Cultural Impact Report Wellington International Airport Runway Extension

Home , Tainui, Te Rauparaha

October 2015

Whakatauki

Toitū te Marae o Tāne, Toitū te Marae o Tangaroa, Toitū te Iwi.

If the domain of T āne survives to give sustenance,

And the domain of Tangaroa likewise remains,

So too will the people.

Table of Contents

Introduction ...... 4 Background ...... 4 Scope ...... 4 Te Rūnanga o Toa Rangatira Inc ...... 5 Ngāti Toa Origins ...... 5 Heke South ...... 6 Te Rohe o Ngāti Toa Rangatira ...... 7 Ngāti Toa customary rights ...... 9 Take Raupatu ...... 9 Ahi kaa ...... 9 Te Tiriti o Waitangi (Treaty of Waitangi) ...... 9 Ngati Toa Rangatira Settlement Act (2014)...... 11 The Proposal ...... 12 Identification and Assessment of Potential Effects ...... 12 Kaitiakitanga ...... 13 Te Wai ...... 14 Mauri ...... 15 Traditional Relationships ...... 16 Sites of Cultural Significance ...... 16 Customary and Commercial Fishing ...... 18 Customary Fisheries ...... 19 Mitigation ...... 21 Recommendations for Avoiding, Remedying & Mitigating Cultural Effects ...... 23 Marine Ecology and effects on ‘mauri’ ...... 23 Sites of Cultural Significance ...... 23 Recognition of Ngati Toa’s Kaitiaki role ...... 23 Customary/Commercial Fishing ...... 24 Conclusions ...... 26 References ...... 27 Contact Details ...... 28

Appendix 1: Statutory and Regulatory Assessment...... 29 Ngāti Toa Rangatira Settlement Act 2014 ...... 29 Resource Management Act 1991 ...... 29 RMA – Part II Evaluation ...... 29 New Zealand Coastal Policy Statement 2010 ...... 31 Objective 3 ...... 31 Regional Policy Statement ...... 33 The Charter of Understanding between Te Tangata Whenua o Te Upoko o Te Ika a Maui and Wellington Regional Council 2013 ...... 34 Appendix 2: Poutiaki Instrument ...... 35 Crown acknowledgment ...... 35 Poutiaki plan ...... 35 The Cook Strait forum ...... 36 Appendix 3: Coastal Statutory Acknowledgement ...... 39

Introduction

Background

1. Wellington International Airport Limited (WIAL) is proposing to extend the Wellington airport runway to 2300m to further enable long-haul flights and the ensuing economic benefits for the Wellington Region. After evaluating options for extending north and south, WIAL is proceeding with a 350m extension of the runway south into Lyall Bay.

2. An assessment of environmental effects (AEE) is required to support applications for coastal permits and consents and Notices of Requirement (NOR) for the Airport runway upgrade in the coastal marine area. This report has been prepared for WIAL by Te Rūnanga o Toa Rangatira Inc (Te Rūnanga) as an assessment of cultural effects arising from the project. As part of this assessment, the report also contains references to the early maori history and cultural landscape of the surrounding area, including Miramar Peninsula and Te Moana o Raukawa (Cook Strait).

3. This report is written from a Ngati Toa perspective but it does not claim to represent an exclusive manawhenua position in Wellington. This report does not attempt to provide a complete historical account of iwi affiliations with the project area, but it does acknowledge the mana of other iwi, both past and present, and the importance of their unique connections which may differ from those of Ngati Toa. Te Rūnanga does not seek to contest any such associations or histories, but rather seeks only to highlight those of Ngāti Toa.

4. Te Runanga acknowledges the significant economic benefits for the Wellington region ensuing from the Airport extension, which will enable long haul flights from other parts of the world to land in Wellington. Balanced against these benefits are Ngati Toa’s obligations as kaitiaki to protect important cultural values and sites of significance potentially affected by the proposal. Of particular concern in this regard, is the need to ensure that the proposed reclamation will not have a detrimental impact on customary and commercial fishing grounds and that there will be no long term negative impacts on water quality and ecological health.

Scope 5. This report provides an overview of Ngāti Toa’s traditional history, customary rights and contemporary interests in the Wellington region to explain the cultural context for the proposed runway extension at Lyall Bay. The objectives of the report are to:

a. Provide a description of Ngāti Toa’s cultural and other interests associated with the wider area of the proposal. b. Identify the potential effects on the cultural and other interests of significance arising from the proposal. c. Recommend where practical, any appropriate measures to avoid, remedy or mitigate any potential adverse effects of the proposal on the cultural and other interests of Ngāti Toa.

Te Rūnanga o Toa Rangatira Inc

6. Te Rūnanga o Toa Rangatira Inc is the only elected and mandated body with authority to administer to all Ngāti Toa interests and is the administrative body of the Iwi estates and assets. Te Rūnanga deals with the political and public issues of national interest such as Treaty of Waitangi claims, commercial and customary fisheries, health services including primary mental health and residential care services, local government relationships and resource and environmental management.

7. The overall vision of Te Rūnanga is:

To promote the mana of Ngāti Toa Rangatira by enhancing the social, economic, educational, cultural and spiritual development of all whānau members, in an open and responsive manner, by enabling them opportunities to attain their full potential for the benefit of the Iwi and the community 1.

8. One of the obligations inherent in this vision is the requirement for Te Rūnanga to exercise kaitiakitanga (traditional guardianship) in relation to the environment for the benefit of the Iwi. It is therefore incumbent upon Te Rūnanga to ensure the Crown and its delegated agencies, including local government, recognise and provide for the unique rights and interests of Ngāti Toa.

Ngāti Toa Origins

9. Ngāti Toa is an Iwi descended from Hoturoa of the Tainui waka. Toa Rangatira, the eponymous ancestor of Ngāti Toa resided at Kawhia on the west coast of Waikato-Tainui rohe around the 17th century. Kawhia was an area rich with natural resources and Ngāti Toa continued to reside along the coastline from Aotea to Huikomako for many generations. Towards the end of the eighteenth century, a period of competition, conflict and frequent warfare emerged in the Waikato region persisting for several generations. It was during this period of conflict that Te Rauparaha rose to prominence.

1 Te Rūnanga o Toa Rangatira inc

10. In 1819 Te Rauparaha participated in an expedition to Taranaki to avenge an insult. Having achieved this goal, the party comprised of Ngāti Toa and allies progressed south to Te Moana o Raukawa (Cook Strait) and Te Whanganui a Tara (Wellington Harbour) continuing to fight and defeat all whom they encountered. This expedition is known as Amiowhenua.

11. While travelling, Te Rauparaha observed a trading ship passing through Te Moana o Raukawa as he stood at a well-known lookout point in Omere near Cape Terawhiti. The strategic advantages of Te Moana o Raukawa as a major travel and trade route were well noted by those who observed the ship and the layout of the land. When Te Rauparaha returned to Kawhia to find that the on-going conflicts had intensified he commenced a historic campaign to lead Ngāti Toa from Kawhia to settle the land around Te Moana o Rauakawa.

Heke South

12. Te Heke Tahutahuahi (the fire lighting expedition) was the first stage of Te Rauparaha’s resettlement which arrived in North Taranaki. Here Ngāti Toa was joined by Ngāti Tama, and members from Ngāti Mutunga and Ngāti Awa. Te Heke Tataramoa (the bramble bush) was the second heke which moved south from Whanganui to Ngāti Apa towards the Cook Strait.

13. The key event marking the definitive establishment of Ngāti Toa Rangatira in the Cook Strait area was the battle of Whakapaetai or Waiorua on Kāpiti Island in 1824. Ngāti Toa defeated a combined alliance of Kurahaupo tribes and quelled any resistance from other resident iwi to their occupation of the coastal area from Kāpiti to Te Whanganui-a-Tara. In 1827 the battle of Tapu-Te-Ranga cemented Ngāti Toa’s mana in Wellington through the defeat of Ngāti Ira by an alliance of Ngati Toa and their Ngati Mutunga relatives from Taranaki. Tamairangi, the Paramount Chieftainess of Ngāti Ira, was taken captive and placed under the protection of Ngāti Toa chief Te Rangihaeata. At the same time, the famed mere pounamu, known as Tawhito Whenua, was surrendered to Ngati Toa. This powerful mere symbolises the mana or political authority over Wellington, and its association with Ngati Toa has been specifically acknowledged through the Ngati Toa Treaty settlement. The mere will continue to reside at Te Papa until arrangements are made for its display at Parliament as an enduring symbol of the mana of Wellington.

