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 frameworks and there is limited scope for recognising and providing for identified rights, interests and values. R3: Te Mana o Te Wai provides a focal point for recognition of iwi rights, interests and values, while also providing flexibility for iwi and hapū (as well as the wider community) to identify at both a catchment and sub-catchment level the range of values and attributes for a particular place. R4: Capability and capacity is a key issue for all parts of the water management regime. This needs to be a key focus for not only iwi and hapū, but councils and central government agencies as well. This includes both a need to increase skill and education levels across the Board, as well as increasing the resources available to mana whenua to support their participation in water management in particular. The current workstreams being progressed between the Water Iwi Leaders Group (ILG) and central government include a focus on capacity and capability. This case study has highlighted the

5 Te Rūnanga o Ngāi Tahu Recommendations

importance of the issue, both for iwi, and for government agencies (both central and local) if iwi rights, interests and aspirations are to be effectively recognised and provided for, and the shared aspirations for improving water quantity and quality outcomes are to be achieved. R5: Recognise the cost to mana whenua of providing input into statutory and regulatory regimes. R6: Establish a sustainable regime or system for resourcing and facilitating iwi engagement. Sustainable ways must be found to support iwi engagement and to maintain a sustainable level of resourcing in iwi/hapū organisations. This is relevant to planning, but also assessment of permit applications and monitoring and enforcement of permit conditions. R7: Focus on the outcomes, not just the process.

R8: Establish a meaningful Treaty partnership by establishing a common language between mana whenua, government and regulatory agencies and an increased understanding among resource managers of the Māori world view as well as mana whenua rights, interests, values and aspirations.

Recommendations for Iwi and Hapū

R9: Prioritise regular engagement with iwi, hapū, rūnanga, marae (and any other relevant structures) to identify priority environmental and natural resource management issues, and establish positions. A proactive approach needs to be taken to identify iwi aspirations and priorities to ensure that all are well positioned to engage with statutory and regulatory processes and timeframes when required. R10: Iwi Management Plans are useful tools for focusing mana whenua on aspirations and priorities, but not an end point in themselves. They are a tool to support iwi, hapū, and rūnanga identify their rights, interests and values, but do not replace the need for engagement based on partnership between iwi and the Crown (including central and local government, and through them resource users). Iwi Management Plans are not fixed in time and need to be updated to continue to reflect changing aspirations and priorities of iwi. R11: Continue to seek opportunities to develop strong partnerships with the appropriate range of agencies and councils outside of statutory processes. Engaging via consultation led by central government or council agencies, or submitting on plans and consents, is necessary but neither a partnership, nor sustainable in the long term. R12: Build awareness of the timeframes for upcoming regulatory and policy frameworks (eg Regional Policy Statements and Plans, District Plans, Long Term Plans, Annual Plans). Where possible develop understanding of 6 Te Rūnanga o Ngāi Tahu Recommendations

upcoming processes, plan and prepare ahead before statutory timeframes constrain the ability to hui and kōrero. Mana whenua need to be prepared and proactive, rather than reactive to external frameworks, pressures and timeframes. R13: Identify and develop iwi generated measures and indicators for success. Share these with Councils and government agencies. Follow through with monitoring and evaluation of outcomes.

Recommendations for Central and Local Government

R14: Recognise the pressures on iwi to contribute across multiple platforms and kaupapa – seek ways to engage collectively on similar issues. Appreciate time pressures on iwi – involved in multiple platforms, multiple take with extremely limited resources. Identify opportunities for iwi aspirations to be recognised across multiple platforms in a consistent form. For example, Murihiku identified Te Mana o Te Wai as an overarching theme for their environmental management issues. As highlighted above this should form a korowai that all legislative and regulatory frameworks should recognise and provide for in practice. R15: Ensure iwi have the resources needed to establish a proactive and strategic approach to engagement – capacity and capability. This needs to be sustainable. R16: Ensure central and local government staff, particularly the leadership responsible for engagement with mana whenua and for recognising and providing for mana whenua interests, are adequately educated on Māori world views to a level where they can engage in an equal partnership discussion with mana whenua. R17: Find a way to connect up the currently disparate and fragmented management system and seek opportunities to increase/promote ki uta ki tai thinking – removing artificial barriers/silos that compartmentalise the environment. This is highlighted in the recent report of the Parliamentary Commissioner for the Environment (PCE)1 and Iwi Leaders Group submissions with regard to treatment of estuaries, which are about the connection with water as much as the Coastal Marine Area. R18: Ensure national level regulation and policies enable flexibility to provide for local iwi and hapū aspirations. R19: Engage mana whenua in monitoring environmental outcomes. Based on the outcomes of monitoring, commit to working with mana whenua to adjust regulatory regimes to ensure expected outcomes are achieved.

1 Water Quality in New Zealand: land use and nutrient pollution, June 2015 7 Te Rūnanga o Ngāi Tahu Recommendations

4. STUDY PURPOSE

The Te Wai Pounamu - Te Mana o Te Wai Case Study is one of four case studies being undertaken across Aotearoa focused on various aspects of iwi rights and interests in water. This study has been funded by the Ministry for the Environment and conducted by iwi and hapū within Te Wai Pounamu.

The Te Wai Pounamu Case study is intended to provide a Te Wai Pounamu perspective on iwi rights and interests in Wai Māori (water) and to assist mana whenua within the motu to assess the current state of regulatory and planning systems within their respective rohe, as well as inform government policy setting.

The Project Objectives for the Te Wai Pounamu Case Study were established to:

1. Identify the full range of regulatory and planning instruments that regulate activities or impact on Te Mana o Te Wai in the Southland, Otago and Marlborough regions

2. Identify existing articulations of iwi rights, interests and values that contribute across all relevant instruments

3. Identify and prioritise the resource needs of mandated mana whenua representatives involved in regional planning processes

4. Assess how effectively the relevant instruments, both individually and collectively, recognise and provide for the identified iwi values and Te Mana o Te Wai

5. Plan the comprehensive forward work programme of water planning that regional councils are intending to undertake within the regional study areas in the medium term

6. Evaluate the points of leverage open to iwi throughout the water planning processes (eg collaborative planning)

5. STUDY APPROACH

Within each of the study areas, a lead entity took responsibility for co-ordinating the response from a local mana whenua perspective. Management of the study and compilation of reports was facilitated by Te Rūnanga o Ngāi Tahu.

Resource management experts employed by the Te Ātiawa o Te Waka a Māui Trust in Waikawa took the lead for the Marlborough region. An initial hui was called to gather together representatives of all the Te Tau Ihu iwi with interests in the region to enable their participation in the study. Te Ātiawa, Ngāti Koata, Ngāti Kuia and Ngāti

8 Te Rūnanga o Ngāi Tahu Study Purpose

Apa participated in that hui, but once the workload became clear, only Te Ātiawa had capacity to complete the four phases of the study within the timeframe available. All Te Tau Ihu iwi are newly settled with priorities related to establishing themselves as post-Settlement entities, which puts immense strain on iwi resources. Te Ātiawa had resource management capability which enabled them to participate actively, although timeframes and resource constraints were a significant issue throughout the duration of the study. The commitment of the resource management staff to complete each phase is appreciated by the project team. They have brought forward the iwi voice for the Marlborough region in this report through their dedication in the face of significant competing priorities.

Kāi Tahu ki Otago Limited (KTKO) were the lead agency for the Otago region, representing the views of the four Papatipu Rūnaka who hold mana whenua in this region, including Moeraki Rūnaka, Te Rūnanga o Ōtākou, Kāti Huirapa ki Puketeraki and Hokonui Rūnaka. Although there was provision for hui, due to the tight timeframes of the study no hui were held. KTKO routinely work on behalf of Papatipu Rūnaka within resource management processes, relying on a combination of recorded positions and direct engagement with Rūnaka members as a basis for responding in those processes. Responses provided by KTKO during this study relied on the same combination of sources. Resource constraints were encountered by KTKO in the final two phases of the study as a consequence of an unexpected increase in workload for staff, which is an indication of how fragile capacity can be for iwi representatives, even those that are well established entities.

Te Ao Marama Incorporated (TAMI) were the lead agency for the Murihiku region, representing the views of the Papatipu Rūnaka who hold mana whenua in Murihiku, including Hokonui Rūnaka, Awarua Rūnaka, Ōraka-Aparima Rūnaka and Waihopai Rūnaka. An initial hui was held with TAMI Board members, who consist of Rūnaka representatives. As with KTKO, TAMI work on behalf of Papatipu Rūnaka within resource management processes, relying on the same combination of recorded positions and direct engagement as a basis for responding in those processes, with a similar approach taken to this study. TAMI were able to draw on work already underway in the region, including a project aimed at better reflecting iwi rights, interests and values in water through the fusion of Mātauranga Māori and standard science approaches to water management issues. Having access to that existing project work was fortunate, given that case study timing coincided with the annual tītī harvest when a majority of Rūnaka members and TAMI staff are on the Tītī Islands.

The study was conducted in four phases, resulting in four milestone reports to the Ministry. At the start of each phase, the lead agencies were provided with, either questions designed to prompt narrative answers or a template to populate. The project team have advised throughout the study that answers provided in each phase could be modified at any time before completion of the study. This approach was necessary in recognition of the speed at which work was required to be completed to meet milestone reporting dates.

Phase One

The first phase of the study involved a scan of instruments in the region that related to water management or had the potential to impact on water management. A template was provided to the lead agencies, as shown in Appendix One, already populated with instruments found in an online search by the project team at Te Rūnanga o Ngāi Tahu. The lead agencies were then asked to add in any missing insutruments, and based on what they were able to establish in the time available, to indicate whether the instruments impacted iwi rights, interests and values in relation 9 Te Rūnanga o Ngāi Tahu Study Approach

to water, and whether mana whenua had been involved in development of the instrument.

All of the lead agencies found this a challenging task due to the sheer number of instruments identified, and provided indications only where they were confident in the answer. Additional instruments were also added by the mana whenua in their responses, such as TAMI choosing to include the Ngāi Tahu Settlement Act instruments within the table.

There are clear limitations with the table, which is an incomplete picture. Despite those limitations, its content has contributed useful insight to the study, particularly in relation to the volume and spread of instruments present in each region, and also how fragmented the water management regime is from a mana whenua perspective.

Phase Two

The second phase of the study consisted of a series of questions asked of the lead agencies. Request was made for a list of resources containing iwi statements on their rights, interests and values in relation to water within the study areas. They were also asked to provide a two page expression of what Te Mana o Te Wai means for mana whenua in each region. The resulting responses are included in this report as Appendix Two.

Phase Three

The third phase of the study was originally intended to be an analysis of instruments identified in the first phase, in light of what was provided in the second phase. Such an analysis was well beyond the capacity of participants in the study, particularly given the short turn-around time for milestone reporting.

Two tools were provided to the lead agencies for the purposes of undertaking a basic gap analysis, a table and narrative questions.

The table consisted of elements of rights, interests or values identified in the second phase. A traffic light system was to be used to indicate the state of those elements within each region. Examples of particular elements taken out of the iwi statement in the second phase include “Iwi use – mahinga kai values” and “Wai tai – coastal water quality”. The traffic light system involved a choice between five states, as shown in the figure below.

Fig. 1: Gap Analysis - table interpretation guide

None of the lead agencies were comfortable using the table approach. A principal

10 Te Rūnanga o Ngāi Tahu Study Approach

concern was the potential impact on local authority relationships.

The second tool provided was a set of narrative questions, with prompts to indicate various possible approaches to answering the questions in order to achieve the intent of the gap analysis, as shown below.

Question 1

Where have the greatest gains in water management been made to date for your iwi in your rohe?

- Within a particular statutory regime? (eg RMA, LGA, DOC) - With a particular instrument? (eg RPS, MOU) - Through particular relationships? (eg local authority, industry)

Question 2

What are the areas of water management that are disappointing in terms of the aspirations of your iwi for Te Mana o te Wai in your rohe?

- Recognition of rights, interests and values? - Access to water for iwi purposes? - State of wai taonga? - Influence in governance and decision-making?

Question 3

What would be needed to fully reflect the rights, interests and values of your iwi in water in your rohe?

