Feb 2018 Northland Regional Council The New Zealand ... · Management (NOF-FM). (c) “The National...

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David Milner – 26 Mckinnon Crescent, Waiouru Military Camp, Waiouru, Manawatu/Whanganui, 4826. Ph 06 3876433, Email: [email protected]

19th Feb 2018 Northland Regional Council Consents Department Private Bag 9021 Whangarei 0148 Email: [email protected] The New Zealand Refining Company Limited, Trading as Refining NZ Ryder Consulting Limited PO Box 13009 Tauranga 3141 Attention: Gavin Kemble [email protected]

Re: Proposed Deepening and Realignment of Whangārei Harbour Entrance and Approaches. Tēnā koe, Tēnā hoki koe me ngā tini āhuatanga o te wā. Huri atu te pō, nau mai te ao.

Please receive the follow up supporting submission for the Refining NZ (RNZ) application (ref

- APP.037197.01.01) to Northland Regional Council.

The primary focus of this submission will be based on the significant gap in the cultural

expectations and requirements for the application. It will tie in key areas to connect the

tangible and intangible cultural views and concerns of our whānau, hapu, iwi.

This supporting submission reiterates our position:

1 Position Statement

1 Position Statement – Part One1

The Henare and Tuihau Pirihi whānau, cannot support the degredation of the Mauri of Te Rērenga Paraoa through the activities of the Proposed Deepening and Realigning of the Whangārei Harbour Entrance and Approaches.

2 Position Statement - Part Two

(a) We understand that RNZ will continue to be a key Industrial member of our community. We also see they continue to update and upgrade to future

1 Henare & Tuihau Pirihi Whanau Submission 11th Oct 2017

mailto:[email protected]



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proof their facilities to remain competitively active for the petroleum industry in New Zealand.

(b) We see the need for more robust and comprehensive research and monitoring initiatives should be put in place prior to any consent given, to eliminate the doubt and uncertainty that is apparent in this application.

3 Supporting Statement

In support of our position statements and details in the Henare & Tuihau Pirihi Whānau submission we elaborate more on some of the key issues. We also refer to key components of the Northland Regional Council S42A Staff Report2.

2 Cultural Effects Assessment

(a) Section 2.3 – Cultural Values; paragraphs 74 – 86 of the S42a Staff Report

paraphrases some issues from the Cultural Effects Assessment (CEA). This CEA

report was not provided as a key component in the suite of technical

documents for this application.

(b) After three years of comprehensive hapu and iwi engagement to develop

this robust report, and for it not to be included, is a disparaging action and

reflection of the level of respect to mana whenua from the applicant.

(c) Section 3 – Submissions; paragraph 89, of the S42a Staff Report: details over

60% of submissions in opposition; were from Māori.

(d) This is significant, therefore raises the need to get a full understanding of

the cultural issues with this proposal.

2 Peer Review – Te Onewa Consultants Ltd3

(a) As stated in the original submission we do not support the peer review of

the CEA. We believe the consultation process and three-year term was robust

and transparent enough to warrant the final outcomes and expectations.

(b) The process and timeframe to respond to the CEA was limited. Additionally,

the peer review was not robust and was merely a desktop review. It is believed

that no members of the comprehensive consultation process were

approached for further clarification to support the peer review.

2 Northland Regional Council s42A Staff Report 3 Te Onewa Consultants Ltd CEA Peer Review


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(c) The CEA is a compilation of three years of korero by experts in their own

rohe moana, based on their own tikanga (custom), and kawa (protocols). The

peer review with limited context of the holistic view at place is as a result,

limited in value.

2 Legislation

1 Contemporary Kaitiakitanga

(a) Section Four of our submission refers to contemporary Kaitiakitanga. This

reflects the evolution and era that we are moving towards. There have been

quantum leaps regarding the impacts on our lands, villages, and taonga katoa.

(b) Contemporary kaitiakitanga is more about developing and using tools that

are fit for purpose as each era evolves.

(c) Mana Whenua are researching and developing strategies using traditional

methods that have rigor and are robust enough for western science to sit

alongside.

2 Te Tiriti o Waitangi

(a) Engagement in the development of legislation is best practice for Treaty

Settlements. Deeds of Settlements are identifying key requirements by

legislation to acknowledge Mana Whenua and their Tino Rangatiratanga over

lands, villages and taonga katoa.

(b) This process for the RNZ application needs to reflect the principles of Te

Tiriti o Waitangi as this is a direct reflection on the impacts on Te Tiriti o

Waitangi.

(c) An example of extraordinary circumstances such as; Waikato Raupatu River

Settlement4, has now been normalised in more recent Settlements such as; Te

Awa Tupua (Whanganui River Deed of Settlement)5, and most recently Te Waiu

o te Ika (Whangaehu River and Catchment – Ngāti Rangi Initialled Deed of

Settlement)6.

