TUKITUKI CATCHMENT PROPOSAL PLAN CHANGE, NOTICE OF REQUIREMENT AND RESOURCE CONSENTS

IN THE MATTER of the Resource Management Act 1991

AND

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

BETWEEN NGĀTI KAHUNGUNU INCORPORATED

AND the HAWKE’S BAY REGIONAL COUNCIL

AND the HAWKE’S BAY REGIONAL INVESTMENT COMPANY LTD

STATEMENT OF EVIDENCE OF MARGARET AKATA MCGUIRE ON BEHALF OF OPERATION PATIKI AND KOHUPATIKI MARAE

8 OCTOBER 2013

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

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CONTENTS

INTRODUCTION ...... 1

SCOPE OF EVIDENCE ...... 2

KOHUPATIKI MARAE AND THE TUKITUKI RIVER ...... 3

CONTEMPORARY USE...... 4

EFFECTS OF THE PROPOSAL ...... 6

KOHUPATIKI HAVE MANA WHENUA TO THE TUKITUKI ...... 7

CONCLUSION ...... 8

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INTRODUCTION

1. My full name is Margaret Akata McGuire. My primary Tribe is Ngāti Kahungunu and my Hapu is Ngāti Hori although I have affiliations to Ngāti Hawea, Ngāti Kautere, Ngāti Hinemoa and Ngāti Toaharapaki.1 I reside in Whakatu and I have lived here for 67 years, since my birth in 1947.

2. I come from the Principal Chief Taha-tu-o-te-rangi the warrior ancestor who begat Ngāti Hori of Tanenuiarangi Pa on the banks of the Ngaruroro Mokotuararo-ki-rangātira, Mangateretere West block, Whakatu, the current site where the old Tucker’s Woolscourers building stands today. We are ahi ka and have maintained unextinguished fires over fourteen generations, since the 1600s.

3. I hold the positions of Chairperson of Kohupatiki marae and Trustee, Chairperson of the Chadwick Family Trust (the Trust) and have acted as a Trustee for twenty-five years. During this period I led the Trust’s successful fight as far as the Privy Council in the case of McGuire v Hastings District Council on the Northern Arterial Route (NAR).2 I am also founding Chairperson of Operation Patiki.

4. I am the mandated representative for Kohupatiki marae on the Claimant Group, He Toa Takitini. I am a member of the Executive and have held the position of Treasurer since its inception in 2005.

5. I hold a Certificate in Social Work. I also hold a National Certificate in Seafood Maori (Customary Fishing Management).

6. I worked for New Zealand Post for twenty-two years and held the position of Branch Manager during its devolution over a six year period. Currently, I work for the Hawke’s Bay District Health Board as Co-ordinator for Flaxmere Community Health and have worked for the District Health Board, in one capacity or another, for the last nineteen years. In 2003 the Kaitakawaenga position was created for me to help address inequalities for the Child Health Team working with Public Health Nurses.

1 For your reference, I have attached my to Ngāti Hori at Appendix A. 2 McGuire v Hastings District Council [2002] 2 NZLR 577 (PC). KLA-100293-2-69-V1:ARB 1

7. Kohupatiki marae is opposed the RWSS in its current form and are concerned that the environmental effects on the Tukituki river, the Coastal environment and the aqua and wildlife has not been adequately addressed by HBRC. In particular, we are concerned that there have been no mitigation proposals to marae in the lower Tukituki river to offset any effects to our cultural way of life, and to address the environmental concerns that ngā marae o Ngāti Kahungunu, and the Mana Whenua have in regards to the RWSS.

8. I am the Founding Chairperson of Operation Patiki. Operation Patiki was established by Kohupatiki marae to survey the Patiki (black flounder) in the Ngaruroro Tawhito (known commonly referred to as the Cilve River). We conducted our research in conjunction with the Hawke’s Bay Regional Council (HBRC), and supported by Ngāti Kahungunu Iwi Incorporated (NKII), Ngā Kaitiaki o te Awa a Ngaruroro, Hawke’s Bay District Health Board, Ministry of Primary Industries, Fish & Game Hawke’s Bay, the Department of Conservation, Ngā Whenua Rāhui, and Guardians of Hawke Bay Fisheries.

9. I am authorised to make this statement of behalf of Kohupatiki marae for the purposes of supporting the submission of Operation Patiki, Matahiwi marae, Waimarama marae, Ruahapia marae, Waipatu marae and Ngāti Kahungunu Iwi Incorporated.

