BOARD OF INQUIRY TUKITUKI CATCHMENT PROPOSAL PLAN CHANGE, NOTICE OF REQUIREMENT AND RESOURCE CONENTS

IN THE MATTER of the Resource Management Act 1991

AND

IN THE MATTER of a Board of Inquiry appointed under s149J of the Resource Management Act 1991 to consider a plan change request and applications for a notice of requirement and resource consents made by Hawke’s Bay Regional Council and Hawke’s Bay Regional Investment Company Ltd in relation to the Tukituki Catchment Proposal.

BETWEEN NGĀTI KAHUNGUNU IWI INCORPORATED

AND HAWKE’S BAY REGIONAL COUNCIL

AND HAWKE’S BAY REGIONAL INVESTMENT COMPANY LTD

STATEMENT OF EVIDENCE OF NGATAI HUATA ON BEHALF OF WAIPATU MARAE

8 OCTOBER 2013

Solicitors PO Box 1654 Telephone: (04) 495 9999 Facsimile: (04) 495 9990 Counsel: J P Ferguson / K L Allan WELLINGTON

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TABLE OF CONTENTS

INTRODUCTION ...... 1

SCOPE OF EVIDENCE ...... 2

WAIPATU MARAE AND THE TUKITUKI RIVER ...... 2

The Guardianship by the Taniwha of the Water Source ...... 2

My memories of the Tukituki River ...... 3

Waipatu was not consulted on the Proposal ...... 5

OUR POSITION ...... 5

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INTRODUCTION

1. My full name is Ngatai Huata.

2. I whakapapa to Ngāti Kahungunu. In particular, to Ngāti Kahungunu ki Heretaunga (Ngāi Te Whatuiāpiti, Ngāti Rangikoianake, Ngāti Ngarengare, Ngāti Papatuamāro, Ngāti Hine Te Wai, Ngāi Te Ao, Ngāti Hawea, Ngāti Hori and Ngāti Hinemoa) and to Ngāti Kahungunu ki Te Wairoa (Waikaremoana-Ngāi Tane, Te Wairoa - Ngāi Tama-Te-Rangi, Te Wairoa- Ngā Tokorima a Hinemanuhiri, Waikaremoana-Ngāti Ruapani, Mohaka- Ngāti Pāhauwera).

3. I also whakapapa to Ngāti Porou-Waima Marae and Te Whānau Te Aotawarirangi. My whakapapa also extends to Ngāi Tūwharetoa-Ngāi Te Rangiita.

4. I descend from Ngā Wai o Wairua (the Marriage of 2 Spiritual Waters):

‘Ko te Mahara O Ngā Wai o Wairua’

E tū ana tēnei taonga he tohu whakamaharatanga ki ōku mātua tūpuna … E ngā Kurupounamu e noho nei nā i Rangiātea Ko Tamatea-Āriki-nui rāua ko Tōtō Ko Rongokako rāua ko Muriwhenua Ko Tamatea-urehaea-pōkaiwhenua-pōkaimoana rāua ko Iwi-pupu-te kura Ko Kahungunu rāua ko Rongomaiwahine Ko Kahungunu rāua ko Pouwharekura Ko Kahungunu rāua ko Ruarauhanga Ko Kahungunu rāua ko Ruareretai Ko Tapuwae rāua ko Hinemanuhiri Ko Whakaha rāua ko Mēri Ko Te Hira Te Ota rāua ko Winipere Ko Tamihana rāua ko Rīpeka Ko Henare rāua ko Ākenehi Ko Hemi rāua ko Ropine Ko Paraire rāua ko Kuini Ko Te Amorangi Canon Wiremu Wi Te Tau Huata rāua ko Ringahora Hêni Ngākai Ybelle Tomoana Huata kia rāua - ‘Ko Ngā Wai o Wairua. Anei rā he uri o rātou ma …

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5. I am the mandated representative for Waipatu Marae on ‘He Toa Takitini’, the entity mandated to settle historic Treaty of Waitangi claims. I am also a member of the He Toa Takitini Executive, and I was the original Convenor that set up the Whare Kōrero, Treaty Claims wānanga for He Toa Takitini.

6. I have Bachelor of Māori Performing Arts from Te Wānanga Whare Tapere o Takitimu (1996-1999) and a Masters in Mātauranga Māori from Te Wananga o Raukawa (2000-2007).

7. I am authorised to make this statement of behalf of Waipatu Marae for the purposes of supporting the submission made by Ngāti Kahungunu Iwi Incorporated.

SCOPE OF EVIDENCE

8. My evidence is intended to cover:

(a) the significance of the Tukituki river to Waipatu Marae;

(b) consultation with Waipatu on the Ruataniwha Water Storage Scheme (the RWSS) Tukituki Catchment Proposal (the Application); and

(c) the effects of the Application on Waipatu.

WAIPATU MARAE AND THE TUKITUKI RIVER

9. Waipatu Marae of the hapū, Ngāti Hawea, Ngāti Hori and Ngāti Hinemoa, is an integral part of the waters of the Tukituki Awa. The waters of Heretaunga have served and nourished Ngāti Hawea, Ngāti Hori and Ngāti Hinemoa for centuries.

10. There are generations of history relating to baptisms in the rivers, hunting, fishing, swimming and living with our waters. These activities demonstrate how our lands and waters have provided for our spirituality, our sustenance, and wellbeing.

