IN THE MATTTER of the Resource Management Act 1991

AND

IN THE MATTER of an application by SkyPlay Adventures Limited and Tauhara North 2 Trust (applicant) and Taupō District Council (Consent Authority) in relation to an application for Land Use Consent RM190270 (Application)

Statement of evidence of Maria Nepia as Natural Resource Manager on behalf of the Tūwharetoa Māori Trust Board

23 September 2020

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INTRODUCTION

1. My name is Maria Nepia. I am an uri of Ngāti Tūwharetoa.

2. I have been the Natural Resources Manager for the Tūwharetoa Māori Trust Board since 2018. I have been extensively involved in Resource Management matters with Ngāti Tūwharetoa for the past 20 years.

3. I hold a degree in Environmental Science from Auckland University.

THE ROLE OF THE TŪWHARETOA MĀORI TRUST BOARD 4. The Tūwharetoa Māori Trust Board (Trust Board) was established pursuant to the Māori Land Amendment Act 1924 and Māori Land Claims Adjustment Act 1926. The Trust Board later became a Māori Trust Board under the Māori Trust Boards Act 1955.

5. By Deeds with the Crown dated 28 August 1992 and 10 September 2007 the Trust Board is the legal owner of Taupō Waters.

6. The term Taupō Waters refer to property including the bed, water column and air space of Lake Taupō and the Waihora, Waihaha, Whanganui, Whareroa, Kuratau, Poutu, Waimarino, Tauranga- Taupō, Tongariro, Waipehi, Waiotaka, Hinemaiaia and Waitahanui Rivers and the River, from the outlet of Lake Taupō to a place known as Te Toka a Tia, downstream and inclusive of the Huka Falls.

7. The Trust Board is also a party to the Deed with the Crown dated 31 May 2010 (the Waikato River Deed). The Waikato River Deed was given legal effect through the Ngāti Tūwharetoa, Raukawa, and Te River Waikato River Act 2010 (the Upper Waikato River Act).

8. The Waikato River Deed provides that the Crown and the Trust Board agreed to enter into the Waikato River Deed in recognition of “the interests of Ngāti Tūwharetoa in the Waikato River and its catchment and in Taupō Waters and to provide for the participation of Ngāti Tūwharetoa in the co-governance and co-management arrangements in respect of the Waikato River”.1

9. The Trust Board’s relationship to Taupō Waters is unique; it holds legal title as trustee and acts as kaitiaki for Taupō Waters. These fiduciary responsibilities over Taupō Waters to present and future generations underpin all the activities and aspirations of the Trust Board.

10. The Trust Board is an Iwi Authority for the purposes of the Resource Management Act 1991.

11. Expressions of our intrinsic connection to Ngā wai o Tūwharetoa have been well documented through our iwi planning documents, Joint Management Agreement with Taupō District and Waikato Regional Councils, and reflected at a national level through regulation such as the National Policy Statement for Freshwater Management – Te Mana o te Wai.

1 Waikato River Deed, 31 May 2010, clause 8

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12. We continue to express our position through the participation in numerous planning and policy processes. They are repeated in this submission as they form our enduring position on water within our rohe.

13. Where appropriate and requested to do so the Trust Board can also play a representative role for hapū and marae, supporting them to be kaitiaki as Mana Whenua within Ngāti Tūwharetoa.

14. In some instances, marae and hapū will choose to speak for themselves, which is demonstrated by those marae and hapū who have separately engaged with this application as submitters in their own right.

15. In other instances, the Trust Board continues to provide that role and function where it has the resources to support Tūwharetoa hapū and marae to have a voice in various issues affecting them. Refer to the letter in support from Ngāti TeKohera as an example and attach it to your evidence (attachment 1).

EXECUTIVE SUMMARY

16. Ngāti Tūwharetoa hold Mana Whenua over the area where the development is to take place, this is demonstrated by whakapapa, physical location of our marae, land ownership, Settlement lands and Settlement obligations. In particular, we view Te Awa o Waikato, inclusive of the banks of the awa as a living entity that has its own Mana, Mauri and Wairua.