SCOPE OF EVIDENCE

10. My evidence will cover:

(a) the significance of the Tukituki river to Kohupatiki marae, Whanau and Hapu;

(b) consultation with Kohupatiki marae, Whanau and Hapu on the Ruataniwha Water Storage Scheme (RWSS) and the Tukituki Catchment Proposal (the Application);

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(c) effects of the Application on Kohupatiki marae, Whānau and Hapū; and

(d) Operation Patiki, and the effects of Plan change 6 on the Ngaruroro river.

KOHUPATIKI MARAE AND THE TUKITUKI RIVER

11. I and my entire family were born and raised in Whakatu and Kohupatiki. Although our whanau kainga was on one side of the river we frequently resided at Kohupatiki marae, for periods from one week to a month to service the marae needs. During the school terms we would walk from the marae across the river using the Railway Bridge to catch the school bus to Mangateretere. The same routine was observed to get to work in all weathers. Our father, Banjo Paipa, worked at the Whakatu Freezing Works.

12. Kohupatiki is located by both the Ngaruroro river and the Tukituki River. I was raised on both sides of the two rivers.

13. My father was a hunter and gatherer and one of our primary food sources was the Tukituki river. My father would go in the early evening to set the hinaki for eels and then early morning, around 4am, he would go spearing flounder with the tilly lamp. He would return home around 7am and serve flounder for breakfast. A haul of 160 was not uncommon. I remember growing up on flounder from the Tukituki that were so large my mother would have to cut them in half to fit into the pan. Later on in the day he would require at least six men (or a shearing gang) to pull the hinaki.

14. My dad planned his gathering of kai awa if conditions were favourable – sufficient moonlight, clear water, sufficient river flowing so that the fish maintained their position against the current - not moving, perfect for catching. My dad understood the river’s characteristics over numerous periods of observation, indicating the optimal locations for successful harvest.

15. My father maintained traditional manaakitanga to the elderly and infirm by sharing his catch widely. However he was grateful for the attention and

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professional care shown to members of his family when they required a house call by the local Clive General Practitioners, Dr Jack Boston and Dr Don Ingram. Dad would offer up smoked tuna, smoked kahawai, fresh mullet or whitebait to name a few and when in season, mushrooms. The local Clive Garage owner Mr Beckett and his wife Dolly would service our truck in exchange for a Griffins tin full of whitebait when it was in season also.

16. My father learnt everything he knew about the Tukituki river, and the river systems in the Heretaunga plains from my grandfather Te Hore Ngarangi Chadwick. My grandfather and his brothers were renowned for providing bountiful catches of kai awa and kai moana for Kohupatiki marae especially during the annual General Synod for the Waiapu Diocese where the marae hosted the Maori clergy for the week.

17. The importance of these annual gatherings brought together Maori clergy both men and women leaders of their parishes, rohe and communities from Ngāti Porou, Te , Whakatohea, Tuhoe, Tuwharetoa, Turanga, and Tamatea hosted by the first Maori Pihopa, Bishop Frederick Augustus Bennett. Their focus being a unified people under God, Queen and Country.

18. The hau kainga ensured their reputation as hosts was second to none with flounder, mullet and kahawai from both the Ngaruroro and Tukituki, superior eels from the Tukituki, an abundance of smelt from the Tukituki and mussels from Te Awanga adorning the tables. Come the poroporoaki the elders and speakers of the manuhiri would always rise to thank the for the bounty shared.

CONTEMPORARY USE

19. My husband Tom McGuire and my Uncle Charlie Hart, kaitiaki of the awa Kahui, had been fishing together for all the species mentioned above over the 1960s to the 1990s, over forty years. In the sixties and seventies they used to go down and get breakfast 6am and spear kahawai and mullet off the whitebait stands – and plenty of it. They shared their fish with others.

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20. Tom helped Uncle Charlie dry the mullet, kahawai and smelt on the rocks by the river. All this happened in a day. Old bedsprings obtained from the Black Bridge dump were placed on the rocks and the fish hung over them.

21. The fishing whānau were Hiko Whanau, Whatarau Brothers, Materoa and Ted Toa, Charlie Waufang, Georgie Moon, Darkie Unahi, Rosie, Aunty Bella married to Jim, Storkie & Rosie Hesketh, Broughton Ormsby, Jim and Aunty Winnie Taylor, Aunty Rita & Dan Walker, Dray Kingi, and pakeha family the Boyce brothers, and a man who used to stay down by the mouth he was Hughie Johnston and Ma King, the fisherman we used to refer to as ‘Chinaman’.

