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Auckland BEFORE a BOARD of INQUIRY EAST WEST

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Auckland BEFORE a BOARD of INQUIRY EAST WEST BEFORE A BOARD OF INQUIRY EAST WEST LINK PROJECT UNDER the Resource Management Act 1991 (the RMA) AND IN THE MATTER OF Notices of requirement for designation and resource consent applications by the NEW ZEALAND TRANSPORT AGENCY for the East West Link Project STATEMENT OF REBUTTAL EVIDENCE OF AMELIA JOAN LINZEY ON BEHALF OF THE NEW ZEALAND TRANSPORT AGENCY Cultural Values Assessment (Engagement) Dated: 20 June 2017 Barristers and Solicitors Auckland Solicitor Acting: Pat Mulligan Email: [email protected] Tel 64 9 358 2555 Fax 64 9 358 2055 PO Box 1433 DX CP24024 Auckland 1140 TABLE OF CONTENTS 1. SUMMARY OF EVIDENCE 1 2. INTRODUCTION 2 3. SCOPE OF EVIDENCE 3 4. ENGAGEMENT 3 5. EFFECTS ON CULTURAL SITES 13 6. TREATY OF WAITANGI CLAIM TO THE MANUKAU HARBOUR 13 7. DREDGING 17 8. CONCLUSION 18 ATTACHMENT A: SUMMARY OF MANA WHENUA ENGAGEMENT 2015-2017 20 ATTACHMENT B: HUI MINUTES 2015-2017 28 ATTACHMENT C: REVIEW OF PROJECT AGAINST WAI-8) RECOMMENDATIONS AND THE DIRECTIVES SET / OUTCOMES OF THE MANUKAU HARBOUR ACTION PLAN 1990 156 BF\EWL\APPREBUTTAL\CULTURALENGAGEMENT\ALINZEY 1. SUMMARY OF EVIDENCE 1.1 I have read the statements of evidence provided by the submitters in relation to cultural values and effects (engagement) and make the following conclusions: (a) My evidence focuses on how engagement with Mana Whenua has informed the Project assessment and design process, and how the Project team has sought to progress and make changes on the basis of matters raised in this engagement; (b) It is my opinion that engagement with Mana Whenua was not intended to commit Mana Whenua to the outcomes of the Project per se, but rather to work with them as Project partners to assist in understanding and responding to issues of cultural effects and interest; (c) The Project team has endeavoured to respectfully and fulsomely meet its obligations to Iwi and Mana Whenua as set out in the RMA (insomuch as it can in this consenting / approvals process), and in particular has sought to engage in a manner reflective of the principle of partnership between Iwi and the Transport Agency (as a representative of the Crown). In my opinion, the engagement with all representatives of Mana Groups has been positive and assisted the Project team to: (i) Understand and respond to the potential cultural effects of the Project (as identified by them); (ii) To respond to the identified effects in a manner that both seeks to enhance the mauri of the Māngere Inlet, respect the environment and maintain the relationship that Mana Whenua have to that environment; (iii) To identify opportunities in the ongoing monitoring of this Project to facilitate implementation of positive long term environmental outcomes for the Māngere Inlet (recognising that these opportunities will not be limited to this project alone). (d) The records of Mana Whenua engagement shows that representatives from Ngāti Whātua o Ōrakei attended the Mana Whenua Group meetings, over the course of the Project, and that their contribution (with others) has also assisted the Project team to identify and respond to cultural effects identified; (e) The importance of unsettled claims (particularly pertaining to the Manukau Harbour) have been identified and recognised in the Project (demonstrated through the CVR). In particular, consideration has been given to the BF\EWL\APPREBUTTAL\CULTURALENGAGEMENT\ALINZEY Page 1 recommendations made by the Waitangi Tribunal from the WAI 8 claim (and the subsequent Manukau Harbour Action Plan 1990, prepared following the directive of those recommendations). (f) I consider that Mana Whenua engagement and input has also been responsive to and reflective of the directions of the WAI 8 claim and other outstanding claims in respect of both the Manukau Harbour and the Waitematā (in respect of Otāhuhu Creek). This is evident in the record of Mana Whenua Group hui and in the various values assessments and cultural impact assessments that have been provided for the Project. (g) I acknowledge and recognise the importance of future Treaty settlement processes and processes in relation to customary rights. While the Project reclamation will require future vesting of land, I understand that the Project will not adversely affect those processes or the settlement of claims. I further understand that the Transport Agency is in consultation with, and will make a statement to, Mana Whenua confirming that position. (h) Since filing my EIC, the Project team has met with the Mana Whenua Group in respect of dredging, which has informed us on the concerns of Mana Whenua in respect of this proposed activity (ecological impacts and sediment disturbance arising from the activity). I consider the conditions, which set controls on sediment loads arising from the works, require engagement with the Mana Whenua Group and set out a process for cultural monitoring conditions during construction, will provide a management regime and process whereby the cultural effects of this activity can be appropriately managed. 