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Te Wai Pounamu - Te Mana o Te Wai Case Study Executive Summary
1. EXECUTIVE SUMMARY .................................................................................................................................. 3
2. KEY FINDINGS ................................................................................................................................................. 3
3. RECOMMENDATIONS .................................................................................................................................... 5
4. STUDY PURPOSE ........................................................................................................................................... 8
5. STUDY APPROACH ........................................................................................................................................ 8
6. STUDY ANALYSIS ......................................................................................................................................... 12
6.1 Importance of Water to Mana Whenua ............................................................................................... 12
6.2 Scope of Water Management ................................................................................................................ 13
6.3 Giving Effect to Iwi Rights and Interests ........................................................................................... 15
6.4 Challenges ................................................................................................................................................. 16
6.5 Resourcing and Capacity ....................................................................................................................... 17
APPENDIX ONE: SCAN OF INSTRUMENTS ........................................................................................................ 19
APPENDIX TWO: TE MANA O TE WAI ................................................................................................................. 50
APPENDIX THREE: GAP ANALYSIS ........................................................................................................................ 58
APPENDIX FOUR: RESOURCE NEEDS ................................................................................................................. 68
APPENDIX FIVE: MARLBOROUGH RPS ............................................................................................................ 75
APPENDIX SIX: OTAGO RPS ANALYSIS ........................................................................................................ 148
contact person Donna Flavell I General Manager – Strategy & Influence I Te Rūnanga o Ngāi Tahu
donna.flavell@ngāitahu.iwi.nz I Phone (03) 363-8912 I PO Box 13-046 I Christchurch
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Te Rūnanga o Ngāi Tahu Executive Summary
1. EXECUTIVE SUMMARY Managing water within Te Wai Pounamu in a way that addresses iwi rights, interests and values, that meets aspirations for iwi, hapū and whānau for Te Mana o Te Wai, is a significant and on-going challenge. The short duration of this study has resulted in a high level assessment of the nature of that challenge for iwi, for local government and for central government policy setting.
Given the magnitude of this task for mana whenua in Te Wai Pounamu, to a large extent it has been necessary to draw upon work already done by iwi or hapū within the selected regions of Marlborough, Otago and Southland in order to answer the questions raised through the study. This report is a compilation of the efforts of Te Ātiawa o Te Waka a Māui Trust representatives in Waikawa, Kāi Tahu ki Otago Limited and Te Ao Marama Inc on behalf of the Papatipu Rūnaka within Otago and Southland.
While each of the mana whenua groups have brought a different perspective to the study, common threads have emerged around the high value placed on water and the importance of water management to iwi. The value of water to mana whenua is negatively impacted by fragmentation within the statutory water management framework. The significant resource pressures experienced by iwi, hapū and whānau limit their ability to influence water management to the extent desired or necessary to fully reflect iwi rights, interest, values, and aspirations for Te Mana o Te Wai.
2. KEY FINDINGS A number of observations were made in the milestone reports provided to the Ministry during the four phases of the study, based on what mana whenua had to say about each of these four themes:
the nature and extent of water management instruments operating within their rohe
their aspirations for Te Mana o Te Wai
the ability of existing instruments to provide for those aspirations, and
what would be needed to improve things to better meet iwi objectives for Te Mana o Te Wai.
Relevant observations and primary findings from the milestone reports are listed below.
F1: Regional Policy Statements and Regional Plans typically give some
recognition to iwi interests and values in water management, and mana
whenua are involved in their development.
F2: There is a lack of consistency within regions and between regions around the
involvement of mana whenua in development of water management tools of a
similar nature. For example, some river catchment reports may reference iwi
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interests, rights and values and involve mana whenua input, while others may
not. While these reports ultimately input to and influence regional policy and
planning decisions, the lack of consistency regarding iwi input creates
significant challenges for iwi.
F3: When water studies are conducted by research institutions or private entities,
the resulting reports are not always accessible by mana whenua, although
they may influence water management in the region.
F4: There are an enormous number of statutory, regulatory and non-legislative
tools impacting on water management, or with the potential to impact water
management (see Appendix One). Mana whenua representatives
discovered some of these instruments for the first time as a result of this case
study, and are now considering their potential as tools to contribute to mana
whenua aspirations for their wai.
F5: The complexities around the various statutes managing water, or with the
potential to impact water management, present challenges to mana whenua.
Particularly, in the way they interact to impact on mana whenua aspirations
for their wai. For example, territorial authority Asset Management Plans
created under the Local Government Act influence the development of local
infrastructure which can impact water. Similarly, Reserve Management Plans
developed under the Reserves Act provide potential opportunities for riparian
management to improve water quality.
F6: There are existing iwi management plans and iwi statements on water rights,
interests and values, and preferences for water management, present in all
three study areas. These are available as references for agencies and other
stakeholders as a starting point to understand iwi rights, interests and values
in relation to water.
F7: Common themes are present in the statements of mana whenua in each of
the study areas, particularly around whakapapa, kaitiakitanga, ki uta ki tai,
and the responsibility of current tangata tiaki to maintain and enhance the
quality and quantity of water for future generations.
F8: Clear signals are provided in the statements of each iwi grouping regarding
expectations for water management in their rohe, including outcomes for
waterbodies, the role of iwi, and the need to think holistically (ie ki uta ki tai) to
meet mana whenua aspirations for water.
F9: Quality relationships with local authorities are sought after and highly valued
by iwi and hapū.
F10: Iwi and hapū within Te Wai Pounamu are looking for constructive and
proactive approaches to water management that reflect their aspirations for
Te Mana o Te Wai.
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F11: There are regional differences in the level of satisfaction of mana whenua
when it comes to water management processes and outcomes.
F12: There are elements of water management for which workload demands
cannot be reliably predicted (e.g. resource consent processes).
F13: The current resources available to the mana whenua groups (even in a post-
Settlement environment) are not sufficient to meet all the demands of full
participation in water management.
3. RECOMMENDATIONS Insights provided by mana whenua through the course of this study, and the resulting findings, fit within the wider context of the national discussion between iwi and the government around water and Te Mana o Te Wai. Analysis contained within this report incorporates that national context, while being informed by the Te Wai Pounamu experience.
The following recommendations include general recommendations for the Treaty partners involved in water management (ie iwi, local and central government), as well as recommendations specific to mana whenua and recommendations specific to government.
General Recommendations
R1: Establish and recognise Te Mana o Te Wai as the overarching framework for
water management, and by association land management as this directly
impacts on water, particularly use and quality.
R2: Statutory and regulatory frameworks need to recognise and provide for Te
Mana o Te Wai as an overarching korowai for environmental management.
Currently this model is inverted – iwi rights, interests, values and aspirations
are subsidiary to statutory and regulatory frameworks and there is limited
scope for recognising and providing for identified rights, interests and values.
R3: Te Mana o Te Wai provides a focal point for recognition of iwi rights, interests
and values, while also providing flexibility for iwi and hapū (as well as the
wider community) to identify at both a catchment and sub-catchment level the
range of values and attributes for a particular place.
R4: Capability and capacity is a key issue for all parts of the water management
regime. This needs to be a key focus for not only iwi and hapū, but councils
and central government agencies as well. This includes both a need to
increase skill and education levels across the Board, as well as increasing the
resources available to mana whenua to support their participation in water
management in particular. The current workstreams being progressed
between the Water Iwi Leaders Group (ILG) and central government include a
focus on capacity and capability. This case study has highlighted the
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importance of the issue, both for iwi, and for government agencies (both
central and local) if iwi rights, interests and aspirations are to be effectively
recognised and provided for, and the shared aspirations for improving water
quantity and quality outcomes are to be achieved.
R5: Recognise the cost to mana whenua of providing input into statutory and
regulatory regimes.
R6: Establish a sustainable regime or system for resourcing and facilitating iwi
engagement. Sustainable ways must be found to support iwi engagement
and to maintain a sustainable level of resourcing in iwi/hapū organisations.
This is relevant to planning, but also assessment of permit applications and
monitoring and enforcement of permit conditions.
R7: Focus on the outcomes, not just the process.
R8: Establish a meaningful Treaty partnership by establishing a common
language between mana whenua, government and regulatory agencies and
an increased understanding among resource managers of the Māori world
view as well as mana whenua rights, interests, values and aspirations.
Recommendations for Iwi and Hapū
R9: Prioritise regular engagement with iwi, hapū, rūnanga, marae (and any other
relevant structures) to identify priority environmental and natural resource
management issues, and establish positions. A proactive approach needs to
be taken to identify iwi aspirations and priorities to ensure that all are well
positioned to engage with statutory and regulatory processes and timeframes
when required.
R10: Iwi Management Plans are useful tools for focusing mana whenua on
aspirations and priorities, but not an end point in themselves. They are a tool
to support iwi, hapū, and rūnanga identify their rights, interests and values,
but do not replace the need for engagement based on partnership between
iwi and the Crown (including central and local government, and through them
resource users). Iwi Management Plans are not fixed in time and need to be
updated to continue to reflect changing aspirations and priorities of iwi.
R11: Continue to seek opportunities to develop strong partnerships with the
appropriate range of agencies and councils outside of statutory processes.
Engaging via consultation led by central government or council agencies, or
submitting on plans and consents, is necessary but neither a partnership, nor
sustainable in the long term.
R12: Build awareness of the timeframes for upcoming regulatory and policy
frameworks (eg Regional Policy Statements and Plans, District Plans, Long
Term Plans, Annual Plans). Where possible develop understanding of
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upcoming processes, plan and prepare ahead before statutory timeframes
constrain the ability to hui and kōrero. Mana whenua need to be prepared
and proactive, rather than reactive to external frameworks, pressures and
timeframes.
R13: Identify and develop iwi generated measures and indicators for success.
Share these with Councils and government agencies. Follow through with
monitoring and evaluation of outcomes.
Recommendations for Central and Local Government
R14: Recognise the pressures on iwi to contribute across multiple platforms and
kaupapa – seek ways to engage collectively on similar issues. Appreciate
time pressures on iwi – involved in multiple platforms, multiple take with
extremely limited resources. Identify opportunities for iwi aspirations to be
recognised across multiple platforms in a consistent form. For example,
Murihiku identified Te Mana o Te Wai as an overarching theme for their
environmental management issues. As highlighted above this should form a
korowai that all legislative and regulatory frameworks should recognise and
provide for in practice.
R15: Ensure iwi have the resources needed to establish a proactive and strategic
approach to engagement – capacity and capability. This needs to be
sustainable.
R16: Ensure central and local government staff, particularly the leadership
responsible for engagement with mana whenua and for recognising and
providing for mana whenua interests, are adequately educated on Māori world
views to a level where they can engage in an equal partnership discussion
with mana whenua.
R17: Find a way to connect up the currently disparate and fragmented
management system and seek opportunities to increase/promote ki uta ki tai
thinking – removing artificial barriers/silos that compartmentalise the
environment. This is highlighted in the recent report of the Parliamentary
Commissioner for the Environment (PCE)1 and Iwi Leaders Group
submissions with regard to treatment of estuaries, which are about the
connection with water as much as the Coastal Marine Area.
R18: Ensure national level regulation and policies enable flexibility to provide for
local iwi and hapū aspirations.
R19: Engage mana whenua in monitoring environmental outcomes. Based on the
outcomes of monitoring, commit to working with mana whenua to adjust
regulatory regimes to ensure expected outcomes are achieved.
1 Water Quality in New Zealand: land use and nutrient pollution, June 2015
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Te Rūnanga o Ngāi Tahu Study Purpose
4. STUDY PURPOSE
The Te Wai Pounamu - Te Mana o Te Wai Case Study is one of four case studies being undertaken across Aotearoa focused on various aspects of iwi rights and interests in water. This study has been funded by the Ministry for the Environment and conducted by iwi and hapū within Te Wai Pounamu.
The Te Wai Pounamu Case study is intended to provide a Te Wai Pounamu perspective on iwi rights and interests in Wai Māori (water) and to assist mana whenua within the motu to assess the current state of regulatory and planning systems within their respective rohe, as well as inform government policy setting.
The Project Objectives for the Te Wai Pounamu Case Study were established to:
1. Identify the full range of regulatory and planning instruments that regulate activities or impact on Te Mana o Te Wai in the Southland, Otago and Marlborough regions
2. Identify existing articulations of iwi rights, interests and values that contribute across all relevant instruments
3. Identify and prioritise the resource needs of mandated mana whenua representatives involved in regional planning processes
4. Assess how effectively the relevant instruments, both individually and collectively, recognise and provide for the identified iwi values and Te Mana o Te Wai
5. Plan the comprehensive forward work programme of water planning that regional councils are intending to undertake within the regional study areas in the medium term
6. Evaluate the points of leverage open to iwi throughout the water planning processes (eg collaborative planning)
5. STUDY APPROACH
Within each of the study areas, a lead entity took responsibility for co-ordinating the response from a local mana whenua perspective. Management of the study and compilation of reports was facilitated by Te Rūnanga o Ngāi Tahu.
