report to the iwi advisory group from the freshwater iwi...

Report to the Iwi Advisory Group from the

Freshwater Iwi Leadership

Regional Hui

Ko te wai, he tino taonga

(Te Hana Hui)

Whiringa a Rangi 2014

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This report is for the benefit of iwi and hapū. No part of this report may be reprinted or reproduced or utilised for any purpose, in any form, or by any means without the prior written approval of the Freshwater ILG.

‘As with Mauao, this is about the restoration of mana.

The Crown sought to confiscate our Maunga despite the protests of our

tūpuna. DoC, on behalf of the Crown, became the owner and the

Tauranga District Council the Manager. Tauranga Iwi fought hard for the

return of Mauao over many decades. This was eventually achieved in

2008, outside of the Treaty settlement process. Tauranga Iwi are now

the title holders and sole governors of Mauao. They set the vision for the

future management and use of Mauao and co-manage with the

Tauranga District Council. The public interest is protected under this

arrangement. All costs are met by the TDC. A similar arrangement could

work with Waimāori. Restore the mana and the rest will fall into

place. As with the return of Mauao, the public need not feel threatened’.

(Hon. Mita Ririnui, Tauranga Moana Hui)

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Protection of Information in this Report

This report is produced for the benefit of the Freshwater Iwi Advisory Group, the Freshwater Iwi Leadership Group (ILG), and hui participants. No part of this report may be reprinted or reproduced or utilised for any purpose, in any form, or by any means without the prior written approval of the Freshwater ILG.

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Summary ‘The Government needs to know that we are deadly serious about this kaupapa’ (Maniapoto Hui) The Iwi Advisors Group (IAG) facilitated over 20 regional hui across the country during October and November 2014. As part of that process, the Horouta Iwi Collective facilitated 18 additional hui in Te Tairāwhiti. The objectives of the regional hui were to provide information about the Iwi Leaders Group (ILG) framework for engagement with the Crown on freshwater; to provide an update on the outcomes from engagement to date, and to signal the direction in relation to upcoming engagement with the Crown on the issue of rights and interests. The hui also provided an opportunity for the IAG to get a sense of the aspirations of iwi and hapū in relation to rights and interests. Feedback from the hui will inform future discussions with the Crown. The hui confirmed general support for a strong unified voice when dealing with the might of the Crown on these critical issues. On this basis iwi and hapū participants supported the ILG framework for engagement with the Crown. Some iwi and hapū reserve the right to speak directly with the Crown in their own right as and when determined by them. There was overwhelming support for the assertion of rights and interests that are in the nature of ownership. Strong statements were made in some hui that rights and interests in water are seen as whānau and hapū rights. Whilst the focus of the regional hui was upon rights and interests, it was clear that water quality continues to be a matter of deep concern. Stories of the special relationships that whānau and hapū have enjoyed with their waterways were shared, as were numerous examples of the need for restoration and rehabilitation of those waterways and life within. The ILG was urged to be bold in advocating for the highest possible standards for water quality – that water be drinkable and swimmable. Other key points to emerge included: access to water and allocation are cultural issues and economic issues for Māori; a strong call for collaboration and information sharing between iwi and hapū; the need for resourcing over and above Treaty settlements to build capability and capacity to be involved in decision-making and management; the importance of puna; the security of access to water for marae; the inequity of freshwater Treaty settlements, and frustrations in dealing with Councils at local government level.

Appendices to this report:

1. Schedule of Regional Hui

2. Summaries of notes taken at each hui (including iwi and hapū presentations made to

the IAG at hui)

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Background - Regional Hui

The objectives of the regional hui were to provide information about the Iwi Leaders Group (ILG) framework for engagement with the Crown on freshwater; to provide an update on the outcomes from engagement to date, and to signal the direction in relation to upcoming engagement with the Crown on the issue of rights and interests. The hui also provided an opportunity for the IAG to get a sense of the aspirations of iwi and hapū in relation to rights and interests and what may be required to address issues in each rohe. At each hui members of the IAG delivered a standard powerpoint presentation. The presentation outlined the role of the ILG, the background to ILG involvement in discussions with the Crown about freshwater issues, and the five key principles that the ILG has adopted for engaging with the Crown referred to as ‘Ngā Mātāpono’: Te Tiriti o Waitangi; Te Mana o te Wai; Te Mana Motuhake o ia iwi, o ia iwi, ki te wai; Te Kaitiakitanga o ngā hapū me ngā iwi i te wai; and te Mana Whakahaere o ngā iwi me ngā hapū ki te wai.

The presentation then stepped through the four key focal points for ILG engagement with the Crown to date: freshwater management decision-making processes, the national policy framework, proposals to reform the Resource Management Act 1991, and ‘rights and interests’. The presentation set out the background to the phrase ‘rights and interests’ as penned by the Waitangi Tribunal in its interim report on the National Freshwater and Geothermal Resources Claim (Wai 2358) 2012. There the Tribunal addressed the question of what rights and interests (if any) in water and geothermal resources were guaranteed and protected by the Treaty of Waitangi. The Tribunal found that:

Māori had rights and interests in their water bodies for which the closest English equivalent in 1840 was ownership. Those rights were then confirmed, guaranteed, and protected by the Treaty of Waitangi, save to the extent that the Treaty bargain provided for some sharing of the waters with incoming settlers... The nature and extent of the proprietary right was the exclusive right of hapū and iwi to control access to and use of the water while it was in their rohe.

In a Supreme Court decision that followed soon after, the Court noted the Crown’s acceptance that ‘some hapū will have interests in particular waters and their interests are protected by Article 2 of the Treaty’.

The IAG presentation went on to outline the Government’s stated position that ‘no one owns water’, that on ‘a case by case basis certain Māori may have rights and interests…but [the Government] does not believe water is a nationalised issue’.

Against this background, the IAG sought specific feedback from participants on two questions:

1. Do you support iwi having a ‘use right’ (allocation) as part of iwi rights and interests in

freshwater?

2. What should this look like? Should any such rights be perpetual, inalienable, and/or

tradeable? What percentage of all water should be allocated? Should use rights include take

and discharge rights?

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The discussion that followed the IAG presentation centred mostly around the IAG presentation and responses to the consultation questions. Notes were taken at each hui by IAG members and they are recorded in the form of bullet point summaries. The summaries are attached as Appendix 2. Ngāti Koroki Kahukura, Ngāti Hauā, Ngāti Maniapoto and the Horouta Iwi Collective gave their own presentations at hui and the presentations are attached as part of the relevant hui notes.

The Mataatua Declaration on Freshwater that was tabled at the Whakatāne hui is available from the IAG.1 Parts of the executive summary of this report will form part of the IAG’s report to the Iwi Chairs’ Forum (ICF) that will take place in Tauranga in November 2014. It is intended that a copy of this report be posted on the ICF website.

Purpose and Format of Report The regional hui provided an opportunity for the IAG to get a sense of the aspirations of iwi and hapū in relation to rights and interests. This report is intended to provide an ‘arm’s length’ summary of the key themes that emerged from the hui,2 and a collation of participants’ responses to the consultation questions posed by the IAG. The report will help the IAG to identify a suite of rights and interests that addresses issues in each rohe, and to shape its future discussions with the Crown. In addition, there was a strong and consistent call across the hui for more information sharing about what is happening in other rohe and the importance of sharing local successes. The distribution of this report (with hui notes attached) to Iwi Chairs and to hui participants will go some way towards that. The report uses the IAG’s key engagement principles and the focal points of engagement as headings, with an extra section added on collaboration and information sharing.

1. Ko Te Tiriti o Waitangi te tāhuhu o te kaupapa o te wai

2. Te Mana o te Wai

3. Te Mana Motuhake o ia iwi, o ia iwi, ki te wai

4. Te Kaitiakitanga o ngā hapū me ngā iwi i te wai

5. Te mana whakahaere o ngā iwi me ngā hapū ki te wai

a. Freshwater management decision-making processes

b. The National Policy Framework

c. The proposals to reform the Resource Management Act

d. ‘Rights and Interests’.

6. Collaboration and information sharing

1 Contact Details given at hui are as follows: Roku Mihinui – IAG Chair [email protected]; and Donna

Flavell – Rights and Interests Lead [email protected]. 2 The report was written by Linda Te Aho who is on the distribution list to receive information as part of the IAG.

Linda is Associate Dean Māori at Te Piringa Faculty of Law, University of Waikato.

mailto:[email protected]

mailto:[email protected]

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Discussion and Feedback from the Engagement Hui

1. Ko Te Tiriti o Waitangi te tāhuhu o te kaupapa o te wai

‘Te Tiriti o Waitangi is the cornerstone for engagement with the Crown on water rights’ (Wairoa Hui) For many iwi and hapū, regardless of whether discussions with the Crown about freshwater are seen as arising from historical issues or contemporary issues, Te Tiriti o Waitangi remains the starting point for those discussions. Iwi and hapū did not cede rights to freshwater. The Government cannot abdicate its responsibilities under Te Tiriti o Waitangi. A number of principles underpin the promise of rangatiratanga in Te Tiriti. They include full participation by Māori in decision-making; mutual respect, and an equitable share in the country’s wealth. Treaty Settlements, Equity, and Resourcing

A number of hui participants referred to the inequity of the Treaty Settlement regime. Freshwater settlements to date have focused upon restoration and protection of degraded waterways and enhancing Māori participation in decision-making. Key redress elements of settlements include ownership of river and lakebeds and surrounding lands (e.g. Rotorua Lakes); and co-management models which are intended to provide for more meaningful inclusion in decision-making, relationship agreements and accords with local and central government, resourcing for claimant groups to participate in co-management, and contestable funding regimes for restoration projects. A growing number of these models include those in relation to the Waikato and Kaituna Rivers. The Whanganui River settlement includes all of these elements, as well as a more recent innovation - the recognition of Whanganui River as a distinct legal entity. Issues of allocation and ownership of water have been explicitly left in abeyance. At the regional hui groups who have yet to settle with the Crown expressed their desire to achieve what was achieved by Waikato and Whanganui. Whilst there have been some positive outcomes from the settlements, many claimants who have settled are disapppointed with the redress offered. Some expressed frustration at being denied the option of co-management. Others who did sign up for co-management have not received the same levels of resourcing as Waikato and Whanganui. Many iwi and hapū reported that they continue to struggle when dealing with councils responsible for implementing key aspects of the settlements. There are growing concerns that the effect of the collaborative processes now being adopted by councils is to water down the voice of Māori who have fought for special status as Treaty partners.

