CULTURAL IMPACT ASSESSMENT REPORT

RUAKURA ESTATE

Prepared by: Director - Maree Pene On behalf of: Te Kotuku Whenua Consultancy The Environmental Agency for Ngati Wairere

This is the work for: Tainui Group Holdings

Date: October 2011 Status: Final

This document and its content is the property of and Te Kotuku Whenua Consultancy. Any unauthorised employment or reproduction, in full or part is forbidden

Tauhei Marae – Tauhei Hukanui Marae – Gordonton Maramatutahi is the name of this wharenui. Tuturuapapa is the name of this wharenui. Hukanui Kingi Koroki spent considerable amount of is one of the oldest Marae in the Waikato at nearly leisure time here in the early 1930-40’s, 110 years old. Kingi Tawhio lay in state here before mingling with the Kaumatua. his journey to Turangawaewae in 1894. The 100th The wharenui was built in the 1990’s with anniversary of Kingi Tawhiao was in 1994. Hukanui building materials donated by the late Mr Te Marae celebrated their 100 year Poukai in 1998. Hou Pene and the late Mr Desmond Hopa.

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Executive Summary

Tainui Group Holdings Limited & Limited (TGH & CPL) has contracted Te Kotuku Whenua Consultancy (TKW) to develop a Cultural Impact Assessment Report (CIA) for the purposes of the preparation of a Ruakura Structure Plan and the framework for proposed development activities at Ruakura, Hamilton.

The CIA report contains the respective views and recommendations from consultation with Tangata Whenua and Ngaati Wairere documentation that has been developed by TKW by its director Maree Pene. TKW is the mandated Environmental Agency for Ngati Wairere.

TGH & CPL is planning various developments at Ruakura including an inland port and associated activities, warehousing, commercial developments, and residential opportunities. These activities have been incorporated into various regional and district planning instruments such as the Regional Policy Statement, Hamilton City Council District Plan, Future Proof, Hamilton Urban Growth Strategy and Regional Land Transport Strategy.

More particularly TGH & CPL is currently assisting the Hamilton City Council with its proposed District Plan, specifically with the Ruakura Structure Plan. This CIA report will be included within the Ruakura Structure Plan and recommends the following mitigations:

1. An archaeologist be present during excavations of the site of the proposed development; 2. A reserve is created for the protection of places, objects, and natural features of historic, archaeological, cultural, educational and other interests; 3. In the discovery of koiwi (human bones) contractors must immediately notify Ngati Wairere and Ngati Haua representative(s) and all earthworks must cease until such time as customary protocols for clearance and protection of the area has been undertaken; 4. Mitigation measures are implemented prior to commencement of construction to minimize adverse effects from sedimentation to surrounding water bodies; 5. In the discovery of taonga excavations must cease and Ngati Wairere and Ngati Haua representatives(s) must be notified immediately to enable appropriate protocols can be put in place to ensure the protection of these Taonga; 6. Recommend that as part of the development proposals there may be scope to protect and generate significant areas for restorative and regenerative vegetation; and 7. The protection of inland waterways and associated ecosystems.

It is acknowledge that Ruakura will be developed in a staged process as outlined in the Future Proof land allocation strategy submitted as part of the Proposed Regional Policy Statement. The mitigations recommended are intended to satisfy cultural and environmental matters of the development.

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It is also acknowledge that communication of progress and monitoring of the recommendations by TGH & CPL will be coordinated through the Office of the Maori King, Te Arataura and Waikato- Tainui Te Kauhanganui Incorporated as the tribal mandated authority.

TKW fully endorses the approach and context of the development as promoted by TGH & CPL.

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TABLE OF CONTENTS 1.0 INTRODUCTION ...... 6

1.1 BACKGROUND ...... 6 1.2 WHAT IS A CULTURAL IMPACT ASSESSMENT REPORT ...... 6 1.3 OBJECTIVES ...... 7 1.4 INTELLECTUAL PROPERTY ...... 7 1.5 METHODOLOGY ...... 7 2.0 WAIKATO-TAINUI ...... 8

2.1 WAIKATO-TAINUI IWI ...... 8 2.2 TRIBAL GOVERNING STRUCTURE...... 9 3.0 PLANNING FRAMEWORK ...... 9

3.1 RESOURCE MANAGEMENT ACT 1991 ...... 9 3.2 WAIKATO-TAINUI RAUPATU CLAIMS ...... 10 3.3 WAIKATO RAUPATU LANDS SETTLEMENT ACT ...... 10 3.4 WAIKATO-TAINUI ACT 2010 ...... 11 3.5 WHAKATUPURANGA WAIKATO-TAINUI 2050 ...... 12 3.6 HISTORIC PLACES ACT 1993 ...... 12 3.7 PROTECTED OBJECTS ACT 1975...... 13 3.8 FUTURE PROOF ...... 13 4.0 WAIKATO-TAINUI VALUES ASSOCIATED WITH RUAKURA ...... 14