14. From the early 1830s, an influx of Taranaki iwi to Te Whanganui-a-Tara ensued in successive waves of migration. Some of these groups were encouraged to settle in the Wairarapa with the support of Te Rauparaha. These migratory heke are often referred to as Nihoputa, Ngāmotu, Tama Te Uaua, and Te Heke Paukena. Te Rauparaha and Te Rangihaeata also allocated land to Ngāti Tama along the south west coast, principally at Ohariu in recognition of their role in achieving and maintaining the raupatu (conquest). Te Rauparaha and Te Rangihaeata then continued south across the Cook Strait leading a number of campaigns in the upper South

Island. Ngāti Toa and allied Iwi acquired customary rights by conquest in a large area of Te Tau Ihu (northern South Island) particularly in the Wairau Valley, Port Underwood, and Pelorus Sound.

15. By 1840 Ngāti Toa had established a formidable presence in the area, dominating both sides of Te Moana o Raukawa (The Cook Strait) politically and economically. Ngāti Toa was in control of a maritime-based empire larger than that of the British in New Zealand at the time.

The Ngāti Toa empire was…a remarkable one, the nearest thing New Zealand could boast to an African style “conquest state”. It was a very loose and new indigenous empire. 2

Te Rohe o Ngāti Toa Rangatira

16. The northern most point of the Ngāti Toa Rangatira rohe is considered to be Whangaehu; in the North Island it extends eastwards to Turakirae Heads and encompasses Te Moana o Raukawa. In Te Waipounamu (the South Island), the rohe extends to include all of Te Tau Ihu; its southernmost point on the West Coast is the outlet of the Arahura River and Kaikoura on the Eastern Coast (figure 2).

17. The Ngāti Toa rohe spans a number of local authority districts and contains many diverse and unique landscapes. This is one of the largest customary rohe in the country, similar in scope to that of Ngāi Tahu or Ngāti Kahungunu.

Figure 2: Te Rohe o Ngāti Toa Rangatira

2 Belich, J. (1998) Making Peoples P163

18. Ngāti Toa used the rivers, streams and Maunga within their rohe in accordance with tikanga (customary law). Te Moana o Raukawa is at the heart of the Ngāti Toa rohe and is integral to our identity, as is the surrounding land. Spiritually and historically Te Whanganui-ā-Tara, and Te Moana o Raukawa were and still are of great significance to Ngāti Toa due to the efforts of our tūpuna to occupy this land, and the lives that were lost during subsequent engagements. There are several places in and around both waters that have particular significance due to the events that took place there.

Ngāti Toa customary rights

19. Ngāti Toa’s customary rights within the rohe derive from two tikanga; these are ‘take raupatu’ (the right of conquest) and ‘ahi kaa’ (occupation).

Take Raupatu

20. Ngāti Toa maintains ‘take raupatu’ (conquest) throughout NGati Toa’s extensive ‘rohe’ described above (paras 16-18). These rights arise from a number of key battles and events that saw Ngāti Toa solidify its presence and relationships within the region, including with its natural resources.

Ahi kaa

21. Ahi kaa rights were maintained through political, economic, and military means, as well as physical occupation. In the Wellington Region Ngāti Toa established and maintained settlements in lands located on the south-west coast of Wellington, at Ohariu, Porirua, Kāpiti Island, and at locations on the Kāpiti and Horowhenua coasts. In time, allied groups closely related to Ngāti Toa were encouraged to settle in parts of the region including Te Whanganui a Tara and the Kāpiti Coast. Consequently these groups came to develop their own customary rights in these areas. Ngāti Toa has always acknowledged these rights, but has never neglected or abandoned their own customary rights to these areas.

22. In the Hutt Valley Ngāti Toa provided for the settlement of other iwi (including Ngāti Tama and Ngāti Rangatahi) who reciprocated by paying tribute of goods such as canoes, eels and birds to Ngāti Toa’s chiefs, Te Rauparaha and Te Rangihaeata. It is through these strategic relationships that Ngāti Toa has maintained its mana and ‘ahi kaa’ in the Hutt Valley area.

Te Tiriti o Waitangi (Treaty of Waitangi)

23. Ngāti Toa leaders signed the Treaty of Waitangi with respect to their interests throughout the rohe as previously described. Te Rauparaha signed the Treaty of Waitangi twice - once at Otaki on 14 May 1840 and a second time on board a naval ship off Mana Island on 19 June 1840.

24. Other Ngāti Toa Rangatira leaders including Nohorua, Te Rangihaeata, Matene Te Whiwhi, Tamihana Te Rauparaha, Topeora (Te Rangihaeata ’s sister) and Kahe Te Rau-o-te-Rangi also signed the Treaty in 1840. The signings were all conducted at Otaki, Cloudy Bay, and Kāpiti ,with the exception of Kahe Te Rau-o-te-rangi who insisted on signing the Treaty at Pipitea (Port

Nicholson) as a rangatira of both Ngati Toa and Ngati Mutunga. Topeora and Te Rau-o-te-rangi were two of only five women to sign the Treaty.

Figure 1: Henry Williams Treaty Copy Signed by Ngāti Toa Rangatira

25. Despite the assurances given in the Treaty, in the decades after 1840 Ngāti Toa’s power declined in the face of Crown military action and land purchasing. Ngāti Toa never relinquished customary authority within its traditional rohe, and has rigorously disputed the loss of these lands. In the Hutt Valley, Crown officials reported in March 1844 that Māori had been observed cutting a boundary line at Rotokakahi on the instructions of Te Rauparaha and Te Rangihaeata. Te Rauparaha’s intention was to mark the boundary between the area in the Hutt Valley that Ngāti Toa considered had been alienated to Europeans and the area remaining in Māori ownership. It is the view of Ngāti Toa that the Rotokakahi line signalled there would be no further loss of lands north of this line.

26. However by 1863, as a result of the Wairau and Porirua transactions of 1847; Te Waipounamu purchase of 1853; the Whareroa purchase of 1858; and the Wainui purchase of 1859, Ngati Toa’s position had been radically changed. Most of the iwi’s lands had been acquired by the Crown. During these decades there was a severe reduction of political and economic power and a substantial contraction of the Iwi ’s former control over lands and resources. This loss of land and political marginalisation had a devastating effect on the Iwi. Ngāti Toa was left in a state of virtual landlessness, without the benefit of any reserves or endowments.

27. Over successive generations, Ngāti Toa have sought redress for the many breaches of the Treaty of Waitangi by the Crown. From 1840, Ngāti Toa has made claims, petitions, submissions, and taken action to seek redress for Treaty breaches. Consistent with that approach, Ngāti Toa Rangatira filed claims with the Waitangi Tribunal, to have their grievances heard, reported on and acknowledged. In 1986, fourteen Ngāti Toa Rangatira individuals lodged the Ngāti Toa Rangatira Comprehensive Tribunal Claim, Wai 207, on behalf of the iwi. The claim covered Ngāti Toa Rangatira ’s traditional rohe and included areas from Whangaehu in the north east to the Tararua Ranges, south to Turakirae Heads, across Cook Strait to Kaikoura, and then west to Arahura.

Ngati Toa Rangatira Settlement Act (2014)

28. Ngati Toa’s Treaty of Waitangi claims were finally settled with the Crown and redress mechanisms were passed into legislation in Parliament in June 2014. It took almost 30 years from the time of lodging the claim with the Waitangi Tribunal for Ngati Toa and the Crown to finally reach agreement on the settlement of historic grievances. Of the fourteen original claimants, only one survived to see the claim through to completion.

29. The Ngati Toa Rangatira Settlement Act records the apology of the Crown to Ngāti Toa in the 2012 Deed of Settlement between Ngāti Toa and the Crown, and recognises the Mana Whenua of Ngāti Toa in the Wellington Region and throughout Te Moana o Raukawa (Cook Strait).

30. The provisions of the Act are intended to enhance the ability of Ngāti Toa to give practical effect to kaitiaki responsibilities through increased participation in resource management processes. A number of statutory acknowledgements are offered by the Bill. Of particular relevance to this assessment are: Te Moana o Raukawa/Cook Straight Poutiaki Area outlined in appendix 2; and Te Moana o Raukawa/Cook Strait Statutory Coastal Acknowledgement Area outlined in appendix 3.

