Te Korowai o NgÄruahine Trust (Louise Tester) 147 High Street, Hawera PO Box 474, Hawera New Zealand
Submitter Type: Iwi Source: Email
Overall Notes:
Clause Do you wish to speak to your submission at the hearing? Position Yes Notes [tag id=75286] TKONT would like the opportunity to speak to this submission[/tag]
Clause What decision do you wish the EPA to make? Provide reasons in the box below. Position Decline Notes [tag id=75287] The preference of TKONT is to not disturb our seabed and marine environment with invasive environmentally damaging operations,[/tag] [tag id=75288] Submission: Shell Todd Oil Service: MÄui Jack Up Rig Application TÄ“nÄ koe, 1.On behalf of Te Korowai o NgÄruahine Trust (TKONT), we welcome the opportunity to provide a submission to the Environmental Protection Authority (EPA) on the Shell Todd Oil Services (STOS) Application to install a jack up rig as part of the MÄui Offshore Facilities. Our Interests 2.TKONT has existing interests in the area subject to the STOS Application, but first we would like to recognise the role that Taranaki iwi hold as mana whenua of the area directly onshore of the Maui facilities. . 3.We also note that TKONT is the post- settlement governance entity for NgÄruahine and our submissions do not preclude any of the individual hapÅ« of NgÄruahine making their own submissions to this process. 4.Our interests in the area are first and foremost as tangata whenua with a recognised area of interest from the Waingongoro to Taungatara rivers and extending out from that coastline the health and wellbeing of our traditional rohe is impacted by the health of its surrounding waters. Additionally, we hold fishing quota within FMA 8 and NgÄruahine currently has proceedings in the High Court and with the Office of Treaty Settlements in relation to the Marin and Coastal Area (Takutai Moana) Act 2011. | | | Te Korowai o NgÄruahine Trust147 High Street, HÄwera, 4610Freepost, PO Box 474, HÄwera, Taranaki, New Zealand, 4640www.ngaruahine.iwi.nz 5.Alongside the other coastal iwi of Taranaki we are affected by the STOS application. 6.The position of NgÄruahine in relation to oil and gas exploration was established in the Waitangi Tribunal Claim WAI796. We refer the committee to this report and request that the MÄori Advisory Committee consider its contents and recommendations in making its own recommendations to the hearing panel. MÄori Relationship to the Marine Environment 7.MÄori have a special relationship with the marine environment; a relationship that cannot be delineated by imposed boundaries. The ocean and the marine environment is a cultural site of significance for iwi, and MÄori take seriously their role as kaitiaki of the sea. 8.Tangaroa is the MÄori deity of the sea, one of the children springing from the union between Ranginui (sky father) and PapatÅ«Änuku (earth mother). From these atua, MÄori trace their descent and whakapapa is the way by which we map our human relationships with the natural environment. It is the foremost recognition that we are descended from the see, as opposed to be an ascendant of it. In this regard the Te Ao MÄori perspective can only be understood from a MÄori cultural standpoint. 9.It is difficult for MÄori to protect the mÄuri of the wai, without their rights being sufficiently respected, acknowledged and responded to as part of the EPA processes. TKONT therefore wish to emphasise our role as kaitiaki in relation to the marine environment. As kaitiaki we have an intergenerational responsibility to protect the mÄuri of the marine eco system in ways that protect natural resources and the wellbeing of the people for whom tangaroa serves. 10.The committee is therefore urged to recognise the significance that MÄori give to the marine environment as a whole, and to consider the cumulative effects that each single operation has to the integrity of New Zealand’s marine environment. This cumulative impact is particularly important in Taranaki where our region is subject to the most intensive oil and | | | Te Korowai o NgÄruahine Trust147 High Street, HÄwera, 4610Freepost, PO Box 474, HÄwera, Taranaki, New Zealand, 4640www.ngaruahine.iwi.nz gas exploration in the country and each resource consent adds pressure to eco-systems and environments that are already subject to high levels of impacts that are frequently assessed as “negligibleâ€, “minorâ€, “un-noticeable†or “uncertain.†11.The interests of mana whenua are given attention within the impact analysis. There are statements about the cultural context that have been developed in consultation with Te Kahui o Taranaki Trust and NgÄti Tara HapÅ«. TKONT is pleased to see a stronger recognition of MÄori interests as this was one of the concerns that we raised about the 2015 STOS Maui application to the EPA. We note that Te Kahui o Taranaki Trust and NgÄti Tara HapÅ« have identified the impacts of the proposed activities as minor to negligible across all cultural domains, with the exception of Taha Wairua (during jack up installation, operation and removal and well drilling and servicing and all other general well activities). 