Cultural Impact Assessment of the Proposed Waikeria Prison Expansion

Cultural Impact Assessment of the Proposed Waikeria Prison expansion

Prepared by Te Onewa Consultants for Department of Corrections 6 March 2017

Prepared by Antoine Coffin, Consultant

Te Onewa Consultants Limited

Reference Coffin, Antoine. Cultural Impact Assessment of the Proposed Waikeria Prison expansion

File name: Final Draft Waikeria Cultural Impact Assessment_v1.5_ 17032017

Address for service Boffa Miskell Ltd

PO BOX 91 250

Level 3, IBM Centre

82 Wyndham Street

Auckland

Prepared for Boffa Miskell Ltd

Ultimate client is the Department of Corrections

Image front cover Waikeria Prison for WW1 objectors, c.1923 by Archives New Zealand

Tokonui Blocks

Copyright The right of Antoine Coffin to be identified as the author of this work has been asserted in accordance with the Copyright Act 1994.

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Table of Contents 1.0 Introduction ...... 5 1.1 Proposal and Purpose ...... 5 1.2 Cultural Impact Assessments ...... 5 1.3 Methodology ...... 8 2.0 Statutory Context ...... 9 2.1 Resource Management Act 1991 (RMA) ...... 9 2.2 Heritage New Zealand Pouhere Taonga Act 2014 ...... 10 2.3 Protected Objects Act...... 10 2.4 Otorohanga District Plan ...... 11 2.5 Te Ture Whaimana - Vision and Strategy ...... 11 2.6 Te Rautaki Taiao a Raukawa ...... 12 2.7 Ko Tā Maniapoto Mahere Taiao ...... 13 2.8 Maniapoto Priorities for Restoration of the Waipa River ...... 14 2.9 Tai Tumu Tai Pari Tai Ao (Waikato-Tainui Environmental Plan) ...... 14 3.0 Background ...... 16 3.1 The site ...... 16 3.2 The proposal ...... 16 3.3 Tangata Whenua ...... 19 3.4 Te Kaumatua Roopu o Waikeria ...... 22 3.5 Known history of the site and area ...... 22 3.6 Ngā wai – rivers and streams ...... 23 3.7 Wāhi tapu and sites of significance ...... 25 3.8 Ngahere me ngā rākau – forests and flora ...... 31 3.9 Ngā mahinga kai – fisheries and food gathering ...... 31 4.0 Assessment of Iwi Management Plans and Relevant Planning Documents ...... 33 4.1 Raukawa Iwi Management Plan ...... 33 4.2 Maniapoto Environmental Plan ...... 33 4.3 Maniapoto Priorities for the Restoration of the Waipā River Catchment ...... 34 4.4 Waikato-Tainui Iwi Environmental Plan ...... 35 4.5 Otorohanga District Plan (Heritage Section) ...... 35 5.0 Key Consultation Outcomes ...... 35 5.1 Environmental Issues ...... 36 5.2 Wāhi tapu and sites of significance ...... 37 5.3 The expression of tikanga and kawa through protocols ...... 37 5.4 Treaty Settlements and return of ownership of lands to Iwi ...... 38

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5.6 Design, Facilities and Construction ...... 41 5.7 Rehabilitation, training and programmes ...... 41 5.8 Partnerships with iwi ...... 42 6.0 Assessment of Effects ...... 44 6.1 Effects on the relationship of tangata whenua with their ancestral lands ...... 44 6.2 Effects on the relationship of tangata whenua with their waters ...... 44 6.3 Effects on the relationship of tangata whenua with their forests ...... 44 6.4 Effects on the relationship of tangata whenua with their wāhi tapu, sites of significance and historic heritage ...... 45 6.5 Effects on the relationship of tangata whenua with their other taonga ...... 45 6.6 Having particular regard for Kaitiakitanga ...... 45 6.7 Taking into account the principles of the Treaty of Waitangi ...... 46 6.8 Issues raised by Iwi and Kaumatua Roopu o Waikeria ...... 46 7.0 Conclusion ...... 46 8.0 Recommendations ...... 48 8.1 Recommended Measures to avoid, mitigate or remedy effects of the proposal ...... 48 8.2 Other Recommendations ...... 48 Key References ...... 50 Appendix A – Statutory Acknowledgement for the Pūniu River ...... 53 Appendix B – Māori Design Principles ...... 55 Appendix C – Wāhi tapu protocols ...... 57 Appendix D – Relevant Historic Heritage section of the Otorohanga District Plan (pp36-37) ...... 69 Appendix E – Responses to Te Rautaki Taiao a Raukawa - Raukawa Environmental Management Plan ...... 74 Appendix F – Responses to Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan 2015 ...... 83 Appendix G – Responses to Waikato-Tainui Environmental Plan 2013 ...... 99 APPENDIX H – High level Assessment of Te Ture Whaimana / Vision and Strategy for the Waikato River (Objectives) ...... 118 APPENDIX I – Map showing former land blocks taken for the purposes of the Tokanui Hospital / Waikeria Prison ...... 128

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1.0 Introduction 1.1 Proposal and Purpose

The Department of Corrections (the Department) has identified the development of a prison facility at Waikeria Prison, between Te Awamutu and Otorohanga, as an appropriate response to meet the rising demand for prisoner places in New Zealand. This approach has been agreed by the New Zealand Government. The Department therefore intends to give notice of requirement to Otorohanga District Council to amend the designation for the Waikeria site to allow up to 3,000 prisoners to be accommodated on the site. The increase in capacity will enable a new facility for 2,000 male prisoners to be built and provide for future demand if needed.

The current facilities on the Prison site can accommodate approximately 650 prisoners while the current designation for Waikeria Prison allows for up to 1,250 prisoners to be accommodated on the site. If the amendment to the designation is confirmed, the Department proposes to construct all new prison facilities on the site within the Building Zone shown on Figure 1 and 2.

The purpose of this report is to assess the potential Māori cultural effects of amending the designation to allow up to 3,000 prisoner places at Waikeria Prison. The assessment will focus on the potential positive and negative cultural effects on Raukawa, Ngāti Maniapoto and Waikato Tainui Iwi. The report will identify and recommend a range of measures that will avoid, remedy and mitigate any potential adverse effects of the proposed facility on Iwi cultural values and interests.

This cultural impact assessment (CIA) will inform the preparation of an Assessment of Environmental Effects (AEE) that will accompany a Notice of Requirement to amend the existing Designation for Waikeria Prison.

1.2 Cultural Impact Assessments

A CIA is a report documenting Māori cultural values, interests and associations with an area or a resource, and the potential impacts of a proposed activity on these. CIAs are a tool to facilitate meaningful and effective participation of Māori in impact assessment. Some iwi/hapū use the terms ‘Tangata Whenua Impact Assessment’, or ‘Tangata Whenua Effects Assessment’, to describe the impact assessment process and report.1

There is no statutory requirement for applicants or a territorial/regional council to prepare or commission a CIA. However, an assessment of impacts on cultural values and interests can assist both applicants and the council to meet statutory obligations in a number of ways, including:

• preparation of an AEE in accordance with a 171(1) of the Resource Management Act 1991 ('the RMA') • requests for further information under s92 of the RMA in order to assess the requirement • providing information to assist the council in determining notification status under ss95 to 95F of the RMA • providing information to enable appropriate consideration of the relevant Part 2 matters when making a recommendation on a notice of requirement under s171 of the RMA • consideration of appropriate conditions of the designation under s171(2)(c) of the RMA.

1 www.qualityplanning.org.nz (what is a cultural impact assessment)

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CIAs are often prepared to articulate the effects of a proposal or activity and are framed in response to Part 2 matters under the RMA, usually as part of a consent or requirement for a designation process. In particular, CIAs address:

• Recognising and providing for the relationship of tangata whenua with their ancestral lands, waters, forests, wāhi tapu and other taonga • Having particular regard for Kaitiakitanga • Having particular regard for historic heritage; and • Taking into account the principles of the Treaty of Waitangi.

A CIA may also include an Archaeological Assessment or survey (as a subcontracted separate report that provides tangata whenua with information needed to assess impacts on archaeological values from a cultural perspective).

1.3 Methodology

This section sets out the key tasks and work programme that supported the preparation of the CIA. In summary, the preparation of this CIA has included:

1. Identification of relevant iwi management plans and planning documents. These included the: • Maniapoto Environmental Management Plan, • Raukawa Environmental Plan, • Waikato-Tainui Environmental Plan, • Te Ture Whaimana o Te Awa o Waikato – the Vision and Strategy for the Waikato River, • Maniapoto Priorities for the Restoration of the Waipā River Catchment 2014. 2. A preliminary literature review of traditional and historical publications • Pei Te Hurinui Jones and Bruce Biggs. Nga Iwi o Tainui • Lesley Kelly. Tainui. • Roberton – History of the Te Awamutu District • Traditional History of Raukawa. John Hutton. 3. A review of documents lodged with Waitangi Tribunal for the Rohe Potae hearings. Some 19 folders of relevant documents were identified. 4. A scoping exercise was undertaken to identify the relevant iwi and the respective mandated representative bodies. The sources of information reviewed included: • Iwi management plans lodged with Waikato Regional Council • Relevant planning documents prepared by iwi authorities • Te Kahui Mangai website • Initial contact with representatives of iwi authorities in the area • Liaison with Waipa District and Otorohanga District Councils • Liaison with the Te Kaumatua Roopu o Waikeria • Liaison with staff managing the Waikeria Prison Community Liaison Group. 5. Contact with Waikato-Tainui regarding consultation and the Waikato-Tainui Environmental Plan. 6. Formal contact and liaison was initiated in November 2016 and meetings were held with Raukawa Settlement Trust, Maniapoto kaumatua and hapu representatives, and the Te Kaumatua Roopu o Waikeria between December 2016 and March 2017. 7. Recording of key matters raised in consultation and responses to these matters articulated in this cultural impact assessment.

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8. An archaeological survey and report was commissioned by the Department of Corrections to identify any known or recorded archaeological sites within the proposed building zone. 9. An ecological report was commissioned and reference to these matters in the CIA. 10. Early Māori Land Court ML Plans were collated and reviewed to identify and locate traditional names of waterways, pa sites and other landmarks. Some of these places are included in maps within this report. 11. Assessment of the three Iwi Management Plans was conducted to identify relevant provisions relating to the proposal, and responses both at this stage and later stages of the project are provided. These assessments were provided to iwi representatives for their feedback. 12. A high level assessment of the Te Ture Whaimana Objectives. 13. Two draft reports circulated to the Department to seek technical feedback on body of report including the recommendations. 14. Regular meetings with the Department and consultants regarding engagement and commitments to recommendations. 15. Development of draft Mmemorandum of Understanding. 16. Feedback from iwi regarding cultural impact assessment. 17. Finalising of final report.

2.0 Statutory Context 2.1 Resource Management Act 1991 (RMA)

The RMA is the primary statute which governs the use and development of natural and physical resources in New Zealand. It applies to all resources within New Zealand (including the coast), and to all people seeking to exercise rights, obligations or powers in relation to those resources. Māori values and world views are a feature of New Zealand’s environmental regulatory regime and have an influential role in the management of New Zealand’s natural and physical resources.

The primary Part 2 provisions expressly addressing Māori values require persons exercising functions under the RMA to:

• Recognise and provide for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other tāonga as a matter of national importance (section 6(e)). • Recognise and provide for the protection of protected customary rights as a matter of national importance (section 6(g)). • Have particular regard to kaitiakitanga (section 7(a)). • Take into account the principles of the Treaty (section 8).

The RMA provisions require substantive and procedural recognition of Māori values. The substantive provisions (such as Part 2) recognise that Māori values and world views will influence the outcome of RMA decisions and are to be given practical effect in policy and planning instruments and consenting processes.2

2 Making Good Decisions Workbook. A Māori Values Supplement. Dec 2010. pages 283-284

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The RMA recognises the role of iwi management plans3 in the preparation of regional policy statements, regional plans and district plans. Iwi management plans are an important tool in informing the preparation and assessment of applications for resource consent and designations.

2.2 Heritage New Zealand Pouhere Taonga Act 2014

The HNZPTA provides for the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand. It requires that modification or destruction of an archaeological site needs an archaeological authority and sets out penalties for the unauthorised modification or destruction of archaeological sites. It outlines the regulatory function for HNZPT to control activities that may modify or destroy archaeological sites, including archaeological research investigations. It is based on the presumption that sites are avoided in the first instance. However, it also requires HNZPT to manage activities affecting sites in such a way as to balance the benefits of land use and the interests of landowners, with the safeguarding of archaeological heritage.

To recognise and respect the Crown’s responsibility to give effect to the Treaty of Waitangi, the HNZPTA contains specific provisions relating to the functions, powers and delegations of the Māori Heritage Council and processes relating to the archaeological authority process, including:

• information requirements for applications, • determining applications relating to sites of interest to Māori including emergency authorities, • notification of decisions, • recommendations for exploratory authorities affecting sites of interest to Māori, • having regard to any statutory acknowledgment, • taking steps to prevent activities affecting archaeological sites from continuing without an authority, and • appeal rights.

HNZPT has special obligations under additional statutes in relation to its administration of the archaeological provisions. These include the Marine and Coastal Area (Takutai Moana) Act 2011, and provisions for specific areas of statutory acknowledgement in settlement statutes. The HNZPTA also complements the Resource Management Act 1991 (RMA) and the Protected Objects Act 1975.4

2.3 Protected Objects Act

The Protected Objects Act 1975 is administered by the Ministry for Culture and Heritage which regulates:

• the export of protected New Zealand objects, • the illegal export and import of protected New Zealand and foreign objects, and • the sale, trade and ownership of taonga tūturu, including what to do if you find a taonga or Māori artefact.

3 A relevant planning document recognised by an iwi authority, relevant to the resource management issues of the region/district and lodged with the relevant council(s).

4 Heritage New Zealand. Statement of General Policy – The Administration of the Archaeological Provisions under the HNZPTA 2014. page 4

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Cultural items derived from an archaeological site may include taonga tūturu and may be regulated by the Protected Objects Act.

2.4 Otorohanga District Plan

The Otorohanga District Plan (ODC Plan) became operative on 30 October 2014. The ODC Plan sets out objectives and policies for historic heritage and identifies four New Zealand Archaeological Association (NZAA) sites on Map M7 within the Waikeria designation which are listed in Appendix 8 of the ODC Plan.

The appendix contains ‘Category B - Recorded Archaeological Sites’ which are described as a schedule of recorded archaeological sites [that have] been sourced from the New Zealand Archaeological Association. The Category B sites have been surveyed but to a lesser accuracy than that of Category A sites. While the general location of these sites has been mapped, there is no guarantee as to the accuracy of any given site. This is reflected in the rules which relate to the setback of proposed activities from Category B sites before resource consent is required to be obtained.5

At Chapter 21, pages 75-77, the ODC provides permitted activity performance standards for Historic Heritage Sites and Notable Trees. A proposed building and/or earthworks is not to be carried out within 100 metres of a recorded Category B archaeological site identified on the Planning Maps and/or in Appendix 8.6

At page 36 ODC Plan Issue-Historic Heritage the ODC states that the Council has identified recorded archaeological sites within the district on the planning maps. This information has been derived from the NZAA database. This database is under constant review and the level of accuracy is increasing as a result of improved recording techniques.7 The Plan sets out a significant issue, one objective, and nine policies regarding historic heritage on pages 37 and 38. An assessment of these policies is contained in Appendix D. In addition to this report an archaeological survey and assessment has been conducted.

2.5 Te Ture Whaimana - Vision and Strategy

Te Ture Whaimana o Te Awa o Waikato – the Vision and Strategy for the Waikato River is contained within Schedule 2 of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 Act. The Vision and Strategy is a key part of the settlements for the five river iwi; Tuwharetoa, Ngāti Maniapoto, Te Arawa River Iwi, Raukawa and Waikato. Te Ture Whaimana o Te Awa o Waikato is referred to in the iwi management plans of Raukawa and Ngāti Maniapoto.

The Vision and Strategy is the primary direction-setting document for the Waikato River and its catchments, which includes the lower reaches of the Waipa River. The Vision and Strategy for the Waikato River sets out an overall vision to restore and enhance the river. Within the series of objectives for the Vision and Strategy is,

• Objective A. The restoration and protection of the health and wellbeing of the Waikato River. • Objective B. The restoration and protection of the relationship of Waikato-Tainui with the Waikato River, including their economic, social, cultural, and spiritual relationships.

5 ODC Plan, Appendix 8. page 162 6 ODC Plan, Historic Heritage Sites and Notable Trees, page 76 7 ODC Plan, Issues – Heritage. page 36

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• Objective C. The restoration and protection of the relationship of Waikato River Iwi according to their tikanga and kawa, with the Waikato River, including their economic, social, cultural and spiritual relationships. • Objective D. The restoration and protection of the relationship of the Waikato Region’s communities with the Waikato River including their economic, social, cultural and spiritual relationships. • Objective E. The integrated, holistic and coordinated approach to management of the natural, physical, cultural and historic resources of the Waikato River. • Objective F. Adoption of a precautionary approach towards decisions that may result in significant adverse effects on the Waikato River, and in particular those effects that threaten serious or irreversible damage to the Waikato River. • Objective G. Recognition and avoidance of adverse cumulative effects, and potential cumulative effects, of activities undertaken both on the Waikato River and within its catchments on the health and wellbeing of the Waikato River. • Objective H. The recognition that the Waikato River is degraded and should not be required to absorb further degradation as a result of human activities. • Objective I. The protection and enhancement of significant sites, fisheries, flora and fauna. • Objective J. The recognition that the strategic importance of the Waikato River to New Zealand’s social, cultural, environmental and economic wellbeing is subject to the restoration and protection of the health and wellbeing of the Waikato River. • Objective K. The restoration of water quality within the Waikato River so that it is safe for people to swim in and take food from over its entire length. • Objective L. The promotion of improved access to the Waikato River to better enable sporting, recreational, and cultural opportunities.

2.6 Te Rautaki Taiao a Raukawa

Te Rautaki Taiao a Raukawa, Raukawa Environmental Management Plan was prepared by Raukawa Charitable Trust in 2015. At 243 pages long it is a comprehensive articulation of Raukawa views and perspectives across a broad range of environmental matters. The plan is endorsed by the Raukawa Kaunihera Kaumatua and the Raukawa Settlement Trust (the ultimate Governance entity for Raukawa).

As a result of Treaty settlement negotiations with the Crown, a further re-organisation occurred and the Raukawa Settlement Trust (RST), the Raukawa Charitable Trust (RCT), the Raukawa Asset Holding Company (RAHC) and Raukawa Iwi Development Ltd (RIDL) were formed in 2010.

Today, the Raukawa Group is headed by the RST, the mandated Iwi Authority, which forms the governance and representation arm of the organisation, representing 16 marae and numerous hapū. The RCT is the mandated by RST to represent and advocate for the social, environmental, and cultural aspirations of the iwi. The economic aspirations of the iwi are provided guardianship and direction through RIDL, which also receives its mandate from RST.

There are 16 marae who have mandated RST. These are Ūkaipō, Tāpapa, Rengarenga, Ruapeka, Tangata, Papaaramu, Whakaaratamaiti, Ngātira, Mangakāretu, Pikitū, Ongāroto, Mōkai, Aotearoa, Ōwairaka/Rāwhitiroa, Pārāwera, and Whakamārama.8

8 www.raukawa.org.nz/about-our-iwi

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Te Rautaki Taiao a Raukawa is an environmental management plan for the purposes of the Tuwharetoa, Raukawa and Te Arawa River Iwi Waikato River Act 2010, Part II, sections 61, 66, 74 and 104 of the RMA, and incorporates the entirety of the Raukawa Fisheries Plan.

The spatial extent of the plan covers an area of interest that includes the Waikeria Prison. The key issues identified in the Raukawa Environmental Management Plan are:

• Waikato Vision and Strategy • Water quality and conservation • Protection and restoration of wetlands • Employment, training and internships • Protection and access to wāhi tapu • Recognition of Te Reo Raukawa • Building capacity of Marae • Amenity, visual effects, noise.

A full response to relevant matters contained within the Raukawa Environmental Management Plan are included in Appendix D.

2.7 Ko Tā Maniapoto Mahere Taiao

Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan (the Plan) was prepared by Maniapoto Māori Trust Board in late 2015. This 118 page document is the second plan replacing the 2007 plan.

Maniapoto Māori Trust Board has also commissioned a report that identified key priorities in the restoration of the Waipa River. A summary is contained in section 2.8 of this CIA.

Maniapoto Māori Trust Board is the mandated iwi authority of Ngāti Maniapoto for Treaty settlements (Māori Trust Board Act (1955)), fisheries and resource management. For the purposes of Section 35A of the RMA, the Maniapoto Māori Trust Board is the iwi authority for Maniapoto and the Maniapoto Environmental Management Plan is a relevant iwi planning document.

The plan aims to:

• give effect to the overarching purpose of Ngā Wai o Maniapoto Waipā River Act 2012 (Waipā River Act) to restore, maintain, and protect the quality and integrity of the waters that flow into and form part of the Waipā River for present and future generations. • raise awareness and understanding of Maniapoto values, interests, and aspirations in the management of physical and natural resources. • outline issues that Maniapoto perceive to affect Maniapoto values, interests and aspirations in the management of physical and natural resources. • outline expectations, through policies and actions, that should resolve the above issues.

The area of interest covered by the plan has the following spatial extent:

• Eastern boundary along the Rangitoto-o-Kahu and Hurakia ranges • Western boundary with Aotea and Kawhia harbours and 20 miles to sea • Northern boundary from Raukūmara to the Waipingao Stream • Southern boundary at Tūhua ranges • Shared boundaries with/along Wharepūhunga, Hauhungaroa and Tūhua Ranges.

A map of these boundaries can be found at page 15 of the Plan.

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The key issues in the plan relevant to the proposed prison proposal are:

• Participation in all aspects of decision-making • Resourcing to participate • Protection and access to wāhi tapu and significant sites • Enhancement of the Waipa River • Indigenous habitat protection and enhancement • Water quality • Wetland preservation, protection and enhancement • Site management plans and accidental discovery protocols for archaeology, taonga and other resources.

A full response to relevant matters contained within the Plan is included in Appendix F.

