Cultural Impact Report
Dry Creek Replacement Cleanfill
September 2012
Te Rūnanga O Toa Rangatira Inc
Whakatauki
Toitu te Marae o Tane, Toitu to Marae o Tangaroa, Toitu to Iwi.
If the domain of Tane survives to give sustenance, And the domain of Tangaroa likewise remains, So too will the people.
2
Table of Contents
Introduction 5 Te Runanga o Toa Rangatira Inc 7
Ngati Toa Rangatira 8
• Ngati Toa Origins and Heke south 8 • The Ngati Toa Empire 9 Ngati Toa Rangatira Rohe 9
Ngati Toa’s Customary Rights 10
• Customary Rights • Ngati Toa’s Traditional Relationship 11 with the Project area 12 • Crown Strategy to undermine Ngati Toa Polity 12 • Continuous Presence 13 13 • Key Findings of the Waitangi Tribunal Cultural Significance 15
• Te Ao Maori 15 • Assessment of cultural significance 17
Assessment of Cultural Effects 20
• Freshwater Effects 20 • Removal of Native Vegetation 23 • Erosion and Sediment • Waahi tapu 23 24
3 Mitigation of Cultural Effects 26
• Streams 26
• Native Vegetation 27
• Sediment 28
• Waahi Tapu 28 28 • Monitoring 29 • Memorandum of Understanding Conclusion 30
Appendix I – Brief of Evidence of Richard 33 Boast 34 Appendix II – Te Rauparaha 35 Appendix III – Te Rangihaeata 36 Appendix IV – Taupo Pa 37 Appendix V – Te Rangihaeata’s Pa 38 Appendix VI – Boulcott’s Stockade 39 Appendix VII – Battle Hill
4
Introduction
Te Runanga o Toa Rangatira Inc has been engaged by Winstone Aggregates to prepare an assessment of cultural effects for the Dry Creek Replacement Cleanfill. This is located on private land adjacent to Belmont Regional Park, off State Highway 58. We understand that resource consent is being sought for the deposition of approximately 1.75 million cubic metres of clean fill at this new site which is required to replace the current Dry Creek Cleanfill expected to reach full capacity in the near future.
The cleanfill footprint will be approximately 13.9 ha in area and will be focussed within the lower half of a large gully of the application site. We understand the cleanfill application will fill a large area of the main gully and most of the smaller side gullies, which will be re vegetated for farming use following the completion of infilling. However the upper sections of the gully will remain unaffected which will enable regenerating and mature native vegetation to remain in tact and could benefit from potential future protection through stock exclusion opportunities.
However the proposed work includes removal of existing native vegetation, topsoil stripping and bulk earthworks. Associated with this work is the culverting of the side gullies as they are progressively filled with the overburden. An unnamed tributary of the Pauatahanui Stream, which flows through the gully, will also be impacted by diversion and culverting works associated with the development of the site. A number of other waterways are also potentially impacted by the proposal.
The following is an assessment of potential cultural effects arising from the proposal. However the conclusions drawn in this report can only be considered preliminary at this stage as the full body of information required for a comprehensive assessment of cultural effects was not available at the time of writing this report. The only technical reports considered as part of this assessment were the draft terrestrial and stream ecology reports which do not include the full range of mitigation proposed to address ecological effects. The consultation document provided by Winstones was the only other piece of information considered for this report. In order to complete this assessment and confirm conclusions reached in relation to cultural effects it will be necessary to review the full application and assessment of effects when this information becomes available.
5 Finally, it is important to note that Raukura Consultants have also completed a cultural impact report for this proposal. This has been undertaken in association with Wellington Tenths Trust and Port Nicholson Block Settlement Trust. Neither of these Trusts have Tangata Whenua status within the area of the application. Ngati Toa is the only Iwi with recognised manawhenua rights and interests within the Porirua district. This is affirmed through Ngati Toa’s historical and contemporary relationships with the area (discussed at pp12 15), including recognition by Porirua City Council of Ngati Toa’s status as Tangata Whenua within Porirua, as well as the recent findings of the Waitangi Tribunal and Ngati Toa’s Treaty settlement with the Crown which preclude the claims of all other iwi to Porirua.
Therefore, it is Ngati Toa’s position that the report produced by Raukura Consultants does not represent the views of the Tangata Whenua who, in this case, are Ngati Toa. While we acknowledge that most of the report and its recommendations are not necessarily inconsistent with ours, it still has no legitimate status and should not be given any weight in considering potential cultural effects. In terms of the historical background provided in the report, we consider that this downplays Ngati Toa’s role and involvement in significant historical events played out in the Pauatahanui area that were, in fact, part of the Crown’s deliberate strategy aimed at targeting Ngati Toa (discussed at pp 12 15). To provide a comprehensive historical context for these events, we have included (as Appendix I: pp29 36) a document presented to the Waitangi Tribunal during the Ngati Toa hearing in 2003. The historical context is important in understanding the cultural significance of the application site and the potential cultural effects arising from the proposed cleanfill development.
6 Te Runanga o Toa Rangatira Inc
This report has been prepared by Te Runanga o Toa Rangatira Inc, on behalf of Ngati Toa Rangatira (Ngati Toa).
The Runanga is the administrative body of Iwi estates and assets, and deals with the political and public issues of national interest through the management of relevant activities such as Treaty of Waitangi claims, customary fishing activities, tourism, health and medical services, vocational training and resource management.
The overall vision of the Runanga is:
“To promote the mana of Ngati Toa Rangatira by enhancing the social, economic, educational, cultural and spiritual development of all whanau members, in an open and responsive manner, by enabling them opportunities to attain their full potential for the benefit of the Iwi and the community.”
In pursuit of this vision, the Runanga is mandated to exercise Kaitiakitanga on behalf of Ngati Toa. This involves taking responsibility for protecting Ngati Toa’s customary interests and promoting the sustainable management of the environment within Ngati Toa’s tribal area.
However Ngati Toa’s ability to carry out Kaitiakitanga has been seriously undermined since the alienation of our lands and resources to the Crown in 1847. Today, the Resource Management Act represents one of the few avenues available to Ngati Toa for the expression of Kaitiakitanga. The RMA provides the opportunity for Ngati Toa’s involvement in local government planning and processes in relation to environmental matters. This includes the opportunity to have input into resource consent applications, such as this one.