12.Engaging iwi in kaitiaki practices is a mutual benefit for iwi and the applicant because together there is a greater potential for active protection of the marine environment, respect and acknowledgement of taonga species and enhanced capacity for environmental partnerships and collaborations. Te Tiriti o Waitangi 13.MÄori have a unique relationship enshrined in Te Tiriti o Waitangi, and the decisions and determinations made by the EPA Committee in furtherance of the Act affect, and potentially limit the ability of iwi to have their treaty obligations met. TKONT therefore suggests that it is incumbent on the committee to take a stronger stance in protection Te Tiriti interests of MÄori. 14.Section 12 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012(the Act) states: In order to recognise and respect the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi for the purposes of this Act,— (a) section 18 (which relates to the function of the MÄori Advisory Committee) provides for the MÄori Advisory Committee to advise the Environmental Protection Authority so that decisions made under this Act may be informed by a MÄori perspective; and | | | Te Korowai o NgÄruahine Trust147 High Street, HÄwera, 4610Freepost, PO Box 474, HÄwera, Taranaki, New Zealand, 4640www.ngaruahine.iwi.nz (b) section 32 requires the Minister to establish and use a process that gives iwi adequate time and opportunity to comment on the subject matter of proposed regulations; and (c) sections 33 and 59, respectively, require the Minister and the EPA to take into account the effects of activities on existing interests; and (d) section 45 requires the Environmental Protection Authority to notify iwi authorities, customary marine title groups, and protected customary rights groups directly of consent applications that may affect them. 15.It is not clear what role the MÄori Advisory Committee has played to date, in advising the EPA Committee about the MÄori perspective as it relates to the management and protection of coastal waters, however, it is clear that the applicant has engaged with mana whenua. Effects of the Activity on the Coastal Marine Environment 16.Within the application, STOS has set out a number of areas where the proposed activity may have an effect on the environment, although its assessment considers them to be small or negligible. The considerations have all been dealt with in isolation. TKONT does not consider that the statement about cumulative impacts sufficiently addresses the harms that have occurred to the marine environment since the commencement of the activities, nor the cumulative impacts from the on-going activity in the marine environment. 17.The specific concerns of TKONT are set out below: a)The loss of marine habitat because of the drilling and exploration activities There is likely to be a change in the abundance and diversity of some macro benthic communities. It is not clear what the cumulative effects of STOS’s long term drilling and exploration activities will have on the marine habitats and associated species. b)Contamination because of the toxicity of waste materials It is unlikely that all of the waste materials will be adequately dispersed by the ocean, and thus their ongoing presence will have a negative effective on marine life and the associated habitats. Increased toxicity of the waters could adversely the marine ecosystem, and may result in a long term degradation of the marine environment. | | | Te Korowai o NgÄruahine Trust147 High Street, HÄwera, 4610Freepost, PO Box 474, HÄwera, Taranaki, New Zealand, 4640www.ngaruahine.iwi.nz c)Increased turbidity of the water around the operations A reduction of light intensity, because of an accumulation of drilling wastes is likely to affect photosynthesis, particularly marine life and marine mammals. Increased turbidity of water is also likely to affect sea birds ability to capture food from the waters. d)Effects of noise on marine mammals The Taranaki coast is present to a large number of mammal species at particular times of the year. We continue to remain concerned about the presence of noise disturbance for our marine environment – noise types that are not a natural part of their habitat. e)Effects on marine mammals The Taranaki coastal environment is a habitat for some endangered and vulnerable marine mammals, and all efforts should be made to protect these species. f)Impact on commercial fishing operations The operations affect access to marine fishing grounds. It is not clear the extent to which the activities affect the abundance of fish populations and diversity of fish species. TKONT wishes to understand the extent to which the activities will affect the fishing interests and access to the fishery quota derived from the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. More effort needs to be placed into this area. g)Impact on customary fishing rights We also draw to the attention of the Committee our concerns about the on-going sustainability