Resource management experts employed by the Te Ātiawa o Te Waka a Māui Trust in Waikawa took the lead for the Marlborough region. An initial hui was called to gather together representatives of all the Te Tau Ihu iwi with interests in the region to enable their participation in the study. Te Ātiawa, Ngāti Koata, Ngāti Kuia and Ngāti
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Apa participated in that hui, but once the workload became clear, only Te Ātiawa had capacity to complete the four phases of the study within the timeframe available. All Te Tau Ihu iwi are newly settled with priorities related to establishing themselves as post-Settlement entities, which puts immense strain on iwi resources. Te Ātiawa had resource management capability which enabled them to participate actively, although timeframes and resource constraints were a significant issue throughout the duration of the study. The commitment of the resource management staff to complete each phase is appreciated by the project team. They have brought forward the iwi voice for the Marlborough region in this report through their dedication in the face of significant competing priorities.
Kāi Tahu ki Otago Limited (KTKO) were the lead agency for the Otago region, representing the views of the four Papatipu Rūnaka who hold mana whenua in this region, including Moeraki Rūnaka, Te Rūnanga o Ōtākou, Kāti Huirapa ki Puketeraki and Hokonui Rūnaka. Although there was provision for hui, due to the tight timeframes of the study no hui were held. KTKO routinely work on behalf of Papatipu Rūnaka within resource management processes, relying on a combination of recorded positions and direct engagement with Rūnaka members as a basis for responding in those processes. Responses provided by KTKO during this study relied on the same combination of sources. Resource constraints were encountered by KTKO in the final two phases of the study as a consequence of an unexpected increase in workload for staff, which is an indication of how fragile capacity can be for iwi representatives, even those that are well established entities.
Te Ao Marama Incorporated (TAMI) were the lead agency for the Murihiku region, representing the views of the Papatipu Rūnaka who hold mana whenua in Murihiku, including Hokonui Rūnaka, Awarua Rūnaka, Ōraka-Aparima Rūnaka and Waihopai Rūnaka. An initial hui was held with TAMI Board members, who consist of Rūnaka representatives. As with KTKO, TAMI work on behalf of Papatipu Rūnaka within resource management processes, relying on the same combination of recorded positions and direct engagement as a basis for responding in those processes, with a similar approach taken to this study. TAMI were able to draw on work already underway in the region, including a project aimed at better reflecting iwi rights, interests and values in water through the fusion of Mātauranga Māori and standard science approaches to water management issues. Having access to that existing project work was fortunate, given that case study timing coincided with the annual tītī harvest when a majority of Rūnaka members and TAMI staff are on the Tītī Islands.
The study was conducted in four phases, resulting in four milestone reports to the Ministry. At the start of each phase, the lead agencies were provided with, either questions designed to prompt narrative answers or a template to populate. The project team have advised throughout the study that answers provided in each phase could be modified at any time before completion of the study. This approach was necessary in recognition of the speed at which work was required to be completed to meet milestone reporting dates.
Phase One
The first phase of the study involved a scan of instruments in the region that related to water management or had the potential to impact on water management. A template was provided to the lead agencies, as shown in Appendix One, already populated with instruments found in an online search by the project team at Te Rūnanga o Ngāi Tahu. The lead agencies were then asked to add in any missing insutruments, and based on what they were able to establish in the time available, to indicate whether the instruments impacted iwi rights, interests and values in relation
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to water, and whether mana whenua had been involved in development of the instrument.
All of the lead agencies found this a challenging task due to the sheer number of instruments identified, and provided indications only where they were confident in the answer. Additional instruments were also added by the mana whenua in their responses, such as TAMI choosing to include the Ngāi Tahu Settlement Act instruments within the table.
There are clear limitations with the table, which is an incomplete picture. Despite those limitations, its content has contributed useful insight to the study, particularly in relation to the volume and spread of instruments present in each region, and also how fragmented the water management regime is from a mana whenua perspective.
Phase Two
The second phase of the study consisted of a series of questions asked of the lead agencies. Request was made for a list of resources containing iwi statements on their rights, interests and values in relation to water within the study areas. They were also asked to provide a two page expression of what Te Mana o Te Wai means for mana whenua in each region. The resulting responses are included in this report as Appendix Two.
Phase Three
The third phase of the study was originally intended to be an analysis of instruments identified in the first phase, in light of what was provided in the second phase. Such an analysis was well beyond the capacity of participants in the study, particularly given the short turn-around time for milestone reporting.
Two tools were provided to the lead agencies for the purposes of undertaking a basic gap analysis, a table and narrative questions.
The table consisted of elements of rights, interests or values identified in the second phase. A traffic light system was to be used to indicate the state of those elements within each region. Examples of particular elements taken out of the iwi statement in the second phase include “Iwi use – mahinga kai values” and “Wai tai – coastal water quality”. The traffic light system involved a choice between five states, as shown in the figure below.
Fig. 1: Gap Analysis - table interpretation guide
None of the lead agencies were comfortable using the table approach. A principal
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concern was the potential impact on local authority relationships.
The second tool provided was a set of narrative questions, with prompts to indicate various possible approaches to answering the questions in order to achieve the intent of the gap analysis, as shown below.
Question 1 Where have the greatest gains in water management been made to date for your iwi in your rohe?
- Within a particular statutory regime? (eg RMA, LGA, DOC)
- With a particular instrument? (eg RPS, MOU)
- Through particular relationships? (eg local authority, industry)
Question 2 What are the areas of water management that are disappointing in terms of the aspirations of your iwi for Te Mana o te Wai in your rohe?
- Recognition of rights, interests and values?
- Access to water for iwi purposes?
- State of wai taonga?
- Influence in governance and decision-making?
Question 3 What would be needed to fully reflect the rights, interests and values of your iwi in water in your rohe?
- What could improved recognition look like? – ie active Treaty partnership?
- What could improved access look like? – ie facility for allocation?
- How are wai taonga doing? – ie what would be different?
- What could improved Influence in governance and decision-making look like?
– ie council representation? Direct input to strategy and planning? Iwi
decision-makers?
Fig. 2: Gap Analysis – narrative questions
Different approaches were taken to providing answers to the narrative questions, which included reference to Regional Policy Statements in development and responses that did not directly reference the three prompt questions. The project team encouraged each lead agency to make statements that were accurate in relation to local mana whenua positions. The responses provided in Appendix Three reflect that approach. It was considered important by the project team that the voice of iwi and hapū should be recorded as they wanted and intended, rather than be restricted or moderated by specific direction.
Phase Four
The fourth phase of the study was focussed on resource requirements of iwi and hapū to engage in upcoming water management processes.
The lead agencies were provided with specific wording from the Ministry for the
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Environment Deed of Funding for this phase, as follows:
Fig. 3: Phase Four study requirements
Responses provided in relation to the stocktake and resourcing requirements are included in this report as Appendix Four.
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6. STUDY ANALYSIS
6.1 Importance of Water to Mana Whenua
Water is a critical resource to all iwi and is a central part of our identify as iwi, hapū, and whānau. For each of the mana whenua groups, their description of their relationship to water exemplifies its importance.
Te Ātiawa
Wai (water) is of great significance to Te Ātiawa – it is an essential element of life. As kaitiaki, Te Ātiawa Iwi believes that the maintenance of the mauri, or life-supporting capacity, of water is vital to the physical and spiritual health and well-being of all living things.
Water is a taonga. Water has been, and remains, an integral political, economic, cultural and spiritual taonga for Te Ātiawa. Te Ātiawa believes that the maintenance of the mauri, or life-supporting capacity of water is fundamental to ensuring the physical and spiritual survival of all living things. A water body with an intact mauri is able to sustain healthy ecosystems. Therefore, the well-being of our people depends on the well-being of river, stream and wetland ecosystem.
Kāi Tahu ki Otago
Water descends from our creation beliefs. The first mention of water is Te Mākū (moisture). Life came into being when Te Mākū mated with Mahoranuiātea, another form of water, and of this Rakinui was born. Rakinui had two wives, Poharuatepō and Papatūānuku. From the unions of Rakinui came the flora and
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fauna, the mountains and people. Kāi Tahu descends from Raki and his wives.
Kāi Tahu is therefore bound to the waters of Te Wai Pounamu through whakapapa.
The point of difference for Kāi Tahu is the spiritual relationship with the environment. Kāi Tahu are connected through spiritual beliefs with the atua and the environment created by those atua. The mana and hauora of Kāi Tahu is inextricably interwoven with the mana and hauora of waterways.
Waterways embody the mana of Kāi Tahu, regardless of the extent to which they have been manipulated.
Te Ao Marama
Water is central to all Māori life. It is a taonga left by our ancestors to provide and sustain life. It is for the present generation, as tangata tiaki, to ensure that the taonga is available for future generations in as good as, if not better quality - Mō tātou, a mō ka uri a muri ake nei – for us and our children after us.
Ensuring the health and wellbeing of water is a prerequisite for ensuring the continued health and wellbeing of mahinga kai resources and ultimately the people.
While these brief statements are by no means full articulations of the relationship of each iwi with water, the give an insight into the critical importance of water to the wellbeing of iwi.
6.2 Scope of Water Management
The Te Wai Pounamu Case Study has highlighted the extensive range of legislative, regulatory, and planning instruments that impact on mana whenua values in water resources within the respective regions. While some of these instruments will be regionally specific, mana whenua in other regions are also likely to be engaging with similar instruments.
Importantly from a mana whenua perspective, the Case Study has highlighted that many of the instruments mana whenua define as affecting their aspirations for improved water outcomes may not necessarily be targeted or directly focused on water quality issues. For example, Te Ao Marama highlighted that they work with a minimum of 13 different statutes and 20 different central and local government agencies, not counting the multiple range of private sector interests they interact with.
This highlights a need for a greater understanding of a Māori world view among government agencies and regulatory authorities, as well as private sector interests who work in, or rely on, the natural resources sector. This understanding of mana whenua views and aspirations is particularly critical at the regional/local level where most decisions are implemented. However, central government agencies developing national policy such as National Policy Statements and National Environmental Standards also need to ensure national instruments both adequately provide for iwi rights, interests and values, while also retaining sufficient local flexibility to enable
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mana whenua and local communities to reflect their local priorities and aspirations.
The Case Study has also highlighted that the formal connections between many of these instruments are at best tenuous and often non-existent. This creates a number of specific challenges for mana whenua seeking to engage with a range of instruments with a common objective of improving water outcomes. The lack of connectivity between instruments creates inconsistency, which means it is difficult for mana whenua to effectively input into the development of many of the instruments to ensure their core values and principles such as ki uta ki tai and kaitiakitanga are recognised and provided for as a whole. Also, where mana whenua are afforded the opportunity to input, this often requires them to duplicate their efforts across multiple processes, further exacerbating resourcing issues for iwi with already limited capacity. To even further complicate this issue, each instrument often has a completely different development or engagement process, requiring iwi to understand multiple processes and legislative frameworks if they want to engage effectively.
Where and how mana whenua are able to articulate their rights, interests and values also varies greatly. All three of the mana whenua groups who participated in this study have developed iwi environmental management plans as statements of their aspirations for natural resources in their respective rohe. There are also a number of other avenues they have used to articulate their aspirations, and rights, interests and values in relation to water. These include Settlement legislation, Regional Policy Statements and Plans, specific recognition of iwi interests in other tools, and for Ngāi Tahu, iwi wide plans such as the Te Rūnanga o Ngāi Tahu Freshwater Policy.
The existing statements of iwi rights, interests, values and aspirations highlight a number of repeating themes, especially values and principles such as whakapapa, kaitiakitanga, ki uta ki tai, mana, mauri, and tikanga. All iwi also have a collective focus on maintaining and improving water quality (and quantity). Together, these elements are all consistent with the Ngā Matapono ki Te Wai framework adopted by the Freshwater Iwi Leaders Group. In addition, each mana whenua group have also identified specific catchment and site-specific interests that further highlight iwi aspirations relevant to the management of these resources.
While iwi generally express their rights, interests and values in a consistent way, the legislative and regulatory frameworks we are reliant on to incorporate and give effect to iwi rights, interests and values vary greatly and often interpret iwi statements of their rights, interests and values differently than is intended by iwi. This is further exacerbated by decision makers having a largely limited knowledge of the Māori world view, and therefore being unable to give appropriate context to mana whenua views on their rights, interests, values and aspirations.
Mana whenua have control over how their interests are represented and articulated in Iwi Management Plans. However, on their own iwi management plans have little direct effect on water management and are reliant on other regulatory and legislative instruments, such as regional plans, adopting the provisions of the iwi plans. The effectiveness of regional plans and other instruments in adopting the provisions of iwi management plans is also variable.
While iwi management plans and other statements provide a useful resource for mana whenua, as well as a guide for other resource users and managers to their interests in water, adequately giving effect to these statements to achieve the outcomes mana whenua are seeking is still particularly challenging. This is especially problematic when resources have been degraded to such an extent they are unable to support many of the values the mana whenua hold for that waterbody.
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For example, Te Ātiawa have identified that the draining of water wetlands has had a significant impact on both the connection of mana whenua with those resources, and also their ability to undertake cultural practices such as mahinga kai. The destruction of wetlands has also further impacted on surrounding water quality, including coastal waters, as these wetlands areas also operated as natural filters. Both Ōtākou and Murihiku share similar experiences.
