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Environmental Issues Relevant to the Historical Relationship Between Whakatohea Hapu and the Crown

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Environmental Issues Relevant to the Historical Relationship Between Whakatohea Hapu and the Crown ENVIRONMENTAL ISSUES RELEVANT TO THE HISTORICAL RELATIONSHIP BETWEEN WHAKATOHEA HAPU AND THE CROWN David Alexander A report commissioned by Office of Treaty Settlements in association with Whakatohea Pre-Settlement Claims Trust October 2017 Contents 1 Introduction ....................................................................................................................................... 4 2 The Whakatohea perspective on the natural environment ........................................................ 7 3 Raupatu and its environmental consequences ........................................................................... 9 4 The Forests ..................................................................................................................................... 11 4.1 The impact of prioritising farming development ................................................................. 11 4.2 Timber logging ........................................................................................................................ 16 5 Scenic Protection and the Conservation Estate ........................................................................ 18 5.1 Scenery preservation and the Public Works Act ............................................................... 18 5.2 Purchases of Whakatohea land for scenic reserve purposes ......................................... 22 5.3 Scenic reservation or State Forest protection on formerly farmed lands ....................... 26 6 The Rivers ....................................................................................................................................... 31 6.1 Land drainage ......................................................................................................................... 31 6.2 Early channel diversions ....................................................................................................... 34 6.3 River control training works ................................................................................................... 36 6.4 Catchment management ....................................................................................................... 44 6.5 Water pollution ........................................................................................................................ 49 6.6 Gravel extraction ..................................................................................................................... 56 7 Wahi Taonga .................................................................................................................................. 57 7.1 Survey definition of Maori burial places on Crown-owned land ...................................... 57 7.2 Protection for wahi taonga on the conservation estate .................................................... 60 7.3 Protection for wahi taonga under historic places legislation ............................................ 63 8 Indigenous Species ....................................................................................................................... 66 8.1 Pigeons .................................................................................................................................... 66 8.2 Titi ............................................................................................................................................. 71 8.3 Whales ..................................................................................................................................... 81 8.4 Tuna and fish........................................................................................................................... 81 9 Introduced Species ........................................................................................................................ 83 9.1 Opotiki Acclimatisation Society ............................................................................................ 83 9.2 Introduced animals and fish .................................................................................................. 86 9.4 Introduced plants .................................................................................................................... 87 2 10 Ohiwa Harbour ............................................................................................................................. 89 10.1 Seabed, foreshore and water use control ........................................................................ 89 10.2 Ohiwa fisheries ..................................................................................................................... 97 10.3 Ohiwa water quality ............................................................................................................ 108 11 Correct naming of sites and features...................................................................................... 115 Reference Sources .......................................................................................................................... 117 Primary sources ............................................................................................................................ 117 Secondary and published sources ............................................................................................ 119 3 1 Introduction My name is DAVID JAMES ALEXANDER. I have been researching and preparing historical reports for Waitangi Tribunal inquiries since 1988. My initial training as a land use planner, and my background working for the Department of Lands and Survey and the Department of Conservation, has meant that I have specialised in land titles issues, public works takings and environmental issues. This report was commissioned to fill a gap in understanding about the historical interaction between Whakatohea hapu and the Crown with respect to environmental issues in the Whakatohea tribal territory. Time constraints set by the commissioning agency on the production of this report have impacted heavily on the amount of research that could be undertaken. To be able to identify and draw out what the Crown has thought and done historically requires an examination of the Crown‟s own contemporary records. However, research of Crown historical records for this report has had to be confined to a three-day visit to Archives New Zealand in Wellington, and a one-day visit to Archives New Zealand in Auckland. This probably amounts to just „scratching the surface‟ of the primary and most significant sources that are potentially available. For a more detailed report, a wider range of sources, including local authority historical records, Maori Land Court minute books, government publications, and secondary sources such as local histories and newspapers, would need to be examined. A more thorough search of the Crown‟s file records would also be necessary. An inevitable consequence of the time constraints is a large number of loose ends, where a definitive answer or subsequent steps in policy development could not be found in the Crown files that it was possible to examine. Where there are gaps in knowledge, this is indicated in the report. While not claiming to be an in-depth study of environmental issues, an attempt has been made to address the breadth of the subject. This has been achieved by attending a hui convened by Whakatohea Pre-Settlement Claims Trust on 9 September 2017 at Opotiki, and by examining the Tawharau resource management plan produced by Whakatohea in 1993, in order to gain an understanding of environmental issues of concern to the iwi. However, it remains unclear how successful this report is in covering all environmental aspects of concern to Whakatohea hapu. 4 In summary, the nature of the relationship between Whakatohea hapu and the Crown, insofar as it has applied to environmental issues, has varied historically ranging from: Outright opposition at the time of Raupatu, Removal of involvement as a stakeholder by Crown purchasing of Whakatohea- owned land, Absence of engagement at the consultation level (the shallow end of a shared relationship), with one notable exception (titi harvesting) that points to what might have been, No consideration of deeper levels of engagement such as partnerships or co- governance. These descriptions of the relationship relate to the period before 1987 (passing of the Conservation Act), 1991 (passing of the Resource Management Act) and 1996 (passing of the Fisheries Act), when elements of a relationship between hapu and the Crown became obligations on the Crown as a result of legislation. The change since these statutes were passed is touched on only intermittently in this report, because of time limitations. It was possible to examine the pre-1980s period, or the post 1980s period, but not do both in the time available, bearing in mind that a different set of research sources would need to be examined for each period1. The post 1980s period is better known and understood already by those people who are engaged in negotiations, and it was therefore considered that more value could be obtained by concentrating on the pre 1980s period, which is less well-known. There is still a place, however, for an examination of the strengths and weaknesses of relationship-building on environmental matters in the post 1980s period, in order to draw from the best and avoid the worst of those experiences. 1 Pre 1980s environmental history is heavily dependent on central Government records that have become accumulated in Archives New Zealand
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