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2. Te Mana o te Wai

‘Te Mana o te Wai is paramount. Look after the water first’

(Waikato-Tainui Hui)

There was clear support for the concept of Te Mana o Te Wai. There is a need for more education and explanation about the meaning of Te Mana o Te Wai, especially for councils. Te Mana o te Wai encapsulates a Māori world view that is holistic and focuses primarily upon the water itself and life within, rather than on human needs and wants. Discussions about freshwater must include groundwater and surface water. Management of water, and therefore any freshwater management units (FMUs) must also be holistic. They must be either catchment based, or ‘horizontal’: from mountains to rivers, or from mountains to the sea. In Murihiku it was proposed that collaborative processes encapsulate land and sea, and that Te Mana o te Wai become a management tool across all regimes, including coastal policy.

3. Te Mana Motuhake o ia Iwi, o ia Iwi, ki te wai

Evidence of rangatiratanga and the special relationship of each iwi and hapū with wai is kept alive in kōrero tawhito, pepeha, waiata, and ingoa tūturu. It was widely agreed that there must be respect for individual whānau, hapū, and iwi uniqueness. At each of the hui, participants expressed their own values and unique kōrero in relation to waimāori. The hui confirmed general support for a strong unified voice when dealing with the might of the Crown on these critical issues. On this basis iwi and hapū participants supported the ILG framework for engagement with the Crown. In one hui Taitokerau sought better representation on the IAG. Hui participants in Te Waipounamu supported a ‘pan-tribal’ approach to engagement with the Crown. Mandated representatives from some iwi and hapū explicitly reserved the right to speak directly with the Crown in their own right as and when determined by them (e.g Ngāti Maniapoto, Ngāti Koroki Kahukura, Ngāti Hauā). The Horouta Iwi Collective has its own engagement framework and seeks direct engagement with the Crown and local government on their rights and interests in freshwater within their rohe.

4. Te Kaitiakitanga o ngā hapū me ngā iwi i te wai

‘Water reflects the health of our people’ (Heretaunga Hui) The Horouta Iwi Collective urged Māori to follow their own ture and tikanga as a starting point when discussing issues pertaining to waimāori and not to get caught up in the Crown’s language and laws. This point was echoed in a number of other hui, such as Kaikohe. Participants reiterated the importance of kaitiakitanga and concepts such as mauri and mana being integral to any new model for freshwater management. Kaitiaki responsibilities are intergenerational. Although the hui were largely focused upon issues around allocation, rights and interests in freshwater, it was clear that water quality remains a key concern. Stories of degradation and the need for restoration and rehabilitation of water were common. Issues

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such as the impacts of farming, forestry, dams, erosion and gravel extraction were raised at a number of hui. In Te Waipounamu, Te Waihora (Lake Ellesmere) was cited as an example where there is threat to mahinga kai. The water is so badly polluted that they are unable to gather kai. This affects their ability to manaaki manuwhiri with Te Matatini on the horizon. Concerns were raised in Taranaki about the health of the Patea River. In Kahungunu the intrusion on the mana of their waterways is evident at Tangoio, Bridge Pā, the Porangahau Stream and the Tukituki River due to the effects of oxidation ponds, leakage from refuse tips, discharges from freezing works and stock run-offs. There were numerous other examples. When discussing the NPS there were strong calls for water to be drinkable and swimmable. It was often noted that Mātauranga Māori indicators ought to be used to monitor and assess the health and wellbeing of waterways, such as the presence of important kai species like tuna and watercress. In Tūranganui a Kiwa, a Mauri Compass has been developed. There was a call for Māori to act sustainably ourselves, including our own dairy farming operations. In Nelson it was said that technology will play a key role moving forward. There needs to be greater talk about the role and value of different forms of technology such as roof catchments, and the importance and need for greater efficiency in infrastructure. The importance of puna was emphasised at many hui, as was the security of access to water for marae. There was a call for better information about our water sources – what is taken out and what is left, there is a need to do a ‘stock-take’.

5. Te Mana Whakahaere o Ngā Iwi me ngā Hapū ki te Wai

a. Freshwater management decision-making processes

Māori want to be part of the solutions in restoring and replenishing mauri in waterways. Given that most resource management is undertaken at local government level, there was much discussion about the performance of councils in freshwater management. Many hui participants spoke of their lack of trust in councils and the Crown who they say have mismanaged freshwater. This is evidenced by the stories of degradation noted above, the failures of the first-in-first-served allocation model (water is not allocated to its highest use value and can be wasted), the over-allocation of waterways and low flows. The Tukituki catchment was cited as an example of process that did not follow ‘best practice’ and therefore may not go ahead. It was said that the economy has been elevated over the environment. At one hui it was asked how the ILG engagement process can assist iwi and hapū at ground level to address these issues with councils? The position of the Crown that ‘no-one owns the water’ was criticized on the basis that there are some groups who are endowed with exclusive rights.

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Māori continue to seek meaningful input into decision-making about freshwater at all levels. There was a clear call for seats on decision-making boards and guaranteed seats on councils. The importance of building capability and capacity to be involved in decision-making and freshwater management was emphasized at many hui, as was the need for resourcing to build this capacity. There was a special mention in some hui for the need to build the capacity of our rangatahi to be more involved in freshwater governance and management in the future. The Horouta Iwi Collective involved a number of rangatahi groups and schools in their engagement hui. The Waihīrere Eco-Warriors programme is a positive case study in Tūranganui a Kiwa – a rangatahi group resourced to develop a strategic plan for their local domain which includes streams and native flora and fauna. It was suggested at one hui that Māori Ministers of the Crown be invited to relevant hui. b. The National Policy Framework

‘It is important to be bold about our aspirations’ (Blenheim/Wairau Hui)

i. Water quality and drinkability

There was clear support for the concept of Te Mana o Te Wai as an overarching national objective within the Freshwater NPS. As noted above, although the hui were largely focused upon issues around allocation, rights and interests in freshwater it was clear that water quality remains a key concern. In response to the discussion about the NPS there were strong calls for water to be drinkable and swimmable, and for water quality to be maintained and improved. Issues of water quality and quantity need to be linked. There was support for greater national direction for councils on how to engage with iwi. The Waitangi Tribunal has recommended an NPS on Māori participation (Wai 262).

ii. Exemptions and Inequity

The idea of exemptions for power generation companies and dairy companies was strongly criticized. There was a considerable amount of discussion about dairy farming and the need for initiatives to address the impacts on waterways. It was recommended a number of times in various hui that polluters of freshwater ought to pay, and that those utilising water for commercial purposes (including farmers) be charged.

c. The Proposed Resource Management Act Reforms

‘Although the RMA represented a significant step forward ...in making room for the Māori voice in environmental management, much of its potential remains disappointingly unrealised’

(Waitangi Tribunal, Wai 262)

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These sentiments were echoed by hui participants. Concerns were raised about the RMA reforms and what was seen as the ‘watering down’ of Māori interests. Recommendations to achieve some of the potential envisaged in the RMA included enhanced iwi management plans – particularly in relation to water; and resourcing for building capacity and capability.

d. ‘Rights and interests’

I. Do you support iwi having a ‘use right’ (allocation) as part of iwi rights and interests in

freshwater?

II. What should this look like? Should any such rights be perpetual, inalienable, and/or

tradeable? What percentage of all water should be allocated? Should use rights

include take and discharge rights?

As the number of fully allocated catchments appears set to rise in a first-in-first-served freshwater management regime, the ideas of water trading, pricing and providing for new industries for diversification are emerging as issues for serious discussion. Existing consents are coming up for renewal. Existing users seek certainty, and iwi and hapū seek access to water.

‘Water has a mana and mauri of its own and a right to be; therefore we do not own the water’

(Tokoroa Hui)

‘We support King Tuheitia’s perspective: We own the water in our rohe’

(Taranaki ki te Tonga Hui )

There is a diverse range of views as to the nature and source of rights and interests. These two statements demonstrate that there is still some debate around the word ‘ownership’. Some do not support the language of ownership, as this will place obligations and responsibilities on iwi. That said, there is strong and widespread support for the assertion that Māori have rights in the nature of ownership in water and for the language of proprietary rights. Many iwi and hapū said that there is a link between land ownership and ownership of water. If you own the land, you own the water that flows on and under it. Others said that water ownership is separate from land ownership. Some see the issues as historical and linked to past, present and future generations. Others see these issues as contemporary. Whānau, hapū, and iwi support the ILG to progress an outcome that enables whānau, hapū, iwi or even Māori land owners a ‘use right’ (allocation) in freshwater. A strong proviso was made in Taitokerau, Tāmaki and Te Tairāwhiti (particularly by Te Whānau a Apanui), that rights and interests in water are seen as whānau and hapū rights. In Waikato, and again in Maniapoto, it was recorded that an allocation of water for iwi was supported subject to use, management and control of waters being determined by iwi, hapū and marae.

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Responses to IAG consultation questions about what use rights should look like

There were strong calls for any rights allocated to Māori to be inalienable and to be perpetual - but able to be leased out. For others rangatiratanga means that any rights acquired should be tradeable.