In this sense this report is an exercise in kaitiakitanga as it enables Ngati Toa to assess the significance of any cultural effects and to recommend mitigation as necessary to address these effects. The paramount concern of Ngati Toa is always the protection of ‘mauri’ (life force) present in all aspects of the natural world, with a view to ensuring the overall health and wellbeing of the environment and its human inhabitants.
7 Ngati Toa Rangatira
Ngati Toa Origins and Migration South
Ngati Toa is a tribe belonging to the Tainui waka. The Iwi’s eponymous ancestor was Toa Rangatira a renowned chief who lived in the 17 th Century. Ngati Toa’s traditional homeland was at Kawhia on the coast west of the heartland of Tainui. However as a consequence of the pressure from our Waikato neighbours and the attractions of the Cook Strait as a place to settle and trade with the pakeha, Te Rauparaha led Ngati Toa in a historic resettlement from the Kawhia region to the Cook Strait. By 1840 Ngati Toa was established as the pre eminent Iwi dominating the Kapiti, Porirua, Wellington and Te Tau Ihu (northern South Island) regions.
Ngati Toa held a maritime empire founded on a virtual monopoly of access to European goods and trade in the Cook Strait region. Ngati Toa possessed a de facto military and economic power that was widely recognised and acknowledged by both Maori and European. The Crown recently acknowledged this dominance in submissions to the Waitangi Tribunal and negotiations for the settlement of the Ngati Toa claim will address the loss Ngati Toa suffered as a result of Crown actions shortly after the signing of the Treaty.
8
The Ngati Toa Rohe
Ngati Toa’s rohe (tribal area) is traditionally described as being from Whangaehu in the north, the Tararua ranges to the east, south by Turakirae Heads to Kaikoura and west to Arahura, then returning to Whangaehu.
The rohe spans a large number of local authorities. It includes both rural and urban areas, as well as a diverse range of landscapes from the Manawatu plains to the Marlborough Sounds and the North Canterbury high country. It is also important to understand that Ngati Toa’s rohe is not solely focused on the land, but that the waters of the Cook Strait are at the heart of the rohe and are as integral to our association with this area as the land.
9 Ngati Toa’s Customary Rights
Customary Rights
Ngati Toa’s customary rights within the rohe derive from two tikanga (or customary law) principles of raupatu and ahi kaa.
Raupatu
Rights through raupatu or conquest arise from a number of key incidents that clearly show that Ngati Toa subdued the iwi who were present in the rohe and as a result obtained rights through raupatu.
The key event marking the definitive establishment of Ngati Toa in the Cook Strait area was the Battle of Waiorua on Kapiti Island in 1824 where Ngati Toa defeated a combined allied force of the Kurahaupo tribes. This defeat was followed by a series of other battles which saw Ngati Toa clear any resistance to their settlement from other iwi from Whangaehu to Te Whanganui a Tara (Wellington) as well as to areas in the South Island.
10
Ahi Kaa
By the 1830s Ngati Toa held over arching rights in the Cook Strait area. The strategic importance of the Cook Strait became apparent to Te Rauparaha during a preliminary scouting expedition to the region in 1819. While visiting the Ohariu area, Te Rauparaha noticed a trading ship passing through the Cook Strait which highlighted its value as a highway for trade and the importance of coastal areas including Porirua, Pukerua and Kapiti as vantage points and nodes of access.
Control of access to Wellington’s south west coast, the Kapiti Coast and Porirua was key to maintaining Ngati Toa’s Cook Strait empire. Professor Ward, one of New Zealand’s leading historians, acknowledged the wide influence of Te Rauparaha’s mana in evidence before the Waitangi Tribunal when he stated that:
“actual occupation and cultivation of land, nor even the specific fishing rights that whanau and hapu developed, do not fully encompass the kind of authority Te Rauparaha had from his control of access to harbours and seaways.” (Professor Ward; Brief of Evidence for Waitangi Tribunal Hearing (Wai207), 9 June 2003, p13)
Ngati Toa was determined to maintain control of their trading empire in the Cook Strait. To do this, it was necessary for them to follow up their conquest with rights of ahi kaa. Ahi kaa literally means to keep the home fires burning and recognises the idea that it is not enough to simply conquer an area but that the conquerors must also retain a presence there.
Ngati Toa’s Traditional Relationship with the Project Area
Traditionally, Ngati Toa exercised ahi kaa in relation to the project area mainly through the customary use of resources. The dense forest cover throughout the Pauatahanui catchment supported an abundance of resources that were relied upon by Ngati Toa for their survival. Native plants were gathered for rongoa (medicinal purposes), timber was obtained for whakairo (carving), and birds and other wildlife were hunted for food. The extensive network of streams and waterways flowing through the catchment supported large populations of native fish and were highly valued by Ngati Toa as mahinga kai (food resources). The Pauatahanui Inlet also sustained an abundance of fish and Kaimoana (shell fish) which comprised an important part of Ngati Toa’s diet.
However there are no known pa, kainga, cultivations or urupa within the project area, or any other cultural sites aside from the traditional Maori tracks . This is consistent with the pattern of early Maori settlement in the area, which was predominantly in coastal locations where there was ready access to fishing and the gathering of kaimoana.
11
It is important to understand though that the nature of Ngati Toa’s relationship with the area changed dramatically in the 1840s when Pauatahanui became the focus of the Crown’s military strategy against Ngati Toa. The Crown’s strategy was designed to undermine Ngati Toa’s leadership and rangatiratanga (authority), with the object of acquiring Ngati Toa’s lands at the Wairau (Marlborough) and Porirua. We now turn to a discussion of this crucial period in Ngati Toa’s history.
Crown strategy to undermine the Ngati Toa Polity
Ngati Toa’s control over the Kapiti and Porirua districts, and dominance throughout the Cook Strait region, continued until the Crown intervened with military force. Ngati Toa were perceived as a military and economic threat by the Crown, especially after the Wairau Affray in 1843 – caused by the illegal actions of the Nelson magistrate – and eventually Governor Grey set in place a deliberate policy of coercion in order to bring Ngati Toa hegemony to an end.