2.8 Maniapoto Priorities for Restoration of the Waipa River

Ngāti Maniapoto Trust Board have indicated that the Maniapoto Priorities for the Restoration of the Waipā River Catchment 2014, prepared by NIWA for the Maniapoto Māori Trust Board is a relevant document that should be considered in this project. The document describes Maniapoto aspirations, values, issues and priorities for the restoration of the Waipā River. It is anticipated that the responses suggested in this report will inform and direct future restoration actions and efforts in the catchment for the benefit of the Waipā River.9

The report sets out four overarching kaupapa or objectives. These are:

• The waters of the catchment need to be the subject of restoration efforts; • Management of significant sites; • Restoring the rivers for non-kai uses such as waka ama, rongoā, swimming, etc; and • The rights of whānau to use their lands and resources.

The report also identifies the following five priority issues; water quality, erosion and high sediment inputs, loss of habitat, changing shape of the rivers; and declining populations of species.

2.9 Tai Tumu Tai Pari Tai Ao (Waikato-Tainui Environmental Plan)

Waikato-Tainui have requested that the project refers to the Tai Tumu, Tai Pari, Tai Ao (Waikato-Tainui Environmental Plan). The plan is 269 pages and covers a comprehensive list of environmental issues.

The plan was prepared by Waikato-Tainui Te Kauhanganui Incorporated, the mandated iwi authority at the time. The plan is a recognised iwi planning document for the purposes of the RMA (sec 35A), Waikato River Act (sections 40 & 94) and clause 9 of the Waikato-Tainui Deed of Settlement.

The Plan applies generally to the area populated by Waikato-Tainui marae including Manukau harbour in the north to Te Kuiti in the south, the west coast to Ngatira in the east.

The overarching purpose of the plan is to provide a pathway that will return the Waikato-Tainui rohe to the modern day equivalent of the environmental state that it was in when Kiingi Taawhiao composed his maimai aroha. In doing this the plan seeks to:

9 National Institute of Water & Atmospheric Research Ltd. Maniapoto Priorities for the Restoration of the Waipā River Catchment. December 2014. Page 10.

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• Provide the overarching position of Waikato-Tainui on the environment; • Consolidate and describe Waikato-Tainui values, principles, knowledge and perspectives on, relationship with, and objectives for natural resources and the environment; • Underpin the development of a consistent and integrated approach to environmental management within the Waikato-Tainui rohe; • Describe Waikato-Tainui environmental issues; • Provide tools to enhance Waikato-Tainui mana whakahaere and kaitiakitanga, particularly when participating in resource and environmental management through: o Influencing the development of all environmental policies and plans that affect Waikato-Tainui; o Establishing a framework for resource and environmental management to support tribal members, whether as whaanau, marae, hapuu, or whatever grouping Waikato- Tainui, from time to time, choose to adopt; o Providing mechanisms to restore and protect the natural environment of Waikato- Tainui, whilst recognising the reasonable needs of local communities; o Actively contributing to the co-management of the Waikato River; o Influencing local and national decision makers; o Providing a guide for resource users or developers in the Waikato-Tainui rohe; o Affecting how and where development may occur; and o Providing clear and consistent issues statements, policies, and methods to manage natural resources. • Provide guidance to external agencies regarding Waikato-Tainui values, principles, knowledge and perspectives on, relationship with, and objectives for natural resources and the environment.10

The key issues in the plan relevant to the proposed prison proposal are:

• Recognising customary activities including fishing and hunting • Enhancing biodiversity particularly restoration of wetlands • Identifying and protecting sites of significance including wāhi tapu • Managing the accidental discovery of taonga, koiwi and sites of significance • Actively engaging with Waikato-Tainui • Providing adequate for wastewater infrastructure capacity • Apply cultural and environmental principles to design.

A full response to relevant matters contained within the Waikato-Tainui Environmental Plan is included in Appendix G.

10 Waikato-Tainui Iwi Environmental Plan 2013. p16

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3.0 Background 3.1 The site

Waikeria Prison is located within a 1,276 hectare designation area on Waikeria Road, Otorohanga. It is approximately 11 km southeast of Te Awamutu and 18 km northeast of Otorohanga township. The legal description of the Designation Area is Sec 3 SO 455234 (1229.84 Hectares) and Sec 1 SO 455324 (43.7 Hectares).

The site is in use as a prison with restricted road access, several prison facilities and associated structures, but the majority of the site is a working farm. The proposed works will be situated within the building zone shown in Figure 2. The building zone contains an existing prison which will be left intact. Farm buildings are also present across the designation area with the remainder of the site in open pasture with some stands of trees in the west. The eastern edge of the designation area is bounded by the Mangatutu Stream, a tributary of the Puniu River. The scope of the project will also include bridge improvement works (location also shown in Figure 2) and possible roading improvements. A bridge crosses the Mangatutu Stream just outside the eastern edge of the designation area.

3.2 The proposal

The Department is proposing to increase the capacity on the existing Waikeria Prison site by amending the current designation to allow up to 3,000 prisoners to be accommodated on the site. The Department will submit a ‘Notice of Requirement’ to Otorohanga District Council in April 2017 to amend the conditions of the existing designation.

The increase in capacity will enable a new facility for 2,000 prisoners to be built and provide for future demand if needed. The existing designation in the Otorohanga District Plan allows up to 1,250 prisoners to be accommodated on the site. The existing facilities on the site can accommodate up to 650 prisoners.

To enable an increase in capacity Corrections is proposing to:

• change the existing designation in the Otorohanga District Plan to allow up to 3,000 prisoners to be accommodated on the site • obtain associated resource consents for earthworks, stormwater discharge and removal of contaminated material from the site if required • build a new facility on the site within the identified Building Zone, if the designation change is approved and resource consents obtained.

The new facility will be located within the Building Zone (see Figure 2) and is likely to include the following:

• prisoner accommodation blocks • commercial kitchens and laundries to service the prison • staff security management centre • staff offices • gatehouse • trade workshops • meeting rooms to support rehabilitation programmes • visitor facilities for prisoners meeting with friends / whānau • prisoner receiving office.

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Indicative facilities outside the secure perimeter but within the designation may include:

• visitors centre • facilities management offices & workshop • car park • staff administration • staff training • external deliveries store.

The design, construction and maintenance of the new facility will be tendered to a private partner to be signed in April 2018. As such this assessment is being conducted on the basis of a set of design parameters. At the time of this assessment the design parameters were as follows.11

Parameter Description of proposed parameter Prisoner Numbers Accommodation for the management of up to 3,000 prisoners. Prisoner Type Men or Women. No maximum security prisoners. Activity Corrections uses and the housing of prisoners.

Building Height 12m in Building Zone excluding lighting, security devices, poles, sallyport and roof projections.

Height of Primary Physical Barrier 6 metres. Secure perimeter Will include: • Primary Physical Barrier • Fences outside the Primary Physical Barrier • An access road around the outside of the fences • A surveillance strip outside the access road. Building location No building constructed after [date of confirmation of NoR] capable of accommodating prisoners overnight will be located outside the Building Zone. Building materials Use non-reflective glass and roof materials and a recessive colour scheme. Car parking and access The extent of car parking and changes to the roading layout on the site will be determined by the traffic engineers in due course. Emergency access arrangements Any changes required to the emergency access arrangements for the site will be determined by Department of Corrections and the traffic engineers in consultation with the Police and emergency services. Construction noise The construction activities will comply with the requirements of NZS 6803 Construction Noise. Prison/Community Liaison Group The existing requirement for a Community Liaison Group will continue to be complied with.

11 Department of Corrections. Proposed parameters – consultation poster. Dec 2016

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Notification of a significant security event A system for notifying community including direct phone contact. Table 1: Parameters for the new facility

The proposal will also include an upgrade of wastewater treatment at the site. The Waikeria Wastewater Treatment Plant (WWTP) provides treatment of wastewater from Waikeria Prison. The resource consent for operation of the current WWTP is due to expire in 2022. The Department engaged a team of consultants to investigate options for the treatment and disposal of wastewater from Waikeria Prison. The four options considered are summarised below. A final proposed option was selected following consultation with Iwi, Waikato Regional Council and Waipa District Council.

Table 2: The four options considered for wastewater treatment at Waikeria.

Option A was selected as a preferred option that avoided a direct discharge at site to the Mangatutu and the Puniu River. The reticulation of wastewater provides a long-term solution for wastewater treatment and maintenance that can be upgraded and improved over time.

No further potable water will be required for the new facility. The Department of Corrections holds a resource consent to take up to 1,000m3 of water from a groundwater bore on the Waikeria Prison site. This is sufficient to provide for up to 3,000 prisoner places and associated staff. The site also has an emergency water supply from a different groundwater bore to provide water to the site in the event of a problem with the main bore.

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3.3 Tangata Whenua

The three iwi who have identified interests at Waikeria are (in no particular order):

• Ngāti Maniapoto • Raukawa • Waikato – Tainui.

These iwi are represented variously by post-settlement governance entities and their subsidiaries. Ngāti Maniapoto is represented by the Maniapoto Māori Trust Board, Raukawa is represented by the Raukawa Settlement Trust and Waikato – Tainui by Te Whakakitenga o Waikato Incorporated.

The Maniapoto Māori Trust Board was established under the Maniapoto Māori Trust Board Act 1988 (the Act). The role and function of the Board has been set down in the Act and this gives the Board the legal mandate to work on behalf of, and represent, the “Maniapoto Tribe”.12 The Maniapoto Māori Trust Board is the mandated iwi organisation in the Māori Fisheries Act 2004, the iwi Aquaculture Organisation in the Māori Commercial Aquaculture Claims Settlement Act 2004 and represents Ngāti Maniapoto as an iwi authority for the purposes of the Resource Management Act 1991.13 The Maniapoto Māori Trust Board is a partner to the Co-management regime for the Waipa River in accordance with the Ngā Wai o Maniapoto (Waipa River) Act 2012.14

The Raukawa Settlement Trust (RST) is the post settlement governance entity of the South Waikato based iwi Raukawa and is the governance arm of the Raukawa Group. The RST was established in 2009, however, the roots of the iwi organisation stretch back to 1987 with the establishment of the Raukawa Trust Board. The RST, whose membership includes 16 Raukawa marae, is a vehicle to advance the collective interests of members and to ensure that the benefits of Treaty Settlements are protected for the benefit of present and future members.

The Raukawa Group is headed by the RST which forms the governance and representational arm of the organisation. The Raukawa Charitable Trust is the “engine-room” of the iwi organisation delivering environmental, social, health, cultural, treaty and corporate goals, and commercial investment and growth is undertaken by a company – Raukawa Iwi Development Ltd (RIDL). The fisheries asset is held within the Raukawa Asset Holding company and is managed by RIDL.15

Te Whakakitenga o Waikato Incorporated replaces Te Kauhanganui o Waikato as the successor entity and overarching governance structure for the Waikato Raupatu Lands Trust, the Waikato Raupatu River Trust and Tainui Group Holdings. Te Whakakitenga o Waikato has 68 Marae members, who elect ten of their number to an executive body called Te Arataura. One additional member (the Kaahui Ariki representative) is appointed to Te Arataura by the Head of the Kaahui Ariki, Kiingi Tuheitia.16

Waikeria is located at the frontier of all three iwi and it is acknowledged as an area with overlapping interests. At a local level there are a number of Marae located near Waikeria. These are listed below and shown in Figure 3.

12 www.maniapoto.iwi.nz/about-us 13 www.tkm.govt.nz/iwi/ngati-maniapoto 14 Nga Wai o Maniapoto (Waipa River) Act 2012, section 4 & 5 15 www.raukawa.org.nz/about-our-orgaisation 16 www.waikatotainui.com/about-us/governance-2/te-whakakitenga-o-waikato

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• The Raukawa Marae in the Wharepuhunga district include Whakamarama Marae, Owairaka (Rawhitiroa) Marae, Aotearoa Marae, and Pārāwera Marae. • The Ngāti Maniapoto Marae in the area include Kahotea Marae and Mangatoatoa Marae. • The Waikato – Tainui Marae in the area include; Aotearoa Marae, Kahotea Marae, Pārāwera Marae, and Owairaka Marae.

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Whilst Iwi and their respective post-settlement governance entities have statutory mandates and recognition, the traditional social-economic units of communities are hapū. Hapū may affiliate to one or more Iwi and change its association over time due to a number of factors, including marriages, shared user rights, warfare and migration. The Waikeria site and wider area as identified above, has a number of marae within proximity. These marae are ceremonial and social centres for hapū. These hapū include; Ngāti Apakura, Ngāti Korokī, Ngāti Raukawa Ki Panehākua, Te Taumata Ngāti Ruru, Ngāti Werokoko, Ngāti Haua, Ngāti Paretekawa, Ngāti Ngutu.17

3.4 Te Kaumatua Roopu o Waikeria

Te Kaumatua Roopu o Waikeria was established in the 1970s to provide cultural support and advice to the Waikeria Prison staff and management. The work of the members is focussed on supporting the operations of the Prison. Members of the roopu are representatives or members of Ngāti Maniapoto, Ngāti Apakura and Raukawa iwi, hapū and marae.

The roopu has been engaged during this project to seek their input and advice regarding the wāhi tapu protocol and their feedback on aspects of the project. A wāhi tapu protocol was developed and signed in 2007.18

3.5 Known history of the site and area

There does not appear to be a comprehensive and definitive record of traditions relating specifically to Waikeria. There are several accounts of particular events, ancestors and places for the Te Awamutu district, Rohe Potae (King Country) and wider Tainui rohe. A number of notable historians, ethnologists and public servants such as Gudgeon (1893), Pomare and Cowan (1930), Kelly (1940), Roberton, and Fin Phillips (1981) have focused on inter/intra tribal warfare, in particular the period 1810-1865 that involved the arrival of the musket, large scale migration and the Waikato Land Wars and subsequent land confiscations. This is not surprising as many of their informants would have lived during this period or were within living memory of their forebears. Narratives relating to the longer earlier periods of peace and the mundane complexities of user rights, settlement and occupation appear to have been overlooked in favour of great deeds of battle and retribution.

The works of Pei Te Hurinui Jones, published in Nga Iwi o Tainui19 and contemporary historians and witnesses such as Te Hiko (2010), Taitoko (1998) and others who prepared material for the Waitangi Tribunal District Inquiries provide further detailed Iwi and hapū perspectives that are rich, complex and cover large and discrete areas of the Central North Island. These accounts as a collective are a comprehensive body of work prepared over a hundred years.

This report does not attempt to synthesise the traditions and history of Tainui, rather refers readers to appropriate historical narratives. As a guide narratives follow consistent themes of:

• Early traditions of Ngati Kahupungapunga occupying lands from Puniu River southwards to Te Whakamaru range on the borders of the Lake Taupo district • Tainui waka ancestors arriving and their descent groups settle the land from west to east • The conquest of Ngati Kahupungapunga by Tainui descent groups • Tainui descent groups occupying lands from Auckland to Taupo, Kawhia to Tauranga • Inter and intra tribal warfare, alliances, marriages

17 www.waikatotainui.com/about-us/our-marae-and-hapuu 18 See Appendix C 19 Pei Te Hurinui Jones & Bruce Biggs. Nga Iwi o Tainui. 1995

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• Arrival of the musket and massive migration • Arrival of missionaries and settlers • Waikato Land Wars and confiscation • Land ownership and fragmentation • Land acquisition including compulsory land takings.

As part of this assessment material presented at the recent Rohe Potae hearings of the Waitangi Tribunal (1990-2014) was reviewed. The material provides little new light on traditions relating to Waikeria, however, do provide a detailed record of Crown land policy and acquisition (explained later in this section).

The ownership of the lands was highly contested before the Native Land Court in the late 19th Century, resulting in numerous titles being established to reflect the complex nature of traditional land tenure among rangatira, hapu and iwi. A history of the land acquisitions was prepared in 1998 by Wayne Taitoko.

The preceding commentary has revealed that in 1889 the Native Land Court determined ownership to 10,205 acres of land known as the Tokanui block. Over the next 109 years the block was sub-divided, partitioned, parts were sold, parts were taken for public purposes, parts were set aside for roadways and some of it retained by the owners for their use and enjoyment.20

Originally 1351 acres was set aside for reformatory farm purposes and was acquired by proclamation under the Public Works Act. However, as the prison expanded more land was designated for the prison, the bulk of this coming from land not required to establish Tokanui hospital. Over the years Waikeria prison expanded to the point where at one time it included the prison facility, a housing settlement, dairy and sheep farms, a sizeable orchard and a piggery. The prison currently occupies an area of 3202 acres (1280.5850 hectares) and still functions as such under the auspices of the Department. The blocks which make up Waikeria prison are as follows;

Part Tokanui lDl Part Tokanui C12A Part Tokanui C15A Part Tokanui C18A Part Tokanui C19A Part Tokanui C20A Part Tokanui C2lA Part Tokanui IE Part Tokanui C12B Part Tokanui Cl7B Part Tokanui C18B Part Tokanui C 19B Part Tokanui C20B Part Tokanui C2lB14.21 As at 1998, of the original 10,205 acres, some 415 acres was retained in Māori freehold title.22 A map showing the lands taken and the designation area is provided in Appendix G.

3.6 Ngā wai – rivers and streams

Rivers and streams possess special characteristics that influence Iwi sense of place, identity and connection physically, mentally and spiritually. Each river and stream has a name and identity and within each river, there are localities of specific and unique importance to their iwi. The sound, the smell, the look, the feel, and the taste of kai at each river may be different. These differences, and

20 Wayne Taitoko. A History of the Tokanui Blocks. A report commissioned by the Waitangi Tribunal. 1998. p42 21 Wayne Taitoko. A History of the Tokanui Blocks. A report commissioned by the Waitangi Tribunal. 1998. p43 22 Wayne Taitoko. A History of the Tokanui Blocks. A report commissioned by the Waitangi Tribunal. 1998. p42

Page 23 of 130 certainly the knowledge of their differences support deep and meaningful connections between Iwi members and waterbodies.23

Rivers and streams have played an important role in traditional Māori society. They are a source of food, a source of textiles or other materials, used traditionally in travel or trade, a place for performing rituals central to the spiritual life of the hapū, rivers have a mauri (life force), they are celebrated or referred to in waiata, celebrated or referred to in whakatauki, the Iwi have identified taniwha as residing in the water resource, the Iwi have exercised kaitiakitanga over the water resource, the Iwi have exercised mana or rangatiratanga over the water resource, and whakapapa identifies a cosmological connection with the water resource.24

The watercourses adjacent to the proposal are the:

Puniu River – located to the north of the Designation area. The Puniu River is a well-known landmark boundary for Ngāti Maniapoto and the significance of the Puniu River is recognised in a Raukawa Statutory Acknowledgement and Deed of Recognition (see Appendix A).

Mangatutu Stream – located on the eastern boundary of the designation. The Mangatutu is a tributary of the Puniu River.

Waikeria Stream – located within the western side of the property flowing from the south to the north and crossing the property (west to east) near the Building Zone. The Waikeria Stream is crossed by Waikeria Road Bridge.

Mangawharawhara Stream – located in the south-eastern side of the Designation Area. This small stream flows into the Mangatutu Stream. Also known as Mangawara, a shortened form of Mangawharawhara.

Mangamaire – this stream was located a little to the west of the Mangawharawhara Stream and was a tributary of the Mangatutu Stream.

Moerika Stream – this stream is located in the north-western section of the Designation area and was formerly bounded by a wetland along much of its length. The Moerika Stream is a tributary of the Puniu River.

Mangapaea Stream – this stream is outside the Designation Area, a little to the west of Moerika Stream.

The water courses are identified in figure 5 and 6 below.

23 Antoine Coffin. p27 24 Waitangi Tribunal. Stage 1 report on the National Freshwater and Geothermal Resources claim. Wai 2358. Indicia of ownership, 2012. p32

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ML 6157 14 showing streams flowing north to ML7476 showing Mangawara Stream and Puniu River. Mangamaire.

3.7 Wāhi tapu and sites of significance

Wāhi tapu are places of historical and cultural significance to Māori. Places of great cultural significance are regarded as wāhi tapu with different levels of tapu. Associations with important persons, with religious ceremonies, with death, sickness, burial, or baptism ceremonies; all may lead to places being classified as wāhi tapu.25 The tapu of a place refers to the level of restriction to behaviour and activities that can occur at that place at a certain time. The higher the level of tapu, the higher the restrictions on behaviour and activities. Places such as burial grounds (urupā), burial preparation areas (wāhi hahunga), ceremonial alters (tūahu) are places with high levels of tapu. Some places may have tapu for a certain amount of time, such as a place subject to a rāhui (restriction) for taking a resource or visiting. Other places may have a tapu due to their status or prominence such as a well-known mountain, river or association with an important event or ancestor. Tapu is one of the central values that underpins the totality of tikanga Māori.26

The presence of wāhi tapu and sites of significance in an area can be confirmed by a number of methods. This may include:

a. Primary research involving a review of Native Land Court records related to the determination of owners and the administration of any former or current Māori land holdings b. Review of any historic plans including survey office plans, public works plans and associated documents c. Review of statements of evidence and research reports before the Waitangi Tribunal and any subsequent findings and recommendations (reports) d. A search of the New Zealand Archaeological Association site recording scheme e. Archaeological survey (utilising historic aerial photographs, on the ground survey techniques – visual inspection, probe)

25 Hirini Moko Mead. Tikanga Māori. 2016. pp72, 73 & 74 26 Law Commission. Study paper 9. Māori Custom and Values in New Zealand Law. March 2001. p28

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f. A search of the Heritage New Zealand List of wāhi tapu, wāhi tapu areas, historic places, historic areas and wāhi tupuna g. Reviewing the schedules and maps of the district plan h. Reviewing relevant iwi management plans; and i. Consultation with Iwi.

There are four recorded archaeological sites within the Waikeria Prison designation area. All four sites are well outside the proposed Building Zone. The sites are also scheduled in the Otorohanga District Plan (2014).

Name Māori Original source of NZAA ODC Plan ref. Other term information Ref. Pa Pā Aerial S15/253 B161 Area A photograph Pits Rua Aerial tbc B229 Area C photograph Pits Rua Aerial tbc B230 Area C photograph Pits Rua Aerial tbc B231 Area C photograph Table 3: The four archaeological sites identified within the Waikeria designation area.

The pit sites were recorded from aerial photographs in 1977 by S. Edson of the Waikato Art Museum and do not appear to have been visited by an archaeologist since.