17. There has been ad hoc and inadequate consultation with those Ngāti Tūwharetoa marae and hapū who hold Mana Whenua and the Trust Board who are all directly impacted by the proposed development. The inadequate consultation has resulted in the Application, in our view, failing to have regard to the cultural effects of this proposal.

18. In that regard, the Trust Board considers that: i. The Natural Values and Significant Landscapes Values should be viewed with a cultural overlay which in the view of the Trust Board is missing from the Application Assessments and is not identified in the Planners Report.

ii. The Applicant has not adequately considered the visual impacts of this development. We believe that additional assessments are required in order for the decision-maker to have regard to the cultural visual impacts of the proposed development of homebase.

19. The Applicant has commissioned and relied upon a 2017 Cultural Assessment authored by Gayle Leaf (2017 Leaf Report). The Trust Board has a number of concerns with the 2017 Leaf Report being used as the assessment of Ngāti Tūwharetoa cultural values and a Cultural Impact Assessment for this Application, namely: i. As confirmed by the author, the assessment completed as a Cultural Assessment of Te Awa o Waikato and was never intended to be used as a Cultural Impact Assessment for the Development.

ii. There was no involvement or process of approval of those hapū and marae with Mana Whenua in the development of the Cultural Assessment. This is a critical step in assessing any Cultural Impact Assessment. Without this step it is our view the 2017 Leaf Report cannot be used as a Cultural Impact Assessment or indeed a Tūwharetoa Cultural Assessment.

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20. Accordingly, the 2017 Leaf Report should not be considered a Ngāti Tūwharetoa Cultural Impact Assessment.

21. In that regard, the Trust Board considers that a Tūwharetoa Cultural Impact Assessment is required so that the cultural values and impacts of the Application can be clearly identified by mana whenua.

22. In addition, it is appropriate that the process of developing a Cultural Impact Assessment will require direct engagement with each of the Ngāti Tūwharetoa marae and hapū who have mana whenua in the Application area.

23. On that basis the Trust Board asserts that the Application is incomplete, and we support our Marae opposing this Application. Until a Ngāti Tūwharetoa Cultural Impact Assessment is completed, we seek to have this Application be declined.

NGĀTI TŪWHARETOA 24. Ngāti Tūwharetoa are the descendants of Tūwharetoa, Ngātoroirangi, Tia and other tūpuna who have occupied the Taupō region continuously since the arrival of the waka.

25. Ngāti Tūwharetoa are linked by Whakapapa to our lands, waterways and other Taonga. This connection establishes our Mana Whenua, Kaitiakitanga and Rangatiratanga, including our right to establish and maintain a meaningful and sustainable relationship with these resources.

26. Lake Taupō and the Waikato Awa are Taonga Tuku Iho of Ngāti Tūwharetoa and embody the Mana and Rangatiratanga of Ngāti Tūwharetoa.

27. The northern hapū of Ngāti Tūwharetoa are referred to as Te Hikuwai o Tūwharetoa (Te Hikuwai2) who have a long-standing relationship with the Taupō headwaters, Waikato River and surrounding land blocks. These hapū collectively are the kaitiaki of the area in which the development is proposed.

28. Te Hikuwai also hold collective and individual marae and hapū rights of Mana Whenua3 and Ahi kā4 to the lands of where the proposed Zipline homebase building and related structures.

29. Te Awa o Waikato inclusive the surrounding land has provided physical and spiritual sustenance to tangata whenua living along its banks for generations. It is a source of mahinga kai, transport, healing and spiritual nourishment. This is captured in the whakataukī; ‘Waikato Taniwha rau, he piko he taniwha, he piko he taniwha’ 30. Which is a reference to the many bends of the river and furthermore a metaphor to the many chiefs who sit at each bend.

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31. For the Tūwharetoa hapū who sit at the first bend of the Waikato river, the river and all of its tributaries are taonga tuku iho whose waters are personified to the life-giving properties of women. This significance is represented in the Tūwharetoa whakatauakī; ‘kei te tūwhera tonu te pūau i Nukuhau’ 32. Which means, ‘so long as the Waikato River flows from Nukuhau, so will the chieftainesses of Ngāti Tūwharetoa continue to flow from the fountain’.