This programme involved a number of aspects. Following a classic “divide and rule” strategy Governor Grey persuaded some iwi (including Te Atiawa under the leadership of Te Puni and Wi Tako) to aid the Crown against Ngati Toa. Forts were built in Wellington, Karori, Hutt Valley and a blockhouse at Paremata. Disturbances in the Hutt in 1846, involving an attack on Boulcott’s farm which was being used as a military outpost (refer to Appendix VI), and which resulted in the deaths of six soldiers, provided the impetus for the Crown’s plans. Although the attack in the Hutt involved Whanganui Maori (who had Ngati Rangatahi affiliations) Te Rangihaeata’s men were implicated and plans were laid to attack Te Rangihaeata’s pa located at Pauatahanui. (Refer to Appendix 1 for a fuller account of this history and Appendix V for an image of Te Rangihaeata’s Pa))
However by the time the Crown and militia had arrived in Pauatahanui, Te Rangihaeata had abandoned his pa, retreating to the Horokiri Valley where he made a stand at a place now named Battle Hill (refer to appendix VII). After a short three day battle, he abandoned this position and headed north. Although pursued he was never caught. Safely in Ngati Raukawa territory, Te Rangihaeata ensconced himself at Poroutawhao, a swamp pa (near Levin) belonging to his mother’s people of Ngati Huia. Governor Grey took no further action to dislodge him but Te Rangihaeata was forced to remain there in exile for the rest of his life.
In the meantime, Grey had also implemented another course of action involving Te Rauparaha. Although Te Rauparaha had actively kept out of events occurring in the Hutt, Grey decided it would satisfy public pressure and strike a blow at Ngati Toa power to kidnap Te Rauparaha. On 23 July 1846, a night raid by soldiers and militia on Taupo Pa at Plimmerton resulted in the capture of Te Rauparaha and six others (refer to Appendix IV). Without being charged or
12 committed to trial, the Ngati Toa chiefs were taken Auckland and held captive there for 18 months.
With Te Rauparaha removed to Auckland, and Te Rangihaeata in exile in the Manawatu, Ngati Toa’s leadership and authority had been seriously undermined. To complete his objectives of pacification Grey set his sights on acquiring Ngati Toa’s remaining lands at the Wairau Valley in Marlborough and at Porirua. On 18 March 1847, the Crown ‘purchased’ the 608,000 acre Wairau block from Te Rauparaha’s nephews, on the promise of his release. Two weeks later, the Porirua ‘purchase’ was completed, once again under duress, with the Crown acquiring most of Ngati Toa’s land from Ohariu to Paekakariki. Included within the Porirua purchase was the land now included in the area proposed for the clean fill site.
Evidence is available that the negotiations for these land transactions took place within a pressured context of discussions over Te Rauparaha’s continuing imprisonment. For Grey, the purchases were part of a wider strategy to end Ngati Toa military and political power. As he later wrote to his superiors in London, he believed that the acquisition of Ngati Toa land “will give us an almost unlimited influence over a powerful and hitherto a very treacherous and dangerous tribe.” 1 With the acquisition of Ngati Toa’s land, Grey had pacified the Wellington district and finally cleared away any resistance to European settlement in Porirua.
Continuous Presence
Despite the Crown’s military action against Ngati Toa which left the Iwi in a state of virtual landlessness, Ngati Toa has continued to exercise customary rights within our traditional rohe to the present day. This has occurred through customary gathering and use of resources, particularly within the area of the Pauatahanui catchment. Ngati Toa has also continued to exercise kaitiakitanga (albeit in a limited form) in promoting the sustainable management of the environment, for example, through input over resource consent applications for developments such as the Dry Creek cleanfill
Key Findings of the Waitangi Tribunal
Ngati Toa’s assertion of customary rights throughout the Wellington region (including the application site) is supported by the findings of the Waitangi Tribunal in its report on the Wellington District (Te Whanganui a Tara me Ona Takiwa, 2003). The Tribunal agreed that Ngati Toa had mana through ahi kaa in the Porirua basin, parts of Ohariu, parts of the Hutt Valley and parts of the south west coast. It also agreed with Ngati Toa’s assertion of mana through raupatu, giving Ngati Toa unique status and rights throughout the rohe. Ngati Toa has rights over land (anywhere in Port Nicholson) where no other group had ahi kaa.
1 Boast, Richard “Ngati Toa and the Upper South Island: A Report to the Waitangi Tribunal”: Sept 1999/March2000, Vol. 1 pp.220-229
13 This essentially means, that even though Ngati Toa may not have occupied an area, the Iwi still held paramount rights and control over the entire region.
In respect of Crown actions, the Tribunal made a number of important findings in support of Ngati Toa’s claim. In particular, the Tribunal found that the Crown took deliberate steps to undermine Ngati Toa’s rangatiratanga (for example, by detaining Te Rauparaha and forcing Te Rangihaeata into exile), and that the diminution of Ngati Toa’s power and control was the result of Crown policies aimed at controlling and limiting Ngati Toa’s power. These and other historical grievances are the subject of negotiations with the Crown for the settlement of Ngati Toa’s Treaty claim which is expected to be finalized over the next twelve months.
14 Assessment of Cultural Significance
In assessing the cultural significance of the application site, a range of factors have been considered (as described below) within the context of Te Ao Maori (the Maori worldview) and important cultural values. A brief discussion of Te Ao Maori from Ngati Toa’s perspective is provided as background for the assessment of cultural significance below.
Te Ao Maori (The Maori World View)
Maori customs, values and attitudes (inadequately described as the ‘Maori world view’ or belief system) derive ultimately from an indigenous body of knowledge which seeks to explain the origin of the universe. Two aspects fundamental to the Maori world view are whakapapa (genealogy) and the personification of natural phenomena. Maori developed complex genealogical constructs to explain both the time before and the time after the origin of the Universe, including the creation of life itself. The detail of these whakapapa connections varies from tribe to tribe, so this is merely an attempt to provide a Ngāti Toa perspective.
The Ngāti Toa wānanga (school of learning) begins with a description of Te Kore (the realm of chaos or nothingness: of potential being). In this realm dwelt Io , the supreme being from whose iho (essence) the subsequent voids were conceived. Thus from Te Kore arose Te Po (the night realm), and from thence the twilight dawn, then Te Ao Marama (the full light of day). Io then created a single being or ancestor from whence came Rangi and Papa (who after separation became known as Ranginui, the male principle, or ‘sky father’; and Papatuanuku , the female principle or ‘earth mother’. From these two primal parents arose many offspring , all supernatural beings, each responsible for, or guardians of, particular natural phenomena. These are the original Kaitiaki of the natural world.