Some of the specific responses taken from the hui summaries on the issues of use rights and

percentages are listed below:

Use rights must include discharge as well as use

Rights should include: o a right to veto o a right to develop o rights to protect, nurture and care for Te Wai o Rights and access and use for all purposes that contribute to our wellbeing

Rights to access are cultural and economic

There is strong opposition to foreign ownership of water

Māori understand that a new regime more beneficial to Māori may be achieved by providing certainty for existing users, but there is a concern about existing use rights and a reluctance for anyone other than Māori to have perpetual rights under any new regime

Transition into a new regime could include rates rebates

Metering will play an important role and should be used to support iwi allocation

In response to the specific IAG consultation question about percentages, a 10% iwi allocation was suggested in Tāmaki. In Nelson 30% was suggested. In Taranaki and Mataatua it was suggested that the starting point be 100% and work out what we are prepared to give others. In Otākou, there was support for 20% of allocable water going back into rivers

Climate change will have an impact on allocation

Water is already being traded, this must be taken into account when discussing an allocation for iwi

There is a need for better measurement and control of what is taken out of rivers and streams

There were deep and widespread concerns about security of access to water for

Marae.

The question was asked as to whether asserting title to rivers can assist in the process of asserting rights and interest in water

Waters taken under the Public Works Act for water facilities but not being used in a catchment must be returned by councils

There needs to be a separate consenting authority or an independent water allocation board (rather than Councils) and iwi must play a major role on this

Analyse other models for lessons on what to do and what not to do:

o Broadcasting spectrum, fisheries QMS model, a specific allocation to marae, foreshore and seabed model

Advocate for an ‘environmental flow’.

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Collaboration and information sharing There was overwhelming support for iwi and hapū to work together in order to have a strong and united voice in this conversation with the Crown. Iwi and hapū in Te Tairāwhiti have formed the Horouta Iwi Collective specifically for the purpose of engaging on freshwater issues. There were strong calls in Te Waipounamu for their various takiwā to work together, and similarly in Te Arawa in respect of their iwi and hapū. It was said that Māori can draw support and strength from other members of our communities who have similar aspirations. There was also support for the collaborative approach of the Land and Water Forum and the work it has done. There is value in getting the media on side to take the public with us and avoid the backlash experienced during the foreshore and seabed debacle. There was a strong and consistent call for more information sharing about what is happening in other rohe and the importance of sharing local successes. The distribution of this report (with hui notes attached) to Iwi Chairs and hui participants will go some way towards that. Some local stories remind us to proceed with caution: there was a report from the Ngāti Hauā rohe of growing conflict between Māori wishing to access traditional gathering sites and new landowners and leaseholders. In Te Hana, the story of Porotī Springs illustrates the commercial benefits that can be derived from freshwater springs, but they are not enjoyed by the traditional owners. 21,000m2 is allocated per day - 14,000 to the council, 4,000 to Mangatāpere irrigation, and 2,000 to Zodiac for 35 years. It is said that the value of daily production from the springs is $80,000. To end on a positive note, set out below is a selection of case studies worthy of sharing:

Mataatua have developed the Mataatua Declaration on freshwater. An extract

appears in the Whakatāne hui notes: “E whakapono ana mātou ngā iwi taketake o

Mataatua he taonga tuku iho ngā waimāori o tēnei whenua, mai i ō mātou tīpuna, heke

iho ki ngā whakatipuranga e noho nei i tēnei ao hurihuri, tae atu ki ngā whakatipuranga

e piki ake ana.”

Waikato River Settlement – a collaborative approach between iwi, stakeholders and

the Regional Council (Healthy Rivers Plan Change) has been taken in preparing the

necessary plan change to give effect to the vision and strategy for the River, the

primary direction setting document established under the settlement.

Whanganui River Settlement – In addition to the return of parts of the riverbed, co-

management and a restoration fund, the River is recognised as a legal entity.

Tutaepatu (Otautahi) – is a good study for restoration. As a result of a Management

Plan they have been able to revive the water source.

Ngāti Rangiwewehi – the Environment Court has reduced the term of a resource

consent to take waters from culturally significant springs and directed the local council

to explore the use of viable alternatives.

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Tūranganui a Kiwa – Waihīrere Eco Warriors is a group of rangatahi is resourced to

work on a strategic plan for the streams, flora and fauna in the Waihīrere Domain.

Wī Pere Trust is taking active steps in Tūranganui a Kiwa to install water tanks to

provide water in the heat of the summer and take pressure of the rivers.

The Horouta Iwi Collective is a collective made up of iwi and hapū from Te Whānau a

Apanui through to Tūranganui a Kiwa in Te Tairāwhiti. They have created their own

framework for engaging with the Crown directly on freshwater issues. They are

building future capacity and capability by including schools and rangatahi groups in

their internal engagement processes.

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Appendix 1 – Schedule of Regional Hui

Location Date Venue 1. Te Arawa 17 September 2014 Nukuteapiapi Whare Tupuna 2. Kāhui Kaumātua (Tainui) 2 October 2014 Hopuhopu 3. Tāmaki Makaurau 9 October Māngere 4. Nelson 9 October 2014 Whakatū 5. Taranaki ki te Tonga 15 October Taranaki 6. Te Hana 20 October Te Hana Marae 7. Kaikohe 20 October Te Kotahitanga Marae, Kaikohe 8. Murihiku/Waihōpai 21 October 2014 Invercargill 9. Heretaunga 22 October 2014 Heretaunga 10. Otākou 22 October 2014 Dunedin 11. Waikato-Tainui 23 October 2014 Hopuhopu 12. Ōtautahi/Waitaha 24 October 2014 Ōtautahi 13. Wairoa 29 October 2014 Wairoa 14. Blenheim/Wairau 29 October 2014 Chateau Marlborough 15. Te Tai Poutini 31 October 2014 Hokitika

16. Masterton 6 November Te Rangimārie Marae 17. Tokoroa 10 November Sports and Events Centre

18. Whakatāne 11 November Mataatua Whare 19. Tauranga 12 November Classic Flyers 20. Te Kuiti 12 November Tokanganui ā Noho Marae 21. Tairāwhiti 10 November Te Poho o Rāwiri Marae

Horouta Iwi Collective 18 hui held 7, 21-28 October

Tairāwhiti

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Appendix 2 – Notes from Regional Hui

REGIONAL FRESHWATER HUI – NUKUTEAPIAPI WHARE TUPUNA

Rotorua

17 September 2014

BACKGROUND The Te Arawa Freshwater Fisheries Forum (TAFFF) is made up of 8 Te Arawa entities that have responsibilities over their freshwater fisheries and their freshwater. They held their bi-monthly hui at Nukuteapiapi Whare Tupuna at the Te Arawa Lakes Trust offices (attendance register attached) and the Iwi Advisor to the Iwi Leaders for Freshwater took the opportunity to update them on the freshwater engagement:

An update on the outcomes from the current engagement with the Crown;

An overview of the next phase of the engagement in addressing an allocation to iwi for

economic development; and

Direction in relation to freshwater rights and interests, through key messages, to be

relayed to Government, by the Iwi Leaders Group for Freshwater.

KEY MESSAGES

1. Te Arawa own/have rangatiratanga over the waters in their lakes streams puna

including the aquifers

2. The various settlement arrangements acknowledge Te Arawa’s special relationship

with their wai

3. The environment court decision in favour of Ngati Rangiwewehi provides a legal

precedence

4. The Te Arawa Lakes Trust has lodged a treaty claim over the waters in the Waiariki

region for and on behalf of Te Arawa but recognises and supports the right of any Te

Arawa Iwi Hapu Whanau group to pursue their own action

5. Te Arawa has korero tawhito; ingoa tuturu; pepeha; waiata etc that proves their

rangatiratanaga over their wai

6. Te Arawa have pre-Treaty maps identifying their fishing grounds in the lakes

7. Te Arawa need to be united in their quest to have their Rangatiratanga acknowledged

and given effect

8. But the challenge is giving effect to our Rangatiratanga especially when we lack

capacity and capability

9. Te Arawa can’t afford to miss any hui/engagement relating to their taiao/wai as

decisions will be made for us and/or against us

10. Te Arawa has to be at the decision making table when there is water allocation/use

rights being considered to ensure we don’t miss out

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ACTIONS:

1. TAFFF members to go back to their organisations/people and have this korero and

report back to the next Hui in November.

ATTENDEES IWI / ORGANISATION Rikihana Hancock Kahuariki Hancock

Ngāti Rangiwewehi Charitable Trust (arrived at 1.30pm) Ngāti Rangiwewehi Charitable Trust (arrived at 1.30pm)

Hare Wiremu Dean Flavell

Ngāti Makino Iwi Authority Tapuika Iwi Authority (arrived at 12.45pm)

Merehira Savage John Waaka Chris Clarke Kris Taipeti Itania Nikolao

Te Komiti Whakahaere Te Komiti Whakahaere Te Mana o Ngāti Rangitihi Te Arawa River Iwi Trust Te Arawa River Iwi Trust

Roku Mihinui Te Arawa Lakes Trust Tamara Mutu Fisheries Implementation Manager Tania Kiel Te Arawa Lakes Trust APOLOGIES Kiri Potaka Dewes Ngati Rangiteaorere Settlement Trust

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REGIONAL FRESHWATER HUI – Tainui Kahui Kaumatua Hui

Hopuhopu

2 October 2014

BACKGROUND

A regional freshwater hui was held with Tainui Kahui Kaumatua at Hopuhopu. An attendance

register will be provided prior to the Iwi Chairs Forum in Tauranga.

The Iwi Advisors to the Iwi Leaders for Freshwater requested attendance to the hui, to present

and seek the following:






The Kahui Kaumatua is open to any member of Tainui Waka Marae.

KEY MESSAGES

Key messages from the Kahui Kaumatua Hui included:

We must focus on the catchment, everything in its entirety.

We pay for our water, but we get nothing in return for our Marae.

We will not support water being sold, or used to go overseas because it is ours, for our

people and our land.

Māori need to be on the frontline for water.

Iwi should be telling them how to use water, not the council.

We should look at title if it will help us look after our tupuna.

There is more housing, because there are more people. They should have water tanks.

We relied on God to give us water, now we rely on tauiwi. That’s not right.

We need our people on Boards, like Watercare.

We can smell the water now. It never used to be that bad. Need to make it better.

We support the King when he said that we own water. He is right.