The pa site was recorded by W. Walsh during a site visit. Mr Walsh made a sketch drawing and made the following observations.

Interesting site as it is the only pa found on a bend of the Mangatutu Stream. Triangular shaped pa. Situated on high, flat section of ground with steep banks down to the Mangatutu Stream on two sides, and a bank down to a tributary creek on the third side. At the south-west end, across a neck of land there is a ditch which the stream runs through. The ditch is probably part of the site. No surface features were found on the neck of land. In the aerial photos there would appear to be a ditch at the north end of the pa. Notches in the banks support this. There is also a ditch and outer bank set into the steep bank of the south side of the pa; this has a ‘slit trench’ look about it. Pits show[n] on the aerial photos at the SW point above the ditch but these have been bulldozed away.27

The pa was visited again by Chris Mallows in 2008 following a report of bone being uncovered through vegetation clearance.

Attended site after contractors clearing vegetation from slope of pa found unidentified bone. Bone comprised small fragments, less than 2cm in diameter, of partial bone. Did not appear to be in-situ, but had eroded out from slope leading [to] top of pa site. Bone fragments buried onsite at request of Iwi.28

There are several wāhi tapu, sites of historic significance and place names identified on early Survey Office Plans and archived sketch drawings. These wāhi tapu including burial grounds appear to be for the most part outside the designation area and certainly outside the Building Zone. Discussions with

27 Site Record Form for S15/253 (N74/304) recorded by W Walsh, 20 October 1980 28 Site Record Form update for S15/253. Chris Mallows (Opus), 20 March 2008.

Page 26 of 130 the Te Kaumatua Roopu o Waikeria has identified three areas which may be subject to sites considered to be wāhi tapu. These have been identified as Areas A, B and C on Figure 4. All of these areas are close to the eastern boundary of the designation and well outside the Building Zone.

Several burial reserves are identified in a report by Wayne Taitoko prepared in 1999 to set out the Crown acquisition, administration and sale of Tokanui Blocks.

The land on which the Waikeria Prison sits was once part of the Tokanui block. The land was taken for a public work without consultation. There are important waahi tapu there. Inadequate provision has been made for these waahi tapu.29

The Taitoko report identifies some five wāhi tapu. Detailed research is required to confirm their location outside the designation area, however preliminary work suggests these are all outside the designation area. These places are:

• Hokokura burial reserve • Pukekawakawa burial reserve • One-acre burial reserve called Tokanui 1C • Tokanui burial reserve • Tutuhinau burial reserve (within Tokanui C9).

A large number of sites of significance have been identified in the wider landscape as part of statements of evidence and research reports prepared for the hearings of the Waitangi Tribunal Rohe Potae Inquiry. Many of these sites are identified in Figure 4.

29 Statement of Claim for Ngāti Apakura. Bennion Law. 13 December 2011. page13

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3.8 Ngahere me ngā rākau – forests and flora

The Ngahere (forest/bush) was a traditional resource for Māori. It was a source of food, clothing and building materials, as well as a refuge.

Waikeria appears to have traditionally been part of Nehe-nehe-nui (the great forest) which covered much of the King Country.30 The name Nehe-nehe-nui is synonymous with Ngāti Maniapoto traditions and mana motuhake.

Prior to European settlement which resulted in land development, the central Maniapoto region was once an ecological haven abundant in all the traditional provisions. It was referred to by our predecessors and it still is to this day as ‘Te Nehenehenui’ (the great forest).31

This forest was vast and stretched across much of the King Country. The Waikeria site is recorded to have been in thick Manuka and fern. This suggests that the site may have been cleared at the same time. It was normal practise for Māori to clear large tracts of land by fire and there are traditional accounts of fires burning out of control across the landscape.

‘Land upon which Manuka was growing 20 ft. high twelve months ago is now carrying oats, swedes and mangels, and all crops are looking well. Stumps 13 in. across were turned out by this plough without any difficulty.’32

A plan updated in 1914 of the mental hospital reserve… This plan, which has an original date of 1903, also gives some description of the land in this area (which is to the north and on higher elevations than the building zone) as undulating fern country, fern hills and flat land near the Mangatutu Stream. The plan also describes ‘native tracks’ and ‘Old Māori Rua’ near Kahukura in an area of fern hills just to the south of the Punui River and east of the Mangatutu Stream.33

As already mentioned, an ecological assessment has been prepared for the Waikeria site. The assessment summarises the current situation.

The Waipa ED is located in the southern end of the Waipa District. The District was originally almost entirely covered in indigenous vegetation (approx. 15 % forested, 80 % indigenous scrub and 5 % wetland habitat.) By 1995 this coverage had dropped to between 1-2 % vegetation remaining. Most of this ED is now farmed pasture and residential property.

The existing Waikeria Prison site is located in a largely pastoral landscape with a number of small stream gullies running through the pasture. There are no significant stands of indigenous forest within the Building Zone although remnant patches of indigenous bush occur across the landscape.34

3.9 Ngā mahinga kai – fisheries and food gathering

The term mahinga kai is commonly used to describe the activity of and the place of harvesting, collection, hunting and gathering of food resources. Mahinga is derived from the word mahi. As a

30 Tūhuatahi Tui Adams and Paul Meredith, 'Ngāti Maniapoto - Lineage, lands and settlements', Te Ara - the Encyclopedia of New Zealand, http://www.TeAra.govt.nz/en/ngati-maniapoto/page-1 31 Maniapoto Maori Trust Board. Te Rautaki Reo o Te Nehenehenui. 2009. p6 32 Department of Justice Prisons Branch (Report on), for the Year ending 31st December 1913 (p.8). taken from Draft Archaeological Report prepared by Clough and associates. 2016. p7 33 Ellen Cameron and Rod Clough. Archaeological Report prepared by Clough and associates. 2016. p10 34 Boffa Miskell Limited 2017. Ecology Waikeria Prison: Prison Capacity Project Phase 2. Report prepared by Boffa Miskell Limited for Department of Corrections. p3

Page 31 of 130 verb this is; to work, be occupied with, perform, procure and as a noun; work, occupation, function, abundance.35 The term kai refers to the activity of consuming or eating food and is also the noun for food.36

Mahinga kai, literally means; garden, cultivation, food-gathering place. Ko ngā otaota hoki o ngā pāmu kua maroke rawa atu, ānō he mea tahu ki te ahi. Waihoki me ngā tāngata Māori e auhi ana ki ā rātou mahinga kai (KO 15/1/1886:3). / And the grass of the farms has dried off completely as if it was burnt with fire. In addition, the Māori people are distressed about their gardens.37

The importance of water and food for sustenance of the individual, family, community, and ultimately the iwi is paramount. In a subsistence economy, such as pre-1864 river iwi, the survival of communities relied on a sustainable and dependable water and food supply from a range of sources. This provided immediate day to day nutrition but also, through preserving, fermenting, drying, smoking and other techniques, medium term storage for periods where harvesting was not possible (poor weather, cold seasons) and large events (feasts, celebrations). Fish and shellfish from rivers, streams, lakes and coastal areas, birds from forests and waterfowl from streams, forest fruits, berries, roots and macrophytes, fungi and mushrooms, insect larvae and in more recent times watercress all contributed to the diet of River Iwi.38

Over many generations techniques and methods for mahinga kai were practised and perfected. The activity of mahinga kai became a tradition and favoured spots were protected and revered through rituals, ceremonies and practises that passed knowledge from one generation to another. Mahinga kai became more than just the procurement of food for survival. Particular species became iconic to a community. The practise of manaakitanga (hospitality) was often an expression of a community’s wealth and particular species were often associated with a place or community. Manaakitanga is an important part of modern Māori society where guests are welcomed, accommodated, provided food and refreshments and wished safe passage. Food plays a key role in Māori culture including the process and ethic of manaakitanga. The quality and quantity of the food is a show of wealth, prestige and generosity, all aspects of mana. The provision of delicacies or specialities from the area, such as specially prepared fish, birds and forest foods are among the most prized and prestigious. Much notoriety can be gained from manaakitanga.

Medicinal uses for kai and new methods of preserving food added to the foundation of a subsistence economy. Today, whilst iwi may not rely so much on mahinga kai for survival, it is still an important part of the identity of an iwi, a body of knowledge and a range of activities that connect people to their ancestors and the environment. Iwi have also expressed the view that kai species are important in their own right as part of the environment. This stems from Māori cosmology where every part of the natural world has a whakapapa or genealogical connection to Atua and the primal parents Ranginui (sky father) and Papatuanuku (earth mother).

It is assumed that the area would have traditionally been part of the food gathering areas of iwi. Tuna (eels) and koura (freshwater crayfish) would have been caught in local rivers and streams, forest birds

35 H.W. Williams. Dictionary of the Maori Language. Reprint 1992. p163 36 H.W. Williams. Dictionary of the Maori Language. Reprint 1992. pp85-86 37 John C Moorfield. Te Aka Maori English Dictionary. 2015 38 Antoine Coffin. Matauranga Māori Networks. Report on factors affecting food gathering, swimming and special characteristics on the Waikato and Waipa Rivers and their tributaries from a Māori perspective. 2015. P15-16

Page 32 of 130 and water fowl hunted and forest food collected and prepared. Ngāti Maniapoto kaumatua have recalled times (about 1950s) when they were young, tuna (eels) were caught at Waikeria, dried and sent to the Koroneihana.39

4.0 Assessment of Iwi Management Plans and Relevant Planning Documents

4.1 Raukawa Iwi Management Plan

This section includes a list of matters identified in the Raukawa Iwi Management Plan during a scoping exercise. Each of the matters has a corresponding response that identifies how these matters are relevant to the proposal and how the proposal responds to that effect, issue or opportunity.

The key matters identified are:

• The Vision and Strategy for the Waikato River • Water quality and conservation • Protection and restoration of wetlands • Employment, training and internships • Protection and access to wāhi tapu • Recognition of Te Reo Raukawa • Building capacity of Marae • Amenity, visual effects, noise.

A full response to relevant matters contained within the Vision and Strategy are included in Appendix H and the Raukawa Iwi Management Plan are included in Appendix D. This assessment concludes that those matters are adequately addressed by a range of actions and appropriate avoidance, mitigation and remedial measures.

4.2 Maniapoto Environmental Plan

The key matters identified are:

• Participation in all aspects of decision-making • Resourcing to participate • Protection of and access to wāhi tapu and significant sites • Enhancement of the Waipa River • Indigenous habitat protection and enhancement • Water quality • Wetland preservation, protection and enhancement

39 Hui 2

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• Site management plans and accidental discovery protocols for archaeology, taonga and other resources.

A full response to relevant matters contained within the iwi management plan are included in Appendix E. This assessment concludes that those matters are adequately addressed by a range of actions and appropriate avoidance, mitigation and remedial measures.

4.3 Maniapoto Priorities for the Restoration of the Waipā River Catchment

This report also identifies five priority issues, these being; water quality, erosion and high sediment inputs, loss of habitat, changing shape of the rivers; and declining populations of species.

a) Water quality – the proposal includes the reticulation of wastewater which is currently discharged via an old onsite wastewater treatment system. The new facility will employ modern water efficiency and treatment systems and processes.

b) Erosion – the Building Zone has been selected within the larger designation area to manage environmental effects. Stormwater will be managed on site and wastewater will be reticulated. New replacement water pipes will reticulate water supply and effectively manage any potential water erosion issues.

c) High sediment inputs – stormwater will be managed onsite, that is within the Building Zone and designation area. Water efficiency measures and good practise processes will be employed to retain sediment on site.

d) Loss of habitat – the proposal will include the restoration of wetland area. There will be a net gain of wetland habitat that may provide habitat for fauna.

e) Changing shape of the rivers – there is no proposal for new works in the rivers. The existing wastewater treatment discharge to the Mangatutu Stream will cease and a reticulation system utilised. An offset mitigation measure to restore wetland will add to the biodiversity of the stream.

f) Declining populations of species – there are no expected adverse effects on the population of indigenous species as a result of this activity. There is likely to be some positive effects from the wetland mitigation associated with the proposed development that may include indigenous species. The mitigation proposed would result in an increase to the ecological value of that wetland and stream habitat and provide potential habitat for native lizards and avifauna resulting in a net gain in ecosystem function.40

40 Boffa Miskell Limited 2017. Ecology. Waikeria Prison: Prison Capacity Project Phase 2. Report prepared by Boffa Miskell Limited for Department of Corrections. 22 February 2017. p29

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4.4 Waikato-Tainui Iwi Environmental Plan

This section includes a list of matters identified in the Waikato-Tainui Iwi Environmental Plan during a scoping exercise. Each of the matters has a corresponding response that identifies how these matters are relevant to the proposal and how the proposal responds to that effect, issue or opportunity.

The key matters identified are:

• Recognising customary activities including fishing and hunting, • Enhancing biodiversity particularly restoration of wetlands • Identifying and protecting sites of significance including wāhi tapu • Managing the accidental discovery of taonga, koiwi and sites of significance • Actively engaging with Waikato-Tainui • Providing for adequate wastewater infrastructure capacity • Apply cultural and environmental principles to design.

A full response to relevant matters contained within the iwi management plan are included in Appendix F. This assessment concludes that those matters are adequately addressed by a range of actions and appropriate avoidance, mitigation and remedial measures.

4.5 Otorohanga District Plan (Heritage Section)

An assessment of the provisions of the District Plan relating to heritage has been conducted (Appendix D). In summary, there are no known, recorded or scheduled heritage items within the Building Zone. The formal commitments of the Department to conduct a discrete project that will identify, record and protect wāhi tapu and other sites of significance have been implemented as part of this proposal. This includes, archival research, engagement with iwi and representatives of the Kaumatua Roopu o Waikeria, site visits, mapping of sites of significance within the Designation Area.

5.0 Key Consultation Outcomes Issues and opportunities have been identified from consultation meetings between December 2016 and March 2017 with Raukawa, Maniapoto and the Te Kaumatua Roopu o Waikeria. It is expected that these issues and opportunities are recorded here and addressed through either RMA process of as matters that will be covered by the formal relationships with Iwi and the Roopu Kaumatua o Waikeria. A response to the issues and opportunities has been provided below each of the matters raised during consultation. Details of the consultation meetings and liaison can be found in section 10 of the AEE prepared by Boffa Miskell. The meetings related to iwi and kaumatua engagement that this report refers to are as follows.

Hui 1 – Raukawa Settlement Trust/Raukawa Charitable Trust, 7 December 2016

Hui 2 – Maniapoto, Waikeria, 9 December 2016

Hui 3 – Te Roopu Kaumatua o Waikeria, 9 December 2017

Hui 4 – Raukawa Marae, Te Awamutu Library, 24 January 2017

Hui 5 – Maniapoto, Waikeria Prison, 31 January 2017

Hui 6 – Jenny Charman, Te Roopu Kaumatua o Waikeria, Te Awamutu, 15 February 2017

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Hui 7 – Te Roopu Kaumatua o Waikeria site visit to Wiri, 20 February 2017

Hui 8 – Raukawa Charitable Trust, 1 March 2017

Hui 9 - Te Roopu Kaumatua o Waikeria, 17 March, 2017.

5.1 Environmental Issues

Avoidance of a direct discharge of treated wastewater into the Mangatutu Stream and Puniu River41

A reticulated wastewater treatment option has been selected by the Department of Corrections. This option was selected following consultation with iwi who clearly preferred an option that did not discharge to the Mangatutu Stream.

Consistency with Healthy Rivers.

The Healthy Rivers Plan Change (Plan Change 1 to the Waikato Regional Plan) was notified on 22 October 2016. The provisions mostly relate to managing nitrogen, phosphorus, sediment and pathogens such as E.coli as a part of farm and forestry activities of the property. As such it is expected the Department will meet its obligations to be compliant with requirements of the Plan Change.

Is there enough water for the new facilities? Will extra water be needed?42

The Department has consent for two water bores that take up to 1000 cubic metres of water a day. Much of the water infrastructure at Waikeria is antiquated. A modern prison facility will significantly reduce per person requirements for water. The consents are considered adequate to service the existing and new facility.

Would be good to see plantations of native plants and rongoā43

Waikeria Prison currently has gardens and some cultivations. There is potential to expand the capacity of activities including programmes to include plantations of native plants and rongoā (medicinal plants). To achieve this, it may be prudent to include some specific design parameters and/or design principles in the request for proposal to the potential tenderers. One iwi is actively developing a revegetation programme that will be initiated as part of this project.

There should be a CIA for the wastewater pipeline44

The route of the pipe for the reticulated wastewater is understood to be within the existing roadway. It would be prudent to conduct consultation with affected tangata whenua groups prior to finalising

41 Hui 1 & 2 42 Hui 1 & 3 43 Hui 3 44 Hui 5

Page 36 of 130 the route selection and construction, establish accidental discovery protocols for the works and if necessary conduct a cultural impact assessment of the reticulation route or have cultural monitoring.

The most important matter for the marae is that the environmental issues are taken care of 45

The Department is proposing a facility that will be contained within a Building Zone, consisting of a small proportion of the overall Designation Area. This approach contains and facilitates efficient management of environmental impacts, that might otherwise occur across the whole Designation Area. The iwi management plans articulate environmental issues and policies, thus providing direction for methods for addressing these concerns. Wastewater, stormwater, wāhi tapu and sites of significance, wetland restoration and revegetation have been key environmental matters identified in the plans and consultation. These have been addressed in the assessments of each plan and the commitments being formalised with Iwi.

5.2 Wāhi tapu and sites of significance

Protection of wāhi tapu46

An archaeological survey and report have been prepared.47 The archaeological assessment does not identify any recorded or observed archaeological sites within the Building Zone. Research and consultation has identified wāhi tapu and other sites of significance outside the Building Zone, but within the Designation Area. A wāhi tapu protocol between the Department and the roopu Kaumatua o Wakeria sets out the committments for identifying, recording and protecting wāhi tapu and other sites of significance within the Designation Area. Engagement has been undertaken with Kaumatua o Waikeria and Iwi regarding this work and is ongoing with regard to confirming on the ground locations and spatial extent of wāhi tapu and other sites. Protocols are in the process of being prepared for the unlikely event that unknown and unrecorded archaeological sites, taonga or human remains that may be encountered during earthworks.

5.3 The expression of tikanga and kawa through protocols

Will there be protocols for earthmoving, removing contaminated land and any impact on wāhi tapu?48

There is a wāhi tapu protocol agreement between the Department and the Te Kaumatua Roopu o Waikeria. This agreement sets out a range of protocols to be followed. Furthermore, the iwi management plans of both Raukawa and Ngāti Maniapoto include comprehensive protocols for a range of activities. The Department is committed to ensuring the appropriate protocols (tikanga and kawa) are followed throughout the project.

45 Hui 4 46 Hui 1, 3, 6 & 9 47 Ellen Cameron and Rod Clough. Archaeological Report prepared by Clough and associates. 2016. p10 48 Hui 2 & 3

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Can the project complete the work on wāhi tapu included in the protocol?49

The Department has committed to identifying, recording and putting protection measures in place for wāhi tapu and sites of significance within its properties at Waikeria. Work on this action has been initiated through meetings with kaumatua, archival research, and mapping. This work will be completed in 2017.

Need to have ngā tikanga i te timatanga o te mahi.50

The Department is committed to ensuring tikanga and kawa are observed before, during and following construction of the new facility, earthworks, removal of contaminated material and activities near wāhi tapu and sites of significance. The Department has established and maintained several long- standing advisory groups including the Te Kaumatua Roopu o Waikeria who provide tikanga support to staff and management at Waikeria. There is a wāhi tapu protocol agreement between the Department and the Te Kaumatua Roopu o Waikeria that set out the undertakings of both parties for the expression of tikanga and kawa.

5.4 Treaty Settlements and return of ownership of lands to Iwi

Aspirations to have land returned to Iwi as part of Treaty settlement mechanisms51

It is understood that the Waikeria properties are subject to “right of first refusal” provisions of the Raukawa Deed of Settlement. It is possible that Maniapoto may be seeking deferred selection properties or “right of first refusal” provisions also as part of their impending settlement with the Crown. The Department has experience with similar mechanisms, for example at Rangipo Prison.

If property is no longer required, would lands be available to original owners?52

It is understood that the Public Works Act provides special considerations of previous owners in the administration of surplus lands that were subject to compulsory acquisition. It is understood that there may also be encumbrances such as first right of refusal provisions within Deeds of Settlement as mentioned above.

5.5 Social Issues

Want the facility to look and feel low security to break perceptions of a prison53

The new facility will be designed and constructed with high security specifications. There is the ability to incorporate a range of design parameters and principles to influence scale, materials, colours and

49 Hui 3 and 6 50 Hui 2 51 Hui 1 & 2 52 Hui 3 53 Hui 1

Page 38 of 130 design. The new facilities will be designed to ensure they are safe and secure foremost, but also aesthetically responsive to the environment.

Find ways to have prisoners involved in environmental projects “outside the wire”.54

It is understood that there have been a long association of Waikeria Prison with local marae. This has at times involved taking low security prisoners to marae for health programmes, working bees and environmental restoration programmes. Recently, the new requirements of health and safety regulations have prevented many of these programmes and activities occurring outside the prison environment. The Department is developing new programmes for the facility and will be inviting Iwi members to participate in this work.55 One iwi is actively developing a revegetation programme that will be initiated as part of this project.

Local Marae have always been available to assist.56

As mentioned above there has been a long association between Waikeria Prison and local marae. The Department is open to discuss how the relationship with Marae could be enhanced in light of new health and safety requirements.

Where will staff live, families go to school, shop, recreate, use health services.57

It is expected there will be some 1,100 staff required for the new facility. As discussed in the social impact assessment prepared for this project by Quigley & Watts58 new staff are expected to mostly live within the Waikato region, including towns of Hamilton, Te Awamutu, Kihikihi and Otorohanga. As such staff and their families will be using social infrastructure within those areas. The social impact assessment prepared by Quigley and Watts explores this matter in more detail.