4.1 MANA WHAKAHAERE ...... 14 4.2 WAIKATO IWI CUSTOMARY USE AND VALUES ...... 14 4.3 KAITIAKITANGA ...... 15 4.4 LAND ...... 15 4.5 WATER ...... 16 4.6 AIR ...... 16 5.0 SCHEDULE OF SIGNIFICANT CULTURAL FEATURES IN RUAKURA ...... 17

5.1 ECOLOGICAL ASSESSMENT ...... 17 6.0 KEY ISSUES ...... 17

6.1 IWI, HAPU, WHANAU PERCEPTIONS OF THE PROPOSED PLAN CHANGE ...... 17 6.2 RECOGNITION OF TANGATA WHENUA PHILOSOPHIES ...... 17 6.3 CULTURAL LANDSCAPES ...... 17 6.4 MAHINGA KAI ...... 18 7.0 REVIEW OF PROPOSED PLAN CHANGE ...... 18

7.1 GENERAL ...... 18 7.2 OBJECTIVES ...... 18 7.3 POLICIES – SPECIFIC TO TANGATA WHENUA INTERESTS ...... 19 7.4 CULTURAL CONTEXT ...... 19 7.5 PROPOSED SUGGESTIONS ...... 19 7.4 OBJECTIVES AND POLICIES ...... 19 8.0 RECOMMENDATIONS ...... 20

8.1 WAHI TAPU ...... 20

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8.2 RESERVES CLASSIFICATION ...... 20 8.3 KOIWI ...... 20 8.4 CONSTRUCTION ...... 20 8.5 TAONGA DISCOVERY AND PROTECTION...... 21 8.6 TANE MAHUTA / TUTEWEHIWEHI / ECOLOGICAL VALUES ...... 21 8.7 PROTECTION OF INLAND WATERWAYS ...... 21 9.0 REFERENCES / APPENDICES ...... 22

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1.0 INTRODUCTION

1.1 Background

The purpose of this Cultural Impact Assessment (CIA) Report is to inform deliberations regarding the Proposed Ruakura Structure Plan initiated by Tainui Group Holdings and Chedworth Properties (TGH & CPL) in association with Hamilton City Council. The Ruakura area western boundary is situated approximately 5 km from the CBD of Hamilton City.

This report was prepared by Te Kotuku Whenua Consultancy (TKW) director Maree Pene. TKW is the Environmental Agency for Ngati Wairere who share mana whenua to Ruakura and make up one of the 33 hapuu of Waikato-Tainui Te Kauhanganui Incorporated.

TKW was established in 1993, by the late, Mr Te Hou Kotuku Pene, the late Mr Desmond Manuwhiri Hopa, and the late Mr Te Roro Puke, who saw the need for Councils to consult with manawhenua, Ngati Wairere.

TKW was mandated at Hukanui Marae, 01/11/1994 and that status has since been endorsed and the mana upheld on the, 12/09/2010.

Mare Pene holds a Diploma in Iwi Environmental Management achieved at Te Waananga o Aotearoa in 2001 and a Certificate for “Making Good Decisions” from the Auckland University, as a Commissioner. Maree is also an existing member of, Nga Karu Atua o Te Waka, the Tangata Whenua Reference Group, for Future Proof.

1.2 What is a Cultural Impact Assessment Report

A CIA is a report documenting Māori cultural values, interests and associations with an area or a resource, and the potential impacts of a proposed activity on these values.

CIA reports are a tool to facilitate meaningful and effective participation of Tangata Whenua in impact assessment. A CIA is regarded as a technical report, much like assessments for noise/visual/social, or other related impacts.

The CIA report will also take the following matters into consideration;

 Acknowledgement of Waikato-Tainui iwi and Kaitiakitanga role of the Kiingitanga;  Whakatupuranga 2050 which provides the strategic direction of the iwi;  Recognition of Ngati Wairere and Ngati Haua as the mana whenua, within the area of Ruakura;  Identification and description of Ngati Wairere and Ngati Haua, cultural values associated with the site, or the resources, that is subject to the application; and

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 Identification of impacts and evaluation of effects of a proposed activity on identified cultural values.

This CIA relates to recognising and providing for the relevant matters in Part II of the RMA into resource management decision making. This assessment applies only to the Ruakura area and is intended to be used only for matters relating to the adoption of the Ruakura Structure Plan and the associated Hamilton City District Plan provisions that will be created.