Tane was the most important – he was personified as Tane Mahuta (god of the standing forest) and he engaged in numerous acts of procreation with supernatural female deities. In all, a total of eight wives produced nine species of large trees. With punga he produced the insects and other small creatures of the forest. Further cohabitations produced all other birds indigenous to Aotearoa.
Tangaroa was god of the sea and all sea creatures. All fish descended from one of his grandchildren (Ikatere).
Tawhirimatea was the ancestor of the winds and all other meteorological aspects while Tumatauenga had authority over warfare, and human affairs. Rongomatane, god of agriculture, was responsible for all cultivated foods, especially the kumara, also the taro, the hue or gourd, and the ufi or yam. To this
15 function was added that of god of peace. Haumietiketike was god of the uncultivated foods, for example, the bracken fern root which was an important food source in Aotearoa.
Because of the close embrace of the Sky Father and the Earth mother, their children dwelt in darkness. In order to obtain the light, the brothers schemed to separate their parents. This was eventually accomplished by Tane standing on his hands (his ‘roots’ embedded in the earth mother) and pushing with his feet (his branches) against Rangihirea, who had arched his back against his father’s chest and stomach. The other brothers, with the exception of Tawhirimatea, assisted by way of karakia (ritual chants and incantations). Thus were earth and sky separated. War broke out among the children and Tawhirimatea, who had opposed the separation, joined his father in the heavens. From that moment on he sent forth strong winds and storms which uprooted the forests of Tane. Tangaroa fled to the sea, while Rongomatane and Haumietiketike sought refuge in the bosom of their mother. Only Tumatauenga stood firm against the winds and storms of his brother. When these subsided, Tane was able to complete the heavens by locating the sun and moon in the sky and placing the stars on the breast of Ranginui. Yet the grief of the two parents at their separation still remained, and forever after the tears of Ranginui rain down from the skies, while the rising mists express the ongoing love of Papatuanuku for her husband.
One major creation event, the origin of humankind, was yet to be accomplished. Because the offspring of Ranginui and Papatuanuku were all gods possessing ira Atua (supernatural life) it was necessary for them to find or to create a female of earthly origins, from whence ira tangata (mortal life) could be brought forth. Tane led the search for the female element from which to create humankind, but eventually the gods were forced to the conclusion that they themselves would have to create the female essence. So they moulded a human form from the red clay of Kurawaka at Hawaiiki (the ancestral home the Maori people). Tane then breathed into her nostrils the Ha or breath of life, whereupon the eyes opened, the mouth gasped, and a sneeze broke forth: (hence the saying ‘Tihei mauri ora’ – I breath, I am alive!). Thus was Hineahuone, the earth formed maiden, created from the substance of Papatuanuku, from the whenua (earth) and imbued with the mauri (life force) of the gods. Hineahuone and Tane then produced Hinetitama (the Dawn Maid) who Tane took to wife so that humans could come into being.
There are several points important to the Maori world view emerging from this abbreviated account. Firstly, the three cosmological realms (Te kore –the realm of potential being; Te Po – the realm of becoming; Te Ao Marama – the realm of being) are all linked (by the great path of Tane). Along this path, in opposite directions, the departing spirits descending to Hawaiiki, and ‘that which is in the process of becoming’, ascending to the world of being. Thus the universe is holistic and dynamic; there is within it an ongoing process of continuous creation and recreation.
16
Secondly, everything in the universe, inanimate and animate, has its own whakapapa or genealogy, and all are ultimately linked via the gods to Rangi and Papa. There is no distinction or break in this order, nor in the whakapapa that binds the spiritual and physical worlds. The bond this creates between the Maori and the natural environment is both immutable and unseverable.
In this sense, Ngati Toa believe they are descended from Papatuanuku rather then being ascendant to her (as in the Western worldview). This notion is fundamental to the ethic of Kaitiakitanga which denotes the package of tikanga or practices that ensured people did not push the boundaries of their relationship with the natural world too far. Inherent in the ethic of Kaitiakitanga is the understanding that members of the present generation have a responsibility, passed to them by their ancestors, to nurture and care for the natural environment in order that it can be passed on to the next generation. This is achieved by protecting the ‘mauri’ inherent in all aspects of the natural world.
Assessment of Cultural Significance
Within the context of Te Ao Maori, Ngati Toa have considered a range of factors in assessing the cultural significance of the application site. These include the following:
• traditional relationship with the area • significant historical events associated with area • presence of waahi tapu • ongoing exercise of customary rights and responsibilities • overall health of environment, including ecological and spiritual health (i.e. protection of mauri and maintenance of natural balance) • potential for improvement and regeneration of environment.
Traditional relationship
The application site is located in the Pauatahanui catchment which is within the ‘rohe’ or tribal area of Ngati Toa. Traditionally Ngati Toa exercised tino rangatiratanga or full chiefly authority and control over the land and resources within this area. This involved managing the relationships between people and the environment to ensure that resources were used sustainably and the ‘mauri’ or natural balance of the environment was maintained. This was achieved through the exercise of kaitiakitanga (customary guardianship) which is essentially the Maori system of sustainable resource management.
Prior to European settlement in the Porirua basin, the application site would have been covered in dense native forest which was predominant throughout the Pauatahanui catchment area. The ngahere (forest) supported an abundance of
17 food and other resources that Ngati Toa came to rely upon following their migration to the area in the early 1820s. An extensive network of streams dissected the catchment, ultimately feeding into the Pauatahanui Inlet. All of these streams, and particularly the Inlet, had significant cultural value as mahinga kai (food resources). Thus, the cultural significance of the application site needs to be considered in the broader context of Ngati Toa’s traditional relationship with the Pauatahanui catchment.
Historical Events
The application site is within the area of land forcibly acquired from Ngati Toa by the Crown, in 1847. Pauatahanui became the focus of the Crown’s military strategy against Ngati Toa. Traditional Maori tracks in the vicinity of the application site provided access between Heretaunga (the Hutt Valley) and Pauatahanui for the Crown troops and Maori militia who were pursuing Ngati Toa chief Te Rangihaeata. This culminated in a full scale military encounter at Battle Hill. Lives were lost on both sides and eventually Te Rangihaeata and his Ngati Toa followers (including women and children) escaped along the ridge above the Horokiri Valley and took refuge with Ngati Huia (his mother’s people) at Poroutawhao, north of Levin. He remained there in exile for the rest of his life. With Te Rangihaeata out of the way, and Te Rauparaha being held prisoner, Grey was finally able to wrest the land away from Ngati Toa to make way for European settlement in the Porirua district.
