BEFORE the WAIKATO DISTRICT INDEPENDENT HEARINGS PANEL in the MATTER and in the MATTER Lakeside Private Plan Change 20 EVIDENCE

BEFORE THE WAIKATO DISTRICT INDEPENDENT HEARINGS PANEL

IN THE MATTER

AND

IN THE MATTER

Lakeside Private Plan Change 20

EVIDENCE OF NORMAN HILL ON BEHALF OF LAKESIDE DEVELOPMENTS 2017 LIMITED

MANA WHENUA ENGAGEMENT 2 FEBRUARY 2018

1. INTRODUCTION

1.1 Ko Tainui te waka, ko Taupiri te Maunga, ko Waikato te awa, Ko Pootatau Te Wherowhero te tangata, he piko he taniwha, he piko he taniwha, Waikato Taniwharau. Ko Norman Hill taku ingoa. I am a Cultural Specialist consultant at the Hamilton office of Boffa Miskell Ltd, a company specializing in iwi resource management.

1.2 I am affiliated to Waikato-Tainui Iwi, and Ngaati Whaawhaakia, Ngaati Naaho and Ngaati Mahanga hapuu. I have a Bachelor of Science (BSc) degree from the University of Waikato and over 18 years’ experience in a wide range of projects including environmental management, strategy and best practice corporate - cultural relationship engagement.

1.3 I have extensive knowledge and experience in working with whaanau, hapuu and iwi throughout Waikato-Tainui, to ensure compliance with regulatory and cultural frameworks both in the context of Plan Changes and resource consent applications.

1.4 I served on the Waikato Tainui Tribal Parliament called Te Whakakitenga for twelve years, and I am the former trustee chairman of Kaitumutumu Marae, former chair of Te Roopu Putaiao, a marae cluster environmental governance forum in Huntly, and former chair of the Tangata Whenua Working Group, working with NZTA on the Huntly Section of the Waikato Expressway. I also assisted in the facilitation and development of the Tai Timu Tai Pari Tai Ao, the Waikato-Tainui Environmental Plan, across Marae and hapuu of Waikato-Tainui.

1.5 I confirm that I have read the Code of Conduct for Expert Witnesses contained in the Environment Court Practice Note 2014 and that I agree to comply with it. I confirm that I have considered all the material facts that I am aware of that might alter or detract from the opinions that I express, and that this evidence is within my area of expertise except where I state that I am relying on the evidence of another person.

2. SCOPE OF EVIDENCE

1.1 I have been engaged by Lakeside Development 2017 Limited (Lakeside Developments) as the cultural specialist and advisor for the Lakeside development.

1.2 This evidence is prepared in relation to the iwi engagement and consultation process that Lakeside Developments has undertaken as part of the proposed private plan change.

1.3 My evidence is given in support of the Lakeside Private Plan Change 20 lodged with the Waikato District Council.

1.4 In my capacity as a cultural specialist and advisor on the Project team, I lead consultation and managed the iwi engagement process with the mana whenua through Nga Muka Development Trust, where hui were held at various marae including Horahora, Maurea, Okarea Marae.

1.5 In addition, I have assisted various experts on the Project Team in the preparation of mapping, consultation processes and various technical reports.

1.6 The purpose of my evidence is to provide an overview of the engagement and consultation undertaken by Lakeside Developments, identify the cultural and environmental effects of the Lakeside development and how adverse effects are proposed to be avoided, remedied or mitigated and comment on how, in my opinion, the relevant statutory documents (including the Resource Management Act 1991 (RMA)) and the Tai Timu Tai Pari Tai Ao (Waikato Tainui Environmental Plan) have been addressed as they relate to cultural issues.

1.7 My evidence will deal specifically with the following:

• Relevant RMA provisions and key statutory documents; • Tangata whenua of the Project area; • Consultation and engagement processes; • Cultural and environmental effects identified through consultation; • Methods to avoid, remedy or mitigate cultural heritage effects; and • Conclusions.

2. RELEVANT RMA PROVISIONS

2.1 I consider that the relevant Part 2 matters are:

3.1.1 Section 5 – the sustainable management purpose of the RMA, including the requirement to provide for cultural wellbeing; 3.1.2 Sections 6(e) and 6(f) which deal with Māori culture and traditions, historic heritage; 3.1.3 Section 7(a) – kaitiakitanga; and 3.1.4 Section 8 – the principles of the Treaty of Waitangi.

2.2 My evidence and conclusions are by reference to these matters.

3. TANGATA WHENUA IN THE PROJECT AREA

3.1 Māori tribal connections with the Te Kauwhata area are founded on relationships formed out of occupation, settlement and use of the ancestral landscape over many years.

3.2 Nga Muka Development Trust (referred hereinafter as “Nga Muka”) is one of many trusts within the greater Waikato Tainui rohe (region). Nga Muka is a collective of five Marae with mandated representatives of one or two from each Marae. Established in 1991 as a result of a need to take a more proactive kaitiaki role of the wider marae interests in the Ngaati Hine, Ngaati Naho rohe, where the focus of the Trust was a holistic one, including the social, spiritual, natural, physical, economic and cultural needs of Nga Marae (cluster of Marae). The Trust fulfils various roles for mana whenua and important among them is maintaining and enhancing their social, spiritual, cultural and economic wellbeing, and maintaining the physical and metaphysical well-being of taaonga such as whenua (land), ngahere (forests), moana (lakes), awa (rivers) and repo (wetlands) including their inhabitants.

