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25 Ngati Kahungunu Iwi Incorported and the Heretaunga

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25 Ngati Kahungunu Iwi Incorported and the Heretaunga BEFORE THE BOARD OF INQUIRY TUKITUKI CATCHMENT PROPOSAL IN THE MATTER OF the Resource Management Act 1991 (the Act) AND IN THE MATTER OF of a Board of Inquiry appointed under section 149J of the Act to consider a plan change request, a notice of requirement and applications for resource consents made by the Hawke’s Bay Regional Council (HBRC) and the Hawke’s Bay Regional Investment Company (HBRIC) in relation to the Tukituki Catchment Proposal. OPENING SUBMISSIONS OF COUNSEL FOR NGĀTI KAHUNGUNU IWI INCORPORATED AND THE HERETAUNGA PARTIES 15 JANUARY 2013 Solicitors PO Box 1654 Telephone: 04 495 9999 Facsimile: 04 495 9990 Counsel: J P Ferguson / K L Allan WELLINGTON INTRODUCTION 1. These submissions are filed on behalf of: (a) Ngāti Kahungunu Iwi Incorporated1 (NKII); and (b) Te Taiwhenua o Heretaunga2 (TToH), Ngāti Hawea ki Matahiwi Marae (Matahiwi Marae)3, Waimarama Marae4, Operation Patiki (Kohupatiki Marae)5, Waipatu Marae (Ngāti Hawea, Ngāti Hori)6, Ruahapia Marae7 and Ngāi Te Upokoiri ki Omahu Marae8 (collectively referred to as the Heretaunga Parties). 2. The structure of these submissions is as follows: (a) NKII and the Heretaunga Parties; (b) Summary of position on overall Application; (c) Approach to the Application; (d) Plan Change 6: Position in reference to Plan Change 6 Statutory requirements and tangata whenua National Planning Instruments and tangata whenua Consultation: purpose and key issues Consultation: HBRC the ‘meat in the sandwich’? Consultation: “through iwi authorities” 1 Submission #51; Submission #359. 2 Submission #67. 3 Submission #379. 4 Submission #196. 5 Submission #252. 6 Submission #395. 7 Submission #342. 8 Submission #357. 2 Consultation: adequate information to make informed decisions? Summary (e) RWSS: Position in reference to RWSS Water quality Planning conditions (f) Comment on Tamatea Position NKII AND THE HERETAUNGA PARTIES Ngāti Kahungunu Iwi Incorporated 3. Ngāti Kahungunu has a population of approximately 62,000 members.9 Ngāti Kahungunu is the sole iwi recognised within the Tukituki Catchment Proposal area.10 4. NKII is the sole registered iwi authority for Ngāti Kahungunu and has 22,494 registered members.11 NKII is mandated to act for the beneficial interests of Ngati Kahungunu members and advocates, supports and represents the collective issues of the six Taiwhenua in the Ngāti Kahungunu Iwi rohe: Wairoa, Whanganui a Orotu, Heretaunga, Tamatea, Tamaki Nui-a-Rua and Wairarapa. 5. Each Taiwhenua has a representative on the NKII Board. 6. The Hawke’s Bay Regional Council (the HBRC) did not seek to engage with any representatives from NKII for the purposes of Plan Change 6. 9 Census New Zealand 2013. 10 Codlin, Evidence in Chief at [10.17]; Maaka, Evidence in Chief at [3]. 11 Māori Fisheries Act 2004, Schedule 4. 3 7. The Hawke’s Bay Regional Investment Company (the HBRIC) did not seek to engage directly with any representative from NKII for the purposes of the Ruataniwha Water Storage Scheme (RWSS). Te Taiwhenua o Heretaunga (TToH) 8. TToH is a registered Charitable Trust having been incorporated under the Charitable Trusts Act 1957 on 19 September 1985 as the ‘Taiwhenua o Heretaunga Trust’ and changing its name to ‘Te Taiwhenua o Heretaunga Trust’ on 8 June 2007. 9. TToH was the first legally formed Taiwhenua in the Ngati Kahungunu rohe (area) and is the largest of the six Taiwhenua representing over 8,000 registered members. TToH has an asset base of approximately $11,813,000 and is comprised of 17 marae in the Heretaunga region. 10. TToH boundaries extend from the Ngaruroro River in the North, to Te Aute in the South, from Waimarama in the East to the Ruahine Ranges in the West. These boundaries are identified in Exhibit 58. 11. Mr Apaatu provides evidence for TToH that states the relationship of TToH to other Taiwhenua and NKII:12 Alongside natural affiliations to Ngāti Kahungunu, TToH is one of six (6) Taiwhenua who share a common charter that ensures that the Taiwhenua are able to participate in the shared governance of NKII. Each Taiwhenua is represented on the NKII Board and sector Rūnanga at the Iwi level, to participate in and contribute to Iwi-wide issues and developments. The role of NKII, in part, is to advocate for pan-iwi issues and support and represent the collective issues of the six Taiwhenua in the Ngāti Kahungunu rohe. Ngāti Hawea ki Matahiwi Marae 12. Matahiwi marae is the marae located in the closest proximity to the Tukituki River and is approximately 500 metres from the Tukituki and within one kilometre from the mouth of the Tukituki River.13 12 Marei Apatu, Brief of Evidence, at [9]. 13 Refer to Tom Mulligan, Brief of Evidence, at [8]. 4 13. The Tukituki River is a substantial source of food for the families of Matahiwi Marae, Ngāti Hori, Ngāti Hawea and the peoples of Ngāti Kahungunu. 