of and access to customary fishing grounds and mahinga kai and the quality of the kaimoana. Customary fishing is an important cultural practice for iwi; it is a means of sustaining mana through the practice of manaakitanga and the re-distribution of kaimoana to whanau and community. The protection of customary fishing grounds is an important expression of kaitiakitanga. h)Spills Whilst TKONT acknowledge that the likelihood of a spill is small, the effects would be so great that they necessitate a serious consideration. The desolation of the marine environment | | | Te Korowai o NgÄruahine Trust147 High Street, HÄwera, 4610Freepost, PO Box 474, HÄwera, Taranaki, New Zealand, 4640www.ngaruahine.iwi.nz could be catastrophic, and the effects would be felt by many generations. A spill could contaminate and affect the abundance of fish stocks, affect our commercial fishing operations and access to kaimoana gathering sites, and other sacred grounds. A spill could also affect human health. Mitigation measures proposed 18.The applicant has detailed a range of mitigation measures in response to the concerns raised by Te Kahui o Taranaki Trust and NgÄti Tara. TKONT respects the understanding that the applicant and iwi have reached in regards to mitigating the harmful effects that may occur as a result of these operations. Applicant’s obligations as an environmental exploiter 19.New Zealand’s regulatory systems recognises that some commercial exploitation of natural resources may occur but this is not a carte blanche and as part of the social contracts with other New Zealand residents, corporates who undertake these activities must accept some accompanying obligations and restrictions on operations. 20.Section 59(2)(d) of the Act requires the EPA to consider “the importance of protecting the biological diversity and integrity of marine species, ecosystems, and processes†and at (e) “the importance of protecting rare and vulnerable ecosystems and the habitats of threatened species.†It is not the obligation of STOS alone to carry the weight of this obligation, but it does have a role to play. 21.The mÄuri of the water is complex, and the cumulative effects of each aspect of the operations negatively affect the marine species and the associated ecosystems. It is clear from the application that STOS are becoming more mindful of this, but it is also fair to state that there is still some way to go. 22.Moreover, as a company that is committed to their environmental responsibilities, STOS are encouraged to go beyond the bottom line required by the legislations, and consider acts and investments that can restore the environment. STOS needs to address the way in which it | | | Te Korowai o NgÄruahine Trust147 High Street, HÄwera, 4610Freepost, PO Box 474, HÄwera, Taranaki, New Zealand, 4640www.ngaruahine.iwi.nz currently meets its social contract obligations with the Taranaki community and in particular the Taranaki eco-systems. Conditions 23.The preference of TKONT is to not disturb our seabed and marine environment with invasive environmentally damaging operations, however, it acknowledges that there is already approval for STOS to operate in the marine environment that structures are already present and the operations are on-going. 24.It is highly unlikely the Government would allow the current application to be declined; TKONT therefore requests that the consent to be subject to the following conditions: a)The consent is granted for a period of no longer than 15 years. b)The commitments to iwi are embedded in the resource consent conditions. c)Environment monitoring programmes are developed that embed mÄtauranga MÄori methodology alongside Western scientific science. d)The consent holder agrees to financially invest in environmental restoration programmes for the Taranaki marine environment. e)The applicant shall maintain a log and report all marine mammal sightings. f)The consent holder shall develop and introduce a comprehensive monitoring programme across each of area covered within its impact assessment with iwi in the South Taranaki district. g)The applicant makes a commitment to all of its senior management team and all staff involved in Maui operations undertaking cultural training to develop an understanding of a Te Äo MÄori viewpoint and be able to demonstrate to iwi how this is embedded into operations. | | | Te Korowai o NgÄruahine Trust147 High Street, HÄwera, 4610Freepost, PO Box 474, HÄwera, Taranaki, New Zealand, 4640www.ngaruahine.iwi.nz 25.TKONT would like the opportunity to speak to this submission.[/tag]
Environmental Protection Authority Private Bag 63002 Waterloo Quay Wellington 6140
Via email: [email protected]
Rāapa, 14 Pipiri, 2017
Submission: Shell Todd Oil Service: Māui Jack Up Rig Application
Tēnā koe,
1. On behalf of Te Korowai o Ngāruahine Trust (TKONT), we welcome the opportunity to provide a submission to the Environmental Protection Authority (EPA) on the Shell Todd Oil Services (STOS) Application to install a jack up rig as part of the Māui Offshore Facilities.