Addressing the impacts of these types of historical actions often goes beyond the scope of existing resource management tools. The ability of the regime to recognise and provide for iwi aspirations is also compromised by the fragmentation of the environment between different regimes. This effectively limits the ability of iwi to achieve their aspirations, or for their rights and interests to be adequately recognised and provided for in many instances. For example, TAMI noted that coastal waters are being compromised by differing regimes applying to various parts and not working together for the ora of the environment.
6.3 Giving Effect to Iwi Rights and Interests
Understandably, mana whenua place great value on establishing and maintaining positive relationships with councils as a central tenet of achieving improved environmental outcomes, including for water.
However, the study has highlighted that there is no „one size fits all‟ solution for iwi/Council relationships. For Te Ātiawa, the local government and iwi political landscape is quite different than it is for Ōtākou and Murihiku. Te Ātiawa are one of several iwi with mana whenua status in the Marlborough District Council region, and the MDC also operates as a unitary authority. For both Ōtākou and Murihiku, only Ngāi Tahu has mana whenua rights within these regions, although there are 7 independent Papatipu Rūnaka who hold mana whenua status in these regions, and there are multiple local government organisations they engage with, each with different processes. The nature of water resources also varies significantly between the regions, as does resource use. For example, both Southland and Otago have large hydro-electricity generation schemes within their regions, while Te Ātiawa face a different set of resource challenges in the Marlborough Sounds with high recreational use, and impacts of septic tanks and domestic uses associated with private baches in the Sounds.
Te Ātiawa have focused on the gains achieved through working with the Marlborough District Council in developing the draft Marlborough Regional Policy Statement (MRPS). Marlborough iwi have worked together over the last 8 years through the Iwi Working Group on developing the Iwi (chapter 3) and Water (chapter 15) provisions of the draft MRPS. They identify the recognition of their interests in these chapters as a hard won achievement that is „sufficiently acceptable‟ to all iwi. The focus has now shifted to working with the recently convened Te Tau Ihu Rivers and Water Advisory Komiti, about the future allocation of water in Marlborough.
Ngāi Tahu, including the Murihiku and Ōtākou Papatipu Rūnaka have had the benefit of nearly 20 years since reaching settlement of their Treaty claims, including statutory acknowledgements as part of this process requiring Councils to formally acknowledge their association with particular sites and resources. While they are undoubtedly better positioned to engage today than in earlier times, they still face a multitude of challenges.
Otago Rūnaka are building strengthened relationships with the regional council through the formation of Te Ropū Taiao Otago and the Mana to Mana processes.
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Te Rūnanga o Ngāi Tahu Study Analysis
These processes are the latest in a number of attempts to strengthen the relationship between the Rūnaka and councils.
Murihiku has also established a number of structures and processes to support engagement between the Papatipu Rūnaka and councils, including a Charter of Understanding – He Huarahi me Nga Uru Whakatupu agreed in 1997, and direct funding from Southland councils to support Te Ao Marama Inc. Murihiku also note that significant gains have been made through relationships with key individuals in Councils and government agencies.
These are positive advances for iwi engaging with local councils, but it is also important to acknowledge that, as Te Ao Marama has highlighted, Councils are only one of a multitude of agencies mana whenua are required to engage with regarding water, and as the challenges outlined below show these processes are still far from perfect. As Te Ātiawa has highlighted, while they are making progress, “gaps in fulfilling effective recognition on all iwi issues will inevitably exist in a region that has been settled and shaped by the workings of a European dominated culture”.
6.4 Challenges
Te Ātiawa note that while they have achieved a sufficiently acceptable outcome through combined iwi participation on the development of the draft Marlborough RPS, the next step will be to engage with the wider community on the draft RPS. Te Ātiawa caution this will be a stern test of the proposals iwi and the council have negotiated to date.
This highlights a further challenge for iwi, that not only do they have to work with the Council to promote their rights, interests and values, any agreements reached are subsequently subject to challenge by the wider community.
Kāi Tahu ki Otago has highlighted a number of particular challenges, including:
a lack of co-management opportunities in their rohe. Specific provisions exist within the RMA providing opportunities for iwi to participate in co-management arrangements, and despite it being nearly 20 years since the Ngāi Tahu settlement and positive developments in the relationship between the Papatipu Rūnanga and Otago Councils, there are still no co-management arrangements in place
limited uptake and acceptance of Mātauranga Maori and iwi based monitoring tools such as the cultural health index and state of the takiwa reporting frameworks. While these tools have been well proven across a number of rohe, councils in Otago have still not acknowledged their value or committed to utilising these tools
a lack of integrated planning. For example, the issuing of consents for subdivision by territorial authorities and the subsequent pressure being put on Kāi Tahu to approve of take and discharge consents that undermine iwi aspirations for water.
the challenge of incorporating traditional Te Reo terminology into legislative frameworks and the significant loss of context and meaning when these phrases are reinterpreted into English language. This is particularly challenging when seeking to recognise and provide for iwi rights, interests and values in water and the appropriation of terms such as kaitiakitanga by
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Te Rūnanga o Ngāi Tahu Study Analysis
the Resource Management Act.
Murihiku notes that iwi are locked into a cycle of reacting to demands from Councils or consent applicants rather than developing a wider strategic approach to water and sustainable resource use and development. Te Ātiawa and Ōtākou Rūnaka are in a similar situation and it is likely this is a significant challenge for all iwi.
Te Ao Marama has highlighted four key issues impacting on the full expression of Ngāi Tahu ki Murihiku‟s rights interests and values for water in Murihiku These are:
Leadership, within both Rūnanga and Councils. Specifically the willingness of and understanding of Councils to make decisions on the incorporation of iwi rights, interests and values
Relationships with Local Government and Crown
Ki uta ki tai, versus silos and fractured regulatory management of water
Follow through and delivery (including compliance, monitoring and accounting) of legislation, plans, and policies.
All three of the mana whenua groups involved in this study have reached Treaty settlements with the Crown, and in the case of Ngāi Tahu this was nearly 20 years ago. Ngāi Tahu have established good relationships with local authorities, and many government departments; and, comparative to many iwi groups, have a higher level of resources available to them. Clearly, this is still insufficient as they still struggle to find the time or the resources to shift from the current reactionary situation to a more strategic and proactive position on a wide range of natural resource issues.
6.5 Resourcing and Capacity
As noted above, all three groups who participated in the study have achieved Treaty settlements with the Crown, and consequently have relatively stable and well-mandated structures in place to represent their mana whenua interests. While compared to many other iwi and hapū resource management groups they have access to more resources, the reality is they are still significantly under-resourced to adequately engage across the full range of processes they have identified as impacting on water in their rohe, and on their obligations as kaitiaki. This is particularly obvious when compared to the resources of the Councils and the government agencies they are expected to engage with, who individually all have a much narrower focus than the mana whenua groups. As noted above, Te Ao Marama engage with at least 20 agencies, just on water, each of which is likely to have access to significantly more resources than the mana whenua.
As Kāi Tahu Ki Otago observes “we are expected to be experts or at least have a greater understanding then most in water science, hydrology, planning, policy development, Maori and community development, climate change, oil and gas exploration, local and central government process. I do not believe that there would be another profession where such a wide range of skills is required.”
It is difficult to imagine any council or government agency expecting any single business unit or team within their agency to have even a limited understanding of such a wide range of issues, let alone be experts and able to engage at a technical level with other council or government agencies. Yet, this is expected of the iwi resource management teams that participated in this case study on a daily basis.
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Te Rūnanga o Ngāi Tahu Study Analysis
The ongoing demands to engage with a large number of agencies, across a wide range of issues with the limited resources referred to above further exacerbates the challenge outlined earlier of iwi wanting to be able to plan and engage more proactively and strategically, but effectively being locked into a reactive cycle by the limited resources available to them.
This is further evidenced by the evolution of this Case Study. While the intention was for the study to be an opportunity for the mana whenua groups who participated to at least initiate some proactive and strategic planning by identifying the range of processes they were engaging with and the upcoming timeframes, it has been apparent that with the day to day pressures the groups are under, responding to the study has in many ways been another challenge for an already over-burdened and over-committed resource.
Resources and timing of this study have not enabled a comprehensive assessment of the effectiveness of existing regulatory statements in relation to iwi rights, interests and values, or mana whenua aspirations for water. While there are some positives highlighted (e.g. Te Ātiawa view on MRPS), there are still clear challenges in achieving a full and satisfactory recognition of iwi rights, interests and values in relation to water and water management.
19
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
APPENDIX ONE: SCAN OF INSTRUMENTS
Scan of statutes and instruments relevant to, or impacting on, regional water management
This scan was undertaken by mana whenua in each region and reflects perspectives of those hapu or iwi groups.
The assessment of relevance of each instrument to water management has been made by mana whenua.
Determination as to whether the instrument contains reference to iwi rights, interests and values and whether the
instrument was prepared with direct involvement and input from iwi has been made by mana whenua.
Guide to Interpreting the Table
? = Does this instrument contain reference to rights, interests or values of iwi in relation to water impacted by the instrument? – X or
? = Was this instrument prepared with direct involvement and input from affected iwi? – X or
X X = no reference to rights, interest or values and no involvement or input,
= reference to rights, interests or values and involvement or input Abbreviations CDC Clutha District Council CODC Central Otago District Council DCC Dunedin City Council DOC Department of Conservation ES Environment Southland MDC GDC Gore District Council ICC Invercargill City Council MDC Marlborough District Council MPI Ministry for Primary Industries ORC Otago Regional Council QLDC Queenstown Lakes District Council SDC Southland District Council TPK Te Puni Kokiri TRoNT Te Rūnanga o Ngāi Tahu WDC Waitaki District Council
20
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Statute/Instrument Marlborough ? ? Otago ? ? Southland ? ?