3.3 One of the principles of our approach to recognizing and responding to cultural values of the Lakeside development has been to recognize that Nga Muka themselves are best placed to identify the potential impacts of the Project on the physical and cultural environment as they have the traditional and cultural knowledge and relationship with the environment. 3

3.4 The Trust’s relationship bottom lines are early engagement, kanohi ki te kanohi korero – face to face discussions and working in good-faith.

4. CONSULTATION AND ENGAGEMENT PROCESSES

4.1 The process and method of consultation follows that stipulated in section 6: ‘Te Koorero Tahi me Waikato-Tainui, Consultation and Engagement with Waikato- Tainui’ in Tai Timu Tai Pari Tai Ao, includes the obligations of the Resource Management Act 1991, and is as follows:

(a) To engage with Waikato-Tainui in a timely, inclusive and participatory setting, seeking feedback and input into appropriate cultural and environmental mitigation solutions; (b) To ensure that adequate consultation with Waikato-Tainui has occurred, to ensure compliance with statutory/legal requirements;

4.2 In my capacity as a cultural specialist on the Project, I lead the facilitation consultation and managed the iwi engagement process which involved wānanga, hui and meetings with Nga Muka at various marae including Horahora, Maurea, Okarea Marae and Te Kauwhata library.

4.3 Several additional meetings were held with Waikato Tainui Environmental Manager and Nga Muka Chairman, to review record of discussion points/minutes and to provide status updates of project developments.

4.4 A facilitated visit to Rotorua was undertaken with Nga Muka and Kaumatua from Huntly, to understand and learn more about the MBR technology and the Water Restoration Land Contact Bed and the treated wastewater release point option, which have been designed using Māori knowledge (Matauranga Māori).

5. CULTURAL AND ENVIRONMENTAL EFFECTS

5.1 Nga Muka consider that the role and ethic of kaitikaitanga carries a responsibility to maintain the intergrity of the environment and the natural life form it supports

5.2 Consultation with Nga Muka identified the following as of particular concern:

• Direct discharges (particularly of wastewater) to Lake Waikare which could compromise the purity or mauri (spirit/life-force) of the lake. • Activities potentially compromising the integrity of or access to Lake Waikare including to food resources (mahinga kai) and food gathering areas, wetlands, rivers and tributaries. This includes activities that disturb indigenous flora and fauna, such as the clearance of bush. • Disturbance or modification of traditional and ancestral sites, including incursions into the sacred Kopuera Lake.

6. MITIGATION

6.1 I understand and acknowledge that the Lakeside development will have adverse impacts on cultural values arising from the proposed development. Where potential adverse effects on cultural values have been identified, the Lakeside Project Team has worked with Nga Muka to identify measures to address these potential effects and to put in place mitigation measures to remove and / or reduce their impact.

6.2 In summary, these mitigation measures include:

• specific measures identifying and acknowledging the places and values of heritage and cultural significance to Mana Whenua. • providing measures to ensure that the delivery of the Project reflects mātauranga Māori and the kaitiaki role of Mana Whenua for example, interpretative signage, naming of streets. • an overall wastewater solution for the township of Te Kauwhata that will see the removal of the existing wastewater treatment ponds and the elimination of the discharging that is currently occurring into Lake Waikare. • additional archaeological review of the area by local archaeological expert Warren Gumbley. • the creation of a formal public access to Lake Waikare, and associated boardwalk along the edge of the lake for the very first time. • methods for the ongoing identification, assessment, management and/or protection of sites of significance and special value to Maori, including identification of undiscovered heritage during construction 5

through cultural monitoring of construction activities • the creation of an Iwi Reserve to be located on the most eastern point of the development. This reserve will include memorial site and lookout over Lake Waikare. • implementation of Accidental Discovery Protocols for the works and involvement with the Mana Whenua Group in this process • Lakeside Developments are exploring the opportunity to contribute towards Lake Waikare Catchment Management Plan involved in the planting program that the Waikato Raupatu River Trust is implementing along the banks of Lake Waikare

6.3 Measures to monitor the environmental outcomes anticipated from the Project and specifically monitoring of cultural values, to ensure such monitoring is delivered in a manner that reflects cultural understanding of the natural resources of the Lake Waikare, is also a focus.

7. CONCLUSION

7.1 I understand and acknowledge that the Project will have adverse impacts on cultural values arising from the project. Where potential adverse effects on cultural values have been identified, the Lakeside Project Team has worked with Nga Muka to identify, and adopt, mitigation measures to address the potential effects.

7.2 I do consider that the engagement undertaken between Nga Muka and the Lakeside Project Team reflects a commitment between the parties to work collaboratively and in accordance with the principles of partnership to progressively identify and uphold their role as kaitiaki.

7.3 I am satisfied that Lakeside Developments has undertaken robust and transparent consultation with Nga Muka, in a way that has empowered Nga Muka to make an informed decision on the proposed Lakeside Development.