from underground sources, nourishing a maze of channels, swamps and hapua 11 . The coast and the estuaries and hapua of the Waimakariri, Kaiapoi and Cam Rivers held ample shellfish, fish and assorted waterfowl and duck species.

“The Maoris who lived on the banks of the Waimakariri at Kaiapoi, had come to terms with the river long before the Europeans arrived, and lived there because the fishing was good and the waterfowl plentiful. Their canoes ferried travellers across the river bound for Kaiapoi pā, the fortress in the swamps near Woodend, six or seven kilometres north of Kaiapoi. Among them were the first white men, shadowy figures from the past who were probably shipwrecked sailors or runaway whalers (one said to be heavily tattooed), who left no record of their adventures. Only one of their number left even a name, and that was Smith a traders agent killed at Kaiapoi in 1829 during the first attack on the pā”.12

“Until its sack in 1832 by Te Rauparaha, Kaiapoi had also grown potatoes for sale to European vessels. The tubers may have been introduced by Captain William Wiseman, flax trading for Sydney merchants Cooper & Levy between September 1827 and March 1829 with an agent stationed at Kaiapoi. This was a different kind of trade for it not only gave Ngāi Tahu access to European firearms, clothing, luxury items and food but it also began to focus the attention of Sydney traders on a southern route to the pā via the Waimakariri River and its tributary, the Korotueka or Cam”. 13

11 lagoons 12 Logan, R. 1987. Waimakariri. The story of Canterbury’s “River of Cold Rushing Water”. Logan Print Limited . At p 9. 13 Amodeo, C. 2005 The Mosquito Fleet of Canterbury. The Caxton Press, Christchurch. At p 109. 16 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

EFFECTS ON SIGNIFICANT SITES AND NATURAL RESOURCES.

Following discussion and a review of previously recorded policies, plans and reports, Ngāi Tūāhuriri and Ngāi Tahu have identified the following values of particular cultural significance, for consideration and appropriate provision.

Wāhi Taonga. Currently there are no previously recorded archaeological sites recorded within the proposed project area. However there is sufficient anecdotal information and recorded archaeological sites along the Cam River to the west and the Waimakariri River to the east to indicate there is the potential for previously unrecorded sites to be present. The proposed realignment of the inner bank at the 90 ° elbow bend in the river, in what is now Murphy Park, will occur in one of the few reaches of the Kaiapoi River that still predominately follows its preEuropean course.

Of the previously recorded sites the most provocative would seem to be New Zealand Archaeological Association site number M35/104.

The site record for M35/104 states; “Part of canoe and a piece of worked greenstone were brought up in debris when this section of Cam River was draglined in the 1950’s. North eastern bank near bend. Greenstone in Mr Monk‘s possession, canoe now disintegrated”. 14

The potential for insitu waka (canoe) or remnants of traditional pā tuna (eel weirs) to be located during works to realign the inner bank at the 90 ° elbow bend in the river should not be underestimated when the dredging practices of the Waimakariri Harbour Board are considered.

“…the Board decided to dredge a channel from ‘Locks Point’, at the confluence with the South Branch, up to the wharves at the town. Some Kaiapoi residents also hoped that the dredge would work up into the Cam River to give barge access to and create a cheaper alternative to the railway. A 28 chain buckethopper dredge began work in November 1879, powered by a portable steam engine provided by flour miller Richard Evans. Unfortunately the harbour board could not afford to provide a silt barge to moor alongside and the dredge had to remain close to the bank where it could run the spoil ashore”. 15

14 https://nzaa.eaglegis.co.nz/NZAA/Map. Accessed 16 th April 2015. 15 Amodeo, C. 2005 The Mosquito Fleet of Canterbury. The Caxton Press, Christchurch. At p 248. 17 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

“Archaeological evidence shows the area in and around the Waimakariri was settled from times when moa were hunted. Distinctively early styled taonga are recorded from the banks of the Waimakariri, in keeping with river systems of all sizes around Canterbury.

Relatively early C14 dates are recorded for the inner dune system at , while a 5 ¾ inch long stone minnow lure shank of the style found in Moahunter sites “was found at the Waimakariri River”(JPS Vol 38 No.4;Dec.1929, p272).” 16 “These and other archaeological sites lie on a narrow coastal strip up to five kilometres wide that extends from the Avon estuary north to the sand dunes between the mouth of the Waipara River and the Teviotdale Stream.

The landscape in this strip mostly comprises Quarternary sanddunes which run parallel with the coast, and between which originally lay swampland of varying depth now largely drained as a result of natural river meanderings and European farming developments.” 17

The stripping of topsoil using either diggers or motor scrapers elsewhere has been shown to reveal previously unrecorded archaeological deposits. Archaeological excavations at Pegasus and Sovereign Palms have shown that undisturbed archaeology can remain in areas where crop or livestock farming has taken place. During a period of dune building, compacted wind blown sand can cover archaeological deposits completely in a relatively short period of time.

A lens of insitu cultural deposit located during bulk earthworks at Pegasus Town “These were sites with insitu deposits intact below the plough zone, about 2030 cm in depth. There had been no previous evidence that there would be any archaeology in this area.” 18

16 Allingham BJ, 2005. Retracing the 19 th Century Landscape around Kaiapoi Pa.: Unpublished Report x for Te Ngai Tuahuriri Runanga Inc. Kaupapa Taiao, Office of Te Runanga o Ngai Tahu. 17 Trotter M. 2009 Archaeological Assessment of Kaiapoi P ā, North Canterbury. 18 Witter D. 2006 Pegasus Town Interim Archaeological Report October 2006, Witter Archaeology, Taumutu. At p1. 18 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

“Ngāi Tahu whānui have a personal relationship with the land which extends beyond mere occupation. This relationship begins at birth with the placenta, like the land, being called whenua.

Traditionally, when a child is born the placenta is buried in the earth which expresses the belief that humankind originates from Papatūānuku and returns to her. This is an example of an individual’s close relationship with the land, and the loss of land is the loss of self.” 19

“Archaeological sites exist not only as entities in their own right, but as part of a much larger Ngāi Tahu identity. Some areas must be considered in light of the contribution they make to the greater picture, not merely on the basis of their individual and isolated attributes. Ngāi Tahu concern with archaeological sites extends beyond that of ancestral connection alone. They are also valuable sources of information on the activities of their Tupuna which those in the present world know little about.” 20

Regardless of the methodology used, the realignment the inner bank at the 90 ° elbow bend in the river will involve the disturbing or removal of top soil and sub soils. This will raise the possibility of discovery of previously unrecorded prehistoric archaeological sites related to occupation.

19 Tau RT, Goodall A, Palmer D, Tau HR. 1990 Te Whakatau Kaupapa: Ngai Tahu Resource Management Srategy for the Canterbury Region. Aoraki Press , Wellington. At p430, 431. 20 Tau RT, Goodall A, Palmer D, Tau HR. 1990 Te Whakatau Kaupapa: Ngai Tahu Resource Management Srategy for the Canterbury Region. Aoraki Press , Wellington. At p431. 19 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Wāhi Tapu/Urupā. Certain locations along the various sections of the Cam River were used as burial places by members of the “Ngāi Te Rakiamoa” hapū of Ngāi Tūāhuriri. 21 There are currently no recorded wāhi tapu or urupā along the banks of the Kaiapoi River, nor are there any oral traditions relating to urupā along the Kaiapoi River affected by the Kaiapoi River Rehabilitation project. However there is always potential for unknown burials to be disturbed during earthworks.