Our Interests
2. TKONT has existing interests in the area subject to the STOS Application, but first we would like to recognise the role that Taranaki iwi hold as mana whenua of the area directly onshore of the Maui facilities. .
3. We also note that TKONT is the post-settlement governance entity for Ngāruahine and our submissions do not preclude any of the individual hapū of Ngāruahine making their own submissions to this process.
4. Our interests in the area are first and foremost as tangata whenua with a recognised area of interest from the Waingongoro to Taungatara rivers and extending out from that coastline the health and wellbeing of our traditional rohe is impacted by the health of its surrounding waters. Additionally, we hold fishing quota within FMA 8 and Ngāruahine currently has proceedings in the High Court and with the Office of Treaty Settlements in relation to the Marin and Coastal Area (Takutai Moana) Act 2011.
Te Korowai o Ngāruahine Trust | 147 High Street, Hāwera, 4610 | Freepost, PO Box 474, Hāwera, Taranaki, New Zealand, 4640 | www.ngaruahine.iwi.nz
5. Alongside the other coastal iwi of Taranaki we are affected by the STOS application.
6. The position of Ngāruahine in relation to oil and gas exploration was established in the Waitangi Tribunal Claim WAI796. We refer the committee to this report and request that the Māori Advisory Committee consider its contents and recommendations in making its own recommendations to the hearing panel.
Māori Relationship to the Marine Environment
7. Māori have a special relationship with the marine environment; a relationship that cannot be delineated by imposed boundaries. The ocean and the marine environment is a cultural site of significance for iwi, and Māori take seriously their role as kaitiaki of the sea.
8. Tangaroa is the Māori deity of the sea, one of the children springing from the union between Ranginui (sky father) and Papatūānuku (earth mother). From these atua, Māori trace their descent and whakapapa is the way by which we map our human relationships with the natural environment. It is the foremost recognition that we are descended from the see, as opposed to be an ascendant of it. In this regard the Te Ao Māori perspective can only be understood from a Māori cultural standpoint.
9. It is difficult for Māori to protect the māuri of the wai, without their rights being sufficiently respected, acknowledged and responded to as part of the EPA processes. TKONT therefore wish to emphasise our role as kaitiaki in relation to the marine environment. As kaitiaki we have an intergenerational responsibility to protect the māuri of the marine eco system in ways that protect natural resources and the wellbeing of the people for whom tangaroa serves.
10. The committee is therefore urged to recognise the significance that Māori give to the marine environment as a whole, and to consider the cumulative effects that each single operation has to the integrity of New Zealand’s marine environment. This cumulative impact is particularly important in Taranaki where our region is subject to the most intensive oil and
Te Korowai o Ngāruahine Trust | 147 High Street, Hāwera, 4610 | Freepost, PO Box 474, Hāwera, Taranaki, New Zealand, 4640 | www.ngaruahine.iwi.nz
gas exploration in the country and each resource consent adds pressure to eco-systems and environments that are already subject to high levels of impacts that are frequently assessed as “negligible”, “minor”, “un-noticeable” or “uncertain.”
11. The interests of mana whenua are given attention within the impact analysis. There are statements about the cultural context that have been developed in consultation with Te Kahui o Taranaki Trust and Ngāti Tara Hapū. TKONT is pleased to see a stronger recognition of Māori interests as this was one of the concerns that we raised about the 2015 STOS Maui application to the EPA. We note that Te Kahui o Taranaki Trust and Ngāti Tara Hapū have identified the impacts of the proposed activities as minor to negligible across all cultural domains, with the exception of Taha Wairua (during jack up installation, operation and removal and well drilling and servicing and all other general well activities).