31. The area of the proposed runway extension is situated within the Te Moana o Raukawa Coastal Marine Statutory Acknowledgement area and the Poutiaki Statutory Acknowledgement area as outlined in schedule one of the settlement Act.

The Proposal

32. WIAL propose to extend the runway to a minimum of 2300 m Take-off Runway Available (TORA) which would enable Wellington Airport to handle most Code E aircraft (e.g., Boeing 777 or Airbus A320) with sufficient load capacity to and from Asian and American destinations. As yet the final design of the extension has not been confirmed but based on geotechnical work and consideration of options to the north and south, a decision has been made to apply to reclaim land approximately 350 m to the south into Lyall Bay.

33. There will be a temporary haulage road to carry fill and also the removal of a small hillock to the south-east of the current airport runway to allow for additional airport car parking, while some of the existing car parking will be occupied with construction lay down areas.

34. The design of the reclamation is likely to involve the instalment of stone columns into the underlying sediments to support the structure, a rock dyke around the outside to protect the reclamation from wave activity, and then infilling of the reclamation with material suitable to sustain the heavy impact loads of aircraft.

35. The source of the reclamation fill material is yet to be finalised but is likely to consist of material from a quarry and/or possibly from dredging predominantly sand material from the entrance to the Harbour or elsewhere along the south Wellington coast.

Identification and Assessment of Potential Effects

36. In considering the cultural effects of the runway extension into Lyall Bay, Te Runanga has been mindful of the fact that the proposed reclamation will extend into a highly modified environment that has already been considerably impacted by the existing reclamations. Furthermore, the historic placement of a seawall along the back beach of Lyall Bay and associated carparks and road has also significantly modified the natural beach processes by permanently fixing the shoreline. Nevertheless, the current proposal will cause further impacts to the coastal marine area through the construction and long terms effects of the reclamation resulting in disturbance of the seabed and loss of habitat. As such, Te Runanga has identified a number of key issues arising from the proposed reclamation that could potentially generate adverse cultural effects. These are summarised as follows:

• Damage or destruction of sites of cultural significance • Negative Impacts on customary and commercial fishing practises • Potential undermining of Ngati Toa’s kaitiaki role • Adverse effects on marine ecology and the ‘mauri’ of the coastal marine environment.

37. The potential for significant economic benefits to the wider Wellington region, by enabling long- haul travel from other parts of the world, also needs to be considered in the context of this proposal. As an Iwi that has recently settled historic Treaty claims with the Crown and received significant financial and commercial redress, Ngati Toa is in a strong position to make a positive contribution to the regional economy and to maximise the opportunities generated by the Airport extension for economic growth, including the provision of business and employment opportunities. Wellington Airport is a gateway for literally millions of travellers each year, and as such has a vital role to play in promoting the growth of Wellington’s economy. Therefore, the potential for significant economic benefits to be generated from this proposal also needs to be considered alongside any adverse effects on cultural values/sites of importance to Ngati Toa.

38. In order to assess the significance of any cultural effects arising from project, the issues of potential concern identified by Te Runanga (above) have been assessed in relation to the following ‘pou’ or cultural benchmarks: • Kaitiakitanga • Traditional relationship • Customary and commercial practices

Kaitiakitanga

39. Kaitiakitanga is based on the understanding that everything has a ‘mauri’ or intrinsic life force and is interconnected by whakapapa or genealogy. The primary objective of kaitiakitanga is to protect and enhance ‘ mauri’ in order to sustainably manage the environment for the benefit of future generations. The maori worldview does not separate spiritual aspects from the physical practices of resource management. In this sense, kaitiakitanga requires a more holistic and integrated approach to environmental management than western scientific models.

40. Ngati Toa’s kaitiaki role in relation to Te Moana o Rauakwa (Cook Strait), which includes the area of the proposal at Lyall Bay, is recognised by the Crown in Ngati Toa’s Treaty settlement legislation. The purpose of this acknowledgment is both to enhance Ngati Toa’s ability to give practical effect to their kaitiaki responsibilities, and to provide for more effective iwi participation in resource management processes such as this. Section 7(a) of the Resource Management Act (RMA) also requires decision makers to ‘have particular regard to Kaitikiatanga’. This requires that Ngati Toa’s views in relation to potential cultural effects must be carefully considered in the context of the resource consent process. Another way in which Ngati Toa is exercising Kaitiakitanga in respect of this proposal, is through the development of this Cultural Impact Report and proposed recommendations for the mitigation of adverse cultural effects.

41. Te Runanga considers it important that Ngati Toa’s kaitiaki role is recognised through the RMA process for this application both to ensure the sustainable management of the environment and to uphold legal requirements in terms of the RMA and the Ngati Toa Rangatira Settlement Act (2014). An effective way in which this could be achieved is through the development of a Memorandum of Understanding (MoU) between Te Runanga and WIAL that clearly recognises Ngati Toa’s kaitiaki role and sets out the basis for a mutually beneficial relationship for the duration of the construction period and possibly into the future.

42. In assessing the potential impact of the proposal on kaitiakitanga, this report focuses on two key indicators of environmental health, ‘Mauri’ and ‘Te Wai’.

Te Wai 43. Ngāti Toa (and Māori generally) consider water as a taonga – ‘he taonga te wai’. Our ancestors referred to freshwater as the ‘lubricant of life’, and they maintained a strong reliance on awa (rivers) and moana (the ocean) for their physical and spiritual sustenance. Throughout history, Ngāti Toa has remained a coastal people, intrinsically connected to the ebb and flow of the sea, and reliant on its bounty for the physical nourishment of the Iwi.

44. Statutory recognition of Ngati Toa’s traditional relationship with Te Moana o Raukawa (Cook Strait), and the Iwi’s continued reliance on the moana for customary fishing and other activities, is provided for in Ngati Toa’s Treaty settlement legislation. Section 6(e) of the RMA also recognises and provides for ‘the traditional relationship of Maori and their cultural and traditions with their ancestral lands, water, sites, waahi tapu and other taonga’ as matters of national importance.

45. The significance of the connection between tangata whenua and the coastal environment is recognised by the New Zealand Coastal Policy Statement 2010, particularly the value placed on maintaining mauri. Interfering or disrupting natural processes within the marine environment has the potential to adversely affect the physical and spiritual health of waterways and coastal systems and the people it supports. Therefore, disturbance or contamination of the coastal marine environment as a result of this proposal, which could potentially undermine Ngati Toa’s traditional relationships and customary practises, may generate adverse cultural effects.

46. In this context, Te Runanga is particularly concerned about the potential effects of the reclamation during construction on water quality. Discharges of decant water from the infill operations for the embankment within the rock dyke may contain fine sediment resulting in suspended-sediment in the water column. Also, disturbances of the seabed in the coastal marine area from trenching for the dyke, drilling and installation of stone columns and placement of the peripheral rock wall on the seabed have the potential to release any resident contamination present in the seabed sediments or fine sediments themselves, leading to the release of sediment plumes.

47. In order to reduce the environmental risk from sea-bed disturbances, it will be absolutely critical that the most stringent containment measures are adopted. Best-practice erosion and soil control measures will need to be built into the construction methodology to ensure that any discharges from drilling and placement of stone columns are mitigated, and that trenching only occurs in calmer wave conditions etc.

48. Coastal monitoring will also need to be undertaken during the construction period to ensure that effects are no more than minor in relation to the decant discharges and any sediment plumes resulting from disturbance to the seabed. In terms of addressing potential cultural effects regarding changes in water quality, such as impacts on ‘mauri’ (discussed below) and customary fishing especially the gathering of shellfish, Te Runanga proposes that Ngati Toa is included in the monitoring and that regular updates are provided as to the environmental outcomes of the these activities. The nature of Ngati Toa’s involvement could entail the identification of cultural health indicators to be included in the monitoring programme. This is potentially a matter for further discussion with WIAL in the context of developing a MoU.

Mauri 49. Mauri is the life force that exists in all aspects of the natural world. When the health and wellbeing of the environment is sustained, so too is the mauri. There are a number of cultural indicators used to assess the impact on mauri of activities such as those associated with this proposal. These include (but are not limited to) the following: • Life supporting capacity and ecosystem health • Clarity and quality of the water • Abundance and diversity of endemic species • Suitability and accessibility for cultural use • Protection of sites of cultural significance • Health and abundance of native flora

50. In our kaitiaki role, Ngāti Toa actively strives to protect and revitalise waterways and the moana within our tribal ‘rohe’ (area). Activities such as the reclamation of the coastal marine area have the potential to interfere with natural processes, thereby affecting water quality and ecosystem health. Although the mauri of the coastal environment affected by this proposal has already been degraded over the years, Ngāti Toa is concerned to ensure the proposed runway extension does not contribute to further long term degradation of the coastal environment.