“Of all wāhi tapu the urupā is the most significant. They are important to Ngāi Tahu as in these areas lay the bones of celebrated ancestors who are gone but never forgotten. To identify the location identifies the funerary places which Ngāi Tahu are less than anxious to do.

Ngāi Tahu require some restriction on the information about these sites, and they are therefore identified in silent files.” 22 The dead are a link to the past and to the land. By protecting the urupā, the mana of the ancestors and their descendants is also remembered.

“Knowledge of urupā is often retained by certain individuals within iwi, hapu and whanau. These individuals are not always willing to divulge the locations of urupā for fear of them being disturbed.” 23 Urupā can have statutory protection under the following Acts: i) The Historic Places Act, 1993; ii) The Māori Affairs Act, 1953.

Urupā are a sensitive issue. Ngāi Tahu believe they should be strictly left alone. In some instances it may be desirable to reinter the skeletal remains, for example perhaps the site was known to contain only one ancestor and it is deemed necessary by the Rūnanga and connected interests to be necessary to give way to development.

As mentioned previously, regardless of the methodology used, the Kaiapoi River Rehabilitation will involve the disturbing or removal of top soil and sub soils. This will raise the possibility for the potential discovery of burial sites.

21 pers comm, Tau RT. 2015 22 Tau RT, Goodall A, Palmer D, Tau HR. 1990 Te Whakatau Kaupapa: Ngai Tahu Resource Management Srategy for the Canterbury Region. Aoraki Press , Wellington. At p415. 23 Tau RT, Goodall A, Palmer D, Tau HR. 1990 Te Whakatau Kaupapa: Ngai Tahu Resource Management Srategy for the Canterbury Region. Aoraki Press , Wellington. At p425. 20 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Mahinga Kai. Historically the waterways and related wetlands of the Cam, Kaiapoi and Waimakariri Rivers provided Ngāi Tahu with a large variety of mahinga kai species. Inaka 24 , Tuna 25 and Patiki 26 were caught by various methods in the tributaries, channels and wetlands of the Cam, Kaiapoi and Waimakariri River’s.

These wetlands and waterways also once provided habitat for bird species such as Pukeko 27 , Putangitangi 28 , Parera 29 , Weka 30 and others. Around the margins of these wetlands Raupo 31 , Harakeke 32 and Tī kōuka flourished. Raupo could provide food or be used to make buoyant rafts, Harakeke providing strong fibres for clothing, baskets, nets and ropes while the carrot shaped roots and young stems of the Tī kōuka provided the delicacy kauru. 33

Adjoining these margins were woodlands and forest, providing an ample supply of timber for waka 34 , whare 35 and fortifications. These woodlands and forest contained various medicinal plants and also provided habitat for a variety of bird species.

In evidence given to the SmithNairn Commission hearings at Christchurch on 5 th April 1880, Wiremu Naihira stated; “He kainga mahinga kai ano hoki a Opoko hi ika te kai ote wai he tutu te kai o uta. E patata ana tenei mahinga kai ki te piriti i Kaiapoi. Kahore he kainga i reira i te haerenga mai o te Kepa. Ko Omate he kainga mahinga ika he inaha nga ahua o nga ika e matua ana i reira”.

“Opoko was another mahinga kai, where we used to get fish from the water and tutu from the shore. This was close to the bridge at Kaiapoi. There was no house there when Mr Kemp came, it was not inhabited then. Omate was a fishing place also where we used to catch many descriptions of seafish”.

24 whitebait 25 eels 26 flounders 27 purple swamphen: Porphyrio porphyrio 28 paradise duck. 29 grey duck. 30 woodhen: Gallirallus australis 31 bullrush: Typha muelleri 32 flax, Phornium sp . 33 the roots and stems are cooked in a large earth oven to crystallize their sugar content. 34 canoes 35 houses 21 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

On the same day Ihaia Tainu also gave evidence to the SmithNairn Commission where he stated; “I tukaki a Matara ki ahau i Takitu kei Waimakariri tena wahi. Ko te tangata tuatahi ko Meihana muri mai ko Hone Tahia ko Tatana ko Hoani Poutoko. Ko matou i haere ki te patu poaka”.

“I met Mantell at Takitu, on the Waimakariri. The first who came up to us were Meihana, John Tahia, Turton and Hoani Potoko. We came here pig hunting”.

In spring, Maori caught whitebait moving upstream, using nets and groynes formed in the gravel of river banks. They also caught adult inanga in nets as the fish moved downstream to spawn, and adult giant kokopu in scoop nets and traps. To preserve the catch, it was dried on racks above a fire, or on mats in the sun. One way to cook whitebait was to steam them in a hangi (earth oven) in flax baskets lined with fern fronds.

The word whitebait does not refer to a single species. It is a general term used in many countries to describe small freshwater fish that are tender and edible. In New Zealand it describes the juvenile forms (around 4–5 centimetres long) of five species of the fish family Galaxiidae.

In spring, whitebait make their way upstream from the sea, swimming near the river’s edge. Large shoals are referred to as runs. Big runs often follow floods, a few days after the water clears – usually in the daytime on a rising tide.

Whitebait runs are generally smaller than they used to be, as many of their spawning grounds have been destroyed. In most of the country the quality of river water has declined because of runoff from agriculture and other land use. The exception is South Westland, and it is probably no coincidence that this is where the bestknown and largest whitebait runs still occur.

As New Zealand eels have never been seen spawning, this part of their life cycle is based on what scientists think happens. In autumn, adult eels leave fresh water and swim from New Zealand to tropical seas somewhere in the South Pacific. The females release their eggs, the males fertilise them, and the adults die after spawning.

The eggs hatch into larvae that float to the surface and drift back towards New Zealand. They may take about 17 months to arrive. Larvae then change into transparent juvenile eels often called “glass eels”.

22 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

These glass eels enter estuaries between the months of August and November and turn darker, from which point they are known as elvers. Elvers move upstream and find a suitable place to live, where they grow into adults. Over a decade (or more) later, adult eels head out to sea to spawn, and the cycle continues.

The gathering of mahinga kai species was not the sole confine of Maori, in his collection of memoirs, Charles Brockelbank recalled his and other local identities experiences of gathering food in the Kaiapoi area.

“The North Branch was a clear, shingly stream then, and big flounders darted about over the pebbley bottom. These fish not only provided exciting sport, but also a change of diet. Whitebait came up the stream in great quantities during the season; indeed we caught so much at times that we could not give it away but boiled it for the fowls. The usual price of whitebait was fourpence per quart”. 36

“Mrs. Barnard was a pupil at Mathews' School and remembers the Beach Road as a bullock track through " Wild Irishman," flax, niggerheads, and manuka. The scrub sheltered pukekos, wekas, and white herons. “We had plenty of whitebait in the season," said Mrs. Barnard in answer to a question. "We used to boil the pukekos for soup, and wekas for oil, then thought to be good for rheumatics”. 37

“The maintenance of the diversity of quality and quantity of resources especially mahinga kai, is important to Ngāi Tahu.” 38 In the Ngāi Tahu Claims Settlement Act 1998 mahinga kai refers to Ngāi Tahu interests in traditional food and other natural resources, and the sites where the resources are gathered.

The term mahinga kai, therefore, refers to the whole resource chain, from the mountain tops to the ocean floor. It encompasses social and education elements as well as the process of food gathering, including the way it is gathered, the place it is gathered from, and the actual resource itself.

There are a number of mahinga kai related elements in the Ngāi Tahu Claims Settlement Act including customary fisheries management and taonga species. In addition there are a number of traditional mahinga kai sites not included in legislation which will also need to be considered through consultation with local Rūnanga.