22. Ma King preserved kahawai whole with scales on and ungutted covered in salt in tomato boxes of the day. Two fish together were covered in salt then two more fish layered until the box was full. Then the boxes were stacked one above the other and left for three months. Usually you got an invite to tea in three months time.

23. Smelt catches of one or two 44 gallon drums were the norm. When the drum came home my mother and us girls used to keep turning them over in the sun to dry out on a tin, covering them over with a sack at night. Then we used to put them in a mutton cloth and hang them from the shed ceiling for about three months until they had sufficiently dried. The run had finished then and we began cooking them on top of potato to soften them. Others snacked on them as we snack on potato chips today.

24. Noticeable changes in the Tukituki awa were observed in the 1980s by Uncle Charlie and Tom. The major changes were the extraction of large boulders (up to the size of a ten litre bucket) that were crushed. This removed the quiet water behind the boulders where the fish used to rest. From then on the fish probably swam upstream seeking shelter and refuge in calm waters. Big holes just below the Black Bridge were dredged for different types of metal for the roads and builders mix. In a flood the holes were filled and later dredged again. Fishing was still good in the eighties. Going into the nineties, experienced fishermen noticed where once the Tukituki river was a fast flowing river and renowned for fish that like fast flowing waters, it began to transform into a slow flowing wide river and the quality of the fish life began to decline. With the widening and shallowing of KLA-100293-2-69-V1:ARB 5

the Tukituki the fishermen observe the water is warmer than usual in the summer time along with more algae and slimy content of the riverbed.

25. In the nineties we observed the water colour in the estuary and backwash became murky. The river is a lot quieter now. No longer can we hear the tumbling of water over the rocks like it is raining.

26. The Smelt and whitebait season used to begin in August when the Willow trees start to flower. Now the season begins in late October and there are far less smelt available for the taking. Our family has not had a feed of smelt for about ten years. Our last family feed of kahawai from the Tukituki was five years ago, 2008, from a keen fisher.

EFFECTS OF THE PROPOSAL

27. Kohupatiki marae are opposed to the Application and the RWSS proposal in its current form.

28. We are in the lower catchment of the Tukituki river. We will be impacted the most by the Proposal as we are right at the bottom of the river. We have seen the impacts to water and food quantity and quality when the river is affected upstream through the shingle extraction for example. We can only expect that the RWSS proposal will have an even more drastic effect on our precious ancestral life-giving wai / waters.

29. Major concerns are the prolonged shallowing and widening of the river leading to heating of water during summer, destruction of fish habitat and increasing algae and non-existent relationship with tangata whenua related to the awa.

30. We do not want the Tukituki to mirror the current state of the old Ngaruroro / Clive river, Karamu Stream or the Waitangi Estuary. We don’t want the lower part of the Tukituki to be turned from a river to a drain.

31. I am concerned that the changes that will occur upstream will have a devastating effect on our way of life downstream.

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KOHUPATIKI HAVE MANA WHENUA TO THE TUKITUKI

32. Ngāti Hori Have a long history of resource management and freshwater management in the rohe o Ngāti Hori.

33. Ngati Hori, descend from Tahatu-o-te-rangi. Tahatu-o-te-rangi accepted a peace offering to end several decades of conflict with the northern tribes Ngapuhi, , Tuwharetoa, Ngāti Maniapoto and Ngāti Raukawa. These iwi all had, at differing times, attempted to make claim the fertile and plentiful lands of the Heretaunga Plains, and the teeming waters of Te Whanganui-a- Orotu.

34. In a more contemporary context, Ngati Hori have a registered hapū management plan with the HBRC, Ngāti Hori Freshwater Resources Management Plan 2009/2012 (attached at Appendix B). We are the only hapū of Ngati Kahungunu to take this approach to freshwater management in our region. The cornerstone priorities of our plan freshwater management plan are:

(a) achieving sufficient water flow;

(b) improving water quality;

(c) protection and restoration of traditional riparian vegetation;

(d) protection and restoration of fish and fish habitat.

35. The river systems of the Heretaunga Plains allowed for many generation of my Whanau to use the waterways as their state highway transport system. This started around the time of Hikawera and Tukuaterangi my Tipuna who resided at Te Awanga on the south side of the Tukituki. Although I reside at Whakatu and my Marae is Kohupatiki it is without question my status as Tangata Whenua of the Heretaunga Plans to the Tukituki river and Catchment area is without question.

