Cultural Impact Report Dry Creek Replacement Cleanfill September 2012 Te Rūnanga O Toa Rangatira Inc Whakatauki Toitu te Marae o Tane, Toitu to Marae o Tangaroa, Toitu to Iwi. If the domain of Tane survives to give sustenance, And the domain of Tangaroa likewise remains, So too will the people. 2 Table of Contents Introduction 5 Te Runanga o Toa Rangatira Inc 7 Ngati Toa Rangatira 8 • Ngati Toa Origins and Heke south 8 • The Ngati Toa Empire 9 Ngati Toa Rangatira Rohe 9 Ngati Toa’s Customary Rights 10 • Customary Rights • Ngati Toa’s Traditional Relationship 11 with the Project area 12 • Crown Strategy to undermine Ngati Toa Polity 12 • Continuous Presence 13 13 • Key Findings of the Waitangi Tribunal Cultural Significance 15 • Te Ao Maori 15 • Assessment of cultural significance 17 Assessment of Cultural Effects 20 • Freshwater Effects 20 • Removal of Native Vegetation 23 • Erosion and Sediment • Waahi tapu 23 24 3 Mitigation of Cultural Effects 26 • Streams 26 • Native Vegetation 27 • Sediment 28 • Waahi Tapu 28 28 • Monitoring 29 • Memorandum of Understanding Conclusion 30 Appendix I – Brief of Evidence of Richard 33 Boast 34 Appendix II – Te Rauparaha 35 Appendix III – Te Rangihaeata 36 Appendix IV – Taupo Pa 37 Appendix V – Te Rangihaeata’s Pa 38 Appendix VI – Boulcott’s Stockade 39 Appendix VII – Battle Hill 4 Introduction Te Runanga o Toa Rangatira Inc has been engaged by Winstone Aggregates to prepare an assessment of cultural effects for the Dry Creek Replacement Cleanfill. This is located on private land adjacent to Belmont Regional Park, off State Highway 58. We understand that resource consent is being sought for the deposition of approximately 1.75 million cubic metres of clean fill at this new site which is required to replace the current Dry Creek Cleanfill expected to reach full capacity in the near future. The cleanfill footprint will be approximately 13.9 ha in area and will be focussed within the lower half of a large gully of the application site. We understand the cleanfill application will fill a large area of the main gully and most of the smaller side gullies, which will be re-vegetated for farming use following the completion of infilling. However the upper sections of the gully will remain unaffected which will enable regenerating and mature native vegetation to remain in tact and could benefit from potential future protection through stock exclusion opportunities. However the proposed work includes removal of existing native vegetation, topsoil stripping and bulk earthworks. Associated with this work is the culverting of the side gullies as they are progressively filled with the overburden. An unnamed tributary of the Pauatahanui Stream, which flows through the gully, will also be impacted by diversion and culverting works associated with the development of the site. A number of other waterways are also potentially impacted by the proposal. The following is an assessment of potential cultural effects arising from the proposal. However the conclusions drawn in this report can only be considered preliminary at this stage as the full body of information required for a comprehensive assessment of cultural effects was not available at the time of writing this report. The only technical reports considered as part of this assessment were the draft terrestrial and stream ecology reports which do not include the full range of mitigation proposed to address ecological effects. The consultation document provided by Winstones was the only other piece of information considered for this report. In order to complete this assessment and confirm conclusions reached in relation to cultural effects it will be necessary to review the full application and assessment of effects when this information becomes available. 5 Finally, it is important to note that Raukura Consultants have also completed a cultural impact report for this proposal. This has been undertaken in association with Wellington Tenths Trust and Port Nicholson Block Settlement Trust. Neither of these Trusts have Tangata Whenua status within the area of the application. Ngati Toa is the only Iwi with recognised manawhenua rights and interests within the Porirua district. This is affirmed through Ngati Toa’s historical and contemporary relationships with the area (discussed at pp12-15), including recognition by Porirua City Council of Ngati Toa’s status as Tangata Whenua within Porirua, as well as the recent findings of the Waitangi Tribunal and Ngati Toa’s Treaty settlement with the Crown which preclude the claims of all other iwi to Porirua. Therefore, it is Ngati Toa’s position that the report produced by Raukura Consultants does not represent the views of the Tangata Whenua who, in this case, are Ngati Toa. While we acknowledge that most of the report and its recommendations are not necessarily inconsistent with ours, it still has no legitimate status and should not be given any weight in considering potential cultural effects. In terms of the historical background provided in the report, we consider that this downplays Ngati Toa’s role and involvement in significant historical events played out in the Pauatahanui area that were, in fact, part of the Crown’s deliberate strategy aimed at targeting Ngati Toa (discussed at pp 12- 15). To provide a comprehensive historical context for these events, we have included (as Appendix I: pp29-36) a document presented to the Waitangi Tribunal during the Ngati Toa hearing in 2003. The historical context is important in understanding the cultural significance of the application site and the potential cultural effects arising from the proposed cleanfill development. 