36 Brockelbank, C. 1941. Old Kaiapoi; A Collection of Memoirs. Cadsonbury Publications Christchurch. At p7. 37 Brockelbank, C. 1941. Old Kaiapoi; A Collection of Memoirs. Cadsonbury Publications Christchurch. At p18. 38 NRRP, Chapter 2, (Ngai Tahu and the Management of Natural Resources) page 12. 23 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

The creation of sediment traps and linear wetlands throughout the Kaiapoi River Rehabilitation project area will add in excess of 5000 square metres of plantings of native species, many of which intended to provide spawning habitat for inanga.

The realignment the inner bank at the 90 ° elbow bend in the river and creation of a corresponding outfall wetland on the opposite bank will potentially provide the opportunity to create “eel tunnels” and other refuge features for native fish species.

These artificial habitat features for eels, bullies and whitebait have been included in the instream works of the “Te Papa Ōtakaro/Avon River Precinct anchor project. Eel tunnels can consist of “U” shaped pipes of suitable diameters laid into gabion baskets at various levels, these pipes are then secured in place as rock fill is placed into the gabion basket. These tunnels should be located below the level of the mean low tide mark.

The creation of areas of wet edge plantings of predominately raupo 39 , kāpūngāwhā/wiwi 40 and harakeke 41 on the exposed channel edge will provide spawning habitat for inanga, and provide habitat and food sources for tuna (freshwater eels) and various bird species.

Mass plantings of other species up the bank in the frequently flooded areas including cordyline australis (tī kōuka, cabbage tree), cortaderia richardii (toetoe) carex secta and carex virgata (pukio, tussock sedge) and coprosma propinqua (mikimiki) will provide further habitat. These plantings will enhance mahinga kai values while also providing amenity value.

39 bullrush: Typha muelleri 40 knobby clubrush,: Isolepis/nodosa schoenoplectus tabernaemontan 41 Flax: Phornium sp 24 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Water. The Kaiapoi River has a long history of use as an “industrial site” and has been identified as having Hazardous Activities and Industries List (HAIL) past usage associated with the former Kaiapoi Wharf. Instream sediment and habitat disturbance will be the largest impacts on habitat during any potential dredging phase of the Kaiapoi River Rehabilitation or creation of sediment traps.

The operation of long reach excavators during channel clearing phases will potentially also result in contaminants such as oil, grease, and fuel being deposited within the intertidal zone which may be mobilised in runoff and enter the Kaiapoi River.

Dredging of the Kaiapoi River to excavate identified high spots will also disturb silt and sediments that potentially contain hazardous materials and consequently affect water quality of the surrounding Kaiapoi River environs.

Suspended sediment can alter water chemistry, increase turbidity and decrease light penetration of the water column, thus reducing primary productivity and affecting the feeding efficiency of some fish species. Tonkin and Taylor’s Kaiapoi River Rehabilitation Stage 1a Report identified sediment mobilisation as an issue that could be managed with the use of appropriate sediment control measures.

“Sediment mobilisation will occur with the excavation of the old meander bend and there is an expectation that at times a plume of fine sediment will enter and flush down the Kaiapoi River. However, effects of such operations are considered to be minor in the context of constant sediment fluxes with each tidal exchange and high turbidity during flood flows. The long term benefit is that sediment flux will be reduced by enhanced trapping with the proposed works.

In the Avon River rehabilitation, silt fences were employed for many instream works, but the bulk removal of fine sediment from the bed was undertaken by hydraulic excavator from the bank or from within the channel.

The situation for the Kaiapoi sediment trap differs, because the sediment trap is “off channel,” the trap can be isolated and excavation can occur in the dry or with minimal flow during slack tide. Nevertheless, sediment control measures will be implemented to minimise sediment flux downstream. Based on the ECan (2007) Erosion and sediment control guidelines, several measures are recommended:

• Excavation of the sediment trap will not be started if rain or high flows in the Kaiapoi River are forecast. • Work will be undertaken in a timely fashion and excavated material will be removed from the dewatering stockpile in a timely manner (a few weeks at most).

25 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

• The dewatering stockpile will have a staked silt fence, weighted with sediment bags, around the base to prevent flux of dirty water back to the river. • The stockpile site, and onsite infill areas, will be levelled and hydroseeded as soon as works are complete. • A staked silt fence, or floating silt fence, will be installed around the outer edge of the sediment trap using a boat or platform. The flap of the silt fence would be weighted with sediment bags (sand or gravel filled) rather than placed in a trench. • The silt fence will remain in place for the duration of the excavation. • If possible, removal of the silt fence should coincide with a forecast of high flows. In this event, any resultant sediment plume would mix with the naturally high background levels of suspended sediment being flushed to the sea.” 42

All life came into being when Maku mated with Mahoroanuiatea, another form of water, and begat Raki. Water, therefore, is the promoter of all life and represents the life blood of the environment. Its condition is a reflection on the health of Papatuanuku (the Earth Mother).

“Water and the resources it supports determine the location of their kainga (villages), their identity and the rhythm of their lives. The traditional values and controls regarding water are included in Ngāi Tahu spiritual beliefs and practices. This recognises and reinforces the absolute importance of water quality in relation to both mahinga kai and hygiene.

Traditionally water was the centre of all activity within Māori society. It provided the preferred transport medium; supported fish and shellfish populations; was used in religious ceremony; and was also used for recreation. For these reasons and like most other cultures, settlements were centred beside or in close proximity to major waterways.” 43

Te Rūnanga o Ngāi Tahu Freshwater Policy 44 sets out Te Rūnanga o Ngāi Tahu policies with respect to freshwater , outlining the environmental outcomes sought and the means by which Ngāi Tahu would like to work with interested parties to achieve these outcomes. It has been endorsed by Te Ngāi Tūāhuriri Runanga .

Chapter Four of the Natural Resources Regional Plan (NRRP) addresses water quality by providing a framework that enables appropriate use of the regions water resources while

42 Environmental Management Associates Ltd, Tonkin & Taylor Ltd. 2015 . Kaiapoi River Rehabilitation Stage 1A Sediment trap, bank reshaping and drainage wetland design concepts. Tonkin & Taylor Ltd. At pages 2122 43 Tau RT, Goodall A, Palmer D, Tau HR. 1990 Te Whakatau Kaupapa: Ngai Tahu Resource Management Srategy for the Canterbury Region. Aoraki Press , Wellington. At p412. 44 An outline of the policy and its aims is included at Appendix C. 26 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

ensuring that taking of, or discharges to water (direct or indirect) do not significantly diminish the quality of those resources.

It also addresses the effects of activities such as irrigation, industrial discharges, stormwater discharges, storage of hazardous substances, and point and non point source discharges to land.

Chapter Five of the Natural Resources Regional Plan (NRRP) deals with five major water management topics: a.) The strategic protection of some highly valued natural water bodies; b.) Setting flow and or level regimes for the management of rivers, lakes and groundwater to protect in stream/intrinsic values; c.) The management of vegetation change to maintain surface flows and in stream values; d.) The allocation of water above any set flow or level regime to out of stream consumptive uses, and its efficient use; e.) Water storage, augmentation and/or transfer.

Chapter Seven of the Waimakariri River Regional Plan (WRRP) deals with the Regional Councils control of the following activities in relation to the bed 45 of any lake or river: a.) the use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any structure or part of any structure in, on, under, or over the bed; b.) the excavation, drilling, tunnelling, or other disturbance of the bed; c.) the introduction or planting of any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; d.) the deposition of any substance in, on, or under the bed; e.) the reclamation or draining of the bed; f.) the entering or passage across the bed; and g.) the disturbance, removal, damage, or destruction of any plant or part of any plant (whether exotic or indigenous) or the habitats of any such plants or of animals in, on, or under the bed.