36. Given our freshwater priorities as a hapū in the Tukituki catchment, and as tangata whenua in the Tukituki Catchment, we are very concerned that the Proposal will not meet the objectives of our freshwater management plan, or serve to protect our cultural and environmental values. KLA-100293-2-69-V1:ARB 7

CONCLUSION

37. I am disappointed that the Hawke’s Bay Regional Council did not seek to consult us on the major proposal. I am also disappointed that the Hawke’s Bay Regional Council did not consult the hapū of Ngāti Kahungunu.

38. We have experienced drought and have developed irrigation techniques that we would have discussed with the HBRC. The Chadwick Trust Farm 364 Ha. solution to water storage during 2012-2013 drought the farm maintained green pastures while the surrounding farms browned off – all due to pasture management working with the soil and a simple fertiliser regime. Stock health and stock numbers were not subjected to stress or being on-sold. We encourage the Board of Inquiry to investigate further.

39. We want the endemic fish species returned to the river in abundance as described in our evidence above. We want use and access guaranteed as described in our evidence above. We want a swift-flowing, deep channelled river with access by foot or by boat. We want a Reserve / kainga alongside the awa to rest, prepare and conduct seasonal fishing activities with our Mokopuna and Kaumatua as has occurred since Whatonga’s arrival first in our rohe. We want to have shared custodial duties alongside the authorities of the day ensuring co-ownership, co-management and co-operation as guaranteed under the Treaty of Waitangi.

Signed by Margaret Akata McGuire

On this day the 8 October 2013

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APPENDIX A

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APPENDIX B

NGĀTI HORI FRESHWATER RESOURCES MANAGEMENT PLAN

“OPERATION PATIKI”

2009/2012

Ko Te Amorangi kia mua ko te hapai o ki muri te tuturutanga mahi pono o te Maori Mana motuhake

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INTRODUCTION Ma wai ra e Taurima

If not we then who?

1. Purpose and scope of this plan This document presents Ngāti Hori’s priorities and objectives in relation to freshwater. This document will play an important part in achieving our aspirations for freshwater in our Rohe. It provides a foundation for our planning for freshwater and represents a continuous process of management, from past to current times, of the Karamu Stream and its resources. This plan is also designed in large part to influence the regional policy on freshwater and flows, including the Karamu Stream Enhancement Plan. It is hoped that the Hawkes Bay Regional Council will take this plan, and any other related future documents, into account when they are changing or making plans in relation to freshwater. In particular, we expect that this document and the plan that it envisions will be taken into consideration as Hawkes Bay Regional Council proceeds with its current Karamu Catchment Enhancement Plan. Our plan is based around the following priorities of Ngāti Hori in freshwater:  Achieving sufficient water flow

 Improving water quality

 Protection and restoration of traditional riparian vegetation

 Protection and restoration of fish and fish habitat

These priorities are based on Ngāti Hori’s values in the Karamu stream. They were articulated through various hui held through 2008 and 2009 as well as a cultural mapping exercise and a customary fisheries survey undertaken by Ngāti Hori in partnership with fisheries biologist Ian Kusabs. This plan is organised around these priorities and related issues. Each issue is then considered in relation to the desired outcomes that we are working towards as well as our plan for achieving these outcomes.

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2. Whakapapa

Te Tahatu ote Rangi belonged to Te Whatuiapiti of Poukawa and he was sent for to help defend Tanenuiarangi Pa. The Pakake of Tanenuiarangi Pa asked first for Te Rangikoianake the Tuakana of Te Tahatu ote Rangi but the RaNgātira Manawakawa would not agree and sent Te Tahatu ote Rangi instead.

Defending Tanenuiarangi along with Te Tahatu ote Rangi were Te Tutura and Rangikamangungu. When Te Rangikoianake heard of this he rushed to assist his brother. Together they fought and defeated the war party. The name of the battle was called Whakamarino.

However Ngāti Porou wanted to avenge their defeat and returned. Te Tahatu sent messengers to Kouturoa Pa and Motukumara Pa on Lake Oingo for reinforcements. Half the warriors returned to assist Te Tahatu ote Rangi at Tanenuiarangi. Ngāti Porou attacked Motukumara first, killing all there, and then turned their attention on Tanenuiarangi.

The attack began by surrounding Tanenuiarangi but by night fall the attack failed. As well, they tried to burn down the Pa, tunnel under it and even attempted to pull down the pallisades with the help of waka. Every attempt to take the Pa failed.