33. We acknowledge the essence of our ancestors and all those who have passed away and have taken this journey in following Te Awa o Waikato, he awa tupuna, he ara wairua.

34. While it is difficult to describe the nature and context of Ngāti Tūwharetoa mana whenua in a written form and in English, the relationship our place inclusive of the Application area is demonstrated in the following ways: i. the Trust Board exclusively owns the bed of the Waikato River to Te Toka a Tia and is the party for Ngāti Tūwharetoa to the Waikato River Settlement arrangements.

ii. Ngāti Tūwharetoa under Te Kotahitanga o Tūwharetoa Trust (TKT) have received cultural redress lands on the side of the river neighbouring the Department of Conservation (DoC) lands on which the Application for the ‘homebase’ and zipline platforms and towers is made.

iii. Ngāti Tūwharetoa Marae are closely located to the Application site, noting two are within approximately 5km.

iv. Ngāti Tūwharetoa has long enacted kaitiaki and cultural protocols over this part of the Waikato River. One such recent example is the rāhui put in place for the September 2019 Taupō District Council wastewater spill into Lake Taupō and Te Awa o Waikato. This extended from the spill site in the Taupō lake front to Aratiatia.

v. The original place names of this part of Te Awa o Waikato are named by the Ngāti Tūwharetoa ancestor Tia. These names are Whakamaru-a-Tia, Ātiamuri, Aratiatia, Maroa-nui-a-Tia, Te Toka a Tia, Taupō-nui-a-Tia. The Mana of Tia to assess the cultural impacts of the river in this region remain with his descendants who are Mana Whenua, Hau Kāinga, Ahi Kā and Kaitiaki who are of Tūwharetoa Iwi and Te Hikuwai o Tūwharetoa Hapū and Marae.

vi. Identified wāhi tapu and wāhi tupuna sites within the proposed development area.

35. As kaitiaki of this place Te Hikuwai have an intrinsic duty to ensure the mauri, and the physical and cultural health of the awa, inclusive of whenua and water resources are maintained, protected and enhanced.

INCOMPLETE CULTURAL ASSESSMENT 36. The cultural values of Kaitiakitanga, Mauri, Mana, Tapu, Wairua, Noa and Tupuna are all encompassing of the Waikato River; its banks, the riverbed, adjacent land blocks, air space, noise and visual elements.

37. Cultural values cannot be boxed into a single site or single issue but are instead are a series of interwoven and interconnected values that all blend into each other to create a whole.

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38. For any Cultural Impact Assessment those who have Mana Whenua, who live as Ahi Kā and Hau Kāinga, and who therefore have the role and responsibility of Kaitiakitanga, are required to be extensively involved in the development of any report. In the Trust Board’s experience this requires the potential developer to hold hui and wānanga directly with mana whenua to describe their activity and then the next critical step is for mana whenua to articulate any cultural impacts.

39. As far as the Trust Board can ascertain this process did not occur with Nukuhau Pā, Te Rangiita Marae or Maroa-nui-a-Tia Marae.

40. The failure to adequately engage with mana whenua means that any assessment of cultural effects is incomplete, as only Mana Whenua can ascribe what those effects are.

NGĀTI TŪWHARETOA CULTURAL EFFECTS

41. Te Awa o Waikato is a taonga tuku iho to Ngāti Tūwharetoa and is by Te Hikuawai more than just the riverbed and the water that flows across it. The Waikato Awa is inn inclusive of the whenua that falls either side, the riverbanks and the air space and visual that embraces the Riverbed and the Riverbanks.

42. Protection of the ‘mauri’ is of the utmost importance to us as Ahi Kā, Mana Whenua and Kaitiaki who reside within the area impacted by the Application. As already noted, the Tūwharetoa values cannot be restricted to specific sites. But should be viewed in a holistic sense with each blending into each other providing a whole a full cultural overlay.