2. INTRODUCTION 2.1 My name is Amelia Joan Linzey. 2.2 I have the qualifications and experience set out at paragraphs 2.1 to 2.5 of my statement of evidence in chief (EIC) dated 12 April 2017. 2.3 I have been engaged by the New Zealand Transport Agency (the Transport Agency) to facilitate engagement with Mana Whenua and have supported the summation of that process in documenting the Project Team’s understanding of the cultural effects in the Assessment of Effects on the Environment (AEE) of the East West Link Project (the Project), for which the Notices of Requirement (NORs) and resource consent applications have been lodged with the Environmental Protection Authority (EPA). My BF\EWL\APPREBUTTAL\CULTURALENGAGEMENT\ALINZEY Page 2 EIC described this process, the preparation of the Cultural Values Report (reporting the outcomes of this process) and the cultural effects assessment. In this context, my rebuttal evidence responds to the evidence of submitters within my area of expertise. I further refer to the evidence of Mr Eynon Delamere which provides further detail on his role in the Mana Whenua engagement process and the evidence of Mr Scott Wickman, who provides detail on the engagement of the Transport Agency in the context of Mana Whenua governance. 2.4 I repeat the confirmation given in my EIC that I have read the 'Code of Conduct' for expert witnesses contained in the Environment Court Practice Note 2014 and that my evidence has been prepared in compliance with that Code. 2.5 I attended a non-expert facilitated session held on 9 June 2017 about Cultural values and cultural effects. I confirm that I understand and have responded to the outcomes of that meeting, where it is within my area of expertise. 3. SCOPE OF EVIDENCE 3.1 In this statement of rebuttal evidence I will respond to the evidence of: (a) Ngarimu Blair on behalf of Ngāti Whātua Ōrākei Trust; (b) Karen Wilson on behalf of Te Ākitai Waiohua Waka Taua Incorporated; (c) Te Warena Taua on behalf of Te Kawerau Iwi Tribal Authority and Makaurau Marae Māori Trust; and (d) John McCaffery, filed in June 2017 (6 June 2017). 3.2 The fact that this rebuttal statement does not respond to every matter raised in the evidence of submitter witnesses within my area of expertise should not be taken as acceptance of the matters raised. Rather, I rely on my EIC, the Cultural Values Report (CVR), and Chapter 12.6 of the AEE, and this rebuttal statement to set out my opinion on what I consider to be the key cultural values matters for this hearing. 3.3 Given the matters raised in the evidence cited above, and the questions posed in the non-expert facilitated meetings, I have provided a rebuttal response in respect of specific issues and subsequently respond to specific issues raised by submitters. 4. ENGAGEMENT 4.1 I have set out the Mana Whenua represented in consultation on the Project (including earlier phases of the project) in my EIC. The submissions of Mr Te Warena Taua and BF\EWL\APPREBUTTAL\CULTURALENGAGEMENT\ALINZEY Page 3 Mr Ngarimu Blair raise matters in respect of engagement and in particular the purpose of or outcomes from engagement. 4.2 Paragraph 51 of Mr Blair’s evidence on behalf of Ngāti Whātua Ōrākei Trust states that: ‘I am unaware of any formal correspondence from Ngāti Whātua Ōrākei that indicates any level of support for the project arising out of any attendances at these meetings. It is important to note that Ngāti Whātua Ōrākei’s attendance or otherwise or the receiving of project information solicited or otherwise cannot amount to any level of support for the project’. 4.3 Further to my EIC,1 I have attached a summary of engagement with the Project Mana Whenua Group (the Group) and the NZ Transport Agency Southern Iwi Integration Group (Southern IIG), from 2015 – 2017 (see Attachment A).2 I have also attached a full collection of the hui minutes during this time (see Attachment B). 4.4 I do not challenge the view expressed by Mr Blair that the consultation and engagement undertaken did not constitute statutory support for the Project, and that participation was not intended to commit Mana Whenua to the outcomes of the Project per se. However, it is important to understand that this was not the intent of the engagement. Rather, the engagement was (as set out in my EIC)3 intended (and intends) to: (a) Identify issues and potential opportunities of the Project in respect of cultural values; (b) On an iterative basis, present information on project design elements for feedback from Mana Whenua on the potential cultural effects of options being considered and to change design elements in response to issues raised (where practicable); and (c) Identify measures proposed to remedy and mitigate potential cultural effects and to monitor the outcomes of the Project, with respect to cultural effects and where practicable, implement them.
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