The assessment provides a description of Tangata Whenua values and history associated with Ruakura, the concerns from Tangata Whenua for future development of Ruakura and recommendations to avoid potential or actual adverse effects on Tangata Whenua values.

1.3 Objectives

 To acknowledge Tangata Whenua and the history associated with Ruakura;  To outline the concerns from Tangata Whenua for future development of Ruakura;  To outline recommendations to avoid adverse effects on Tangata Whenua cultural values associated with Ruakura;  To outline and improve integration of projects into the environment, for the benefit of Tangata Whenua and the general community of Hamilton; and  To insure consultation processes are adhered to in good faith and understanding

1.4 Intellectual Property

The CIA Report remains the intellectual property of TKW. However, TGH & CPL can use the CIA Report for the purposes in the development of Ruakura.

Use of this report in other circumstances (for example, subsequent resource consent applications) will be subject to the following conditions;

 Automatic (copyright protection) in NZ exists from the date of creation;  TKW, and Waikato-Tainui must provide written approval for any proposed uses of this material; and  TKW and Waikato-Tainui must be acknowledged as owner of the copyright in any circumstances where the material is used.

1.5 Methodology

The preparation of this CIA report involved a review of information, a site visit to the proposed development, and a consultative process with iwi, hapu and whanau that have an interest in the affected area.

The process that was followed included:

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 A review of background information on the proposed plan change including planning reports provided by TGH and CPL;  A review of the provisions of the Resource Management Act 1991 and other relevant statutes and regulations;  A review of historical information and other written references relevant to the Ruakura area;  A review of the Vision and Strategy for the Waikato River as outlined by Waikato- Tainui;  Review of Whakatupuranga 2050, the Strategic Vision for Waikato-Tainui;  On site investigation of the proposed development on was undertaken on the 21 and 22 September 2011 with kaumatua and whanau from Ngati Wairere;  Draft CIA report completed and distributed to members of iwi, hapu and whanau that have an interest in the affected area reported to Ngati Wairere whanau at a meeting held on 09 October 2011 at Hukanui Marae;  Changes made to the draft CIA report based on the feedback received; and  Final CIA report sent to TGH & CPL.

When assessing documentation outlining the methodology for the proposed Ruakura Development, we have no hesitation stating priority must be given to Tangata whenua to assess all relevant issues against Part II Section 5, 6, 7, 8 of the Resource Management Act 1991.

2.0 WAIKATO-TAINUI

2.1 Waikato-Tainui Iwi

Waikato-Tainui descends from the Tainui waka. Waikato-Tainui occupies the north west and central area of the Tainui waka rohe (boundary). The extensive tribal estate spans from Auckland in the north to Rohe Potae (King Country) in the south, from the west coast to the mountain ranges of Hapuakohe and Kaimai in the east. Significant land marks within the rohe of Waikato include the Waikato and Waipa Rivers, the sacred mountains of , Karioi, Pirongia and Maungatautari, and the west coast of Whaiangaroa (Raglan), Manukau, Aotea and Kawhia moana. The Waikato River is the tupuna (ancestor) of the Waikato tribe from which they derive their name. The following whakataukii (proverb) expresses this relationship:

Ko Taupiri te maunga Taupiri is the mountain Ko Waikato te awa Waikato is the river Ko Te Wherowhero te tangata Te Wherowhero is the man Waikato Taniwharau Waikato of a hundred chief He Piko He Taniwha, He Piko He Taniwha At every bend there is a chief

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The whakataukii refers to the prominent landmarks within the Waikato tribal territory and the authority of the paramount Chief and first Maori King Pootatau Te Wherowhero. Reference is also made to the number of powerful Chiefs who reside at each bend of the Waikato River, all of whom acknowledged the authority of Te Wherowhero.

Waikato-Tainui has a unique and special relationship with the Waikato River. Their identity, their health and their strength are drawn from the Waikato River. The existence of a special relationship between Waikato-Tainui and the River has long been recognised publicly, and in the report of the Waitangi Tribunal (Manukau Report, July 1985 - Wai 8), the Tribunal concluded:

Section 11 of “The Deed of Settlement in Relation to the Waikato River”, states the vision and strategy in its entirety, is deemed to be part of the Waikato Regional Policy Statement. Thus in considering the Notices of Requirement and resource consent applications, subject to Part 2 of the RMA, regarding the Vision and Strategy of the Act.

It is difficult to over-estimate the importance of the Waikato River to the Tainui tribes. It is a symbol of the tribes’ existence.