What will be impact on full immersion schools and units with new Māori staff families arriving.59

The total number of custodial, management and support staff for the proposed expansion is projected to be approximately 1,400. The existing staff of around 350 means an uplift of approximately 1,050 staff to be hired. Of the approximately 1,050 staff to be hired, half (525) are projected to be hired from the study area, and half as migrants to the study area. The approximate number of migrant staff (525) and their family members (445) is projected to be approximately 970. Of the approximate 970 migrants and family members, they are projected to distribute to Otorohanga (194), Kihikihi (49), Te

54 Hui 1 & 3 55 Hui 2 & Hui 8 56 Hui 1 & 3 57 Hui 2 and Hui 5 58 Robert Quigley. 2017. Assessment of social effects of the proposed Waikeria prison expansion. Quigley & Watts, 2017 59 Hui 2 and Hui 5

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Awamutu (291) and Hamilton (194). The balance (242) are projected to settle in the 23 other townships of the surrounding regions.60

It is understood that most primary schools and the colleges have relatively high proportions of Māori students. Several schools have firm plans to react to roll change. Nearly all Principals are constantly watching their rolls to plan for change, whether increasing or decreasing. This is a constant feature of NZ schooling. For the primary schools, rolls were generally either maintained or increasing. For example, Kihikihi School has had roll growth from 93 to 170 over several years.61

All Principals were asked about the potential effect on their colleges and schools from the proposed expansion. All were positive about the new families the proposed expansion might bring into the area. Most were not daunted in any way by the numbers proposed because of the large number of existing students (i.e. the increase was minor in contrast to existing rolls), and the number of potential schools the students might go to.62

The social impact report prepared by Robert Quigley provides specific detail on the potential social impacts on schools.

Does an increase in numbers mean an increase in risk to public safety? Waikeria Road is on the escape route. Is there an alarm system to local residents? 63

Public safety is a key concern of the Department. The new facility will be designed and constructed to meet high security specifications. All practicable measures will be taken to ensure public safety. There is currently a phone alert system in operation. There may not be a high level of awareness of this network system as it is only used if there is an escape. As such there is now plans to test the system and raise awareness of the system as part of the expansion project.

Safety of the public. 64

The facility is intended to be designed and constructed to meet high security specifications to ensure public safety.

Rename facility to break history and perception.65

No decisions have been made at this time regarding the name of the new facility. The new facility at South Auckland Corrections Facility was also given a new Māori name Kohuora, to change perceptions of a prison. This occurred once the facility was constructed.

60 Email (Subject: Māori Schools) from Robert Quigley, 8 March 2017 61 Robert Quigley. 2017. Assessment of social effects of the proposed Waikeria prison expansion, 7.2.1 Schools 62 Robert Quigley. 2017. Assessment of social effects of the proposed Waikeria prison expansion, 7.2.2 Schools – Potential Effects 63 Hui 2 64 Hui 2 65 Hui 1

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Look at themes in design that change minds – a new beginning.66

The Department is preparing a set of principles that will be part of the design briefs that are tendered to competitive bidders. The Department is open to the idea of having some Māori design principles and/or themes that bidders can respond to. For example, the Te Aranga principles developed by Māori architects, landscape designers and planning professionals would be appropriate start of discussions with iwi. A set of principles adapted from these is included in Appendix B of this report.

What will be the cost to ratepayers for wastewater upgrade?67

The Department has committed to fund the costs of wastewater treatment on site and any upgrades required for a reticulated system. There is not expected to be any cost to ratepayers of Otorohanga or Waipa Districts.

5.6 Design, Facilities and Construction

Can the Department consider using crossroads as a main entrance?68

The NoR will be supported by a Traffic Impact Assessment. If required (to mitigate potential adverse effects from traffic generation) the Department will work with the Roading Control Authority to upgrade the parts of the roading network that require it.

We don’t need a marae, we already have marae.69

Tangata Whenua prefer that the existing marae are utilised as a venue for ceremonial and community activities. It may be appropriate to have a dedicated space(s) for providing training, education and development opportunities within the wire for safety reasons. This should be developed in close consultation with tangata whenua.

Would like to see water sensitive design.70

There is an opportunity to include directions by way of principles or parameters in the design briefs for tenders that include specific responses to reducing, re-using and recycling water.

5.7 Rehabilitation, training and programmes

Can we employ and recruit prisoners when they have done their time, can we see trade training?71

66 Hui 1 67 Hui 3 68 Hui 5 69 Hui 5 70 Hui 2 71 Hui 1 and Hui 7

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Kohuora Prison Auckland South Corrections Facility currently runs four partnership programmes that involve recruitment from the training programmes provided to prisoners. It is intended that similar opportunities will be provided at Waikeria where these are able to be negotiated.

More emphasis on rehabilitation, reducing re-offending and changing perceptions72

Programmes and training facilities are yet to be developed for the new facility. The Department is committed to providing a range of training opportunities that can contribute to rehabilitation, integration, and reducing re-offending using local programme providers.

Respond to issues within the prisoner cohort both physically and with programmes – domestic violence, mental illness, drugs and alcohol abuse.73

The Department of Corrections acknowledges that many of the cohort come into the justice system with a history of domestic violence, mental illness and drug/alcohol abuse issues. The facility will respond to these challenges with physical spaces to meet prisoner rehabilitation needs and the resources to develop and implement programmes.

Connecting prisoners with their identity as Māori74 Also need to know what Iwi they are from.75

It is estimated that between 35% and 51% of prisoners are Māori.76 Facilities and programmes can reflect the cultural identity of prisoners. There is not currently information on the iwi affiliation of prisoners.

Need representatives of other iwi in North Island to look after prisoners. 77

This matter was raised as a suggestion to connect to the prisoners from different iwi, outside of Raukawa and Maniapoto. There is an existing support group, Te Kaumatua Roopu o Waikeria which provides connection to Māori identity and culture. This matter could be considered as part of a wider Department of Corrections Māori strategy or plan in the North Island.

5.8 Partnerships with iwi

We want a partnership. Need to have the Raukawa and Maniapoto locals together.78

Both Raukawa and Maniapoto have expressed a wish to work together. Whilst consultation is being conducted with both groups separately at present, there are opportunities to hold some joint meetings. Offers have been made to facilitate a joint meeting of the Iwi.

72 Hui 1 &Hui 5 73 Hui 1 74 Hui 1 & Hui 5 75 Hui 5 76 Hui 7 and Department of Corrections and Statistics New Zealand 2012 77 Hui 5 78 Hui 1, 2 and 5

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An Accord has been signed between the Kiingitanga Movement and the Department of Corrections that will see a series of new initiatives to improve the health and wellbeing of Maori offenders in custody, the rehabilitation of Maori prisoners and offenders, the reintegration of Maori prisoners into the community and reducing reoffending by Maori. 79

We need a mitigation paper that clearly articulates what the Iwi want. Need a forum of local marae, need a designated team, a long-term relationship, an office space for us to meet and work together.80

Ngāti Maniapoto have provided a draft Memorandum of Understanding for the consideration of the Department to formalise a relationship and provide a foundation for ongoing participation in the Waikeria project. The draft MoU may set out particular matters of significance including agreed undertakings. Discussions have also been initiated with Raukawa to formalise a relationship and set out commitments of the parties. The Cultural Impact Assessment will also include a number of general and specific recommendations for avoiding, remedying or mitigating cultural effects.

79 Poukai held at Owairaka Marae, 10 March 2017. Signing on 17 March 2017, covered by Maori Television 80 Hui 5

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6.0 Assessment of Effects This section sets out an assessment of effects from a cultural perspective focusing on Part 2 matters, in particular sections 6e, 7(a), (f) and 8.

6.1 Effects on the relationship of tangata whenua with their ancestral lands

The new facility does not involve any new compulsory taking or purchase of Māori lands. As such land, will not be alienated as part of these proposals. Appropriately mandated iwi authorities and their representatives have been engaged during the project and their issues and opportunities considered as part of the project and on-going operations of the facility.

The proposal will be mostly constructed within the Building Zone. Outside this area there will be new infrastructure for wastewater treatment and transport, water supply (replacing old pipes), roading and potential bridge upgrades, and amenity improvements to arrival areas.

The Department acknowledges that the lands on which the prison is located were part of lands were taken for Public Works in the early 20th Century, principally around 1910.

6.2 Effects on the relationship of tangata whenua with their waters

The most significant effect on water quality is likely to come from a potential wastewater discharge to the Mangatutu Stream. The current wastewater discharge consent is due for renewal in 2021. The Department is seeking a long-term solution for wastewater. As mentioned earlier in this report four options were considered. Following consultation with Iwi, Waipa District Council and Waikato Regional Council a reticulated system was selected.

As already mentioned the Department will not be taking water from the Mangatutu Stream or seeking an increase in water takes from groundwater. It is expected that water sensitive design, water efficiencies and new water infrastructure will provide more efficient use and re-use of water.

6.3 Effects on the relationship of tangata whenua with their forests

As mentioned earlier in this report the land was traditionally at the eastern part of the great forest of Nehenehenui. In 1900 the Waikeria area was covered in thick manuka and fern, suggesting the land had been cleared at some stage, possibly by fire. The indigenous cover was replaced with pasture and exotic trees from 1910.

At present there is small pockets of indigenous flora, along riparian margins and much of this has been planted as part of environmental conservation programmes. The ecological report prepared by Boffa Miskell states:

There were no plants of conservation value identified in Wetlands 1 and 2 or the proposed mitigation site and the existing ecological values of these areas are low.

Habitat within the Building Zone was assessed as predominantly poor quality for indigenous lizards. Wetlands 1 and 2 were assessed as having poor quality habitat for wetland bird species and unsuitable habitat for aquatic diving bird species.81

81 Boffa Miskell Limited 2017. Ecology. Final Draft Waikeria Prison: Prison Capacity Project Phase 2. Report prepared by Boffa Miskell Limited for Department of Corrections.p19

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Indigenous fauna on site has been identified in an ecological report prepared by Boffa Miskell Limited. The report identified overall ecological values of the Waikeria Prison Proposed Building Zone are low. The proposal is unlikely to have any effect on ecological values.

Other offset mitigation is likely to enhance ecological values and relationships of tangata whenua with indigenous ecosystems.

6.4 Effects on the relationship of tangata whenua with their wāhi tapu, sites of significance and historic heritage

This assessment has not identified any wāhi tapu, sites of significance or historic heritage within the Building Zone. There are at least four sites of significance located within the wider designation area. A discrete piece of work to demarcate these areas along with buffers is underway.

There are important and well-known sites of significance including wāhi tapu outside of the designation area to the north, west, south and east of the. These include:

o Orakau Pa and battle site – location of engagement between Rewi Maniapoto and Māori forces and British troops in April 1864 o Tokanui Pa, Pukerimu Pa, Te Whiti Marama Pa – sites of traditional significance to Raukawa and Ngati Maniapoto o Mangatutu Stream – a tributary of the Puniu Stream, a traditional boundary of Ngati Maniapoto and an important cultural icon of Ngati Raukawa o To the south the Rangitoto Range and Rangiatea. Places associated with the home of Turongo and Mahinaarangi, often referred to as the birth place of Tainui people and the Kiingitanga. o Maungatautari – Ancestral mountain of Raukawa, located to the east of the Puniu River o Wharepuhunga – ancestral takiwa of Raukawa reverred due in part to the union of Rakataura and Kahukeke and the union of Whaita and Tapuaereia.

A wāhi tapu protocol is in place. A discrete piece of work is underway to enhance the relationship of tangata whenua with their wāhi tapu and sites of significance through research, identification and demarcation of sites. Protocols are in place that are consistent with tikanga Māori.

The Mangatutu Stream, Waikeria Stream and Puniu River are important watercourses of significance to iwi. The current proposals will improve the current level of wastewater treatment on the site and reduce environmental and cultural effects on these water bodies.

6.5 Effects on the relationship of tangata whenua with their other taonga

This CIA has not identified any other taonga not already noted. The proposal includes accidental discovery protocols if in the unlikely event taonga, human remains or previously unrecorded archaeology is uncovered during works. Furthermore, the wāhi tapu agreement with Te Kaumatua Roopu o Waikeria sets out protocols including the provision for observing tikanga before works commence.

The provisions of the Protected Objects Act 1975 have been taken into account in the preparation of an Accidental Discovery Protocol.

There are no anticipated effects on other taonga.

6.6 Having particular regard for Kaitiakitanga

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The proposal will give particular regard to Kaitiakitanga by engaging with different levels of iwi and hapu representation to ensure Kaitiaki responsibilities are being discharged appropriately. The proposal will further involve:

• A discrete piece of work to demarcate sites of significance outside the development area along with buffers. This work is well underway. • Responding to matters raised in the respective iwi management plans. • Protocols including the provision for observing tikanga before works commence as set out in the wāhi tapu agreement with Te Kaumatua Roopu o Waikeria. • Iwi participation in the project through the implementation of formal agreements • Iwi participation in the design principles and parameters. • Implementing commitments to reticulate wastewater as a long-term solution as part of the project • The ongoing maintenance of the Te Kaumatua Roopu o Waikeria and representation on the Community Liaison Group.

As a result of the above steps, the proposal will give particular regard to Kaitiakitanga.

6.7 Taking into account the principles of the Treaty of Waitangi

The Department has committed to the meaningful participation of Iwi in the project and making informed decisions through consultation. The Department has committed and agreed to a wāhi tapu agreement that sets out processes and tasks to actively protect taonga within the Waikeria designation.

The Department is committed to acting in good faith and building working relationships and partnerships through the Te Kaumatua Roopu o Waikeria and directly with Iwi. The Department understands that there are matters of mutual benefit for the Iwi and the Department that can be addressed through the proposal and on-going operation of the facilities.

There are opportunities to acknowledge the way in which lands were taken for the Tokanui hospital and Waikeria Prison in the early twentieth century and a commitment to not create new grievances.

6.8 Issues raised by Iwi and Kaumatua Roopu o Waikeria

Consultation has been conducted with Ngati Maniapoto and Raukawa representatives, and the Roopu Kaumatua o Waikeria. The consultation has identified a range of matters, many of which are provided in detail at section 5 Key Consultation Outcomes. Three iwi management plans have been identified, reviewed and taken into account as part of this CIA. The Department has entered into discussions to formalise relationships to facilitate the implementation of commitments to Iwi.

7.0 Conclusion This CIA has given attention to relevant Part II matters particular to Māori. The Assessment of Effects section of this CIA provides details regarding the relationship of Raukawa and Ngati Maniapoto with their ancestral lands, waters, flora and fauna, wāhi tapu, sites of significance, as a well as other taonga. There are several key elements of this proposal that provide some comfort that sections 6(e), (h) have been recognised and provided for, 7a has been taken into account and 8 has been regarded. These include the commitments to:

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a. Contain works within a Building Zone, b. reticulate wastewater, c. not increase or change existing groundwater takes, d. commission a range of technical reports including an archaeological assessment, social impact assessment and a cultural impact assessment, e. engage with appropriately mandated Iwi and marae representatives and make commitments to have participation of iwi through the duration of the project, f. conduct discrete work on identifying, recording and protecting wāhi tapu and other sites of significance on the balance of the property, and g. prepare protocols for accidental discovery, ceremonial and rituals, etc.

There are a small number of discrete sites of significance identified within the designation area. None of these sites are within close proximity to the Building Zone. As such there are no cultural heritage constraints within the Building Zone.

The Mangatutu Stream is a tributary of the Puniu River. Raukawa has special relationships with the Puniu River reflected in a Statutory Acknowledgement. Ngāti Maniapoto acknowledge the Puniu River as an important landmark and boundary of the Iwi. The selection of a wastewater treatment option was a significant cultural issue that may have adverse effects on the Puniu River. This report supports the reticulated option.

A comprehensive review of the relevant iwi planning documents has been conducted. This assessment concludes that the provisions of the relevant plans can be taken into account through:

• Engagement with the iwi through mandated entities and provide opportunities for Iwi to have input into technical reports, • Facilitating economic and social development opportunities for Iwi • The production of ecological, archaeological, cultural, traffic, landscape impact assessments as part of RMA process • The development and implementation of appropriate protocols for wāhi tapu and sites of significance including Accidental Discovery Protocols • Wetland restoration • Avoidance of works in rivers and streams • Avoiding a direct discharge of wastewater into upper catchments of the Puniu River • Development of appropriate Māori design principles that inform the design process

Consultation has been conducted with mandated iwi authorities of Ngāti Maniapoto and Raukawa Iwi, marae representatives and the dedicated kaumatua group for Waikeria Prison. These groups have identified a number of issues and opportunities that have been articulated and responded to within the context of this report (Key Consultation Outcomes). Some of these issues are within the gambit of the RMA processes subject to the NoR. Some of the matters are outside the RMA process and will be subject to the on-going discussions between Iwi and the Department.

A working relationship with iwi and hapū will be essential to recognising and providing for the matters raised during engagement. This report has identified the key tangata whenua groups as being;

• Raukawa represented by Raukawa Settlement Trust and four marae of Wharepuhunga (Whakamarama, Parawera, Rawhitiroa, Aotearoa);

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• Ngāti Maniapoto represented by Ngāti Maniapoto Māori Trust Board and hapū representatives; and • Te Kaumatua Roopu o Waikeria.

8.0 Recommendations

8.1 Recommended Measures to avoid, mitigate or remedy effects of the proposal

This CIA has recommended that a reticulation option for wastewater treatment be implemented. At the time of this report the route selection is described as generally following the road corridor. This is not expected to incur adverse effects on the cultural values of the iwi, however, it would be prudent to inform iwi of the confirmed route, provide for appropriate protocols in the unlikely event that koiwi (human remains) or taonga are uncovered during works, and conduct any necessary consultation for the purposes of the above.

The proposal includes an offset mitigation measure for the loss of two wetlands described in the ecological report. This assessment recommends that this mitigation project proceeds in consultation with Iwi.

Development of an accidental discovery protocol is appropriate in this situation where no known, recorded, scheduled or listed sites of significance have been identified that takes into account policies of the three iwi management plans, the wāhi tapu protocol and undertaking agreed with iwi.

Some small contaminated sites (dumps) have been identified within the Building Zone. This report recommends that remediation of the contaminated sites be undertaken which may include removal of the contaminated material if they are disturbed. This would be consistent with iwi management plan policies.

8.2 Other Recommendations

These matters that should be considered by the Department that are not strictly within the purview of the RMA or outside the Building Zone include:

1. Entering into working or formal relationships with Iwi to oversee the implementation of the project and the relevant conditions and undertakings. This could also include facilitating economic and social development opportunities for Iwi 2. The wāhi tapu agreement with Te Kaumatua Roopu o Waikeria sets out protocols including the provision for observing tikanga before works commence. 3. The Department confirm the methods of ensuring Treaty settlement and offers to original owners provisions related to surplus lands are provided for. 4. For those wāhi tapu and sites of significance outside the Building Zone and within the Designation Area, a discrete piece of work be completed to demarcate the location and spatial extent of sites, including an appropriate buffer.

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5. Developing appropriate cultural design principles and parameters with iwi to be incorporated into tender documents. 6. Establishing a programme (or Protocol) of recognising the tangata whenua relationship with the whenua through the expression of tikanga and kawa at milestones of the project such as; turning the first sod, start of works, removal of topsoil, completion of buildings, occupation of the buildings. 7. Considering a name for the new facility in consultation with tangata whenua. 8. The ongoing maintenance of the Te Kaumatua Roopu o Waikeria and Iwi representation on the Community Liaison Group and consideration of extending membership or establishing a wider group representing iwi across the catchment area.

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Key References Official

Ngā Wai o Maniapoto Waipā River Act 2012 (Waipā River Act)

Maniapoto and The Maniapoto Māori Trust Board Waiwaia Accord

Raukawa Deed of Settlement, 2 June 2012

Supplementary Deed to the Raukawa

Deed of Settlement 2013

Raukawa – Crown Accord

Operative Otorohanga District Council Plan

Heritage New Zealand. Statement of General Policy – The Administration of the Archaeological Provisions under the HNZPTA 2014

Making Good Decisions Workbook. A Māori Values Supplement. Dec 2010

Published

John C Moorfield. Te Aka Māori English Dictionary. 2015

H.W. Williams. Dictionary of the Maāri Language. Reprint 1992.

Hirini Moko Mead. Tikanga Māori. 2016.

Law Commission. Study paper 9. Māori Custom and Values in New Zealand Law. March 2001

Pei Te Hurinui Jones & Bruce Biggs. Nga Iwi o Tainui. 1995

Waitangi Tribunal. Stage 1 report on the National Freshwater and Geothermal Resources claim. Wai 2358. Indicia of ownership, 2012

Waikeria Project Reports and Documents

Boffa Miskell Limited 2017. Ecology. Final Draft Waikeria Prison: Prison Capacity Project Phase 2. Report prepared by Boffa Miskell Limited for Department of Corrections

Robert Quigley. 2016. Assessment of social effects of the proposed Waikeria prison expansion

Clough and Associates. Prison Capacity Project Phase 2, Waikeria Prison, Waikato. Archaeological Assessment. Report prepared for Boffa Miskell. 2016.

Department of Corrections. Wāhi tapu protocols prepared by the Department of Corrections and Te Kaumatua Roopu o Waikeria. 29 March 2007

Iwi Management Plans and other reports

Antoine Coffin. Matauranga Māori Networks. Report on factors affecting food gathering, swimming and special characteristics on the Waikato and Waipa Rivers and their tributaries from a Māori perspective. 2015.

John Hutton. Raukawa, Traditional History Summary Report. Commissioned by the Crown Forestry Rental Trust, Wellington. 2009

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Law Commission. Study paper 9. Māori Custom and Values in New Zealand Law. March 2001

Maniapoto Māori Trust Board. Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan 2015

National Institute of Water & Atmospheric Research Ltd. Maniapoto Priorities for the Restoration of the Waipā River Catchment. December 2014

Raukawa Settlement Trust. Te Rautaki Taiao a Raukawa – Raukawa Environmental Management Plan 2015

Raukawa Settlement Trust. Raukawa Fisheries Plan

Rohe Potae Inquiry (Wai 898) – assorted documents relating to Raukawa, Ngāti Apakura and Ngati Maniapoto

• Wayne Taitoko. A History of the Tokanui Blocks. A report commissioned by the Waitangi Tribunal. 1998 • Extent of Original Ownership of Waikeria Prison Lands. 25 Nov 2013 • Consolidated Amended Statement of Claim (Raukawa). 9 December 2011 • T. J Hearn. Raukawa, land, and the Crown: a review and assessment of land purchasing in the Raukawa Rohe, 1865 to 1971. August 2008 • Nigel Te Hiko. Raukawa Traditional History Report. July 2010 • Professor Belgrave and others. Raukawa Waterways and Environmental Impact. April 2009 • Tainui Whakapapa. 22 October 2010 • Statement of Claim by Ngati Te Rahurahu and Ngati Paretekawa. 20 May 2003 • Plan of the King Country Area. Statement of Hoane Titari John Wi. 17 May 2010 • Nehenehenui. Ko te Kawenata o Ngati Maniapoto me nga hapu maha. 1903 • Ngati Apakura Sites of Significance. 25 November 2013 • A document bank compiled for the Ngāti Apakura te Iwi, Ngāti Apakura Mana Motuhake Traditional History Report for the Te Rohe Pōtae District Inquiry. October 2012 • Amended Statement of Claim for Ngati Apakura. 13 November 2011 • Statement of Claim for Ngāti Apakura. Bennion Law. 13 December 2011. • Boundary Issues of Ngati Apakura 25 October 2007 • Raukawa and the Māori Land Court. 13th September 2013 • Maniapoto Māori Trust Board. Te Rautaki Reo o Te Nehenehenui. 2009.