In the war party was Te Ruruku who saw his daughter Hineioroia Te Rangi. She was married to Rangikamangungu’s son. Te Ruruku sent his younger brother Meke and a party of warriors who landed their waka at Te Rae o Kore seeking a peace. An Adze was exchanged by Rangikaunuhia giving this to Meke calling a truce and averting bloodshed. Meke took his canoe then went on to the ford at Ihanganui turned around and returned to their Kainga.

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Kohupatiki, Hui-tanguru 2012

Kohupatiki was established in the 8 0’ s by Te Waka Kawatini who had no Heirs so invited his nephew Paora Torotoro to join him. On November 18th, 1869 the Rotopounamu No 1. block was Crown-granted to the following five grantees: Paora Torotoro, Te Waka Kawatini, Tamehana Pekapeka, Tareha Te Moananui and Ahere Te Koare. Ahere Te Koare having no issue saw his title inherited by his grand neice Ngamihi Te Kehu Chadwick who repatriated from Taumarunui Tuwharetoa. Her grandmother Te Hoerakau had been taken captive during the of 1824 at the battle of Te Pakake Ahuriri.

Kohupatiki, Riparian strip, Mahuru 2010

3. Kohupatiki

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Ngāti Hori is a hapū of Ngāti Kahungunu ki Heretaunga. Ngāti Hori ki Kohupatiki are kaitiaki of the lower Karamu Stream and have a close historic and traditional relationship with the Karamu and the former course of the Ngaruroro River. The Ngaruroro, was very much part of daily life for Ngāti Hori ki Kohupatiki and provided an abundant source of mahinga kai (wild food resources such as fish, waterfowl and plants). The importance of the Ngaruroro River to Ngāti Hori is reflected in the location of Kohupatiki Marae which is situated on the true left bank of the lower Karamu Stream. This plan covers from the river’s mouth to where the Karamu Stream flows past Kohupatiki up to Pakowhai the beginning of the Raupare stream.

4. Policy and legal context This plan for the management of our freshwater is related to the current Heretaunga-Tamatea Treaty of Waitangi claim and the Hawkes Bay Regional Council’s Karamu Stream Enhancement Project that was in its early stages of implementation during the drafting of this plan. The Hawke’s Bay Regional Council’s Stream Enhancement Project is a comprehensive enhancement programme for the Karamu catchment that aims to eventually improve water quality and fisheries values in the lower Karamu Stream. This programme includes riparian planting, restricted stock

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access to the riparian margins, enhanced public access, screening of industry and development of wetlands for stormwater treatment and enhancement of mahinga kai species (such as plantings for inanga spawning). Under the current strategy for enhancement of the Karamu Stream, Maori values are provided for under the generic category of “Amenity” values. This is of primary concern to Ngāti Hori because their cultural values are not necessarily in line with other amenity values such as “beauty” and “landscape” values nor are they fully encompassed within the notion of amenity values. This plan then will assist us to realise our unique cultural values within the larger social-ecological system of the Karamu Stream. Resource managers are obliged under Part II of the Resource Management Act 1991 in their exercise of functions and powers under the RMA to recognize and provide for matters of national importance including “the relationship of Maori and their cultures and traditions with their ancestral lands, water, sites, wahi tapu and other toanga” (s.6). Under section 7, decision makers must have particular regard to certain other matters in carrying out the purpose of the Act. These matters include kaitiakitanga (section 7(a)). Kaitiakitanga is defined in the Act as the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Māori. Section 8 provides that in achieving the purpose of the Act, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi.

5. Strategy for achieving recognition of this Plan Operation Patiki will be driven by a working group that will meet on a bi-monthly basis. This plan will also be lodged with the Hawkes Bay Regional Council and will include Consultation Guidelines to assist people when consulting with Ngāti Hori ki Kohupatiki on this plan and other matters.

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PRIORITY 1  Achieving sufficient water flow

