High Court Blank Document

High Court Blank Document

In the Waitangi Tribunal Wai 1040 Te Paparahi o Te Raki Inquiry District Wai 1661 In the Matter of the Treaty of Waitangi Act 1975 And In the Matter of Te Paparahi o Te Raki Inquiry District (Wai 1040) And In the Matter of a claim by Moana Nui A Kiwa Wood, Terry Smith and Waitangi Wood on behalf of themselves and the descendants of Ngati Rua ki Whangaroa (Wai 1661) Brief of Evidence of Dean Andrew Baigent-Mercer Dated 31 October 2016 Morrison Kent Lawyers Wellington and Auckland Wellington Office Persons Acting : Dr B D Gilling / S P Gunatunga Telephone : (04) 472-0020 Facsimile : (04) 472-0517 Box : 10-035 DX : SP20203 woo1000-001_211.docx 1 May it please the Tribunal Ko Whariti te maunga Ko Manawatu te awa Ko SS Corinthic te waka Ko Ngati Pakeha te iwi Ko Dean Baigent-Mercer ahau E noho ana ahau ki Otangaroa iaianei. 1. I have been an environmental activist, researcher and writer for 20 years nationally and internationally with a range of organisations (including Greenpeace, Forest & Bird and Native Forest Action). These decades have seen the mahi continue if it was paid or not. 2. My current role as the Northland Conservation Advocate for Te Reo o te Taiao/Forest & Bird has allowed me to delve deep into this kaupapa. 3. I have a love of the natural world, the history of these islands and a passion for social justice. 4. It is through my experiences, observations and many, many conversations with kaumatua, scientists, friends, history buffs, hunters and people who love and care about the natural world, Te Taiao, that we are all part of, that I have distilled and compiled the information in this brief. My intention is that this leads to the actions outlined in the recommendations. 5. For this, I acknowledge nga Kaumatua of Ngāpuhi-nui-tonu, Richard McIntosh (who compiled the essential information of mustelid and possum introductions and encouraged me to study Te Pipitanga in Rawene), Brad Windust, Craig Salmon and Alan Tennyson who have contributed to me and therefore this evidence. These four have visible and invisible contributions throughout the brief. woo1000-001_211.docx 2 6. This phase of evidence wouldn’t have come about without encouragement and research assistance from te Whangaroa Papa Hapu, nga mihinui ki Aunty Pat Tauroa, Robyn Tauroa, Hinemoa Pourewa and Waitangi Wood. The Papa Hapu o Whangaroa and the late Uncle Sonny George of Te Kapotai gave permission to film northern Whangaroa and Russell State Forest from a drone. Thanks must also go to Kevin Hackwell from Forest & Bird and Hone McGregor who have supported this mahi, and the late Jacqui Barrington and Diane Robb. 7. Nga mihi aroha ki toku whanau (Mercer whanau, Harwood whanau – especially my Nana Baigent and Nana Mercer who taught me joys of gardening as a tamaiti), my encouraging high school history teacher Rod Holm, nga tangata o Ngāpuhi-nui-tonu, Te Whanau-a-Apanui ma, all of whom have contributed to me and my world views and understanding of what has gone before; and to kaumatua Bruce Stewart and whanau of Tapu te Ranga Marae, Island Bay, Wellington who opened up opportunities to me many years ago that not many Pakeha have had. 8. And thank you too, to whoever is reading this feeling unacknowledged. You are in my heart. 9. This brief must have a life beyond being submitted to the esteemed attention of the Waitangi Tribunal to turn around the various disasters outlined. 10. A very different kind of future must be carved and woven to right so many wrongs. 11. I am looking forward to it. But firstly, the evidence: Nga Tamariki oTane Mahuta Issues/Grievances 12. From 1840 the New Zealand Government has consented to and encouraged the introduction of invasive species (stoats and weasels) or sanctioned the release of species by Acclimatisation Societies (including possums, mynahs, deer and hedgehogs) which have increased rapidly in numbers and degraded native forests, dunelands and other ecosystems. woo1000-001_211.docx 3 13. The many diverse impacts of these animals has reduced native wildlife and plants and their abilities to multiply and regenerate, and in some cases pushed species to extinction in Te Tai Tokerau. These introductions have impacted Ngapuhi hapū in many different ways, including being able to make the initial informed decisions over these introductions that might affect their rohe, and from the disappearance of rongoa to the lack of native birds for food to eat and feathers to use in korowai, to the current collapse of native forests, and much more as evidenced in this brief. Introduction of Stoats and Weasels 14. Rabbits were introduced around Aotearoa by European settlers for food and sport shooting from the 1830s. Because of rabbits’ successful and plentiful reproductive abilities and lack of natural predators, in some regions rabbit populations exploded. This heavily impacted early attempts at pastoral farming. 