12. Engaging iwi in kaitiaki practices is a mutual benefit for iwi and the applicant because together there is a greater potential for active protection of the marine environment, respect and acknowledgement of taonga species and enhanced capacity for environmental partnerships and collaborations.
Te Tiriti o Waitangi
13. Māori have a unique relationship enshrined in Te Tiriti o Waitangi, and the decisions and determinations made by the EPA Committee in furtherance of the Act affect, and potentially limit the ability of iwi to have their treaty obligations met. TKONT therefore suggests that it is incumbent on the committee to take a stronger stance in protection Te Tiriti interests of Māori.
14. Section 12 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012(the Act) states:
In order to recognise and respect the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi for the purposes of this Act,— (a) section 18 (which relates to the function of the Māori Advisory Committee) provides for the Māori Advisory Committee to advise the Environmental Protection Authority so that decisions made under this Act may be informed by a Māori perspective; and
Te Korowai o Ngāruahine Trust | 147 High Street, Hāwera, 4610 | Freepost, PO Box 474, Hāwera, Taranaki, New Zealand, 4640 | www.ngaruahine.iwi.nz
(b) section 32 requires the Minister to establish and use a process that gives iwi adequate time and opportunity to comment on the subject matter of proposed regulations; and (c) sections 33 and 59, respectively, require the Minister and the EPA to take into account the effects of activities on existing interests; and (d) section 45 requires the Environmental Protection Authority to notify iwi authorities, customary marine title groups, and protected customary rights groups directly of consent applications that may affect them.
15. It is not clear what role the Māori Advisory Committee has played to date, in advising the EPA Committee about the Māori perspective as it relates to the management and protection of coastal waters, however, it is clear that the applicant has engaged with mana whenua.
Effects of the Activity on the Coastal Marine Environment
16. Within the application, STOS has set out a number of areas where the proposed activity may have an effect on the environment, although its assessment considers them to be small or negligible. The considerations have all been dealt with in isolation. TKONT does not consider that the statement about cumulative impacts sufficiently addresses the harms that have occurred to the marine environment since the commencement of the activities, nor the cumulative impacts from the on-going activity in the marine environment.
17. The specific concerns of TKONT are set out below:
a) The loss of marine habitat because of the drilling and exploration activities There is likely to be a change in the abundance and diversity of some macro benthic communities. It is not clear what the cumulative effects of STOS’s long term drilling and exploration activities will have on the marine habitats and associated species.
b) Contamination because of the toxicity of waste materials It is unlikely that all of the waste materials will be adequately dispersed by the ocean, and thus their ongoing presence will have a negative effective on marine life and the associated habitats. Increased toxicity of the waters could adversely the marine ecosystem, and may result in a long term degradation of the marine environment.
Te Korowai o Ngāruahine Trust | 147 High Street, Hāwera, 4610 | Freepost, PO Box 474, Hāwera, Taranaki, New Zealand, 4640 | www.ngaruahine.iwi.nz
c) Increased turbidity of the water around the operations A reduction of light intensity, because of an accumulation of drilling wastes is likely to affect photosynthesis, particularly marine life and marine mammals. Increased turbidity of water is also likely to affect sea birds ability to capture food from the waters.
d) Effects of noise on marine mammals The Taranaki coast is present to a large number of mammal species at particular times of the year. We continue to remain concerned about the presence of noise disturbance for our marine environment – noise types that are not a natural part of their habitat.
e) Effects on marine mammals The Taranaki coastal environment is a habitat for some endangered and vulnerable marine mammals, and all efforts should be made to protect these species.
f) Impact on commercial fishing operations The operations affect access to marine fishing grounds. It is not clear the extent to which the activities affect the abundance of fish populations and diversity of fish species. TKONT wishes to understand the extent to which the activities will affect the fishing interests and access to the fishery quota derived from the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. More effort needs to be placed into this area.
g) Impact on customary fishing rights We also draw to the attention of the Committee our concerns about the on-going sustainability of and access to customary fishing grounds and mahinga kai and the quality of the kaimoana. Customary fishing is an important cultural practice for iwi; it is a means of sustaining mana through the practice of manaakitanga and the re-distribution of kaimoana to whanau and community. The protection of customary fishing grounds is an important expression of kaitiakitanga.