Waahi Tapu
Aside from the possibility of traditional Maori tracks in the vicinity of the application site, Ngati Toa is not aware of any waahi tapu or other sites of cultural significance. This was not an area favoured for settlement, so the presence of pa, kainga or urupa is highly unlikely. This area was used primarily for hunting and gathering, as the dense forest and rich network of streams provided an abundance of resources relied upon by Ngati Toa for their survival.
Overall environmental health
Following the alienation of Ngati Toa’s land in Porirua by the Crown, Ngati Toa’s ability to exercise their kaitiakitanga rights and responsibilities in relation to the environment became severely limited and the overall health of the Pauatahanui catchment began to deteriorate. Today only a small remnant of the once predominant native forest remains in tact and the future sustainability of the Inlet is under threat. The streams flowing through the catchment have also suffered from degradation, including the tributary of the Pauatahanui Stream that traverses the application site. In terms of the application site, the effects of vegetation clearance for farming and unrestricted access for stock to waterways, have undermined habitat quality and the ‘mauri’ of these environments. Also
18 barriers within the streams are restricting fish movement which is undermining the availability of quality habitat for fish.
Potential for improvement
Despite the degradation of the terrestrial and stream environments within the application site, there is potential for significant improvement to these environments. The native vegetation on site is regenerating well and would benefit further from targeted pest control. The fencing of streams to restrict stock access would have considerable benefits for water quality and the removal of fish barriers would significantly improve stream habitat.
Exercise of customary rights
Despite the alienation of Ngati Toa’s land, and their loss of control and access to most areas within the Pauatahanui catchment, Ngati Toa has continued to exercise customary rights (although limited) throughout this area. Today this involves the exercise of kaitiakitanga mainly through resource consent applications such as this one for the cleanfill development. Ngati Toa also continues to gather eels, inanga and other resources (such as watercress) from several streams in the catchment, including Pauatahanui Stream. However, the tributary stream flowing through the application site is on private property and therefore is not accessible to Ngati Toa for customary use.
Conclusion
In conclusion, the application site is considered to have lessor value due to the fact that there are no known waahi tapu in the vicinity, the ecological values of the stream and terrestrial environments have already been significantly compromised in the past, and Ngati Toa’s ability to exercise customary rights is limited by the application site being private land. However, higher value is accorded the site on account of its location within the Pauatahanui catchment with which Ngati Toa has maintained strong cultural connections through their ongoing acknowledgment of the historical significance of the area, and the exercise of customary rights through the use of resources and kaitiakitanga. There is also considerable potential for the regeneration of degraded stream and terrestrial environments within the application site.
Therefore, having considered these factors in the context of the Maori worldview (described above), which requires a more holistic approach to environmental management as opposed to a site specific focus, Ngati Toa’s overall assessment of the application site is that it is of medium cultural significance. This means that any adverse cultural effects resulting from the proposal will require mitigation to address the diminution of cultural values and/or practices.
19
Assessment of Cultural Effects
Over the course of centuries our ancestors evolved a system of environmental management, Kaitiakitanga, to ensure the sustainable use of resources and protection of waahi tapu (sacred sites). Kaitiakitanga is based on Maori views of the world and its origins, and the principle that everything is interrelated and interconnected by whakapapa (or genealogy).
Mauri is the life force that exists in all aspects of the natural world (both animate and inanimate). Tikanga or customary practices are followed in order to protect mauri. These are largely based on spiritual notions such as tapu (sacredness) and rahui (temporary restriction), both of which imply some form of prohibition. The primary objective of Kaitiakitanga is to protect mauri, with a view to maintaining the natural balance and ensuring environmental sustainability.
Therefore our overarching objective in assessing cultural effects in relation to this proposal is to protect ‘mauri’. Any adverse impacts on terrestrial or aquatic ecology will also adversely impact on mauri. In this sense, Ngati Toa is particularly concerned about potential adverse effects on the tributary stream and waterways, both as a result of sediment contamination (during the construction and operation of the clean fill) and progressive diversion and culverting as the fill is progressively deposited on site. Potential downstream effects on Pauatahanui Inlet are also a concern, as is the loss of terrestrial habitat due to the clearance of native vegetation in the lower sections of the site. All of these activities have the potential to undermine the mauri of the receiving environment as discussed below.
1 Freshwater Effects
The proposal will cause the permanent loss of aquatic habitat and potential increase in sediment loads in Pauatahanui Stream.
Loss of aquatic habitat
The staged development of the clean fill site will ultimately result in the piping of 780m of the permanently flowing tributary stream, as well as 640m of intermittent stream or seepage in side gullies.
The section of tributary stream affected by the proposal provides good quality aquatic habitat and supports a number of native fish species including the freshwater crayfish or koura, considered a delicacy amongst Ngati Toa. Although the magnitude of loss of stream habitat will be small in comparison to the total area of Pauatahanui catchment, it will nevertheless contribute to the
20 cumulative loss of habitat in the catchment which is a significant and ongoing problem.
There will also be a small number of intermittent streams affected by the proposal which may not provide year round aquatic habitat but which nevertheless contribute to biodiversity. Maintaining biodiversity is important to the overall health of the environment and is therefore integral to Ngati Toa’s role as Kaitiaki.
The loss of aquatic habitat due to diversions and culverting will cause a permanent loss of ‘mauri’ (life force) to the tributary stream and waterways, and the diminishment of Kaitiakitanga. To mitigate against the loss of stream habitat we propose that extensive revegetation of riparian margins, as well as ecosystem restoration and enhancement should be undertaken. The adverse cultural effects arising from the loss of mauri to waterways will require appropriate mitigation to be conducted by Ngati Toa on site at the time of the stream works. This will likely involve the combination of karakia (spiritual incantation) and tikanga (cultural practices).
Impacts on native fish
Construction activities requiring the culverting and diversion of streams will potentially have significant impacts on native fish. The decline of local fish populations is inevitable due to the loss of aquatic habitat unless measures are put in place to protect them. At least two species of native fish, including the longfin eel, which is considered to be in decline nationally, are currently supported by the tributary stream. The koura or freshwater crayfish, considered a delicacy of Ngati Toa, is also resident in this stream.