15. In the 1870s there was widespread panic from farmers over rabbit plagues in Otago and Southland and investigations into solutions began. 16. In determining if stoats and weasels should be introduced as a measure to deal with the rabbit plague, the Government acted against many experts of the time including the expert advice from Professor of Zoology, Alfred Newton, of Cambridge University to both the Agent General in 1876, and the issues he outlined in letters to the Otago Daily Times. 17. The following except is taken from one such letter to the Otago Daily Times, published 18 October 1876: 18. He warned, should mustelids (stoats, ferrets and weasels) be released ‘…you may bid goodbye for ever to all your brevi-pinnate [flightless or short-winged] birds, as well as to others of your native species, which, of course, have no instincts to protect themselves against such blood-thirsty enemies...”. woo1000-001_211.docx 4 19. “In New Zealand… [ferrets] would doubtless, if once let loose, obtain a mastery over everything living, and it is ridiculous to suppose they would confine their destructive powers to rabbits...”1 20. Sir William Tyrone Power was a veteran of the Northern War and the conflicts around Wellington and Whanganui from 1845 to 1848. He was appointed Agent-General in 1876. Sir William "Presented to both Houses of the General Assembly by Command of his Excellency" and therefore had access to expert advice tabled in Parliament, prior to the mustelid introductions. 21. He also had correspondence with Professor Newton in 1876 concerning the introduction of mustelids. Professor Newton encouraged other methods of rabbit control “...without having recourse to the expedient of letting loose ferrets, stoats, or other predatory beasts, which cannot fail eventually to produce far greater mischief than that which they are intended to remedy”. I know that the Colony of New Zealand has been at a very considerable expense in introducing pheasants, partridges, and various other birds, but all this will have been incurred to no purpose if they are to be followed by their enemies, for ferrets and stoats are every bit as destructive to them – especially such birds as have their nests on the ground – as to rabbits. In proof of which is the fact that these Mustelidae have been almost extirpated in every game preserve in England, and there is no gamekeeper in this country who does not wage incessant war against them. The native birds of New Zealand also are still more certain to fall a prey to them than the introduced kinds...2 22. Despite this being the best advice of the time, it appears not to have been taken into account in the final decisions that resulted in the Rabbit Nuisance Act which allowed the introduction of mustelids. 1 http://paperspast.natlib.govt.nz/cgi-bin/paperspast?a=d&cl=search&d=ODT18761018.2.20. 2 http://atojs.natlib.govt.nz/cgi-bin/atojs?a=d&d=AJHR1877-I.1.1540&e=-------100--1------0Professor+Newton--. woo1000-001_211.docx 5 23. Mr William Smith of Kaikoura was interviewed by the select committee in 1876 and was recorded in the ‘Report of the Rabbit Nuisance Committee’ as saying: From my own knowledge of weasels and stoats, I believe they would merely go into the bush after the small birds and leave the rabbits alone.3 24. Despite widely-known expert opinion, the Rabbit Nuisance Act was passed allowing the introduction of the mustelids and the Government of the day spent a lot of time making sure the stoats and weasels methodically brought from the other side of the world would survive. 25. There had been enormous political pressure from farmers to introduce these animals. No Maori were noted as being part of this decision-making process. 26. Biologist Dr Bob Brockie describes the devastating impact of the introduction of stoats4: Large numbers of stoats (Mustela erminea) were brought from Britain in the 1870s to control ‘verminous rabbits’. They immediately spread to the bush, where they preyed on native animals. Stoats are energetic, bold and versatile hunters, foraging in every hole, under any cover and up the tallest trees. They are also good swimmers. By 1910, many native birds had disappeared. Together with rats and cats, stoats have contributed to the extinction of huia, bush wrens, native thrushes, laughing owls and quails. They also exterminated stitchbirds, saddlebacks, kākāpō and little spotted kiwi from the mainland. Today, stoats live from North Cape to Bluff, on mountains, in farmland, scrub and bush. In the bush, they eat more birds than 3 https://atojs.natlib.govt.nz/cgi-bin/atojs?a=d&cl=search&d=AJHR1876-I.2.2.5.6&srpos=1&e=-------100--1------ 0william+smith+weasels+stoats--.

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