To prevent silt and sediment that potentially contain hazardous materials entering the Kaiapoi River best practise sediment control measures will need to be followed (e.g Environment Canterbury, 2007). Consequently a suitable Erosion and Sediment Control Plan and Environmental Management Plan that is consistent with the objectives and policies contained in the Mahaanui Iwi Management Plan must be developed by the contractor and approved by Ecan and Waimakariri District Council

45 In relation to any river , the space of land which the waters of the river cover at its fullest flow without overtopping its banks. 27 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Such best practice measures should include;

 All vehicle refuelling and maintenance should occur in areas away from the waterways and a spill response protocol should be compiled.  The use of floating sediment curtains, silt screens or other suitable containment methods to prevent suspended silt or sediments that are disturbed during dredging activities entering the Kaiapoi River.  To prevent sediment entering waterways, all areas within the project area that are subject to disturbance need to be revegetated as soon as possible once construction has ceased to reduce he time bare earth is exposed to the elements.  For sloping areas near waterways use of suitable ground and soil erosion cover options to reduce erosion and sediment input while vegetation is becoming established.

28 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

CULTURAL ISSUES TO CONSIDER. Following discussion and a review of previously recorded policies, plans and reports, and Ngāi Tahu have identified the following values of particular cultural significance, for consideration and appropriate provision within the design and development of the .

Whakapapa. The central element of Māori culture is whakapapa 46 , the genealogical relationships that stretch across and between both human and non human worlds. Whakapapa establishes the origins and creation of all things and connects people to their ancestors as well as to the land and natural resources around them. Human relationships with their environment were traditionally reciprocal in nature and carried with them the essential responsibility embodied by the notion of Kaitiakitanga. 47 This inextricably and interdependent relationship is reflected in the following proverb:

Toi tū te marae o Tāne Toi tū te marae o Tangaroa Toi tū te iwi. 48

How to recognise and provide for Whakapapa? a.) Interpretation features 49 at logical locations that can inform pedestrian and cycle users in the area of such things as important cultural sites, activities, or events associated with that area.

46 "Papa" is anything broad, flat and hard such as a flat rock, a slab or a board. "Whakapapa" is to place in layers, lay one upon another. Hence the term Whakapapa is used to describe both the recitation in proper order of genealogies, and also to name the genealogies. 47 Kaitiakitanga is an integral aspect of Rangatiratanga and entails an active exercise of authority in a manner beneficial to the resource in question. 48 “If the domain of Tāne survives and the domain of Tangaroa does too, the people live on”. That is to say, if we look after the natural resources of earth and water, then they in turn will look after you. 49 carvings, information panels, murals or sculpture(s) 29 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Rangatiratanga. The traditional personal authority of chiefs (rangatira) over the assets of an iwi/tribe or hapū/subtribe (land, forests, fisheries, etc.) Rangatiratanga 50 is embodied within the concept of mana whenua 51 and defines the ability to exercise and manage the relationship between ourselves, our culture and traditions and our environment.

Rangatiratanga incorporated the right to make, alter and enforce decisions pertaining to how a resource was to be used and/or managed, and by whom. This was carried out in accordance with tikanga and kawa 52 and is akin to the modern day functions of Local and Central Government agencies and authorities.

Contemporary and practical expressions of Rangatiratanga would include the active involvement of Tāngata Whenua in resource management decision making processes (e.g. Te Kohaka o Tuhaitara Trust) and/or the implementation of iwi management plans over particular resources or localities (e.g. Te Waihora/Lake Ellesmere Management Plan). 53

How to recognise and provide for Rangatiratanga? Appropriate participation by tāngata whenua whether that be on any Board, Trust or Committee set up for the purpose of managing the natural or physical resources, and/or through “on the ground” maintenance and monitoring of those sites and resources within the project area affected by the activities presently under application.

Outcomes sought: a.) The engagement of members of Ngai Tuahuriri who are trained in the recognition of archaeological sites to monitor earthworks and assist the lead archaeologist. b.) Consultation with Te Ngai Tuahuriri Runanga regarding the display and or storage of prehistoric artefacts located within the proposed Kaiapoi River Rehabilitation.

50 The traditional personal authority of chiefs (rangatira) over the assets of an iwi/tribe or hapū/subtribe (land, forests, fisheries, etc.) 51 means customary authority exercised by an iwi or hapu in an identified area. 52 The Māori equivalent of Pakehā law. 53 Lenihan TM. 2006 Statement of Evidence, Application for Resource Consent by Pegasus Town Ltd. 30 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Taonga. In the management of resources it is important to Ngāi Tahu that the habitats and wider needs of taonga are protected and sustainably managed and enhanced. All natural resources such as air, land, water are taonga; (i.e. tangible or intangible treasures that are highly valued by tāngata whenua for their capacity to provide, sustain and shape the quality of life (e.g. tikanga or customs, te reo or the Māori language)).

The protection of the relationship of tāngata whenua is included in Article II of the Treaty of Waitangi, the Resource Management Act 1991 section 6(e), and more recently the Ngāi Tahu Claims Settlement Act 1998. To ensure taonga are available for future generations, Ngāi Tahu consider that resource management decision making processes need to recognise tikanga Māori (protocols and customs) and have the conservation and sustainability of resources as its focus.

The Crown’s settlement with Ngāi Tahu (Ngāi Tahu Claims Settlement Act 1998) included recognition of the special relationship Ngāi Tahu has with taonga species. Ngai Tahu participates in the management of those species in many ways including representation on species recovery groups.

Through the Crown’s Settlement Offer, the special relationship Ngāi Tahu has with fourty nine bird species, fifty four plant 54 species and 6 marine mammal species was recognised and acknowledged.

Outcomes sought: a.) Adoption of a Restoration Revegetation Planting Plan that utilises taonga plant species that would historically occur within the project area and that addresses: i) Enhancement of Biodiversity; ii) Protection of Cultural and Historic Values; and iii) Protection of in stream values.

Kaitiakitanga. Kaitiakitanga is an integral aspect of Rangatiratanga and entails an active exercise of authority in a manner beneficial to the resource in question. The rights and responsibilities of kaitiaki derive from mana whenua, and this has been reflected in the definition of kaitiakitanga in the Resource Management Act 1991 where it is made clear that only tāngata whenua of an area are able to exercise kaitiakitanga.

54 a list of taonga plant species is attached as Appendix G. 31 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Traditionally speaking kaitiaki were spiritual guardians associated with particular resources and locations. Their essential function was to indicate the well being of their environment thereby warn local human guardians accordingly. Those that claim mana whenua have a responsibility to maintain natural and physical resources within their rohe 55 and as such are considered kaitiaki.

How to recognise and provide for Kaitiakitanga? Appropriate participation by tāngata whenua whether that be on any Board, Trust or Committee set up for the purpose of managing the natural or physical resources, and/or through “on the ground” maintenance and monitoring of those sites and resources within the project area affected by the activities presently under application.

Outcomes sought: a.) Adoption of a Restoration Revegetation Planting Plan that utilises taonga plant species that would historically occur within the project area and that addresses: i) Enhancement of Biodiversity; ii) Protection of Cultural and Historic Values; and iii) Protection of in stream values. b.) The engagement of members of Ngai Tuahuriri who are trained in the recognition of archaeological sites to monitor earthworks and assist the lead archaeologist. c.) Consultation with Te Ngai Tuahuriri Runanga regarding the display and or storage of prehistoric artefacts located within the proposed Kaiapoi River Rehabilitation.