However, we are aware that the quality of habitat provided by the tributary stream is currently limited by the presence of access barriers for fish. Other restrictions include at least one overhanging culvert in Pauatahanui Stream downstream of the tributary stream. We are also aware that water quality and in stream values are reduced to some extent in the upper catchment by unrestricted stock access to the watercourse.
Ngati Toa consider that these issues should be addressed through mitigation for the loss of aquatic habitat. With improvements to habitat, the tributary stream could support a more diverse native fish population, with benefits for the Pauatahanui Stream. This view is supported by the stream ecology report which notes that Duck Creek, immediately adjacent to Pauatahanui Stream, has a more diverse native fish population and that most of these species would likely be present in Pauatahanui Stream if suitable habitat was available.
It is also our view that any encroachment of construction activity into stream environments, particularly where culverts and diversions are required, will need
21 to provide for fish passage and natural debris flows in streams. Once the clean fill site is operational, regular monitoring of culverts will be required to ensure that fish passage does not become obstructed and that the stream habitat is continually protected.
Stream water quality
Sediment generated from earthworks during the construction phase and ongoing operation of the clean fill has the potential to adversely affect habitat and water quality in the lower reaches of the tributary stream, and thereby Pauatahanui Stream. There is also potential for detrimental impacts on native fish (and other species), as well as the ‘mauri’ of affected stream environments due to sediment contamination. Ngati Toa is particularly concerned that an increased sediment load will accelerate the rate of sediment accumulation in the Pauatahanui Inlet.
The potential increase of sediment in downstream watercourses will need to be mitigated to the highest possible standards. This will require the development of a robust erosion and sediment control plan which prioritises the avoidance of effects in the first instance by carefully selecting discharge locations and the way in which stream works are undertaken. Where sediment discharge cannot be avoided, a range of measures will be needed to minimise adverse effects. We note the applicant is proposing to install erosion and sediment ponds during the first stage of the development in order to minimise sediment discharges to Pauatahanui Stream. These ponds and other measures will need to be closely monitored to ensure they have been installed properly and are working effectively to achieve the required standard of environmental protection.
Overall, it is Ngati Toa’s assessment that the proposed clean fill operation will have significant adverse effects on the local aquatic ecology due to the permanent loss of habitat. This will generate adverse cultural effects due to the loss of mauri and biodiversity in streams affected by habitat loss, and it will impact of resident native fish. Therefore we consider it appropriate that environmental compensation is developed to mitigate the loss of aquatic habitat and associated cultural effects.
2 Removal of Native Vegetation
The proposal will result in the removal of 0.7 ha of native vegetation from the application area of 13.9 ha. We understand that refinements were made to the location of the application site in order to reduce the scale of native vegetation removal required for the development. This has led to a substantial reduction in the scale of effects associated with the removal of native vegetation.
Although only a small area of native vegetation will be impacted by the proposal, it is important to consider this in the overall context of the cumulative loss of
22 indigenous forest to the Pauatahanui catchment since European settlers arrived in the area and cleared the land for farming. In 1840 the catchment was dominated by dense native vegetation and forest, whereas today only remnant pockets remain. However, areas of regenerating native vegetation are increasing within the catchment (such as in this application) and these areas are making an increasingly important contribution towards the restoration of habitat and biodiversity.
In this context, the area affected by the proposal is considered by Ngati Toa to have important ecological value at a local level. The advanced age of the regenerating indigenous vegetation affected by the proposal also enhances its value to the local ecology. Its location adjacent to the Belmont Regional Park and proximity to other areas of regenerating vegetation in the catchment, provides good connection between these areas and the opportunity for habitat enhancement over time. In our view there is considerable potential for improvement which may in time result in important nesting and feeding habitat for a variety of native, threatened and at risk species, including the NZ bush falcon and North Island kaka, which frequent other parts of the catchment.
3 Erosion and Sediment
The earthworks required for the development of the clean fill site, combined with the deposition of 1.75 million cubic metres of material over the life of the operation, have the potential to cause significant detrimental effects to the receiving environment. Ngati Toa is concerned about the potential for sediment contamination of the tributary of Pauatahanui stream, and potential downstream effects on Pauatahanui Inlet.
The Inlet is particularly sensitive to any increase in sediment volumes given the cumulative effects of sediment load over decades which is now threatening its future sustainability. The adverse effects of sediment contamination on water quality and habitat also causes detrimental effects to mauri (life force). The stream environments, and potentially the Inlet, will be at risk of sediment contamination both during the construction and operation of the clean fill, particularly when silt and soils from areas of open ground can be carried into waterways during rain events.
Earthworks will also be required within waterways where culverts and diversions are proposed. These activities have the potential to cause additional adverse effects on Pauatahanui stream, and also downstream effects on the Pauatahanui Inlet. Ngati Toa is concerned to ensure that every precaution is taken to avoid sediment discharge at the outset. Although Ngati Toa can no longer rely on the use of resources from the streams and Inlet due to the extensive degradation of the catchment over the years, they still continue to attach high cultural value to these environments. The streams continue to sustain important habitat for native
23 fish, and Ngati Toa are still able to harvest ‘kaiawa’ (freshwater food) from a number of streams, including inanga (whitebait) and tuna (eels) from Pauatahanui Stream.
Furthermore, Ngati Toa is actively involved in efforts to revitalise the Inlet which is the largest estuary system in the lower North Island. The Pauatahanui catchment stretches 28km from near Pukerua Bay in the north to Johnsonville in the south and the Elsdon/Onepoto ridgeline in the west to the Belmont Regional Park and beyond the ridgeline in the east. It is administered by three local authorities: Greater Wellington Regional Council, Porirua City Council and Wellington City Council, and Te Runanga o Toa Rangatira is working in partnership with these authorities to prepare and implement a “Porirua Harbour and Catchment Strategy”. Ngati Toa are recognised as mana whenua within the area of the catchment; and they are acknowledged as having specific traditional and ongoing interests in the catchment, including the right to exercise their role as kaitiaki through customary fishing and resource management processes. Advocating for the sustainable management of the inlet and its catchment through applications such as this one is an important part of this role. 2
The importance of Ngati Toa’s traditional relationship with the Inlet and surrounding catchment has also been recognised in redress offered by the Crown to settle Ngati Toa’s historical Treaty claims. The redress provides enhanced opportunities, through a variety of mechanisms, for Kaitiakitanga in relation to Pauatahanui Inlet. Therefore it is vitally important to minimise the risk of sediment contamination of waterways, and potentially the Inlet, to the greatest extent possible.