2.2 Tribal Governing Structure

Waikato-Tainui's governing parliamentary body is Waikato-Tainui Te Kauhanganui Incorporated, comprising 204 tribal members – 3 members from each of the 68 Marae. The 68 Marae are spread over a large area from Te Kuiti and Cambridge in the south to Auckland City in the north. Waikato-Tainui Te Kauhanganui Incorporated (Waikato-Tainui) is the Iwi authority and successor to the Waikato Raupatu Trustee Company Ltd which in turn was the successor to the Tainui Maori Trust Board.

The Waikato-Tainui tribal administration (or Iwi Authority), is situated at Hopuhopu, Ngaaruawaahia.

3.0 PLANNING FRAMEWORK

3.1 Resource Management Act 1991

The purpose of the Resource Management Act (RMA) 1991 is to promote the sustainable management of natural and physical resources, which on the basis of the definition of sustainable management contained in section 5a (2), clearly includes the “cultural wellbeing” of people and communities. In addition, the RMA recognises the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu and other taonga as a matter of national importance (Part II s. 6(e), including the protection of

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site of significance to Maori, including wahi tapu (s. 6(f) historic heritage). Section 7 of the Act identifies kaitiakitanga as a matter that particular regard must be given in relation to managing the use, development and protection of natural and physical resources, and section 8 establishes that all persons exercising functions and powers under the Act shall take into account the principles of the Treaty of Waitangi.

In seeking to achieve this purpose, all persons exercising functions and powers under the Act shall:

 Recognise and provide for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other Taonga - Section 6(e);  Recognise the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna - Section 6(c);  Have particular regard to kaitiakitanga – which is defined as the exercise of guardianship by the Tangata Whenua of an area in accordance with tikanga Māori in relation to natural and physical resources; and includes the ethic of stewardship - Section 7(a); and maintained and enhancement of the quality of the environment Section 7(f);  Take into account the principles of the Treaty of Waitangi - Section 8; and  Take into account the, Hazardous Substances and Organism Act Part 2, the Purpose of the Act 4 , 5 ,6 , 7, 8.

3.2 Waikato-Tainui Raupatu Claims

In March 1987, the late Sir Robert Mahuta, on behalf of himself and on behalf of the members of Waikato-Tainui, the members of the Trust Board and Ngaa Marae Toopu, filed a claim with the Waitangi Tribunal in respect of (in brief and in particular):

 the Waikato River;  Waikato-Tainui lands (being those confiscated from Waikato-Tainui under the purported authority of the New Zealand Settlements Act 1863); and  The West Coast Harbours (being Kaawhia, Whaingaroa, Aotea and Manukau harbours).

3.3 Waikato Raupatu Lands Settlement Act

The Waikato-Tainui Lands Claim (with the exception of Wairoa and Maioro land blocks) was settled by Waikato-Tainui and the Crown in May 1995. This claim arose from the Crown invasion of Waikato in 1863, which led to the confiscation of 1.2 million acres, enacted through the NZ Settlements 1863. The principle of the claim was “Ka riro whenua atu, me hoki whenua mai” “land that was taken shall be returned”. Once the claim was settled only 3% of the lands confiscated were returned to Waikato-Tainui. A provision was included into the settlement which gave a first right of refusal to Waikato-Tainui over Crown owned lands. Redress from the settlement also included;

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 An apology from the Crown  Return of lands – including Ruakura  Cash and interest  Relativity clause  Outstanding claims

This claim was a milestone for Waikato-Tainui however the settlement was not a full and final claim. The Waikato-Tainui Lands Settlement specifically excluded the following claims to be settled in future:

 The Waikato River;  The West Coast Harbours; and  Any claims by Waikato to the Wairoa block or the Maioro block.

3.4 Waikato-Tainui Waikato River Act 2010

Waikato-Tainui reached a settlement with the Crown in 1995 with regards to lands, the claim over the Waikato River was clearly excluded from this Deed of Settlement. Waikato- Tainui signed a Deed of Settlement in relation to the Waikato River on 22 August 2008 (2008 Deed). The overarching purpose of claim is to restoring and protecting the health and wellbeing of the Waikato River for future generations. The 2008 Deed also incorporated as Part 1 of the Schedule to that Deed the Vision and Strategy developed by the GEC, and subsequently approved by both the Crown and Waikato-Tainui. Settlement legislation to implement the 2008 Deed was introduced to Parliament in September 2008. However, it was not progressed further prior to the change to a National-led government following the 2008 election. Rather than pursing and enacting that legislation, the new government decided to review aspects of the co-management arrangements for the Waikato River to assess whether it was possible to do better. Waikato-Tainui and the Crown agreed to the revised co-management arrangements now included in the 2009 Deed. The various Crown acknowledgements made within the 2009 Deed made respect to the Raupatu, and the impact of this on Waikato-Tainui’s special relationship with the Waikato River, by denying their ability to protect the importance of te mana o te Awa and exercise mana whakahaere over the River;

 the overarching purpose of the settlement as being to restore and protect the health and wellbeing of the Waikato River for future generations; and  that the Vision and Strategy, which is attached as Schedule 2 to the Settlement Act, is Te Ture Whaimana o Te Awa o Waikato, and intended by Parliament to be the primary direction setting document for the Waikato River and activities within its catchment affecting the Waikato River.