51. To this end, Te Runanga has identified potential adverse effects associated with the permanent loss of marine habitat to be submerged by the proposed reclamation. The reclamation area includes 5.4 ha of subtidal natural reef systems that will be buried during the runway construction. The loss of habitat and marine ecosystems associated with the burial of this rocky reef will inevitably lead to the loss of ‘mauri’ from the reclaimed area.

52. The loss of mauri will be mitigated to some degree by the net gain in coastline boarded by subtidal reef that will occur as a result of the proposed rock dyke. 3 However, the loss of habitat and mauri resulting from the reclamation could be further mitigated by the design and construction of the rock wall to enhance biodiversity, including the revitalisation of taonga species such as koura (crayfish), paua and kina.

In this regard, Te Runanga strongly supports the recommendations in the Marine Ecology AEE Report to enhance the ecological value of the rock wall by constructing it as an artificial reef. These recommendations are based on a literature review undertaken by NIWA in relation to the design of artificial structures along coastlines around the world that have successfully supported biological communities and habitat restoration. In addition our recommendation is that the artificial reef be designed in a way that would improve wave forms for ‘surfing’ and recreational activities given many Maori and Ngati Toa are actively engaged in a sport practiced by tupuna.

Traditional Relationships

53. Lyall Bay or Hue Te Para is an area with ancient maori associations, extending back to the time before Kupe’s exploration of the Wellington district around 850AD. Like most iwi, Ngati Toa trace their descent from Kupe, so although their traditional relationship with the Wellington area is relatively recent by comparison, extending only as far back as the Amiowhenua expedition of 1819, Ngati Toa have always acknowledged their whakapapa links to Kupe and their kaitiaki duties to actively protect waahi tapu and other sites associated with his exploration of the Wellington area.

54. Ngati Toa are the acknowledged kaitiaki of Kupe’s anchor stone, Te Punga o Matahorua, which he left at the entrance to Porirua Harbour before returning to the far north and eventually back to Hawaiiki. This now resides at Te Papa Tongarewa and is undoubtedly one of the most important taonga in the national collection. From the time of Ngati Toa’s arrival in the Wellington area through to the present day, the Iwi has continued to exercise their kaitiaki responsibilities by ensuring that all waahi tapu and sites of cultural significance are treated with respect and preserved as far as possible regardless of their iwi of origin.

Sites of Cultural Significance

55. In this context, there are significant sites and place names in the wider vicinity of the project that attest to Kupe’s historic presence in the area and the earliest settlement of Maori in the

3James, M.; MacDiarmid, A.; Beaumont, J.; Thonpson, D., Assessment of Ecological Effects of the reclamation and extension to Wellington Airport, page 19

Wellington district. These sites are well documented in the Cultural Values Report prepared by Raukura Consultants 4, therefore it is not necessary to repeat the historical background here. Furthermore, there are no known maori sites of significance directly affected by the proposed reclamation or the earthworks associated with the construction of a service road to the west of the runway.

56. However, it is of relevance to this proposal to note the importance of Lyall Bay historically as an area of abundant seafood that contributed to an extremely rich fishery resource along Wellington’s South Coast. At the time of the earliest maori settlement of Miramar Peninsula (Motu Kairangi), Lyall Bay was an important ‘mahinga kai’ or seafood resource that was accessible and in close proximity to key areas of occupation. These included Rangitatau and Poitu Pa which were strategically located on the headland at Tarakena Bay overlooking the airport runway today. This area of the coastline sustained a plentiful supply of paua, kina and koura as well as finfish.

57. Despite the environmental destruction and ongoing degradation of Lyall Bay over the years, which has occurred largely as a result of previous reclamations to extend the runway, Ngati Toa have continued to value their traditional relationship with the area. The Iwi still undertakes customary fishing practises in the vicinity of the runway, in spite of the reduced abundance and health of kaimoana. Therefore, Te Runanga is concerned to ensure that Ngati Toa’s traditional relationship with the project area is recognised and provided for through the RMA process.

58. Apart from Lyall Bay itself, Moa Point is the only other known site of cultural significance to be directly affected by the proposed reclamation. It is well established that this site dates back to the period of earliest human occupation of Aotearoa and therefore has immense cultural value for Tangata whenua, as well as relevance under the RMA. Moa Point takes its name from the discovery of moa bones in the vicinity in 1872. 5 The present reclaimed land area was filled in 1959, completely submerging the small point known as Moa Point.

59. Although this historic moa-hunter site is unlikely to still exist, its association with the earliest Polynesian/Maori settlement of Aotearoa continues to have cultural and spiritual value for all maori, regardless of their manawhenua status in the Wellington district today. This elevates the kaitiaki responsibilities of present day Tangata whenua - Ngati Toa and Te Atiawa/Taranaki whanui - to ensure the preservation of these sites (to the greatest extent possible) so that the knowledge (mataruranga) and history associated with them can be transmitted to future generations.

4 Raukura Consultants; Cultural Values Report; Wellington Airport Limited – South Runway Extension, p ages 8-12 5 Jones, K. L., Archaeological Assessment of southern extension of runway for Wellington International Airport Ltd (WIAL), ; page 3

60. Te Moana o Raukawa is regarded by Ngati Toa as a taonga of paramount significance. The coastal settlements, resources and conditions of Te Moana o Raukawa have historically shaped and influenced traditional ways of life, including the culture and identity of Ngati Toa descendants. Even today, when Iwi members deliver their ‘pepeha’ (to introduce themselves) they refer to Te Moana o Rauakawa as their sacred body of water – ‘ko Te Moana o Raukawa toku moana’ . The strategic importance of Te Moana o Raukawa for international trade and the facilitation of strategic relationships between Ngati Toa and other iwi at the top of the South Island and lower North Island was a critical factor in Ngati Toa’s economic and political success. Te Moana o Raukawa was at the heart of Ngati Toa’s maritime empire that placed Ngati Toa in an unassailable position of economic and political strength in the region prior to 1840. Te Moana of Raukawa remains an integral part of Ngati Toa’s ‘rohe’ today. The mana of Ngati Toa is inherently linked to the health of Te Moana o Raukawa.

61. Therefore, it is important that any adverse effects on Ngati Toa’s cultural values in respect of Te Moana o Raukawa are avoided or mitigated. In this case, any adverse effects on water quality from the release of sediment and/or contaminants into the water column during construction of the reclamation, are of particular concern to Te Runanga. Any reduction of water quality would further undermine the ‘mauri’ of the coastal environment of Lyall Bay which forms part of Te Moana o Raukawa, and this in turn could potentially impact on important cultural values for the Iwi, including shellfish gathering and fishing activities.

62. It is important that Ngati Toa’s values in relation to Te Moana o Raukawa are taken into account through the RMA process in order to meet the requirements of the Treaty settlement legislation 6. This also requires specific recognition of Ngati Toa’s kaitiaki role in respect of Te Moana o Raukawa. Te Runanga wishes to draw attention to the importance of adhering to this legislation as a means of addressing any adverse cultural effects in relation to Te Moana o Raukawa.

63. Although there are no visible remnants or signs that any of the ancient moa-hunter sites still exist and therefore the risk of accidentally uncovering any sites during construction of the runway extension is relatively low, there still remains a remote possibility that the earthworks associated with the landward activities could adversely affect actual or potential sites of cultural significance. Therefore, Te Runanga fully supports the recommendations made in both the archaeological assessment and cultural values report that an accidental discovery protocol should be adopted and included as a condition of consent.

Customary and Commercial Fishing

64. Ngāti Toa traditionally relied upon the sea and the coastline to gather a vast range of resources for the physical and spiritual nourishment of the Iwi. The Inland areas of the ‘rohe’ (tribal

6 Refer to Appendix 3 of this report for a fuller explanation of the Ngati Toa Rangatira Settlement Act (2014)

territory) provided bountiful supplies of eels, inanga (whitebait), birds, plant and other resources. While the sea and foreshore sustained an abundance of kaimoana (seafood) and kai ika (fish) which were harvested on a daily basis.