Local Authority Reports & Strategies
MDC Top of the South Indicators Report
ORC LTCCP Outcomes Report 2006-2008
X
GDC District Growth Strategy
MDC Progress Marlborough Economic Development Strategy
ORC A High Level Assessment of the Risks and Vulnerabilities to Energy Supply in the Otago Region
X
Southern Councils
Shared Services – Southland and Beyond
WasteNet
Venture Southland
Our Way Southland
Southland Regional Heritage Committee
Environmental Health
Freedom Camping
Biodiversity
Rakiura Integrated Planning Group
Southland Coastal Heritage Inventory Project
Te Rōpū Taiao and Te Ao Marama Inc
MDC Marlborough Regional Land Transport Strategy 2012-2022
DCC Dunedin City Economic Development Strategy
ICC Spatial Plan 2012 – the Big Picture
DCC Strategic Framework for Dunedin
ICC Invercargill Action Plan
CODC Central Otago Economic and Business Development Strategy
Southern Councils
Joint Waste Water Plan
CODC Central Otago Strategy for Sustainability
Venture Southland
Sustainable Business Strategy 2008
QLDC Flood Management Strategy
Venture Southland
Southland Aquaculture Strategy 2012
21
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
QLDC Growth Management Strategy
Venture Southland
Southland Energy Strategy 2011
CDC Sustainable Farming Fund Water Filtration Project
Venture Southland
Southland Tourism Strategy 2005 - 2015
CDC Shared Services Southland and Beyond
Venture Southland
Southern-Southland Community Development Plan (draft)
Venture Southland
Southland Regional Development Strategy (draft)
Southern Councils and Ngāi Tahu ki Murihiku
Charter of Understanding: He Huarahi mō Ngā Uri Whakatupu
ICC City Centre Outline Action Plan
Our Way Southland
Southland‟s Community Outcomes: Monitoring Report 2005-2008
Our Way Southland
Community Outcomes Report 2009-12
Our Way Southland
Our Way Southland Quality of Life Survey 2010, 2013
ES
Southern Councils
Wetlands of Southland: A Guide for Maintaining and Enhancing the Values of our Wetland Areas
Southern Councils
Coastcare: Caring for Southland‟s Coastal Plant Communities
Southern Councils
Forest Remnants of the Southland Plans: A guide to Enhancing Forest Remnants
ICC Otatara – Sandy Point Bushcare: A Guide to Enhancing your Bush
22
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Local Government Act
MDC Long Term Plan 2012-2022
ORC Long Term Plan 2012-2022
X
ES Long Term Plan 2012-2022
MDC Annual Plan 2014-15
X
ORC Annual Plan 2014-15 X
ES Annual Plan 2014-15
MDC Tradewaste Bylaw 2011
X
ORC Significance & Engagement Policy
X
ES Significance Policy
MDC Freedom Camping Bylaw 2010
X
ORC Flood Protection Management Bylaw 2012
ES Southland Flood Control Management Bylaw
MDC Asset Management Plans - water supply and reticulation - stormwater systems - sewerage reticulation and treatment plants - roads and bridges - rivers and drains - reserves and amenities plan - landfill and transfer stations plan
X
ORC Taieri Flood & Drainage Schemes Review
GDC Long Term Plan 2012-2022
MDC Code of Practice for Subdivision and Land Development
X
ORC Leith Lindsay Flood Protection Scheme
GDC Annual Plan 2014-15
Wairau River Gravel Extraction Policies – March 2013
X
WDC Annual Plan 2014-15 GDC External Communications Policy
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Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
WDC Significance & Engagement Policy
GDC Bylaws:
Long Grass Overhanging Foliage
Solid Waste
Subdivision and Development
Trade Waste
Water Supply
WDC External Communications Strategy
GDC Reticulated Services Policy
Cape Wanbrow Plan GDC Asset Management Plans: [get from Howard]
DCC Long Term Plan 2015-2025
SDC Long Term Plan 2012-2022
DCC Annual Plan 2014-15 SDC Annual Plan 2014-15
DCC Financial Strategy SDC Bylaws:
Stormwater Drainage
Solid Waste
Subdivision Land Use and Development
Trade Waste
Wastewater Drainage
Water Supply
DCC Allanton New Wastewater Reticulated Services Funding Policy
SDC Asset Management Plans: [get from Simon]
DCC Reserves Bylaw SDC Reserve Management Plans: [get from Simon]
DCC Solid Waste Bylaw ICC Long Term Plan 2012-2022
DCC Trade Waste Bylaw ICC Annual Plan 2014-15
DCC Water Bylaw ICC Bylaws:
Trade Waste
Water Supply
Solid Waste
DCC Climate Change: Adaptation Plan
ICC Asset Management Plans:
Building Activity
24
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Impacts on Dunedin Predictions Policy
Management Plan 2011
Community Development Activity Management Plan 2011
Compliance Activity Plan 2011
Environmental Health Activity Management Plan 2011
Parks Asset Management Plan 2011
Resource Management Activity Management Plan 2011
Sewerage Asset Management Plan 2011
Solid Waste Activity Management Plan 2011
Stormwater Asset Management Plan 2011
Water Asset Management Plan 2011
DCC Industrial Land Needs Study
ICC New River Estuary: Review of Changes with Tertiary Treatment
DCC Industrial Land Use ICC Clifton Wastewater Treatment Plant Discharge Consent Monitoring – Estuary Sediments 2006
DCC Industry Project Fund ICC Assessment of Water and Sanitary Services Report 2012
CODC Long Term Plan – 2012-2022
ICC Preliminary Assessment of Water and Sanitary Services: Kennington Report
CODC Annual Plan 2014-15 ICC Parks and Reserves Strategy
CODC Significance & Engagement Policy
CODC Trade Waste Bylaw
CODC Water Supply Bylaw
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Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
QLDC Long Term Plan 2012-2022
QLDC Annual Plan 2014-15
QLDC Asset Management Plans:
Parks and Reserves Solid Waste Stormwater Wastewater Water Supply
QLDC Water Supply Bylaw
QLDC Enhancement Plans: Albert Town Lagoon Gorge Road Wetland
QLDC Significance & Engagement Policy
QLDC Enforcement Strategy and Prosecution Policy
QLDC Services Policy: Building over drains Extension and Connection Costs for Water and Sewerage Provision for New Water Supply and Sanitary Sewer Connections Wanaka and Hawea Landfill Sites Water and Sewerage Schemes Small Communities
26
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Water Supply for Construction Purposes
QLDC Development Plans: Lake Hawea Foreshore Reserve Wanaka Foreshore Playground
QLDC Small Community Plans:
Arrowtown Glenorchy Cardrona Hawea Kingston Luggate Makarora Tomorrows Queenstown Wanaka 2020
QLDC Structure Plans: Cardrona Valley Wanaka
CDC Long Term Plan 2015-2025
CDC Annual Plan 2014-15
CDC Water and Sanitary Services Bylaw
CDC Significance & Engagement Policy
CDC Policy on Stock Crossings, Races on Road Reserve, and Stock Underpasses
Resource Management Act
Te Ātiawa o Te Waka-a-Māui Trust
Te Ātiawa o Te Waka-a-Māui Iwi Environmental
Te Rūnanga o Moeraki; Kāti Huirapa Rūnanga ki
Kai Tahu ki Otago Natural Resource Management Plan
Te Rūnanga o Awarua; Te Rūnanga o Oraka/Aparima;
Te Tangi a Tauira – the Cry of the People – Iwi Management Plan for Murihiku
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Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Management Plan - 2015
Puketeraki; Te Rūnanga o Ōtākou; Hokonui Rūnanga
Te Rūnaka o Waihopai; Hokonui Rūnanga
Te Runanga o Kaikoura
Te Poha o Tohu Raumati
ORC Regional Policy Statement
ES Regional Policy Statement
MDC Regional Policy Statement
ORC Regional Plan : Water ES Regional Water Plan
MDC Wairau Awatere Resource Management Plan
ORC Regional Plan: Coast ES Coastal Plan
MDC Marlborough Sounds Resource Management Plan
ORC Regional Plan: Waste ES Air Quality Plan
MDC Code of Practice for Subdivision and Land Development
X
ORC Regional Plan: Air ES Aquaculture Zoning in the Southland Region
Te Rūnanga o Ngāi Tahu
Regional Eel Management Plan - 1998
ORC Water Management & Allocation in the Future: A Strategy for Otago
ES Effluent Land Application Plan
Ngāti Koata Trust
No Rangitoto Ki Te Tonga Trust Iwi Management Plan – 10 June 2002
ORC Milton 2060 Flood Risk Management Strategy
ES Managing Unwanted Vegetation in Southland Rivers
Te Rūnanga o Ngāti Kuia
Te Rūnanga o Ngāti Kuia Pakohe Management Plan - 2014
ORC Urban Water Quality Strategy
ES Foul Water Systems Discussion
Collective iwi Objectives of ORC Rural Water Quality ES Mataura Catchment Strategic
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Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
the Waimāori Programme
Strategy Water Study
Collective iwi Ngā Matapono Ki Te Wai
ORC Dairy Farming guidance material
ES Mataura Borough Flood Protection Scheme Report
Collective iwi Te Waka a Maui me ona Toka Mahi Tuna (South Island Eel Management Plan) -1996
ORC Sheep & Beef Farming guidance material
ES Water Shortage Standard Operating Procedure
Collective iwi Draft Waimāori Strategy: 2007 – 2010
ORC Planting & Waterways Management guidance material
ES Southland Coastal Hazard Assessment
Collective iwi A Cultural Health Index for Streams and Waterways Indicators for recognising and expressing Maori values – 2003; Gail Tipa & Laurel Teirney
ORC Landfill & Offal Pit guidance material
ES Half Moon Bay Urban Land Use Study
MDC Draft Marlborough Resource Management Plan (includes MRPS) 2015
ORC Water Quality guidance material
ES Omaui Coastal Erosion Study
ORC Water Requirements for Irrigation throughout the Otago Region
ES Summary Guidance Material: Mitigating on-farm losses and land use change Prioritising action for Southland‟s water quality issues
29
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Contamination of fish and cockles in rivers and estuaries Groundwater and nitrate movement Land use change – agriculture Land use change – environmental impacts Land use change – indigenous vegetation Monitoring rivers and beaches for faecal contaminants Monitoring Faecal Contaminants in Southland‟s rivers and streams
ORC Management Flows for Aquatic Ecosystems in the :
Arrow River Lindis River Low Burn Luggate Creek Manuherikia Pomahaka River Taieri River Tokomairiro River Trotters Creek Tuapeka River Waianakarua Waiwera River
ES Good Practice Farming Factsheets:
Creating Riparian Zones Critical Source Areas Design and Cost of Fencing Drainage and Channel maintenance Farmer‟s Rough Guide to Environment Southland Rules Hill and High Country development Historic Heritage on Farms Managing Riparian Zones Nutrient Management Pest Animals in Riparian zones Preparing for Winter Riparian Plants for Southland Waterways Weeds in Riparian zones
30
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
ORC Water Resources of the:
Cardrona River Pomahaka and Waiwera Rivers Taieri Catchment: an overview Waikouaiti River Waitati River and Careys Creek
X X
ES Water and Land 2020 Reports: Hill Country Development Impacts of Annual Wintering on water and soil quality Land use and Land management risks to water quality in Southland Overland Flow Review Riparian Review
ORC Manuherikia Water Resources summary
ES Water Monitoring Investigations:
Estuarine Reports Report Cards 2012 State of the Environment - water 2010
Our Health
Our Ecosystems
Our Uses
Our Threats Waituna Lagoon
ORC Hydrological investigation:
Kakanui River Shag River
ES Recreational Waters of Southland report (also known as the Summer Recreational Bathing Updates)
ORC Integrated Water Resource Management for the Cardrona River
ES Groundwater reports 2013/14: Estimating Time Lag for nitrate response in shallow Southland groundwater On-site wastewater groundwater quality risk Waimea land and water care group
ORC Instream values and water resource
ES Groundwater reports 2012: Edendale model
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Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
management options for the Ida Burn
Five year median nitrate technical report Groundwater quality survey results for Lower Waiau nitrate survey Knapdale technical report Spring gauging programme review Waituna Catchment groundwater resources technical report
ORC Bannockburn and Shepherds Creek water resources study
ES Groundwater reports 2011: Regional mapping of groundwater denitrification potential and aquifer sensitivity Riversdale groundwater management zone technical report Riversdale irrigation water use assessment State of the Environment – groundwater quantity
ORC Channel Morphology & Sedimentation:
Cardrona River Kakanui and Kauru Rivers Lower Clutha River Rees River Shag River Waianakarua
ES Groundwater reports 2010: Balfour groundwater project Edendale groundwater management zone technical report Fractured rock and confined aquifers – recommendations for sustainable management Groundwater report on the Balfour Groundwater quality study Groundwater quality in Southland State of the Environment – groundwater quality
ORC Coastal Morphology of ES Groundwater reports 2008/09:
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Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
South Otago Assessment of sensitive environments Review of groundwater quality monitoring results from Heenan‟s corner nested piezometer Balfour nitrate hotspot report Management of confined aquifers in the Southland region Surface Water and Groundwater relationships in the Mataura catchment above Gore
ORC State of the Environment Report:
Groundwater Quality Groundwater Quantity Otago Estuaries Surface Water Quality in Otago Surface Water Quality in south-west Otago Surface Water Quality monitoring review Water Resources of Otago
ES Groundwater reports 1998/07: Central Southland plains groundwater study Groundwater quality in Southland a regional overview Groundwater quality monitoring programme Hydrogeology of the Oreti basin Mid-Mataura groundwater model Nitrate hotspots survey of wells with excessive nitrate Northern Southland groundwater model Oteramika Trial Catchment groundwater studies Review of Environment Southland Waimea plains piezometric survey
ORC Water Quality of Coastal Otago Catchments
ES Surface water quality 2014: Contribution of on-site wastewater disposal to
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Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
cumulative regional nitrate loading NIWA – design of stormwater monitoring programmes Regional scale stratification of Southland‟s water quality
ORC Environmental Status of the near shore Coastal Environment
ES Surface water quality 2013: Environmental residues of anticoagulants Faecal contamination in selected Southland rivers and streams Fish surveys in non-wadeable systems Lake George Broad Scale Habitat mapping Lake Murihiku Broad Scale Habitat mapping Lake Vincent Broad Scale Habitat mapping The Reservoir Broad Scale Habitat mapping Nutrient loading in shallow coastal lakes Shallow lowland lakes report Updating nitrate toxicity effects on water aquatic species
ORC Otago Lakes trophic status
ES Surface water quality 2012: Ecological condition of six shallow Southland lakes Effects of drain clearing on water quality Otepuni faecal source investigation report
ORC River Flow Report Cards
ES Surface water quality 2010: Benthic cyanobacteria and
34
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Anatoxin-A Development of a Southland Wetland Macroinvertebrate Community index Review of state of the environment water quality monitoring programme Southland Water 2010 – our ecosystems technical report for lakes and lagoons Surface Water quality monitoring programmes
ORC Catchment Report: Lower Taieri River Tokomairiro Upper Taieri River
ES Surface water quality pre-2010: Waihopai Catchment water quality