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 Integrated management plan for local and national Government agencies to work in a collaborative approach to the overarching purpose of the settlement;  Joint management agreements with councils  Accords with all Government agencies that have an interest on the Waikato River.  Transfer and management of lands;  Fisheries regulations; and  Waikato-Tainui Environmental Management Plan.

The Waikato Raupatu River (WRRT) trust has now been set up to progress the Waikato River Settlement provision from Karapiro to Te Puuaha o Waikato (Port Waikato).

3.5 Whakatupuranga Waikato-Tainui 2050

Whakatupuranga Waikato-Tainui 205 is the blueprint for culture, social and economic advancement for the Waikato-Tainui tribe. Whakatupuranga Waikato-Tainui 2050 is a fifty year long development approach to building the capacity of the tribe, hapuu and marae. The approach moving forward is one that embraces change and focuses on development of the tribe. There are three critical elements fundamental to equipping the next generations with the capacity to shape their own future:

1. A pride and commitment to uphold their tribal identity and integrity; 2. A diligence to succeed in education and beyond; and 3. A self determination for socio-economic independence.

Whakatupuranga outlines how the tribe will grow, prosper and sustain into the future. The success of the iwi will benefit and compliment the betterment of the Waikato region as a whole. A healthy tribe will reflect into a healthy Waikato region. All units within Waikato- Tainui including Tainui Group Holdings have a component role to play.

3.6 Historic Places Act 1993

The Historic Places Act 1993 makes it unlawful for any person to destroy damage or modify the whole or any part of an archaeological site without the prior authority of the New Zealand Historic Places Trust (NZHPT). This is the case regardless of whether the land on which the site is located is designated, or the activity is permitted under the District or Regional Plan or a resource or building consent has been granted, the Act also provides for substantial penalties for unauthorised destruction, damage or modification.

If there is a chance you may damage a site, you must apply to the NZHPT for permission to do so. The NZHPT can advise you of the most suitable course of action. If you uncover a previously unknown site during earthworks, you may also need permission to continue. You must stop any work that would affect the site and contact the NZHPT for advice on how to proceed.

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In addition, The Reserves Act 1977 Part lll, Historic Reserves-to protect, places, objects, and natural features of historic, archaeological, cultural, and other special interest.

Any person wishing to carry out an investigation that might disturb an archaeological site in any way must also apply to the NZHPT for permission to do so. For further information on whether an archaeological authority is required contact the NZHPT.

3.7 Protected Objects Act 1975

The purpose of the Act is to provide for the better protection of certain objects by, among other things, regulating the export of taonga tuturu, and by establishing and recording the ownership of ngaa taonga tūturu found after the commencement of the Act, namely 1 April 1976.

Through the Taonga Tuku Iho Accord between the Ministry for Arts, Culture and Heritage and Waikato-Tainui, the tribe has been approved as temporary custodians of newly found taonga, until the ownership of the newly found taonga is determined. Therefore, all contractors should be informed that if any newly found taonga are discovered during construction, the appropriate protocols should be adhered too, and the temporary protection of the taonga be determined by Waikato-Tainui.

This Act was formerly the Antiquities Act.

3.8 Future Proof

This paper considers where the adopted Tāngata Whenua Perspectives are proposed to be incorporated into Future Proof as at 09 February 2009. Note that, for ease of reading, specifically numbered sub-clauses in the original document may have been incorporated into a section’s introductory text. It is anticipated that the introductory text will give a context to and be given effect to through the action steps.

3.9 Incorporating, Nga Karu Atua o Te Waka (NKAOTW)

Tangata Whenua Perspectives into the Future Proof as at 09 February 2009

 The Vision statement or as an accompaniment to the theme of Future Proof; Knowing our future by planning today;  Kia whai hua,kia riro oranga pumau ma te taiao katoa I roto I tona ake mana,I tona ake mauri hei tiakina te tini me te mano;  To achieve; to attain sustainable wellbeing for the entire environment from within diverse realities so as to provide for all people; and

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 The statement below highlights the importance of Tangata Whenua involvement with Future Proof Strategy development and implementation and is an underlying principle of Nga Karu Atua o te Waka.

“E kore e ngaro, he kauhanga waka nui-we will never be lost, we are the hull of the great canoe.”

Refer to Appendices contained in Future Proof documents for further elaboration.

