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TE RŪNANGA O NGĀI TAHU SUMMARY REPORT Te Wai Pounamu Te Mana O Te Wai Case Study

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TE RŪNANGA O NGĀI TAHU SUMMARY REPORT Te Wai Pounamu Te Mana O Te Wai Case Study TE RŪNANGA O NGĀI TAHU SUMMARY REPORT Te Wai Pounamu Te Mana o Te Wai Case Study June 2015 1. EXECUTIVE SUMMARY .................................................................................................................................. 3 2. KEY FINDINGS ................................................................................................................................................. 3 3. RECOMMENDATIONS .................................................................................................................................... 5 4. STUDY PURPOSE ........................................................................................................................................... 8 5. STUDY APPROACH ........................................................................................................................................ 8 6. STUDY ANALYSIS ......................................................................................................................................... 12 6.1 Importance of Water to Mana Whenua ............................................................................................... 12 6.2 Scope of Water Management ................................................................................................................ 13 6.3 Giving Effect to Iwi Rights and Interests ........................................................................................... 15 6.4 Challenges ................................................................................................................................................. 16 6.5 Resourcing and Capacity ....................................................................................................................... 17 APPENDIX ONE: SCAN OF INSTRUMENTS ........................................................................................................ 19 APPENDIX TWO: TE MANA O TE WAI ................................................................................................................. 50 APPENDIX THREE: GAP ANALYSIS ........................................................................................................................ 58 APPENDIX FOUR: RESOURCE NEEDS ................................................................................................................. 68 APPENDIX FIVE: MARLBOROUGH RPS ............................................................................................................ 75 APPENDIX SIX: OTAGO RPS ANALYSIS ........................................................................................................ 148 contact person Donna Flavell I General Manager – Strategy & Influence I Te Rūnanga o Ngāi Tahu donna.flavell@ngāitahu.iwi.nz I Phone (03) 363-8912 I PO Box 13-046 I Christchurch 2 Te Wai Pounamu - Te Mana o Te Wai Case Study Executive Summary 1. EXECUTIVE SUMMARY Managing water within Te Wai Pounamu in a way that addresses iwi rights, interests and values, that meets aspirations for iwi, hapū and whānau for Te Mana o Te Wai, is a significant and on-going challenge. The short duration of this study has resulted in a high level assessment of the nature of that challenge for iwi, for local government and for central government policy setting. Given the magnitude of this task for mana whenua in Te Wai Pounamu, to a large extent it has been necessary to draw upon work already done by iwi or hapū within the selected regions of Marlborough, Otago and Southland in order to answer the questions raised through the study. This report is a compilation of the efforts of Te Ātiawa o Te Waka a Māui Trust representatives in Waikawa, Kāi Tahu ki Otago Limited and Te Ao Marama Inc on behalf of the Papatipu Rūnaka within Otago and Southland. While each of the mana whenua groups have brought a different perspective to the study, common threads have emerged around the high value placed on water and the importance of water management to iwi. The value of water to mana whenua is negatively impacted by fragmentation within the statutory water management framework. The significant resource pressures experienced by iwi, hapū and whānau limit their ability to influence water management to the extent desired or necessary to fully reflect iwi rights, interest, values, and aspirations for Te Mana o Te Wai. 2. KEY FINDINGS A number of observations were made in the milestone reports provided to the Ministry during the four phases of the study, based on what mana whenua had to say about each of these four themes: the nature and extent of water management instruments operating within their rohe their aspirations for Te Mana o Te Wai the ability of existing instruments to provide for those aspirations, and what would be needed to improve things to better meet iwi objectives for Te Mana o Te Wai. Relevant observations and primary findings from the milestone reports are listed below. F1: Regional Policy Statements and Regional Plans typically give some recognition to iwi interests and values in water management, and mana whenua are involved in their development. F2: There is a lack of consistency within regions and between regions around the involvement of mana whenua in development of water management tools of a similar nature. For example, some river catchment reports may reference iwi 3 Te Rūnanga o Ngāi Tahu Executive Summary interests, rights and values and involve mana whenua input, while others may not. While these reports ultimately input to and influence regional policy and planning decisions, the lack of consistency regarding iwi input creates significant challenges for iwi. F3: When water studies are conducted by research institutions or private entities, the resulting reports are not always accessible by mana whenua, although they may influence water management in the region. F4: There are an enormous number of statutory, regulatory and non-legislative tools impacting on water management, or with the potential to impact water management (see Appendix One). Mana whenua representatives discovered some of these instruments for the first time as a result of this case study, and are now considering their potential as tools to contribute to mana whenua aspirations for their wai. F5: The complexities around the various statutes managing water, or with the potential to impact water management, present challenges to mana whenua. Particularly, in the way they interact to impact on mana whenua aspirations for their wai. For example, territorial authority Asset Management Plans created under the Local Government Act influence the development of local infrastructure which can impact water. Similarly, Reserve Management Plans developed under the Reserves Act provide potential opportunities for riparian management to improve water quality. F6: There are existing iwi management plans and iwi statements on water rights, interests and values, and preferences for water management, present in all three study areas. These are available as references for agencies and other stakeholders as a starting point to understand iwi rights, interests and values in relation to water. F7: Common themes are present in the statements of mana whenua in each of the study areas, particularly around whakapapa, kaitiakitanga, ki uta ki tai, and the responsibility of current tangata tiaki to maintain and enhance the quality and quantity of water for future generations. F8: Clear signals are provided in the statements of each iwi grouping regarding expectations for water management in their rohe, including outcomes for waterbodies, the role of iwi, and the need to think holistically (ie ki uta ki tai) to meet mana whenua aspirations for water. F9: Quality relationships with local authorities are sought after and highly valued by iwi and hapū. F10: Iwi and hapū within Te Wai Pounamu are looking for constructive and proactive approaches to water management that reflect their aspirations for Te Mana o Te Wai. 4 Te Rūnanga o Ngāi Tahu Key Findings F11: There are regional differences in the level of satisfaction of mana whenua when it comes to water management processes and outcomes. F12: There are elements of water management for which workload demands cannot be reliably predicted (e.g. resource consent processes). F13: The current resources available to the mana whenua groups (even in a post- Settlement environment) are not sufficient to meet all the demands of full participation in water management. 3. RECOMMENDATIONS Insights provided by mana whenua through the course of this study, and the resulting findings, fit within the wider context of the national discussion between iwi and the government around water and Te Mana o Te Wai. Analysis contained within this report incorporates that national context, while being informed by the Te Wai Pounamu experience. The following recommendations include general recommendations for the Treaty partners involved in water management (ie iwi, local and central government), as well as recommendations specific to mana whenua and recommendations specific to government. General Recommendations R1: Establish and recognise Te Mana o Te Wai as the overarching framework for water management, and by association land management as this directly impacts on water, particularly use and quality. R2: Statutory and regulatory frameworks need to recognise and provide for Te Mana o Te Wai as an overarching korowai for environmental management. Currently this model is inverted – iwi rights, interests, values and aspirations are subsidiary to statutory and regulatory
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