The people in Auckland are charged for water, but where is the return to the water?

Nothing.

The kahui Kaumatua would like a presentation to be provided to Ngaa Marae Toopu for

endorsement.

Support was offered to the Iwi Leaders Group.

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MANA WHENUA KAITIAKI FORUM FRESHWATER HUI

Taamaki Makaurau

October 2014

BACKGROUND

A regional freshwater hui was held at the Watercare Wastewater Treatment Plant, Mangere

on 9th October 2014. The meeting was attended by appointed representatives of Iwi

appointed to Mana Whenua Kaitiaki Forum. The attendance register is attached.

The Iwi Advisors to the Iwi Leaders for Freshwater requested attendance to the hui, to present

and seek the following:






KEY MATTERS ARISING

Funding is critical to ensure that whānau are supported effectively (capacity and

capability) to participate in the collaborative processes and to engage proactively in

the management of water

We could use spectrum allocation as a model, as there are a lot of parallels with radio

frequency space for Iwi.

Most of our waters are over allocated. So we need to consider how Iwi could get water

back.

When we do get water for us, we must make sure that Kaitiakitanga is first and

foremost.

There is mismanagement of water. There is water collection, water conservation and

water efficiency. But all of these people are not talking to eachother.

We need to make this happen now, because there is commercial benefit to Iwi, make it

happen now. A 10% allocation could occur now.

This is not just a conversation for the Government. The local agencies and councils

should be looking at ways to give Māori an allocation too. Watercare could engage

with Iwi right now.

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At the Hunua ranges, the marae don't have access to Water from it. It is our water, yet

we have to see the marae pay for it. That’s wrong.

There is definitely a lack of integration in regards to water take, stormwater, waste

water. Bureaucracy out there is causing it, everyone needs to work together.

We support the work of the ILG and the presentation.

I’m not too sure about the catchment approach. This may cause fragmentation

because I bet we won’t be the ones to determine these catchments. Who prioritises

catchments? We need to have a greater say in our waters.

Hapu, Iwi debate Manawhenua.

The tributaries have been covered over in Auckland. Can you seek an opportunity for

iwi and Hapu to take these back? A lot of past and historic springs in Auckland. These

natural springs have been lost. Can we see something to restore those streams that

feed into our waterways that feed into the Manukau harbour. We want a clean

harbour.

Clarification. Allocation vs ownership. Some Iwi want ownership before allocation. Are

we looking to write new policy or rework current policy?

The opportunity and work of the ILG is positive. We can set our own healthy indicators

for the environment as they are connected to the people and vice versa. If growth and

development occurs we should set what specifics are required.

Ngaa Matapono o Te Wai. At some point we need to prescribe standards and forecast

what we require. Important to put specifics to the principals. Value indicators are

important, such as eels, watercress and drinking water.

It's about a different look at the economics of our waterways.

The ILG should invite our Māori ministers along to future hui. They should be

supporting us.

Julian Williams summed up the key points on behalf of the attendees.

Rahui Papa concluded the discussion by offering further presentations if required. The

attendees would like to be updated regularly so they can take the information back to their

respective Iwi.

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ATTENDANCE REGISTER

Name Representation

Tame Te Rangi Ngati Whatua

Waata Richards Ngati Maunga Whakahii/Kaipara

Michael Baker Ngati Whanaunga

Maryanne Rapata Makaurau Te Ahiwaru

Hemi Rau Waikato-Tainui

Deborah Harding Te Uri o Hau

Anthony Royal Ngati Tamatera

Timothy Manukau Waikato-Tainui

Miria Andrews Ngati Paoa

Riki Minhinick Ngati Te Ata

Wati Ngamane Ngati Maru

David Williams Te Patukirikiri

Pokaia Nepia Waikato-Tainui

Huriwai Paki Waikato-Tainui

ILG/Advisors

Rahui Papa Waikato-Tainui

Roku Mihinui Te Arawa

Julian Williams Waikato-Tainui

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NELSON/WHAKATŪ FRESHWATER HUI

9 October 2014

KEY MATTERS ARISING Approach

General support for the Iwi Leaders Group and recognition of progress made to date

Support for a Te Waipounamu wide position on matters of agreement

The strength of a united Te Waipounamu position was noted by all National Policy Statement

Support for Ngā Mātāpono ki te Wai as the framework for discussion

Water quality remains of paramount importance – the health and wellbeing of waterways must be address before water can be allocated

Technology will play a key role moving forward. There needs to be greater talk about the role and value of different forms of technology such as roof catchments

The importance and need for greater efficiency in infrastructure was noted Allocation

In principle, do not support tradability however recognition that in some instances tradability can be an advantageous

Widespread support for rights to be inalienable – support for the notion of leasing on a short term basis

The word lease is preferable to ownership by some

Metering will play an important role – should be used to support the conversation on an iwi allocation

Use rights should be tied to land ownership

General discussion about the importance of transition phase and the role that various tools could play in the interim for example, rate rebates

Foreign ownership of water rights remains of great concern to all – we need to protect the rights and interests of future generations and ensure that decisions taken today do not foreclose the needs and aspirations of future generations

General interest in Waitangi Tribunal findings and the role that this case might play moving forward. It was noted that little progress has been made in this regard and it is expected that proceedings will continue at a glacial pace

Important to take lessons learnt from quote management system

Agreement that the model should include all water? Ground and surface.

Iwi should control the water in their own rohe

Perhaps a 30% allocation would be a good starting point

How would domestic and urban use fit into the allocation model?

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ATTENDANCE LIST

NAME IWI/HAPŪ CONTACT DETAILS

Andrew Stephens Ngāti Tama

Margie Little Ngāti Tama

Fred Te Miha Ngāti Tama

Matthew Hippolite Ngāti Koata

Louise Paul Ngāti Koata

Renee Thomas Ngāti Rarua

Frank Hippolite Ngāti Koata

Paul Morgan Wakatū Inc

Pat Park Te Ati Awa

Iain Sheves Wakatū Inc

Waihaere Mason Ngāti Kuia

ILG/IAG MEMBERS

Tā Mark Solomon

Rebecca Clements

Riki Ellison

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MURIHIKU/WAIHŌPAI FRESHWATER HUI

21 October 2014

KEY MATTERS ARISING

Decision Making

Collaborative process needs to be something that is determined by iwi – tailored for their individual needs and aspirations

Funding is required to enable Councils and iwi to engage effectively in the collaborative processes

Murihiku is a key contributor in terms of national GDP however has a comparatively small rate payer base so faced significant financial barriers in this regard

The collaborative process needs to go beyond water and must be holistic in nature – e.g. encapsulate land and sea

National Policy Statement

Need to ensure connection between reforms across the board.

Concerns raised about the FMU’s and the uncertainty around mechanisms – there needs to be better certainty.

There was a discussion about FMU and approach of managing the impacts on the environment – using ki uta ki tai. The Murihiku whānau are currently exploring the idea that it is approached from a more horizontal approach. For example, pristine areas such as alpine areas forming one FMU as opposed to a catchment. This would mean that water bodies could not be averaged at the expense of other water bodies and in turn ensure pristine water bodies are maintained in their current state. The cumulative effects mean impacts are more severe in bottom of catchments. FMUs need to take into account receiving environment and land use.

We should not be putting in a range of different levels that are “acceptable” – single standards which are consistent should be used across catchments.

The focus should be on getting back to where we were. Maintain is not enough the focus needs to be improve.

There are pros and cons of the collaborative process and regions need to determine the appropriate application in their rohe.

Concerns were raised about councils being able to determine how the NPS is to be implemented. There needs to be better guidance and direction from Central Government with input from iwi.

We need to think inter-generationally.

There needs to be more direction in the NPS about ensuring that water quality is maintained and improved.

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None of the changes are retrospective so there is no obligation for existing consent holders (some of which do not expire for another 20 years) to maintain and improve water quality. This is a concern about the application of this.

Iwi firmly oppose the exclusion of ICOL’s and do not believe decisions in this regard should be left at the discretion of the regional council.

Te Mana o te Wai – benefits include the values between NPS Freshwater and Coastal Policy Statement and CMS. We should be able to move it as a management tool across a range of policies. Murihiku asking that we promote the across all regimes.

Quality and quantity need to be linked.

Allocation

Supportive that iwi have a “use right” but concern was raised about definition of this term being too narrow – we need to be careful. It is a right to take water to be able to utilise that right to undertake commercial opportunities.

Important to get minimum flows right before any allocation.

Clarification about the allocable quantum being able to be used for other uses (eg. municipal) not just for commercial benefit.

The term should be environmental flow not ecological flow – quality and quantity have to be linked (and must discharge and the take)

Supportive of a Perpetual Right to ensure that it is able to be utilised for future generations. It is not a right of renewal. The ability to use in a way that achieves hapū aspirations is part of kaitiakitanga. It needs to be utilised at all levels, whānau, hapū and iwi.

Supportive of a pan iwi approach not taking individual issues to the table

Keen to have further conversations – but not during titi season!

Concern was raised about tradability and how decisions of one generation may impact on the aspiration of future generations. General agreement that tradability should be approached with caution and support for policies preventing overseas ownership. It was noted that the economic analysis being undertaken will be an important input into this conversation. It was noted that administration and who hold rights (ie. TRoNT or rūnanga) are key questions that needs to be understood before support could be given for a particular proposal. A question was asked around how what impact tradability would have on kaitiakitanga.

We need to understand what is allocated and what is being used. Metering will continue to be a critical part of the picture moving forward.

All agreed that we need to be mindful of looking at this in an intergenerational manner and ensuring that the solution provides for enough flexibility for future generations.

General acceptance from all for iwi having the ability to lease rights for a fixed period.

Concern around the RMA not being the best tool to provide for sustainable use.

The % of use right could be different depending on whether a water body is under or over allocated.