4 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 5 Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 6 Rukutia Te Mana Deed of Settlement Summary – www.govt.nz/treaty-settlement-documents/ngati-rangi


http://www.govt.nz/treaty-settlement-documents/ngati-rangi

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(d) These two river settlements have been given statutory recognition.

(e) Treaty aspirations need to be discussed when considering 35year long term

applications.

3 Iwi Chairs Forum – Technical Advisory Role

(a) The Iwi Chairs forum (ICF) is a representation of approximately 70 Iwi

organisations. It was established by Ngai Tahu in 2005. The ICF has an Iwi

Leaders Group (ILG) which was established to engage with the crown on four

key Pou: Pou Tangata, Pou Tahua, Pou Tikanga and Pou Taiao.

(b) The Pou Taiao ILG engages in: Freshwater, Climate Crisis, Conservation,

Biodiversity (includes Biosecurity), Oil & Minerals, and Iwi Science Panel or Te

Kahu o te Taiao (Mātauranga Māori o te Taiao).

(c) I (David Milner) am a member of Te Kahu o te Taiao (TKTT).

4 Mauri

(a) Mauri is an intangible Cultural Health Indicator. It is an essence that is

regarded as a lifeforce of any object and represents the level of health it is in.

(b) TKTT is the Iwi Science Panel (ISP) Mātauranga technicians that was tasked

by the Ministry for the Environment to develop the recommendations for the

attributes of Mauri for the National Objectives Framework for Freshwater

Management (NOF-FM).

(c) “The National Policy Statement for Freshwater Management provides

direction on how local authorities should carry out their responsibilities under

the Resource Management Act 1991 for managing fresh water” as stated by

the Ministry for the Environment7.

5 Contemporary Tools - Te Mana o te Wai

(a) This is a key part of closing the gap of uncertainty of what cultural tangible

and intangible measures look like in the context of this RNZ application.

7 Ministry for the Environment NPS-FM 2014 (amended 2017)


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(b) There are key regulatory requirements that have opened the

understanding of the cultural expectations of mana whenua/mana moana.

(c) This is stepping towards closing the gaps of understanding in these sittings

at high level legislative forums8.

Appendix 1 details Te Mana o te Wai.

6 Mana Whakahono a Rohe RMA - Section 58M (a) The purpose of a Mana Whakahono a Rohe is: to provide a mechanism for iwi authorities and local authorities to discuss, agree, and record ways in which tangata whenua may, through their iwi authorities, participate in resource management and decision-making processes under this Act; and

(b) to assist local authorities to comply with their statutory duties under this Act, including through the implementation of sections 6(e), 7(a), and 8.

(c) It is these legislative requirements that help to inform authorities how to engage with hapu and iwi to recognise mana whenua mana moana are the voice for our atua, special places, and taonga.

7 Measurement Framework – Holistic View

(a) Mana whenua have created various measurement tools to carry out

research and monitoring of local resources, waterways, and forests across New

Zealand and other indigenous nations.

(b) The Mauri Compass is a good example of how to measure Mauri and the

health of Te Taiao (the Environment) using mātauranga Māori and is one of

many tools available that can be adapted to suit other environments such as

Marine.

Appendix 2 details the Mauri Compass9.

(c) These frameworks and tools are robust enough to stand up in hearings such

as this to apply as an indigenous measure that ensures western science

provides a holistic view and measure.

(d) It is mana whenua mana moana only, that has the ability to identify the

cultural health of the environment.

8 Iwi Chairs Forum (ILG and IAG) Te Mana O Te Wai Presentation 9 National Policy Statement Freshwater – Nationa Objectives Framework Summary Report 30 Nov 2017 Section 4.2 page 8


http://www.legislation.govt.nz/act/public/1991/0069/latest/link.aspx?id=DLM231907#DLM231907



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3 Tohora Taonga

1 Marine Mammal Stranding’s

(a) Marine mammal stranding’s frequent our rohe moana in Bream Bay.

According to the Department of Conservation (DOC), there has been 8

stranding’s in Bream Bay since 2010.

Appendix 310.

(b) This figure does not include the double mass Pilot Whale stranding of 2007.

A total of 32 were flensed with approximately 18 others buried.

(c) This equates to an average of 54 stranded marine mammals over the last

10 years. These are marine mammals that died or washed up dead in our rohe

moana. This does not include the marine mammals that survived as they

frequented our rohe moana or the marine mammals that pass through

regularly without stranding.

(d) This highlights the significance of the impact this application will have on

marine mammals in our rohe moana.