- What could improved recognition look like? – ie active Treaty partnership? - What could improved access look like? – ie facility for allocation? - How are wai taonga doing? – ie what would be different? - What could improved Influence in governance and decision-making look like? – ie council representation? Direct input to strategy and planning? Iwi decision-makers?

Fig. 2: Gap Analysis – narrative questions

Different approaches were taken to providing answers to the narrative questions, which included reference to Regional Policy Statements in development and responses that did not directly reference the three prompt questions. The project team encouraged each lead agency to make statements that were accurate in relation to local mana whenua positions. The responses provided in Appendix Three reflect that approach. It was considered important by the project team that the voice of iwi and hapū should be recorded as they wanted and intended, rather than be restricted or moderated by specific direction.

Phase Four

The fourth phase of the study was focussed on resource requirements of iwi and hapū to engage in upcoming water management processes.

The lead agencies were provided with specific wording from the Ministry for the

11 Te Rūnanga o Ngāi Tahu Study Approach

Environment Deed of Funding for this phase, as follows:

Fig. 3: Phase Four study requirements

Responses provided in relation to the stocktake and resourcing requirements are included in this report as Appendix Four.

. 6. STUDY ANALYSIS

6.1 Importance of Water to Mana Whenua

Water is a critical resource to all iwi and is a central part of our identify as iwi, hapū, and whānau. For each of the mana whenua groups, their description of their relationship to water exemplifies its importance.

Te Ātiawa

Wai (water) is of great significance to Te Ātiawa – it is an essential element of life. As kaitiaki, Te Ātiawa Iwi believes that the maintenance of the mauri, or life- supporting capacity, of water is vital to the physical and spiritual health and well- being of all living things.

Water is a taonga. Water has been, and remains, an integral political, economic, cultural and spiritual taonga for Te Ātiawa. Te Ātiawa believes that the maintenance of the mauri, or life-supporting capacity of water is fundamental to ensuring the physical and spiritual survival of all living things. A water body with an intact mauri is able to sustain healthy ecosystems. Therefore, the well-being of our people depends on the well-being of river, stream and wetland ecosystem.

Kāi Tahu ki Otago

Water descends from our creation beliefs. The first mention of water is Te Mākū (moisture). Life came into being when Te Mākū mated with Mahoranuiātea, another form of water, and of this Rakinui was born. Rakinui had two wives, Poharuatepō and Papatūānuku. From the unions of Rakinui came the flora and

12 Te Rūnanga o Ngāi Tahu Study Analysis

fauna, the mountains and people. Kāi Tahu descends from Raki and his wives.

Kāi Tahu is therefore bound to the waters of Te Wai Pounamu through whakapapa.

The point of difference for Kāi Tahu is the spiritual relationship with the environment. Kāi Tahu are connected through spiritual beliefs with the atua and the environment created by those atua. The mana and hauora of Kāi Tahu is inextricably interwoven with the mana and hauora of waterways.

Waterways embody the mana of Kāi Tahu, regardless of the extent to which they have been manipulated.

Te Ao Marama

Water is central to all Māori life. It is a taonga left by our ancestors to provide and sustain life. It is for the present generation, as tangata tiaki, to ensure that the taonga is available for future generations in as good as, if not better quality - Mō tātou, a mō ka uri a muri ake nei – for us and our children after us.

Ensuring the health and wellbeing of water is a prerequisite for ensuring the continued health and wellbeing of mahinga kai resources and ultimately the people.

While these brief statements are by no means full articulations of the relationship of each iwi with water, the give an insight into the critical importance of water to the wellbeing of iwi.

6.2 Scope of Water Management

The Te Wai Pounamu Case Study has highlighted the extensive range of legislative, regulatory, and planning instruments that impact on mana whenua values in water resources within the respective regions. While some of these instruments will be regionally specific, mana whenua in other regions are also likely to be engaging with similar instruments.

Importantly from a mana whenua perspective, the Case Study has highlighted that many of the instruments mana whenua define as affecting their aspirations for improved water outcomes may not necessarily be targeted or directly focused on water quality issues. For example, Te Ao Marama highlighted that they work with a minimum of 13 different statutes and 20 different central and local government agencies, not counting the multiple range of private sector interests they interact with.

This highlights a need for a greater understanding of a Māori world view among government agencies and regulatory authorities, as well as private sector interests who work in, or rely on, the natural resources sector. This understanding of mana whenua views and aspirations is particularly critical at the regional/local level where most decisions are implemented. However, central government agencies developing national policy such as National Policy Statements and National Environmental Standards also need to ensure national instruments both adequately provide for iwi rights, interests and values, while also retaining sufficient local flexibility to enable

13 Te Rūnanga o Ngāi Tahu Study Analysis

mana whenua and local communities to reflect their local priorities and aspirations.

The Case Study has also highlighted that the formal connections between many of these instruments are at best tenuous and often non-existent. This creates a number of specific challenges for mana whenua seeking to engage with a range of instruments with a common objective of improving water outcomes. The lack of connectivity between instruments creates inconsistency, which means it is difficult for mana whenua to effectively input into the development of many of the instruments to ensure their core values and principles such as ki uta ki tai and kaitiakitanga are recognised and provided for as a whole. Also, where mana whenua are afforded the opportunity to input, this often requires them to duplicate their efforts across multiple processes, further exacerbating resourcing issues for iwi with already limited capacity. To even further complicate this issue, each instrument often has a completely different development or engagement process, requiring iwi to understand multiple processes and legislative frameworks if they want to engage effectively.

Where and how mana whenua are able to articulate their rights, interests and values also varies greatly. All three of the mana whenua groups who participated in this study have developed iwi environmental management plans as statements of their aspirations for natural resources in their respective rohe. There are also a number of other avenues they have used to articulate their aspirations, and rights, interests and values in relation to water. These include Settlement legislation, Regional Policy Statements and Plans, specific recognition of iwi interests in other tools, and for Ngāi Tahu, iwi wide plans such as the Te Rūnanga o Ngāi Tahu Freshwater Policy.

The existing statements of iwi rights, interests, values and aspirations highlight a number of repeating themes, especially values and principles such as whakapapa, kaitiakitanga, ki uta ki tai, mana, mauri, and tikanga. All iwi also have a collective focus on maintaining and improving water quality (and quantity). Together, these elements are all consistent with the Ngā Matapono ki Te Wai framework adopted by the Freshwater Iwi Leaders Group. In addition, each mana whenua group have also identified specific catchment and site-specific interests that further highlight iwi aspirations relevant to the management of these resources.

While iwi generally express their rights, interests and values in a consistent way, the legislative and regulatory frameworks we are reliant on to incorporate and give effect to iwi rights, interests and values vary greatly and often interpret iwi statements of their rights, interests and values differently than is intended by iwi. This is further exacerbated by decision makers having a largely limited knowledge of the Māori world view, and therefore being unable to give appropriate context to mana whenua views on their rights, interests, values and aspirations.

Mana whenua have control over how their interests are represented and articulated in Iwi Management Plans. However, on their own iwi management plans have little direct effect on water management and are reliant on other regulatory and legislative instruments, such as regional plans, adopting the provisions of the iwi plans. The effectiveness of regional plans and other instruments in adopting the provisions of iwi management plans is also variable.

While iwi management plans and other statements provide a useful resource for mana whenua, as well as a guide for other resource users and managers to their interests in water, adequately giving effect to these statements to achieve the outcomes mana whenua are seeking is still particularly challenging. This is especially problematic when resources have been degraded to such an extent they are unable to support many of the values the mana whenua hold for that waterbody. 14 Te Rūnanga o Ngāi Tahu Study Analysis

For example, Te Ātiawa have identified that the draining of water wetlands has had a significant impact on both the connection of mana whenua with those resources, and also their ability to undertake cultural practices such as mahinga kai. The destruction of wetlands has also further impacted on surrounding water quality, including coastal waters, as these wetlands areas also operated as natural filters. Both Ōtākou and Murihiku share similar experiences.

Addressing the impacts of these types of historical actions often goes beyond the scope of existing resource management tools. The ability of the regime to recognise and provide for iwi aspirations is also compromised by the fragmentation of the environment between different regimes. This effectively limits the ability of iwi to achieve their aspirations, or for their rights and interests to be adequately recognised and provided for in many instances. For example, TAMI noted that coastal waters are being compromised by differing regimes applying to various parts and not working together for the ora of the environment.

6.3 Giving Effect to Iwi Rights and Interests

Understandably, mana whenua place great value on establishing and maintaining positive relationships with councils as a central tenet of achieving improved environmental outcomes, including for water.

However, the study has highlighted that there is no „one size fits all‟ solution for iwi/Council relationships. For Te Ātiawa, the local government and iwi political landscape is quite different than it is for Ōtākou and Murihiku. Te Ātiawa are one of several iwi with mana whenua status in the Marlborough District Council region, and the MDC also operates as a unitary authority. For both Ōtākou and Murihiku, only Ngāi Tahu has mana whenua rights within these regions, although there are 7 independent Papatipu Rūnaka who hold mana whenua status in these regions, and there are multiple local government organisations they engage with, each with different processes. The nature of water resources also varies significantly between the regions, as does resource use. For example, both Southland and Otago have large hydro-electricity generation schemes within their regions, while Te Ātiawa face a different set of resource challenges in the Marlborough Sounds with high recreational use, and impacts of septic tanks and domestic uses associated with private baches in the Sounds.

Te Ātiawa have focused on the gains achieved through working with the Marlborough District Council in developing the draft Marlborough Regional Policy Statement (MRPS). Marlborough iwi have worked together over the last 8 years through the Iwi Working Group on developing the Iwi (chapter 3) and Water (chapter 15) provisions of the draft MRPS. They identify the recognition of their interests in these chapters as a hard won achievement that is „sufficiently acceptable‟ to all iwi. The focus has now shifted to working with the recently convened Te Tau Ihu Rivers and Water Advisory Komiti, about the future allocation of water in Marlborough.

Ngāi Tahu, including the Murihiku and Ōtākou Papatipu Rūnaka have had the benefit of nearly 20 years since reaching settlement of their Treaty claims, including statutory acknowledgements as part of this process requiring Councils to formally acknowledge their association with particular sites and resources. While they are undoubtedly better positioned to engage today than in earlier times, they still face a multitude of challenges.

Otago Rūnaka are building strengthened relationships with the regional council through the formation of Te Ropū Taiao Otago and the Mana to Mana processes. 15 Te Rūnanga o Ngāi Tahu Study Analysis

These processes are the latest in a number of attempts to strengthen the relationship between the Rūnaka and councils.

Murihiku has also established a number of structures and processes to support engagement between the Papatipu Rūnaka and councils, including a Charter of Understanding – He Huarahi me Nga Uru Whakatupu agreed in 1997, and direct funding from Southland councils to support Te Ao Marama Inc. Murihiku also note that significant gains have been made through relationships with key individuals in Councils and government agencies.

These are positive advances for iwi engaging with local councils, but it is also important to acknowledge that, as Te Ao Marama has highlighted, Councils are only one of a multitude of agencies mana whenua are required to engage with regarding water, and as the challenges outlined below show these processes are still far from perfect. As Te Ātiawa has highlighted, while they are making progress, “gaps in fulfilling effective recognition on all iwi issues will inevitably exist in a region that has been settled and shaped by the workings of a European dominated culture”.

6.4 Challenges

Te Ātiawa note that while they have achieved a sufficiently acceptable outcome through combined iwi participation on the development of the draft Marlborough RPS, the next step will be to engage with the wider community on the draft RPS. Te Ātiawa caution this will be a stern test of the proposals iwi and the council have negotiated to date.

This highlights a further challenge for iwi, that not only do they have to work with the Council to promote their rights, interests and values, any agreements reached are subsequently subject to challenge by the wider community.