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ATTENDANCE LIST

NAME CONTACTS PAPATIPU / HAPŪ

Steward Bull Ōraka-Aparima

Jane Davis Ōraka-Aparima

Rewi Anglem Hokonui

Michael Skerrett Waihōpai

Gail Thompson Awarua (Apology)

Ailsa Cain Te Ao Marama

Taare Bradshaw Hokonui (late)

ILG/IAG MEMBERS

Tā Mark Solomon

Rebecca Clements

Riki Ellison

Donna Flavell

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OTAKOU FRESHWATER HUI

22 October 2014

KEY MATTERS ARISING

Reporting back to the tribe

Clarity was provided about the process for ensuring that tribal members are fully informed.

Mark provided an overview of the process.

This prompted us to think about putting more information on the ICF website so all ICF members have access to the information.

Water Quality

Supportive subject to the tribes ability to operate and utilise water in a sustainable way. There was a discussion about the farming and whether the allocation would be used specifically for dairying. There is a huge loss to the biodiversity if dairying was to be progressed. Mark provided an overview of the standards being sought and the level of independence required to ensure that Ngāi Tahu are truly operating the farms in a sustainable way.

Supportive that the framework needs to address and provide the environmental, cultural, social and economic outcomes.

Agreed that Councils should be on a continual programme of clean up. We need to get us to a state where the water quality is at a swimmable level as a minimum however drinkable is the preferred aspiration goal to be worked towards over time.

Capability and capacity building

There was a discussion about the importance of ensuring that support is provided to papatipu Rūnanga to build their capability to participate across all aspects of Ngā Mātāpono framework eg: decision making, governance, policy development and allocation/managing water.

Allocation

There was a discussion about trading and current issues faced with the Planning documents within the Ōtākou region eg: Meridian consent renewals and related plan changes. Ōtākou do not support trading (although they recognised that this is already happening). Happy with the ability to lease or utilise but not trade. Related to this overseas ownership of water consents remains of grave concern.

Given extreme over allocation what kind of process are we looking at? In many catchments realising an iwi allocation in the short to medium term will be challenging.

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Whānau are concerned about ensuring that any water rights do not go overseas investors. It was acknowledged that foreigners can already participate in the existing regime.

Around 35% of consents are provable. We don’t really know what the state of play is in many catchments.

20% going back into the rivers sounds positive.

It was acknowledged that an iwi allocation would in turn firm up existing users rights.

It is the view of the attendees that they believe that there is a high number of non-Māori who would support iwi having access to water. There is a real attitude change about recognizing the interests of iwi in this space. This is evidence in the CWMS process, the LAWF engagement, Hurunui Zone Committee process – which is all positive.

There was a discussion about the existing consents and there are a range of caveats that are attached to those consents. Also the importance of ensuring that there is a constant review.

Perpetual right for iwi but not for others.

In Ōtākou there are a range of Mining rights and water extraction rights that will expire in the next 10 years (2021). These were previously held for 150 years! There is an opportunity to enable local whānau to make a play to access the water.

As a local example for accessing water, there is a Mātaitai extraction that occurs at Puketeraki and they want to know how we can access water in freshwater bodies. Something to explore further.

There was a lengthy discussion about accessing water under the existing regime. Mark provided an overview of the “strawman”. The outcome from the discussion is that whānau believed that by providing iwi with the same rights as existing users, it will also provide better certainty for all users – which must be a good thing for all and is consistent with the National Government approach.

There are few people that can be involved because of the limited resources for whānau to participate at a local level.

ACTIONS

Task Who Time frame

Presentation and hui information to be put up on the ICF

website

Rebecca Completed.

Presentation to be distributed to the Ōtākou whānau Rebecca

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ATTENDANCE LIST

NAME CONTACTS PAPATIPU / HAPŪ

Chris Holtham Office of Rino Tirikatene

Brendan Flack Puketeraki

Ted Palmer Māori land trustee

Paul Karaitiana Ōtākou

Natalie Karaitiana Ōtākou

Tim Vial Ōtākou

Kāi Tahu ki Ōtākou

Rosemary Clusas Ōtākou

ILG/IAG MEMBERS

Tā Mark Solomon

Rebecca Clements

Riki Ellison

Donna Flavell

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ŌTAUTAHI/WAITAHA FRESHWATER HUI

24 October 2014

BACKGROUND A regional freshwater hui was held at Ōtautahi on 24 October 2014 to provide whānau with an:

update on the outcomes from the current engagement with the Crown; and

overview of the next phase of the engagement in addressing an allocation to iwi for economic development.

KEY MATTERS ARISING

The water quality needs to be drinkable as an aspiration. If we accept less then there is opportunity for degradation to continue to occur. We need the water to be pristine.

Swimmability should be a minimum and drinkable an aspirational to be worked towards overtime.

Canterbury Water Management Scheme are pushing to have water quality to be wadeable and therefore, we need the standards to be a lot higher, otherwise we are not able to address the issues for our waterways.

Te Mana o te wai is paramount.

The Freshwater Management Unit should be defined at a catchment level.

Claire provided feedback about the collaborative process and the challenges that iwi have faced during this process. It is resource intensive and unless iwi are able to have the resources to actively participate, then we will continually lose our voice around the table – against other users. Claire suggested that an alternative to a collaborative approach is for iwi to work internally first. We should work together to get our collective thoughts together and then go as one united voice, together at the hearing process. This could be an alternative.

Tūtaepatu is a good case study. We had no water, then we made some improvements as a result of the Management Plan and the water is back. It needs to be more comprehensive – water quality, leaching.

Need to address intensification rather than just agriculture as other industries are having an impact as well.

We need our Iwi Management Plans to be effected in a stronger way.

Market forces need to encourage diversification

There was a discussion about dairy farming and the impact on the environmental degradation to the waterways. There needs to be a range of initiatives to address the impacts of activity on our waterways. Land use change will assist with addressing water quality issues. Farmers need to put in meters, they need to destock etc – look to alternative ways of operating. We are an agricultural based economy but manufacturing is the main contributor to the GDP so why do we continually allow farming allowances.

There was a discussion about the Fenton agreements and the protections in place to ensure no rights to the water were sold with the land.

Mahinga kai provisions under the settlement also ensured our rights were preserved.

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Need to ensure that the allocation use rights also include both the use and discharge.

Mahinga kai is dependent on having clean water. Te Waihora is so bad that you cannot collect kai and the MOH are putting up signs now. At a practical level, this is becoming extremely concerning and one example referred to was Te Matatini is coming up, we need to get kai for the hākari. We cannot utilise our kai and this is a concern as it is now affecting our ability to manaaki people.

Hurunui nutrient levels are significant and is affecting our ability to collect any kai.

Earthquakes have also had an impact on the quality of the water. The liquefaction is toxic and there are currently no solutions.

There was a discussion about Potable water for the marae – Taumutu has this now and science tells us that our marae will not have this in 20 years’ time. From our perspective, we are going backwards. Tuahiwi had to invest money already into their own marae system to improve the quality of the water and we should have to do this. This threat should be managed.

We cannot get customary take for tuna because we cannot even get it. Jo’s key concern is that there will be some huge implications to the cultural practices for our future generations to go fishing, to gather kai, to understand their relationship with their waterways. It is a real fear, if we were to lose our customs and therefore, does this undermine our ability to truly exercise our customary take.

There was a discussion about the ownership of the water as it has too many other obligations imposed on us such as responsibility for stop banks. Very supportive of the use rights but preserve the ability to discuss ownership when the time is right.

Crown keep changing the rules on us in the collaborative process. The key issue for us is that the collaborative process is going to enable other non-treaty partners to have an equal status to that of iwi and therefore, we is the iwi’s point of difference. The collaborative process has been used against the iwi in hearings. We need to find solutions that are going to offer a point of difference.

The biggest owner of land in the catchment is Ngāi Tahu and this is not acknowledged and therefore, we have no special status.

Jo asked that we need to support the work of the ILG and elevate the issues as much as possible to assist the ILG to continue to push harder eg: drinkable as a water standard. It was also supported by the hui that these issues need to be resolved through the Freshwater ILG and their engagement with Ministers.

RECOMMENDATIONS

Support iwi having a “use right” (allocation)

Support the work of the Freshwater ILG

Perpetual and tradable (as long as te mana o te wai)

Further hui with Papatipu Rūnanga required to so more detailed feedback can be provided to the the team

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ACTIONS

Task Who Time frame

Regional Report summary IAG 20 Nov 2014

Summary of the issues out to Papatipu Rūnanga S&I Tbc

Presentation to the be distributed to Papatipu Rūnanga S&I Asap

ATTENDANCE LIST

NAME CONTACTS MARAE/HAPŪ

Arihia Bennett Tuahiwi

Jo McLean Waihao

Claire Williams Ngāi Tūāhuriri, Tuahiwi

Terrianna Smith Chair, Te Waihora

ILG/IAG MEMBERS

Tā Mark Solomon

Rebecca Clements

Donna Flavell

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BLENHEIM/WAIRAU FRESHWATER HUI

29 October 2014

KEY MATTERS ARISING

General

The Māori land court continues to facilitates issues around multiple land ownership. This is a public policy issue that needs changed addressed.

Complexity around multiple land ownership continue to hinder development.

Ture Whenua should play a key role in facilitating land development in a manner which does not undermine the aspirations of trustees.

National Policy Statement

Support for the Ngā Mātāpono ki te Wai framework to serve as the basis for discussions.

We have seen a general movement towards the elevation of the economy over the environment. This coupled with changes to the LGA are of grave concern to iwi and the community.

Support for greater national direction for how councils engage with iwi.

The community more often than not want what iwi want. We need to build on this.

Timing and staging are critical. Important to be bold about our aspirations (like swimmability) and work towards over time.

Allocation

No particular concerns from those present relating to content of the presentation provided.

What do you mean the crown recognises our rights? Are they recognising historical rights? How they recognise depends on the tools they might use to provide for these rights.

Total agreement that iwi have rights.

Recognition that the quote management system is owned by many off shore companies and this is of concern in the water space.

Interest in the level of acceptance for an iwi allocation across the country.

Transfers impacts on mana. Important that this is considered and managed moving forward.

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Climate Change will have an impact on the water allocation and this needs to be taken into consideration.