(e) The response that this activity is minor must be elevated as the risk of

impact on marine mammals are more significant than proposed.

2 Tāhuhu Pōtiki

(a) In June 2017 we received a significant tohu (sign). A young adult Sperm

Whale stranded and passed away on Mair Bank. This was received as normal,

as a gift to all that were involved in the customary practice of flensing this

tupuna of ours.

(b) The cultural advisors received the tohu as an opportunity to bring our

whanau, hapu, iwi together again in an act of kotahitanga (collective action)

and tino rangatiratanga (Chieftainship) to express our customary practice

alongside the DOC process and requirements.

(c) The most significant tohu was for whanau, hapu, iwi to be aware of the

industrial activities at that time. Those activities led to this application process

10 Marine Mammal Data – For Patuharakeke 13th Feb 2018


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that will have a significant impact across our cultural concerns especially the

health and wellbeing of marine mammals.

(d) It is my understanding that this is the first Sperm Whale that has stranded

in our rohe moana for at least 10 years. Anecdotal evidence envisages an

increase in marine mammals in this area, according to DOC staff.

See appendix 4 – Power Point Presentation11 - Video Footage, Māori TV12.

(e) It is not only the number but also the species that is critical to the protection

of these taonga. Therefore, we are concerned that this risk is more than minor.

It is believed that Tāhuhu Pōtiki died as a result to ship strike.

4 Mana Moana Status

1 Historical Mana Moana Activities

(a) Patuharakeke whānau have carried out customary and commercial

activities for generations in Whangārei Te Rerenga Paraoa and beyond out to

the Hen & Chicks under the right conditions. A lot of our grandfathers and great

grandfathers or tupuna, harvested kai moana including ika or fish for the wider

community and wananga (learning events), hui (meetings) and tangi (funerals).

This was a common act of kaitiakitanga and manākitanga.

(b) Whanau were also utilising the natural kai moana resources for income by

way of commercial fishing. This is also a intergenerational activity that still

continues today.

(c) It is a part of the draft Mana Moana Management Plan to develop a Marae

based kai moana enhancement program to recover depleted stocks and

ensure we are capable of providing our taonga kai moana at our marae and

homes for our manuhiri at our marae and in our homes.

(d) Population growth is developing and increasing in this area which is putting

more pressure on our depleting kai moana resources.

11 Powerpoint – Visual supporting Information David Milner 12 Video – Audio visual presentation supporting information


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2 Patuharakeke Mana Moana Committee

(a) The PTB Mana Moana Committee is mandated to be the voice, hands and

feet, of the hapu in the rohe moana area. It is the entity that engages in

improving the cultural, environment, aspirations of the hapu within Tangaroa’s

(atua of the sea) domain.

3 Rohe Moana – Kaimoana Customary Fishing Regulations 199813.

(a) A key initiative of the PTB was gazetting the Rohe Moana Boundaries under

the Kai-moana Customary Fishing Regulations 1998 (K-Regs) in 2009. This

provides extra opportunities and safeguards regarding restoring the mauri and

health of our customary fishery areas and species.

(b) PTB have consistently carried a kaitiaki role as; beach ambassadors, kaitiaki

customary Permit Issuers, Honorary Fisheries Officers, Monitors and

surveyors, and managers of areas of concern.

(c) PTB used tools within the K-Reg legislation like S186a Taiapure or rahui,

temporary closures over customary harvest areas specifically on Marsden and

Mair bank which are the cornerstone of this application.

(c) Mair Bank and Marsden Bank are the two areas where we have been

working with the Ministry for Primary Industries NIWA and MfE research and

temporary closures to see if there is an increase in recruitment for the Kokota

(pipi) that have experienced a massive decline in adult populations.

(d) Joint biomass surveys with NIWA were carried out in 2010 and 2012 due to

our concern over depletion of pipi stocks at these banks. This led led us to

petition the Minister of Fisheries for a rahui (s186A closure) under the Fisheries

Act 1996 in February 2011 to allow stocks to recover14. Our 2012 survey

signalled that stocks had not increased and required further investigation and

management.

(e) Our active responsibilities are driven by providing taonga kai moana at our

marae and in our homes for manuhiri or visitors.

13 Fisheries (Kaimoana Customary Fishing) Regulations 1998 14 He Porohuri Whangarei Terenga Paraoa – Juliane Chetham 10 Sept 2017


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(f) These activities demonstrate the capability of Patuharakeke to engage in

the environment and carry out our kaitiakitanga as mana whenua mana

moana.

4 Mataitai

(a) The PTB Mana Moana committee sees one of the main tools to utilise out

of the K-Regs, is the Mataitai Reserves. Mataitai Reserves recognise the

customary The Mana Moana committee has been developing an application

with MPI for a few years. We see this as a great tool for managing our

customary Kai-moana resources sustainably.