Kāi Tahu ki Otago has highlighted a number of particular challenges, including:

 a lack of co-management opportunities in their rohe. Specific provisions exist within the RMA providing opportunities for iwi to participate in co- management arrangements, and despite it being nearly 20 years since the Ngāi Tahu settlement and positive developments in the relationship between the Papatipu Rūnanga and Otago Councils, there are still no co-management arrangements in place

 limited uptake and acceptance of Mātauranga Maori and iwi based monitoring tools such as the cultural health index and state of the takiwa reporting frameworks. While these tools have been well proven across a number of rohe, councils in Otago have still not acknowledged their value or committed to utilising these tools

 a lack of integrated planning. For example, the issuing of consents for subdivision by territorial authorities and the subsequent pressure being put on Kāi Tahu to approve of take and discharge consents that undermine iwi aspirations for water.

 the challenge of incorporating traditional Te Reo terminology into legislative frameworks and the significant loss of context and meaning when these phrases are reinterpreted into English language. This is particularly challenging when seeking to recognise and provide for iwi rights, interests and values in water and the appropriation of terms such as kaitiakitanga by 16 Te Rūnanga o Ngāi Tahu Study Analysis

the Resource Management Act.

Murihiku notes that iwi are locked into a cycle of reacting to demands from Councils or consent applicants rather than developing a wider strategic approach to water and sustainable resource use and development. Te Ātiawa and Ōtākou Rūnaka are in a similar situation and it is likely this is a significant challenge for all iwi.

Te Ao Marama has highlighted four key issues impacting on the full expression of Ngāi Tahu ki Murihiku‟s rights interests and values for water in Murihiku These are:

 Leadership, within both Rūnanga and Councils. Specifically the willingness of and understanding of Councils to make decisions on the incorporation of iwi rights, interests and values

 Relationships with Local Government and Crown

 Ki uta ki tai, versus silos and fractured regulatory management of water

 Follow through and delivery (including compliance, monitoring and accounting) of legislation, plans, and policies.

All three of the mana whenua groups involved in this study have reached Treaty settlements with the Crown, and in the case of Ngāi Tahu this was nearly 20 years ago. Ngāi Tahu have established good relationships with local authorities, and many government departments; and, comparative to many iwi groups, have a higher level of resources available to them. Clearly, this is still insufficient as they still struggle to find the time or the resources to shift from the current reactionary situation to a more strategic and proactive position on a wide range of natural resource issues.

6.5 Resourcing and Capacity

As noted above, all three groups who participated in the study have achieved Treaty settlements with the Crown, and consequently have relatively stable and well- mandated structures in place to represent their mana whenua interests. While compared to many other iwi and hapū resource management groups they have access to more resources, the reality is they are still significantly under-resourced to adequately engage across the full range of processes they have identified as impacting on water in their rohe, and on their obligations as kaitiaki. This is particularly obvious when compared to the resources of the Councils and the government agencies they are expected to engage with, who individually all have a much narrower focus than the mana whenua groups. As noted above, Te Ao Marama engage with at least 20 agencies, just on water, each of which is likely to have access to significantly more resources than the mana whenua.

As Kāi Tahu Ki Otago observes “we are expected to be experts or at least have a greater understanding then most in water science, hydrology, planning, policy development, Maori and community development, climate change, oil and gas exploration, local and central government process. I do not believe that there would be another profession where such a wide range of skills is required.”

It is difficult to imagine any council or government agency expecting any single business unit or team within their agency to have even a limited understanding of such a wide range of issues, let alone be experts and able to engage at a technical level with other council or government agencies. Yet, this is expected of the iwi resource management teams that participated in this case study on a daily basis. 17 Te Rūnanga o Ngāi Tahu Study Analysis

The ongoing demands to engage with a large number of agencies, across a wide range of issues with the limited resources referred to above further exacerbates the challenge outlined earlier of iwi wanting to be able to plan and engage more proactively and strategically, but effectively being locked into a reactive cycle by the limited resources available to them.

This is further evidenced by the evolution of this Case Study. While the intention was for the study to be an opportunity for the mana whenua groups who participated to at least initiate some proactive and strategic planning by identifying the range of processes they were engaging with and the upcoming timeframes, it has been apparent that with the day to day pressures the groups are under, responding to the study has in many ways been another challenge for an already over-burdened and over-committed resource.

Resources and timing of this study have not enabled a comprehensive assessment of the effectiveness of existing regulatory statements in relation to iwi rights, interests and values, or mana whenua aspirations for water. While there are some positives highlighted (e.g. Te Ātiawa view on MRPS), there are still clear challenges in achieving a full and satisfactory recognition of iwi rights, interests and values in relation to water and water management.

18 Te Rūnanga o Ngāi Tahu Study Analysis

APPENDIX ONE: SCAN OF INSTRUMENTS

Scan of statutes and instruments relevant to, or impacting on, regional water management

 This scan was undertaken by mana whenua in each region and reflects perspectives of those hapu or iwi groups.  The assessment of relevance of each instrument to water management has been made by mana whenua.  Determination as to whether the instrument contains reference to iwi rights, interests and values and whether the instrument was prepared with direct involvement and input from iwi has been made by mana whenua.

Guide to Interpreting the Table

? = Does this instrument contain reference to rights, interests or values of iwi in relation to water impacted by the instrument? – X or ? = Was this instrument prepared with direct involvement and input from affected iwi? – X or

X X = no reference to rights, interest or values and no involvement or input, = reference to rights, interests or values and involvement or input

Abbreviations CDC Clutha District Council CODC Central Otago District Council DCC Dunedin City Council DOC Department of Conservation ES Environment Southland MDC GDC Gore District Council ICC Invercargill City Council MDC Marlborough District Council MPI Ministry for Primary Industries ORC Otago Regional Council QLDC Queenstown Lakes District Council SDC Southland District Council TPK Te Puni Kokiri TRoNT Te Rūnanga o Ngāi Tahu WDC Waitaki District Council

19 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Statute/Instrument Marlborough ? ? Otago ? ? Southland ? ?

Local Authority MDC Top of the ORC LTCCP Outcomes  X GDC District Growth Strategy Reports & Strategies South Indicators Report 2006-2008 Report MDC Progress ORC A High Level  X Southern Shared Services – Southland   Marlborough Assessment of the Councils and Beyond Economic Risks and  WasteNet Development Vulnerabilities to  Venture Southland Strategy Energy Supply in the  Our Way Southland Otago Region  Southland Regional Heritage Committee  Environmental Health

 Freedom Camping

 Biodiversity

 Rakiura Integrated Planning Group  Southland Coastal Heritage Inventory Project  Te Rōpū Taiao and Te Ao Marama Inc MDC Marlborough DCC Dunedin City ICC Spatial Plan 2012 – the Big Regional Land Economic Picture Transport Development Strategy Strategy 2012- 2022 DCC Strategic Framework ICC Invercargill Action Plan for Dunedin CODC Central Otago Southern Joint Waste Water Plan  Economic and Councils Business Development Strategy CODC Central Otago Strategy Venture Sustainable Business Strategy for Sustainability Southland 2008

QLDC Flood Management Venture Southland Aquaculture Strategy Southland Strategy 2012 20 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

QLDC Growth Management Venture Southland Energy Strategy Strategy Southland 2011

CDC Sustainable Farming Venture Southland Tourism Strategy Fund Water Filtration Southland 2005 - 2015 Project CDC Shared Services Venture Southern-Southland Southland and Beyond Southland Community Development Plan (draft)

Venture Southland Regional

Southland Development Strategy (draft)

Southern Charter of Understanding: He   Councils and Huarahi mō Ngā Uri Ngāi Tahu ki Whakatupu Murihiku ICC City Centre Outline Action Plan Our Way Southland‟s Community Southland Outcomes: Monitoring Report 2005-2008 Our Way Community Outcomes Report Southland 2009-12 Our Way Our Way Southland Quality of Southland Life Survey 2010, 2013 ES

Southern Wetlands of Southland: A Councils Guide for Maintaining and Enhancing the Values of our Wetland Areas Southern Coastcare: Caring for Councils Southland‟s Coastal Plant Communities Southern Forest Remnants of the Councils Southland Plans: A guide to Enhancing Forest Remnants ICC Otatara – Sandy Point Bushcare: A Guide to Enhancing your Bush

21 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Local Government MDC Long Term Plan  ORC Long Term Plan 2012-  X ES Long Term Plan 2012-2022   Act 2012-2022 2022 MDC Annual Plan X ORC Annual Plan 2014-15  X ES Annual Plan 2014-15   2014-15 MDC Tradewaste X ORC Significance &  X ES Significance Policy   Bylaw 2011 Engagement Policy MDC Freedom X ORC Flood Protection ES Southland Flood Control  Camping Bylaw Management Bylaw Management Bylaw 2010 2012 MDC Asset X ORC Taieri Flood & GDC Long Term Plan 2012-2022  Management Drainage Schemes Plans Review - water supply and reticulation - stormwater systems - sewerage reticulation and treatment plants - roads and bridges - rivers and drains - reserves and amenities plan - landfill and transfer stations plan

MDC Code of X ORC Leith Lindsay Flood   GDC Annual Plan 2014-15  Practice for Protection Scheme Subdivision and Land Development Wairau River X WDC Annual Plan 2014-15 GDC External Communications Gravel Policy Extraction Policies – March 2013

22 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

WDC Significance & GDC Bylaws: Engagement Policy  Long Grass Overhanging Foliage  Solid Waste  Subdivision and Development  Trade Waste  Water Supply WDC External GDC Reticulated Services Policy Communications Strategy Cape Wanbrow Plan GDC Asset Management Plans: [get from Howard] DCC Long Term Plan 2015- SDC Long Term Plan 2012-2022  2025 DCC Annual Plan 2014-15 SDC Annual Plan 2014-15  DCC Financial Strategy SDC Bylaws:  Stormwater Drainage  Solid Waste  Subdivision Land Use and Development  Trade Waste  Wastewater Drainage  Water Supply DCC Allanton New SDC Asset Management Plans: Wastewater [get from Simon] Reticulated Services Funding Policy DCC Reserves Bylaw SDC Reserve Management Plans: [get from Simon] DCC Solid Waste Bylaw ICC Long Term Plan 2012-2022  DCC Trade Waste Bylaw ICC Annual Plan 2014-15  DCC Water Bylaw ICC Bylaws:  Trade Waste   Water Supply   Solid Waste  DCC Climate Change: ICC Asset Management Plans: Adaptation Plan  Building Activity 23 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Impacts on Management Plan 2011 Dunedin  Community Development Predictions Policy Activity Management Plan 2011  Compliance Activity Plan 2011  Environmental Health Activity Management Plan 2011  Parks Asset Management Plan 2011  Resource Management Activity Management Plan 2011  Sewerage Asset Management Plan 2011  Solid Waste Activity Management Plan 2011  Stormwater Asset Management Plan 2011  Water Asset Management Plan 2011 DCC Industrial Land Needs ICC New River Estuary: Review of Study Changes with Tertiary Treatment DCC Industrial Land Use ICC Clifton Wastewater Treatment Plant Discharge Consent Monitoring – Estuary Sediments 2006 DCC Industry Project Fund ICC Assessment of Water and Sanitary Services Report 2012 CODC Long Term Plan – ICC Preliminary Assessment of 2012-2022 Water and Sanitary Services: Kennington Report CODC Annual Plan 2014-15 ICC Parks and Reserves Strategy CODC Significance & Engagement Policy CODC Trade Waste Bylaw CODC Water Supply Bylaw 24 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

QLDC Long Term Plan 2012- 2022 QLDC Annual Plan 2014-15 QLDC Asset Management Plans: Parks and Reserves Solid Waste Stormwater Wastewater Water Supply QLDC Water Supply Bylaw QLDC Enhancement Plans: Albert Town Lagoon Gorge Road Wetland QLDC Significance & Engagement Policy QLDC Enforcement Strategy and Prosecution Policy QLDC Services Policy: Building over drains Extension and Connection Costs for Water and Sewerage Provision for New Water Supply and Sanitary Sewer Connections Wanaka and Hawea Landfill Sites Water and Sewerage Schemes Small Communities

25 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Water Supply for Construction Purposes QLDC Development Plans: Lake Hawea Foreshore Reserve Wanaka Foreshore Playground QLDC Small Community Plans: Arrowtown Glenorchy Cardrona Hawea Kingston Luggate Makarora Tomorrows Queenstown Wanaka 2020 QLDC Structure Plans: Cardrona Valley Wanaka CDC Long Term Plan 2015-   2025 CDC Annual Plan 2014-15 CDC Water and Sanitary Services Bylaw CDC Significance & Engagement Policy CDC Policy on Stock Crossings, Races on Road Reserve, and Stock Underpasses