The reality is that water is already being traded so this must be considered when looking at an iwi allocation.

The Ministers at the table will be key to the direction and nature of this conversation moving forward.

Iwi believe that while things are being monitored consent holders are ensuring they take water regardless of needs to ensure they retain existing consent.

This discussion needs to canvas groundwater and surface water.

Recognition of the value of getting the media onside. The iwi leaders are cognisant of the importance of using the media to ensure we take the public with us. We need to use the media to our advantage and the iwi leaders do intend to go public with this issue when the time is right.

Councils in the Marlborough region have done economic analysis on the impact of water rights on land values.

General acknowledgment that iwi rights be perpetual and inalienable.

Support for take and discharge to be separate.

Iwi rights would be easiest to provide for in new developments. Perhaps this should be a special focus.

Acknowledgement that grandfathering continues to be an issue. Technology will play an important role moving forward.

ACTIONS

Task Who Time frame

Circulate a copy of the analysis of progress made to date in

terms of the NPS-FW

S&I October 2014

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ATTENDANCE LIST

NAME Iwi Contact

Richard Bradley Te Atiawa o Te Waka-a-Maui

Raymond Smith Te Atiawa o Te Waka-a-Maui

Ian Shapcott Te Atiawa o Te Waka-a-Maui

Catherine Johnson Ngāti Kuia

Glenice Paine Rangitane

ILG/IAG MEMBERS

Tā Mark Solomon

Rebecca Clements

Donna Flavell

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TE TAI POUTINI FRESHWATER HUI

31 October 2014

KEY MATTERS ARISING

Approach

General support for the Iwi Leaders Group and recognition of progress made to date

Support for a Te Waipounamu wide position on matters of agreement

The strength of a united Te Waipounamu position was noted by all

Process

Concern that the process has taken so long to progress due to the Government stalling

What does a right look like?

Government scared, they believe anything they do for Māori will create a public backlash

The issues are how we retain our Treaty rights was noted

The government should charge the dairy farmers so that the waterways can be cleaned up

Proposed Model

Support for kaitiakitanga to be integral to any proposed model

General support for putting something on the table to start the discussion

Issues with consistency of messages, if we are going to use kaitiakitanga as a model then we need to ensure we are being responsible kaitiaki in all areas of business

Kaitiaki should be the guiding principle – this is about working within the eco system and this remains a key aspiration

Allocation

Concern around the concept of water becoming tradable could result in the incremental alienation of rights to water

Water rights need to be inalienable

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ATTENDANCE LIST

NAME HAPŪ/PAPATIPU CONTACT DETAILS

Veronica Baldwin Ngāti Waewae

Mahana Coulson Ngāti Waewae

Kori Hutana Ngāti Waewae

Hamiria Hutana Ngāti Waewae

Joe Mason Ngāti Waewae

Tangi Weepu

Julian Phillips Te Rūnanga Office

ILG/IAG MEMBERS

Tā Mark Solomon

Rebecca Clements

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Freshwater Iwi Leadership Group, Regional Hui Taranaki ki te Tonga

10.20am, 15 October 2014

Karakia/Mihimihi/Kapu Ti Julian spoke to the Freshwater ILG presentation that had been circulated through the Iwi Chairs network. Discussion: 1. What is the Crown’s view of our rights and interests?

a. The Crown is asking us to confirm what we see as our rights and interests. b. This is why the Freshwater ILG (ILG) is holding this regional hui.

2. On the NPS for Freshwater Management (NPS) – there is a framework. Is there now the ability to challenge this framework as we are not happy with the limits nor the lack of decision making for our whanau, hapu and Iwi.

a. Yes. 3. Are you wanting us to reaffirm what we are seeking?

a. Yes. 4. Iwi must have mana: mana wai, mana moana, mana whenua. 5. We support King Tuheitia’s perspective: We own the water in our rohe. 6. We want no less than what Waikato – Tainui and Whanganui have achieved 7. We have concerns over Patea river in the context of our overall concerns for our

freshwater. 8. Trust Power has changed the course of our rivers, and therefore changed our whakapapa

to the waters, to the toka to our fisheries. Their dams have contaminated our waters with weeds and foreign species of fish that have been introduced.

9. Wider concerns over damming include: a. Impacts on land – flooding

i. Now energy company coming back to reclaim lands that were originally flooded and were never theirs

b. Impacts on kai (tuna, piharau etc) 10. Concern over the engagement: submissions were made on the NPS on all areas – but

largely ignored. 11. Timing is an issue – the NPS has preceded a proper explanation and understanding of Te

Mana o Te Wai. Te Mana o Te Wai needs to be fleshed out as an objective if it is to be understood and implemented by regional council. They need to know what Te Mana o Te Wai means in terms of limits and allocation. Look after the water first: don’t take too much and don’t discharge paru.

12. NPS sets framework for Regional councils (South Taranaki Regional Council) – but there is a gap with how this is to be implemented. There is no engagement with Iwi to set limits. This needs to be addressed.

13. Discharge pipes are in the waters – but they have no consents. 14. We don’t just want more Iwi input: We want real Iwi input.

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15. We are under-resourced to participate. We must be resourced over and above what was done in our settlements.

a. Concerns for small Iwi and those who have not settled. And whether they have the capacity to actively and continuously engage in this process. It is relentless.

16. There must be change. We cannot leave this with the current structures and decision makers as they have failed our waters.

17. Q: What is the nature and extent of those rights? 18. We need to look at Tribunal reports on fish. It is not about what Māori are taking, but

about what we are prepared to give to others. We must start with 100%. 19. We need a watershed moment to change their (government and local government)

thinking. The Tribunal and Supreme Court is an avenue. We can take our time – this is too important.

20. We need to be championing ownership; 100% belonging to Māori. We need to shape the discussion and the necessary lobbying.

21. Waste water is our real big issue and needs to be dealt with in allocation: Discharges, farming etc.

22. We need to commit to sharing our experiences. Through Taranaki and through the motu. 23. What are the experiences of other Iwi? 24. Need to talk about the title to our awa and what that means as well. Learn from others. 25. Freshwater starts from our maunga: we are of the awa. 26. In our negotiations freshwater was not on the table – nor the co governance or co

management. 27. Our maunga is still to be settled. We want the water done at the same time. 28. The Crown was focussed on site specifics. It was about water ways for the Iwi – not just a

few ‘cultural sites’. 29. We want everything: ownership and control over the maunga and the freshwater that

comes off it. 30. The water is drinkable from the Maunga – it needs to be drinkable through to the moana. 31. Waingonoro – that became a lake. It was almost ready to burst the banks. We support

drinkable water. 32. Very few marae around Ngaruahine draw from the springs – most draw from town supply.

We rely totally on freshwater as it comes from our springs. 33. Our minimum is that our manuhiri who come to our marae can drink our water which

comes from our spring. 34. We need to be the kaitiaki of Maunga Taranaki: the source of the freshwater. 35. We are so busy and under resourced, in some cases we have not challenged resource

consents. 36. Taranaki should come together; own the Maunga; own the waters coming from them;

control the water coming from the Maunga. The Maunga and waters from it are inseparable.

37. We are actually fighting to have a better say. 38. Timings: we need to be in a position to discuss Rights and Interests issues by March 2015. 39. Review of RMA 6 & 7 must be a part of the discussions 40. Manawa pou road – paru pouring out to the moana 41. Fonterra and District Councils are the biggest takers of water and the biggest polluters

a. Is this the situation around the motu?

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42. Are council’s not conflicted? There should be a separate entity responsible for the allocation of water (including discharges).

43. Damming has caused problems of water quality and weeds. 44. Don’t trust the Crown and Regional council. They are not our friend – they never have

been. 45. We need to look at local leadership examples – and share this with each other. 46. We need to have examples that make the government sit up and listen: stopping access to

our water ways for fishing is an example. 47. We can’t go back to our water ways that we grew up. Too costly. 48. Crown needs to bear the responsibility for the disconnect that the Crown caused for us

and our water ways. Resourcing to reconnect: wananga; positive promotion. 49. Decommissioning of dams cant happen until the rivers have been cleaned up. Na te iwi kaenga I tuku mihi ki te tira haere. Meeting finished with a karakia at 12.30pm.

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Freshwater Iwi Leadership Group, Regional Hui Te Kotahitanga Marae, Kaikohe

10am, 20 October 2014 Karakia/Mihimihi/Kapu Ti 11.15am Donna spoke to the Freshwater ILG presentation. Discussion: 1. We, hapu, want the right to issue resource consents in our hapu area. It is not the Iwi – it

is the hapu. 2. All our water ways are polluted – from the pine tree forests. The farmers are also

contributing to the pollution. What are council doing to help whanau with these issues? Nothing.

a. The NPS which came into force on 1 October 2014 b. Council’s must align with the NPS – and Te Mana o Te Wai which is a core principle

3. Is Ngapuhi represented on the Iwi Board of the Regional Council? We need to be at all levels.

4. We need to engage with the councils on their freshwater plans – making sure that what is noted in the NPS/Te Mana o Te Wai is reflected in our local plans.

5. The ability to create Māori boards or Māori seats. This needs to be put in to legislation to make this happen.

a. Runanga preference is to have seats at the council table or statutory board. 6. We need to make the law align with our Ngapuhi aspirations – not have Ngapuhi fit in to

Pakeha laws. 7. The Freshwater ILG need to take a stronger line on these issues. 8. Disagree with the view that no one owns the water. We own the water.

a. Our law is Te Whakaputanga and Te Tiriti o Waitangi. We need to walk, talk and practice this.

b. Ownership is demonstrated by those who generate power, who put water in a bottle and where the source of the water is.

i. But council’s require consent. They have the mana over who owns the water.

c. Council charge rates for the infrastructure that they put in place for water. 9. Council’s are tamariki of the government. They are a creature of statute. 10. Need to be careful about what we take to Court. A bad decision affects everyone – not

just those who are challenging a decision. 11. Indigenous and first rights should be our platform. What is the ILGs platform or leverage? 12. The huarahi that we have are:

a. By force b. By engagement: ILG c. By law (Waitangi Tribunal and Supreme Court)

13. People get their right to consents by going to the thief – the Regional Councils (the thief) who assume the right to take water. They need to be challenged.