Websites www.qualityplanning.org.nz – A partnership website of Ministry for the Environment, New Zealand Planning Institute, Resource Management Law Association, New Zealand Institute of Surveyors, Local Government New Zealand and New Zealand Institute of Architects. www.TeAra.govt.nz/en/ngati-maniapoto/page-1 - Tūhuatahi Tui Adams and Paul Meredith, 'Ngāti Maniapoto - Lineage, lands and settlements', Te Ara - the Encyclopedia of New Zealand. published 8 Feb 2005, updated 10 Feb 2015.

www.waikatotainui.com – The official website of Te Whakakitenga o Waikato Incorporated, the tribal authority representing the people of Waikato-Tainui iwi, and its subsidiaries; Waikato Raupatu lands Trust, Waikato Raupatu River Trust, Waikato College for research and Development and Tainui Group Holdings.

Page 51 of 130 www.raukawa.org.nz – The official website of Raukawa Settlement Trust and its subsidiaries, Raukawa Charitable Trust, Raukawa Iwi Development Ltd, and Raukawa Asset Holding company

Notes and Minutes of Meetings

Hui 1 – Raukawa Settlement Trust/Raukawa Charitable Trust, 7 December 2016

Hui 2 – Maniapoto, Waikeria, 9 December 2016

Hui 3 – Te Roopu Kaumatua o Waikeria, 9 December 2017

Hui 4 – Raukawa Marae, Te Awamutu Library, 24 January 2017

Hui 5 – Maniapoto, Waikeria Prison, 31 January 2017

Hui 6 – Jenny Charman, Te Roopu Kaumatua o Waikeria, Te Awamutu, 15 February 2017

Hui 7 – Te Roopu Kaumatua o Waikeria site visit to Wiri, 20 February 2017

Hui 8 – Raukawa Charitable Trust, 1 March 2017

Hui 9 - Te Roopu Kaumatua o Waikeria, 17 March, 2017

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Appendix A – Statutory Acknowledgement for the Pūniu River

Pūniu River and its tributaries Statutory Acknowledgement

Raukawa have a special relationship with the Pūniu Awa and its tributaries, particularly that part of the awa located in the Wharepūhunga Block. This includes the source of the Pūniu and tributaries such as Ōwairaka.

The history of the Tainui ancestors, Rakatāura and Kahukeke in the Wharepūhunga region, where the Pūniu Awa flows, is particularly rich. It was in this region that Kahukeke fell ill. Rakataura consequently built a house for her to rest in and climbed a mountain where he performed a purification ritual to heal her. He was successful and his wife recovered. From this time forward, this region has been known as Wharepūhunga.

Thirteen generations later, Raukawa returned to this region and defeated another iwi. Since that time Raukawa hapū have maintained their ahikāroa. In particular, Whakatere, a son of Raukawa, had numerous descendants settle on the lands around the Pūniu at Wharepūhunga. Significant pā were built near the river, including Puketarata, Totorewa, Pataokatoka, Tangimanaia and Pāmotumotu.

For over 600 years, Raukawa have held that the mauri of the Pūniu Awa and the mauri of Raukawa are inextricably linked. The Pūniu Awa is a taonga to Raukawa. It is a whole and indivisible entity that flows from the punawai (source) of the Pūniu to Te Puaha o Pūniu (the mouth) and includes its water, banks, beds (and all minerals under them), and its streams, waterbodies, tributaries, lakes, aquatic life, vegetation, flood plains, wetlands, islands, springs, water column, geothermal aspects, airspace and substratum as well as its metaphysical elements.

As tangata whenua within a region that the awa flows, the relationship Raukawa have with the awa is paramount. It includes the enhancement of tribal mana but also gives rise to the responsibilities to protect the awa, its mana and mauri. These responsibilities are woven within the customary assertion of mana whakahaere, which is encompassed within long established kawa and tikanga.

Raukawa continue to exercise customary rights and the responsibilities of kaitiakitanga in relation to the Pūniu Awa within the Raukawa rohe. The awa has provided a source of spiritual, cultural, social, and physical sustenance for the Raukawa people, and in turn, the role of kaitiaki embraces respect and an inter-generational responsibility.

In accordance with the principles of ahikāroa, many Raukawa marae and hapū are still located near the Pūniu Awa, including the Ngāti Puehutore marae of Whakamārama, the Ngāti Takihiku marae of Rāwhitiroa which sits at the confluence of the Ōwairaka stream and Pūniu Awa, the Ngāti Kiriupokoiti marae of Aotearoa and the Ngāti Werakoko marae of Parawera.

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The Pūniu Awa provided important physical and spiritual sustenance to particular sites that are of inestimable importance to the Raukawa iwi:

• Te Horanga pā is located south of Kihikihi on the north bank of the Pūniu Awa. This site is significant as a pā taken by Raukawa in battle. • Whakapirimata pā is located on the north bank of the Pūniu Awa near St Leger Road and not far from Te Horanga. This pā was built by Whāita after Raukawa settled in the area. • Pane-o-Whaita is located on the north bank of the Pūniu Awa near Whakapirimata pā. This is where Whāita was buried. • Several significant ancient pā of Ngāti Whakatere drew from/relied on the Pūniu Awa, including Puketarata (found to the north of the Mangaorongo Stream and south of Kakepuku), Totorewa (near the confluence of the Waipā River and Mangaorongo Stream), Patokatoka (near Mihimihi further up the Mangarongo Stream) and Tangimania and Pamotumotu (on a ridge west of the Mangatutu Stream).

The pā site at Ōrakau is located near the Pūniu Awa. Ōrakau is a very significant site for Raukawa as this is where Raukawa lost many of their leading chiefs in the war with the Crown forces in 1864. The battle of Ōrakau is still commemorated by Raukawa iwi today.

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Appendix B – Māori Design Principles [Adapted from Auckland Design Manual 2016 based on Te Aranga Design principles]

Mana: The status of iwi and hapū as manawhenua is recognised and respected

• The development of high level Treaty based relationships with manawhenua is essential prior to finalising design approaches and will maximise the opportunities for design outcomes • Important to identify any primary manawhenua groups as well as wider manawhenua interests in any given development

Whakapapa: Māori names are celebrated

• Mana whenua consultation and research on the use of correct ancestral names, including macrons • Recognition of traditional place names through signage and wayfinding

Taiao: The natural environment is protected, restored and / or enhanced

• Re-establishment of local biodiversity • Creating and connecting ecological corridors • Planting of appropriate indigenous flora in public places, strategies to encourage native planting in private spaces • Selection of plant and tree species as seasonal markers and attractors of native bird life • Establishment and management of traditional food and cultural resource areas allowing for active kaitiakitanga

Mauri tu: Environmental health is protected, maintained and / or enhanced

• Daylighting, restoration and planting of waterways • Contaminated areas of soil are remediated if disturbed • Rainwater collection systems, grey-water recycling systems and passive solar design opportunities are explored in the design process • Hard landscape and building materials which are locally sourced and of high cultural value to mana whenua are explored in the design process

Mahi toi: Iwi/hapū narratives are captured and expressed creatively and appropriately

• Civic / shared landscapes are created to reflect local iwi/hapu identity and contribute to sense of place • Iwi/hapū narratives are reinscribed in the environment through public art and design

Tohu: Mana whenua significant sites and cultural landmarks are acknowledged

• Recognition of tohu, including wāhi tapu, maunga, awa, puna, mahinga kai and ancestral kainga • Allows visual connection to significant sites to be created, preserved and enhanced • Heritage trails, markers and interpretation boards

Ahi ka: Iwi/hapū have a living and enduring presence and are secure and valued within their rohe.

• Access to natural resources (weaving species, mahinga kai, waterways, etc) facilitates, maintains and /or enhances mana whenua ahi kā and kaitiakitanga • Iiwi joint venture developments ensure ahi kā and sense of place relationships are enhanced

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• Iwi/private sector joint venture developments enhance employment and ahi kā relationships

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Appendix C – Wāhi tapu protocols

Wāhi tapu protocols prepared by the Department of Corrections and Te Kaumatua Roopu o Waikeria. Signed 29 March 2007

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Appendix D – Relevant Historic Heritage section of the Otorohanga District Plan (pp36-37)

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Issue, Opportunity or statement Current Response / Future/Proposed Action Response / Action 7.1 Significant Issue Noted 7.1.1 Risk of alteration to, modification or destruction of, historic heritage values of sites, buildings, places, notable trees and their relationship to the surrounding area from inappropriate land use, development or subdivision.

7.2 Objectives Noted 7.2.1 To recognise and where appropriate, protect historic heritage sites, buildings, notable trees, places and other items of historic heritage and their relationship to the surrounding area from inappropriate subdivision, use and development.

7.3 Policies Four items of historic 7.3.1 To identify registered and recorded items heritage value have of historic heritage value and notable trees on been identified in the the Planning Maps. schedules of the District Plan within the Designation Area. These sites are well outside the Building Zone.

An archaeologiocal assessment of the Development Zone has been conducted. There are no recorded archaeological sites or visible signs of archaeological features. Four previously recorded sites are located to the east and south of the Development Zone and not affected by the development.

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7.3.2 To recognise and provide for the The protection of protection of waahi tapu, waahi tipuna and wāhi tapu is provided other sites of significance to Iwi/Hapu. in a signed protocol between Department of Corrections and Te Roopu Kaumatua o Waikeria. 7.3.3 To ensure sensitive and confidential The protection of information pertaining to historic heritage sites sensitive information is managed in accordance with agreed is provided in a protocols. signed protocol between Department of Corrections and Te Roopu Kaumatua o Waikeria. 7.3.4 Registered historic heritage sites, buildings The protection of and places in the District should be retained; and wāhi tapu is provided (a) scheduled items must not be demolished or in a signed protocol removed unless their condition poses a risk to between Department human life and reasonable alternative options of Corrections and Te are found to be impracticable or uneconomic; or Roopu Kaumatua o (b) any alterations to scheduled items should be Waikeria. consistent with the scale, style, character and materials of the item and should retain cultural and heritage values that are attached to it; and (c) any adverse effects on the relationship of sites with the surrounding area should be avoided, remedied or mitigated.

7.3.5 Damage to recorded and discovered No recorded historic historic heritage sites, buildings, places and heritage sites, items of heritage value should be avoided. buildings and places will be affected by the proposals.

The protection of wāhi tapu is provided in a signed protocol between the Department of Corrections and Te Roopu Kaumatua o Waikeria.

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7.3.6 Establish and recommend the use of The protection of protocols for resource users, Council and wāhi tapu and other relevant iwi or heritage authorities that will take sites of significance is effect upon the discovery of previously provided in a signed unrecorded archaeological sites. protocol between the Department of Corrections and Te Roopu Kaumatua o Waikeria.

An accidental discovery protocol will be developed to establish protocols for accidental discovery of previously unrecorded archaeological sites. 7.3.7 No subdivision, use or development should Not applicable result in the destruction of or adverse effects upon any scheduled notable tree. In particular: (a) Removal of a notable tree shall only occur if the tree is in an unsafe condition and as a result there is a serious risk to human life or property; (b) Any works on any notable tree shall not adversely affect the form, health or appearance of the tree; (c) Any activity within the drip line of any notable tree shall not adversely affect the root health of the tree; and (d) Any groundwork’s within the drip line of any notable tree shall not adversely change the surrounding natural ground water level and drainage patterns.

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7.3.8 In managing the District’s historic heritage Methods such as an sites, where appropriate Council will use a range cultural impact of methods, such as; assessment, (a) Conservation principles contained in the archaeological International Council on Monuments and Sites, assessment and New Zealand Charter for the Conservation of engagement with Places Cultural Heritage Value tangata whenua have (ICOMOS); been used in this (b) Cultural Impact Assessments; project. (c) Conservation and Open Space Covenants; (d) Heritage Orders; (e) Conservation Plans; and (f) Heritage Assessments. (g) Use of the LTCP process to develop funding policies and to enable assistance to be provided where appropriate for the identification and/or protection of historic heritage sites.

7.3.9 To specify and apply standards, rules, No known, recorded assessment criteria and other methods for the or scheduled or listed management of historic, cultural and heritage heritage items will be values within the district. adversely affected by the proposal.

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Appendix E – Responses to Te Rautaki Taiao a Raukawa - Raukawa Environmental Management Plan

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Responses and Actions to the relevant sections of the Raukawa Environmental Management Plan 2015

Raukawa Charitable Trust (RCT)

The Department of Corrections (The Department)

Notice of Requirement (NoR)

Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action Interconnectedness M22 57 Collaborate with RCT on identifying internship Meeting with RCT on 7 December Keep RCT updated with NoR and Regional and training program opportunities at all levels 2016 Consent progress (ongoing communication)

Work with RCT to identify opportunities for RCT to be involved in training programs that are run for prisoners Interconnectedness M27 57 Agencies will notify RCT of any The Chief Executive and leadership RCT kept informed of any changes to the Local board/committee appointments in regards to team is kept up to date on The Management Team their functions as appropriate and relevant Department website

Interconnectedness M28 57 Agencies will actively support training and Work with RCT to find potential projects to be capacity building of marae and hapū. involved in Water M20 70 Stakeholders should promote incentives for The Departments approach to water Include in design briefs for tenders principles industry and businesses to uptake best practice management includes the efficient and parameters that pick up on water water conservation and efficiency mechanisms. use of water within its new facilities sensitive design. and seeking environmentally efficient ways to manage wastewater Work with Raukawa to develop appropriate discharged from its facilities and relevant principles and parameters.

Water M21 70 Stakeholders should promote good quality The NoR and any regional consents research and science on water bodies required will be informed by technical developed in partnership with Raukawa. reports. These reports will involve research and science where appropriate. Land M3 77 RCT will collaborate with sector partners to The proposed new facility will employ identify employment opportunities for uri. approximately 930 new staff. This will result in employment opportunities for the local community including Raukawa, although given the number of staff required, it is expected that

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action some staff at the site will come from outside the local area. Land M18 80 Local authorities, industry groups, government If wetland reclamation is required agencies, and land owners should promote mitigation will involve restoration riparian planting and other activities that assist planting of wetland and stream to avoid sedimentation, erosion, and habitat in other nearby areas of the contaminants entering water. Waikeria designation.

Land M21 80 Government agencies and local authorities Metal accumulation in soil is not should take an active approach to avoid and anticipated to result from the prison reduce the cumulative effects of metal extension accumulation in soil that lead to human health issues and reduce soil versatility within the Raukawa takiwā (e.g. cadmium). Land M30 81 Government agencies should identify and A contamination report including a maintain registers of sites contaminated Detailed Site Investigation has been primary sector and industry activities. prepared for the site. The report has identified a small number of localised areas of the site that may be contaminated. Consent to remove contaminated material and remediate the site will be applied for in due course if required. Wetlands M3 91 RCT will co-partner with agencies and Raukawa sent the draft ecological Raukawa will be invited to assist in stakeholders to identify protect and restore report for comment and feedback on identification of suitable areas of the site for wetlands within our takiwā, as appropriate. the potential wetland restoration. wetland restoration if restoration is required and to participate in wetland restoration if it is implemented. Wetlands M9 93 Local authorities and government agencies If reclamation of wetland is required The Department are looking for ways to should protect and restore remaining areas of on the site, restoration of another protect other wetland areas within the large wetland habitat within the Raukawa takiwā larger wetland area will be proposed. site area as part of good farm management through statutory and non-statutory practice. For example, fencing of wetland mechanisms. areas from stock. Wetlands M9 93 Local authorities, sector groups, and The two wetland areas within the landowners should avoid the direct or indirect proposed building zone have been drainage or modification of any existing identified as highly modified and wetland area. degraded wetlands. If wetland reclamation cannot be avoided due to site constraints. Restoration of

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action another larger wetland and stream habitat area is proposed. Wetlands M12 93 Landowners should retire and fence off all The Department have started fencing off of identified wetlands. other wetland areas within the wider site area to prevent stock entering wetlands. Cultural Landscapes and M14 99 Raukawa will demonstrate excellence and Meeting with RCT on 7 December Taonga leadership in the recognition, promotion, and 2016 management of Māori Cultural Landscapes across the motu. Discussions with Raukawa to identify any Māori Cultural Landscapes affected by the proposed new facility.

Department of Corrections consultants have prepared a Cultural Impact Assessment (CIA).

Cultural Landscapes and M17 99 Local authorities should work with Raukawa Although, the Department is not a Taonga and landowners to secure access to Raukawa local authority, the Department may cultural sites/ areas/landscapes. be able assist with identifying and providing access to Raukawa cultural sites on the Waikeria site, provided that access does not compromise the Department’s ability to achieve its statutory purpose.

Cultural Landscapes and M22 100 Government agencies and local authorities The Department will consult with RCT and Taonga should use appropriate and relevant Raukawa incorporate appropriate Te Aranga design language and naming protocols such as the principles in the RFP for the development to Raukawa spelling, use of macrons, and dialect. guide the design of the proposed facility. The Department will endeavour to use the correct Raukawa spelling, use of macrons and dialect, where appropriate. This may be relevant for naming local places, sites, and waterbodies Cultural Landscapes and M29 100 Government agencies and local authorities The Department will adopt Taonga should include Accidental Discovery protocols, Accidental Discovery Protocols (ADP) developed in collaboration with RCT, as consent for the duration of earthworks. conditions with resource consents involving land disturbance. RCT invited to provide input for site specific ADP.

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action

Cultural Landscapes and M31 100 Government agencies and local authorities Statutory acknowledgement for the Engagement will continue with Raukawa Taonga should incorporate and provide for Raukawa Puniu River has been cited and regarding methods to recognise and provide statutory acknowledgements and deeds of included in cultural impact for the Puniu Statutory Acknowledgement. recognition in their policies, plans, and assessment. operational programmes. Cultural Landscapes and M32 100 Government agencies and local authorities will Meeting with RCT on 7 December Taonga provide an active duty of care in protecting and 2016 managing Raukawa cultural heritage values within their jurisdiction. A wāhi tapu protocol agreement is in place for the Waikeria Designation area.

In addition, archaeological and landscape assessments are being prepared.

Implementation of tasks in the Wāhi tapu agreement are underway.

Further research to be undertaken to identify any wāhi tapu or taonga on site. Indigenous Plants and M15 108 RCT will develop programmes to restore and Not directly relevant to The Department. Animals enhance tuna within waterbodies. However, if mitigation of wetland area is required, the Department will seek opportunities for Raukawa to be involved (see comments above). Indigenous Plants and M23 110 Local authorities and government agencies If wetland reclamation cannot be Animals should promote the protection, enhancement, avoided restoration of a larger and restoration of the connectivity within the wetland and stream environment will landscape for indigenous plants and animals. be undertaken. A planting plan will be developed that seeks to enhance connectivity of habitat for native fauna.

The ecological report, comments that lizard habitat within the building zone is poor. However, recommends a

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action lizard survey be undertaken to determine if lizards are present in the area. If present, then a lizard management plan will be prepared to salvage and relocate these lizards prior to any habitat clearance. Indigenous Plants and M24 110 Local authorities and government agencies No significant areas of indigenous Animals should support policies and programmes that forest within the building zone. avoid fragmentation of existing and future indigenous habitats and access corridors. Wetland restoration (if required) will seek to enhance ecological corridors. Indigenous Plants and M25 110 Local authorities and government agencies Wetland restoration (if required) will Animals should promote effective pest management include a pest plant management strategies to reduce the impact on indigenous strategy. animals and plants in the Raukawa takiwā. Indigenous Plants and M27 110 Local authorities and stakeholders should Mitigation planting for wetland Animals promote and implement the use of native restoration (if required) will involve plants in our public places and private gardens. the use of native plants. Marae & Papakainga M12 117 Agencies should develop policies and allocate The NoR will be supported by a Traffic resources that actively support strong and Impact Assessment. If required (to robust marae and papakāinga infrastructure mitigate potential adverse effects systems. This may include: from traffic generation) the a. Reliable, locally generated power. Department will work with the b. Modern telecommunications supply. Roading Control Authority to upgrade c. Safe and suitable roading networks that the parts of the roading network that support our rural marae. require it. d. Sound and future proofed water storage and reticulation systems. e. Waste management. f. Building energy systems (insulation, heating etc). Marae & Papakainga M19 119 Raukawa partners should support marae and N/A No specific matters raised by Marae papakāinga development through provision of expertise, capacity building and/ or resources. Marae & Papakainga M20 119 Raukawa partners recognise the natural fit of N/A No specific matters raised by Marae marae within civil defence networks and work proactively with marae communities to assist them with developing capacity, capability and readiness.

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action Sustainable Living M2 125- RCT, RST, and RIDL will advocate for and Meetings with Raukawa Te Aranga principles are being considered in 126 promote the uptake and use of environmentally the cultural impact assessment. sustainable and ethical home, marae, and business practices, including: Engagement with Raukawa will identify a. Employing sustainable and ethical corporate potential principles and parameters that can procurement practices that embrace a cradle to be part of design briefs for tenders. grave philosophy. b. Promoting uri or local employment where possible. c. Promoting and supporting local businesses, including food production, where possible. d. Adopting design guidelines that focus on low impact, universal design, Crime Prevention Through Environmental Design and culturally responsive design principles (e.g. Te Aranga strategy). e. Advocating for best practice construction methodologies. f. Preferencing clean, green, and renewable energy technologies where possible. g. Actively managing and minimising waste. h. Use of non-toxic and green alternatives for chemical products, less packaging, local products and efficient infrastructure (including appliances).