65. Species such as cod, snapper, shark, flounder, flatfish, paua, kina and mussels were plentiful and formed part of the staple diet of the Iwi. Seabirds, such as tītī were caught; and from the wetlands, flax and birdlife such as ducks, were gathered. The sea also provided a range of rongoa (traditional medicine) in the form of marine plants and animal life as well as the sea water itself.

66. Today, the wider coastal and Raukawa Moana area continues to support important and diverse commercial fisheries for the Iwi, although activity in Lyall Bay is limited to occasional set netting and potting at reefs at the entrance at the entrance to the Bay targeting butterfish and crayfish respectively.

67. The main species targeted by customary Iwi fishers along the Wellington south coast, including Lyall bay, are paua, koura and kina. The gathering of paua and kina from around the reefs at the end of runway is relatively popular amongst Ngati Toa divers.

Customary Fisheries

68. The Ngāti Toa customary fisheries area extends from Whangaehu in the north-west coast, along the Kapiti and South Wellington Coast, to Turakirae point which is to the south-east of Fitzroy Bay. Ngati Toa also has extensive fisheries interests in the Cook Strait and top of the South Island extending to both the east and west.

69. Te Runanga is responsible for protecting Ngāti Toa’s customary fishing rights and upholding the Iwi’s kaitiaki role in relation to the sustainable management of fisheries resources. This is reflected in a contemporary sense through regulations 50 and 51 of the Fisheries (Amateur Fishing) Regulations 2013. Amongst other things, these regulations allow Ngāti Toa to issue a customary fishing authorisation to collect kaimoana in excess of recreational fishing limits within its’ rohe’ for special Iwi events such as tangi and hui. This proposal extends into Ngati Toa’s ‘rohe moana’ (traditional seaward area) and therefore will undoubtedly impact on the Iwi’s ability to issue customary permits.

70. Another potential effect on Ngati Toa’s customary fishing practises in the vicinity of the proposal, is that settled sediments could potentially adversely affect rocky habitats of importance to fish along the Lyall Bay shoreline if significant sedimentation was to occur as a result of the construction of the reclamation. There are a few rocky areas around Moa Point and the eastern side of the reef at the end of the runway that are important for koura and, along with paua, are collected by Ngati Toa divers for customary and recreational purposes.

However, we understand from the ecological assessment that any sedimentation that did occur would be very localised and short-term and would be dispersed by tidal movement, wind or storm events. However, to ensure that predictions of low levels of sedimentation are actually achieved, it is imperative that best practise erosion and sediment control measures are implemented during construction and are monitored vigilantly throughout the project to ensure that the measures are robust and effective at all times.

71. A further impediment to customary fishing in the area of the proposal relates to the imposition of a 250m exclusion zone around the construction zone for the period it takes for the runway to be extended. This is not likely to impact on Ngati Toa’s commercial fishing activity in the area but it will undoubtedly affect Ngati Toa’s ability to harvest kaimoana for customary purposes, particularly paua and kina, from along the affected shore.

72. Another potential area of concern relates to the outer harbour area in the vicinity of Fitzroy Bay, and the harbour entrance which are important commercial and customary fishing grounds for Ngati Toa. Species regularly gathered from within these areas include koura (crayfish), kutai (mussels), paua, kina and finfish. Although these fishing grounds are located a considerable distance away from the Lyall Bay, Te Runanga is concerned about the possible dispersal of suspended sediments well beyond the reclamation construction zone as a result of tidal movements, winds and storm events that could potentially impinge on significant Iwi fishing grounds and Ngati Toa’s ability to exercise customary and commercial fishing rights.

73. Te Runanga recognises that the likelihood of sediment plumes from the construction activity at Lyall Bay reaching Fitzroy Bay and the entrance to the harbour are relatively low, however Ngati Toa’s fishing grounds on Wellington’s south coast have already been severely depleted over the years as a result of various activities, most notably Moa Point, and the Taputeranga Marine Reserve. Therefore, Te Runanga needs some reassurance that this proposal will not cause further harmful effects to these important Iwi fishing grounds.

74. Finally, Te Runanga is concerned about the potential adverse effects associated with the infill material required for the reclamation. As mentioned earlier in this report, the location and source of the fill has not yet been finalised. We understand that options are being considered at the entrance to the harbour and along Wellington’s south coast and that marine sands are best suited for this job, as they contain very little silt content. We recognise that finding a suitable source of ‘cleanfill’ that avoids any contamination is a priority and that this may limit available options for sourcing the fill. However, Te Runanga is concerned about the potential for further impacts along the south coast that could undermine Ngati Toa’s customary rights and interests and requests that consultation is undertaken with the Iwi once a clearer understanding of the options is established.

Mitigation

75. In terms of mitigating any potential adverse cultural effects associated with customary and commercial fishing, Te Runanga considers that a combination of measures will be necessary. Firstly, before any construction of the reclamation is undertaken there should be a field collection of paua, kina and other species from reefs destined for burial, and these should be held for the construction period in appropriate conditions in order to be transferred to new reef surfaces once the construction is completed. This could help to mitigate the effects of the destruction of rocky reefs and their populations within the construction zone.

76. Secondly, as has been previously mentioned, Te Runanga supports the proposal to design and construct the rock wall of the dyke to enhance biodiversity by replicating natural features of the coastal environment in the design, such as crevices and dark shaded surfaces suitable for paua and kina; and specially designed holes in three sizes to encourage the re-colonisation of the area by koura. WIAL has been provided with a number of options for consideration by NIWA in the context of the ecological assessment. Artificial reefs have proven to be effective in attracting and enhancing biodiversity in coastal marine environments in other parts of the world. Te Runanga strongly recommends that this option should be adopted in order to help mitigate the effects of the loss of habitat within the footprint of the reclamation.

77. Thirdly, Te Runanga supports the idea of enhancing the development of paua populations on the rock dyke which under normal circumstances could take 10 or more years to grow to legal sizes. The ecological assessment highlights this issue and states that it is possible to hasten this process by the enhancing the population on the rock dyke by ‘out-planting’ juveniles raised in captivity from locally sourced parents. 7

78. Fourthly, in response to concerns regarding the potential effects of sedimentation on water quality and the recovery of kaimoana following the completion of all construction activity, Te Runanga supports the development of a full Environmental Management Plan (EMP) and would like to be involved in this process. Te Runanga would also like to participate in the survey and monitoring work that is undertaken to confirm that recolonization is occurring and that the design of the rock wall has been successful in enhancing biological communities (such as paua and kina). Consideration could be given to including cultural health indicators to monitor, for example, whether the ‘mauri’ is returning to the reclaimed area. This would also enhance Ngati Toa’s ability to exercise kaitiakitanga, thereby helping to mitigate the adverse effects of the proposal on Ngati Toa’s kaitiaki role in the area.

7 James, M.: MacDiarmid, A.; Beaumont, J.; Thompson, D. Assessment of Ecological Effects of the reclamation and extension to Wellington Airport, p age 22

79. Fifthly, to avoid use of contaminated fill material in the reclamation which could significantly adversely affect water quality in the coastal marine area, Te Runanga strongly agrees with the recommendations in the Marine Ecology AEE Report that draw attention to policies in the NZCPS requiring all imported fill material to meet the Ministry for the Environment “cleanfill” definition. The issue of where this cleanfill material will be taken from is yet to be determined, which raises a further concern around the potential adverse effects of extracting suitable fill material from another location along Wellington’s south coast. This is an important aspect of the proposal that will need to be considered from a cultural perspective once the details are finalised. To this end, Te Runanga is proposing that this could be one of the issues included in a MoU between Te Runanga and WIAL for future consultation.

80. Lastly, to further reduce the environmental risk from seabed disturbances, particularly the effects of sedimentation on the ‘mauri’ and ecological health of the marine environment, as well as potential impacts on customary and commercial fishing in the area, it is imperative that effective erosion and soil control measures are built into the construction methodology.

Recommendations for Avoiding, Remedying & Mitigating Cultural Effects

81. This section of the report summarises the mitigation measures proposed to address potential adverse effects in relation to cultural sites and values arising from the proposed Airport extension. These measures are proposed as recommendations (below) to address Te Runanga’s key concerns as outlined in the previous section identifying potential cultural effects. It is intended that these recommendations should be adopted in tandem with best-practise sediment and erosion control measures (particularly for the infilling operation), and the mitigation and monitoring measures proposed in the Marine Ecology AEE Report.