Mauri. In Māori thought all things are believed to have a mauri, or vital essence. It is this mauri which provides all living things and every place with a unique personality. The key to the traditional Māori view towards environmental issues is the importance of not altering a mauri to the extent that it is no longer recognisable.

How to recognise and provide for Mauri. Appropriate input or involvement whether in person or via plans and policies in the management, maintenance and monitoring of culturally significant sites or resources affected by the activities presently under application.

Outcomes sought: a.) Adoption of a Restoration Revegetation Planting Plan that utilises taonga plant species that would historically occur within the project area and that addresses: i) Enhancement of Biodiversity; ii) Protection of Cultural and Historic Values; and iii) Protection of in stream values.

55 tribal territory 32 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Manaakitanga. A term to express love and the concepts of hospitality and mutual obligation. Manaakitanga defines the obligation of Tāngata Whenua towards their Manuhiri (guests) and, when exercised appropriately, enhances the mana of the hosts. Traditional expressions of manaakitanga require an ability to provide a selection of the local delicacies. There is an intimate and inextricably linked relationship between the values of manaakitanga, kaitiakitanga and Rangatiratanga, and without one it is very difficult to exercise another. The relative health and availability of mahinga kai is one of the principal means by which manaakitanga can be expressed.

How to recognise and provide for Manaakitanga? Recognition of the value of mahinga kai within any relevant management plans or regimes established to manage the natural resources within or directly affected by the proposed project area. Provide for the ongoing sustainability of mahinga kai through the recognition of mauri.

Mahinga Kai. Mahinga kai are central to the traditional way of life for Ngāi Tahu. Highly organised seasonal timetables were followed to best utilise the resources available. The term mahinga kai, therefore, refers to the whole resource chain, from the mountain tops to the ocean floor. It encompasses social and education elements as well as the process of food gathering, including the way it is gathered, the place it is gathered from, and the actual resource itself.

How to recognise and provide for Mahinga Kai? Appropriate input or involvement whether in person or via plans and policies in the management, maintenance and monitoring of culturally significant sites or resources affected by the activities presently under application.

Outcomes sought: a.) Adoption of a Restoration Revegetation Planting Plan that utilises taonga plant species that would historically occur within the project area and that addresses: i) Enhancement of Biodiversity. ii) Protection of Cultural and Historic Values. iii) Protection of in stream values.

Wāhi Tapu/Wāhi Taonga and Urupā. In modern terms in the Ngāi Tahu rohe the term wāhi tapu refers to places held in reverence according to local tribal custom and history. Some wāhi tapu are important to the Iwi while others are important to individual hapu or whānau. Of all wāhi tapu, urupa (burial sites) are considered to be the most significant.

33 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

How to recognise and provide for Wāhi Tapu/Wāhi Taonga and Urupā. “It is important for Ngāi Tahu that wāhi tapu sites are protected from inappropriate activity; and there is continued access to such sites for Ngāi Tahu. 56

Outcomes sought: i.) Adoption of a Wāhi Taonga/Wāhi Tapu and Urupā Protocol. 57

56 Natural Resources Regional Plan, Chapter 2 (Ngāi Tahu and the Management of Natural Resources) 2.3.6 page 28. 57 see Appendix E. 34 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

LEGISLATION TO CONSIDER.

Resource Management Act 1991. Section 5, 6, 7, and 8 of the Resource Management Act 1991 prescribe what all persons exercising functions and powers under the Resource Management Act need to consider in relation to managing the use, development and protection of natural and physical resource.

Section 6. Matters of national importance. 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: (e) The relationship of Māori (in this instance Ngāi Tūāhuriri and Ngāi Tahu) and their culture and traditions with their ancestral lands, water sites, wāhi tapu and other taonga. (f) The protection of historic heritage 58 from inappropriate subdivision, use, and development.

Section 7. Other matters. 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: (a) Kaitiakitanga: (aa) The ethic of stewardship: (b) The efficient use and development of natural and physical resources: (c) The maintenance and enhancement of amenity values: (f) Maintenance and enhancement of the quality of the environment: (g) Any finite characteristics of natural and physical resources:

58 historic heritage; (a) means those natural and physical resources that contribute to an understanding and appreciation of New Zealand's history and cultures, deriving from any of the following qualities: (i) archaeological: (ii) architectural: (iii) cultural: (iv) historic: (v) scientific: (vi) technological; and (b) includes— (i) historic sites, structures, places, and areas; and (ii) archaeological sites; and (iii) sites of significance to Maori, including wāhi tapu; and (iv) surroundings associated with the natural and physical resources. 35 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Section 8. Treaty of Waitangi/Te Tiriti o 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).

Canterbury Regional Policy Statement. The Canterbury Regional Policy Statement 2013 provides an overview of the resource management issues of Canterbury and the objectives, policies and methods to achieve integrated management of natural and physical resources. The following chapters are of particular interest to Ngāi Tahu: Chapter 2 contains issues of Resource Management Significance to Ngāi Tahu. Chapter 4 contains provision for Ngai Tahu and their relationship with resources.

Natural Resources Regional Plan. The Natural Resources Regional Plan consists of eight chapters of which the following are of particular interest to Tāngata Whenua: Chapter 2: Ngāi Tahu and the Management of Natural resources. Chapter 4: Water quality. Chapter 5: Water quantity. Chapter 7: Wetlands. Chapter 8: Soil Conservation.

Waimakariri River Regional Plan. The Waimakariri River Regional Plan is a statutory regional plan prepared by the Canterbury Regional Council in accordance with the requirements of the Resource Management Act 1991. The following chapters are of particular interest to Tāngata Whenua. Chapter 2.3: Iwi Management Plans. Chapter 5: Water Quantity. Chapter 6: Water Quality. Chapter 7: River and Lake Beds.

Mahaanui Iwi Management Plan. This plan has the mandate of the six Paptipu Rūnanga across Ngä Päkihi Whakatekateka o Waitaha and Te Pätaka o Räkaihautü and is endorsed by Te Rūnanga o Ngāi Tahu, as the iwi authority. As such it is applicable to policy and planning processes under the Resource Management Act (RMA) 1991.The following policies are of particular interest to Tāngata Whenua.

36 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

Section 5.3 of the Mahaanui Iwi Plan “Wai Māori” outlines objectives, policies and processes that Ngāi Tūāhuriri consider addresses issues of significance relating to freshwater including; Issue WM1: Rights and interests. Tāngata whenua have specific rights and interests associated with freshwater. Issue WM2: Value of water. Changing the way water is valued. Issue WM3: Priorities for use. Priorities for use based on Ngāi Tahu values. Issue WM4: Management of water. Appropriate management scale, principles, tools and processes to deliver Ngāi Tahu cultural outcomes. Issue WM5: Statutory Acknowledgements. Recognition of freshwater statutory acknowledgement sites. Issue WM6: Water quality. The decline in water quality in the region as a result of point and nonpoint source pollution, low flows and loss of wetlands and riparian areas. Issue WM12: Beds and margins. Activities occurring within the beds and margins of rivers and lakes can adversely affect Ngāi Tahu values.

Section 5.4 of the Mahaanui Iwi Plan “Papatūānuku” outlines objectives, policies and processes that Ngāi Tūāhuriri consider addresses issues of significance relating to land subdivision and development including; Issue P1: Papatūānuku. Basic principles of land management from a tāngata whenua perspective. Issue P11: Earthworks. Earthworks activities need to be managed to avoid damaging or destroying sites of significance, and to avoid or minimise erosion and sedimentation.