The Karamu Stream is a low gradient waterway that drains a catchment area of 490 km2. The Karamu flows through Havelock North and the small townships of Whakatu and Clive before entering an estuarine river mouth which it shares with the Tutaekuri and Ngaruroro rivers. The current Karamu Stream was once a former course of the Ngaruroro River, until 1867 when a large flood changed the course of the river. Flooding of the productive, southern area of the Heretaunga Plains has been an issue since the time of settlement, and in 1969, as part of the Heretaunga Plains Flood Protection scheme, the Ngaruroro River was diverted to the north, leaving the Karamu and Raupare streams to feed the lower Karamu Stream or as it also known the Clive River. The diversion of the Ngaruroro River in 1969 dramatically altered the lower Karamu Stream, that is, from the Karamu/Raupare confluence downstream to its mouth at Waitangi Estuary. Prior to the diversion this section was dominated by the Ngaruroro River – a large, rapid-flow river, with high water quality and a gravel bed substrate. This change of flow regime, in conjunction with substantial landuse changes in the Karamu Stream catchment has increased the volume of nutrients, sediments and pollutants entering this section of the Karamu Stream. Without the flushing ability of the Ngaruroro River, this section of river has become a soft-bottomed channel, lacking the riffle and pools previously associated with it. Moreover, the diversion has resulted in a reduction in the dilution properties of the Karamu Stream and increased the concentration of nutrients and pollutants. A new river ecosystem, including fisheries values, has evolved in response to these changes. In 2008, when Ngāti Hori conducted a fisheries survey of the Karamu Stream, it flowed at a moderate velocity over a predominantly gravel and sand stream bed substrate. In the middle and lower sites, the river flowed slowly over a mud and sand stream bed with few pools. The Hawkes Bay Regional Council extracts gravel at random times and locations, which further destroys the systems supported by the Karamu Stream. Ngāti Hori’s values in the Karamu Stream, especially in relation to customary fisheries, depend on the restoration of minimal flow levels that have largely been destroyed due to the extensive historic river diversion. Flow levels in the Karamu Stream are thus of primary importance to Ngāti Hori’s role as kaitiaki of the area and the species once well supported by the stream system. The futures of both the Karamu Stream and the values it provides for are uncertain. This is because the Karamu Stream continues to be viewed and treated as a flood channel and the long term plan of the Hawkes Bay Regional Council is to increase protection against floods through the widening of the Karamu Stream where it passes by Kohupatiki marae. As this will potentially result in even lower water flows and greatly alter the riverbank even further, these plans directly conflict with Ngāti Hori’s aspirations for the long-term management of the Karamu Stream and the species it supports.

Issues 1.1 The Hawkes Bay Regional Council plans for widening the Karamu Stream directly conflict with Ngāti Hori’s aspirations for the long-term management of the Karamu Stream and the species it supports. Outcome: Influence Hawkes Bay Regional Council plans for widening the Karamu Stream.

Method Actions Timeframe Authority 1. Get access to any Ongoing TM, AP 1. Information HBRC’s engineering stocktake of all past, reports current and future

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actions of the Hawkes 2. Read HBRC’s Ongoing NH Bay Regional Council Karamu Enhancement for the management Plan of the Karamu water flows. 3. Attend all HBRC Ongoing NH consultations on the Karamu Stream 1. Identify contacts in Ongoing TM, AP 2. Find ways that HBRC in relevant areas Operation Patiki can influence plans for 2. Take HBRC staff, Jan/Feb 2010 TM widening the Karamu engineers and mayor Stream. on river

3. Find data on past Jan-March 2010 AP state of Karamu and past management

4. Building on cultural Jan 2010 NH mapping exercise from 2008 and database to gain data on past state of Karamu & how values and ways of using have changed

5. Work with HBRC to Ongoing NH come up with solutions

1.2 Management of the Karamu Stream has created a change of flow regime that, in conjunction with substantial landuse changes, has destroyed the flushing ability of the river. In the past the water flowed rapidly and the bottom was made of gravel bed substrate. The Karamu has now become a soft- bottomed channel that is choked with weeds.

Outcome: Restore the bottom of the river to shingle to create a steady flow.

Method Actions Timeframe Authority 1. Identify contacts in Ongoing TM, AP 1. Dredge/Digger to HBRC in relevant area clear the bottom.

2. Take HBRC staff, Jan/Feb 2010 TM engineers and mayor on river

3. Find data on how Jan-March 2010 TM dredging was done in the past

4. Approach other Ongoing NH groups for support for this method

5. Exert political Ongoing NH pressure

6. Find culturally Jan-March 2010 TM, MM, AP

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appropriate diggers for sections with wahi tapu sites 1. Identify contacts in Ongoing TM, AP 2. Pump water in HBRC in relevant area periodically

2. Take HBRC staff, Jan/Feb 2010 TM engineers and mayor on river

3. Find data on how Jan-March 2010 TM this could be achieved

4. Approach other groups for support for Ongoing NH this method

5. Exert political Ongoing NH pressure 1. Identify contacts in Ongoing TM, AP 3. Clear the silt. HBRC in relevant area

2. Take HBRC staff, Jan/Feb 2010 TM engineers and mayor on river

3. Find data on how Jan-March 2010 TM this could be achieved

4. Approach other groups for support for Ongoing NH this method

5. Exert political Ongoing NH pressure

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PRIORITY 2  Improving water quality