Marine Ecology and effects on ‘mauri’

a. Ngati Toa should be involved in the development of the Environmental Monitoring Plan (EMP) and consideration should be given to inclusion of cultural health indicators within the monitoring programme so that adverse cultural effects, such as the loss of ‘mauri’, can be properly measured and assessed.

b. The design and construction of the rock wall of the dyke should be undertaken in line with recommendations in the Marine Ecology AEE Report to replicate an artificial reef. This intended to help mitigate the loss of marine habitat and ‘mauri’ from the footprint of the reclamation. Furthermore, there are likely to be benefits in terms of biodiversity enhancement, including the revitalisation of taonga species such as koura (crayfish), paua and kina.

Sites of Cultural Significance

c. Te Runanga supports the recommendations made in both the Archaeological Assessment AEE Report and Cultural Values Report (by Raukura Consultants) for an accidental discovery protocol to be adopted and included as a condition of consent.

Recognition of Ngati Toa’s Kaitiaki role

d. A Memorandum of Understanding (MoU) should be developed between Te Runanga and WIAL that clearly recognises Ngati Toa’s kaitiaki role in relation to the project area and provides the basis for Te Runanga to work in partnership with WIAL throughout the course of the project. It is envisaged that such an agreement would also enable a greater level of participation by Ngati Toa in the monitoring of coastal processes. Te Runanga’s overriding objective is to ensure that the proposal will not have any detrimental effects on the Iwi’s customary and commercial fishing grounds in the area or on the long term health of the marine environment.

e. Ngati Toa’s kaitiaki role in relation to this proposal should be recognised and provided for through the RMA process. Section 7(a) of the RMA requires that all persons exercising functions and powers under it, in achieving the sustainable management purpose of the Act, shall have ‘particular regard’ for Kaitiakitanga. In addition, the Ngati Toa Rangatira Settlement Act 2014 contains provisions that are intended to enhance the ability of Ngati Toa to give practical effect to kaitiaki responsibilities through increased participation in resource management processes. Of particular relevance to this project are : Te moana o Raukawa/Cook Strait Poutiaki Area outlined in Appendix 2; and Te Moana o Raukawa/Cook Strait Statutory Coastal Acknowledgement Area included in Appendix 3. Through the development of a MoU and Ngati Toa’s involvement in the EMP (as outlined above), there would be greater opportunities for Ngati Toa to exercise kaitiakitanga in practical and meaningful ways.

Customary/Commercial Fishing

f. Before any construction of the reclamation is undertaken there should be a field collection of paua, kina and other species from reefs destined for burial, and these should be held for the construction period in appropriate conditions in order to be transferred to new reef surfaces once the construction is completed. This is intended to help mitigate the adverse effects associated with the destruction of rocky reefs and their populations within the construction zone. It will also potentially ameliorate any adverse impacts on customary fishing areas and practises directly affected by the proposal.

g. Work should be undertaken to enhance the development of paua populations on the rock dyke by ‘out-planting’ juveniles raised in captivity from locally sourced parents. This could potentially speed up the process of re-establishing a viable paua population on the dyke that would otherwise take 10 years or more to revitalise. This measure would go some way towards addressing any adverse effects on customary fishing due to the 250m exclusion zone to be imposed during the period of construction.

h. Te Runanga is supportive of the need for a comprehensive EMP and requests to be involved in the development of the plan to ensure that effective monitoring is undertaken to address cultural effects, particularly in respect of water quality issues and the recolonization of kaimoana following completion of the rock dyke. Consideration should be given to including cultural health indictors to monitor the recovery of ‘mauri’ to the footprint of the reclamation; and participation of Ngati Toa in the survey and monitoring work should also be considered as a way of mitigating adverse effects on Ngati Toa’s kaitiaki role.

i. Te Runanga strongly agrees with recommendations in the Marine Ecology AEE Report that all fill material used in the reclamation should meet the Ministry for the Environment “cleanfill” definition. It is requested that consultation is undertaken with the Runanga once more detail is known in respect of the options available for the extraction of suitable fill material. This could

be one of the issues highlighted in a MoU between Te Runanga and WIAL for future consultation.

j. It is imperative that effective erosion and soil control measures are built into the construction methodology to further reduce the environmental risk from seabed disturbances. These measures are also critically important in mitigating the effects of sedimentation on the ‘mauri’ of the marine environment, as well as any potential impacts on customary and commercial fishing in the area.

Conclusions

82. Te Rūnanga has carefully considered the proposal to extend the Wellington Airport runway, from a cultural effects perspective, and requests that the contents of this report are taken into account in the formulation of the assessment of effects on the environment (AEE).

83. The recommendations contained within this report are intended to avoid, remedy or mitigate any adverse cultural effects arising from the proposed reclamation. Te Runanga considers that the adoption of these recommendations will successfully mitigate any adverse effects of the proposal on cultural values/sites, especially when considered in combination with the mitigation measures proposed in the Cultural Values Report (prepared by Raukura Consultants) and the Marine Ecology AEE Report.

84. Te Runanga is generally supportive of the recommendations provided in the Cultural Values Report. In particular, the need for ongoing consultation with manawhenua iwi throughout the consenting programme, and the inclusion of Ngati Toa and Te Atiawa/Taranaki whanui in cultural ceremonies when the project is due to commence (as outlined in recommendations (d) and (e)) are important aspects of the mitigation proposed to address adverse cultural effects.

85. Furthermore, Te Runanga is agreeable to the wording of the draft accidental discovery protocol (included as Appendix 1 of the Cultural Values Report), with a slight amendment to the Tangata whenua contacts for Te Runanga o Toa Rangatira from Reina Solomon to Jennie Smeaton. Te Runanga agrees that this protocol should be included as a condition of consent. In addition, Te Runanga is supportive of the measures proposed in the Ecological Effects AEE Report to mitigate adverse effects on marine ecology from both the construction and long term impacts of the reclamation.

86. The key remaining issue of concern for Te Runanga relates to the uncertainty surrounding the use of fill material for the reclamation. Without knowing where this material will be taken from, t is difficult to assess any potential cultural effects. However, Te Runanga does have a strong preference for avoiding the excavation of sand from Wellington’s south coast, if possible, in order to protect important cultural values/sites contained within this area. To this end, Te Runanga has recommended that further consultation be undertaken with Ngati Toa when more detailed information becomes available as to possible locations for the extraction of the fill material.

87. Overall, Te Rūnanga considers that any adverse cultural effects resulting from the proposed extension of the Wellington Airport runway can be successfully mitigated through the implementation of the recommendations contained within this report, particularly when considered in combination with the economic benefits that the airport extension will generate for manawhenua iwi and the Wellington region as a whole.

References

Raukura Consultants, Cultural Values Report; Wellington Airport Limited – South Runway Extension, November 2014.

James, M.; MacDiarmid, A.; Beaumont, J.; Thonpson, D., Assessment of Ecological Effects of the reclamation and extension to Wellington Airport, July 2015

Bell, R.G (NIWA); Wellington International Aiport Runway Extension; Coastal Processes Assessment, August 2015

Te Runanga o Toa Rangatira Inc, Ngati Toa Rangatira Cultural Impact Report; Centreport, September 2015

Jones, K.L., Archaeological Assessment of southern extension of runway for Wellington International Airport Ltd (WIAL), Wellington, May 2015

Contact Details

Registered Address PO Box 50079 Porirua

Location 26 Ngatitoa St Takapuwahia Porirua

Contacts Phone: 04 237 9832 Fax: 04 237 6436 Email: [email protected] Website http://www.ngatitoa.iwi.nz/

Chairman Taku Parai Phone: 04 237 9832 Fax: 04 237 6436

Executive Director Matiu Te Rei Phone: 04 237 7922 Fax: 04 238 4701 Email: [email protected]

For information regarding this report contact:

Resource Management Jennie Smeaton Phone: 04 238 4952 Fax: 04 238 4701 Email: [email protected]

Appendix 1: Statutory and Regulatory Assessment

84. The proposal by WIAL to extend Wellington Airport runway is clearly for the development of essential infrastructure to continue to provide commercial and economic benefit to the wider region. However, economic benefits must be balanced against environmental effects in the context of the RMA, which also contains specific provisions for the recognition of maori rights and interests.