Sustainable Living M4 126 RCT will look for opportunities for partner N/A agencies to collaborate with us on sustainable living initiatives and actions, including the development of a Raukawa Environment Centre. Infrastructure M4 143 RCT will work with our key partners on N/A opportunities for strategic collaboration and leadership on issues of mutual benefit. Infrastructure M10 143 RCT to promote the Vision and Strategy for the The proposed new facility will work Waikato River and how infrastructure sensitively to uphold the Vision and development and operations can work Strategy for the Waikato River where sensitively to uphold the objectives of the applicable Vision and Strategy.

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action

Infrastructure M27 145 Government agencies, local authorities, and - Meetings with RCT - Relevant specialist reports (ecology, sector operators should require best practice landscape, archaeological) shared with RCT to approaches to infrastructure development, and - ADP will be implemented for the inform their CIA major upgrades, including: duration of earthworks. a. Cultural Impact Assessment of proposed -ADP (to be developed with input from activity. - Any mitigation planting required will Raukawa) b. Accidental discovery protocols to be involve native species. developed with Raukawa. -Mitigation planting potentially sourced from c. Site mitigation and rehabilitation plans that - Cumulative effects will be Raukawa established nurseries include planting of indigenous species in considered in the NoR process collaboration with Raukawa. - Raukawa will be invited to have input into d. Consideration of cumulative effects. - Visual and amenity effect will be any planting plants required. e. Consideration of visual and amenity effects. considered in the NoR process. Noting f. Prevention or reduction of vibration, noise, that a landscape assessment is being - Meeting with Raukawa, ongoing discussions, dust, and contaminants. undertaken. CIA will inform the Department of the areas g. Manage the effects of the activity within the and level of involvement of Raukawa in site. - Effects relating to vibration, noise, designation/consent conditions. h. Provide conditions on consents that provide dust and contaminants will be for the involvement of Raukawa in the assessed in the AEE in the NOR monitoring and review process of resource process and any regional consent consents. applications required.

- Construction noise will comply with relevant standards.

- Contamination report is being prepared. Separate regional consent and NES consents will be applied for to removal contaminated material and remediate the site, if required.

- The AEE for the NoR will involve a comprehensive AEE Glossary 171 Waikato River Means the body of water known Noted Noted that Puniu has a Statutory as the Waikato River flowing continuously or Acknowledgement intermittently from Te Waiheke o Huka (from a point that Ngāti Tūwharetoa know as Te Toka a Tia) to Te Puaha o Waikato; includes the Waipā

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action River from its junction with the Pūniu River to its junction with the Waikato River; includes all tributaries, streams, and watercourses flowing into the rivers; includes lakes and wetlands within the areas; includes the beds and banks of the water bodies. Pūniu River and its FIGURE 193- Statutory Acknowledgement Noted The Statutory Acknowledgement is cited in tributaries 10 195 cultural impact assessment.

Engagement with Raukawa to identify appropriate methods of recognising significance of the Puniu River.

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Appendix F – Responses to Ko Tā Maniapoto Mahere Taiao – Maniapoto Environmental Management Plan 2015

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Review of the Maniapoto Environmental Management Plan

Accidental Discovery Protocol (ADP)

Cultural Impact Assessment (CIA)

Notice of requirement (NoR)

Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action Kaitiakitanga and 7.3.1 44 Objective: Recognition of the role of Maniapoto as kaitiaki and rangatira Consultation meetings with Recommendations to avoid, Rangatiratanga The status of Maniapoto as rangatira and kaitiaki is recognised within Maniapoto on 9 December 2016 mitigate, remedy potential resource management and decision-making processes. and 31 January 2017. adverse effects on Maniapoto asked if they want to Maniapoto values included Policy: Maniapoto representation at the decision-making level recognises provide feedback or input into a in the NoR and regional their unique status as tāngata whenua on matters that affect Maniapoto. Cultural Impact Assessment (CIA) consent application, where appropriate. Actions: a) Require capacity and capability workshops to implement the Plan to assist national and local government in resource management matters and in particular engagement and consultation processes

f) Ensure applications for resource use include appropriate Maniapoto input corroborated by a sufficient level of evidence Kaitiakitanga and 7.3.3 44 Objective: Collaboration As above As above Rangatiratanga Resource users and decision-makers collaborate with the people of Maniapoto to ensure that any adverse affects on Maniapoto or the Keep Maniapoto updated environment due to resource use are appropriately avoided or mitigated to a with NoR and Regional mutually agreed level. Consent progress (ongoing communication) Policy: Resource users and decision-makers collaborate with the people of Maniapoto to ensure that any effects on the people of Maniapoto or on Maniapoto values due to resource use are appropriately avoided or mitigated to a mutually agreed level.

a) To establish co-operative and constructive relationships between decision- makers, resource users, and the people of Maniapoto

b) Develop a process to build the cost of Maniapoto participation into national and local government projects

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action Maniapoto Cultural 10.3.1 55 Objective: Recognition of the role of Maniapoto as rangatira and kaitiaki As above As above Heritage To ensure Maniapoto participate at the highest level of decision-making on matters that affect cultural heritage within Maniapoto rohe Maniapoto given the opportunity through consultation and CIA Policy: Maniapoto is involved at the highest level of decision-making to process to identify cultural ensure that cultural heritage in the Maniapoto rohe is protected and heritage values, places, items. enhanced. Archaeological assessment has Actions: been undertaken. a) Ensure Maniapoto have appropriate opportunities to be involved in relevant cultural heritage management processes and decision-making to Accidental Discovery Protocol develop and implement plans and strategies (ADP) with be adopted for the duration of construction work. b) Identify and protect cultural heritage in council plans and Heritage New Zealand to give effect to Maniapoto rangatira and kaitiaki role to protect cultural heritage for future generations

c) Ensure Maniapoto is resourced to respond to resource consent applications and/or requests for engagement

d) Identify and protect access to cultural heritage areas for Maniapoto

e) Ensure protection of cultural heritage and archaeological structures from damage, destruction or adverse effects

Maniapoto Cultural 10.3.2 55 Objective: Wāhi tapu and sites of significance No wāhi tapu or archaeological Heritage To protect Maniapoto wāhi tapu and sites of significance from the adverse sites are identified within the effects of activities relevant District Plan and Regional Plans with the proposed building Policy: Maniapoto wāhi tapu are protected from damage, desecration or zone. adverse effects. An archaeological assessment has Actions: been prepared. This indicates that (a) Protect identified wāhi tapu and sites of significance through district and there are no unrecorded regional plans archaeological sites.

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action (b) Work with councils to protect wāhi tapu and other significant sites Maniapoto given the opportunity through the RMA and other regulatory processes to have input into the CIA.

(c) Require relevant agencies, councils and other organisations to develop Archaeological assessment report information sharing protocols with Maniapoto to ensure relevant will be shared with Maniapoto. information about wāhi tapu and significant sites is accessible ADP will be implemented for the (d) Encourage resource users and land owners to work with and enable duration earthworks. Maniapoto to protect wāhi tapu and other significant sites that may be affected by their activities, regardless of land title.

(e) Require the responsible authority protects wāhi tapu and significant sites located on public land from any adverse effects or activities by way of suitable protection measures (i.e. fencing or other physical barriers) while affording Maniapoto access to their sites.

(f) Contact private land owners and relevant parties, on a case by case basis, to discuss what steps are required to adequately protect wāhi tapu and make sites accessible to Maniapoto in the long term.

(g) Ensure that accidental discovery protocols are in place to appropriately manage the accidental discovery of wāhi tapu and taonga 10.3.3 55 Objective: Site management protocols An appropriately qualified and Site Management protocols are in place for all work sites that ensure wāhi experienced archaeologist has tapu, kōiwi and taonga are treated in a respectful manner been engaged to prepare an archaeological assessment. Policy: Site management protocols are incorporated into site management plans ensuring site works manage the discovery of wāhi tapu, kōiwi and If any archaeological sites are If any archaeological sites of taonga in a respectful way. identified within the building Māori origin are identified zone, Maniapoto will be given the within the building zone, Actions opportunity to undertake cultural Maniapoto will be given the (a) Require the development of site management protocols to assist the monitoring of earthworks. opportunity to undertake management of site activities cultural monitoring of Preparation of a CIA, inclusion of earthworks. (b) Employ appropriately qualified archaeologists to oversee all excavations ADP and cultural monitoring of or disturbances near identified sites. Progress and finds will be recorded, earthworks will provide investigated and stored in an appropriate facility and manner. The Maniapoto with the opportunity archaeologist will work with Maniapoto to provide joint advice on methods

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action to be undertaken to ensure that adverse effects on Maniapoto archaeological to determine and exercise tikanga values are avoided. and kawa protocols.

(c) Require a Maniapoto representative to be present at any known or suspected sites of significance, including urupā (burial sites) and identified wāhi tapu, during excavation or disturbance of the site and construction to act as a cultural advisor/monitor. Note: The cost of the representative shall be negotiated with and resourced by the resource user.

(d) Require a Maniapoto representative to have access to monitor any part of earthworks.

(e) Ensure Maniapoto determine tikanga and kawa protocols to be undertaken in relation in any excavation or disturbance

(f) Maniapoto have input into all archaeological monitoring and investigation results and provide joint comment and advice is part of the results and/or report. Cultural Heritage 10.3.4 55-56 Objective: Discovery of taonga and/or archaeological sites Incorporate actions To ensure procedures are in place to manage the discovery and accidental outlined in the discovery of taonga and archaeological sites management plan into the ADP 10.3.4.1. Policy: Appropriate guidelines are in place to undertake archaeological surveys and excavations (information and permission). Keep an updated record on Actions: the appropriate Maniapoto (a) Seek the guidance and direction of kaumātua for information or kaitiaki or kaumātua to permission for archaeological surveys or excavations contact in the event of (b) Cease all site activity immediately any archaeological remains or artefacts Accidental discovery of are unearthed and notify Maniapoto within one working day of discovery archaeological evidence. (c) Contact NZ Police, the Coroner and the Historic Places Trust (as appropriate) as soon as archaeological remains of potential human origin are unearthed (d) Prevent work from commencing in the affected area until all necessary statutory authorisations or consents have been obtained

10.3.4.2 Policy: A clear protocol is followed in the event of discovering taonga.

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action

Actions: (a) Step through the following protocol whenever taonga are discovered:

(i) Secure the area of the site containing the taonga in a way that protects the taonga as far as possible from further damage. (ii) Notify a Maniapoto kaumātua immediately before the taonga is moved. The kaumātua will undertake appropriate actions. (iii) Resume work when advised by the kaumātua. (iv) If approved by the kaumātua, the archaeologist will record, measure and photograph the taonga prior to the kaumātua securing the taonga. (v) The Kaumātua will determine the appropriate action for the taonga once it has been recorded. (vi) This may include reburying the taonga in an appropriate location or storing it in an appropriate location. (vii) If the taonga requires conservation treatment (stabilisation), this can be carried out in discussion with the archaeologist, kaumātua and Maniapoto. (viii) For the avoidance of doubt and subject to any laws of New Zealand, any taonga found shall be the property of Maniapoto who shall hold and use those taonga (including the return of them to marae) as they, in their sole discretion, see fit.

10.3.4.3 Policy: The appropriate protocol is followed after the accidental discovery of archaeological sites.

Actions: (a) Implement the following protocol whenever archaeological matter is accidentally discovered, including human remains:

(i) Cease all work that has potential to disturb the archaeological matter. (ii) The unearthed archaeological material will remain in-situ (in place), and the relevant person (e.g., site construction supervisor, consultant, owner, or other person named as the ‘relevant person’) will be advised.

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action (iii) The area will be secured to ensure the archaeological matter remains undisturbed. (iv) The relevant person will ensure that the matter is reported to the Regional Archaeologist at the New Zealand Historic Places Trust, Maniapoto, and to any required statutory agencies if this has not already occurred. (v) A qualified archaeologist is to ensure all archaeological matter is dealt with appropriately. (vi) Maniapoto are to be contacted for any material of Māori origin, in order that appropriate cultural processes are implemented to remedy or mitigate any damage to the site. (vii) Any and all visits to the site must be cleared by the relevant person. It is advisable that a list of authorised personnel to visit the site is maintained. (viii) Under law it is a requirement for the site operator to undertake the overall safe management of the site, including the health and safety of all persons visiting the site. To meet this requirement and also to protect the integrity of the accidental discovery, Maniapoto consider it important that all visitors to the project site are recorded, cleared and inducted into the site. (ix) The relevant person will ensure that the necessary people shall be available to meet and guide representatives of the New Zealand Historic Places Trust, Maniapoto, and any other party with statutory responsibilities, to the site. (x) Works in the site area shall not recommence until authorised by the relevant person who will consult with the New Zealand Historic Places Trust staff, Maniapoto, the NZ Police, and any other authority with statutory responsibility, to ensure that all statutory and cultural requirements have been met. (xi) All parties will work towards operations recommencing in the shortest possible timeframes while ensuring that any archaeological sites discovered are protected until a decision regarding their appropriate management is made, and as much information as possible is gained. (xii) Appropriate management could include recording or removal of archaeological material and needs to occur in a manner consistent with Maniapoto tikanga and kawa.

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action

Freshwater 14 62-71 14.3.2 Objective: Water quality The building zone avoids the Restore and enhance the mauri of Ngā Wai o Maniapoto and protect Te Mana Mangatutu Stream, Waikeria o te Wai Stream and Moerika Stream.

14.3.2.1 Policy The construction of the new Water quality supports healthy ecosystem functioning. facility will be supported by an erosion and sediment control plan Actions to ensure waterways are (a) Ensure activities and natural resource use restore, protect, enhance and protected during construction. maintain continued development of indigenous biodiversity, including biodiversity/habitat corridors (b) Use indigenous species to establish riparian buffer zones along waterways and drains to enhance and protect healthy functioning ecosystems (c) Ensure water level flows protect the quality and integrity of water and provide for customary use and practices (d) Avoid stock access to waterways to avoid erosion and sediment issues As part of good practice (e) Protect mahinga kai and taonga species from damage and pollution farm management, the (f) Identify and protect areas where access is, or should be, restricted or Department will consider limited to enable Maniapoto to undertake customary practices and uses fencing off waterways and (g) Protect river and lake beds from disturbance and tightly monitor and significant wetland areas to control activities taking place in these areas prevent stock from (h) Restore and protect the integrity of river corridor and lake environments accessing waterways. and protect aesthetic features and natural qualities from modification and development

14.3.2.2 Policy Restoration and protection of Ngā Wai o Maniapoto makes best use of resources and time. Actions (a) Identify areas of high biodiversity value to protect and enhance (b) Avoid clearance of indigenous vegetation where it would negatively affect the mauri of water (c) Promote ecological corridor links in re-vegetation projects (d) Conduct riparian cultural health assessments to measure improvements and to inform resource users and the public on maintaining healthy riparian environments

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action (e) Ensure resource users restore and protect indigenous aquatic habitats and provide access to habitats such as floodplains and wetlands (f) Ensure biosecurity measures are placed on invasive species that may impact on water quality

14.3.2.3 Policy Indigenous aquatic ecosystems are restored and maintained Actions (a) Ensure resource users protect and restore waterways in proportion to the activity to be undertaken, any historical adverse effects and the state of degradation of the environment (b) Protect aquatic ecosystems and use best practice to restore ecosystems (c) Design or retrofit structures to allow natural fish passage (d) Ensure effective pest control, including containment and eradication of pest species, particularly where resource use contributes to the risk or proliferation of pest species (e) Identify and protect areas that would be adversely affected by activities or uses to maintain and enhance the mauri of water (f) Ensure waterways have healthy, functioning riparian margins and set back areas where appropriate and noting a general preference for indigenous species to be used. (g) Incorporate native riparian planting on esplanade reserves and strips in new and existing subdivisions

14.3.2.4 Policy Sedimentation is managed to protect and restore the mauri of water. Actions (a) Avoid soil and vegetation disturbance on erosion-prone land and ensure land use occurs in a way that reduces further erosion (b) Promote and incentivise retirement of erosion prone land where feasible (c) Avoid adverse effects on the mauri of waterways through control of sediment and stormwater in all land use activities (d) Ensure new land use developments use low impact urban design and sustainable

14.3.2.5 Policy Physical characteristics of waterways are enhanced and/or restored.

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action Actions (a) Restore and maintain the integrity of river corridor and lake environments within the rohe and protect aesthetic features and natural qualities from modification and development (b) Protect river and lake beds from disturbance and tightly monitor and control activities taking place in these areas.

Wetlands 15.3 72 15.3.1 Objective: Recognition of the role of Maniapoto as rangatira and Consultation meeting with Maniapoto will be invited to kaitiaki of wetlands. Maniapoto on 9 December 2016 assist in wetland Wetlands are healthy and enhanced to protect the relationship of Maniapoto and 31 January 2017. restoration. and wetlands Maniapoto sent draft ecological The Department will look 15.3.1.1 Policy report for comment and feedback for ways to protect other To achieve Maniapoto representation at the council decision-making table on on the potential wetland wetland areas within the matters that affect wetlands. restoration. large site. For example, fencing of wetland areas Actions Maniapoto asked if they want to from stock. (a) Ensure Maniapoto is engaged and consulted on matters significant to provide feedback and/or input them and recognise Maniapoto kaitiakitanga and rangatiratanga and directly into a Cultural Impact participation at the decision-making table for all proposed activities, Assessment (CIA) developments and/or land use changes that may impact on wetlands (b) Raise awareness and understanding within communities of Maniapoto The two wetland areas within the values associated with wetlands prison expansion area have been identified as highly modified and 15.3.2 Objective: Mauri of wetlands degraded wetlands. In accordance To enhance and protect natural wetlands to produce an overall net gain in with the recommendations of the wetland area in the rohe as wetlands are restored draft ecological report, the wetland areas within the building 15.3.2.1 Policy zone will be avoided if possible. If The net area of wetlands increases with no loss of existing natural wetland wetland reclamation cannot be area. avoided restoration of another larger wetland and stream Actions habitat, is proposed. This will (a) Recognise, preserve and protect all wetland and riparian areas that result in an overall net gain in provide important cultural and environmental benefits, including: wetland area. (i) mahinga kai habitat (ii) provision of resources for cultural use Mitigation will involve the use of (iii) cultural wellbeing native plants and will seek to

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action (iv) filtration system to maintain and improve water quality enhance connectivity of habitat (v) natural flood protection for native fauna. (b) Amend planning rules and policies to prevent further reduction in natural wetland area or wetland condition within the Maniapoto rohe Wetland restoration (if required) (c) Protect, restore and enhance existing wetlands will include a pest plant (d) Avoid drainage of existing wetlands and the destruction or modification management strategy. of existing native riparian areas (e) Install appropriate fencing, buffers and set back areas to protect wetlands and riparian areas from intensive land use, stock access and irrigation (f) Support initiatives to restore wetlands, including: (i) maintaining a wetland inventory (ii) identifying and mapping historic and existing wetlands (iii) mapping existing riparian margins (iv) promoting collaborative restoration projects (v) supporting wetland vegetation fragments to grow in size (vi) restoring historic water levels (vii) identifying incentives to provide for restoration and implementing those incentives (g) Recognise and enhance the natural infrastructure of wetlands as a major asset in combating and adapting to climate change (h) Construct wetland areas, where appropriate, to assist with the management of onsite/site sourced stormwater, wastewater and for agricultural purposes to take advantage of the function of wetlands to filter contaminants. (i) Prevent use, in general, of natural wetlands for treatment or disposal of wastewater. Constructed wetlands may operate adjacent to natural wetlands to mitigate the impacts on natural systems.

15.3.3 Objective: Mauri of wetlands To ensure planning and regulations for land use adjacent to wetlands restores and maintains wetland health

15.3.3.1 Policy Adjacent land-use practices do not impact negatively on wetlands.

Actions (a) As appropriate, establish, enhance and restore wetlands and riparian areas, as a measure to avoid, remedy or mitigate actual or potential adverse

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action effects of land use and development activities on the cultural and environmental values of these areas (b) Ensure best practice land use within wetland catchments with accompanying guidelines as necessary (c) Identify wetland areas and puna within Maniapoto rohe, at the strategic and landscape scales, to define where activities must be avoided to protect the mauri of water (d) Ensure management of wetlands and water resources occurs through holistic management at the river, lake or aquifer at catchment scale that is linked to coastal zone management for coastal and near-shore wetlands and takes into account water allocations for the ecosystems (e) Restore flood plains, where appropriate land is available and it is feasible, to function as natural overflow areas along rivers and to link more naturally with adjacent wetlands (f) Recognise the significance of and provide for wetlands in spatial planning (g) Avoid direct discharge points that negatively affect the mauri of wetlands

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action

Part 19 Natural 19.3 90-91 19.3.1 Objective: Biodiversity - As above re: Wetland (Objective Heritage and The diversity of natural heritage areas, habitats and ecosystems are 15.3) Biodiversity preserved in a healthy state alongside more modified ecosystems to ensure indigenous species and subspecies maintain genetic diversity and viable - The building zone does not population densities contain any significant stands of vegetation or significant wetlands 19.3.1.2 Policy: Indigenous biodiversity is maintained, restored, enhanced or watercourse. and protected throughout Maniapoto rohe. -If wetland reclamation cannot be 19.3.1.3 Actions avoided restoration of a larger (a) Ensure natural resource use and development, including land use, occurs wetland and stream environment in such a way that indigenous biodiversity is enhanced and protected will be undertaken. A planting (b) Develop regional biodiversity initiatives (e.g., local indigenous biodiversity plan will be developed that seeks strategies) to ensure that indigenous biodiversity is maintained, enhanced to enhance connectivity of habitat and protected for native fauna. (c) Develop inventories and biodiversity monitoring frameworks (d) Strengthen regulatory mechanisms to protect and enhance the - The ecological report, comments biodiversity of ecosystems within that lizard habitat within the Maniapoto rohe building zone is poor. However, (e) Develop an inter-connected network of indigenous forest, shrub land, recommends a lizard survey be wetland, river and stream habitats and ecosystems to enable species to roam undertaken to determine if lizards in their natural ranges are present in the area. If present, (f) Manage such inter-connected networks so they do not become corridors then a lizard management plan for pest species to exploit. will be prepared to salvage and (g) Protect and restore forests, wetlands, coastal dune lands, species and relocate these lizards prior to any ecosystems habitat clearance. (h) Protect and sustain seed stocks for species endemic to Maniapoto rohe for future generations (i) Implement conservation initiatives, including wetland and coastal habitat protection and enhancement, threatened species protection and remnant forest restoration (j) Protect and enhance ecosystems and indigenous species near harbours, river mouths and estuaries (k) Protect intellectual property rights of Maniapoto with respect to indigenous flora and fauna, and derived products

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action (l) Replant indigenous species as appropriate in ecological corridors along rivers and streams, rural shelterbelts, roadsides, subdivisions, and urban and amenity plantings throughout Maniapoto rohe

19.3.2 Objective: Landscapes To protect and enhance significant cultural, spiritual, natural and ecological landscapes, features and locations in the Maniapoto rohe and to protect and enhance Maniapoto relationships and associations with these features

19.3.2.1 Policy Activities and uses that adversely affect significant cultural, spiritual natural and ecological landscapes, features or locations in the Maniapoto rohe are Met with Maniapoto on 9 avoided, and Maniapoto relationships with those landscapes, features or December 2016 and 31 January locations are maintained and restored. 2017.