4.0 WAIKATO-TAINUI VALUES ASSOCIATED WITH RUAKURA

Waikato-Tainui association with Ruakura is founded on relationships formed out of occupation, settlement and use of the ancestral landscape over hundreds of years. The beginning of this ancient relationship begins with the creation of the North Island and the deeds of Waikato Tainui ancestor’s which transcends through mythological, spiritual, cultural, and traditional realms. Ruakura is the traditional name for the area of land proposed for development.

Ruakura: rua (pit) kura (red). “Pit in the red” as quoted by A W reed, in Illustrated Maori Place Names. hence the peat lands ,when the water runs off the water turns a dull red a strong indication which is the traditional name for the area of land proposed for development.

4.1 Mana Whakahaere

Waikato-Tainui has Mana Whakahaere (authority) over their lands, resources and the Waikato River.

And entails to exercise the rights and responsibility to ensure the balance, and the mauri [life force] of the land and the resources is maintained to sustain stability for future generations in accordance with Waikato-Tainui, tikanga, culture, and values.

Mana whakahaere is also the responsibility of the Tangata Whenua of the Ruakura are which are Ngaati Wairere and Ngaati Haua. These hapuu still today exercise the rights and responsibilities to ensure their Tikanga, kawa and values are upheld.

Mana Whakahaere has long been exercised under the mantel of the Kiingitanga.

4.2 Waikato Iwi Customary Use and Values

Waikato-Tainui considers that their customary uses of waterways and wetlands should be recognised and provided for as part of consent process and policy development. Public

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access to waahi tapu sites should be restricted, while local Tangata Whenua should have unimpeded access to these sites for traditional purposes.

Waikato-Tainui deems it appropriate to undertake an Iwi baseline assessment of the waterways prior to development. This will enable the tribe to identify existing cultural indicators that can be compared to post construction assessments as a monitoring and mitigation tool.

Waikato-Tainui along with Ngati Wairere have been involved at Ruakura for 13 years exercising their customary values pertaining to application submissions in Genetic Engineering and modification.

4.3 Kaitiakitanga

Waikato-Tainui are the Kaitiaki of their rohe and considers they should be actively supported to exercise duties and obligations as Kaitiaki. Waikato-Tainui considers it important that they are involved in resource management issues, decision-making and the monitoring of natural and physical resources.

This will assist Tangata Whenua to coordinate and participate in monitoring activities alongside their customary/historical and natural waterway ecosystems and their heritage sites therefore giving substance to the provision of kaitiaki.

Inherent within Kaitiakitanga is the responsibility of administration and on-going monitoring of Taonga Tuku Iho, [heritage, waahi tapu, Taonga).

This will allow Ngati Wairere and Ngati Haua through Waikato-Tainui Te Kauhanganui to monitor activities, during construction, to protect their cultural ecosystem at the site of the Ruakura Development, therefore giving substance to the provision of kaitiakitanga.

Due to the significance of the area and the relationship Tangata Whenua have with the Waikato River ecosystems we have an obligation to monitor land use activities that may impact on these Taonga. Monitoring is an inherent practice of Kaitiakitanga.

4.4 Land

Concerns are expressed regarding soil disturbance activities which impact on cultural values, reduce soil productivity and increase sediment discharges to water bodies. The adoption of good land management practices is required to reduce soil erosion.

Sediment controls according to the implementation of Territorial and Local Authorities. We are adamant that the control methods implemented by the preferred applicant will be of

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satisfactory levels and will be applied extensively. We can only expect that the extent of any harm caused by the construction will be restored and the protection of such areas will be given priority.

4.5 Water

The direct discharge of waste, effluent or other pollutants, whether treated or untreated, from land or boards is unacceptable and offensive to Waikato-Tainui. Concerns also relate to excessive permitted water takes from the Waikato and Waipa Rivers, the need to restrict the transfer of water permits to prevent potential abuse, the damming and diverting of water, and a need for greater emphasis to be placed on riparian management of non-point source discharges.

Mitigating and monitoring measures to be activated, pertaining to Councils Management Plans and Provisions to give effect to the storm water controls’.

4.6 Air

Waikato-Tainui require that no discharge of pollutants into the air will affect the wellbeing of their people, the people they host within their rohe, or put fauna and flora which rely on clean air at risk.