Resource Te Ātiawa o Te Ātiawa o Te   Te Rūnanga Kai Tahu ki Otago   Te Rūnanga o Te Tangi a Tauira – the Cry of   Management Act Te Waka-a- Waka-a-Māui o Moeraki; Natural Resource Awarua; the People – Iwi Management Māui Trust Iwi Kāti Huirapa Management Plan Te Rūnanga o Plan for Murihiku Environmental Rūnanga ki Oraka/Aparima;

26 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Management Puketeraki; Te Rūnaka o Plan - 2015 Te Rūnanga Waihopai; o Ōtākou; Hokonui Hokonui Rūnanga Rūnanga Te Runanga Te Poha o Tohu   ORC Regional Policy   ES Regional Policy Statement   o Kaikoura Raumati Statement MDC Regional Policy   ORC Regional Plan : Water   ES Regional Water Plan   Statement MDC Wairau Awatere   ORC Regional Plan: Coast   ES Coastal Plan   Resource Management Plan

MDC Marlborough   ORC Regional Plan: Waste ES Air Quality Plan  

Sounds

Resource

Management

Plan

MDC Code of X ORC Regional Plan: Air   ES Aquaculture Zoning in the   Practice for Southland Region Subdivision and Land Development ORC Water Management & ES Effluent Land Application Plan   Te Rūnanga Regional Eel   Allocation in the o Ngāi Tahu Management Future: A Strategy for Plan - 1998 Otago Ngāti Koata No Rangitoto   ORC Milton 2060 Flood Risk ES Managing Unwanted Trust Ki Te Tonga Management Strategy Vegetation in Southland Rivers Trust Iwi Management Plan – 10 June 2002 Te Rūnanga Te Rūnanga o   ORC Urban Water Quality ES Foul Water Systems o Ngāti Kuia Ngāti Kuia Strategy Discussion Pakohe Management Plan - 2014 Collective iwi Objectives of   ORC Rural Water Quality ES Mataura Catchment Strategic  

27 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

the Waimāori Strategy Water Study Programme

Collective iwi Ngā Matapono   ORC Dairy Farming ES Mataura Borough Flood Ki Te Wai guidance material Protection Scheme Report Collective iwi Te Waka a   ORC Sheep & Beef Farming ES Water Shortage Standard Maui me ona guidance material Operating Procedure Toka Mahi Tuna (South Island Eel Management Plan) -1996 Collective iwi Draft Waimāori   ORC Planting & Waterways ES Southland Coastal Hazard Strategy: 2007 Management guidance Assessment – 2010 material

Collective iwi A Cultural   ORC Landfill & Offal Pit ES Half Moon Bay Urban Land

Health Index for guidance material Use Study

Streams and

Waterways

Indicators for

recognising and

expressing

Maori values –

2003; Gail Tipa

& Laurel

Teirney

  MDC Draft ORC Water Quality ES Omaui Coastal Erosion Study Marlborough guidance material Resource Management Plan (includes MRPS) 2015 ORC Water Requirements ES Summary Guidance Material: for Irrigation Mitigating on-farm losses throughout the Otago and land use change Region Prioritising action for Southland‟s water quality issues 28 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Contamination of fish and cockles in rivers and estuaries Groundwater and nitrate movement Land use change – agriculture Land use change – environmental impacts Land use change – indigenous vegetation Monitoring rivers and beaches for faecal contaminants Monitoring Faecal Contaminants in Southland‟s rivers and streams ORC Management Flows for ES Good Practice Farming Aquatic Ecosystems in Factsheets: the : Creating Riparian Zones Arrow River Critical Source Areas Lindis River   Design and Cost of Fencing Low Burn Drainage and Channel Luggate Creek maintenance

Manuherikia Farmer‟s Rough Guide to   Pomahaka River Environment Southland

Taieri River Rules Tokomairiro River Hill and High Country

Trotters Creek development

Tuapeka River Historic Heritage on Farms   Waianakarua Managing Riparian Zones Waiwera River   Nutrient Management Pest Animals in Riparian   zones Preparing for Winter Riparian Plants for Southland Waterways Weeds in Riparian zones

29 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

ORC Water Resources of ES Water and Land 2020 Reports: the: Hill Country Development Cardrona River  X Impacts of Annual Pomahaka and  X Wintering on water and soil Waiwera Rivers quality Taieri Catchment:   Land use and Land an overview management risks to water Waikouaiti River quality in Southland Waitati River and Overland Flow Review Careys Creek Riparian Review ORC Manuherikia Water ES Water Monitoring Resources summary Investigations: Estuarine Reports Report Cards 2012 State of the Environment - water 2010  Our Health  Our Ecosystems  Our Uses  Our Threats Waituna Lagoon

ORC Hydrological ES Recreational Waters of

investigation: Southland report (also known

Kakanui River as the Summer Recreational

Shag River Bathing Updates)

 

  ORC Integrated Water ES Groundwater reports 2013/14:  Resource Estimating Time Lag for Management for the nitrate response in shallow Cardrona River Southland groundwater On-site wastewater groundwater quality risk Waimea land and water care group ORC Instream values and ES Groundwater reports 2012: water resource Edendale model

30 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

management options Five year median nitrate for the Ida Burn technical report Groundwater quality survey results for Lower Waiau nitrate survey Knapdale technical report Spring gauging programme review Waituna Catchment groundwater resources technical report ORC Bannockburn and ES Groundwater reports 2011: Shepherds Creek Regional mapping of water resources study groundwater denitrification potential and aquifer sensitivity Riversdale groundwater management zone technical report Riversdale irrigation water use assessment State of the Environment – groundwater quantity ORC Channel Morphology & ES Groundwater reports 2010: Sedimentation: Balfour groundwater project Cardrona River Edendale groundwater Kakanui and   management zone Kauru Rivers technical report Lower Clutha Fractured rock and River confined aquifers – Rees River recommendations for Shag River sustainable management Waianakarua Groundwater report on the Balfour Groundwater quality study Groundwater quality in Southland State of the Environment – groundwater quality ORC Coastal Morphology of ES Groundwater reports 2008/09: 31 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

South Otago Assessment of sensitive environments Review of groundwater quality monitoring results from Heenan‟s corner nested piezometer Balfour nitrate hotspot report Management of confined aquifers in the Southland region Surface Water and Groundwater relationships in the Mataura catchment above Gore ORC State of the ES Groundwater reports 1998/07: Environment Report: Central Southland plains Groundwater groundwater study Quality Groundwater quality in Groundwater Southland a regional Quantity overview Otago Estuaries Groundwater quality Surface Water monitoring programme Quality in Otago Hydrogeology of the Oreti Surface Water basin Quality in south- Mid-Mataura groundwater west Otago model Surface Water Nitrate hotspots survey of Quality wells with excessive nitrate monitoring review Northern Southland Water Resources groundwater model of Otago Oteramika Trial Catchment groundwater studies Review of Environment Southland Waimea plains piezometric survey ORC Water Quality of ES Surface water quality 2014: Coastal Otago Contribution of on-site Catchments wastewater disposal to

32 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

cumulative regional nitrate loading NIWA – design of stormwater monitoring programmes Regional scale stratification of Southland‟s water quality ORC Environmental Status ES Surface water quality 2013: of the near shore Environmental residues of Coastal Environment anticoagulants Faecal contamination in selected Southland rivers and streams Fish surveys in non- wadeable systems Lake George Broad Scale Habitat mapping Lake Murihiku Broad Scale Habitat mapping Lake Vincent Broad Scale Habitat mapping The Reservoir Broad Scale Habitat mapping Nutrient loading in shallow coastal lakes Shallow lowland lakes report Updating nitrate toxicity effects on water aquatic species ORC Otago Lakes trophic ES Surface water quality 2012: status Ecological condition of six shallow Southland lakes Effects of drain clearing on water quality Otepuni faecal source investigation report

ORC River Flow Report ES Surface water quality 2010: Cards Benthic cyanobacteria and

33 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Anatoxin-A Development of a Southland Wetland Macroinvertebrate Community index Review of state of the environment water quality monitoring programme Southland Water 2010 – our ecosystems technical report for lakes and lagoons Surface Water quality monitoring programmes ORC Catchment Report: ES Surface water quality pre-2010: Lower Taieri Waihopai Catchment water River quality Tokomairiro Upper Taieri River ORC Water Quality and ES Potential inanga spawning Ecosystem /Ecological areas in Southland rivers Health: Catlins Area Lake Tuakitoto Catchment Manuherikia Upper Taieri

ORC Shag River/Waihemo ES Whitebait survey summary of Catchment water results 2013 quality and ecosystem

ORC Water quality in the ES Minimum flow requirements of

Tokomairiro trout in the Mataura River

Catchment: Trends

ORC Water Quality Report: ES Instream flow requirements: Kakanui River Irthing Stream Lake Waipori and Mataura River Lake Waihola Oreti Lindis and Waihopai River 34 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Cardrona Rivers Pomahaka River Waianakarua Waiareka Creek and Island Stream Water of Leith and Lindsay Creek ORC Effects of Land use on ES State of the Environment Water quality in the fishery report 2007/08 Pomahaka River

ORC Patterns of Water ES Pollution prevention guides:

Quality in the Abrasive Blasting

Pomahaka Catchment Automotive painting and

panelbeating Baleage wrap recycling Car washing

Concrete washings

Directional drilling

Dust Suppression

Fuel and oil Old Vehicles Painting and plastering

Vehicle and equipment

washing

ORC Didymo in Otago: a ES Report Cards 2013:

summary Bathing and shellfish

Fish Study Groundwater quality Groundwater quantity

Lake Water quality

River and stream health

Rivers and rainfall

Soil moisture Surface water abstraction ORC The effect of irrigation ES Landscape Studies: runoff on water quality Invercargill Coastal Southland Coastal 35 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Te Anau ORC Groundwater resource ES Sustainable Drainage management review of Management Strategy 1997 the South Otago Sustainable Drainage Basins management guide ORC Aquifers Report/Study: ES Riparian Management: Benger Burn and Clean Streams guide Ettrick Basin   Dairy NZ – getting riparian Cromwell Terrace planting right in Southland North Otago Grazing of stock adjacent Volcanic to waterways South Dunedin Intensive winter grazing Coastal Land adjacent to Wakatipu Basin watercourses swampy areas Riparian planting species booklet Streams and drains Tracks races and waterway crossings

ORC Groundwater ES Weed and sediment removal Allocation study: for drainage maintenance Alexandra Basin Bendigo and Tarras Ettrick Basin Lower Taieri

ORC Groundwater ES Soil quality and stability

exploration in the Ida programme for Southland

Valley

ORC Rainfall Recharge ES Impacts of animal wintering on Assessment for Otago water and soil quality groundwater basins ORC Groundwater quality: ES Factors affecting contaminant Kingston and loss in overland flow Glenorchy ORC Flood and erosion ES Environmental effects of hazard: activities within the riparian Clutha zone River/Mata-au 36 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Dunedin‟s urban streams Glenorchy Kingston Lake Wanaka Queenstown CBD Taieri Plain and Strath Taieri ORC Queenstown Lakes ES Land use change in the Flood Management Southland region ORC Otago Alluvial Fans: ES Nitrogen, phosphorus and High Hazard sediment losses from rural land uses in Southland

ORC Community ES Overseer comparison wintering Vulnerability to report elevated sea levels and coastal tsunami events

ORC Coastal Storm surge ES Assessment of farm mitigation

investigation options and land use change

on catchment nutrient

contamination loads in the

Southland region

ORC Coastal Hazards of the ES Waituna Lagoon technical Dunedin City District reports: Broad scale habitat mapping and historical sediment coring Comparison of catchment modelling approaches for the Waituna lagoon catchment Controlled drainage study Ecological vulnerability assessment and monitoring recommendations Eutrophication of coastal lagoons Groundwater in the 37 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Waituna catchment Nutrient load criteria to limit eutrophication Nutrient loads to protect environmental values in WAituna lagoon Potential constructed wetland sites Potential nitrogen and phosphorus losses from example farms in the Waituna catchment SOE Southland Water 2010 peer review Technical report for lakes and lagoons Technical strategy for Waituna Virtual assessment of drain cleaning activities Waituna catchment groundwater resource Waituna catchment loads Waituna lagoon guidelines Waituna lagoon mechanical opening site assessment Waituna lagoon modelling report Waituna lagoon mouth closure Waituna science bibliography Waituna science factsheet Waituna sediment fingerprinting Waituna surface water quality study – updates 1 to 3 ORC Natural Hazards: ES Good practice farming Cardrona Valley factsheets:

38 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Glenorchy Stop your nutrients going Makarora   underground Taieri Plains Stop your farm going down the drain Design and construction of storage ponds Drainage and vegetation clearance rules Storage Pond Management ORC Flood Response ES Estuarine Reports: Handbook Fortrose (Toetoes) broad scale mapping 2012/13 Frentz Reef fine scale rocky shore monitoring Water Estuary fine scale monitoring 2012/13 Haldane estuary sedimentation rate monitoring 2012 Jacobs River Estuary Macroalgal Monitoring 2007 Jacobs River estuary – fine scale monitoring and broad scale mapping 2012/13 Lake Brunton broad scale habitat/macrophyte mapping New River Estuary Broad Scale Habitat Mapping and Sedimentation Rate New River estuary fine scale monitoring, macroalgal monitoring and broad scale habitat mapping 2012/13 Southland coast habitat mapping State of the Environment 2006 Stirling Point rocky shore

39 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

fine scale monitoring 2010- 11 Waiau (Te Waewae) Lagoon fine scale monitoring and macrophyte mapping 2012 Waihopai arm preliminary synoptic assessment 2010/11 Waikawa Estuary Fine Scale Monitoring and Historial Sediment Coring 2007 Waikawa Estuary Board Scale Habitat Mapping 2008/9 Waikawa estuary fine scale monitoring and sedimentation rate 2012/13 Waimatuku estuary fine scale monitoring 2011/12 Waipapa Point fine scale rocky shore monitoring 2013 ORC Viability of re- ES Contaminants in estuarine and establishing tidal flow riverine sediments and biota in at Hoopers Inlet Southland WDC Waitaki District Council GDC Gore District Plan   District Plan DCC Dunedin City Council   SDC Southland District Plan   District Plan

DCC Biodiversity Fund ICC Invercargill City Council District  

Plan

DCC Biodiversity Strategy ICC Significance and Engagement for Dunedin City Policy DCC Code of Subdivision ES Māori Capacity to Contribute to   and Development Decision Making Processes DCC Dunedin District ES Iwi on Consent and Plan   Ecosystem Mapping Hearings

40 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

DCC New Reticulated Utility Services (Water, Wasterwater or Stormwater) Policy DCC Resource Southern State of Southland‟s Coastal   Management Act Councils Marine Environment 2005 Infringement Notice Policy DCC Resource ES Contamination of Shellfish Management Waters at Colac Bay 1997 Monitoring Strategy DCC Spatial Plan for   ES Waihōpai River Floodplain Dunedin Management Plan 1991 (I don‟t know if this has been updated) DCC Water and Wastewater ES Stock Truck Effluent Report – Ownership of Utilities 2003 Policy Statement DCC Water Conservation ES Managing Cumulative Effects Management Plan of Rural Land Use on Water Quality in Southland 2011 DCC Water Restrictions ES Definition of Water Quality Policy Management Zones for the Southland Region 2013 DCC Water Supply Auditor General Managing water quality: (Domestic) Policy Challenges for regional Statement councils 2011 DCC 3 Waters Strategic   MfE Mataura Water Conservation Direction Statement Order CODC Central Otago District  X DOC / ES Issues facing Southland‟s Plan wetlands: Recommendations for Future Management 2003 CODC Clutha River/Mata-au Plan QLDC Queenstown Lakes  X District Council District Plan QLDC Lake Hayes Management Strategy 41 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

QLDC Sustainable Building guidance material CDC Clutha District Council   District Plan

Reserves Act MDC Taylor Dam X X DOC Pukekura (Taiaroa   GDC Reserves Management Plans Recreation DCC Heads) Reserve A and B 2001 Reserve Management Plan Management (RMP) Plan MDC Taylor River X X WDC Waitaki RMP GDC Town Belt Management Plan Floodway Reserve Recreation and Amenity Plan MDC Wither Hills X X DCC Reserve RMPs: ICC Reserve Management Plans: Farm Park Aramoana  Environmental Reserves: Management Caversham Valley Omnibus Management Plan Forest Plan Coastal Dunes    Otatara Scenic Reserve Dunedin Botanic Plan – 2014

Garden  Rural Reserves Omnibus Dunedin Town Belt Management Plan 2012

Hereweka/Harbour    Sandy Point Domain

Cone Management Plan – July

Hills Reserve 2013

Island Park  Greenpoint Domain

Recreation  Anderson Park

Mt Watkin/  Argyle Park Hikaroroa    Donovan Park Ocean Beach  Elizabeth Park Ocean Grove Recreation  Queens Park Okia    Thomsons Bush Otago Boat  Town Belt Harbour Recreation Otago Harbour Signal Hill Recreation 42 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Truby King Waikouaiti MDC Picton   DCC Reserves ICC Reserve Management Areas: X X Foreshore Management Plan  Anderson Park Reserve General Policy  Beaconsfield Road Management  Esplanade Reserve Plan – 2014 (McIvor Rd)  Forde Road  Joeys Island

 Metcalf Bush Reserve

 Mersey Street

 Mill Road  Omaui Reserve  Oteramika Road  Parnell Reserve  Paterson Reserve  Racecourse Rd  Red Tussock Reserve  Seaward Bush Reserve  Short Road  Taiepa Dune Reserve  Waihopai River MDC Pollard Park   CODC Reserves RMPs TRoNT Reserve Management Areas: Management Molyneaux Park (NTSCA98)  Matariki (near Cosy  Plan - 2014 Pioneer Park Nook)

Teviot Valley Ward  Taramea (Howells Point) 

QLDC Kelvin Peninsula

Reserves Network Plan

QLDC Reserves RMPs: Arrowtown – Lake Hayes Albert Town Recreation Reserve Ben Lomond and Queenstown Hill Dublin Bay 43 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Eely Point Kelvin Heights Lismore Park, Kellys Flat and Allenby Park Pembroke Park Queenstown Gardens Recreation Ground Ruby Island Sunshine Bay to Kelvin Heights Upper Lake Wakatipu Wanaka Golf Course Wanaka Lakefront Wanaka Library and Bullock Creek CDC Reserves RMPs: Clutha District Council Reserves Coronation Park Greater Taylor Park Hina Hina Mount Stuart Taieri Mouth

Conservation Act DOC Conservation  General Policy DOC General Policy  for National Parks DOC Nelson  DOC Otago Conservation DOC Mainland Southland/West   Marlborough Management Strategy Otago Conservation Conservation Management Strategy Management Strategy DOC Rārangi Coast  DOC Mainland Southland DOC Stewart Island/Rakiura   44 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Operational West Otago Conservation Management Plan Conservation Strategy Management Strategy DOC Nelson Lakes  DOC Rakiura National Park   National Park Management Plan 2011-2021 Management Plan DOC Nelson Lakes X DOC Subantarctic Islands   National Park Conservation Management Bylaws - 2006 Strategy DOC Molesworth  DOC Water Fish Strategy for Management Southland Conservancy Plan

DOC Southland Plains Ecological

District: Survey Report for the

Protected Natural Areas

Programme 2003

DOC Fiordland (Te Moana o Atawhenua) Marine Reserves DOC Habitat for female longfinned eels in the West Coast and Southland DOC Drainage management in New Zealand: A review of existing activities and alternative management practices DOC Cleddau River flood protection works 2009 Auditor General Department of Conservation: Prioritising and partnering to manage biodiversity 2012 DOC The Cultural Awareness Ngāi Tahu Settlement Training 1998

Ramsar Convention DOC lead Awarua Wetland/Waituna on Wetlands List of agency Lagoon, Southland Wetlands of International Importance 45 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

World Heritage DOC lead Te Wāhipounamu - South Convention agency West New Zealand World Heritage Area DOC lead Tenative List as of 2006: agency  Stewart Island / Rakiura Archipelago  Waters and Seabed of Fiords of Fiordland (Te Moana o Atawhenua)

Building Act MDC Dangerous X X ES Policy on Dangerous Dams, Dams Policy Earthquake Prone Dams and 2010 Flood-Prone Dams 2011

Fisheries Act MPI Clean Boating Programme MPI Mataura River Mataitai   Recreational Fishing Rules MPI Gazetted Mātaitai:  Waikawa Harbour / Tuma   Toka, Catlins Coast 2008  Mataura River, Southland 2005  

 Waitutu, Southland   2014    Oreti, Southland 2010  Motupōhue, Southland  

2014  Te Whaka a Te Wera,  

Stewart Island 2004  

 Horomamae, Titi Islands   2010

 Pikomamaku, Titi Islands   2010  Kaihuka, Titi Islands 2010 MPI S168 Temporary Closures  (none currently in effect) 46 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Biosecurity Act Regional Pest X ORC Regional Pest ES Regional Pest Management  Management Management Strategy Strategy Strategy for Marlborough – 2012

Health Act CODC Drinking Water Strategy Hazardous Southern All Contaminated Land Substances and New Councils Information Management Organisms Act Protocol Waste Minimisation DCC Waste Management Southern Southland Waste Management Act and Minimisation Plan Councils and Minimisation Plan 2012- 2018 CODC Waste Management and Minimisation Plan QLDC Waste Minimisation Strategy CDC Waste Management and Waste Minimisation Plan Ngāi Tahu Claims DOC Nohoanga Sites  Settlement Act [get exact sites from Aaron/Dean] DOC Tōpuni  Motupōhue (Bluff Hill)   Pikirakatahi (Mount  Earnslaw)  Takitimu Range   Te Koroka   Tutoko 

ES / MPI Coastal Marine

 Te Mimi o Tū Te Takiwhanoa (Fiordland)  Rakiura/Te Ara a Kiwa (Rakiura/Foveaux)

47 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Southern Statutory Acknowledgement: Councils / DOC  Aparima River   Hananui   Lake Hauroko    Manawapopore/Hikuraki

(Mavora Lakes)   Mataura River   Motupōhue (Bluff Hill)   Moturau (Lake Manapouri)   Oreti River   Pikirakatahi (Mount Earnslaw)    Lake Te Anau   Toi Toi Wetland, Rakiura   Tutoko   Uruwera (Lake George)   Waiau River   Waituna Wetland  Whenua Hou Te Ture Whenua TPK Te Ture Whenua Māori Land Māori Land Act Act 1993 Review Panel report TPK Owners' Aspirations Regarding the Utilisation of Māori Land TPK He Tiro Whānui e pā ana ki te Tiaki Taiao 2012: 2012 Kaitiaki Survey Report Other Stakeholders Trustpower Wairau Valley X Limited Hydro Electric Development Proposal: Social Impact Assessment - 2005 Fish and Nelson / Game NZ Marlborough Fish and Game

48 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

Council Federated Local branch Farmers Royal Forest Local members and Bird Society Marlborough Local policy Residents documents and Rate Payers Associations Growsafe NZ Industry Standard NZS8409:2004 Management of Agrichemicals Marlborough Progress Regional Marlborough: Development Economic Trust Development Strategy Report - 2008 Marlborough Local members Environment Centre Inc Cawthron Water research Institute projects Fonterra Sustainable  Dairying: Water Accord (Accord 2) - 2013 Sustainable Winery X X Winegrowing Standards 2002 NZ Organic Guidance X X Winegrowing material NZ

49 Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments

APPENDIX TWO: TE MANA O TE WAI

Te Ātiawa ki Te Tau Ihu – Te Mana o te Wai - Marlborough Region

Key Documents

 Te Ātiawa o Te Waka-a-Māui – Iwi Environmental Management Plan 2014  Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014

Te Mana o Te Wai

Tënā koe

Ngā mihi nui ki a koe i runga i ngā āhuatanga o te wā. Te Ātiawa iwi members are the tangata whenua, who hold manawhenua and manamoana over the lands and waters of Tōtaranui (Queen Charlotte Sound), Kura Te Au (Tory Channel) and environs. As such, Te Ātiawa iwi members are kaitiaki (guardians) within this rohe and carry a responsibility for ensuring that the mauri or essential life principle of the natural world is maintained.