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14. We should be empowering our hapu to make decisions on the resources in their rohe. 15. Porotii:

a. 21,000 m2 allocated per day i. 14,000 to council

ii. 4,000 Mangatapere Irigation iii. 2,000 Zodiac – now have a 35 year consent

1. They make $80,000 worth of product each day. 2. This is the value of the water for 2,000 cubic litres.

16. Te Whiu hapu – attended the national hui called by Kingi Tuheitia and support Māori owning the water.

a. Tauwhara Marae (Whakatahaa Maunga) i. Water that feeds the marae was diverted to Kerikeri. Now the flows to the

marae have dried up. b. Waitangi forest has become the discharge for waste. Then flows on to where we

harvest our kai in the Kerikeri river. c. Council engagement is tokenistic.

17. Nga punawai o Hokianga – we own these waters. a. The Council have to come to us to access our waters. b. Our people were willing to die for their kuri, we will die for water rights in Waima.

18. It is a hapu use of water – not an Iwi right. 19. Perpetual and inalienable ownership is supported – tradable would only be on leasing. 20. Matarawa – gravel extraction. We have serious erosion. We need to deal with these

issues as well. They are all interconnected. We need to act urgently. Our ecosystems are being impacted in our Mangakahia area – Mangakahia river.

21. Water quality – we should be swimming in and drinking our waters. We can’t take mokopuna to our rivers that we swam in, that we drank from.

22. We need decision makers at the top tables. We need to have influence to make decisions. 23. We need to be in the Iwi leadership: Iwi is collective of hapu and whanau. 24. We need education and strong communication processes on these issues. We need to

update the community on our rights. 25. Restoration needs to be done on the waterways as well.

a. Donna explained Te Mana o Te Wai funding which is focussed on restoration. b. We will circulate this to our whanau once the criteria has been finalised. c. $2.5m per year for 2 years. d. This funding needs to be ongoing

Na te Heamana a Raniera te mihi. The hui closed with a karakia at 12.50pm.

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Freshwater ILG, Regional Hui Te Hana Marae, Te Hana 3.30pm, 20 October 2014

Karakia/Mihimihi/Kapu Ti 4.35pm: Donna spoke to the Freshwater ILG presentation. Discussion: 1. Ngapuhi and Ngati Whatua must be represented on the Freshwater ILG. There is no one

from the north.

2. It is hypocrisy for the Crown to say that no one owns the water – but on the other hand

they have a system that effectively gives exclusive rights to some people.

3. Ko te wai, he tino taonga. Ko te waiora – karekau he pirau i roto i te wai. He wai tuturu –

pure freshwater. Waimāori.

4. Our puna is our taonga. I want to protect my taonga. We want to keep them secret as we

don’t want pakeha exploiting our waters by going to the source - which are our puna.

5. Watercare is telling us (in the Kaipara) that they will be piping the water from the Waikato

to the Kaipara. This is wrong. We are taking the taonga of the Waikato people.

6. Whanau had their own puna – we own them.

7. The thief/Crown should not be adjudicating in its crimes against hapu/Iwi.

8. All hapu had interests in water – irrespective of land ownership.

9. Health and the wellbeing of the kainga was based on the wai: our kainga are around the

wai.

10. Our tupuna have always been connected to the environment.

11. Our connection to the wai has never stopped. It was always understood that we owned it.

12. Our kaitiakitanga has been obliterated by the Crown.

13. The Crown needs to uphold the RMA:

a. Our role as Kaitiaki

b. The Crown’s duty to Te Tiriti o Waitangi

14. Section 8 of the RMA affirms our view of the Treaty as outlined by the Tribunal: we own

the water.

15. Porotii owns the water. Te Hikutu owns the water and the council is having to go to them

to access the water.

16. The degradation is happening because the Crown has disconnected us from our

kaitiakitanga.

17. Land use has impacted on the quality of the water. We want to be a part of the solutions

of restoring our water ways and replenishing the life within the waters.

18. Assuming that land ownership determines rights to water is wrong. Our rights to the

water are over and above any land ownership by our water ways.

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19. Iwi are struggling to keep up with every law and regulations that come from central

government and council. They are attacking on every front, every day. We don’t have the

resourcing to keep up with them. We are on the back foot by being under resourced.

20. The Crown has not managed the water well at all – they have mismanaged the freshwater.

The Crown is a habitual descecrater of our fresh water. We don’t shit in our own water.

21. Forestry has had an impact on our waters. Production forestry takes a disproportionate

amount of the water.

22. Councils are meant to follow rules – but they don’t. The rules are there but they are not

following them. They should be held to account – but it costs. The Environment Court

costs a lot of money. And then Māori are diverted to ineffective mediation.

23. Even when the law is clear, we are shafted by those who are responsible for implementing

the laws. From the councils through to the Environment Court.

24. Tribunal decision endorses our position that we own the water at Pouto (on the Kaipara

harbour).

25. We have to look at ourselves in some cases where our rights to water have been lost.

Some of our people undermined the rights of the collective.

26. We have to look at rights in common. And keep together to champion our rights to the

water.

27. The Crown needs to uphold the law – in the RMA, in the Waitangi Tribunal. We need to be

in the decision making when the allocations of water are taking place.

28. Mana tuku iho – our connections are maintained in our whakapapa from Ranginui to us.

29. At Te Oneroa we had to ask the Council to access our own beach. What the Crown is doing

with water will be the same.

30. Allocation: Yes allocate to Iwi. Yes it must be inalienable.

31. The waters must be sustainable – the whole ecosystem must be sustained: the life within

it, and the human reliance on it. Then deal with allocation.

32. Protect the infrastructure to ensure that it is not sold – eg Wellington infrastructure being

managed by a 3rd party. In Papakura the infrastructure was sold to Viola.

a. Could this happen to Watercare?

The meeting closed at 6.10pm with a karakia.

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Ngāti Kahungunu- Notes from Rights and Interests Freshwater Wānanga Wairoa Taiwhenua 29 October 2014

Impact on the Mahia aquifer

Need to protect the rights for Māori before other users

Māori should have equal control as any other user

Water is currently trade able i.e. bottled water

Te Tiriti o Waitangi is the corner stone for engagement with Crown on water rights

Whakapunake, Te Reinga – spring may be fenced off

Pollution of the water is a real concern and ongoing access to the eel fishery

Whakakii – water pollution and impact of sedimentation. The quality of the soil and the impacts of erosion on the waterways

Impact on the environment from the weed sprays

No confidence in local authority ability to water management

In Australia if you collect rain water you will be taxed. Te same situation could happen here

Support for the Iwi Chairs Forum principles for te mana o te wai

We need to say the mana o Waikaremoana not about individual rangatiratanga

Any water allocation framework has to be place in a Māori framework first and foremost

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Te Rangimarie Marae Masterton 6 November 2014

Important for fault lines to be mapped and their impact on the surface water particularly when planning for projects like water storage schemes.

Our aquifer actually cleanse the waterways. They are filters

Fresh water mussels are an important indicator of the health of the water

Our wetlands are important and we need to encourage our farmers to grow these

There are at least 20 Aquifers in the Wairarapa

Important for our Kahungunu large natural groups to come together

Our Miraka factory and dairy industry overall in Masterton is very successful

Seaweed is used on an organic farm at Takapau for fertilizer for a farm with 2000 Cows

We need to improve the value of our primary sector.

Important for water storage schemes to illustrate the social equity at the same time as illustrating the economic model

Whats good for Māori is good for the country. We don’t want another foreshore and seabed issue fuelling the fires of fear.

We want all of our rivers to be drinkable

Current model of first in first served is not good enough. This has to be stopped

The LAWF is a very good model. Recommend that this is funded and supported to continue. Crown has agreed to fund it. LAWF should be regionalized including the zoning of catchments.

Sometimes quantity is related to quality

Water is viewed as a closed system.

A water right is not a license to pollute but rather it should be a license to improve

Put covenants in place to protect the integrity of water

By 2025 we want all the rivers to be up to a Grade C river as per the NPS standards

Concern around the use of science as the only basis for the water models when other bodies of knowledge including social and cultural knowledge are ignored. Science is driven by economics.

Kahungunu ki Wairarapa have a functioning kaitiaki group[

A 50-70 year water plan is required

Need to protect our rights in legislations

Māori add to the value of all NZ

LAWF have a proven Māori perspective which was good. Need to stop and wananga on this and how the Māori view can add value

May need to consider having a moratorium on whitebait as they have a 7 year cycle of abundance

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Ngāti Kahungunu- Notes from Rights and Interests Freshwater Wānanga

Te Taiwhenua o Heretaunga 22 October 2014

Contaminated water. We are charged to hand down to our mokopuna. Our obligation is to our mokopuna

We don’t want our mokopuna to inherit the issue

Loss of river flow and the quality of water has decreased in recent times, i.e at Tangoio

Impact on our relationship with water and the nature of the relationship

Our moemoea is that our mokopuna enjoy the same rights and access as their Koro, as earlier generations

Loss of water all together at historical places, i.e Bridge Pa

Reality is that this impact on our rangatiratanga

The Tukituki provided a central meeting and gathering place for the community, to fish for tuna and to gather watercress. This has been lost.

Intrusion on the mana of our water ways.

Pollution from: oxidation ponds, leakage from refuse tips, freezing works and stock run offs

Impact of stock waste, farming practices on Porangahau stream

Sedimentation issues, no buffer for water, intrusion of the mana of the wai

Protecting our long fin tuna is important as they have become endangered. We don’t see it very often, he taonga.