Maramatutahi: Tuturuapapa:

Is the name of the wharenui at Tauhei Is the name of the wharenui at Hukanui Marae Marae

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5.0 SCHEDULE OF SIGNIFICANT CULTURAL FEATURES IN RUAKURA

5.1 Ecological Assessment

That ecological landscape plan suitable design that is consistent with Tangata Whenua values is undertaken within the project. TKW also undertook an AEE (Ngati Wairere) between Horotiu and Tamahere. The report outlines procedures that will determine conditions in and around ecological matters. These matters include:

 Landscape Features  Traditional Settlements  Wai Maori (Natural waterways)  Wahi Ingoa (naming of places)

6.0 KEY ISSUES

6.1 Iwi, Hapu, Whanau Perceptions of the Proposed Plan Change

Iwi, hapu, whanau perceptions of the proposed activity are as follow;

 Sustain the potential of natural and physical resources [excluding minerals] in a way, or rate, which enables reasonable and foreseeable needs, documented for Tangata Whenua generations to come;  Safe guarding the life- supporting capacity, of air, water and the eco systems; and  Implement plans and controls, structured, to remedy, and mitigate, any potential contaminants, storm water discharges, also, Bio- security, risks, avoiding any adverse effects, to the environment.

6.2 Recognition of Tangata Whenua Philosophies

It is important that the development of Ruakura follow Waikato-Tainui values, each of which is central to the way Waikato-Tainui views its relationship with the natural environment.

6.3 Cultural Landscapes

The cultural landscape in Hamilton and the Waikato is rich in history and the future development of Ruakura will contribute to Hamilton’s identity and enhancing the elements that would be an added value to Hamilton’s key characteristics and attributes. This CIA proposes the following to enhance the Ruakura cultural landscape:

 The planning of buildings to encompass architecture depicting Waikato-Tainui designs in recognition of Tangata Whenua;  Where possible the assistance of Tangata Whenua for riparian planting, native fauna to enhance the Cultural landscape;

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 Parks and Playing areas to be developed; and  The naming of buildings, streets, etc, depicted from original names, in consultation with Tangata Whenua and kaumatua.

6.4 Mahinga Kai

Restoration of the ecosystems will enable recovery of lost habitats and ecosystems that are of economic and cultural value.

7.0 REVIEW OF PROPOSED PLAN CHANGE

7.1 General

Waikato Tainui has sought to approach its evaluation of Proposed Plan Change within the context of the operative District Plan itself. In this context, Waikato Tainui acknowledges that Section II of the RMA, be recognised in the Plan engaging Tangata Whenua, which already sets out the following objectives and policies:

Key traditional Definitions, modern Alignment with Western and concepts and terms explanations scientific thinking

Whakapapa Creation stores, ancestral Inter-relatedness between Karakia lineage, sequence, Atua, humans and ecosystems, inter- Whanaungatanga genealogical sequence, connection, integration, Manakitanga Papatuanuku, Ranginui, holistic approaches, genetic Taonga assemblage, relationships

7.2 Objectives

 To identify and promote awareness of the need to protect and preserve Tangata Whenua cultural values;  To ensure affirmative consultation process are implemented, between authorities and Tangata Whenua;  The aspects of providing for appropriate and environmentally friendly transportation networks, including cycle ways and walkways;  A better understanding and respect for the environment;  Promotion of sustainable employment initiatives for the future generations of Waikato-Tainui and the community of Hamilton;  Promote eco-friendly and sustainable homes;  Recognise the importance of Whakatupuranga 2050 to promote Waikato-Tainui; and  Recognise Future Proof’s initiative to facilitate Papakāinga.

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7.3 Policies – Specific to Tangata Whenua Interests

 Waikato Raupatu Deed of Settlements.  Whakatupuranga 2050.  The Urban Growth Strategy.  Future Proof Polices.  Nga Karu Atua o Te Waka Tangata Whenua.  “Perspectives from the Future Proof. Document”.  Te Kotuku Whenua Consultancy - Nga Taonga Tuku Iho o Ngati Wairere.  Te Kotuku Whenua Consultancy - Nga Taonga Tuku Iho o Ngati Wairere, Historical Survey Map.  Te Kotuku Whenua Consultancy - Resource Management Act 1991 Consultation Policy.

7.4 Cultural Context

Before outlining the proposed suggestions for the proposed Ruakura Structure Plan, it is important to summarise the nature of the cultural values that it seeks to recognise and protect.

 Cultural Heritage; and  Traditional concept’s and terms within a modern paradigm.

When taken together, these values amount to a need to ensure that the proposed Ruakura Structure Plan Section of the District Plan adequately recognises and provides for the significant cultural values associated with this area.

7.5 Proposed Suggestions

In order to enhance the extent to which the Hamilton City recognises and provides for Waikato-Tainui values, we set out the following recommendations in respect to the proposed Ruakura Structure Plan. The recommendations are formulated in a comparatively general manner so as to facilitate the achievement of collaborative and agreed outcomes.

7.4 Objectives and Policies

TKW would like to make the following recommendations to facilitate proper recognition and protection of cultural values.