Section 5.5 of the Mahaanui Iwi Management Plan “Tāne Mahuta” outlines objectives, policies and processes that Ngāi Tūāhuriri consider addresses issues of significance relating to indigenous biodiversity and mahinga kai including; Issue TM1: Mahinga kai Loss of mahinga kai areas and opportunities in the takiwā. Issue TM2: Indigenous biodiversity. The widespread loss of indigenous biodiversity has significant adverse effects on the relationship of Ngāi Tahu with ancestral land, water and sites, and the health of land, water and communities. Issue TM3: Restoration of indigenous biodiversity. Tāngata whenua have a particular interest in the restoration of indigenous biodiversity.

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REFERENCES AND SOURCE INFORMATION.

REPORTS. Allingham BJ. 2005 Retracing the 19 th Century Landscape around Kaiapoi Pa: Unpublished Report for Te Ngai Tuahuriri Runanga Inc. Kaupapa Taiao, Office of Te Runanga o Ngai Tahu.

Environmental Management Associates Ltd, Tonkin & Taylor Ltd. 2015 . Kaiapoi River Rehabilitation Stage 1A Sediment trap, bank reshaping and drainage wetland design concepts. Tonkin & Taylor Ltd.

Lenihan TM. 2006 Statement of Evidence, Application for Resource Consent by Pegasus Town Ltd.

Marico Marine New Zealand Ltd. 2016. Kaiapoi River Navigation Channel Concept Design. Marico Marine New Zealand Ltd.

Tonkin & Taylor Ltd. 2015. Kaiapoi River Rehabilitation Concept Development and Assessment. Tonkin & Taylor Ltd.

Trotter M. 2009 Archaeological Assessment of Kaiapoi P ā, North Canterbury.

Tipa G, Teirney L. 2003 Cultural Health Index for Streams and Waterways: Prepared for the Ministry of the Environment.

Witter D. 2006 Pegasus Town Interim Archaeological Report April 2006, Witter Archaeology, Taumutu.

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BOOKS and ARTICLES. Amodeo, C. 2005 The Mosquito Fleet of Canterbury. The Caxton Press, Christchurch.

Beattie H.1945 Maori Placenames of Canterbury. Otago Daily Times and Witness Newspapers Co. Ltd.

Brockelbank, C. 1941. Old Kaiapoi; A Collection of Memoirs. Cadsonbury Publications Christchurch.

Evison HC. 1993 Te Wai Pounamu: The Greenstone Island. Aoraki Press, Christchurch New Zealand.

Evison HC. 1993 Land of Memories. Tandem Press, Auckland

Logan, R. 1987. Waimakariri. The story of Canterbury’s “River of Cold Rushing Water”. Logan Print Limited Christchurch.

Tau RT, Anderson A. 2008 Ngai Tahu: a migration history: The Carrington Text/edited by Te Maire Tau and Atholl Anderson. Bridget Williams Books, Welligton.

MANAGEMENT PLANS. Tau RT, Goodall A, Palmer D, Tau HR. 1990 Te Whakatau Kaupapa: Ngai Tahu Resource Management Srategy for the Canterbury Region. Aoraki Press , Wellington.

Jolly D, Nga Papatipu Rūnanga Working Group. 2013 Mahaanui Iwi Management Plan 2013. Verve Digital Limited

WAITANGI TRIBUNAL EVIDENCE. Ngāi Tahu Claim Wai 27. Mahinga kai (Tuahiwi) Evidence of Rawiri TeMaire Tau (NGAI 9/B)

Ngāi Tahu Claim Wai 27. Mahinga kai (Tuahiwi) Evidence of Henare Rakiihia Tau (NGAI 15/B)

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ACTS, PLANS, POLICIES and REGULATIONS. Canterbury Regional Policy Statement 2013. Heritage New Zealand Pouhere Taonga Act 2014. Natural Resources Regional Plan 2011. Ngāi Tahu Claims Settlement Act 1998. Ngāi Tahu Deed of Settlement Act 1998. Ngāi Tahu Deed of Settlement 1998. Ngāi Tahu Claims Settlement (Resource Consent Notifications) Regulations 1999. Resource Management Act 1991. Te Rūnanga o Ngāi Tahu Freshwater Policy (1999).

WEBSITES. https://www.ngaitahu.iwi.nz https://www.landcareresearch.co.nz https://www.treatyofwaitangi.govt.nz https://www.ecan.govt.nz https://www.canterburymaps.govt.nz

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SUMMARY. Given the significant cultural value attached to the Kaiapoi and Cam Rivers and the potential impacts to cultural values and archaeological sites of significance, Te Ngāi Tūāhuriri Rūnanga and Te Rūnanga o Ngāi Tahu wish to acknowledge and endorse the relevance and application of the following Acts, Plans and Policies.

Canterbury Regional Policy Statement 2013. Heritage New Zealand Pouhere Taonga Act 2014 Historic Places Act 1993.

Natural Resources Regional Plan 2011. Ngāi Tahu Claims Settlement Act 1998. Ngāi Tahu Deed of Settlement Act 1998. Ngāi Tahu Deed of Settlement 1998. Ngāi Tahu Claims Settlement (Resource Consent Notifications) Regulations 1999. Resource Management Act 1991. Te Rūnanga o Ngāi Tahu Freshwater Policy (1999).

Te Ngāi Tūāhuriri Rūnanga and Te Rūnanga o Ngāi Tahu would accordingly like to encourage the requiring authority to consider in good faith the relative sections of the aforementioned Acts, Policies, Plans and Regulations, and in consultation with representatives of Te Ngāi Tūāhuriri Rūnanga and Te Rūnanga o Ngāi Tahu, provide for them within the design and construction where this is both reasonable and practicable.

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RECOMMENDATIONS. Te Ngāi Tūāhuriri Rūnanga have identified the following issues with regards to the potential for adverse effects on Ngāi Tūāhuriri values: a.) Cultural Heritage, b.) Water quality, c.) Effects to native fish and aquatic species and their habitats.

Te Ngāi Tūāhuriri Rūnanga also acknowledges that the creation of linear wetlands and mass instream, wet edge and bank side plantings will significantly enhance the mahinga kai values within the Kaiapoi River Rehabilitation project area.

A further objective of this report is to provide recommendations to avoid, remedy or mitigate adverse effects on tangata whenua values. To this end, Te Ngāi Tūāhuriri Rūnanga have provided the following recommendations to assist the New Zealand Transport Agency to respond to Te Ngāi Tūāhuriri Rūnanga concerns;

1.) Development and adoption of an Erosion and Sediment Control Plan and Silt and Sediment control plan that;  is consistent with the policies and objectives within Section 5.3 of the Mahaanui Iwi Management Plan, and  that meets the objectives of the relevant policies within the Natural Resources Regional Plan, and  minimises the effects to instream values of the Kaiapoi River during either earthworks or instream dredging or excavations related to the proposed Kaiapoi River Rehabilitation. 2.) That no instream works be scheduled to occur during the whitebait season which runs from 15 th August 30 th November. 3.) That a suitably qualified archaeologist approved by Pouhere Taonga Heritage New Zealand be onsite to monitor earthworks and the removal of soil down to a level considered by the archaeologist to be below the ground level present during preEuropean occupation. 4.) The engagement of a member of Ngāi Tūāhuriri trained in the recognition of archaeological deposits, to work as cultural monitors and assist the consultant archaeologist monitor disturbance of topsoil during earthworks in areas where it is considered likely that there is a risk of previously unrecorded insitu archaeology being present. 5.) That in the event of the discovery of prehistoric archaeological deposit’s, the consultant archaeologist will present to the Te Ngāi Tūāhuriri Rūnanga Executive Committee an excavation plan and timetable for comment and input. 6.) That any artefacts, taonga and other cultural material associated with pre historic archaeology, be repatriated to Te Ngāi Tūāhuriri Rūnanga and the final storage or display of these items be determined by Te Ngāi Tūāhuriri Rūnanga.