Central to this responsibility is the management of water: Wai (water) is of great significance to Te Ātiawa – it is an essential element of life. As kaitiaki, Te Ātiawa Iwi believes that the maintenance of the mauri, or life-supporting capacity, of water is vital to the physical and spiritual health and well-being of all living things. Water is a taonga. Water has been, and remains, an integral political, economic, cultural and spiritual taonga for Te Ātiawa. Te Ātiawa believes that the maintenance of the mauri, or life-supporting capacity of water is fundamental to ensuring the physical and spiritual survival of all living things. A water body with an intact mauri is able to sustain healthy ecosystems. Therefore, the well-being of our people depends on the well-being of river, stream and wetland ecosystem. The rohe of Te Ātiawa Ki Te Tau Ihu is dominated by the sea and surrounding hills, with little flat land occurring; there are no nationally significant rivers or lakes located within it. Additionally, there is very limited groundwater available in the rohe, with the exception of minor resources in the Linkwater flats and other similar areas. However, aside from this, the Marlborough Sounds‟ streams are numerous and often highly vulnerable. Their health is also inextricably linked to the health of the terrestrial and coastal marine ecology of the rohe. Water wetlands also play a vital role in maintaining the mauri of fresh water through filtration

50 Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai

processes and unique habitat characteristics. The valuable contribution these wetlands make has been historically undervalued.

Indicative water management concerns

Te Ātiawa is very concerned about the discharge of contaminants into water, including fertilisers, agrichemical and herbicide spray on stream margins, agricultural run-off, direct stock access to waterways (Linkwater), septic tank overflows (Sounds‟ housing generally) and stormwater discharges into catchment drainage (particularly the Picton and Waikawa basins). All of these discharges potentially impact on the health of the fresh water ecosystem(s) subsequently affecting mahinga kai, including watercress and tuna and other facets of the environment. Te Ātiawa is also concerned about the advent of mining in the rohe and the potential implications of that activity on Te Wai Māori. The drainage of water wetlands has resulted in the loss of significant ecosystems important as spawning areas for native fish, sediment traps and areas rich in food and nutrients for bird and plant life. Many wetlands in Te Tau Ihu have already been lost through drainage and reclamation. Of great concern to Te Ātiawa is the current low priority given to the retention and restoration of wetlands generally. Wetlands have traditionally been places for gathering mahinga kai and a range of other cultural materials, important to the customs and economy of tangata whenua. Therefore the loss of these significant resources has had a huge impact on the spiritual and cultural values of tangata whenua.

General Comments

1. Quality water is essential to all life. 2. Commodification of water lowers this necessary recognition. 3. But, water is an important eco-service for industry and commerce. 4. Commerce and industry must account, completely, for the full range of effects resulting from their activities, so that they understand, and take full responsibility for all of their actions – the impacts of sourcing resources, manufacture, distribution use and disposal. Balance sheets must include the full spectrum of “externalities”, which in this case will require full-spectrum explicit accounting for water use (quantity) and water state (quality) as a consequence of use. 5. Economic growth, as a central driver of water consumption, is not a rational concept to associate with water management. The intellectual rationality around the future of industry and commerce involves development – „sustainable development‟. (Growth may occur as a sub-set of development in the context of overall sustainability.) This is beyond semantics, as realistically, open ended growth does not logically fit with our reality of managing finite resources. 6. Fresh water management must be underpinned by wisdom based upon cultural and scientific knowledge, which is essential to give rise to, inter alia: Sustainable development. 7. The primary constraint in fresh water management must be relative-precaution, where insufficient information is available. 8. The sustainable management of water resources does need to address, with absolute attention, the following hierarchy of priorities: 51 Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai

Primary consideration o No further allocation until iwi matters around Wai Maori have been addressed. (The compulsion to allocate water needs first to be carefully examined.) o Allocate to sustain / enhance ecosystems o Allocate for drinking water purposes - private / municipal Secondary consideration o Allocate for recreation purposes o Allocate to the landscape for visual / visitor purposes o Allocate to public municipal space for passive purposes o Allocate for rural, industrial, or other commercial use 9. A safe and responsible water management regime is entirely encompassed by the principles outlined above.

Clearer Articulation of Te Ātiawa values for water 1. Water is taonga 2. The degradation of water, particularly as a consequence of waste generated by human activity, is particularly abhorrent to Māori. 3. The idea that water quality in a Water Management Area be reduced to enable economic growth, as proposed, is completely unacceptable to Māori, to Te Ātiawa, as kaitiaki. 4. Te Ātiawa, as kaitiaki, carry an abiding and deep responsibility to their ancestors for fresh water quality throughout their rohe, for sustaining the mauri of the water. 5. In practical terms, and using the terminology of the NPSFM, the spectrum of acceptable water quality could run from an ideal of drinking water standard to a limit of quality acceptable for contact recreation. Beyond that, the mauri is lost and with it the mana of Māori, of iwi, of hapū and of whānau. 6. The second fundament cultural concern for Te Ātiawa involves the continuing ability of Te Ātiawa people to engage safely in traditional and cultural practices, and to realise contemporary aspirations associated with the water resources of the rohe. 7. Threats to sustaining the mauri of fresh water include: o Discharges into waterways urban and rural o Community and domestic water-takes, from small streams, with threats to ecology o Damming and diversion of watercourses o Draining of water wetlands o Noxious aquatic plants o Loss of habitat for tuna, etc o Use of herbicides for weed control o Dairy run-off o Introduction of exotic species and organisms o Earthworks

Kāi Tahu ki Ōtākou – Te Mana o te Wai - Otago Region 52 Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai

Key Documents

 Kāi Tahu ki Otago Natural Resource Management 1995  Te Rūnanga o Ngāi Tahu Water Policy 1996  Ngāi Tahu Claims Settlement Act 1998  Kai Tahu ki Otago Natural Resource Management Plan 2005  Otago Rūnaka Water Forum Proceedings 2011  Ngā Matapono ki te Wai  Cultural Health Index

Te Mana o Te Wai Water descends from our creation beliefs. The first mention of water is Te Mākū (moisture). Life came into being when Te Mākū mated with Mahoranuiātea, another form of water, and of this Rakinui was born. Rakinui had two wives, Poharuatepō and Papatūānuku. From the unions of Rakinui came the flora and fauna, the mountains and people. Kāi Tahu descends from Raki and his wives.

Kāi Tahu is therefore bound to the waters of Te Wai Pounamu through whakapapa.

Kāi Tahu classified water in a number of ways. Some of these categories include:

. Wai-Māori – pure water, water rich in mauri, used for cleansing and for ceremonial purposes.

. Wai-tai – sea water.

. waimanawa-whenua – water from under the land,aquifer /springs.

. waikarakia – water for ritual purposes.

. waitapu – sacred water, waters used for ceremonial purposes.

The point of difference for Kāi Tahu is the spiritual relationship with the environment. Kāi Tahu are connected through spiritual beliefs with the atua and the environment created by those atua. The mana and hauora of Kāi Tahu is inextricably interwoven with the mana and hauora of waterways.

Waterways embody the mana of Kāi Tahu, regardless of the extent to which they have been manipulated.

The lakes are the source of the South Island‟s water and the traditions link the earliest ancestors discovering and naming these great sources of pure water.

53 Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai

Further to these discovery associations are many tales of personification of the waterways with legendary and ancestral beings. For example the Clutha River is known as the Mata-au which is also the name of the taniwha who resided in Lake Wakatipu; and Waitaki, which means “waters crying”, was considered by many to be a reference to the tears of Aoraki.

Other waterways have direct association with ancestors who have resided within or adjacent to them and it is important to note that every spring that was known to Kāi Tahu was named and recorded in the oral map of the South Island.

Water itself, but perhaps more accurately, the associated waterways had a myriad of uses for Māori that are a reflection of water use across human society. Water was used for drinking, food gathering, bathing, as a travel artery, recreation and ritual cultural practices.

When it came to use of a waterway, wetland, lake or lagoon then it is important to note that, in most instances, parts of a water body were dedicated to a particular use either in time or space.

In one water system, which was viewed as a single entity, there would be areas set aside for food gathering during the appropriate season, another area would be dedicated for religious rituals whilst yet another area may be for daily bathing. Such dedications could be repeated along the course of a single long river.

Practical means of affirming mana and rangatiratanga:

. Ki Uta Ki Tai (holistic approach);

. RMA: Develop ‟Whole of River Protocol‟ with the Regional Council and the Local Authorities on the River;

. Clear objectives supported by planning documents to reinstate cultural icons (mahika kai, trails, place names, water quality and quantity, mana, protocols and ceremony);

. Kaitiaki role;

. Presence in the catchment;

. Reaffirming cultural connection and expertise.

Kāi Tahu ki Murihiku – Te Mana o te Wai - Southland Region

Key Documents

54 Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai

 Te Rūnanga o Ngāi Tahu Water Policy 1996  Ngāi Tahu Claims Settlement Act 1998  Te Tangi a Tauira – the Cry of the People Ngāi Tahu ki Murihiku Natural Resource and Environmental Iwi Management Plan 2008

 Our Uses – Cultural Uses in Murihiku 2011  Ngā Matapono ki te Wai  Cultural Health Index

Te Mana o Te Wai

Ngāi Tahu ki Murihiku recently expressed their aspirations and expectations for water management in a position paper for the Environment Southland Water and Land 2020 & Beyond project. The resulting four key statements are derived from the key documents identified above and are focused on the key objectives of the project. The following text is replicated, with references, in a report for the Ngā Kete o Te Wānanga: Mātauranga, Science and Water Management project2, produced by Kitson Consulting Limited in conjunction with Te Ao Mārama Incorporated and the Murihiku Runanga Advisory Group.

1. The waterways are to meet their respective cultural expectations/values through maintenance or restoration. No water body within Murihiku can have further degraded water quality.

 Ensure the protection, restoration and enhancement of the productivity and life supporting capacity of mahinga kai, indigenous biodiversity, air, water, land, natural habitats and ecosystem, and all other natural resources valued by Ngāi Tahu ki Murihiku.  Strive for the highest possible standard of water quality that is characteristic of a particular place/waterway, recognising principles of achievability. This means that we strive for drinking water quality in water we once drank from, contact recreation in water we once used for bathing or swimming, water quality capable of sustaining healthy mahinga kai in waters we use for providing kai.  Ensuring the health and wellbeing of water is a prerequisite for ensuring the continued health and wellbeing of mahinga kai resources and ultimately the people.

2. In exercising kaitiakitanga, we work actively to ensure that spiritual, cultural and mahinga kai values of the takiwā are upheld and sustained for future generations.

 Water is central to all Māori life. It is a taonga left by ancestors to provide and sustain life. It is for the present generation, as tangata tiaki, to ensure that the taonga is available for future generations in as good as, if not better quality.

2 A five year project funded by the Ministry for Business, Innovation and Employment 55 Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai

 There is a mutual understanding of iwi and local authority values and responsibilities with respect to the environment, effective management of resource by councils, and effective performance of kaitiaki by Ngāi Tahu ki Murihiku.

3. Ensuring skills, activities and knowledge relating to water and mahinga kai are fostered and passed on to future generations.

 Mō tātou, a mō ka uri a muri ake nei – for us and our children after us.

 Ensure the protection, restoration and enhancement of the productivity and life supporting capacity of mahinga kai, indigenous biodiversity, air, water, land, natural habitats and ecosystem, and all other natural resources values by Ngāi Tahu ki Murihiku.  Ngāi Tahu ki Murihiku do not believe we should be granting consents for activities where we do not know what the effects may be over the long term. Anything over 25 years is essentially making decisions for the next generation.  Water management needs to recognise and accommodate places, specific uses at sites, and that the cultural values and uses they sustain cannot be relocated to other locations in the catchment.

4. Imbed cultural values throughout water management from defining the issues to value setting and monitoring. Narrative, visual and cultural indicators are key management tools.