43. The impact of the proposed zipline homebase and other related structures on the banks of the Awa have a significant impact on te ao wairua and the cultural values of Te Awa o Waikato, and therefore Ngāti Tūwharetoa.

44. In addition, mahinga kai, tapū, mauri and wairua are all values which apply to this whole area, acknowledging the Ngāti Tūwharetoa ancestors who are buried at Te Tāheke Hukahuka, and along the river. Their essence remain all throughout this part of the river and building so close to these sites is deemed as inappropriate.

45. Te Awa o Waikato, he ara wairua mō ngā hunga mate, is of particular importance for Ngāti Tūwharetoa, and the cultural values of Tapu, Noa and Wairua must be respected. The homebase proposed by this development does not take into account these principles.

46. There are a number of wāhi tupuna and wāhi tapu within the development site. Having a homebase and permanent structures this close to these sensitive areas is inappropriate.

47. Ngāti Tūwharetoa maintains that the cultural impact from the proposed is yet to be fully explored.

CONSULTATION PROCESS 48. The Applicant has claimed to have engaged with and received support from Ngāti Tūwharetoa. The Trust Board notes that we have requested copies of said letters of support directly from the Applicant, as well as a copy of the Ngāti Tūwharetoa Consultation Plan and any other documents that might be relevant. The Applicant has declined to provide this information to the Trust Board.

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49. We do note that information has now been provided as part of the evidence provided by the Applicant. However, in our view, we do not consider the evidence provided to date as showing any formal support for the Application by Ngāti Tūwharetoa.

50. On behalf of the Te Ariki, the Trust Board strongly opposes any reference by the Applicant to the Ariki’s support for the development.

TAUPŌ DISTRICT COUNCIL - SECTION 42A REPORT 51. The Taupō District Council (TDC) S42A Planners Report made a number of inaccurate statements within their report. This part of our submission seeks to clarify and correct some of these statements.

52. The Section 42A Report notes that the Applicant, through the evidence submitted, has appeared to have engaged with Ngāti Tūwharetoa groups. However, there has been limited engagement with the Trust Board. As a result, it does not appear that the Applicant or S42A Planner has understood the multiple layers and groups within Ngati Tūwharetoa or the unique position of the Trust Board in relation to the Waikato Awa and resource management matters. The report author goes on to state; i. I understand the Te Kotahitanga o Tūwharetoa is the mandated post-settlement representative of Ngāti Tūwharetoa5.

ii. None of the Iwi or Hapū who opposed the application attended (the pre-hearing) and there were late apologies linked to the need to prepare for the DoC hearing which was scheduled for the day after the pre-hearing meeting6.

iii. The fact that the applicant supported the additional time and cost of holding a pre- hearing meeting indicates that the applicant has been willing and is willing to engage and listen to the views of all Iwi and Hapū7.

53. It has been recorded that the Trust Board and our Marae decided not to attend the Pre-Hearing meeting. This is incorrect. The Trust Board and our Marae had a very strong desire to attend the Pre-Hearing meeting. However, the date unanimously set down by Council clashed with an already existing hui that could not be shifted and had to take priority for Ngāti Tūwharetoa. We noted this to the Council and requested an alternative date as soon as we became aware. This request was declined. We understand that the Applicant also declined to move the date.

54. In addition to the request for a date change the Trust Board sought assurances from Council that an agenda be drafted to ensure the conversations would be an efficient and effective use of time. Council again declined to provide the Trust Board with this assurance stating that it is the Applicant’s process.

55. Lastly, the author of the Section 42A Report acknowledges he does not have an understanding of tikanga Māori and does not have the requisite expertise to make any determinations on matters of Mana Whenua. He also acknowledges that it is not for decision-makers under the RMA to determine Mana Whenua status. However, the Report then goes on to make a number of assertions including;

5 S42A Report, [12.18] & [12.34] 6 S42A Report, at [9.2]. 7 S42A Report, at [12.33].

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i. That no one Iwi or Hapū has exclusive Mana Whenua status or a Kaitiaki role over the subject site and more broadly the Waikato River.8

ii. That both Ngāti Tahu – Ngāti Whaoa and Ngāti Tūwharetoa and their Hapū have a shared Mana Whenua status and role of Kaitiaki (along with other iwi) for the Waikato Awa9.