(b) This application has the potential to impact on the future intention to carry

out our Tino Rangatiratanga rights as a key part of the K-Regs, te Tiriti o

Waitangi, as mana whenua mana moana.

5 Disposal Sites

(a) There is great concern with the proposal of the two disposal sites

recommended (sites 1.2 & 3.2). Discussions with other key submitters highlight

the potential risks of the impacts fine sediment will have on the habitat and

therefore the recruitment of certain kai moana species.

(b) The scallop fishery in Bream Bay is a very significant commercial fishery.

This fishery at it’s northern most section acts as the recruitment production

area that is transported into the harbour entrance and beyond, customary and

recreational fisheries.

(c) This will have a lag effect impact on these fisheries. Scallops have an

approximate 5-year life cycle, and this would create a collapse in these areas.

(d) 3 Mile Reef is also an area of concern if fine sediment enters this reef fishery

system. Therefore, it emphasises the need to investigate on-land disposal

options.

(e) There is mention of on-land disposal with the potential of re-use or sale of

the resource. There is not enough information on this option to make a sound

decision to support this option or not.


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(f) We highly recommend that a land-based option is investigated further

therefore, we believe the application requires this information to help with the

feasibility of the proposal.

(g) Calliope Bank will also be impacted on with the proposed dredging of the

inner harbour15.

(h) The scallop beds will be impacted on in this customary and recreational

fishery.

(i) We are also unclear if the sediment plume will carry around through the

blind channel into Urquhart’s Bay impacting on the greater customary and

recreational scallop bed there.

Figure 3 – Distribution of dredge survey tows (top) and resulting scallop catch densities (bottom) at Bream Bay, 2011–17 (NIWA).

15 NRC S42A Staff Report Section 291


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6 Summary

1 Understanding the cultural view

(a) There are many areas of cultural health that can be measured. These are

generally captured in western science techniques and methods. However,

there are intangible areas of cultural value that only mana whenua mana

moana can measure such as; “the voice of the awa”, “the mauri”. That is why

it is critical for whānau, hapu, iwi to be involved in every level of engagement.

(b) As mana whenua mana moana are engaged with, and they share what

these special places mean, and what our responsibility for these special places

are; such as our Wahi Tupuna & Wahi Tapu (cultural sites of significance), the

understanding deepens, and relationships start to form.

(c) This legislative statutory process doesn’t allow for relationship building and

getting a better understanding of each other’s values. This application should

be put on hold. More time should be taken to allow for this kind of approach

to take place.

7 Final Position & Recommendations

1 Responsibilities

(a) The Henare & Tuihau Pirihi whānau spans across four living generations. It

is the responsibility of the younger two generations that this submission

speaks for as they are the generations that will be responsible for what we

leave behind.

(b) This is a burden under the state of the environment. It is this burden that

highlights the importance of the urgency and importance of our ability to carry

out our roles and responsibilities as mana whenua mana moana kaitiaki. We

can not restore our environment on our own. It requires a total community

approach including the commercial and industrial neighbours.

2 Position Statements

(a) Our Position statements cannot change. The uncertainty is too much of a

risk under the current crisis of our taonga kaimoana mahinga mataitai.

Position Statement One:


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“The Henare and Tuihau Pirihi whānau, cannot support the degredation of the Mauri of Te Rērenga Paraoa through the activities of the Proposed Deepening and Realigning of the Whangarei Harbour Entrance and Approaches”.

Position Statement - Part Two

(a) We understand that RNZ will continue to be a key Industrial member of our community. We also see they continue to update and upgrade to future proof their facilities to remain competitively active for the petroleum industry in New Zealand.

(b) We see the need for more robust and comprehensive research and monitoring initiatives should be put in place prior to any consent given, to eliminate the doubt and uncertainty that is apparent in this application.

3 Recommendations

(a) The first recommendation is to place this application on hold. Until further

discussions are had with Patuharakeke and other interested whanau, hapu,

iwi; to discuss options for identifying the Cultural State of the Environment.

This is to help inform the modelling and predictions of the impacts of this

application.

(b) The second recommendation is to include the development of a suite of

Cultural Health Measuring tools and methodologies to assist in the complete

assessment of this proposal. This will be the first of it’s kind in the world to

have a 100% holistic assessment of a proposal of this magnitude and type.

(c) This will then provide the pathway for the next two generations to realign

the pathway towards restoring health and mauri of Whangarei Te Rerenga

Paraoa.


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Feb 2018 Northland Regional Council The New Zealand ... · Management (NOF-FM). (c) “The National...

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