4 Waahi Tapu
The application site is located within the Pauatahanui catchment which was the focus of crucial historical events in the 1840s that led to the Crown’s forceful acquisition of Ngati Toa’s lands in Porirua. The site itself is within the boundaries of the Porirua ‘purchase’ and it is located in the vicinity of the traditional Maori tracks which provided the main access between Porirua and Heretaunga (the Hutt Valley). However, there are no known pa, kainga, cultivations or urupa within the project area. Therefore, the likelihood of uncovering waahi tapu during construction is considered to be fairly low.
However, as the project area was traditionally utilised by Ngati Toa for hunting and resource gathering, there is always the possibility (however remote) that taonga (for example, traditional weapons or tools used for hunting) might still be
2 Refer to the “Trust Deed Establishing The Porirua Harbour and Catchment Community Trust”, 2011; Porirua City Council website
24 present in the area. Taonga have been discovered during earthworks activities in other parts of the catchment, for example, in the Horokiri Valley which was also used traditionally for resource gathering and as an access route between Porirua and the Kapiti Coast.
Therefore as a precautionary measure, we consider it appropriate for an Accidental Discovery Protocol to be put in place to ensure that work ceases immediately, and Ngati Toa is contacted, in the unlikely event of unearthing cultural material during construction. This should be required as a condition of consent and all subcontractors should be fully briefed as to the procedures to be followed if such material is encountered. The role of contractors will be critical to the success of the Accidental Discovery Protocol and ultimately to the protection of any cultural sites/material encountered during construction. Therefore we consider it important for the protocol to be reflected in any arrangements with the contractors.
25
Mitigation of Cultural Effects
As discussed in the previous section of this report, the proposal will potentially cause adverse cultural effects through the loss of aquatic and terrestrial habitat, and associated loss of ‘mauri’ from these affected areas. The potential for adverse effects from sediment discharge to streams, and ultimately to Pauatahanui Inlet, is also of concern to Ngati Toa. In order to mitigate these potential effects a range of measures are recommended below.
1 Streams
1.1 The loss of aquatic habitat and biodiversity due to the proposed culverting of waterways will require environmental compensation involving stream restoration and enhancement, as well as the retirement and replanting of land. To this end, we support the recommendation in the stream ecology report for the protection of additional areas of the advanced regenerating native vegetation.
1.2 The loss of ‘mauri’ as a result of stream diversions and culverting will need to be mitigated through the use of appropriate cultural ritual/protocol to be conducted by Ngati Toa. This will require that Ngati Toa is consulted about the locations of diversions and culverting prior to construction, and that works will not occur until Ngati Toa representatives have inspected the works and have had the opportunity to undertake any cultural ceremony as necessary.
1.3 Any encroachment of construction activity into stream environments, particularly where culverts and diversions are required, will need to provide for fish passage and natural debris flows in streams. It will be important that culvert design allows fish passage and that stream diversions are designed and constructed to be consistent with the morphology of the streams.
1.4 Additional mitigation is needed to repair malfunctioning culverts which are currently restricting access for native fish.
1.5 In order to reduce the incidence of native fish mortality during construction, we propose that fish should be captured and transferred from streams prior to the in stream works.
26 1.6 Fencing off the off set mitigation stream will be necessary to protect water quality and in stream values from the impacts of unrestricted stock access.
1.7 Sediment generated from earthworks during the construction and operation of the site has the potential to adversely affect aquatic habitat and water quality in the lower reaches of the tributary stream and Pauatahanui Stream. These potential effects will need to be mitigated through the Erosion and Sediment Control Plan, which must include stringent monitoring requirements in relation to the sediment ponds and other devices.
2 Native Vegetation
Ngati Toa consider that the proposal will have adverse effects on local terrestrial ecology, through the loss of habitat and ‘mauri’ associated with the removal of 0.7 ha of advanced regenerating native vegetation. These effects will require a range of mitigation and rehabilitation measures, including the following:
2.1 The retirement and replanting of existing farm land, consistent with the recommendations in the terrestrial ecology report. In particular, the proposal to permanently protect and enhance the land adjacent to the cleanfill is strongly supported by Ngati Toa.
2.2 Plant and animal pest control measures will be necessary to enhance the natural regeneration occurring in this area and to generate local ecological benefits, including the enhancement of ‘mauri’.
2.3 A consent condition providing for an environmental management plan (as recommended in the terrestrial ecology report) to guide the protection and enhancement of both the freshwater and terrestrial mitigation sites, is strongly supported by Ngati Toa. This will enable a more integrated approach to the management of stream and terrestrial environments within the project area, which will be crucial to the successful mitigation of adverse effects and improvements to the local environment over the long term.
2.4 Ngati Toa will need to be involved at the time of the removal of the native vegetation to ensure that appropriate cultural protocols are observed in order to mitigate the cultural effects arising from the loss of ‘mauri’. This may require the use of karakia and tikanga as appropriate, but this will be determined by Ngati Toa Kaumatua at the time of the works.
27 3 Sediment
Ngati Toa considers the development of an erosion and sediment control plan (ESCP) to be critical to the effective management of sediment generation during both the construction and operational phases of the cleanfill. Ngati Toa consider it important that the ESCP covers the whole life span of the cleanfill operation and not just the construction phase, as erosion and sediment control will require constant management throughout the life of the operation.
The ESCP will also need to ensure that construction is managed using the best practice methods and mechanisms outlined in the Greater Wellington Regional Council guidelines. Ongoing site monitoring will need to be an integral part of the plan to ensure that erosion and sediment control measures have been installed properly and are functioning to the required environmental standards. Ngati Toa consider that effective monitoring will be just as important as robust measures to the achievement of successful sediment control.
4 Waahi Tapu
Ngati Toa are not aware of any waahi tapu in the vicinity of the application site, aside from the traditional Maori tracks that would have passed through this area as the main access route between Porirua and Heretaunga (Hutt Valley).
However, as the area of the proposal was traditionally utilised by Ngati Toa for hunting and resource gathering, there is always the possibility (however remote) that taonga (for example, traditional weapons or tools used for hunting) might still be present in the area and could be unearthed during construction.