ORC Water Quality and Ecosystem /Ecological Health:
Catlins Area Lake Tuakitoto Catchment Manuherikia Upper Taieri
ES Potential inanga spawning areas in Southland rivers
ORC Shag River/Waihemo Catchment water quality and ecosystem
ES Whitebait survey summary of results 2013
ORC Water quality in the Tokomairiro Catchment: Trends
ES Minimum flow requirements of trout in the Mataura River
ORC Water Quality Report: Kakanui River Lake Waipori and Lake Waihola Lindis and
ES Instream flow requirements: Irthing Stream Mataura River Oreti Waihopai River
35
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Cardrona Rivers Pomahaka River Waianakarua Waiareka Creek and Island Stream Water of Leith and Lindsay Creek
ORC Effects of Land use on Water quality in the Pomahaka River
ES State of the Environment fishery report 2007/08
ORC Patterns of Water Quality in the Pomahaka Catchment
ES Pollution prevention guides: Abrasive Blasting Automotive painting and panelbeating Baleage wrap recycling Car washing Concrete washings Directional drilling Dust Suppression Fuel and oil Old Vehicles Painting and plastering Vehicle and equipment washing
ORC Didymo in Otago: a summary
ES Report Cards 2013: Bathing and shellfish Fish Study Groundwater quality Groundwater quantity Lake Water quality River and stream health Rivers and rainfall Soil moisture Surface water abstraction
ORC The effect of irrigation runoff on water quality
ES Landscape Studies: Invercargill Coastal Southland Coastal
36
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Te Anau
ORC Groundwater resource management review of the South Otago Basins
ES Sustainable Drainage Management Strategy 1997 Sustainable Drainage management guide
ORC Aquifers Report/Study: Benger Burn and Ettrick Basin Cromwell Terrace North Otago Volcanic South Dunedin Coastal Wakatipu Basin
ES Riparian Management: Clean Streams guide Dairy NZ – getting riparian planting right in Southland Grazing of stock adjacent to waterways Intensive winter grazing Land adjacent to watercourses swampy areas Riparian planting species booklet Streams and drains Tracks races and waterway crossings
ORC Groundwater Allocation study:
Alexandra Basin Bendigo and Tarras Ettrick Basin Lower Taieri
ES Weed and sediment removal for drainage maintenance
ORC Groundwater exploration in the Ida Valley
ES Soil quality and stability programme for Southland
ORC Rainfall Recharge Assessment for Otago groundwater basins
ES Impacts of animal wintering on water and soil quality
ORC Groundwater quality: Kingston and Glenorchy
ES Factors affecting contaminant loss in overland flow
ORC Flood and erosion hazard:
Clutha River/Mata-au
ES Environmental effects of activities within the riparian zone
37
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Dunedin‟s urban streams Glenorchy Kingston Lake Wanaka Queenstown CBD Taieri Plain and Strath Taieri
ORC Queenstown Lakes Flood Management
ES Land use change in the Southland region
ORC Otago Alluvial Fans: High Hazard
ES Nitrogen, phosphorus and sediment losses from rural land uses in Southland
ORC Community Vulnerability to elevated sea levels and coastal tsunami events
ES Overseer comparison wintering report
ORC Coastal Storm surge investigation
ES Assessment of farm mitigation options and land use change on catchment nutrient contamination loads in the Southland region
ORC Coastal Hazards of the Dunedin City District
ES Waituna Lagoon technical reports:
Broad scale habitat mapping and historical sediment coring Comparison of catchment modelling approaches for the Waituna lagoon catchment Controlled drainage study Ecological vulnerability assessment and monitoring recommendations Eutrophication of coastal lagoons Groundwater in the
38
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Waituna catchment Nutrient load criteria to limit eutrophication Nutrient loads to protect environmental values in WAituna lagoon Potential constructed wetland sites Potential nitrogen and phosphorus losses from example farms in the Waituna catchment SOE Southland Water 2010 peer review Technical report for lakes and lagoons Technical strategy for Waituna Virtual assessment of drain cleaning activities Waituna catchment groundwater resource Waituna catchment loads Waituna lagoon guidelines Waituna lagoon mechanical opening site assessment Waituna lagoon modelling report Waituna lagoon mouth closure Waituna science bibliography Waituna science factsheet Waituna sediment fingerprinting Waituna surface water quality study – updates 1 to 3
ORC Natural Hazards: Cardrona Valley
ES Good practice farming factsheets:
39
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Glenorchy Makarora Taieri Plains
Stop your nutrients going underground Stop your farm going down the drain Design and construction of storage ponds Drainage and vegetation clearance rules Storage Pond Management
ORC Flood Response Handbook
ES Estuarine Reports: Fortrose (Toetoes) broad scale mapping 2012/13 Frentz Reef fine scale rocky shore monitoring Water Estuary fine scale monitoring 2012/13 Haldane estuary sedimentation rate monitoring 2012 Jacobs River Estuary Macroalgal Monitoring 2007 Jacobs River estuary – fine scale monitoring and broad scale mapping 2012/13 Lake Brunton broad scale habitat/macrophyte mapping New River Estuary Broad Scale Habitat Mapping and Sedimentation Rate New River estuary fine scale monitoring, macroalgal monitoring and broad scale habitat mapping 2012/13 Southland coast habitat mapping State of the Environment 2006 Stirling Point rocky shore
40
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
fine scale monitoring 2010-11 Waiau (Te Waewae) Lagoon fine scale monitoring and macrophyte mapping 2012 Waihopai arm preliminary synoptic assessment 2010/11 Waikawa Estuary Fine Scale Monitoring and Historial Sediment Coring 2007 Waikawa Estuary Board Scale Habitat Mapping 2008/9 Waikawa estuary fine scale monitoring and sedimentation rate 2012/13 Waimatuku estuary fine scale monitoring 2011/12 Waipapa Point fine scale rocky shore monitoring 2013
ORC Viability of re-establishing tidal flow at Hoopers Inlet
ES Contaminants in estuarine and riverine sediments and biota in Southland
WDC Waitaki District Council District Plan
GDC Gore District Plan
DCC Dunedin City Council District Plan
SDC Southland District Plan
DCC Biodiversity Fund ICC Invercargill City Council District Plan
DCC Biodiversity Strategy for Dunedin City
ICC Significance and Engagement Policy
DCC Code of Subdivision and Development
ES Māori Capacity to Contribute to Decision Making Processes
DCC Dunedin District Ecosystem Mapping
ES Iwi on Consent and Plan Hearings
41
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
DCC New Reticulated Utility Services (Water, Wasterwater or Stormwater) Policy
DCC Resource Management Act Infringement Notice Policy
Southern Councils
State of Southland‟s Coastal Marine Environment 2005
DCC Resource Management Monitoring Strategy
ES Contamination of Shellfish Waters at Colac Bay 1997
DCC Spatial Plan for Dunedin
ES Waihōpai River Floodplain Management Plan 1991 (I don‟t know if this has been updated)
DCC Water and Wastewater – Ownership of Utilities Policy Statement
ES Stock Truck Effluent Report 2003
DCC Water Conservation Management Plan
ES Managing Cumulative Effects of Rural Land Use on Water Quality in Southland 2011
DCC Water Restrictions Policy
ES Definition of Water Quality Management Zones for the Southland Region 2013
DCC Water Supply (Domestic) Policy Statement
Auditor General Managing water quality: Challenges for regional councils 2011
DCC 3 Waters Strategic Direction Statement
MfE Mataura Water Conservation Order
CODC Central Otago District Plan
X DOC / ES Issues facing Southland‟s wetlands: Recommendations for Future Management 2003
CODC Clutha River/Mata-au Plan
QLDC Queenstown Lakes District Council District Plan
X
QLDC Lake Hayes Management Strategy
42
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
QLDC Sustainable Building guidance material
CDC Clutha District Council District Plan
Reserves Act
MDC Taylor Dam Recreation Reserve Management Plan
X
X
DOC DCC
Pukekura (Taiaroa Heads) Reserve Management Plan (RMP)
GDC Reserves Management Plans A and B 2001
MDC Taylor River Floodway Reserve Recreation and Amenity Plan
X
X
WDC Waitaki RMP GDC Town Belt Management Plan
MDC Wither Hills Farm Park Management Plan
X
X
DCC Reserve RMPs: Aramoana Caversham Valley Forest Coastal Dunes Dunedin Botanic Garden Dunedin Town Belt Hereweka/Harbour Cone Hills Reserve Island Park Recreation Mt Watkin/ Hikaroroa Ocean Beach Ocean Grove Recreation Okia Otago Boat Harbour Recreation Otago Harbour Signal Hill Recreation
ICC Reserve Management Plans:
Environmental Reserves: Omnibus Management Plan
Otatara Scenic Reserve Plan – 2014
Rural Reserves Omnibus Management Plan 2012
Sandy Point Domain Management Plan – July 2013
Greenpoint Domain
Anderson Park
Argyle Park
Donovan Park
Elizabeth Park
Queens Park
Thomsons Bush
Town Belt
43
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Truby King Waikouaiti
MDC Picton Foreshore Reserve Management Plan – 2014
DCC Reserves Management Plan General Policy
ICC Reserve Management Areas:
Anderson Park
Beaconsfield Road
Esplanade Reserve (McIvor Rd)
Forde Road
Joeys Island
Metcalf Bush Reserve
Mersey Street
Mill Road
Omaui Reserve
Oteramika Road
Parnell Reserve
Paterson Reserve
Racecourse Rd
Red Tussock Reserve
Seaward Bush Reserve
Short Road
Taiepa Dune Reserve
Waihopai River
X
X
MDC Pollard Park Management Plan - 2014
CODC Reserves RMPs Molyneaux Park Pioneer Park Teviot Valley Ward
TRoNT (NTSCA98)
Reserve Management Areas:
Matariki (near Cosy Nook)
Taramea (Howells Point)
QLDC Kelvin Peninsula Reserves Network Plan
QLDC Reserves RMPs: Arrowtown – Lake Hayes Albert Town Recreation Reserve Ben Lomond and Queenstown Hill Dublin Bay
44
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Eely Point Kelvin Heights Lismore Park, Kellys Flat and Allenby Park Pembroke Park Queenstown Gardens Recreation Ground Ruby Island Sunshine Bay to Kelvin Heights Upper Lake Wakatipu Wanaka Golf Course Wanaka Lakefront Wanaka Library and Bullock Creek
CDC Reserves RMPs: Clutha District Council Reserves Coronation Park Greater Taylor Park Hina Hina Mount Stuart Taieri Mouth
Conservation Act
DOC Conservation General Policy
DOC General Policy for National Parks
DOC Nelson Marlborough Conservation Management Strategy
DOC Otago Conservation Management Strategy
DOC Mainland Southland/West Otago Conservation Management Strategy
DOC Rārangi Coast DOC Mainland Southland DOC Stewart Island/Rakiura
45
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Operational Plan
West Otago Conservation Management Strategy
Conservation Management Strategy
DOC Nelson Lakes National Park Management Plan
DOC Rakiura National Park Management Plan 2011-2021
DOC Nelson Lakes National Park Bylaws - 2006
X DOC Subantarctic Islands Conservation Management Strategy
DOC Molesworth Management Plan
DOC Water Fish Strategy for Southland Conservancy
DOC Southland Plains Ecological District: Survey Report for the Protected Natural Areas Programme 2003
DOC Fiordland (Te Moana o Atawhenua) Marine Reserves
DOC Habitat for female longfinned eels in the West Coast and Southland
DOC Drainage management in New Zealand: A review of existing activities and alternative management practices
DOC Cleddau River flood protection works 2009
Auditor General Department of Conservation: Prioritising and partnering to manage biodiversity 2012
DOC The Cultural Awareness Ngāi Tahu Settlement Training 1998
Ramsar Convention on Wetlands List of Wetlands of International Importance
DOC lead agency
Awarua Wetland/Waituna Lagoon, Southland
46
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
World Heritage Convention
DOC lead agency
Te Wāhipounamu - South West New Zealand World Heritage Area
DOC lead agency
Tenative List as of 2006:
Stewart Island / Rakiura Archipelago
Waters and Seabed of Fiords of Fiordland (Te Moana o Atawhenua)
Building Act MDC Dangerous Dams Policy 2010
X X ES Policy on Dangerous Dams, Earthquake Prone Dams and Flood-Prone Dams 2011
Fisheries Act
MPI Clean Boating Programme
MPI Mataura River Mataitai Recreational Fishing Rules
MPI Gazetted Mātaitai:
Waikawa Harbour / Tuma Toka, Catlins Coast 2008
Mataura River, Southland 2005
Waitutu, Southland
2014
Oreti, Southland 2010
Motupōhue, Southland 2014
Te Whaka a Te Wera,
Stewart Island 2004
Horomamae, Titi Islands 2010
Pikomamaku, Titi Islands 2010
Kaihuka, Titi Islands 2010
MPI S168 Temporary Closures (none currently in effect)
47
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Biosecurity Act Regional Pest Management Strategy for Marlborough – 2012
X ORC Regional Pest Management Strategy
ES Regional Pest Management Strategy
Health Act CODC Drinking Water Strategy
Hazardous Substances and New Organisms Act
Southern Councils
All Contaminated Land Information Management Protocol
Waste Minimisation Act
DCC Waste Management and Minimisation Plan
Southern Councils
Southland Waste Management and Minimisation Plan 2012-2018
CODC Waste Management and Minimisation Plan
QLDC Waste Minimisation Strategy
CDC Waste Management and Waste Minimisation Plan
Ngāi Tahu Claims Settlement Act
DOC Nohoanga Sites [get exact sites from Aaron/Dean]
DOC Tōpuni
Motupōhue (Bluff Hill)
Pikirakatahi (Mount Earnslaw)
Takitimu Range
Te Koroka
Tutoko
ES / MPI Coastal Marine
Te Mimi o Tū Te Takiwhanoa (Fiordland)
Rakiura/Te Ara a Kiwa (Rakiura/Foveaux)
48
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Southern Councils / DOC
Statutory Acknowledgement:
Aparima River
Hananui
Lake Hauroko
Manawapopore/Hikuraki (Mavora Lakes)
Mataura River
Motupōhue (Bluff Hill)
Moturau (Lake Manapouri)
Oreti River
Pikirakatahi (Mount Earnslaw)
Lake Te Anau
Toi Toi Wetland, Rakiura
Tutoko
Uruwera (Lake George)
Waiau River
Waituna Wetland
Whenua Hou
Te Ture Whenua Māori Land Act
TPK Te Ture Whenua Māori Land Act 1993 Review Panel report
TPK Owners' Aspirations Regarding the Utilisation of Māori Land
TPK He Tiro Whānui e pā ana ki te Tiaki Taiao 2012: 2012 Kaitiaki Survey Report
Other Stakeholders Trustpower Limited
Wairau Valley Hydro Electric Development Proposal: Social Impact Assessment - 2005
X
Fish and Game NZ
Nelson /
Marlborough
Fish and Game
49
Te Rūnanga o Ngāi Tahu APPENDIX ONE: Scan of instruments
Council
Federated Farmers
Local branch
Royal Forest and Bird Society
Local members
Marlborough Residents and Rate Payers Associations
Local policy documents
Growsafe NZ Industry Standard NZS8409:2004 Management of Agrichemicals
Marlborough Regional Development Trust
Progress Marlborough: Economic Development Strategy Report - 2008
Marlborough Environment Centre Inc
Local members
Cawthron Institute
Water research projects
Fonterra Sustainable Dairying: Water Accord (Accord 2) - 2013
Sustainable Winegrowing NZ
Winery Standards 2002
X X
Organic Winegrowing NZ
Guidance material
X X
50
Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai
APPENDIX TWO: TE MANA O TE WAI
Te Ātiawa ki Te Tau Ihu – Te Mana o te Wai - Marlborough Region
Key Documents
Te Ātiawa o Te Waka-a-Māui – Iwi Environmental Management Plan 2014
Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui
Claims Settlement Act 2014
Te Mana o Te Wai
Tënā koe
Ngā mihi nui ki a koe i runga i ngā āhuatanga o te wā.