Explanation There are many contributing factors to the increasingly poor water quality in the Karamu Stream. The Karamu Stream catchment includes the urban and industrial areas of Hastings, Havelock North, Whakatu and Clive. There are a range of different land uses in the area including Kohupatiki Marae, residential housing at Whakatu, orchards and heavy industry. Ngāti Hori is concerned about the potential for stormwater run off from urban, roads and industrial areas that may contain contaminants such as heavy metals (arsenic, cadmium, chromium, copper, lead mercury, nickel and zinc) and hydrocarbons. Additionally, in the area many crops are treated repeatedly with herbicides, insecticides, fungicides and other chemicals. There is also a long history of significant discharge of contaminants by industry. The cumulative discharge of such chemicals when combined with elevated amounts of sediment and nutrients can result in an overall degradation of fisheries and aquatic values. These contaminants are not only toxic to fish but also have the potential to accumulate in the environment and food chain. Another effect is the build up of nutrients (such as animal waste, fertiliser and industrial discharge) that is causing eutrophication in the Karamu which leads to abundant growths of aquatic macrophytes (aquatic plants that grow in or near water and are either emergent, submergent, or floating) and algae. A recent fisheries survey by Ian Kusabs revealed dense aquatic macrophytes beds, comprised mainly of Potamogeton crispus, present at all sites, while the marginal aquatic plant, Apium nodiflorum or water celery, proliferates in the upper site. Suspended sediments and weeds also make it difficult for fish to visually find food. Industrial development on the margins of the Karamu has the potential to further decrease the water quality, thus adversely effecting the environment. Despite iwi and hapū resistance in the area, new zoning for industry continues and Maori remain unable to significantly influence council’s decisions in this regard.

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Issues

2.1 Industry continues to discharge into the Karamu, both through permitted and non-permitted discharges, which negatively affects water quality.

Outcome: Less contaminants discharged into the Karamu by industry.

Method Actions Timeframe Authority 1. Get training for Completed 1. Develop a water quality monitoring plan for monitoring water quality

2. Identify sites for Completed Based on Ian Kusab’s monitoring. report

3. Identify team and Early 2010 NH establish a monitoring plan.

4. Investigate culturally Ongoing NH relevant ways of monitoring alongside scientific measures (ie. Cultural Health Index)

5. Develop baseline To be determined NH data with regular monitoring (ie. weekly). 1. Approach HBRC to To be determined 2. Investigate an see where levies go opportunity to receive/use 2. Lobby HBRC to To be determined development levies for receive some of those remedial projects to levies be undertaken by

Ngāti Hori that could 3. Set up a structure To be determined enhance the quality of and plan for dealing the Karamu Stream with levies received

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PRIORITY 3  Protection and restoration of traditional riparian vegetation

Explanation One of the focus areas of the Karamu Stream Enhancement Plan is the re-vegetation of riparian zones. Riparian vegetation throughout the area is presently comprised mainly of pasture grasses and weeds with occasional groups of willow (Salix spp.) and poplar (Populus spp.) trees. In the past these banks were abundant with native species such as flax, toetoe and cabbage tree. Overhanging vegetation provided natural habitat for fish species. The high light level now getting through to the stream increases the growth of aquatic weeds. At present, native vegetation is extremely sparse and most native wetland species on the stream margins have either been grazed or sprayed out. Contributing to the problem is that the course of the stream has been highly altered throughout the 1900s as a flood channel and for development purposes. Prior to development, it would have had a greater variation of depth and width, and wetland areas would have formed as the stream shifted after floods. Now, however, the streams course is mostly uniform and it lacks the natural pools, riffles and runs that would have in the past provided in-stream habitat.

Issues

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3.1 The destruction of natural vegetation along the Karamu Stream over the years means that there no longer is a filter system to prevent run-off nutrients from reaching the water and has destroyed much of the in-stream habitat for fish.