h) Spills Whilst TKONT acknowledge that the likelihood of a spill is small, the effects would be so great that they necessitate a serious consideration. The desolation of the marine environment
Te Korowai o Ngāruahine Trust | 147 High Street, Hāwera, 4610 | Freepost, PO Box 474, Hāwera, Taranaki, New Zealand, 4640 | www.ngaruahine.iwi.nz
could be catastrophic, and the effects would be felt by many generations. A spill could contaminate and affect the abundance of fish stocks, affect our commercial fishing operations and access to kaimoana gathering sites, and other sacred grounds. A spill could also affect human health.
Mitigation measures proposed
18. The applicant has detailed a range of mitigation measures in response to the concerns raised by Te Kahui o Taranaki Trust and Ngāti Tara. TKONT respects the understanding that the applicant and iwi have reached in regards to mitigating the harmful effects that may occur as a result of these operations.
Applicant’s obligations as an environmental exploiter
19. New Zealand’s regulatory systems recognises that some commercial exploitation of natural resources may occur but this is not a carte blanche and as part of the social contracts with other New Zealand residents, corporates who undertake these activities must accept some accompanying obligations and restrictions on operations.
20. Section 59(2)(d) of the Act requires the EPA to consider “the importance of protecting the biological diversity and integrity of marine species, ecosystems, and processes” and at (e) “the importance of protecting rare and vulnerable ecosystems and the habitats of threatened species.” It is not the obligation of STOS alone to carry the weight of this obligation, but it does have a role to play.
21. The māuri of the water is complex, and the cumulative effects of each aspect of the operations negatively affect the marine species and the associated ecosystems. It is clear from the application that STOS are becoming more mindful of this, but it is also fair to state that there is still some way to go.
22. Moreover, as a company that is committed to their environmental responsibilities, STOS are encouraged to go beyond the bottom line required by the legislations, and consider acts and investments that can restore the environment. STOS needs to address the way in which it
Te Korowai o Ngāruahine Trust | 147 High Street, Hāwera, 4610 | Freepost, PO Box 474, Hāwera, Taranaki, New Zealand, 4640 | www.ngaruahine.iwi.nz
currently meets its social contract obligations with the Taranaki community and in particular the Taranaki eco-systems.
Conditions
23. The preference of TKONT is to not disturb our seabed and marine environment with invasive environmentally damaging operations, however, it acknowledges that there is already approval for STOS to operate in the marine environment that structures are already present and the operations are on-going.
24. It is highly unlikely the Government would allow the current application to be declined; TKONT therefore requests that the consent to be subject to the following conditions:
a) The consent is granted for a period of no longer than 15 years. b) The commitments to iwi are embedded in the resource consent conditions. c) Environment monitoring programmes are developed that embed mātauranga Māori methodology alongside Western scientific science. d) The consent holder agrees to financially invest in environmental restoration programmes for the Taranaki marine environment. e) The applicant shall maintain a log and report all marine mammal sightings. f) The consent holder shall develop and introduce a comprehensive monitoring programme across each of area covered within its impact assessment with iwi in the South Taranaki district. g) The applicant makes a commitment to all of its senior management team and all staff involved in Maui operations undertaking cultural training to develop an understanding of a Te āo Māori viewpoint and be able to demonstrate to iwi how this is embedded into operations.
Te Korowai o Ngāruahine Trust | 147 High Street, Hāwera, 4610 | Freepost, PO Box 474, Hāwera, Taranaki, New Zealand, 4640 | www.ngaruahine.iwi.nz
25. TKONT would like the opportunity to speak to this submission.
Naku iti noa, nā
Louise Tester Kairangahau Matua (Social and Policy Initiatives Manager)
cc Louise Bullen, STOS, [email protected] Wharehoka Wano, Te Kāhui o Taranaki iwi, [email protected]
Te Korowai o Ngāruahine Trust | 147 High Street, Hāwera, 4610 | Freepost, PO Box 474, Hāwera, Taranaki, New Zealand, 4640 | www.ngaruahine.iwi.nz