 Water is a holistic resource. The complexity and interdependency of different parts of the hydrological system should be considered when developing policy and managing the water resource.  Resource management agencies do not always appreciate the depth and value of traditional environmental knowledge held by members of the Ngāi Tahu whānui. In many resource management forums, scientific and technical expertise is seen to be superior to traditional knowledge and tikanga.  By developing an informative and highly visual resource for Ngāi Tahu whānui and the wider community, we have made it possible to explore a historical landscape in an open and non-confrontational context for information sharing, thus utilising publicly available data and private sources of knowledge (such as whānau, hapū and iwi archives). This resource can hopefully serve as „common ground‟ for catchment- level thinking and management.  Specificity is needed in value setting. For example: “Flows needed to protect mahinga kai” Indicators:  Oxygen – higher flows oxygenate deeper water. Colder waters hold oxygen.  Food  Habitat  Temperature – species have optimal temperature ranges for survival  Cover – debris in stream; vegetation in and beside stream; pools and overhang banks; etc  Life cycle stages – triggered by freshes  Gathering – methods, fishing experience and catch rates change  Transportation / accessibility  Turbidity – amount is dependent on velocity and turbulence  Sediment in stream 56 Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai

 Incorporation of indicators used by tangata whenua to assess the health of a waterbody, eg.

Shape of the river Natural river mouth environment Sediment in the water Water quality Water quality in the catchment Abundance and diversity of species Flow characteristics Natural and extent of riparian vegetation Flow variations Use of river margin Flood flows Temperature Sound of flow Catchment land use Movement of water Riverbank condition Fish are safe to eat Water is safe to drink Uses of the river Clarity of the water Safe to gather plants Is the name of the river an indicator? Indigenous vs. exotic species Natural river mouth environment

Additional aspirations have also been expressed in different forums, these include:

 Development of the capacity to contribute to decision making processes  Ngāi Tahu development rights pertaining to water resources (Ngāi Tahu have in- stream and out-of-stream aspirations for water)  Social aspirations – swimming and recreation, domestic supply for home and marae, stock water, fishing.  Being able to drink the water.  Protection and restoration of culturally significant sites even if they are degraded eg Mataura Fall/Te Au nui, highly industrialised site, but retains high cultural significance and became the first Water Mataitai in the country with restoration occurring by Hokonui rūnanga.  Retaining connection and in some cases establishing reconnection to areas (including activating nohoanga).  Use of cultural/traditional tools for monitoring and management of water ways eg. Rahui, tapu, mataitai.  Shared decision-making options on water management, and a better understanding by Regional Councils on what this means, compared with consultation.

57 Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai

APPENDIX THREE: GAP ANALYSIS

Narrative Response – Marlborough Region

Te Atiawa understands that Phase Three of the Te Waipounamu case study project is about identifying priority instruments for iwi in recognising Te Mana o Te Wai. Phase Three is also an opportunity to highlight any gaps in relevant instruments where existing instruments have actual or potential implications for Te Mana o Te Wai but do not effectively recognise or provide for these values.

Te Atiawa has chosen to highlight the draft Marlborough Regional Policy Statement (MRPS) and specifically the draft Iwi Chapter (Chapter 3) and draft Water Chapter (Chapter 15). These two draft chapters are both current, and completed, replacement instruments that all Marlborough iwi have been working on together over the last 8 years. All other existing and dated documents / instruments are being replaced by the MRPS and Te Atiawa has chosen not to go beyond this modern information and hard-won accomplishment for Marlborough iwi. Throughout the two draft chapters of the MRPS that have been identified, are reflections of Te Mana o Te Wai values and interests. Gaps in fulfilling effective recognition on all iwi issues will inevitably exist in a region that has been settled and shaped by the workings of a European dominated culture. As a consequence of years of regular engagement by iwi, through the Marlborough District Council‟s Iwi Working Group (IWG) the two draft chapters are considered to be sufficiently acceptable to all Marlborough iwi. Obviously they will soon face a stern test of public process when the MRPS is publically notified. However, the Marlborough District Council does have a tangible commitment to iwi views in this context, because of the shared journey and the substantial korero between the parties. The Marlborough District Council is currently working with the Marlborough community, including iwi, individual iwi and the recently convened Te Tau Ihu Rivers and Water Advisory Komiti, about the future allocation of water in Marlborough. This is the current focus and where the iwi effort is going, and the existing provisions are essentially history, in critical statutory process terms, for the purposes of this exercise.

58 Te Rūnanga o Ngāi Tahu APPENDIX THREE: Gap Analysis

Narrative Response – Otago Region

Where have the greatest gains in water management been made to date for your iwi in your rohe?

Some of the greatest gains in water management have come through the greater recognition given to Māori rights, interests and values in a “top-down” approach from Central Government direction in the Resource Management Act 1991, National Policy Statement on Water Management, and inclusive processes like the Land and Water Forum to Local Government.

Rights, interests and values incorporated in references to the Treaty of Waitangi, Kaitiakitaka, Mauri, Whakapapa and Manawhenua have been important. The Treaty implies a partnership exercised in the utmost good faith. Kāi Tahu ki Otago embraces the ethic of partnership and recognises the need to work with the wider community to ensure a positive future for all people. Kāi Tahu ki Otago represents the Crown‟s Treaty partner in the Otago Region and as such has a special status. The concept of partnership is fundamental to the compact or accord embodied in the Treaty of Waitangi; inherent in it is the notion of reciprocity. The test for Local Government Agencies and other branches of local and central government is how to develop an effective partnership with Käi Tahu ki Otago. For some, joint management strategies, co-operative management regimes, or the transfer of powers and functions will have to be implemented in order to give effect to true partnership. In recent years, Parliament has chosen to refer in legislation, to the principles of the Treaty, rather than its explicit terms. For the purposes of the legal system, these principles are drawn from decisions of the Waitangi Tribunal, the New Zealand Court of Appeal and the lower courts. In the resource management context, the Planning Tribunal has sounded some cautionary notes as to the applicability of all Treaty principles to matters under the Resource Management Act. However, it is the view of Käi Tahu ki Otago that the Treaty is not to be read down in any circumstances, and that all of the principles of the Treaty have relevance to resource use and management decisions within the Otago region Kaitiakitaka, which is derived from the word “kaitiaki”, includes guardianship, care and wise management. The term has received recognition in Section 7(a) of the Resource Management Act 1991 and is defined in the Act 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”. Mauri is imbued in all things and is a special power derived from the Supreme Being. At birth the two parts of body and wairua are joined together as one by the 59 Te Rūnanga o Ngāi Tahu APPENDIX THREE: Gap Analysis

mauri. On death the mauri is no longer able to bind these elements together and the physical and spiritual parts are separated. The forest, waters, the life supported by them, together with natural phenomena such as the mist, wind and rocks, possess a mauri or life force. The primary management principle for Māori is the protection of mauri or life-giving essence of an ecosystem from desecration. Whakapapa is central to our identity and describes a familial relationship in which manawhenua are enveloped through custom and tradition with their lands, waters or sea. It is a bond that is reciprocal, manifest in our language through waiata, pūrākau, whakataukī and place names. Management, use and protection of the many natural resources are framed in the belief of inter-connectedness, and the cultural values that underpin that world view. We are of the Uruao, Arai-te-uru, Tākitimu waka, of the Kāti Rapuwai, Waitaha, Kāti Māmoe and Kāi Tahu people. Our traditions reach back to the very beginning of time, to the creation of land and sea, to the emergence of humankind. In this sense, we are a people who define their right to Manawhenua status and represent the mana of the land. Through having a culture, language, traditions, resource use and management, place names and whakapapa to the land well before other arrivals to this land, we are Manawhenua. This hallowed status is determined by whakapapa and the traditions that place whānau and hapū in a place and at a time in history as the true customary right holders. Continuous occupation and regularly exercising customary use rights to resources in a given territory are also an important means of keeping the “fires burning” to uphold ahi kā status. The ability to access and use the range of resources, as did our tīpuna, is a long-held aspiration. The resources are a taoka, custom associated with the gathering, and use gives body to our culture.

However, a word of caution needs to be signalled in that Māori words such as kaitiakitaka, mauri, wairua and tikaka are expressive of customary concepts that are best understood in the context of the language and the culture they derive from. To reinterpret these meanings into the English language by its very nature loses significant context and meaning. To absorb such words into legal frameworks and create definitions to suit the legislative norm is reductive and creates a simplistic explanation. The Kāi Tahu understanding of kaitiakitaka is much broader then that defined in the RMA 1991. The “top-down” approach from central government has assisted a conversation to occur with Local Government in Otago. However, many years and many exhaustive hours have been undertaken by Kāi Tahu to gain traction in getting greater recognition of this legislative intent.

Current processes that have contributed to greater input into decision making include the following:

60 Te Rūnanga o Ngāi Tahu APPENDIX THREE: Gap Analysis

Mana-to-Mana – A grouping of the Chairs and Executive representatives of Ngā Rūnanga and the Chair, CEO and representatives of Councillors of the Otago Regional Council meet four times a year to discuss broad issues of interest, joint projects and to “keep the relationship warm”.

Te Rōpu Taiao Otago – A governance charter signifying the creation of Te Rōpu Taiao Otago was signed in Dunedin in 2013. The group‟s initial membership consisted of the Otago Regional Council, Dunedin City Council, Clutha District Council, Central Otago District Council, and the Hokonui, Ōtākou, Puketeraki, and Moeraki Rūnanga. The Waitaki District Council looks set to sign the charter at the next meeting with the QLDC still to come on Board.

Te Rōpu Taiao backs-to-backs its meetings with the Otago Mayoral Forum and therefore meets four times a year to discuss matters of joint interest. The development of this Group was an important step in establishing the working relationship between local government and iwi in Otago. Te Rōpu Taiao will act as a forum between Ngāi Tahu and local authorities in Otago to facilitate better mutual understanding, improve iwi engagement and resourcing for council-oriented business, and foster and grow iwi capacity in local government. The group‟s objectives include developing a combined work programme to ensure iwi participation in resource management, which will also help local authorities to fulfil their statutory obligations to iwi. For Kāi Tahu the formation of the group was a significant event in terms of improving collaboration between iwi and local government in Otago. The development of this group has been built on many previous roles, forums, and attempts at forming relationships with Councils.

Kai Tahu ki Otago Limited reports to the forum on the development of a joint work programme, the progress on the programme and forecasts for the next year.

The current work programme includes the following projects:

 Biodiversity Strategy  Groundwater management -Plan Change 4B  Cromwell Aquifer  Dunstan Flats Aquifer  Hawea Basin Aquifer  Maniototo Basin  Papakaio Aquifer  Minimum Flows  Arrow River

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 Cardrona River (with Lindis)  Ettrick/Benger Burn (with Low Burn)  Lindis River/aquifer (with Cardrona)

The success of the work programme is the forecasting 1-3 years out of projects. This allows for Kāi Tahu to ascertain the internal resourcing and skills required.

The work programme is attached to resource based on the projects. An example of a very successful project in relation to Te Mana o Te Wai has been the review of the Otago Regional Council Regional Policy Statement.

Kāi Tahu have been involved in this project from the beginning. Over 18 months we have achieved significant recognition in the draft, including the addition of a Kāi Tahu pillar (see the attached summary of elements within the draft RPS).

What are the areas of water management that are disappointing in terms of the aspirations of your iwi for Te Mana o te Wai in your rohe?

 Lack of Co-Management opportunities.  Lack of acceptance locally of iwi developed tools such as the Cultural Health Index and Cultural Flow Monitoring. Whiles these tools have been accepted in other regions the uptake in Otago has been non-existent.  Lack of integrated planning between Water and Land. An example would be the issuing of consents for subdivision by territorial authorities and the pressure being put on Kāi Tahu to approve of water quality and water quality consents. What would be needed to fully reflect the rights, interests and values of your iwi in water in your rohe?

 Co-Management – Provide greater opportunity for Co-Management and provide associated resourcing.  Decision making powers, provided for under in the RMA but no examples locally.  Integrated management – ki uta ki tai, mountains to the Sea  Greater recognition of Iwi Management Plans  Conflicting messages – the Government has all but ruled out Māori water ownership saying “no one owns water”, but essentially this is already happening through the granting of consents.  Consent terms of 30 years must be reduced to reflect the change in climate that‟s occurring.