Outcome: Increased natural vegetation for Karamu Stream along Kohupatiki Marae

Method Actions Timeframe Authority 1. Define project Completed AP 1. Planting project for boundaries Kohupatiki Marae

2010-2011. 2. Identification of Completed AP plant types and number

3. Site inspections of Completed AP other groups

4. Memorandum of Completed AP & MM Understanding with Periodic Detention for maintenance

5. Submit application Completed AP for Department of Conservation funding

6. Community planting Mid-2010 AP day (advertised & sausage sizzle) 1. Memorandum of Ongoing AP & MM 2. Creating a long- Understanding with term source of plants Mangateretere School

2. Memorandum of Completed MM Understanding with

Chadwick Trust

3. Explore other Ongoing NH sources of funding (Genesis Trust, community sponsorships)

3.2 The destruction of natural vegetation along the Karamu Stream has decreased its natural beauty and impacts negatively on Ngāti Hori’s relationship to the Stream.

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Method Actions Timeframe Authority 1. Notify Maori Jan 2010 AP 1. Signal to Hawkes standing committee of Bay Regional Council Hawkes Bay Regional and wider community Council of intention to the rekindling of submit this plan to kaitiaki regional council.

2. Submit this plan to March 2010 AP & MM Maori standing committee of Hawkes Bay Regional Council.

3. Submit this plan to March 2010 AP & MM Hawkes Bay Regional Council.

Kohupatiki, river bank riparian planting, Mahuru, 2010

PRIORITY 4  Protection and restoration of fish and fish habitat

Explanation In September 2008, Ngāti Hori completed a fisheries survey with Ian Kusabs, a fisheries biologist, which recorded a diverse fish assemblage with 8 species of native freshwater fish: common bully, common smelt, goldfish, inanga, mosquito fish, shortfinned eel, torrentfish and yelloweyed mullet.

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The Karamu Stream also supports important customary and recreational fisheries for whitebait, eel, black flounder and yelloweyed mullet. The diversion of the Ngaruroro in 1969, in conjunction with extensive land development in the Karamu Stream catchment, has created a new ecosystem in the lower Karamu. This ecosystem is characterised by a soft-bottomed channel, lacking riffles and pools and elevated concentrations of nutrients, pollutants, abundant growths of aquatic weeds and a fish community dominated by hardy, lowland fish species such as shortfinned eel, inanga and yelloweyed mullet. Fisheries values in the lower Karamu Stream have been adversely affected by these changes and other river channel and drainage works. It was recommended from the 2008 fisheries survey that Ngāti Hori implement a fisheries monitoring programme, based on traditional fishing methods, to monitor fisheries resources in the lower Karamu Stream. This will enable Ngāti Hori to establish baseline fisheries data and to monitor any future changes in the lower Karamu Stream fishery.

Issues 4.1 As tangata whenua, Ngāti Hori seeks to have increased powers of management for their fisheries. Outcome: Establishment of measures that will allow Ngāti Hori to revitalize and protect fisheries and fish habitat in the Karamu Stream.

Method Actions Timeframe Authority 1. Talk to people to Ongoing AP, MM 1. Explore which gather necessary data. measures are appropriate, 2. Decide on Ongoing AP, MM including rahui and appropriate measures. maitaitai reserves.

3. Identify appropriate Ongoing AP, TM, MM sites.

4. Prepare and submit To be determined application to relevant authority (ie. Ministry of Fisheries). 1. Seek funding to set Ongoing All 2. Implement a up and implement a fisheries monitoring program. programme.

CONSULTATION GUIDELINES 1. When consulting with Ngāti Hori ki Kohupatiki it is essential that in each matter the appropriate person or group from within the hapū is identified. The identity of this person is likely to vary from each matter and steps should be taken in each case to ensure that consultation is taking place with the appropriate person/groups. 2. Effective consultation is likely to take place over three face-to-face meetings. The first meeting will serve as a basic introduction of key persons and of the issue to be discussed. The second and third meetings will ensure that the hapū has had time to gather/discuss relevant data and has a full understanding of the issue. 3. In recognition of the daily commitments of hapū members, flexible times for meetings should be the norm and reflect the hapū’s preference for early evening meetings. 4. Advance notification of consultation is required. This notification will be deemed adequate where it is given two weeks in advance and followed up with a reminder notice. 5. It should also be noted that meetings will be more meaningful where they are held on the marae though Ngāti Hori will be flexible with location of meetings.

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6. It should also be noted that adequate consultation involves more than a committee of people around a table. Rather it requires that all key parties are brought to the table and given full information on the matter. 7. It is expected through the series of three meetings that both parties will compile data including a hard copy list of all contacts and make this available to each other.

For more information about this plan please contact: Margaret Akata McGuire Tel: 06 8700093 [email protected]

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