Te Ātiawa iwi members are the tangata whenua, who hold manawhenua and manamoana
over the lands and waters of Tōtaranui (Queen Charlotte Sound), Kura Te Au (Tory
Channel) and environs. As such, Te Ātiawa iwi members are kaitiaki (guardians) within this
rohe and carry a responsibility for ensuring that the mauri or essential life principle of the
natural world is maintained.
Central to this responsibility is the management of water:
Wai (water) is of great significance to Te Ātiawa – it is an essential element of life. As
kaitiaki, Te Ātiawa Iwi believes that the maintenance of the mauri, or life-supporting capacity,
of water is vital to the physical and spiritual health and well-being of all living things.
Water is a taonga. Water has been, and remains, an integral political, economic, cultural
and spiritual taonga for Te Ātiawa. Te Ātiawa believes that the maintenance of the mauri, or
life-supporting capacity of water is fundamental to ensuring the physical and spiritual survival
of all living things. A water body with an intact mauri is able to sustain healthy ecosystems.
Therefore, the well-being of our people depends on the well-being of river, stream and
wetland ecosystem.
The rohe of Te Ātiawa Ki Te Tau Ihu is dominated by the sea and surrounding hills, with little
flat land occurring; there are no nationally significant rivers or lakes located within it.
Additionally, there is very limited groundwater available in the rohe, with the exception of
minor resources in the Linkwater flats and other similar areas. However, aside from this, the
Marlborough Sounds‟ streams are numerous and often highly vulnerable. Their health is
also inextricably linked to the health of the terrestrial and coastal marine ecology of the rohe.
Water wetlands also play a vital role in maintaining the mauri of fresh water through filtration
51
Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai
processes and unique habitat characteristics. The valuable contribution these wetlands
make has been historically undervalued.
Indicative water management concerns
Te Ātiawa is very concerned about the discharge of contaminants into water, including
fertilisers, agrichemical and herbicide spray on stream margins, agricultural run-off, direct
stock access to waterways (Linkwater), septic tank overflows (Sounds‟ housing generally)
and stormwater discharges into catchment drainage (particularly the Picton and Waikawa
basins). All of these discharges potentially impact on the health of the fresh water
ecosystem(s) subsequently affecting mahinga kai, including watercress and tuna and other
facets of the environment. Te Ātiawa is also concerned about the advent of mining in the
rohe and the potential implications of that activity on Te Wai Māori.
The drainage of water wetlands has resulted in the loss of significant ecosystems important
as spawning areas for native fish, sediment traps and areas rich in food and nutrients for bird
and plant life. Many wetlands in Te Tau Ihu have already been lost through drainage and
reclamation. Of great concern to Te Ātiawa is the current low priority given to the retention
and restoration of wetlands generally. Wetlands have traditionally been places for gathering
mahinga kai and a range of other cultural materials, important to the customs and economy
of tangata whenua. Therefore the loss of these significant resources has had a huge impact
on the spiritual and cultural values of tangata whenua.
General Comments
1. Quality water is essential to all life.
2. Commodification of water lowers this necessary recognition.
3. But, water is an important eco-service for industry and commerce.
4. Commerce and industry must account, completely, for the full range of effects
resulting from their activities, so that they understand, and take full responsibility for
all of their actions – the impacts of sourcing resources, manufacture, distribution use
and disposal. Balance sheets must include the full spectrum of “externalities”, which
in this case will require full-spectrum explicit accounting for water use (quantity) and
water state (quality) as a consequence of use.
5. Economic growth, as a central driver of water consumption, is not a rational concept
to associate with water management. The intellectual rationality around the future of
industry and commerce involves development – „sustainable development‟. (Growth
may occur as a sub-set of development in the context of overall sustainability.) This
is beyond semantics, as realistically, open ended growth does not logically fit with our
reality of managing finite resources.
6. Fresh water management must be underpinned by wisdom based upon cultural and
scientific knowledge, which is essential to give rise to, inter alia: Sustainable
development.
7. The primary constraint in fresh water management must be relative-precaution,
where insufficient information is available.
8. The sustainable management of water resources does need to address, with
absolute attention, the following hierarchy of priorities:
52
Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai
Primary consideration
o No further allocation until iwi matters around Wai Maori have been addressed.
(The compulsion to allocate water needs first to be carefully examined.) o Allocate to sustain / enhance ecosystems
o Allocate for drinking water purposes - private / municipal
Secondary consideration
o Allocate for recreation purposes
o Allocate to the landscape for visual / visitor purposes
o Allocate to public municipal space for passive purposes
o Allocate for rural, industrial, or other commercial use
9. A safe and responsible water management regime is entirely encompassed by the
principles outlined above.
Clearer Articulation of Te Ātiawa values for water
1. Water is taonga
2. The degradation of water, particularly as a consequence of waste generated by
human activity, is particularly abhorrent to Māori.
3. The idea that water quality in a Water Management Area be reduced to enable
economic growth, as proposed, is completely unacceptable to Māori, to Te Ātiawa,
as kaitiaki.
4. Te Ātiawa, as kaitiaki, carry an abiding and deep responsibility to their ancestors for
fresh water quality throughout their rohe, for sustaining the mauri of the water.
5. In practical terms, and using the terminology of the NPSFM, the spectrum of
acceptable water quality could run from an ideal of drinking water standard to a limit
of quality acceptable for contact recreation. Beyond that, the mauri is lost and with it
the mana of Māori, of iwi, of hapū and of whānau.
6. The second fundament cultural concern for Te Ātiawa involves the continuing ability
of Te Ātiawa people to engage safely in traditional and cultural practices, and to
realise contemporary aspirations associated with the water resources of the rohe.
7. Threats to sustaining the mauri of fresh water include:
o Discharges into waterways urban and rural
o Community and domestic water-takes, from small streams, with threats to
ecology
o Damming and diversion of watercourses
o Draining of water wetlands
o Noxious aquatic plants
o Loss of habitat for tuna, etc
o Use of herbicides for weed control
o Dairy run-off
o Introduction of exotic species and organisms
o Earthworks
Kāi Tahu ki Ōtākou – Te Mana o te Wai - Otago Region
53
Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai
Key Documents
Kāi Tahu ki Otago Natural Resource Management 1995
Te Rūnanga o Ngāi Tahu Water Policy 1996
Ngāi Tahu Claims Settlement Act 1998
Kai Tahu ki Otago Natural Resource Management Plan 2005
Otago Rūnaka Water Forum Proceedings 2011
Ngā Matapono ki te Wai
Cultural Health Index
Te Mana o Te Wai
Water descends from our creation beliefs. The first mention of water is Te Mākū (moisture).
Life came into being when Te Mākū mated with Mahoranuiātea, another form of water, and
of this Rakinui was born. Rakinui had two wives, Poharuatepō and Papatūānuku. From the
unions of Rakinui came the flora and fauna, the mountains and people. Kāi Tahu descends
from Raki and his wives.
Kāi Tahu is therefore bound to the waters of Te Wai Pounamu through whakapapa.
Kāi Tahu classified water in a number of ways. Some of these categories include:
Wai-Māori – pure water, water rich in mauri, used for cleansing and for ceremonial
purposes.
Wai-tai – sea water.
waimanawa-whenua – water from under the land,aquifer /springs.
waikarakia – water for ritual purposes.
waitapu – sacred water, waters used for ceremonial purposes.
The point of difference for Kāi Tahu is the spiritual relationship with the environment. Kāi
Tahu are connected through spiritual beliefs with the atua and the environment created by
those atua. The mana and hauora of Kāi Tahu is inextricably interwoven with the mana and
hauora of waterways.
Waterways embody the mana of Kāi Tahu, regardless of the extent to which they have been
manipulated.
The lakes are the source of the South Island‟s water and the traditions link the earliest
ancestors discovering and naming these great sources of pure water.
54
Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai
Further to these discovery associations are many tales of personification of the waterways
with legendary and ancestral beings. For example the Clutha River is known as the Mata-au
which is also the name of the taniwha who resided in Lake Wakatipu; and Waitaki, which
means “waters crying”, was considered by many to be a reference to the tears of Aoraki.
Other waterways have direct association with ancestors who have resided within or adjacent
to them and it is important to note that every spring that was known to Kāi Tahu was named
and recorded in the oral map of the South Island.
Water itself, but perhaps more accurately, the associated waterways had a myriad of uses
for Māori that are a reflection of water use across human society. Water was used for
drinking, food gathering, bathing, as a travel artery, recreation and ritual cultural practices.
When it came to use of a waterway, wetland, lake or lagoon then it is important to note that,
in most instances, parts of a water body were dedicated to a particular use either in time or
space.
In one water system, which was viewed as a single entity, there would be areas set aside for
food gathering during the appropriate season, another area would be dedicated for religious
rituals whilst yet another area may be for daily bathing. Such dedications could be repeated
along the course of a single long river.
Practical means of affirming mana and rangatiratanga:
Ki Uta Ki Tai (holistic approach);
RMA: Develop ‟Whole of River Protocol‟ with the Regional Council and the Local
Authorities on the River;
Clear objectives supported by planning documents to reinstate cultural icons (mahika
kai, trails, place names, water quality and quantity, mana, protocols and ceremony);
Kaitiaki role;
Presence in the catchment;
Reaffirming cultural connection and expertise.
Kāi Tahu ki Murihiku – Te Mana o te Wai - Southland Region
Key Documents
55
Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai
Te Rūnanga o Ngāi Tahu Water Policy 1996
Ngāi Tahu Claims Settlement Act 1998
Te Tangi a Tauira – the Cry of the People
Ngāi Tahu ki Murihiku Natural Resource and Environmental Iwi Management Plan 2008
Our Uses – Cultural Uses in Murihiku 2011
Ngā Matapono ki te Wai
Cultural Health Index
Te Mana o Te Wai
Ngāi Tahu ki Murihiku recently expressed their aspirations and expectations for water management in a position paper for the Environment Southland Water and Land 2020 & Beyond project. The resulting four key statements are derived from the key documents identified above and are focused on the key objectives of the project.
The following text is replicated, with references, in a report for the Ngā Kete o Te Wānanga: Mātauranga, Science and Water Management project2, produced by Kitson Consulting Limited in conjunction with Te Ao Mārama Incorporated and the Murihiku Runanga Advisory Group.
1. The waterways are to meet their respective cultural expectations/values through maintenance or restoration. No water body within Murihiku can have further degraded water quality.
Ensure the protection, restoration and enhancement of the productivity and life
supporting capacity of mahinga kai, indigenous biodiversity, air, water, land, natural
habitats and ecosystem, and all other natural resources valued by Ngāi Tahu ki
Murihiku.
Strive for the highest possible standard of water quality that is characteristic of a
particular place/waterway, recognising principles of achievability. This means that we
strive for drinking water quality in water we once drank from, contact recreation in
water we once used for bathing or swimming, water quality capable of sustaining
healthy mahinga kai in waters we use for providing kai.
Ensuring the health and wellbeing of water is a prerequisite for ensuring the
continued health and wellbeing of mahinga kai resources and ultimately the people.
2. In exercising kaitiakitanga, we work actively to ensure that spiritual, cultural and mahinga kai values of the takiwā are upheld and sustained for future generations.
Water is central to all Māori life. It is a taonga left by ancestors to provide and
sustain life. It is for the present generation, as tangata tiaki, to ensure that the
taonga is available for future generations in as good as, if not better quality.
2 A five year project funded by the Ministry for Business, Innovation and Employment
56
Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai
There is a mutual understanding of iwi and local authority values and responsibilities
with respect to the environment, effective management of resource by councils, and
effective performance of kaitiaki by Ngāi Tahu ki Murihiku.
3. Ensuring skills, activities and knowledge relating to water and mahinga kai are fostered and passed on to future generations.
Mō tātou, a mō ka uri a muri ake nei – for us and our children after us.
