In the Hearings Panel

IN THE HEARINGS PANEL TAURANGA

UNDER of the Resource Management Act 1991

IN THE MATTER a resource consent application by the ASTROLABE COMMUNITY TRUST to leave the remains of the MV Rena wreck on the Otaiti/Astrolabe Reef and discharge contaminants from those remains

BRIEF OF EVIDENCE OF PETER GRANT October 2 2015

Instructing Solicitor: Counsel Acting Chris Rejthar Kate Barry-Piceno Advocate Legal Limited Barrister PO Box 13033, Tauranga PO Box 5426, Mt Maunganui Ph: 07 577 6565 T: 07 575 7383 2

Email: [email protected] E: [email protected] I, PETER GRANT, state:

1. My name is Peter Grant. I am a member and current Chair of Motiti

Environmental Management Incorporated (“MEMI”) which made a submission

to the Astrolabe Trust application for resource consent in 2014. This

submission is listed as number 153 on the Rena Resource Consent website. My

evidence is given in support of this submission, which states that subject to

suitable conditions to mitigate effects, in particular effects to the Motiti Island

community, MEMI is satisfied consent should be granted to allow the Wreck to

remain on the Otaiti reef.

2. The Motiti Environment Management Incorporated was formed in 2008 with an

objective to restoring Motiti’s environmental resources as well as establishing

and implementing a management plan of the islands infrastructural resources.

It is these resources that the people of Motiti rely on to live their day to day

lives and to provide for their spiritual, cultural and social wellbeing. We have a 4

duty to ensure these resources are left in a better position for our mokopuna

and future generations.

3. My whakapapa lineage back to Motiti Island is through my great grandfather –

Riritahi Ngamanu, who lived and farmed on Motiti in the late 1800’s when

Motiti was a thriving trading place. He and my great grandmother borne and

raised their five children on Motiti. My grandmother is Paretaihinu, one of his

five children. After giving birth to my mother, Te Auhi at Motiti, my

grandmother was unable to raise my mother due to illness therefore that

responsibility was passed to her elder sister – Harata.

4. My mother, being an only child, was entrusted with land interests at Motiti

from both her mother and aunty Harata, Harata never having children of her

own. Since then my mother’s interest on Motiti has passed down to me, my

brothers and sisters, for us to manage for future generations.

5. My parents, having being bought up on Motiti, left Motiti in the early 1950’s

due to a growing family and to provide better education and social

opportunities for us as kids. Motiti became our place where we spent every

school holidays and it was a much loved destination. Our nanny Harata 5

travelled to Whakatane every school holiday period to take us back with her.

Motiti was paradise for our family as we were showered with all the goodies

that children could want, plus we were able to observe and learn the traditional

cultural practises of living on Motiti from the elders living there. We learnt all

of the customary fishing places including the Otaiti reef, as well the waahi tapu

areas around the island and out at sea.

6. Our learning wasn’t only from my nanny but other nanny and koro (reference

to all our older people) who also lived on Motiti, as well as spending time with

other children and residents. We were taught to respect our elders and other

whanau plus respect the property of others. Not only did you respect others,

you also helped where help was required or gave where resources/materials

were needed. It was a case of everybody looking after each other.

7. Another of our learning points was knowing our connections to the Marae’s

and Hapu, the Marae’s on Motiti being arms to the main body Toroa which

resides in Whakatane and Patuwai being our tribe. There was never any

mention or recognition of other Hapu from our elders. 6

8. Recent changes affecting Motiti, i.e. the formation and then various appeals

over establishment of a District plan for Motiti, has seen the formation of

various Maori groups laying claim of ownership/belonging to Motiti, plus even

further groups have emerged with a supposed mandate to speak for the Motiti

community with the Rena grounding. The formation of these different factions

and groups has put a lot of stress, confusion and pressure on whanau, where

tension and unrest is evident at some gatherings.

9. Motiti has always been a time out destination for me and my family. It allows

me to reconnect to the cultural traditions and practises I’ve been taught,

practises I have shared with my children and am currently passing onto my

grandchildren.

10. Unfortunately the long term lack of financial support from any Government

Authority at Motiti has meant that there has been minimal care, management

or planning to protect our natural resources at Motiti. The damage from the

Rena grounding further caused significant damage to our shoreline but this has

now been rectified. Our inability to visit the island or fish in the vicinity after

the wreck prevented past traditional and customary practises to be carried out 7

or passed on. This damage however, has now been remedied, and fishing has

recommenced along the shorelines directly affected, and by boat in the ocean

around Motiti and outskirts of Otaiti reef. MEMI would very much like to see

Otaiti opened up again so it can be available to our community to visit and

fish. If further parts of the Rena are required to be taken off, this will exclude

us from the reefs for years longer.