In this context, TKW seeks to ensure the objectives and policies section of the proposed Ruakura Structure Plan incorporate the following:.

 Engages in best practice consultation process;  Engages Tangata Whenua to give effect to the identified kaitiakitanga; and

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 Allow participatory management to occur, in good faith engagement, while having regard to statutory requirements, and the mana whakahaere for Waikato- Tainui.

8.0 RECOMMENDATIONS

8.1 Wahi Tapu

We recommend that an archaeologist be present during excavations of the site of the proposed development.

Any historical archaeological features that should be discovered are to be recorded and blessed by a Kaumatua from Ngaati Wairere and/or Ngaati Haua.

8.2 Reserves Classification

Where there is clear evidence of pre-historic and historic features near the proposed Inland Port, we suggest a reserve is created for the protection of places, objects, and natural features of historic, archaeological, cultural, educational and other interests.

8.3 Koiwi

If Koiwi are discovered the applicant or their contractors must immediately notify Ngati Wairere and Ngati Haua representative(s) and all earthworks must cease until such time as customary protocols for clearance and protection of the area has been undertaken. However, this would not exclude earthworks continuing in areas that may not be affected by the exposed Koiwi area.

There is a statutory requirement for Police and the Coroner to be informed of any human remains. The Police and the coroner must be informed of the Ngati Wairere and Ngati Haua representatives(s) to ensure that appropriate liaisons can be carried out for the customary protection and re-interment of the Koiwi.

There is also the potential where Ngati Wairere and Ngati Haua people may request for the interment of the Koiwi in or near the element area. To re-inter a Koiwi in another area has the potential to cause metaphysical adverse effects. Appropriate blessing must be adhered to from Ngati Wairere and Ngati Haua.

8.4 Construction

During the construction period the potential adverse effects of sedimentation to (river) awa, is extremely high and mitigation measures would need to be in place prior to commencement. Particular attention to refueling of earthworks machinery with diesel and hydraulic and oil spills is a likely scenario with its subsequent runoff to the awa being a major

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concern. Road runoff has been of significant concern as it has a high potential to degrade the mauri (life force) and alter the Tangata Whenua water classification. Petrochemicals and toxins have the potential for adverse effects impacting on terrestrial and aquatic indigenous species and human health.

8.5 Taonga Discovery and Protection

As the proposed development covers areas known as waahi tapu, consisting of historical habitation and customary Mahinga kai and customary ecosystems in the event that any tangata whenua heritage taonga are detected the following protocols must be carried out.

Excavations must cease and Ngati Wairere and Ngati Haua representatives(s) must be notified immediately to enable appropriate protocols can be put in place to ensure the protection of these Taonga. Depending on the nature of the situation whenua and legislative procedures must be followed.

It is our preference that any taonga that may be excavated or exposed, remain untouched until appropriate expertise (both culturally and archaeologically) have provided guidance.

8.6 Tane Mahuta / Tutewehiwehi / Ecological Values

Recommend that as part of the development proposals there may be scope to protect and generate significant areas for restorative and regenerative vegetation.

A ecological landscape management plan be undertaken with the consultation with Ngati Wairere and Ngati Haua. The plan must cover the restoration and retrieval of locally soured indigenous vegetation. In addition indigenous vegetation that is significant to Ngati Wairere and Ngati Haua like the raukawa, kahikatea, rimu, tawa, totara, kowhai. Indigenous vegetation that historically was locally soured and is now considered rare or scarce. Recommend indigenous vegetation that provides natural habitats for both terrestrial and aquatic species.

Remnant Peat Lakes are of unique standing within both National and International ecological circles. Provisions for peat features (particular Lakes and soil) must be developed in conjunction with ecologists who have in-depth understanding of the working of peat.

8.7 Protection of Inland Waterways

The protection of inland waterways and associated ecosystems are regarded by Waikato- Tainui, Ngati Wairere and Ngati Haua (Tangata Whenua) as significant spiritual and cultural resource. Inland waters is a taonga gifted through Te Aitanga a Tutewehiwehi an as such our people continue to derive natural and traditional food sources, gathering places for traditional rongoa, weaving, Whakairo and recreation purposes.

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9.0 REFERENCES / APPENDICES

 Future Proof, Incorporating Nga Karu Atua o te Waka . Perspectives into Future Proof

 Ngati Wairere Marae, Representative Documentation (10/10/2011)

Te Kotuku Whenua Consultancy endorses the contents of this report :

Maree Pene Director for TKWC

On behalf of TKWC - Board of Trustees:

 Graham Kerei Pene

 Dale Maree Thorby

 Aroha Martha Nikora

 Wayne Te Hou Pene

 Deborah Ngatauerua Pene Simek

 Douglas James Pene

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