Ensure the protection, restoration and enhancement of the productivity and life supporting capacity of mahinga kai, indigenous biodiversity, air, water, land, natural habitats and ecosystem, and all other natural resources values by Ngāi Tahu ki Murihiku.
Ngāi Tahu ki Murihiku do not believe we should be granting consents for activities
where we do not know what the effects may be over the long term. Anything over 25
years is essentially making decisions for the next generation.
Water management needs to recognise and accommodate places, specific uses at
sites, and that the cultural values and uses they sustain cannot be relocated to other
locations in the catchment.
4. Imbed cultural values throughout water management from defining the issues to value setting and monitoring. Narrative, visual and cultural indicators are key management tools.
Water is a holistic resource. The complexity and interdependency of different parts of the hydrological system should be considered when developing policy and managing the water resource.
Resource management agencies do not always appreciate the depth and value of traditional environmental knowledge held by members of the Ngāi Tahu whānui. In many resource management forums, scientific and technical expertise is seen to be superior to traditional knowledge and tikanga.
By developing an informative and highly visual resource for Ngāi Tahu whānui and the wider community, we have made it possible to explore a historical landscape in an open and non-confrontational context for information sharing, thus utilising publicly available data and private sources of knowledge (such as whānau, hapū and iwi archives). This resource can hopefully serve as „common ground‟ for catchment-level thinking and management.
Specificity is needed in value setting.
For example: “Flows needed to protect mahinga kai”
Indicators:
Oxygen – higher flows oxygenate deeper water. Colder waters hold oxygen.
Food
Habitat
Temperature – species have optimal temperature ranges for survival
Cover – debris in stream; vegetation in and beside stream; pools and overhang banks; etc
Life cycle stages – triggered by freshes
Gathering – methods, fishing experience and catch rates change
Transportation / accessibility
Turbidity – amount is dependent on velocity and turbulence
Sediment in stream
57
Te Rūnanga o Ngāi Tahu APPENDIX TWO: Te Mana o Te Wai
Incorporation of indicators used by tangata whenua to assess the health of a waterbody, eg.
Shape of the river Natural river mouth environment
Sediment in the water Water quality
Water quality in the catchment Abundance and diversity of species
Flow characteristics Natural and extent of riparian vegetation
Flow variations Use of river margin
Flood flows Temperature
Sound of flow Catchment land use
Movement of water Riverbank condition
Fish are safe to eat Water is safe to drink
Uses of the river Clarity of the water
Safe to gather plants Is the name of the river an indicator?
Indigenous vs. exotic species Natural river mouth environment
Additional aspirations have also been expressed in different forums, these include:
Development of the capacity to contribute to decision making processes
Ngāi Tahu development rights pertaining to water resources (Ngāi Tahu have in-stream and out-of-stream aspirations for water)
Social aspirations – swimming and recreation, domestic supply for home and marae, stock water, fishing.
Being able to drink the water.
Protection and restoration of culturally significant sites even if they are degraded eg Mataura Fall/Te Au nui, highly industrialised site, but retains high cultural significance and became the first Water Mataitai in the country with restoration occurring by Hokonui rūnanga.
Retaining connection and in some cases establishing reconnection to areas (including activating nohoanga).
Use of cultural/traditional tools for monitoring and management of water ways eg. Rahui, tapu, mataitai.
Shared decision-making options on water management, and a better understanding by Regional Councils on what this means, compared with consultation.
58
Te Rūnanga o Ngāi Tahu APPENDIX THREE: Gap Analysis
APPENDIX THREE: GAP ANALYSIS
Narrative Response – Marlborough Region
Te Atiawa understands that Phase Three of the Te Waipounamu case study project is about
identifying priority instruments for iwi in recognising Te Mana o Te Wai. Phase Three is also
an opportunity to highlight any gaps in relevant instruments where existing instruments have
actual or potential implications for Te Mana o Te Wai but do not effectively recognise
or provide for these values.
Te Atiawa has chosen to highlight the draft Marlborough Regional Policy Statement (MRPS)
and specifically the draft Iwi Chapter (Chapter 3) and draft Water Chapter (Chapter 15).
These two draft chapters are both current, and completed, replacement instruments that all
Marlborough iwi have been working on together over the last 8 years.
All other existing and dated documents / instruments are being replaced by the MRPS and
Te Atiawa has chosen not to go beyond this modern information and hard-won
accomplishment for Marlborough iwi.
Throughout the two draft chapters of the MRPS that have been identified, are reflections of
Te Mana o Te Wai values and interests. Gaps in fulfilling effective recognition on all iwi
issues will inevitably exist in a region that has been settled and shaped by the workings of a
European dominated culture.
As a consequence of years of regular engagement by iwi, through the Marlborough District
Council‟s Iwi Working Group (IWG) the two draft chapters are considered to be sufficiently
acceptable to all Marlborough iwi. Obviously they will soon face a stern test of public
process when the MRPS is publically notified. However, the Marlborough District Council
does have a tangible commitment to iwi views in this context, because of the shared journey
and the substantial korero between the parties.
The Marlborough District Council is currently working with the Marlborough community,
including iwi, individual iwi and the recently convened Te Tau Ihu Rivers and Water Advisory
Komiti, about the future allocation of water in Marlborough. This is the current focus and
where the iwi effort is going, and the existing provisions are essentially history, in critical
statutory process terms, for the purposes of this exercise.
59
Te Rūnanga o Ngāi Tahu APPENDIX THREE: Gap Analysis
Narrative Response – Otago Region
Where have the greatest gains in water management been made to date for your iwi in your rohe?
Some of the greatest gains in water management have come through the greater
recognition given to Māori rights, interests and values in a “top-down” approach
from Central Government direction in the Resource Management Act 1991,
National Policy Statement on Water Management, and inclusive processes like
the Land and Water Forum to Local Government.
Rights, interests and values incorporated in references to the Treaty of Waitangi,
Kaitiakitaka, Mauri, Whakapapa and Manawhenua have been important.
The Treaty implies a partnership exercised in the utmost good faith. Kāi Tahu ki
Otago embraces the ethic of partnership and recognises the need to work with
the wider community to ensure a positive future for all people. Kāi Tahu ki Otago
represents the Crown‟s Treaty partner in the Otago Region and as such has a
special status. The concept of partnership is fundamental to the compact or
accord embodied in the Treaty of Waitangi; inherent in it is the notion of
reciprocity. The test for Local Government Agencies and other branches of local
and central government is how to develop an effective partnership with Käi Tahu
ki Otago. For some, joint management strategies, co-operative management
regimes, or the transfer of powers and functions will have to be implemented in
order to give effect to true partnership.
In recent years, Parliament has chosen to refer in legislation, to the principles of
the Treaty, rather than its explicit terms. For the purposes of the legal system,
these principles are drawn from decisions of the Waitangi Tribunal, the New
Zealand Court of Appeal and the lower courts. In the resource management
context, the Planning Tribunal has sounded some cautionary notes as to the
applicability of all Treaty principles to matters under the Resource Management
Act. However, it is the view of Käi Tahu ki Otago that the Treaty is not to be read
down in any circumstances, and that all of the principles of the Treaty have
relevance to resource use and management decisions within the Otago region
Kaitiakitaka, which is derived from the word “kaitiaki”, includes guardianship, care
and wise management. The term has received recognition in Section 7(a) of the
Resource Management Act 1991 and is defined in the Act as “the exercise of
guardianship by the tangata whenua of an area in accordance with tikanga Māori
in relation to natural and physical resources; and includes the ethic of
stewardship”.
Mauri is imbued in all things and is a special power derived from the Supreme
Being. At birth the two parts of body and wairua are joined together as one by the
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Te Rūnanga o Ngāi Tahu APPENDIX THREE: Gap Analysis
mauri. On death the mauri is no longer able to bind these elements together and
the physical and spiritual parts are separated. The forest, waters, the life
supported by them, together with natural phenomena such as the mist, wind and
rocks, possess a mauri or life force. The primary management principle for Māori
is the protection of mauri or life-giving essence of an ecosystem from
desecration.
Whakapapa is central to our identity and describes a familial relationship in which
manawhenua are enveloped through custom and tradition with their lands,
waters or sea. It is a bond that is reciprocal, manifest in our language through
waiata, pūrākau, whakataukī and place names. Management, use and protection
of the many natural resources are framed in the belief of inter-connectedness,
and the cultural values that underpin that world view.
We are of the Uruao, Arai-te-uru, Tākitimu waka, of the Kāti Rapuwai, Waitaha,
Kāti Māmoe and Kāi Tahu people. Our traditions reach back to the very
beginning of time, to the creation of land and sea, to the emergence of
humankind. In this sense, we are a people who define their right to Manawhenua
status and represent the mana of the land. Through having a culture, language,
traditions, resource use and management, place names and whakapapa to the
land well before other arrivals to this land, we are Manawhenua. This hallowed
status is determined by whakapapa and the traditions that place whānau and
hapū in a place and at a time in history as the true customary right holders.
Continuous occupation and regularly exercising customary use rights to
resources in a given territory are also an important means of keeping the “fires
burning” to uphold ahi kā status. The ability to access and use the range of
resources, as did our tīpuna, is a long-held aspiration. The resources are a
taoka, custom associated with the gathering, and use gives body to our culture.
However, a word of caution needs to be signalled in that Māori words such as
kaitiakitaka, mauri, wairua and tikaka are expressive of customary concepts that
are best understood in the context of the language and the culture they derive
from. To reinterpret these meanings into the English language by its very nature
loses significant context and meaning.
To absorb such words into legal frameworks and create definitions to suit the
legislative norm is reductive and creates a simplistic explanation. The Kāi Tahu
understanding of kaitiakitaka is much broader then that defined in the RMA 1991.
The “top-down” approach from central government has assisted a conversation
to occur with Local Government in Otago. However, many years and many
exhaustive hours have been undertaken by Kāi Tahu to gain traction in getting
greater recognition of this legislative intent.
Current processes that have contributed to greater input into decision making
include the following:
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Te Rūnanga o Ngāi Tahu APPENDIX THREE: Gap Analysis
Mana-to-Mana – A grouping of the Chairs and Executive representatives of
Ngā Rūnanga and the Chair, CEO and representatives of Councillors of the
Otago Regional Council meet four times a year to discuss broad issues of
interest, joint projects and to “keep the relationship warm”.
Te Rōpu Taiao Otago – A governance charter signifying the creation of Te
Rōpu Taiao Otago was signed in Dunedin in 2013. The group‟s initial
membership consisted of the Otago Regional Council, Dunedin City Council,
Clutha District Council, Central Otago District Council, and the Hokonui,
Ōtākou, Puketeraki, and Moeraki Rūnanga. The Waitaki District Council
looks set to sign the charter at the next meeting with the QLDC still to come
on Board.
Te Rōpu Taiao backs-to-backs its meetings with the Otago Mayoral Forum and
therefore meets four times a year to discuss matters of joint interest. The
development of this Group was an important step in establishing the working
relationship between local government and iwi in Otago.
Te Rōpu Taiao will act as a forum between Ngāi Tahu and local authorities in
Otago to facilitate better mutual understanding, improve iwi engagement and
resourcing for council-oriented business, and foster and grow iwi capacity in local
government. The group‟s objectives include developing a combined work
programme to ensure iwi participation in resource management, which will also
help local authorities to fulfil their statutory obligations to iwi. For Kāi Tahu the
formation of the group was a significant event in terms of improving collaboration
between iwi and local government in Otago.
The development of this group has been built on many previous roles, forums,
and attempts at forming relationships with Councils.
Kai Tahu ki Otago Limited reports to the forum on the development of a joint
work programme, the progress on the programme and forecasts for the next
year.
The current work programme includes the following projects:
Biodiversity Strategy
Groundwater management -Plan Change 4B
Cromwell Aquifer
Dunstan Flats Aquifer
Hawea Basin Aquifer
Maniototo Basin
Papakaio Aquifer
Minimum Flows
Arrow River
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Te Rūnanga o Ngāi Tahu APPENDIX THREE: Gap Analysis
Cardrona River (with Lindis)
Ettrick/Benger Burn (with Low Burn)
Lindis River/aquifer (with Cardrona)
The success of the work programme is the forecasting 1-3 years out of projects.
This allows for Kāi Tahu to ascertain the internal resourcing and skills required.
The work programme is attached to resource based on the projects.
An example of a very successful project in relation to Te Mana o Te Wai has
been the review of the Otago Regional Council Regional Policy Statement.
Kāi Tahu have been involved in this project from the beginning. Over 18 months
we have achieved significant recognition in the draft, including the addition of a
Kāi Tahu pillar (see the attached summary of elements within the draft RPS).
What are the areas of water management that are disappointing in terms of the aspirations of your iwi for Te Mana o te Wai in your rohe?
Lack of Co-Management opportunities.
Lack of acceptance locally of iwi developed tools such as the Cultural Health
Index and Cultural Flow Monitoring. Whiles these tools have been accepted
in other regions the uptake in Otago has been non-existent.
Lack of integrated planning between Water and Land. An example would be
the issuing of consents for subdivision by territorial authorities and the
pressure being put on Kāi Tahu to approve of water quality and water quality
consents.
What would be needed to fully reflect the rights, interests and values of your iwi in water in your rohe?