Actions Discussions with Maniapoto to (a) Ensure resource use and activities maintain and restore connections identify any Maniapoto Cultural between ecological corridors and landscapes and enable species to exist Landscapes affected by the within their natural ecological range proposed new facility. (b) Mitigation measures for the management of effects includes, where appropriate, the restoration of ecological corridors and landscapes. Maniapoto invited to prepare a (c) Encourage reinstatement and proper use of traditional Maniapoto place Cultural Impact Assessment (CIA). names (d) Appropriately protect significant landscapes from destructive activities The Department has a policy for such as vegetation clearance and earthworks naming and signage that includes (e) Appropriately protect significant landscapes, features, locations and the use and promotion of Te Reo The Department will consult associated view shafts (lines of sight to significant areas) from development Māori where appropriate. with RCT and endeavour to or any other adverse effects on their character or amenity values. use the correct Maniapoto Archaeological and landscape spelling, use of macrons and visual assessments are being dialect, where appropriate. prepared. Part 22 22.3.6. 95 22.3.6 Objective: Water infrastructure services – supply, treatment and The Department has a sustainable Infrastructure and 22.3.8 disposal development framework that To employ best and most practicable environmental standards in public incorporates environmental infrastructure for storm water, wastewater and water supply values and environmental best practice. The Departments 22.3.6.1 Policy: Best practice solutions are implemented for each community approach to water management and the receiving environment. includes the efficient use of water

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action within its facilities and Actions: environmentally efficient ways to (a) Protect and enhance all waterways for safe swimming and gathering of manage water discharged from its food facilities (b) Ensure infrastructure services are managed to enhance and protect the mauri of water Maniapoto support the (c) Maintain the quality of discharge from wastewater at optimum levels reticulated wastewater option. through best practice management to ensure minimal adverse effects on water quality in the receiving environment (d) Maniapoto are actively involved in water infrastructure development proposals with councils, resource users and developers to ensure Maniapoto cultural interests and values are recognised and acknowledged in plans, policies, strategies, and development.

22.3.8 Objective: Social infrastructure To make available social infrastructure that provides for the needs of Maniapoto

22.3.8.1 Policy Consultation meeting with Provision of social infrastructure recognises the differing needs of Maniapoto Maniapoto on 9 December 2016 at different life stages and also the communities’ abilities to pay for social and 31 January 2017. infrastructure. Maniapoto asked if they want to Actions provide feedback and/or input (a) Ensure access to funding for construction and maintenance of Maniapoto directly into a Cultural Impact cultural facilities, similar to funding of other public facilities Assessment (CIA) (b) Incorporate Maniapoto heritage values into landscape and urban design through the use of mechanisms such as interpretative works, artworks, public Maniapoto feedback and structures and the introduction/repatriation of traditional place names recommendations will be (c) Ensure new developments incorporate low impact urban design, including considered. This may include consideration of all sustainability options to reduce the development consideration of incorporate footprint and avoiding placing excess loads on existing infrastructure and the Maniapoto heritage values into environment wetland restoration, urban design (d) Promote consideration of low impact and self-sufficient solutions for through the use of mechanisms water, waste, energy in sustainable housing design such as interpretative works, artworks, public structures and

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Subject Reference Page Issue, Opportunity or statement Current Response/Action Future/Proposed Response/Action the introduction/repatriation of traditional place names.

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Appendix G – Responses to Waikato-Tainui Environmental Plan 2013

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Responses and Actions to the relevant sections of the Waikato-Tainui Environmental Plan 2013

Waikato-Tainui Te Kauhanganui Incorporated (WTKTI) superceeded by Te Whakakitenga o Waikato (TWoW)

Waikato-Tainui represented in this project by Waikato-Tainui Marae

The Department of Corrections (The Department)

Notice of Requirement (NoR)

Accidental Discovery Protocols (ADP)

Note: Waikato-Tainui denote long vowel sounds with double vowels (e.g. aa, ii, uu )

Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action Customary Activities 14.2.1 Issue: Customary activities and resources Noted 14.2.5 14.2.1: Traditional sites, including those for fisheries and hunting sites 14.2.6 are often not appropriately recognised or provided for under the Check with Raukawa and 14.2.9 current management regimes. Maniapoto representatives regarding customary 14.2.5 There is a lack of recognition of the importance of and provision activities. for customary activities in resource management planning documentation (e.g. Reserve management plans, local authority plans, resource consent applications)

14.2.6 There is often a lack of consideration of the effect of resource use and infrastructure development activities on customary practices and activities (For example, river hydrological flows to provide for the regatta, etc.

14.2.9 Lack of recognition of maatauranga Maaori innovation and engineering solutions to real world physical problems (e.g dune stabilisation).

Traditional Sites and 14.2.4 103 Traditional sites, including those for fisheries and hunting sites are Waikato-Tainui Marae fisheries often not appropriately recognised or provided for under the current representatives given the management regimes. opportunity to identify any traditional fishing and hunting

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action sites that may be affected by the proposal.

CIA prepared for the applications.

Customary Activities 14.3.2 Objective: Waikato-Tainui customary activities are protected and Waikato Marae enhanced representatives given the The ability of Waikato-Tainui to undertake customary activities is opportunity to identify any protected and enhanced within the rohe, particularly on, in, and around traditional fishing and hunting waterways and their margins, including wetlands and reserves sites that may be affected by the proposal. Policy – customary fisheries 14.3.2.2 - To ensure that commercial and recreational fishing is Waikato Tainui Marae asked if controlled at levels that do not compromise customary fisheries in they want to provide freshwater or coastal areas feedback and/or input directly into a Cultural Impact Policy – restore, protect and enhance customary activities and Assessment (CIA). resource uses. 14.3.2.4 To restore, protect and enhance customary activities and resource uses

Policy – collaboration 14.3.2.5 To work collaboratively with other resource users to manage competing interests around access to and ability to undertake customary activities and resource use.

Customary Fisheries 14.3.2.4 (b) 106 Identify locations of customary activities and fisheries that need As above protecting. Customary activities 14.3.2.5 106 Manage resource use so that effects on customary activities and As above resource use is managed. The building zone avoids the Mangatutu, Wakeria and Moerika Stream. The construction of the new facility will be supported by an erosion and sediment control plan to ensure waterways are

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action protected during construction. Natural Heritage and Issue: Decreased indigenous biodiversity Two wetlands will be affected Biosecurity 15.2.1 The size, natural health, and ecological integrity of the remaining by the development footprint. indigenous areas of vegetation within Waikato will continue to decline The proposal provides for without additional effort to protect, and enhance them offset mitigation including establishing a larger area of 15.2.2 The loss of indigenous trees and plants from the productive and wetland restoration on the human-occupied landscape continues to compromise the health of the designation site. natural environment by lessening the area of suitable habitat for taonga species, severing the vegetation corridors that are essential for Eco-sourced indigenous the dispersal of indigenous species, and reducing the contaminant vegetation will be utilised. buffering and cleansing function that indigenous vegetation can perform.

15.2.3 A significant number of native flora and fauna species in the Waikato Region continue to decline in abundance and geographic spread. Many of the species facing local and regional decline or extinction are of cultural and spiritual significance to Waikato-Tainui

Natural Heritage and Issue: Landscape planning and compromising of natural heritage Two wetlands will be affected Biosecurity 15.2.5 Waikato-Tainui are concerned that inefficient resource by the development footprint. development, use, associated activities and infrastructure risks are The proposal provides for compromising and depleting the remnants of natural vegetation that offset mitigation including remain in the region and serve as a reminder of the original natural establishing a larger area of character of the landscape. wetland restoration on the 15.2.6 The indiscriminate use of indigenous plant material not sourced designation site. from local plant material (i.e. not eco-sourced) for restoration and development rehabilitation projects continues to alter the natural Eco-sourced indigenous character of the region and the genetic composition of the remaining vegetation will be utilised. natural plant and animal populations. Such use needs to give consideration to strengthening the genetic pool of indigenous species. The development area does 15.2.7 Inadequate rural and urban design standards may allow ill- not have high natural considered designs for dwellings and other structures to be built in character. Māori urban areas of high natural character. This further detracts from the mauri of design principles (Te Aranga) the land and weakens the connection with its natural, cultural, and will be incorporated into spiritual foundations tender documents.

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action Natural Heritage and Objective – Indigenous Biodiversity There are no significant areas Biosecurity 15.3.1 The full range of Waikato ecosystem types found throughout the of indigenous forest within Waikato-Tainui rohe are robust and support representative native flora the proposed building zone. and fauna. The building zone avoids the Policy – Indigenous biodiversity Mangatutu, Wakeria and 15.3.1.1 To ensure that the full range of Waikato ecosystem types Moerika Stream. found throughout the Waikato-Tainui rohe are robust and support The construction of the new representative native flora and fauna. facility will be supported by an erosion and sediment control plan to ensure waterways are protected during construction.

An assessment of effects on ecological values has been undertaken.

If wetland reclamation cannot be avoided, restoration of a larger wetland and stream environment will be undertaken. A planting plan will be developed that seeks to enhance connectivity of habitat for native Fauna.

Mitigation planting for wetland restoration (if required) will involve the use of native plants. Landscape planning 15.3.2.1 (f) 114 Fencing and planting with indigenous vegetation occurs, where If wetland reclamation is The Department will appropriate, along permanent waterways within the rohe, to manage required, offset mitigation will consider as part of good the effects of land use practices and enhance biodiversity. involve restoration planting of farm management wetland and stream habitat in practice fencing off other nearby areas of the waterways and wetland Waikeria designation. areas within the

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action Any mitigation planting will designation site, to involve the use of indigenous prevent stock access. plants.

15.3.2 Objective – landscape planning and natural heritage A landscape visual assessment Recommendations to Cultural, spiritual and ecological features of the Waikato landscape that has been undertaken. avoid, mitigate, remedy are significant to Waikato-Tainui are protected and enhanced to potential adverse effects improve the mauri of the land. An ecological assessment has on landscape, ecological been undertaken. and cultural values will Policy – landscape planning and natural heritage included in the NoR and 15.3.2.1 To ensure that there is greater protection and enhancement The Department will seek to regional consent of cultural, spiritual and ecological features of significance to Waikato- use locally eco sourced native application, where Tainui plants for any mitigation appropriate. planting required.

Waikato-Tainui Marae invited to have input into Cultural Impact Assessment.

Objective – landscape planning and natural heritage A landscape visual assessment Recommendations to 15.3.2 Cultural, spiritual and ecological features of the Waikato has been undertaken. avoid, remedy or mitigate, landscape that are significant to Waikato-Tainui are protected and potential adverse effects enhanced to improve the mauri of the land. An ecological assessment has on Waikato-Tainui values been undertaken. will be included in the NoR Policy – landscape planning and natural heritage and any regional consent 15.3.2.1 To ensure that there is greater protection and enhancement The department will seek to applications, where of cultural, spiritual and ecological features of significance to Waikato- use locally eco sourced native appropriate. Tainu plants for any mitigation planting required.

Waikato-Tainui Marae invited to have input into Cultural Impact Assessment.

Waahi tapu 16.1.2 118 To Waikato-Tainui waahi tapu are those sites of significance that are There are no wāhi tapu sites highly prized. They are areas (lands, waters and recorded in the District Plan space) which exhibit the following: or Regional Plan, located

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action (a) Cultural importance such as areas for cultural and spiritual within, or in close proximity to purification, cleansing and/or ceremonial purposes, activities, natural the building zone. places, fisheries and food gathering sites; (b) Historical importance such as areas where significant battles An archaeological assessment occurred, significant and/or Kiingitanga events; has been undertaken that (c) Tribal importance such as existing and historical marae, papakaainga found no archaeological sites (communities), urupaa (burial grounds),tuahu (monuments), and areas within, or in close proximity to of celebration; and/or the building zone. (d) Archaeological importance including areas where taonga tuku iho (see below for definition) are discovered. A landscape and visual assessment has been undertaken

Waikato-Tainui Marae given the opportunity to identify any Wāhi tapu sites (i.e that are not recorded in any statutory documents).

The wāhi tapu protocol sets out tasks associated with identifying, recording and protecting wāhi tapu. These tasks are underway and will be completed as part of the project.

Significant Sites 16.1.4 119 Sites and activities of cultural significance define the history of Waikato- Waikato-Tainui Marae given Tainui. The Waikato rohe has many areas of significance that are the opportunity to identify associated to the history of its people, its environment and culture. any significant sites to After the confiscation of Waikato-Tainui lands and the subsequent Waikato Tainui. industry and urban development, many known sites of significance were destroyed, and shifted to the ownership and management of other persons and organisations. Once Waikato-Tainui sites are altered or lost, they cannot be replaced and there is no mitigation that can restore its original significance. Therefore, Waikato-Tainui must protect

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action their waahi tapu and waahi tuupuna for the benefit of future generations and to acknowledge the sacrifices of tuupuna. Taonga 16.1.5 119 Taonga such as whakairo (carvings), toki (axes, adzes), koo (digging Noted implements), hiinaki (eel traps) and other objects are considered to be taonga tuku iho to Waikato-Tainui. Under the Waikato-Tainui Accord An Accidental Discovery with the Ministry for Culture and Heritage, ‘taonga tuku iho’ is defined protocol will include as: provisions related to taonga. (a) Those things that are highly prized and derived from iwi, hapuu and whaanau. They are whakapapa connected and are passed on from one generation to the next. This includes: (i) tangible objects such as types of heirlooms, artefacts, carvings, land and fisheries; and (ii) intangible substance such as language, spiritual beliefs, ideas and metaphysical gifts. Sites of Significance Issue: Site management protocols An Accidental Discovery 16.2.1 It is critical that, before site works begin, clear protocols exist to protocol will include manage the site and the potential and actual discovery of waahi tapu provisions related to taonga, and/or taonga tuku iho. Lack of understanding of who to talk to within koiwi and sites of significance. Waikato-Tainui and the protocol to be followed can lead to waahi tapu and taonga tuku iho being modified or destroyed. Similarly Waikato- Tainui needs confidence that resource users and activity operators that impact on the rohe of Waikato-Tainui have clear site management protocols. Sites of Significance Issue: Managing waahi tapu and waahi tupuna The wāhi tapu protocol sets 16.2.2 Waikato-Tainui are concerned at the ways that waahi tapu and out tasks associated with waahi tuupuna, whether owned by Waikato-Tainui or privately owned, identifying, recording and have sometimes been managed in the past. This has led to the protecting wāhi tapu. These destruction or inappropriate use of waahi tapu and waahi tuupuna tasks are underway and will sites. Often Waikato-Tainui are not informed of such impending use or be completed as part of the destruction. project. For a number of reasons Waikato-Tainui may not wish to reveal the location or type of a waahi tapu or waahi tuupuna. The wāhi tapu protocol also However, unless Waikato-Tainui are involved in managing waahi tapu provides for accidental and waahi tuupuna, such ‘hidden’ sites cannot be appropriately discovery and working on managed. discrete sites. Sites of Significance Issue: Discovery of taonga (including archaeological sites) The wāhi tapu protocol sets The discovery of taonga tuku iho or archaeological sites must be out tasks associated with accompanied with protocols so that all parties are clear on how best to identifying, recording and

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action manage the discovery for the benefit of the preservation of the taonga protecting wāhi tapu. These or site and Waikato-Tainui aspirations for the taonga or site. Clear tasks are underway and will protocols will enable the discovery to be managed in a way that is best be completed as part of the for cultural, social, and environmental outcomes and to hopefully project. ensure minimum disruption to the resource user’s or activity operator’s activities. An Accidental Discovery protocol will include provisions related to taonga, koiwi and sites of significance.

Sites of Significance Areas and sites of significance The wāhi tapu protocol sets Issue 16.2.4 There are a number of areas and sites of significance to out tasks associated with Waikato-Tainui that can be impacted from a resource use or activity. identifying, recording and These include but are not limited to sites on public and private lands, protecting wāhi tapu. These and coastal sites. tasks are underway and will be completed as part of the Issue: 16.2.5 Protection of identified sites of significance through policy project. and physical protection is key to avoiding the impacts of activities that may degrade or destroy these sites. Protecting sites on Crown lands can be achieved through Accords with the appropriate agency, or with agreements with local authorities. Sites on private lands may need to be protected through working with local authorities, the landowner or through different strategies.

Sites of Significance Objective – Site Management Protocols There are no waahi tapu sites 16.3.1 Site management protocols exist to ensure a precautionary recorded in the District or approach to site works to manage the potential for waahi tapu and Regional plan, located within taonga tuku iho discovery. the proposed building zone.

Policy – Site Management Protocols An archaeological assessment 16.3.2 The Project Manager for a project or consented activities has been undertaken that incorporates site management protocols and other protocols in this found no archaeological sites chapter into the site management plan so as to ensure a precautionary within the building zone. approach to site works to manage the potential discover of waahi tapu and taonga tuku iho. Waikato Tainui given the opportunity to identify any Waahi tapu sites (i.e that are

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action not recorded in any statutory documents).

Accidental Discovery Protocols (ADP) will be implemented for the duration of construction works.

ADP will be consistent with the discovery of taonga tuku iho or archaeological outlined in section 16.3.4.2 of Waikato-Tainui Environmental Plan. Objective – Managing Waahi Tapu and Waahi Tuupuna As above 16.3.3 Waikato-Tainui manages and/or owns all identified waahi tapu and waahi tuupuna.

Policy – waahi tapu, waahi tuupuna site identification 16.3.3.1 Waahi tapu and waahi tuupuna are identified and information is stored and shared appropriately

Policy – Active Engagement 16.3.3.2 Waikato-Tainui marae are actively engaged to ensure the appropriate management of waahi tapu and waahi tuupuna.

Policy – general provisions 16.3.3.3 To ensure that sufficient general provisions for Waikato-Tainui involvement in waahi tapu and waahi tuupuna management are in place and understood.

Objective – Discovery of Taonga (including archaeological sites) 16.3.4 Procedures are in place to manage the discovery of taonga and archaeological sites.

Policy – Archaeological Surveys and Excavations (information and permission)

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action 16.3.4.1 To ensure that appropriate guidelines are in place for undertaking archaeological surveys and excavations (information and permission).

Policy – taonga discovery 16.3.4.2 To ensure that a clear protocol is followed in the event of discovering taonga.

Policy – archaeological sites 16.3.4.3 To ensure that the appropriate protocol for the accidental discovery of archaeological sites is followed.

Objective – areas and sites of significance 16.3.5 The adverse effects of resource use and activity operation are managed so as to appropriately protect areas and sites of significance.

Policy – areas and sites of significance 16.3.5.1 To ensure that the adverse effects of resource use and activity operation are managed so as to appropriately protect areas and sites of significance.

Site Management 16.2.1 120 It is critical that, before site works begin, clear protocols exist to Accidental Discovery protocols manage the site and the potential and actual discovery of waahi tapu Protocols (ADP) will be and/or taonga tuku iho. Lack of understanding of who to talk to within implemented for the duration Waikato-Tainui and the protocol to be followed can lead to waahi tapu of construction works. and taonga tuku iho being modified or destroyed. Similarly Waikato- Tainui needs confidence that resource users and activity operators that ADP will be consistent with impact on the rohe of Waikato-Tainui have clear site management the discovery of taonga tuku protocols. iho or archaeological outlined in section 16.3.4.2 of Waikato-Tainui Environmental Plan.

Consultation with WTKTI to determine the appropriate people to be informed if discovery of Waahi tapu and/or taonga tuku iho.

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action

Managing waahi tapu and 16.2.2 121 Waikato-Tainui are concerned at the ways that waahi tapu and waahi As above waahi tupuna tuupuna, whether owned by Waikato-Tainui or privately owned, have sometimes been managed in the past. This has led to the destruction or inappropriate use of waahi tapu and waahi tuupuna sites. Often Waikato-Tainui are not informed of such impending use or destruction. For a number of reasons Waikato-Tainui may not wish to reveal the location or type of a waahi tapu or waahi tuupuna. However, unless Waikato-Tainui are involved in managing waahi tapu and waahi tuupuna, such ‘hidden’ sites cannot be appropriately managed. Discovery of taonga 16.2.3 121 The discovery of taonga tuku iho or archaeological sites must be As above (including archaeological accompanied with protocols so that all parties are clear on how best to sites) manage the discovery for the benefit of the preservation of the taonga or site and Waikato-Tainui aspirations for the taonga or site. Clear protocols will enable the discovery to be managed in a way that is best for cultural, social, and environmental outcomes and to hopefully ensure minimum disruption to the resource user’s or activity operator’s activities. Areas and sites of 16.2.5 121 Protection of identified sites of significance through policy and physical As above significance protection is key to avoiding the impacts of activities that may degrade or destroy these sites. Protecting sites on Crown lands can be achieved through Accords with the appropriate agency, or with agreements with local authorities. Sites on private lands may need to be protected through working with local authorities, the landowner or through different strategies. Appropriate protocols for 16.3.4.2 127- If taonga are discovered the following protocol must be followed, and the following procedure will apply to the taonga themselves: taonga discovery 128 (i) The area of the site containing the taonga will be secured in a way that protects the taonga as far as possible from further damage. (ii) Waikato-Tainui kaumaatua shall be notified immediately before the taonga is moved. (iii) Kaumaatua will undertake appropriate actions. (iv) Work may resume when advised by the Kaumaatua. (v) If approved by the Kaumaatua, the archaeologist will record, measure and photograph the taonga prior to the Kaumaatua and WTTKI staff member securing the taonga. (vi) Kaumaatua will determine the appropriate action for the taonga once it has been recorded. This may include reburying the taonga in an appropriate location, or storing in an appropriate location. (vii) The WTTKI staff member will notify the Ministry for Culture and Heritage of the find within 28 days to inform the Ministry of its actions.