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7.) That all research and analysis of any cultural heritage located within the project area be completed in a timely fashion and that copies of all reports be provided to Te Ngāi Tūāhuriri Rūnanga. 8.) Adoption and implementation of a planting plan that enhances biodiversity and in stream values utilising those taonga plant species that would naturally occur within the project area. 9.) Installation of interpretation features in locations to inform pedestrian and recreational users of significant events and historical sites in the immediate vicinity.

Based on the information provided by the requiring authority, it is unlikely that there will be significant concerns with this notice of requirement, provided that; a.) The concept and design of the proposal does not differ from the information provided for this Cultural Impact Assessment Report without further consultation; and b.) That the requiring authority and Te Ngāi Tūāhuriri Rūnanga reach agreement regarding how the recommendations provided in this report are addressed; and

c.) That this Cultural Impact Assessment Report is included in full with all resource consent applications associated with the proposal. If applications have been lodged prior to receiving this assessment, the report should be forwarded to the appropriate Council with instructions to include it in the application.

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APPENDIX A. PROPOSED PROJECT AREA.

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APPENDIX A. PROPOSED PROJECT AREA.

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APPENDIX A. PROPOSED PROJECT AREA.

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APPENDIX B. ARCHAEOLOGICAL SITES IN THE PROJECT AREA. Previously recorded NZAA archaeological sites in the immediate vicinity of the proposed Kaiapoi River Rehabilitation. NZAA sites highlighted in yellow relates to prehistoric activities by Maori. NZAA site M35/104 “waka and worked greenstone” shown in relation to the proposed Kaiapoi River Rehabilitation.

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APPENDIX C. SUMMARY OF NGAI TAHU FRESHWATER POLICY.

Te Rūnanga o Ngāi Tahu Freshwater Policy (1999). 59 The Te Rūnanga o Ngāi Tahu Freshwater Policy Statement was the first environmental policy developed by Ngāi Tahu. It is a recognised iwi planning document for the purposes of the Resource Management Act 1991 and sets out Te Rūnanga o Ngāi Tahu tribal policies with respect to freshwater for the whole of the Ngāi Tahu takiwa. It describes in general terms: • Ngāi Tahu associations with freshwater resources; • the ways in which Ngāi Tahu, as tangata tiaki, want to participate in freshwater management; and • The environmental outcomes sought. The Policy Statement is a starting point for a continuing process of consultation and discussion to further define the specific priorities and needs of Papatipu Rūnanga across the takiwa and the ways in which these needs and priorities can be met. Policy Statement The Freshwater Policy Statement is divided into three parts: Part one provides background information on the purpose of the Statement. This includes: • an outline of the overall structure of the statement; • an outline of the purpose of the statement and its relationship with other planning documents; and • An outline of Ngāi Tahu Kaupapa with respect to freshwater i.e. the principles upon which freshwater should be managed. Part two sets the direction for Ngāi Tahu involvement in freshwater management. It includes: • A discussion of the priority issues that Ngāi Tahu wants to see addressed by resource management agencies; • Goals and objectives that Papatipu Rūnanga and resource management agencies should collectively be striving for; and • Suggested strategies for achieving those goals and objectives. Part three describes: • The performance indicators that will be used to monitor the effectiveness of the strategies in this statement; and • The procedures that will be used by Ngāi Tahu to monitor and review this statement.

59 A complete version of this policy is available as a pdf file from the Te Runanga o Ngāi Tahu website at www.ngaitahu.iwi.nz . 48 Kaiapoi River Rehabilitation Cultural Impact Assessment Report

APPENDIX D. TE TIRITI O WAITANGI/THE TREATY OF WAITANGI.

Ko te tuatahi Ko nga Rangatira o te wakaminenga me nga Rangatira katoa hoki ki hai i uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu–te Kawanatanga katoa o ratou wenua. The Chiefs of the Confederation and all of the Chiefs who have not joined in that Confederation give absolutely to the Queen of England forever the complete government over their land. Ko te tuarua Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira ki nga hapu–ki nga tangata katoa o Nu Tirani te tino rangatiratanga o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te wakaminenga me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te Wenua–ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona. The Queen of England agrees to protect the Chiefs, the subtribes and all the people of New Zealand in the unqualified exercise of their chieftainship over their lands, their villages, and all their treasures. But on the other hand the Chiefs of the Confederation and all the other Chiefs will sell land to the Queen at the price agreed by the person owning it and by the person buying it (the latter being) appointed by the Queen as her purchase agent. Ko te tuatoru Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini– Ka tiakina e te Kuini o Ingarani nga tangata maori katoa o Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani. For this agreed arrangement therefore concerning the government of the Queen, the Queen of England will protect all the ordinary people of New Zealand, and will give them all the rights and duties of citizenship as the people of England. Signed by W Hobson, Consul and Lieutenant Governor, and between 520 and 530 Māori chiefs.

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APPENDIX E. ARCHAEOLOGICAL SITES PROTOCOL.

Conditions shall be imposed to bind the requiring authority to comply with the following protocol: i) A consulting Archaeologist will be engaged to advise on methods to be undertaken to ensure that adverse effects on archaeological sites are avoided, remedied, reduced or mitigated. The requiring authority shall consult with Te Rūnanga o Ngāi Tahu and Te Ngāi Tūāhuriri Rūnanga regarding the appointment of the archaeologist.

ii) The requiring authority shall provide the consulting archaeologist, Te Rūnanga o Ngāi Tahu and Te Ngāi Tūāhuriri Rūnanga with the following information no less than 10 working days prior to any earthmoving activities.  A schedule of the dates of all significant earthmoving events, their sequence and duration;  A summary of all measures being undertaken to ensure that adverse effects on archaeological values are avoided, remedied, reduced or mitigated.

iii) The requiring authority shall invite Te Rūnanga o Ngāi Tahu and Te Ngāi Tūāhuriri Rūnanga to attend any episode of monitoring or earthmoving activity.

iv) The requiring authority shall provide Te Rūnanga o Ngāi Tahu and Te Ngāi Tūāhuriri Rūnanga and the New Zealand Heritage New Zealand Pouhere Taonga with a copy of all archaeological monitoring and investigation results which are required by the conditions of this consent with an invitation to respond, comment or meet to discuss any results.

v) The requiring authority shall notify the Regional Council of all information provided to Te Rūnanga o Ngāi Tahu and Te Ngāi Tūāhuriri Rūnanga and any responses received. If appropriate the Regional Council, with the agreement of the requiring authority and Te Rūnanga o Ngāi Tahu and Te Ngāi Tūāhuriri Rūnanga, shall convene meetings/hui should any of the information or issues require further discussion.

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APPENDIX F. WAHI TAPU, WAHI TAONGA AND URUPA PROTOCOL.