The Guardianship by the Taniwha of the Water Source

11. Waipatu Marae and our hapū are connected with our spiritual guardians of the waters and wetlands. We also respect the many other taniwha guardians that protect their own waters including Karukaru of Te Awa o Te Atua o Ngaruroro. KLA-100293-2-43-V9:ARB 2

12. We are sheltered under: our ancestral maunga Rongokako, Kahuranaki whose wives were Kahurangi and Kauheihei, Koro Kaweka and Ruahine; Whakaahu the star of Kahuranaki; and The Mangaroa Milkyway Galaxy. We are nestled in the Haukunui under the protection of the many other guardians of the different waterways of Heretaunga. As we have learnt through the Whare Wananga Waikawa, Whakatauira o Te Waka Takitimu and Te Kete Tuawha, the cosmology of Nga Whetu Rangitia links directly to the guardians of the Tukituki Awa.

My memories of the Tukituki River

Heretaunga Ararau Heretaunga of Arcadian Pathways

Heretaunga of 100 Chiefs

Heretaunga Haukunui Heretaunga of Fertile Alluvial Plains

Heretaunga Ringahora Heretaunga People of out-stretched

open-handed, warm embracing hard-

working hands

Heretaunga Te Haaro Te Kaahu The Beauty of the Heretaunga Plains is

best

Heretaunga Takoto Noa seen through the ‘Eye of the Hawk in

Flight’

13. As demonstrated in the whakatauki set out above, Heretaunga is a fertile land and has provided for us for generations. The Tukituki Awa, as an integral part of that landscape, has similarly nourished and fed our maara kai for generations, providing kai and nourishment for our whānau, hapū and iwi.

14. We have lived on our hapū lands of our tino tipuna, Manaena, which we succeeded to through our Nannie, for several generations. Every year, our uncles would plant out our whenua in market gardens, the water was fed through from the aquifer.

15. Our whenua was called Te Wairua which my father Taanga Tomoana inherited through his father Paraire Henare Tomoana, who in turn inherited

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the land from his father, Henare Tomoana, who in turn inherited the land through his esteemed great grandmother, Mareikura Winipere.

16. We were raised upon the Wairua Whenua, located along Lawn Rd leading to the Mill Rd, Black Bridge, on the way to Haumoana and Te Awanga. Wairua Whenua backed on to the Tukituki River.

17. The Tukituki River gave sustenance and nourishment to our Wairua Whenua by generic organic natural irrigation. We were surrounded by farmers, market gardeners and orchardists, who all installed irrigation pipes and tiled the land against flooding. Every time the Tukituki flooded, Wairua Whenua was the only land along Lawn Rd that never flooded.

18. Every summer, we would pack up our old truck and tractor and drive down to the Tukituki, from St Georges Rd, Waipatu to Mangateretere then turn off to Haumoana along Lawn Rd, past Uncle Taanga’s place, then we would head over Mill Rd Black Bridge and drive along the embankment to a clearing, and set up camp. I have attached as Appendix 1 a copy of a map that shows the Tukituki River in relation to Waipatu and Mangateretere.

19. We would put up two large tarpaulins, set up our camp cooking area, and stay there sometimes for up to a month. The weather was always fine, sunny and each day Dad and the uncles would go to work at the Tomoana and Whakatu freezing works, and us kids would stay down by the Tukituki river, playing in and around the river.

20. We roped a big rope from an overhanging tree and had lots of fun, swinging down into the natural lagoons that were a part of the river course back in those days, or riding in our small boat and most times in an old bath tub. All us kids would cram into the bath tub, having heaps of fun.

21. When the whitebait and smelts were running, Dad, Uncle, Mum taught us kids how to whitebait. We were always fishing, and eeling and that was our kai for the day. What we fished for and caught is what we had to eat.

22. The Tukituki Awa was a very safe river, and as children we spent many long hours living in and around and off the Tukituki River.

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23. My concerns about the RWSS and the Application, on behalf of Waipatu marae, include:

(a) The negative impacts on the māuri of the Tukituki caused by the effect of the RWSS on the flow of the river, the increase in paru and pollution, which will affect the mauri of the people of Waipatu marae.

(b) The Tukituki river will no longer serve as a mahinga kai because the RWSS will have negative effect on the fish stocks, including tuna.

(c) Our whānau will no longer enjoy the same relationship with the Tukituki that we have. Our mokopuna (grandchildren) will not be able to spend the days playing in the river as I did when I was a child, nor will we be able to receive sustenance for the whānau, hapū through mahinga kai gathered from the Tukituki River.

Waipatu was not consulted on the Proposal

24. In addition to the concerns raised above, we are concerned about the RWSS and the Application because we were not consulted about the proposition of either of those matters.

25. There was a hui in Waipukurau and the idea was vaguely discussed 10 years ago, however, there was a lot of conflict surrounding the issue. There has also been insufficient information provided to us, and the Hawke’s Bay Regional Council have never contacted us as Kahungunu mana whenua, hapū or marae.

26. We consider that we should have been thoroughly consulted, and kept informed about the Proposal. Any change to the Tukituki river that will have a consequence to the way in which we can access food from the river should have been discussed with Waipatu. We rely on the river as a source of water for the livelihood of our marae, and for the whānau and community of Waipatu.

OUR POSITION

27. On behalf of the Waipatu marae, I object to the proposed RWSS in the headwaters of the Tukituki river for the following reasons:

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(a) The Tukituki river will become a trickle if the Application is approved.

(b) The building of the RWSS will mean that a minority is taking the water away from the people.

(c) The water has always been ours to access and there has been no discussion of how the RWSS might affect this access.

Signed by Ngatai Huata

On this day the 8 October 2013

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Appendix 1 – Waipatu and the Tukituki River

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