85. This section outlines the regulatory framework pertaining specifically to Maori issues (many of which are consistent with those of the general public) that must be taken into account by all people exercising powers and functions under the RMA.

86. The relevant statutory and regulatory requirements that should be taken into account when assessing the application in terms of its effects on Ngāti Toa ’s interests are the: • Ngāti Toa Rangatira Settlement Act 2014 • Resource Management Act 1991 • New Zealand Coastal Policy Statement

Ngāti Toa Rangatira Settlement Act 2014

87. This Act records the apology of the Crown to Ngāti Toa in the 2012 Deed of Settlement between Ngāti Toa and the Crown, and recognises the Mana Whenua of Ngāti Toa in the Wellington Region and the wider customary area of interest outlined on page 13. The Act was passed into legislation in parliament in June 2014.

88. The Te Tau Ihu Claims Settlement Act (2014) will give effect to the Deed of Settlement. The provisions of the Act are intended to enhance the ability of Ngāti Toa to give practical effect to kaitiaki responsibilities through increased participation in resource management processes. A number of statutory acknowledgements are offered by the Bill. Of particular relevance to this assessment are: Te Moana o Raukawa/Cook Straight Poutiaki Area outlined in appendix 2; Te Whanganui-ā-Tara/Wellington Harbour Coastal Marine Statutory Acknowledgement Area outlined in appendix 3; and Te Moana o Raukawa/Cook Strait Statutory Coastal Acknowledgement Area outlined in appendix 3.

Resource Management Act 1991

RMA – Part II Evaluation

89. Decision makers are required to take in to account Part II of the Resource Management Act 1991 (RMA).

Section 5 – The Purpose The purpose of the Resource Management Act as set out in Section 5 “is to promote the sustainable management of natural and physical resources”. The term “sustainable management” is defined to mean:

• Managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural well-being and for their health and safety while: • Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and • Safeguarding their life supporting capacity of air, water, soil and ecosystems; and • Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Section 6 – Matters of National Importance In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:

Section 6 (e) ‘the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga’.

In exercising its powers and functions under the Act, the decision-makers are required to recognise and provide for the matters of national importance listed in Section 6 of the Act.

Section 7 – Other matters In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall have particular regard to:

Section 7 (a) ‘Kaitiakitanga (the ethic of stewardship)’

This section of the RMA recognises Māori tikanga in terms of management of resources and recognises the special relationship Māori have with the environment. In terms of this consent, it is important for decision makers to recognise Ngāti Toa ’s traditional relationship with the moana and our responsibilities as Kaitiaki to actively protect the environment and natural resources in Te Whanganui-ā-Tara and Te Moana o Raukawa.

In the context of the current proposal this means that Ngāti Toa’s views regarding potential or actual effects to cultural values must be carefully considered by decision-makers in relation to consent applications. One way in which Ngāti Toa is exercising Kaitiakitanga is through the development of this Cultural Impact Report, and recommendations for the mitigation of adverse environmental effects arising from the current consent applications.

Section 8 – Te Tiriti o Waitangi/Treaty of Waitangi

‘In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi)’.

Inherent in Te Tiriti o Waitangi is the notion of partnership between the Crown and Maori. This same notion of partnership underpins the relationship between Greater Wellington Regional Council and Ngāti Toa and is reflected in our Memorandum of Understanding which itself is based on the principles of the Treaty.

Through claims and cases to the Waitangi Tribunal and courts the principles of the Treaty of Waitangi continue to evolve and develop. Two of the most commonly referenced principles under resource management case law are that of active protection and consultation. The principle of active protection requires that more than passive measures be taken to protect taonga at all times. The principle of consultation notes a two way interaction and communication about proposals that are not yet finalised enabling that interaction to influence the final proposal. In this case it requires that Ngāti Toa is consulted about important issues within its tribal area.

The application areas are located within Ngāti Toa ’s customary area as outlined in the historical sections of this report. Therefore, it has particular cultural significance that decision makers under the RMA have a duty to protect. The commissioning of this cultural impact report goes some way towards recognising the principle of active protection. CentrePort has also made efforts to engage in consultation with Ngāti Toa from very early stages of the consent process which is also consistent with the principle of consultation.

New Zealand Coastal Policy Statement 2010

Objective 3 To take account of the principles of the Treaty of Waitangi, recognise the role of tangata whenua as kaitiaki and provide for tangata whenua involvement in the management of the coastal environment by:

• recognising the ongoing and enduring relationship of tangata whenua over their lands, rohe and resources; • promoting meaningful relationships and interactions between tangata whenua and persons exercising functions and powers under the Act; • incorporating mātauranga Māori into sustainable management practices; and • recognising and protecting characteristics of the coastal environment that are of special value to tangata whenua.

Policy 2: The Treaty of Waitangi, tangata whenua and Māori heritage In taking account of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi), and kaitiakitanga, in relation to the coastal environment:

(a) recognise that tangata whenua have traditional and continuing cultural relationships with areas of the coastal environment, including places where they have lived and fished for generations;

(b) involve iwi authorities or hapū on behalf of tangata whenua in the preparation of regional policy statements, and plans, by undertaking effective consultation with tangata whenua; with such consultation to be early, meaningful, and as far as practicable in accordance with tikanga Māori;

(c) with the consent of tangata whenua and as far as practicable in accordance with tikanga Māori, incorporate mātauranga Māori in regional policy statements, in plans, and in the consideration of applications for resource consents, notices of requirement for designation and private plan changes;

(d) provide opportunities in appropriate circumstances for Māori involvement in decision making, for example when a consent application or notice of requirement is dealing with cultural localities or issues of cultural significance, and Māori experts, including pūkenga, may have knowledge not otherwise available;

(e) take into account any relevant iwi resource management plan and any other relevant planning document recognised by the appropriate iwi authority or hapū and lodged with the council, to the extent that its content has a bearing on resource management issues in the region or district; and

(i) where appropriate incorporate references to, or material from, iwi resource management plans in regional policy statements and in plans; and

(ii) consider providing practical assistance to iwi or hapū who have indicated a wish to develop iwi resource management plans;

(f) provide for opportunities for tangata whenua to exercise kaitiakitanga over waters, forests, lands, and fisheries in the coastal environment through such measures as:

(i) bringing cultural understanding to monitoring of natural resources;

(ii) providing appropriate methods for the management, maintenance and protection of the taonga of tangata whenua;

(iii) having regard to regulations, rules or bylaws relating to ensuring sustainability of fisheries resources such as taiāpure, mahinga mātaitai or other non commercial Māori customary fishing; and

(g) in consultation and collaboration with tangata whenua, working as far as practicable in accordance with tikanga Māori, and recognising that tangata whenua have the right to choose not to identify places or values of historic, cultural or spiritual significance or special value:

(i) recognise the importance of Māori cultural and heritage values through such methods as historic heritage, landscape and cultural impact assessments; and

(ii) provide for the identification, assessment, protection and management of areas or sites of significance or special value to Māori, including by historic analysis and archaeological survey and the development of methods such as alert layers and predictive methodologies for identifying areas of high potential for undiscovered Māori heritage, for example coastal pā or fishing villages.

Policy 15: Natural features and natural landscapes To protect the natural features and natural landscapes (including seascapes) of the coastal environment from inappropriate subdivision, use, and development:

(c) identifying and assessing the natural features and natural landscapes of the coastal environment of the region or district, at minimum by land typing, soil characterisation and landscape characterisation and having regard to:

(viii) cultural and spiritual values for tangata whenua, identified by working, as far as practicable, in accordance with tikanga Māori; including their expression as cultural landscapes and features;

(ix) historical and heritage associations;

Policy 19 Walking access (3) Only impose a restriction on public walking access to, along or adjacent to the coastal marine area where such a restriction is necessary:

Regional Policy Statement

Objective 22 (Policy 66) states that local and iwi authorities work together under Treaty partner principles for the sustainable management of the region’s environment for the benefit and wellbeing of the regional community now and in the future.

Objective 23 (policy 47) requires the principles of the Treaty of Waitangi to be taken into account in resource management processes.

Objective 24 integrates the concept of kaitiakitanga into sustainable management of physical and natural resources.

Objective 25 notes the need to sustain mauri particularly in relation to coastal and freshwater

Objective 25 requires that mahinga kai and natural resources used for customary purposes are maintained and enhanced.

Objective 27 requires that they are made accessible to tangata whenua. Adverse effects on the cultural relationship of Māori with their ancestral lands, water, sites, wāhi tapu and taonga are avoided (objective 27; policy 48).