6 Te Runanga o Toa Rangatira Inc This report has been prepared by Te Runanga o Toa Rangatira Inc, on behalf of Ngati Toa Rangatira (Ngati Toa). The Runanga is the administrative body of Iwi estates and assets, and deals with the political and public issues of national interest through the management of relevant activities such as Treaty of Waitangi claims, customary fishing activities, tourism, health and medical services, vocational training and resource management. The overall vision of the Runanga is: “To promote the mana of Ngati Toa Rangatira by enhancing the social, economic, educational, cultural and spiritual development of all whanau 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.” In pursuit of this vision, the Runanga is mandated to exercise Kaitiakitanga on behalf of Ngati Toa. This involves taking responsibility for protecting Ngati Toa’s customary interests and promoting the sustainable management of the environment within Ngati Toa’s tribal area. However Ngati Toa’s ability to carry out Kaitiakitanga has been seriously undermined since the alienation of our lands and resources to the Crown in 1847. Today, the Resource Management Act represents one of the few avenues available to Ngati Toa for the expression of Kaitiakitanga. The RMA provides the opportunity for Ngati Toa’s involvement in local government planning and processes in relation to environmental matters. This includes the opportunity to have input into resource consent applications, such as this one. In this sense this report is an exercise in kaitiakitanga as it enables Ngati Toa to assess the significance of any cultural effects and to recommend mitigation as necessary to address these effects. The paramount concern of Ngati Toa is always the protection of ‘mauri’ (life force) present in all aspects of the natural world, with a view to ensuring the overall health and wellbeing of the environment and its human inhabitants. 7 Ngati Toa Rangatira Ngati Toa Origins and Migration South Ngati Toa is a tribe belonging to the Tainui waka. The Iwi’s eponymous ancestor was Toa Rangatira - a renowned chief who lived in the 17 th Century. Ngati Toa’s traditional homeland was at Kawhia on the coast west of the heartland of Tainui. However as a consequence of the pressure from our Waikato neighbours and the attractions of the Cook Strait as a place to settle and trade with the pakeha, Te Rauparaha led Ngati Toa in a historic resettlement from the Kawhia region to the Cook Strait. By 1840 Ngati Toa was established as the pre-eminent Iwi dominating the Kapiti, Porirua, Wellington and Te Tau Ihu (northern South Island) regions. Ngati Toa held a maritime empire founded on a virtual monopoly of access to European goods and trade in the Cook Strait region. Ngati Toa possessed a de facto military and economic power that was widely recognised and acknowledged by both Maori and European. The Crown recently acknowledged this dominance in submissions to the Waitangi Tribunal and negotiations for the settlement of the Ngati Toa claim will address the loss Ngati Toa suffered as a result of Crown actions shortly after the signing of the Treaty. 8 The Ngati Toa Rohe Ngati Toa’s rohe (tribal area) is traditionally described as being from Whangaehu in the north, the Tararua ranges to the east, south by Turakirae Heads to Kaikoura and west to Arahura, then returning to Whangaehu. The rohe spans a large number of local authorities. It includes both rural and urban areas, as well as a diverse range of landscapes from the Manawatu plains to the Marlborough Sounds and the North Canterbury high country. It is also important to understand that Ngati Toa’s rohe is not solely focused on the land, but that the waters of the Cook Strait are at the heart of the rohe and are as integral to our association with this area as the land. 9 Ngati Toa’s Customary Rights Customary Rights Ngati Toa’s customary rights within the rohe derive from two tikanga (or customary law) principles of raupatu and ahi kaa. Raupatu Rights through raupatu or conquest arise from a number of key incidents that clearly show that Ngati Toa subdued the iwi who were present in the rohe and as a result obtained rights through raupatu.