56. In my view, these conclusions are arguably unable to be reached without necessary expertise. This is particularly stark given the lack of consultation with the Trust Board and Te Hikuwai, and therefore lack of information on the impacts on those who hold Mana Whenua, are Ahi Kā and Hāu Kainga and exercise Kaitiakitanga for the Wairākei and Tauhara lands and Waikato Awa.

CONCLUSION 57. The Trust Board believes that the Application is incomplete due to a Cultural Impact Assessment not being completed and therefore our recommendation is that the Application should be declined.

58. This Cultural Impact Assessment must be underpinned by engagement from Te Hikuwai o Tūwharetoa Marae and Hapū.

Maria Nepia

Natural Resource Manager Tūwharetoa Māori Trust Board

8 S42A Report, at [12.26]. 9 S42A Report, at [12.27].

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Attachment 1

IN THE MATTER of the Resource Management Act 1991

AND

IN THE MATTER of an application by SkyPlay Adventures Limited and Tauhara North 2 Trust (Applicant) and Taupō District Council (Consent Authority) in relation to an application for Land Use Consent RM190270 (Application)

Statement of evidence of Ngāti TeKohera in support of Tūwharetoa Māori Trust Board

23 September 2020 KO WAI AU

My name is Timutetai Hoariri Rorason, My Whakapapa to the Pouakani Lands and the Waikato River begins from the border of Te Wharepuhunga lands and TePouakani lands.

Ngāti TeKohera fully supports the Tūwharetoa Māori Trust Board and our neighbouring Tūwharetoa marae and hapū in the matter with the Proposed Zipline Development.

Whakapapa: Although closely related to Ngāti Tūwharetoa and Ngāti Raukawa, Ngāti TeKohera / Ngāti Parekaawa were considered an Independent Tribe:

Tia Tia

Tapuika Apa

Kahu Uira

Tuwhakamaru Uetupuku

Rongomaiai Rongopopoia

Hinetuki Haketekete

Tutetawha Hakuhanui

TeRangita Hatea

Parekaawa TeRakautawhiti=Tuwharetoa

TeKohera Ngaroitemoa=Rakeipoho

Ngamotu

TeRongonui

Te Hoariri aka TePaerata 1

Hitiri TePaerata

TePaerata Hitiri

TeHoariri TePaerata

Ha / Hakuhanui (Ngāti Ha)

Hatea Pakurangi

Ngaroitemoa Hineaupounamu=Rereahu

Moe=Ninikura Maniapoto

Aramahina TeKawa Hauarikitapu Uruhia

Rangititaha=Hingaiatera TeKawa 11 Parekaawa=Ngahianga

Paratakaihae TeKanawa Hinepare=Ngarongo

Ngahianga=Parekaawa Paratekawa = TeMomoirawaru

TeKohera

Moe = Ninikura

Moe = Ninikura Tawhitokorehe

Kotuku TeAwhitukaiariki

Hinewai Korerotaua

Rawhiti TeHinutamata

Whawhina TeKohera Tapuwaekura= Korotuohu

Makatua Pakaketaiari Tane

Paihautea = Huatanga Parerahui = Ngamotu

Ngaiwiwera TeRongonui

Kokopu=TeRongonui. Paerata 1

TePaerata 1

Hitiri TePaerata

Ngāti TeKohera has direct Whakapapa from Upokoiti three wives.

1. Hinewai 2. Parekauri 3. Moekino.

Upokoiti =3. Moekino 1. = Hinewai

Rangianewa TeAtainutai = Kahureremoa

Whitipatato Waitapu 11 = TeRangiita

Tuoroa = TeTauri Parekaawa =Ngahianga

Tapore TeKohera Tekahuki = Hikahaere

Hikamate

TeRangaiwhiuakino = TePaerata

Hitiri TePaerata

Upokoiti = 2. Parekauri

Whitipatato = Merehapi

Kiriwhitipatato = TeUrumaranga

TeRiingi Kiriwhitipatato=TeMotu Heta

Parehinga TeMotu Heta = Te Hoariri Paerata.