A protocol approved by Te Rūnanga o Ngāi Tahu and Te Ngāi Tūāhuriri Rūnanga, which shall include the following conditions, shall be imposed to bind the requiring authority, in addition to the Archaeological Sites Protocol.

i) A representative of Te Ngāi Tūāhuriri Rūnanga trained in the discovery and recognition of archaeological sites will be engaged to be present during site preparation, excavation and construction, to act as advisor to the requiring authority on identification of Wāhi Tapu, Wāhi Taonga, Urupā or historic cultural sites.

ii) The requiring authority shall consent with Te Rūnanga o Ngāi Tahu and Te Ngāi Tūāhuriri Rūnanga to determine in accordance with tikanga Māori, if there are any matters of protocol which tāngata whenua wish to undertake in relation to the commencement of any development works, significant events or the commissioning of the completed works.

iii) The requiring authority shall ensure that staff involved with earthmoving activities have received appropriate training and are aware of the requirement to effect and monitor earthmoving activities in a way that enables the identification of Wāhi Tapu, Wāhi Taonga, Urupā or historic cultural sites. Te Rūnanga o Ngāi Tahu and Te Ngāi Tūāhuriri Rūnanga shall be contracted to provide appropriate training to staff.

iv) Immediately it becomes apparent that a Wāhi Tapu, Wāhi Taonga, Urupā or historic cultural site has been discovered, earth moving activities shall stop. The contractor will shut down all machinery or activity immediately, leave the area and advise the requiring authority of the occurrence.

In cases other than suspected Koiwi Tāngata (human remains) are suspected:

v) The representative of Te Ngāi Tūāhuriri Rūnanga will be consulted by the requiring authority of the site to determine what further actions are required to safeguard the site or its contents, and to avoid, reduce, remedy or mitigate any damage to the site.

Where Koiwi Tāngata (human remains) are suspected:

vi) The requiring authority will take steps immediately to secure the site in a way that ensures the koiwi tāngata are untouched.

vii) The requiring authority shall be responsible for notifying the Te Ngāi Tūāhuriri Rūnanga, the Police and the Heritage New Zealand Pouhere Taonga and that it is suspected koiwi tāngata that have been uncovered.

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viii) The requiring authority of the site will see that staff are available to meet and guide Kaumatua, the Police and Historic Places Trusr staff to the site, assisting with any requests that they may make. ix) Earthmoving operations in the affected area will remain halted until the kaumatua; Police and Heritage New Zealand Pouhere Taonga staff have marked off the area around the site and given approval for earthmoving operations to begin. x) If the kaumatua are satisfied that the Koiwi Tāngata are of Māori origin, the kaumatua will decide what happens to the koiwi tāngata and will give their decision to the Police, the Archaeologist, the Heritage New Zealand Pouhere Taonga and the requiring authority.

PURPOSE. The purpose of a “Discovery Protocol for Wāhi Tapu, Wāhi Taonga and Urupā is to: 1. Manage and protect the integrity of known and unknown archaeological sites from damage and loss; 2. Maximise the opportunity to retrieve physical and archaeological evidence from disturbed sites; 3. Obtain quality information on the lives of people , their activities, food, resource use, trails and habitation areas of Ngāi Tahu ancestors from archaeological sites; and 4. Ensure Te Ngāi Tūāhuriri Rūnanga is satisfied with the management of any koiwi tāngata.

DEFINITION. “Archaeological site” means any place in New Zealand that: (a) either: i. was associated with human activity that occurred before 1900; or ii. is a site of the wreck of any vessel where that wreck occurred before 1900 and (b) Is or may be able through investigation by archaeological methods to provide evidence relating to the history of New Zealand.

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RESPONSIBILITIES.

Te Ngāi Tūāhuriri Rūnanga shall: i) Inform the requiring authority of the position of any known sites prior to commencement of earth moving activities. ii) Inform the requiring authority in accordance with tikanga Māori, if there are any matters of protocol which Te Ngāi Tūāhuriri Rūnanga wish to undertake in relation to the commencement of work or significant events. iii) Provide a contact list of persons and phone, fax and mobile numbers to the requiring authority. iv) Adopt a policy of response to notification of a “suspected find site” within a 24 hour time frame; a) this will consist of contacting appropriate people and organisations depending on the nature of the “find”. b) arranging a time to inspect the site. c) coordination of the appropriate action to remove or otherwise any archaeological material from the site.

The Consent holder shall: i) Ensure staff are aware of their responsibilities under the Archaeological Sites Protocol. ii) Implement a reporting procedure in the event of any “find” of archaeological material. iii) Will meet all obligations under the Historic Places Act 1993. iv) Provide Te Ngāi Tūāhuriri Rūnanga with the following reports no less than 10 working days prior to any earth moving works: a) A schedule of the dates of all earth moving events their sequence and duration. b) A summary of all measures being undertaken to ensure adverse effects on archaeological values are, remedied or mitigated. v) Invite Te Ngāi Tūāhuriri Rūnanga to attend any episode of archaeological monitoring or earthmoving activity. vi) Provide Te Ngāi Tūāhuriri Rūnanga with a copy of all archaeological monitoring and investigation results with an invitation to respond, comment or meet to discuss any results.

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APPENDIX G.

Taonga Plant Species.

Maori Name Common Name Latin name

Akatorotoro White Rata Metrosideros perforata Aruhe Bracken/Fernroot Pteridium aquilinum var esculentum Harakeke Flax Phormium tenax Houhi Mountain Ribbonwood Hoheria lyalli and H.glabata Kaikahikatea Kahikatea/White Pine Dacrycarpus dacrydioides Kamahi Kamahi Weinmannia racemosa Kānuka Kanuka Kunzia ericoides Kāpuka Broadleaf Griselinia littoralis Karaeopirita Supplejack Ripogonum scandens Karaka New Zealand Laurel Corynocarpus laevigata Karamū Coprosma spp. Coprosma robusta, C. lucida, C. foetidissima Kātote Tree Fern Cyathea smithii Kiekie Kiekie Freycinetia baueriana subsp banksii Kōhia New Zealand Passionfruit Passiflora tetranda Korokio Wire/Netting Bush Corokia buddleoides Koromiko/Koromuka Hebe Hebe salicifolia Kōtukutuku Native Tree Fuchsia Fuchsia excorticate Kōwhai/Kōhai Kowhai Sophora microphylla Mamaku Tree Fern Cyathea medullaris Mānia Sedge Carex lucida Mānuka/Kahikātoa Teatree Leptospermum scoparium Māpou Red Matipo Myrsine australis Mataī Matai/Black Pine Prumnopitys taxifolia Miro Miro/Brown Pine Podocarpus ferrugmeus Nīkau New Zealand Palm Rhopalostylis sapida Ngaio Fern Myoporum laetum Panako Fern Asplenium obtusatum, Botrychium australe Pātōtara Dwarf Mingimingi Leucopogon fraseri Pīngao Golden Sand Sedge Desmoschoenus spiralis Pokākā Pokaka Elaeocarpus hookerianus Ponga/Poka Tree Fern Cyathea dealbata Rātāā Southern Rata Metrosideros umbellata Raupō Bulrush Typha angustifolia Rautawhiri/Kōhūtū Black Matipo/Mapou Pittosporum tenuifolium Rimu Rimu/Red Pine Dacrydium cypressinum

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Rimurapa Bull kelp Durvillaea antarctica Taramea Speargrass/Spaniard Aciphylla spp . Tarata Lemonwood Pittosporum eugenioides Tawhai Beech Nothofagus spp. Teteaweka Muttonbird scrub Olearia angustifolia Tikumu Mountain Daisy Celmisia spectabilis and C. semicordata Ti rākau/Ti kōuka Cabbage Tree Cordyline australis Titoki New Zealand Ash Alectryon excelsus Toatoa Mtn Toatoa/Celery Pine Phyllocladus alpinus Toetoe Toetoe Cortaderia richardii Tōtara Totara Podocarpus totara Tutu Tutu Coriaria spp. Wharariki Mountain Flax Phormium cookianum Whinau Hinau Elaeocarpus dentatus Wī Silver Tussock Poa cita Wīwī Rushes Juncus all native spp. & J. maritimus

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