Conclusion

11. MEMI’s decision to change from a neutral submission to one of support for this

application to be granted with suitable mitigation conditions, including a Motiti

Project Fund, was not made lightly. It was not a decision that MEMI made

based solely on financial compensation being offered and it is offensive to

suggest “we sold out” for cash from the applicants.

12. MEMI consider the Rena should be left where it is based on the reef being

restored back to a healthy state. MEMI support imposition of conditions to

protect against further adverse effects or risks of potential damage. Most of

the MEMI members have very strong, genuine and longstanding cultural and

ancestral links to Motiti. 8

13. We are very aware we are privileged to be landowners at Motiti, a privilege

passed down to us from our ancestors. Our people sacrificed and fought hard

to retain land and ownership rights affected by both European and various

occupation challenges on the Island. Our members take our obligations as

Kaitiaki guardians over the future of Motiti’s environmental, social and cultural

wellbeing very seriously. This includes both Pakeha and Maori who are

committed to the Motiti community.

14. MEMI came to the decision to support the application after review of the

evidence and consultation with the applicant owners and their experts. We have

also sought our own expert and legal advice. Of great importance for myself

and other Maori members was the expert advice of the Motiti Korowai elders

with respect to cultural values, and how our cultural values are affected by this

proposal.

15. A review of the history and past practises of other Government entities prior to

the Rena highlights decades of neglect and lack of investment in Motiti Island

and its Maori community. There has been no efforts to protect or enhance our

island or the shorelines surrounding Motiti. 9

16. I also have to acknowledge there has been decades of neglect and no financial

investment in Motiti Island by our Iwi or Hapu groups either.

17. Ironically, the only investment in any improvements for the Island that I have

ever witnessed has been works undertaken or paid for by Rena owners/Insurers.

These works include nautical lights put out on rocks near the island for safety,

the recent toilet block and septic tank put in for the Marae, a new tractor and

construction of a new church (after our last church was seriously damaged by

Cyclone Lusi). These works were paid for out of the compensation claim made

against the Costamare Shipping Company by the Motiti Rohe Moana Trust /

Motiti Marae Committee. I am not aware of any of the compensation paid to

Ngati Awa in 2014 from the limitation fund being spent on Motiti Island for its

Te Patuwai community.

18. The applicant and Owner of MV Rena have shown alot of respect and genuine

commitment to consult meaningfully with the Motiti community. MEMI have

considered the issues facing the future of Motiti Island and our island

community. MEMI believe allowing consent to abandon the remaining parts of 10

the wreck on the Otaiti Reef is the best and only realistic course of action. The

owners have made huge efforts over the last four years through salvage and

extensive recovery operations to return our island environment and waters as

close as practicable to their previous state.. The Rena Owners ongoing efforts

and commitment to consult with us and work hard towards recovery of the

Reef has been appreciated.

19. Ngati Awa’s and Te Patuwai Hapu’s evidence has focussed on the sickness of

our people from discord and upset inter-hapu, stating it is due to the Rena

Application. With respect, these conflicts have been there for a long time, at

least since the introduction of a District Plan and Hapu Management Plan.

Environmental degradation issues facing our Island have also been there long

before the Rena and need to be addressed by our people to protect our Island

and our Motiti community’s way of life.

20. I strongly believe a focus on the Island, and more infrastructure and restoration

projects to benefit Motiti and Tangata Whenua, rather than litigation, is a way

to restore our people’s health and reunite us all. I believe Otaiti’s restoration in

its Mauri is reflected in the video footage, which shows how rich in sea life it 11

now is. As stated by some of the experts, the fishing stocks out at Otaiti have

been able to recover from the no fishing exclusion zone.

21. If consent is granted and a Motiti Project Fund is established, we will finally be

able to obtain closure of this ongoing conflict amongst our people and look

positively to the future. MEMI’s positive approach has had increasing support

through the course of this hearing from Motiti Tangata Whenua landowners,

with our membership numbers increasing significantly over the last month. The

Motiti Project fund will help mitigate effects and enable investment in projects

for a better brighter future for all of the Motiti community. MEMI thinks that

the cultural and environmental damage of the wreck either has already been

remedied or can be, though the conditions as offered and set out by the

Applicant.

PETER GRANT 12

nd DATED this 2 day of October 2015