14. Pursuant to the Fisheries Act 1996, Matahiwi Marae are entitled to distribute customary fishing permits at the Tukituki estuary and Tukituki River mouth for fish including Patiki (flounder), Kahawai, Mullet, Smelt and Whitebait.14 15. The Hawke’s Bay Regional Council (the HBRC) did not seek to engage with any representatives from Matahiwi Marae for the purposes of Plan Change 6. 16. The Hawke’s Bay Regional Investment Company (the HBRIC) did not seek to engage directly with any representative from Matahiwi Marae for the purposes of the Ruataniwha Water Storage Scheme (RWSS). Waimarama Marae 17. Waimarama Marae is located approximately 25 kilometres south east of the mid-lower section of the Tukituki River (as identified in Exhibit 58). 18. Waimarama Marae is comprised of four hapū: Ngāti Kurukuru, Ngāti Hikatoa, Ngāti Te Whakaiti and Ngāti Ura-ki-te-rangi. 19. Te Aonohora is a direct descendant of the peoples of Waimarama, and Te Aonohora’s pa site was located directly on the Tukituki River. 20. The Tukituki River has sustained the peoples’ of Waimarama for generations as a source of food and a site of cultural significance. 21. The HBRC did not seek to engage with any representatives from Waimarama Marae for the purposes of Plan Change 6. 22. The HBRIC did not seek to engage directly with any representative from Waimarama Marae for the purposes of the RWSS. 14 Ibid, at [16] – [19]. 5 Kohupatiki Marae 23. Kohupatiki Marae is located by the Ngaruroro and the Tukituki Rivers (as identified at Exhibit 58). 24. Kohupatiki literally means the marae that is in an abundance of flounder. Both rivers provided an important source of food, culture and livelihood for the peoples of Kohupatiki. 25. Kohupatiki Marae comes within the scope of Whanganui A Orotu Taiwhenua. Ngati Hori is a primary hapū of Kohupatiki Marae. 26. Kohupatiki Marae is the founding Marae of Operation Patiki. In 1969, the Hawke’s Bay County Council (predecessor to the HBRC) diverted the original trajectory of the Ngaruroro River that created the ‘Clive River’ and diverted the Ngaruroro River to its current location. The diversion had significant effects on the hydrology and aquaculture of the Ngaruroro River. Operation Patiki was established to assess the current quality of fish life, specifically Patiki (Black Flounder) within the Clive River (formerly known as the Ngaruroro River). 27. Operation Patiki was conducted in conjunction with the HBRC and supported by the Ministry of Primary Industries, the Department of Conservation, Hawke’s Bay District Health Board and NKII (amongst others). 28. Operation Patiki was one part of Kohupatiki reviewing freshwater management strategies in conjunction with partner organisations, local and central government. 29. Kohupatiki Marae also supported the development of the Ngati Hori Freshwater Resources Management Plan 2009/2012. Ngati Hori are the only Ngāti Kahungunu hapū that have a freshwater management plan. The cornerstone priorities of the freshwater management plan are:15 (a) achieving sufficient water flow; 15 Ngāti Hori Freshwater Resources Management Plan (2009/2012) , p 1. 6 (b) improving water quality; (c) protection and restoration of traditional riparian vegetation; and (d) protection and restoration of fish and bird habitat. 30. Ngāti Hori are a hapū of Kohupatiki, Waipatu, Ruahapia and Matahiwi marae. These priorities therefore extend to all freshwater bodies within the Ngāti Hori rohe, including the Tukituki River. 31. The HBRC did not seek to engage with any representatives from Kohupatiki Marae for the purposes of Plan Change 6. 32. The HBRIC did not seek to engage directly with any representative from Kohupatiki Marae for the purposes of the RWSS. Waipatu Marae 33. Waipatu Marae is located approximately five kilometres from Tukituki River (as identified at Exhibit [58]). 34. Ms Huata provides evidence on behalf of Waipatu Marae that states:16 Waipatu Marae of the hapū, Ngāti Hawea, Ngāti Hori and Ngati Hinemoa, is an integral part of the waters of the Tukituki Awa. The waters of Heretaunga have served and nourished Ngāti Hawea, Ngāti Hori and Ngati Hinemoa for centuries. There are generation of history relating to baptisms in the rivers, hunting, fishing, swimming and living with our waters. These activities demonstrate how our lands and waters have provided for our spirituality, our sustenance, and our wellbeing. 35. The HBRC did not seek to engage with any representatives from Waipatu Marae for the purposes of Plan Change 6. 36. The HBRIC did not seek to engage directly with any representative from Waipatu Marae for the purposes of the RWSS. 16 Ngāti Huata, Brief of Evidence, at [9] – [10]. 7 Ruahapia Marae 37. Ruahapia Marae is located approximately 8.4 kilometres from the Tukituki River (as identified at Exhibit 58). Ruahapia Marae is within the rohe of the hapū, Ngāti Hawea. Ngāti Hawea is directly linked to the four main rivers within the Heretaunga region: Tukituki, Ngaruroro, Karamū and Tūtaekurī.
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