Wairangi

Maikorehe Hingaiatera Hinearokura

Rangiaiki Paratakaihae Ngarongo

Tehe Ngahianga Parehingaawatea = Pakaketaiari

TeKaru TeKohera Ngamotu

Parewera Pakaketaiari TeRongonui

Kokopu Hikahaere TePaerata 1

Hitiri TePaerata Tiari

TeRangiwhiuakino= TePaerata 1

Hitiri TePaerata

Ngāti TeKohera supports Tūwharetoa Māori Trust Board in the opposition to the Zip-line Venture; Ngāti TeKohera supports the protection of the land against the Zip-line crossing.

Tena Koutou Tūwharetoa Māori Trust Board,

My Whakapapa to the Pouakani Lands and the Waikato River begins from the border of Te Wharepuhunga lands and TePouakani lands. My claim to the Waikato River is from the Waikato stream and immediately downstream to the Waipapa Dam, the Maraetai Dam, Whakamaru Dam, Atiamuri Dam, Ohakuri Dam, Aratiatia Dam then on to TeToka a Tia.

I claim Mana Whenua on behalf of Ngāti TeKohera, Ngāti Parekaawa, Ngāti Moekino, Ngāti Ha, Ngāti Wairangi, Ngāti Korotuohu, Ngāti Moe and Ngāti Whaita.

1. The Native Land Court awarded the Pouakani 1 to the Crown September 1887 for payment of the whole block. Payment of survey and other costs. The cost 1,650pounds while the valued at 2,000pounds. 2. The 1887 order was dealing with the remaining 4 blocks was later annulled. In 1891 they created Pouakani B6,B8,B10,C3. 3. Wharepuhunga block was created 1888 and July 31st 1899.

The Waikato River, true right bank was dealt with as follows.

Whakamaru Maungaiti 1881. In 1883 it was sub- dived to Whakamaru-Maungaiti and Whakamaru- Maungaiti G1 to G6.

Niho o Te Kiore was a kainga of Ngāti Tekohera with very large cultivations at Ohakuri. Niho o Te Kiore was taken by the Constabulary as their base. Today it’s the flooded site of the Ohakuri Dam.

There were 3 Island Pa in the Waikato River. Te Aniwaniwa Pa and Taiwhanga Pa all built by TeRongonui father of TePaerata. They were places of refuge. There were large potatoe cultivations on the islands.

Te Totorewa, TeTatua Pa, Te Whaenga Pa are near Tuahu and Ohakuri.

Divided Loyalty 1860: Saw many of our whenua taken by the Crown. Today, very little has changed. Supporters of the Crown were called Queenites. Those opposed Kingites.

TePouakani block (122,350acres) begins at Motukaka to the junction of the Waikato and Waipapa River. The Waiteti River flows into the Waipapa River.

TePaerata, Te Iwikau, TeKohika, Te Ahipu and all their tribe built the first bridge across the River.

Two holy stones stood near the bridge, 1. Te Poita o Huatanga 2.TePoroporo a Raukawa.

Our Tupuna lived along the Streams and the Rivers. They are too numerous to mention them all.

At Titiraupenga stood Te Whakapipi Pa, Kaiwha, Komako, Pukerimu, and Owairenga and Te Hapainga stood near the Mihihanga stream.

Following the Waikato River downstream to Mangakino, Te Papa Opihi, Whakatangitangi, Whakakaho, Poroatemarama, Ahirara, Maraemanuka, Koriporipo, Waimahana, TeWhanake, Whakataratara, Te Moturu a Tehe, Ongaroto are Pa and Kainga where our Tupuna lived.

Hitiri built the first bridge across the Whakamaru River 1846. The logs were dragged from the Horaaruhe forest to construct the bridge.

Whakatauki Whakamutunga.

Keep sight of the past lest the way forward becomes lost.

Whereas people disappear, the lands will endure.

Ka haere whakamua

Ka Titiro Whakamuri

Whatu ngarongaro Te Tangata

Toitu he Whenua.