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Narrative Response – Southland Region

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APPENDIX FOUR: RESOURCE NEEDS

Te Atiawa o Te Waka-a-Maui Trust - Resource Needs – Marlborough Region

Assessing and reporting on upcoming opportunities to influence freshwater management from an iwi perspective that the Marlborough District Council (MDC) is intending to undertake has been challenging and difficult to complete. This is due to the lack of any response from MDC when asked to provide a draft schedule of dates and tasks on what freshwater planning and management functions are coming up in the near future which will require iwi input.

Notwithstanding the above, what is provided as follows are envisaged works based on current knowledge on MDC planning and policy processes and items that relate to freshwater management which have been raised in recent hui with MDC staff members.

 The draft Marlborough Resource Management Plan (MRMP) is to be publically notified later this year (2015). The draft MRMP is to incorporate regional coastal rules, regional rules and district rules. At the time when the MRMP is notified, Marlborough iwi will have the opportunity to submit on any proposed rule, including those that directly or indirectly relate to freshwater.

 MDC is currently working with the Marlborough iwi and the recently convened Te Tau Ihu Rivers and Freshwater Advisory Komiti, to discuss the future allocation and use of water in Marlborough.

 MDC may reconvene the Iwi Working Group and may also invite Marlborough Iwi to participate in the already formed Water Allocation Working Group, however this is yet to be confirmed.

 Forward-rolling monitoring and compliance regimes are matters that are on-going and from time to time require input from iwi. This is a totally unpredictable situation. However this could quite possibly increase as more public / inter-iwi exposure is required in the post-Settlement world.  Resource consent applications (RCA) and proposed plan changes (PC) are where a large majority of dedicated time is spent. The management of these proposals is about making sure that projects or activities do no impact negatively on the natural world. Dominant issues raised by the iwi of Marlborough are often about:

- The Maori holistic system of values - Te Taha o Te Ao (environment)

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- Te Taha Hinengaro (way of life) - Te Taha Wairua (spiritual and customary values)

- Te Taha Tinana (healthy body) - The need for the Council to recognise tino rangatiratanga and power-sharing - The need to allow sufficient time for input and consultation

- Lack of iwi management resources - Lack of iwi commercial development - Water quality

- Pollution and waste management - Waahi tapu - Claims to the Waitangi Tribunal

- Introduced species Most RCA applications can be managed by conditions of consent, to cover iwi concerns. This is generally negotiated with the MDC Case Officer delegated to process each application. Some applications require detailed discussion, the provision of more information and further analysis and maybe a site visit, before they are satisfactorily understood.

There are times when either:

 Scientific peer-review is deemed necessary for Council and/or an application for an RCA; or  It is identified that the iwi needs particular expert scientific advice that could lead to formal representation on a particular issue. This could lead to legal advice and could also extend to pooling the broad resources of Marlborough‟s Iwi for mutual support referential purposes where particular skills and/or knowledge is available to support the overall RCA challenge. If there are unresolved concerns, a submission in opposition is lodged, which, if required is supported by the iwi at the related hearing.

 Ideally, there should be a pan-iwi representative on the MDC hearings and environmental committees, as well as a pool of Iwi Commissioners (from a number of Marlborough iwi, to prevent conflict of interest) available to cover the tikanga issues at hearings.  Whilst operative Iwi Management Plans (IMP‟s) are not an aspect being directed by the MDC, operative IMP‟s provide significant value in the resource consenting process and they also provide a vision of how the management and protection of natural and physical resource, including freshwater, can be achieved based on

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cultural and spiritual values of tāngata whenua. It is noted that not all of Marlborough‟s Iwi have operative IMP‟s.

 Site specific kaitiaki plans and cultural impact assessments may be required for MDC projects or RCA‟s that require iwi put and resources. This work is on an as-needed- when-needed basis. Generally proposals that: involve the discharge, use, diversion or disturbance of a natural resource, including freshwater; or involve the removal of native vegetation close to waterways; or are close to places of cultural significance or value will require a CIA to accompany a resource consent application.

Over the last approximately three years, Te Atiawa has had two part time Resource Management Officers (RMO), one currently employed by the Trust and the other a consultant. These two personal equate to approximately 1.0 FTE but at times the two RMOs operate on more than 1.0 FTE.

Other mandated work and current resourcing limits the amount of time Te Atiawa spends on freshwater.

Post-Settlement responses to freshwater management issues and projects is expected to put additional pressure on Te Atiawa‟s RMOs.

Papatipu Rūnaka & Kai Tahu Ki Otago Ltd - Resource Needs – Otago Region

KTKO Ltd acts on behalf of Papatipu Runanga in a numerous environmental forums. As such the risk we face is trying to be “all things to all people”. We are expected to be experts or at least have a greater understanding then most in water science, hydrology, planning, policy development, Maori and community development, climate change, oil and gas exploration, local and central government process. I do not believe that there would be another profession where such a wide range of skills is required.

The practicalities of this impact on our resources in a number of different ways. First, we spend a significant amount on training and professional development. Most training programs and conferences are held outside of Otago. The registration, travel and accommodation are sometimes outside our means. Therefore we need to select only the most critical of opportunities. Also impacted is the sometimes higher fees and time to maintain professional registrations. Second, at KTKO Ltd we retain staff with a high level of

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skills and qualifications the correlation is that skills and qualifications command a higher price in the market place. We struggle to compete with consultancy firms and Councils offering higher remuneration packages.

KTKO Ltd receives funding from a number of different sources; most work is funded through a work programme we have established with the Councils in Otago. While this has provided a level of financial security there is a lot of work that happens “behind the scenes” that is a cost KTKO Ltd carries. Sources of funding include:

 Te Roopu Taiao Work Programme (across all Otago Councils, except for Queenstown Lakes District Council)  Public Health Contract

 Cultural Impact Assessments  Cost Recovery on Resource consent Applications  Te Runanga o Ngai Tahu Environmental Entity Fund

 For some projects applications to funding bodies like Lotteries etc.

If you were to ask me what our needs are it would be in the professional development and training opportunities for KTKO ltd staff members and the up skilling of runaka members.

Papatipu Rūnaka & Te Ao Marama Inc - Resource Needs – Southland Region

As discussed in Phase 3, Te Ao Mārama Incorporated (“TAMI”) works on behalf of Ngāi Tahu ki Murihiku with councils in Murihiku on matters relating to the Resource Management and Local Government acts. TAMI is part funded by annual set contributions from regional and local councils that totalled $227,000 in 2014/15. The target funding helps councils meet their legislative requirements and facilitate tangata whenua input into plans, policies, etc.

Of the total $227,000, Environment Southland contributes $38,381 per annum and Otago Regional Council contributes $44,852. Environment Southland also provides 50% ($42,400) of the costs for the Kai Tohutohu/Iwi Policy Officer role with Te Rūnanga o Ngāi Tahu environmental entities funding covering the other 50%. Approximately 70% of TAMI staff and governance capacity is already allocated to water management, with the regional council still to start value, objective and limit setting phases. TAMI‟s response includes policy development and review, issue based project teams (ie. Waituna Lagoon), and resource consents. Other mandated work and current resourcing limits the amount of time TAMI spend on water.

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Capacity reviews over the last year have shown that TAMI has 3.8 FTE but in reality is operating on 5.1 FTE with the inclusion of consultants and TRoNT. To satisfactorily deliver the work presently coming to TAMI, an additional 3 FTE is required. The 3 FTE is made up from the perceived gap in existing capacity (1.7 FTE) and the work being undertaken by consultants and TRoNT (1.3 FTE).

Role Curr Breakdo Breakdo FT Total ent wn wn E FTE FTE Admin RMA/LG Ga Requi A p# red /Enviro Health

TAMI 3.8 1.5 2.3 1. 5.5 Staff 7

Consulta 0.7 0.1 0.6 n/ 0.7 nts a

TRoNT 0.6 0.1 0.5 n/ 0.6 Support a

5.1 1.7 3.4 1. 6.8 7 # Additional FTE required to adequately deliver the role as it currently stands

Projected Resourcing Requirements

As noted above, TAMI currently has a gap in exiting capacity of 3 FTE, and the response to the National Policy Statement - Water Management is expected to put additional pressure on TAMI. Early estimates, based on the experiences of whānau from Canterbury, indicate that the four Papatipu Runanga will require a combined total of 6-8 FTE to support their involvement in regional limit setting. This estimate is in addition to the support TAMI can provide and any joint staff working with Environment Southland ie. FMU facilitators, technical experts. It is difficult to estimate how much it would cost for these staff as Māori staff tend to be undervalued or have an expectation that they will earn below market value. To be truly involved in water management with regional councils, rūnanga and TAMI need training in the Resource Management Act and capacity to develop/increase mātauranga Māori across whānau. Training is problematic as basic courses, like „Water Quantity and Quality Planning under the RMA‟ run by the New Zealand Planning Institute cost $630 per person. For eight people from TAMI and Papatipu Rūnanga to attend that course in Christchurch (the closest to Murihiku) will cost approximately $9,500, with a possible loss in

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wages for those undertaking this training outside their current employment. This level of funding for training cannot be sustained in projected budgets.

Investments in iwi led environmental research would help support the work of TAMI. In turn, this up-to-date information will filter into the work being led by regional councils. The research needs to focus on the strategic, long term, and everyday environmental needs of Ngāi Tahu ki Murihiku rather than specific, short-term deliverables. Instruments also need to recognise the extensive range of services iwi environmental entities now provide, partly at the request of Papatipu Rūnaka, but mostly due to changing expectations and legislation/regulations coming from external sources. For example, the table below shows how TAMI‟s role has grown since 1997 and the opportunities it has to grow into the future. Of those opportunities, it is most likely those that closely align with council needs that will be developed further, rather those the opportunities that mana whenua may prefer to pursue.

Te Ao Marama Inc Functions and Workload 1997 2008 2014 Additional work for 2015 onwards  provide liaison  co-ordinates iwi input  evaluation of  developing rūnanga between Iwi and the and liaison with respect to environmental guidelines, policies and position Council, including liaison processes established under policies and plans at local, statements between Councils and/or the Resource Management Act regional and national levels  stimulating discussion staff and between and associated legislation; individual Rūnanga.  Developing Long Term and capturing knowledge and  develops and Plans and related Annual Plans perspectives from rūnanga implements short and long term with councils around environmental policies and guidelines for the  aligning policy management, specifically co-ordination of consultation; development and freshwater  receives and distributes implementation with the  working on policy and information to rūnanga, council outcomes desired by rūnanga, plan development beyond the and organisations; as stated in Te Tangi a Tauira RMA  provides a one-stop  developing internal  developing an in- shop for Resource Consent TAMI processes, policies and depth knowledge of the RMA applicants requiring assistance reference material and related case law with consent applications;  Resource Consents  seeking input of  promotes  Southland Coastal relevant expertise where understanding of the role of iwi, Heritage Inventory Project appropriate by visiting and communicating  Water management and  contributing to with relevant organisations and technical workshops with groups as required; site/issue specific management projects such as Oreti Beach council staff and rūnanga  organises hui on behalf and Waituna  administrative and of iwi/councils;  Ngā Kete o te Wānanga reporting functions between  promotes a positive Councils and Te Ao Marama image of the iwi;  Pōwhiri/mihi whakatau on behalf of councils  delivering on the  promotes and outcomes from the Ministry of participates in  Relationship agreement Health environmental contract between TAMI and KTKO hui/meetings/seminars which  freshwater may be of benefit to iwi and/or  Public enquiries management councils/agencies and reports back accordingly.  furthering relationships between all the councils, rūnanga and TAMI  staff training  high level strategic documents and prioritisation  communications (external and internal)  digital presence

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 project coordination and information sharing  Monitoring and compliance  Environmental Inventories  Local Government functions, including decision making and engagement  Responding and capitalizing on proposed changes to the Resource Management Act  Relationships with industries and interest groups  Review and implementation of TAMI office systems and polices

TAMI work programme – past, present and future

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APPENDIX FIVE: MARLBOROUGH RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

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Marlborough RPS

APPENDIX SIX: OTAGO RPS ANALYSIS

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