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action (viii) If the taonga requires conservation treatment (stabilisation), this can be carried out in discussion with the archaeologist, kaumaatua and WTTKI staff member. (ix) For the avoidance of doubt subject to any laws of New Zealand any taonga found shall be the property of Waikato-Tainui who shall hold and use those taonga (including the return of them to marae) as they, in their sole discretion, see fit. Appropriate protocols for 16.3.4.3 128- (a) In the event of an “accidental discovery” of archaeological matter including human remains the following steps shall be taken: the accidental discovery 129 (i) All work within the vicinity of the site6 will cease immediately. of archaeological sites (ii) The plant operator will shut down all construction equipment and activity, leave the site area and unearthed archaeological material in-situ (in place), and advise the relevant person (e.g. site construction supervisor, consultant, owner, or other person named as the ‘relevant person’). (iii) The relevant person will take immediate steps to secure the area of the site to ensure the archaeological matter remains undisturbed. Work may continue outside of the site area. (iv) The relevant person will ensure that the matter is reported to the Regional Archaeologist at the New Zealand Historic Places Trust, Waikato-Tainui (for clarity this includes relevant mana whenua), and to any required statutory agencies7 if this has not already occurred. (v) The relevant person will ensure that a qualified archaeologist is appointed to ensure all archaeological matter is dealt with appropriately. (vi) In the event of the material being of Maaori origin the relevant person will ensure that the Waikato-Tainui are contacted in order that appropriate cultural processes are implemented to remedy or mitigate any damage to the site. (vii) Any and all visits to the site must be cleared by the relevant person. It is advisable that a list of authorised personnel to visit the site is maintained. Under law it is a requirement for the site operator to undertake the overall safe management of the site, including the health and safety of all persons visiting the site. To meet this requirement and also to protect the integrity of the accidental discovery, Waikato-Tainui consider it important that all visitors to the project site are recorded, cleared and inducted into the site. (viii) The relevant person will ensure that the necessary people shall be available to meet and guide representatives of the New Zealand Historic Places Trust, Waikato-Tainui, and any other party with statutory responsibilities, to the site. (ix) Works in the site area shall not recommence until authorised by the relevant person who will consult with the New Zealand Historic Places Trust staff, Waikato-Tainui, the NZ Police, and any other authority with statutory responsibility, to ensure that all statutory and cultural requirements have been met. (x) All parties will work towards operations recommencing in the shortest possible timeframes while ensuring that any archaeological sites discovered are protected until a decision regarding their appropriate management is made, and as much information as possible is gained. Appropriate management could include recording or removal of archaeological material. Fresh Water Objective – The relationship between Waikato-Tainui and Water Waikato Tainui Marae asked if Waikato Tainui sent draft 19.4.1 Waikato-Tainui engage and participate in the highest level of they want to provide ecological report for decision-making on matters that affect waters in the Waikato-Tainui feedback and/or input comment and feedback rohe. directly into a Cultural Impact on the potential wetland Assessment (CIA). restoration. Policy – decision making

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action 19.4.1.1 To ensure that Waikato-Tainui engage and participate in the Waikato Tainui will be highest level of decision-making on matters that affect waters in the invited to assist in wetland Waikato-Tainui rohe. restoration.

Wetlands Objective – Wetland mauri and condition, hauanga kai, habitat The two wetland areas within 20.3.1 Existing wetlands are protected and enhanced the prison expansion area have been identified as highly Policy – improvement to the condition of existing wetlands modified and degraded 20.3.1.1 To encourage improvements to local hydrology (where wetlands. In accordance with possible) to support healthy wetland function, and restoration of locally the recommendations of the appropriate wetland biodiversity within local planning and land draft ecological report, the management practice. wetland areas within the building zone will be avoided Policy – land use planning and management adjacent to wetlands if possible. If wetland 20.3.1.2 To ensure that all land use practices that have the potential to reclamation cannot be impact on wetlands have efficient sediment, drainage, discharge, avoided restoration of fertiliser application, and riparian buffer control practices in place to another larger wetland and ensure that adverse impacts on wetlands are prevented. stream habitat, on the designation site will occur. This will result in an overall net gain in wetland area.

Improvement to the 20.3.1.1 170 Facilitate and/or support the establishment of programmes to restore In accordance with the condition of existing and expand wetland habitat. These programmes should be developed recommendations of the wetlands and implemented to achieve a measurable increase in the quality of ecological report, if the wetlands, and should ideally include, but not be limited to: wetland areas within the (i) Restoring existing wetlands; building zone cannot be (ii) Removing and/or controlling plant and animal pests; avoided restoration of (iii) Using technology such as constructed wetlands where this is another larger wetland and feasible; stream habitaton the (iv) Expanding the size of those wetlands where this is feasible; designation site is proposed. (v) Re-establishing wetlands adjacent to lakes and rivers where land is This will result in an overall available and conditions net gain in wetland area. remain suitable for wetlands; and (vi) Identifying and setting aside government and local authority owned Wetland restoration (if land for the purpose of wetland creation and enhancement. required) will include a pest plant management strategy.

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action

Wastewater 25.1.7 218 The increasing regional population means that additional infrastructure The Department will provide Infrastructure and natural resources are required to support them. These include adequate infrastructure to landfills (Hampton Downs), wastewater treatment plants (District support the increased prison Councils), correctional and educational facilities, water and waste population. This includes reticulation systems, transport corridors (Waikato Expressway and upgrade of the waste water Southern Links), water supply, energy and mineral resources (coal and facility and an upgrade to the hydro power). parts of the surrounding road network, where required.

Land use and Objective – approach to land use and development As above development 25.3.1 Development principles are applied to land use and development (urban and rural) and, in particular, development in new growth cells, that enhance the environment.

Policy – approach to land use and development 25.3.1.1 To encourage development principles to be applied to land use and developments (urban and rural) and, in particular, development in new growth cells, that enhance the environment.

Objective – urban and rural development 25.3.2 Urban and rural development is well planned and the environmental, cultural, spiritual, and social outcomes are positive.

Policy – rural development 25.3.2.2 To ensure that rural development is well planned and the environmental, cultural, spiritual and social outcomes are positive.

Policy – positive environmental and cultural effects 25.3.3.1 To ensure that land use and development, particularly new land use and development, has positive environmental and cultural effects.

Stormwater, wastewater 25.3.1.1 222- (a) Proposed developments shall demonstrate how they have The Department has a The Department will 223 considered and applied development principles sustainable development consider incorporating framework that incorporates

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action that enhance the environment including, but not limited to how the environmental values and culturally appropriate development: environmental best practice. design. i. Restores the capacity of ecosystems; The Departments approach to ii. Creates or maintains ecosystems that function without human water management includes intervention the efficient use of water iii. Understands and acknowledges the diversity and uniqueness of the within its facilities and development location (socially, culturally, spiritually, economically, and environmentally efficient environmentally); ways to manage water iv. Considers how the development design incorporates the diversity discharged from its facilities. and uniqueness of the development location (such as culturally appropriate design, interpretive panels, commemorative pou [poles], The AEE for the alteration to etc); the designation and the v. Minimises pollution and waste; regional consent applications vi. Promotes efficient and effective energy conservation and use; for earthworks and vii. Preserves and preferably enhances the natural hydrologic functions stormwater discharge will of the site; involve a comprehensive AEE viii. Identifies and preserves sensitive areas that affect the hydrology, including streams and their buffers, floodplains, wetlands, steep slopes, high-permeability soils and areas of indigenous vegetation; ix. Effectively manages natural hazards; x. Considers beneficial re-use on-site of stormwater and wastewater; xi. Considers water conservation; and xii. Provides for visual amenity consistent with the surrounding environment.

Stormwater 25.3.2.1 223- Manage the adverse effects of urban and rural residential subdivision The building zone has been 225 and development through the use of Low Impact Development (‘LID ’) chosen to avoid as much as principles in all new subdivisions and developments including, but not possible environmentally limited to: sensitive sites. i. Minimising stormwater impacts to the greatest extent practicable by reducing imperviousness, conserving natural resources and The Department will consider ecosystems, maintaining natural drainage courses, reducing use of the use of LID principles to pipes, and minimising clearing and grading; manage and minimise ii. Providing runoff storage measures dispersed through the site's stormwater impacts. landscape with a variety of detention, retention, and runoff practices; iii. Where they will be of benefit, encouraging the use of mechanisms such as rainwater harvesting, rain gardens, roof gardens, and onsite storage and retention;

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action iv. Where they will be of benefit, encouraging the use of stormwater treatment devices including on-site treatment systems, allowing for emergency storage and retention structures; and v. Such areas that have unavoidable impervious areas, attempt to break up these impervious areas by installing infiltration devices, drainage swales, and providing retention areas. (i) For construction sites: i. Reduce paving and compaction of soils; ii. Manage the effects of soil disturbance; iii. Site building and infrastructure to manage the effects on existing vegetation, particularly where that vegetation contributes to the overall amenity of the site; iv. Minimise imperviousness by reducing the total area of paved surfaces; and v. Maintain existing topography and pre-development hydrological processes. Wastewater, stormwater, 26.2.4 231 Management of water systems is often not undertaken in a holistic The application involves an water supply manner taking into account all waters (water alteration to the designation, supply, wastewater, stormwater, fresh water and marine water). and the relevant stormwater discharge consents. The management and effects on all waters is therefore being considered together is a holistic manner. (Note change this statement if separate regional consents).

Infrastructure Objective – Waikato-Tainui engagement 26.3.1 Infrastructure development, upgrade, and maintenance within Waikato Tainui asked if they the Waikato-Tainui rohe occurs in partnership with Waikato-Tainui. want to provide feedback and/or input directly into a Policy – Waikato-Tainui engagement Cultural Impact Assessment 26.3.1.1 To ensure that infrastructure development, upgrade and (CIA). maintenance within the Waikato-Tainui rohe occurs in partnership with Waikato-Tainui. Principles of maatauranga Maaori design and Objective – infrastructure development, upgrade, and maintenance environmental protection methods and techniques will

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action 26.3.2 Infrastructure development, upgrade, and maintenance be considered where manages economic, social, cultural, spiritual, and environmental appropriate. effects.

Policy – infrastructure development, upgrade, and maintenance 26.3.2.1 To ensure that infrastructure development, upgrade, and maintenance manages economic, social, cultural, spiritual, and environmental effects.

Wastewater, Matauranga 26.3.1.1 (c) 233 When designing water and wastewater systems, Waikato-Tainui Engagement will continue Māori design encourages regulatory authorities and applicants for resource with Waikato-Tainui to consents, and designations to apply principles of maatauranga Maaori identify any relevant design and environmental protection methods and techniques. maatauranga Maaori design and environmental protection methods and techniques.

Contact with Waikato- Tainui Marae to confirm the areas and level of involvement of Waikato- Tainui in designation/consent conditions.

Wastewater, water 26.3.2.1 (d) 233 Infrastructure development and management shall be planned to The AEE involves a supply, stormwater manage adverse effects on water bodies, stormwater, water supply and comprehensive AEE that wastewater systems. assesses the effects on water bodies, and stormwater. Infrastructure Objective – Waikato-Tainui engagement Waikato Tainui asked if they 26.3.1 Infrastructure development, upgrade, and maintenance within want to provide feedback the Waikato-Tainui rohe occurs in partnership with Waikato-Tainui. and/or input directly into a Cultural Impact Assessment Policy – Waikato-Tainui engagement (CIA).

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Subject Ref Page Issue, Opportunity or statement Current Response / Action Future/Proposed Response / Action 26.3.1.1 To ensure that infrastructure development, upgrade and Principles of maatauranga maintenance within the Waikato-Tainui rohe occurs in partnership with Maaori design and Waikato-Tainui. environmental protection methods and techniques will Objective – infrastructure development, upgrade, and maintenance be considered where 26.3.2 Infrastructure development, upgrade, and maintenance appropriate. manages economic, social, cultural, spiritual, and environmental effects.

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APPENDIX H – High level Assessment of Te Ture Whaimana / Vision and Strategy for the Waikato River (Objectives)

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Issue, Opportunity or Statement Current Response / Action Future/Proposed Response / Action • Objective A. The restoration and protection of the The Department has identified a Building Zone Regional consents for earthworks, health and wellbeing of the Waikato River. within the Waikeria prison site, in which the new stormwater discharge, and any prison facility will be built. The Building Zone has disturbance of contaminated land (if been selected to minimise environmental effects. It required) will include an assessment of avoids significant streams and watercourses environmental effects and include (including the Mangatutu, Waikeria, Moerika ways to avoid, remedy and mitigate Stream). It also avoids significant wetland areas. any adverse effects on waterways.

There are two highly modified wetland areas and A offset mitigation has been proposed two unnamed waterways within the Building Zone. for wetland restoration. The waterways and wetlands are tributaries of the Mangatutu Stream, which in turn flows into the It is expected that the farm operations Puniu River. If reclamation of the wetlands and on site will be consistent with, and waterways cannot be avoided, mitigation including meet the necessary requirements of restoration of a larger wetland area and/or riparian the Waikato Regional Council margins within the prison designation site will be Proposed Plan Change 1 undertaken. This will result in a net gain in wetland Wairoa/Healthy Rivers within the habitat. appropriate timeframes. This will include meeting nitrogen leaching loss A new reticulated wastewater system is proposed. targets, fencing of waterbodies and This involves wastewater being collected and wetlands and the development of the initially treated at Waikeria, transferred to Te farm environmental plan. Awamutu WWTP via a new pipeline (most likely located in road reserve), with final treatment at Te Awamutu WWTP. This proposal would include the treatment of wastewater from the existing facility as well as the new facility. The wastewater treatment option avoids the discharge of wastewater into the Mangatutu Stream. It will improve the current level of wastewater treatment on the site and reduce environmental and cultural

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The Department will not be taking water from the Mangatutu Stream or seeking an increase in water takes from groundwater. It is expected that water sensitive design, water efficiencies and new water infrastructure will provide more efficient use and re-use of water.

Details of areas of new impermeable surfaces is not yet available. Regional consents for stormwater discharge will be sought by the successful tenderer. This will involve a detailed assessment of environmental effects, including ways to avoid, remedy and mitigate any adverse effects and include a further assessment of the proposal against the Vision and Strategy for the Waikato River, if required.

A Detailed Site Investigation identifies potential areas of contaminated land within the Building Zone. If disturbance of contaminated soils cannot be avoided, the appropriate consents will be sought. This will involve a remediation action plan and include ways to avoid, remedy and mitigate environmental effects, including effects on wetlands and watercourses.

The construction of the new prison facility will be supported by an erosion and sediment control plan to ensure waterways are protected during the construction period.

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It is understood that nitrogen discharge resulting from the existing farming operations on site falls well below the average nitrogen reference point for farm operations in the Waikato and Waipa River catchments. • Objective B. The restoration and protection of the Engagement has occurred with Waikato-Tainui and Further engagement will occur with relationship of Waikato-Tainui with the Waikato it was requested that consideration be given to the Waikato-Tainui for any regional River, including their economic, social, cultural, Waikato-Tainui Environmental Plan 2013. consents required including; and spiritual relationships. earthworks, wastewater, stormwater An assessment of the proposal against the relevant discharge, and any disturbance of issues, opportunities and statements of the contaminated soils. Waikato-Tainui Environmental Management Plan has been undertaken. This can be found in Appendix F of the Cultural Impact Assessment and includes the Department’s response and actions on matters of customary activities, natural heritage and biosecurity, landscape planning and natural heritage, sites of significance, fresh water, wetlands, land use and development, stormwater and wastewater and infrastructure. • Objective C. The restoration and protection of the Engagement has been conducted with Maniapoto Engagement will continue with relationship of Waikato River Iwi according to and Raukawa mandated entities. Raukawa Settlement Trust, Maniapoto their tikanga and kawa, with the Waikato River, Māori Trust Board (or the appropriate including their economic, social, cultural and Issues and opportunities have been identified from delegated group) and appropriate spiritual relationships. consultation meetings with Raukawa, Maniapoto marae/hapu to work through details of and the Te Kaumatua Roopu o Waikeria. These are commitments and mitigation addressed in section 4 of the Cultural Impact measures. Assessment. In regard to the restoration and protection of Raukawa and Maniapoto relationship Further engagement will occur with to the Waikato River the following is noted: Maniapoto and Raukawa for any - Wāhi tapu sites will be protected. No known regional consents required including; Wāhi tapu sites are located within the stormwater discharge, earthworks and

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Building Zone. An archaeological report and any disturbance of contaminated soils CIA has been prepared for the project. if disturbed. Accidental discovery protocols in accordance with Raukawa and Maniapoto The Department will work with iwi management plans will be adopted for Maniapoto and Raukawa to establish a the duration of earthworks. programme of that recognises the tangata whenua relationship with the - The Department is committed to ensuring whenua through the expression of the appropriate protocols (tikanga and tikanga and kawa at milestones of the kawa) are followed throughout the project. project such as; turning the first sod, start of works, removal of topsoil, - There is an existing wāhi tapu protocol completion of buildings, occupation of agreement between the Department and the buildings. the Te Kaumatua Roopu o Waikeria. The commitments of the agreement are The continuation of the Te Kaumatua intended to be implemented as part of this Roopu o Waikeria and Iwi project. representation on the Community Liaison Group and further - The Department has established and consideration given to extending maintained several long-standing advisory membership or establishing a wider groups including the Te Kaumatua Roopu o group representing iwi across the Waikeria who provide tikanga support to catchment area. staff and management at Waikeria. Continuing farm operations on site will - Wastewater from the new facility and meet the necessary requirements of existing prison will be pumped to the Te the Waikato Regional Council Awamutu WWTP. Therefore, avoiding Proposed Plan Change 1 direct discharge into the Mangatutu stream Wairoa/Healthy Rivers with the and Puniu River. appropriate timeframes. This will include meeting nitrogen leaching loss - The Department will not be taking water targets, fencing of waterbodies and from the Mangatutu Stream or seeking an wetlands and the development of the increase in water takes from groundwater. farm environmental plan.

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It is expected that water sensitive design, water efficiencies and new water infrastructure will provide more efficient use and re-use of water.

In addition, an assessment of proposal against the Raukawa Management Plan and the Maniapoto Management Plan has been undertaken. These assessments can be found in Appendix D and E of the Cultural Impact Assessment.

• Objective D. The restoration and protection of the The Department has undertaken consultation with Ongoing consultation with relevant relationship of the Waikato Region’s communities local authorities, the public sector, Waikeria prison interest groups where required. with the Waikato River including their economic, staff and communities, prison service providers, social, cultural and spiritual relationships. environmental interest groups, community providers and representatives, the local community, neighbouring properties, iwi, and the general public. Feedback that relations to the communities’ relationship to the Waikato river has been considered and recommendations have been incorporated into the proposal where appropriate. A summary of the consultation and feedback can be found in section 10 of the NoR AEE.

• Objective E. The integrated, holistic and The NoR to alter the designation draws on a number coordinated approach to management of the of expert reports and takes into consideration a natural, physical, cultural and historic resources of broad range of effects including; social, cultural, the Waikato River. landscape and visual, economic, transportation, lighting, archaeological, noise, ecological, construction and cumulative effects. Recommendations to avoid, mitigate, remedy potential adverse effects related to the

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management Waikato River have been provided in the NoR.

• Objective F. Adoption of a precautionary approach A Building Zone has been identified within the towards decisions that may result in significant prison designation site to manage use of resources adverse effects on the Waikato River, and in and limit effects of the prison facilities in an efficient particular those effects that threaten serious or and effective manner. irreversible damage to the Waikato River. A number of expert report have been prepared to inform the NoR AEE. The AEE considers a broad range of potential and actual environmental effects and includes ways to avoid, mitigation and remedy potential adverse effects on the environment. No significant adverse effects on the Waikato River have been identified or are anticipated as a result of the proposal.

• Objective G. Recognition and avoidance of The proposal is located in the Waipa River adverse cumulative effects, and potential catchment. Cumulative effects have been cumulative effects, of activities undertaken both considered in the NoR AEE. on the Waikato River and within its catchments on the health and wellbeing of the Waikato River.

• Objective H. The recognition that the Waikato A wastewater treatment option has been chosen River is degraded and should not be required to that avoids direct discharge into the Mangatutu absorb further degradation as a result of human River. activities. In addition, other ways to avoid, remedy and mitigate potential effects on the Waikato river have been adopted and are referenced above under current actions and responses to Objective A.

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• Objective I. The protection and enhancement of A Building Zone for development of the new prison significant sites, fisheries, flora and fauna. facility has been chosen that avoids all known archaeological sites, and areas of significant wetlands or vegetation.

Ecological and archaeological reports and a cultural impact assessment have been prepared as part of the AEE, and include recommendations to avoid, remedy and mitigate environmental effects in regard to significant sites, fisheries, flora and fauna. This includes those mechanisms discussed in this table under response to Objective A and C.

• Objective J. The recognition that the strategic The importance of the Waikato River is importance of the Waikato River to New Zealand’s acknowledged and the protection of the health and social, cultural, environmental and economic wellbeing of the Waikato River is addressed through wellbeing is subject to the restoration and the response to objectives A and C outlined above. protection of the health and wellbeing of the Waikato River. • Objective K. The restoration of water quality The Department has chosen to pipe wastewater to within the Waikato River so that it is safe for the Te Awamutu Wastewater Plant. This option will people to swim in and take food from over its also cater for the existing prison watewater, which entire length. currently discharges into the Mangatutu stream. This will result in an improvement to water quality.

• Objective L. The promotion of improved access to Not applicable. The Waikeria Prison facility is a Not applicable the Waikato River to better enable sporting, restricted access facility. recreational, and cultural opportunities. • Objective M. The application to the above of both maatauranga Maaori and latest available scientific methods.

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APPENDIX I – Map showing former land blocks taken for the purposes of the Tokanui Hospital / Waikeria Prison

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