Co-Management – Provide greater opportunity for Co-Management and
provide associated resourcing.
Decision making powers, provided for under in the RMA but no examples
locally.
Integrated management – ki uta ki tai, mountains to the Sea
Greater recognition of Iwi Management Plans
Conflicting messages – the Government has all but ruled out Māori water
ownership saying “no one owns water”, but essentially this is already
happening through the granting of consents.
Consent terms of 30 years must be reduced to reflect the change in climate
that‟s occurring.
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Te Rūnanga o Ngāi Tahu APPENDIX FOUR: Resource Needs
APPENDIX FOUR: RESOURCE NEEDS
Te Atiawa o Te Waka-a-Maui Trust - Resource Needs – Marlborough Region
Assessing and reporting on upcoming opportunities to influence freshwater management
from an iwi perspective that the Marlborough District Council (MDC) is intending to
undertake has been challenging and difficult to complete. This is due to the lack of any
response from MDC when asked to provide a draft schedule of dates and tasks on what
freshwater planning and management functions are coming up in the near future which will
require iwi input.
Notwithstanding the above, what is provided as follows are envisaged works based on
current knowledge on MDC planning and policy processes and items that relate to
freshwater management which have been raised in recent hui with MDC staff members.
The draft Marlborough Resource Management Plan (MRMP) is to be publically
notified later this year (2015). The draft MRMP is to incorporate regional coastal
rules, regional rules and district rules. At the time when the MRMP is notified,
Marlborough iwi will have the opportunity to submit on any proposed rule, including
those that directly or indirectly relate to freshwater.
MDC is currently working with the Marlborough iwi and the recently convened Te Tau
Ihu Rivers and Freshwater Advisory Komiti, to discuss the future allocation and use
of water in Marlborough.
MDC may reconvene the Iwi Working Group and may also invite Marlborough Iwi to
participate in the already formed Water Allocation Working Group, however this is yet
to be confirmed.
Forward-rolling monitoring and compliance regimes are matters that are on-going
and from time to time require input from iwi. This is a totally unpredictable situation.
However this could quite possibly increase as more public / inter-iwi exposure is
required in the post-Settlement world.
Resource consent applications (RCA) and proposed plan changes (PC) are where a
large majority of dedicated time is spent. The management of these proposals is
about making sure that projects or activities do no impact negatively on the natural
world. Dominant issues raised by the iwi of Marlborough are often about:
- The Maori holistic system of values
- Te Taha o Te Ao (environment)
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Te Rūnanga o Ngāi Tahu APPENDIX FOUR: Resource Needs
- Te Taha Hinengaro (way of life)
- Te Taha Wairua (spiritual and customary values)
- Te Taha Tinana (healthy body)
- The need for the Council to recognise tino rangatiratanga and power-sharing
- The need to allow sufficient time for input and consultation
- Lack of iwi management resources
- Lack of iwi commercial development
- Water quality
- Pollution and waste management
- Waahi tapu
- Claims to the Waitangi Tribunal
- Introduced species
Most RCA applications can be managed by conditions of consent, to cover iwi concerns.
This is generally negotiated with the MDC Case Officer delegated to process each
application. Some applications require detailed discussion, the provision of more information
and further analysis and maybe a site visit, before they are satisfactorily understood.
There are times when either:
Scientific peer-review is deemed necessary for Council and/or an application for an
RCA; or
It is identified that the iwi needs particular expert scientific advice that could lead to
formal representation on a particular issue. This could lead to legal advice and could
also extend to pooling the broad resources of Marlborough‟s Iwi for mutual support
referential purposes where particular skills and/or knowledge is available to support
the overall RCA challenge.
If there are unresolved concerns, a submission in opposition is lodged, which, if required is
supported by the iwi at the related hearing.
Ideally, there should be a pan-iwi representative on the MDC hearings and
environmental committees, as well as a pool of Iwi Commissioners (from a number of
Marlborough iwi, to prevent conflict of interest) available to cover the tikanga issues
at hearings.
Whilst operative Iwi Management Plans (IMP‟s) are not an aspect being directed by
the MDC, operative IMP‟s provide significant value in the resource consenting
process and they also provide a vision of how the management and protection of
natural and physical resource, including freshwater, can be achieved based on
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Te Rūnanga o Ngāi Tahu APPENDIX FOUR: Resource Needs
cultural and spiritual values of tāngata whenua. It is noted that not all of
Marlborough‟s Iwi have operative IMP‟s.
Site specific kaitiaki plans and cultural impact assessments may be required for MDC
projects or RCA‟s that require iwi put and resources. This work is on an as-needed-
when-needed basis. Generally proposals that: involve the discharge, use, diversion
or disturbance of a natural resource, including freshwater; or involve the removal of
native vegetation close to waterways; or are close to places of cultural significance or
value will require a CIA to accompany a resource consent application.
Over the last approximately three years, Te Atiawa has had two part time Resource
Management Officers (RMO), one currently employed by the Trust and the other a
consultant. These two personal equate to approximately 1.0 FTE but at times the two RMOs
operate on more than 1.0 FTE.
Other mandated work and current resourcing limits the amount of time Te Atiawa spends on
freshwater.
Post-Settlement responses to freshwater management issues and projects is expected to
put additional pressure on Te Atiawa‟s RMOs.
Papatipu Rūnaka & Kai Tahu Ki Otago Ltd - Resource Needs – Otago Region
KTKO Ltd acts on behalf of Papatipu Runanga in a numerous environmental forums. As
such the risk we face is trying to be “all things to all people”. We are expected to be experts
or at least have a greater understanding then most in water science, hydrology, planning,
policy development, Maori and community development, climate change, oil and gas
exploration, local and central government process. I do not believe that there would be
another profession where such a wide range of skills is required.
The practicalities of this impact on our resources in a number of different ways. First, we
spend a significant amount on training and professional development. Most training
programs and conferences are held outside of Otago. The registration, travel and
accommodation are sometimes outside our means. Therefore we need to select only the
most critical of opportunities. Also impacted is the sometimes higher fees and time to
maintain professional registrations. Second, at KTKO Ltd we retain staff with a high level of
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Te Rūnanga o Ngāi Tahu APPENDIX FOUR: Resource Needs
skills and qualifications the correlation is that skills and qualifications command a higher
price in the market place. We struggle to compete with consultancy firms and Councils
offering higher remuneration packages.
KTKO Ltd receives funding from a number of different sources; most work is funded through
a work programme we have established with the Councils in Otago. While this has provided
a level of financial security there is a lot of work that happens “behind the scenes” that is a
cost KTKO Ltd carries. Sources of funding include:
Te Roopu Taiao Work Programme (across all Otago Councils, except for
Queenstown Lakes District Council)
Public Health Contract
Cultural Impact Assessments
Cost Recovery on Resource consent Applications
Te Runanga o Ngai Tahu Environmental Entity Fund
For some projects applications to funding bodies like Lotteries etc.
If you were to ask me what our needs are it would be in the professional development and
training opportunities for KTKO ltd staff members and the up skilling of runaka members.
Papatipu Rūnaka & Te Ao Marama Inc - Resource Needs – Southland Region
As discussed in Phase 3, Te Ao Mārama Incorporated (“TAMI”) works on behalf of Ngāi
Tahu ki Murihiku with councils in Murihiku on matters relating to the Resource Management
and Local Government acts. TAMI is part funded by annual set contributions from regional
and local councils that totalled $227,000 in 2014/15. The target funding helps councils meet
their legislative requirements and facilitate tangata whenua input into plans, policies, etc.
Of the total $227,000, Environment Southland contributes $38,381 per annum and Otago
Regional Council contributes $44,852. Environment Southland also provides 50% ($42,400)
of the costs for the Kai Tohutohu/Iwi Policy Officer role with Te Rūnanga o Ngāi Tahu
environmental entities funding covering the other 50%.
Approximately 70% of TAMI staff and governance capacity is already allocated to water
management, with the regional council still to start value, objective and limit setting phases.
TAMI‟s response includes policy development and review, issue based project teams (ie.
Waituna Lagoon), and resource consents. Other mandated work and current resourcing
limits the amount of time TAMI spend on water.
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Te Rūnanga o Ngāi Tahu APPENDIX FOUR: Resource Needs
Capacity reviews over the last year have shown that TAMI has 3.8 FTE but in reality is
operating on 5.1 FTE with the inclusion of consultants and TRoNT. To satisfactorily deliver
the work presently coming to TAMI, an additional 3 FTE is required. The 3 FTE is made up
from the perceived gap in existing capacity (1.7 FTE) and the work being undertaken by
consultants and TRoNT (1.3 FTE).
Role Current FTE
Breakdown
Admin
Breakdown
RMA/LGA
/Enviro Health
FTE
Gap#
Total FTE
Required
TAMI Staff
3.8 1.5 2.3 1.7
5.5
Consultants
0.7 0.1 0.6 n/a
0.7
TRoNT Support
0.6 0.1 0.5 n/a
0.6
5.1 1.7 3.4 1.7
6.8
# Additional FTE required to adequately deliver the role as it currently stands
Projected Resourcing Requirements
As noted above, TAMI currently has a gap in exiting capacity of 3 FTE, and the response to
the National Policy Statement - Water Management is expected to put additional pressure on
TAMI. Early estimates, based on the experiences of whānau from Canterbury, indicate that
the four Papatipu Runanga will require a combined total of 6-8 FTE to support their
involvement in regional limit setting. This estimate is in addition to the support TAMI can
provide and any joint staff working with Environment Southland ie. FMU facilitators, technical
experts. It is difficult to estimate how much it would cost for these staff as Māori staff tend to
be undervalued or have an expectation that they will earn below market value.
To be truly involved in water management with regional councils, rūnanga and TAMI need
training in the Resource Management Act and capacity to develop/increase mātauranga
Māori across whānau. Training is problematic as basic courses, like „Water Quantity and
Quality Planning under the RMA‟ run by the New Zealand Planning Institute cost $630 per
person. For eight people from TAMI and Papatipu Rūnanga to attend that course in
Christchurch (the closest to Murihiku) will cost approximately $9,500, with a possible loss in
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Te Rūnanga o Ngāi Tahu APPENDIX FOUR: Resource Needs
wages for those undertaking this training outside their current employment. This level of
funding for training cannot be sustained in projected budgets.
Investments in iwi led environmental research would help support the work of TAMI. In turn,
this up-to-date information will filter into the work being led by regional councils. The
research needs to focus on the strategic, long term, and everyday environmental needs of
Ngāi Tahu ki Murihiku rather than specific, short-term deliverables.
Instruments also need to recognise the extensive range of services iwi environmental
entities now provide, partly at the request of Papatipu Rūnaka, but mostly due to changing
expectations and legislation/regulations coming from external sources. For example, the
table below shows how TAMI‟s role has grown since 1997 and the opportunities it has to
grow into the future. Of those opportunities, it is most likely those that closely align with
council needs that will be developed further, rather those the opportunities that mana
whenua may prefer to pursue.
Te Ao Marama Inc Functions and Workload
1997 2008 2014 Additional work for
2015 onwards
provide liaison between Iwi and the Council, including liaison between Councils and/or staff and between individual Rūnanga.
co-ordinates iwi input and liaison with respect to processes established under the Resource Management Act and associated legislation;
develops and implements short and long term policies and guidelines for the co-ordination of consultation;
receives and distributes information to rūnanga, council and organisations;
provides a one-stop shop for Resource Consent applicants requiring assistance with consent applications;
promotes understanding of the role of iwi, by visiting and communicating with relevant organisations and groups as required;
organises hui on behalf of iwi/councils;
promotes a positive image of the iwi;
promotes and participates in hui/meetings/seminars which may be of benefit to iwi and/or councils/agencies and reports back accordingly.
evaluation of environmental guidelines, policies and plans at local, regional and national levels
Developing Long Term Plans and related Annual Plans with councils
aligning policy development and implementation with the outcomes desired by rūnanga, as stated in Te Tangi a Tauira
developing internal TAMI processes, policies and reference material
Resource Consents
Southland Coastal Heritage Inventory Project
Water management and site/issue specific management projects such as Oreti Beach and Waituna
Ngā Kete o te Wānanga
Pōwhiri/mihi whakatau on behalf of councils
Relationship agreement between TAMI and KTKO
Public enquiries
developing rūnanga policies and position statements
stimulating discussion and capturing knowledge and perspectives from rūnanga around environmental management, specifically freshwater
working on policy and plan development beyond the RMA
developing an in-depth knowledge of the RMA and related case law
seeking input of relevant expertise where appropriate
contributing to technical workshops with council staff and rūnanga
administrative and reporting functions between Councils and Te Ao Marama
delivering on the outcomes from the Ministry of Health environmental contract
freshwater management
furthering relationships between all the councils, rūnanga and TAMI
staff training
high level strategic documents and prioritisation
communications (external and internal)
digital presence
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Te Rūnanga o Ngāi Tahu APPENDIX FOUR: Resource Needs
project coordination and information sharing
Monitoring and compliance
Environmental Inventories
Local Government functions, including decision making and engagement
Responding and capitalizing on proposed changes to the Resource Management Act
Relationships with industries and interest groups
Review and implementation of TAMI office systems and polices
TAMI work programme – past, present and future