Therefore, in the unlikely event that taonga and/or sites of cultural significance are uncovered during the construction process, Ngati Toa recommends that an Accidental Discovery Protocol is put in place to ensure that the proper procedures are followed, and Ngati Toa is immediately consulted. This should be required as a condition of consent and all subcontractors should be fully briefed as to the possibility of unearthing cultural material and the appropriate procedures if such material is encountered.
5 Monitoring
The robust monitoring of effects throughout the construction and operational phases of the project will be critical to achieving the benefits anticipated from the mitigation, and thereby ensuring that any effects on the environment are no more than minor. In terms of mitigating any cultural effects, Ngati Toa considers that monitoring of the following effects and treatments will be critical:
28 • Pre and post construction monitoring of earthworks should be undertaken and should include an assessment of the downstream changes in environmental factors including water quality, sediment deposition and ecology. • Ongoing monitoring and maintenance of erosion and sediment control devices will be necessary to ensure that they continue to operate according to required standards. • Once the clean fill is operational, regular monitoring of culverts will be required to ensure that fish passage does not become obstructed and that the stream habitat is continually protected. • Pest plant and animal monitoring (including fence maintenance) to ensure that areas of vegetation to be set aside for retirement will actually achieve the mitigation benefits required • Ngati Toa should be consulted on the results of all monitoring undertaken in relation to mitigation intended to address cultural effects (including ecological effects); and where mitigation fails to achieve anticipated benefits, Ngati Toa should be included in consultation on possible solutions.
6 Memorandum of Understanding
As part of the mitigation of cultural effects, it is proposed that a process for ongoing engagement between Ngati Toa and Winstone Aggregates is developed and formalised through a Memorandum of Understanding (MoU). An MOU would provide a vehicle for Ngati Toa to exercise Kaitiakitanga in relation to the application site and ensure that cultural aspects of the environment are properly taken into account.
Ngati Toa envisage that the MOU would outline a series of protocols for the construction of the cleanfill. These would include general procedures following the accidental discovery of possible waahi tapu, koiwi (human remains) or taonga; as well as procedures for the on site participation of Ngati Toa representatives in construction activity involving the diversion and culverting of streams and waterways; and the removal of native vegetation from the site. This would provide Ngati Toa with the opportunity to undertake cultural rituals/ceremonies, as appropriate, at the site of the construction works.
Opportunities for the involvement of Ngati Toa in the monitoring of environmental effects could also be outlined in the MOU. Ngati Toa is concerned to ensure that sediment and erosion control measures are providing adequate protection for streams (and potentially the inlet); and that culverts have been desgined and installed properly to allow unrestricted fish movement in streams.
29 Conclusion ______
The proposed cleanfill at Dry Creek is a large scale project and will occur over a long period of time. It is located within the Pauatahanui catchment which is an area of high cultural significance to Ngati Toa that must be recognised and provided for in the application. This includes recognition of Ngati Toa’s Kaitiakitanga (guardianship) role within the project area.
Given the nature of the proposal, which will involve extensive earthworks during construction and the deposition of 1.75 cubic metres over the life of the operation, there is potential for significant adverse effects on the receiving environment. Of particular concern to Ngati Toa are the potential effects of sediment contamination of streams and waterways, including potential downstream effects on the Pauatahanui Inlet. Other concerns include the loss of terrestrial habitat due to the clearance of native vegetation in the lower reaches of the site, as well as impacts on aquatic habitat as a result of progressive stream diversion and culverting as the fill is deposited over time.
These issues have been considered in this assessment of cultural effects and mitigation has been recommended to address potential adverse effects, including the loss of ‘mauri’ (life force) associated with the destruction of terrestrial and aquatic habitat.
In summary, Ngati Toa assess that the adverse cultural effects resulting from the development and operation of the proposed clean fill will be no more than minor, subject to the successful implementation of mitigation proposed to address cultural effects. Furthermore, there should be long term benefits as a result of the enhancement of aquatic ecology for streams through improved fish access, significantly improved vegetation over the stream channel and construction of a new stream channel around the clean fill. The terrestrial ecology should also benefit over the longer term as a result of the retirement and enhancement of key areas of land within the application site.
30
References
Boast, Richard “Ngati Toa and the Upper South Island: A Report to the Waitangi Tribunal”: Sept 1999/March2000, Vol. 1 pp.220-229
Boffa Miskell Limited, 9 June 2012: Dry Creek replacement Cleanfill, SH 58, Porirua: Assessment of Terrestrial Ecological Effects (Draft)
MWH Limited, June 2012: DCR Clean Fill, Pauatahanui:Assessment of Effects on Stream Ecology (Draft)
Raukura Consultants: Cultural Impact Report: Dry Creek Replacement Cleanfill
Winstone Aggregates: Dry Creek Replacement Cleanfill: Consultation Document
31
Contact Details
Registered Address PO Box 50079 Porirua
Contacts Phone: 04 237 9832 Fax: 04 237 6436 Email: [email protected]
Location 26 Ngatitoa St Takapuwahia Porirua website http://www.ngatitoa.iwi.nz/
Chairman Te Ariki Wineera Phone: 04 237 9832 Fax: 04 237 6436
Executive Director Matiu Te Rei Phone: 04 237 7922 Fax: 04 238 4701 Email: [email protected]
Resource Management/Communications Officer Jennie Smeaton Phone: 04 237 7922 Fax: 04 238 4701 Email: j.smeaton @ngatitoa.iwi.nz
32 APPENDIX I
Brief of Evidence of Richard Peter Boast, 9 June 2003;
“Part Two: The Wairau, the Cook Strait Crisis of 1843 and the Crown’s Coercion of Ngati Toa 1843-1847”.
33 APPENDIX II
Te Rauparaha 1845; by Edward Abbot Courtesy of Alexander Turnbull Library
34 APPENDIX III
Te Rangihaeata; By Richard Oliver Courtesy of Alexander Turnbull Library
35
APPENDIX IV
Taupo Pa, Plimmerton; By George Angus Courtesy of Alexander Turnbull Library
36 APPENDIX V
Te Rangihaeata’s Pa (Matai Taua), Pauatahanui: By Charles Gold Courtesy of Alexander Turnbull Library
37 APPENDIX VI
Boulcott’s Stockade in the Hutt Valley; By Lieut.G.H. Page Courtesy of Alexander Turnbull Library
38 APPENDIX VII
The fight at Battle Hill, Horokiri: By Lieut G.H. Page Courtesy of Alexander Turnbull Library
39