The Charter of Understanding between Te Tangata Whenua o Te Upoko o Te Ika a Maui and Wellington Regional Council 2013

This charter was originally signed in 2000 and revised in 2013. The charter establishes and provides for a clear understanding of the basis and ongoing conduct of the relationship between Council and tangata whenua, in the context of the Treaty of Waitangi, and the legislation which gives functions, duties and powers to the Wellington Regional Council. This relationship extends to (but is not limited to) Environmental Management, Land Management, Flood Protection, Regional Parks, Regional Transport Outcomes and Regional Water Supply. The Council’s commitments to the provisions of the RMA with regard to Māori customary interests are outlined in the Regional Policy Statement.

Appendix 2: Poutiaki Instrument

The following clauses are from the Ngati Toa Rangatira Deed of Settlement and are considered relevant for consideration relating to the Proposal.

5.22 In clauses 5.23 to 5.34:

5.22.1 poutiaki area means the areas with the general location (but not the precise boundaries) shown in yellow and pink on OTS-068-74; and

5.22.2 relevant councils means the Wellington Regional Council and the Marlborough District Council.

Crown acknowledgment 5.23 The Crown acknowledges Ngāti Toa Rangatira's role as a kaitiaki over the coastal marine area of the following areas that are within the poutiaki area as shown on OTS-068-74:

5.23.1 Cook Strait;

5.23.2 Porirua Harbour;

5.23.3 Te Whanganui / Port Underwood; and

5.23.4 Pelorus Sound / Te Hoiere (including Kenepuru Sound, Mahau Sound and Tennyson Inlet), (the poutiaki coastal marine area).

Poutiaki plan 5.24 The settlement legislation will, on the terms set out in sections 145 to 148 of the draft settlement bill, provide that:

5.24.1 the governance entity may from time to time prepare a plan in relation to the poutiaki area (the poutiaki plan) and lodge it with the relevant councils;

5.24.2 the purpose of the poutiaki plan is to identify:

(a) the values and principles of Ngāti Toa Rangatira in relation to the poutiaki coastal marine area;

(b) the resource management issues of significance to Ngāti Toa Rangatira in relation to the poutiaki coastal marine area; and

5.25 The settlement legislation will, on the terms set out in section 147 of the draft settlement bill, provide that a relevant council must when reviewing or preparing a regional policy statement or regional coastal plan:

5.25.1 take into account the poutiaki plan, to the extent that the poutiaki plan is relevant to resource management issues and relates to the poutiaki coastal marine area within the council ‟s jurisdiction;

5.25.2 include in the regional policy statement or regional coastal plan a statement of the resource management issues of significance to Ngāti Toa Rangatira as set out in the poutiaki plan; and

5.25.3 refer to the poutiaki plan to the extent that it is relevant in an evaluation of a proposed regional policy statement or proposed regional coastal plan under section 32 of the Resource Management Act 1991.

5.26 The Ministry for the Environment will, following a request by the governance entity to provide technical support in the preparation of the initial poutiaki plan:

5.26.1 meet with the governance entity to agree the nature and scope of the technical support to be provided by the Ministry;

5.26.2 provide to the governance entity the agreed technical support; and

5.26.3 not be required to provide financial support for the preparation of that plan.

5.27 To avoid doubt, the poutiaki plan does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights (including rights under the Marine and Coastal Area (Takutai Moana) Act 2011) over the poutiaki area.

The Cook Strait forum 5.28 The Wellington Regional Council has agreed that it will convene an annual Cook Strait forum.

5.29 Within six months after the settlement date, the Minister for Treaty of Waitangi Negotiations will write to the entities identified in clause 5.31 inviting those entities to participate in the annual Cook Strait forum to be convened by the Wellington Regional Council.

5.30 The letter referred to in clause 5.29 will propose that the Cook Strait forum will:

5.30.1 take place annually for the purpose of co-ordinating and sharing information, and discussing issues of concern over the Cook Strait coastal marine area within the jurisdiction of the relevant councils;

5.30.2 be co-chaired by the relevant councils; and

5.30.3 be conducted in accordance with terms of reference that will be developed by the relevant councils and confirmed by the Cook Strait forum. A definition of the applicable coastal

marine area of the Cook Strait, for the purposes of the forum, will be outlined in the terms of reference.

5.31 The entities referred to in clause 5.29 are:

5.31.1 the governance entity;

5.31.2 other iwi with interests in Cook Strait;

5.31.3 Wellington Regional Council;

5.31.4 Marlborough District Council;

5.31.5 Department of Conservation;

5.31.6 Ministry for the Environment;

5.31.7 Ministry of Business, Innovation and Employment;

5.31.8 Ministry of Transport;

5.31.9 Maritime New Zealand;

5.31.10 Transpower; and

5.31.11 Biosecurity New Zealand.

5.32 The Cook Strait forum may, from time to time, invite other entities to attend a Cook Strait forum.

5.33 The entities referred to in clause 5.31 will meet their own costs relating to participation in the Cook Strait forum.

5.34 To avoid doubt, the Cook Strait forum is not a committee or joint committee of a local authority under the Local Government Act 2002.

AREA FOR THE POUTIAKI PLAN 8

8 Ngāti Toa Rangatira Deed of Settlement Attachments: Deed Plan OTS-068-74

Appendix 3: Coastal Statutory Acknowledgement

The following clauses are taken from the Ngāti Toa Deed of Settlement and are considered relevant for consideration in relation to the Proposal.

5.37 The parties acknowledge that the coastal statutory acknowledgement provided for under clause 5.39.1(a) applies to the coastal marine area of Te Tau Ihu as a whole, but that the individual iwi with interests in Te Tau Ihu have particular areas of interest within that coastal marine area.

5.38 Ngāti Toa Rangatira acknowledge that they intend to exercise any rights under the coastal statutory acknowledgement provided for in clause 5.39.1(a) in a manner that is consistent with tikanga.

5.39 The settlement legislation will, on the terms provided by sections 24 to 33 of the draft settlement bill:

5.39.1 provide the Crown ‟s acknowledgement of Ngāti Toa Rangatira ‟s statement of coastal values in relation to Ngāti Toa Rangatira ‟s particular cultural, spiritual, historical, and traditional association with:

(a) Te Tau Ihu coastal marine area (as shown on deed plan OTS-068-70);

(b) Cook Strait (as shown on deed plan OTS-068-38);

(d) Wellington Harbour (Port Nicholson) (as shown on deed plan OTS-068-40);

(e) Thoms Rock / Tokahaere (as shown on deed plan OTS-068-41);

(f) Kapukapuariki Rocks (as shown on deed plan OTS-068-42);

(g) Toka-a-Papa Reef (as shown on deed plan OTS-068-43); and

(h) Tawhitikurī / Goat Point (as shown on deed plan OTS-068-44);

5.39.2 require:

(a) relevant consent authorities, the Environment Court, and the New Zealand Historic Places Trust to have regard to the statutory acknowledgement;

(b) relevant consent authorities to forward to the governance entity:

(i) summaries of resource consent applications affecting a relevant area; and

(ii) copies of any notices served on the consent authority under section 145(10) of the Resource Management Act 1991; and

(c) relevant consent authorities to record the statutory acknowledgement on certain statutory planning documents under the Resource Management Act 1991;

5.39.3 enable the governance entity, and any member of Ngāti Toa Rangatira, to cite the statutory acknowledgement as evidence of Ngāti Toa Rangatira ‟s association with all or any part of the areas;

5.39.4 enable the governance entity to waive the rights specified in clause 5.39.2(a) and (b) in relation to all or any part of the areas by written notice to the relevant consent authority, the Environment Court or the New Zealand Historic Places Trust (as the case may be); and

5.39.5 require that any notice given pursuant to clause 5.39.4 include a description of the extent and duration of any such waiver of rights.

5.40 The statement of coastal values is in part 2 of the documents schedule.

COOK STRAIT COASTAL STATUTORY ACKNOWLEDGEMENT 9

9 Ngāti Toa Rangatira Deed of Settlement Attachments: Deed Plan OTS-068-38

TE WHANGANUI -Ā-TARA /WELLINGTON HARBOUR COASTAL STATUTORY ACKNOWLEDGEMENT 10

10 Ngāti Toa Rangatira Deed of Settlement Attachments: Deed Plan OTS-068-40