The value of our people – he aha te mea nui o te Ao, he tangata he tangata –

Rangatiratanga and Kaitiakitanga

HBRC price of water = 25c per cubic litre

Maintain whakapapa through Mātauranga Māori

Respect for the mauri, where do our tamariki go for a swim, being empowered spiritually and physically

Rights vested in whakapapa, value of people

Kahungunu has very clear lines of communication amongst whānau, hapū and iwi through the use of wānanga to inform the kaitiaki

Water reflects the health of our people

Algae is widespread which is a bad sign

We have to be careful to not degrade the water otherwise we will become Impoverished spiritually and physically

How much of a say do we have with our environment?

Protection of mauri. Need to challenge the Regional Council

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HOPUHOPU FRESHWATER HUI

23 October 2014

BACKGROUND

A regional freshwater hui was held at the Waikato-Tainui College for Research and Development, hopuhopu on 23 October 2014. The meeting was well attended by over 40 whānau/hapū/Iwi members and it was an opportunity to provide:

An update on the outcomes from the current engagement with the Crown; and

An overview of the next phase of the engagement in addressing an allocation to iwi for economic development.

See Appendix One for the attendance list.

KEY MATTERS ARISING

Funding is critical to ensure that whānau are supported effectively (capacity and capability) to participate in the collaborative processes and to engage proactively in the management of water

Te Mana o te wai is paramount

Support iwi having an “use right” (allocation) in freshwater but whānau and hapū need to be involved in utilising the right

Agree to progress an allocation for iwi to access for economic development. However, we need to ensure that the water is being used in a sustainable way.

There are local successes that have not been shared previously – there needs to be better sharing

Clarity was provided between the Crown (treaty partner, on-going) and Government (Ministers elected every three years, Crown officials)

A lot of the farms are being sub-leased and this is affecting the access to streams that we could by previous farmers.

General support for the approach taken by the Freshwater ILG

We own the water but we lost the management and control rights

Iwi/Māori are also part of a global nation and therefore, there needs to be consideration internationally

Waterways are now been affected by an increase in farms – we need to ensure that solutions address the pollution by these users

Allocation of water is determined by the local council so we need to ensure that this is directive at a national level

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There was concern raised about the exceptions policy and the importance that we must ensure that power companies should comply with the water standards that are set

There was concern raised by whānau about the support to the ILG/IAG particularly given the Crown is a big “taniwha”. Support further resourcing, ensure engagement at the highest level, ensure the messages is communicated widely and provide feedback

Freshwater needs to be addressed in a wider context such as economic development, lands, education etc

Water metering – this is something that is being investigated by the City Council. There is a lot of waste happening and if there is a user pays system, then people might be more frugal. So we need to keep all options open.

Water infrastructure – watercare applying for three times more than they need but the water from the Waikato River is being piped up to Kaipara. We need to consider how iwi are also owners of the infrastructure and also think about how we can address these issues.

Needs to be wider communication to whānau, hapū and iwi.

PRESENTATION BY NGĀTI HAUĀ AND NGĀTI KOROKĪ-KAHUKURA

A powerpoint presentation was delivered by Ngāti Hauā and Ngāti Korokī-Kahukura to provide an opportunity to express their concerns and thoughts to the IAG and whānau attending the hui on Freshwater.

Ngāti Hauā

The Ngāti Hauā whānau have been discussing this Freshwater kaupapa in much more focused way over the past two weeks and the presentation is reflective of their respective views.

From these discussions, it was evident that Ngāti Hauā and Ngāti Korokī-Kahukura are a river people

There are a number of waterways that sit within their tribal boundaries and it is their aspiration to ensure that the waters remain to a standard that is swimmable as a minimum.

There are a number of rivers (eg Okoroire, Piako iti, Piako nui and many others) within the tribal boundaries that are key sources for tuna and has sustained the people. However more recently, the pollution has had an impact on the tribes ability to access

There are soils that were used to stump the growth of the kumara so that they stop growing lengthwise but instead grows width wise (stump effect)

Therefore, the environment is a critical source for a range of kai, which is all dependent on the waterways. If you sustain the wai, you sustain the people and you sustain the environment.

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Ngāti Korokī-Kahukura

Linda provided an overview of the hui held by Ngāti Korokī-Kahukura whānau and outlined their position on the issues being raised by the IAG. Referring to the Ngāti Koroki Kahukura Reunion Booklet 1996, our tūpuna named the streams and puna in our rohe. These references illustrate our mana whenua and confirm that puna and streams have traditionally been used by particular whānau in and around Maungatautari, our ancestral mountain. They confirm that our waterways not only sustained our people physically, the waters had spiritual significance and healing powers. We have had exclusive control of our waters since 1840 and agree with the Waitangi Tribunal’s findings that rights and interests are akin to the concept of ownership. Those rights and interests are under threat.

These issues affect our very livelihood. There are a number of key issues that were raised about the puna in their rohe:

Our puna are drying up. Water is being taken from our puna and used by others, used for trading, used as a commodity

Bores and pipes have been put in place to access water in puna by others, at the expense of iwi, hapū, whānau

Access to water is the subject of growing conflict and tension in rural areas.

The whānau are concerned that we are spectators about the state of the waters within their rohe.

Key recommendations from Ngāti Korokī-Kahukura and Ngāti Hauā

Support Te Mana o Te Wai as described by Willie today (that water must be sustained first for its own sake, and then we think about allocation).

We appreciate this hui and support more engagement on these issues so that we fully understand what is being advocated for at iwi levels.

If a take/allocation is not healthy for the awa, we should leave the water in the awa.

We support lobbying to include tangata whenua at all levels of decision-making.

Support seeking higher bottom lines for water quality standards – we should be pushing for the highest standard as much as possible – we want the water to be drinkable, at least from the puna, the small streams and tributaries off the mountain.

We support the Freshwater ILG because we have a strong voice in that forum with our Chairs of Te Arataura, Te Kauhanganui and our CEO attending.

We support the IAG with the involvement of Willie Te Aho who pushes the boundaries and works hard to hold the Crown to account. He also advocates accountability and transparency of the ILG/IAG processes.

We reserve the right to advocate for the rights and interests of our waterways.

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MANIAPOTO

Tipene provided an update on the provisions in the Maniapoto settlement which included a number of key mechanisms that are similar to what is being promoted in the current Crown engagement. Which is positive.

Maniapoto want an allocation right in perpetuity but want the flexibility to be able to do with it as we see fit and not be constrained in any way

There needs to be a benchmark to protect te mana o te wai to ensure it is protected for future generations

Te Mana o te wai needs to be an objective in the NPS-FW otherwise it is going to be difficult for it to be implemented effectively.

Fantastic to see collaboration but what is the team doing to ensure the iwi voice is not lost in the conversation? This needs to be addressed.

There are concerns about the processes potentially creating iwi bureaucracy, therefore who gets the allocation and therefore, who has the control (such as TGH)

Within Maniapoto, they have just completed the Cleanup priorities for the Waipā River. The people know their stretch/part of the river. The people want to participate in managing the river. How is this going to be considered? What is the way forward? What are the points of leverage to make a difference for whānau?

We also need to celebrate the small wins that we achieve throughout the engagement and acknowledge that they are wins in the context of the Crown’s agenda.

ACTIONS

Task Who Time frame

Regional Report summary IAG 20 Nov 2014

Te Mana o te wai: better guidance for whānau, hapū and

iwi to about what it means and how it is to be applied.

IAG/MFE To be negotiated

APPENDIX ONE: ATTENDANCE LIST

NAME CONTACTS MARAE/HAPŪ

Donna Pokere-Phillips Parihaka

Puamoeawa Phillips Ngāti Tipa, Ngāti Tahinga

Pat Kingi Ngāti Pou, Ngāti Naho

Timi Brown Ngāti Te Ata, Ngāti Hine

Tukukino George Ngāti Mahuta

Kura Stafford Ngāti Maniapoto, Ngāti Hikairo

Ngahuia Herangi Waikato, Maniapoto

Steven Wilson Ngāti Apakura, Ngāti Korokī-Kahukura

Te Ao Marama Maaka Ngāti Hauā

Lance Rapana Ngāti Hauā

Te Wano Wilson Ngāti Hauā

Herenga Wirihana Ngāti Hauā

Te Ihingarangi Rakatau Ngāti Hauā

Marilyn Wilson Ngāti Hauā

Hinerangi Kukutai Ngāti Hauā

Pare Holder Ngāti Hauā

Te Hanga Hanga Rakatau Ngāti Hauā

Kahurere Tuhakaraina-Clarke

Ngāti Hauā

Rawiri Hamiora Ngāti Hauā

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Te Ani Tuteao Ngāti Mahuta

Mokoro Gillett Ngāti Hauā

Major Herewini Ngāti Naho

Shlea Manukau Ngā Hau E Whā

Te Pora Thompson Ngāti Hauā

Teaomarama Newton Ngāti Hauā

Tangaroa Whitiora Waikato/Ngāti Mahuta

Terina Rakena Waikato/Ngāti Mahanga

Miriama Thompson Ngāti Hauā/Rangitaupi

Taingakawa Thompson Ngāti Hauā/Rangitaupi

Rodney Gillett Ngāti Hauā

Rangitionga Kaukau Ngāti Hauā

Tihi Tamihana Ngāti Hauā

Nicholas Manukau Waikato

Taipu Paki Waikato

Te Amorangi Heremaia-Flavell

Waikato

Erin Wilson Ngāti Hauā

ILG/IAG MEMBERS

Julian Williams

Willie Te Aho

Linda Te Aho

Grant Kettle

Donna Flavell (note taker)

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APPENDIX TWO: POWERPOINT PRESENTATION

Slide 1 Slide 2

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Slide 3 Slide 4

4

Slide 5 Slide 6

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Slide 7 Slide 8

6

Slide 9 Slide 10

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Slide 11 Slide 12

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Slide 12 Slide 13

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Slide 15 Slide 16

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Freshwater ILG Regional Hui Mataatua Whare, Te Manuka Tutahi Marae (Whakatane)

4pm, 11 November 2014 Karakia: Pouroto Ngaropo Mihi: Joe Mason Mihi and Freshwater ILG presentation from Roku Mihinui. Discussion: 1. Mataatua Declaration on Water (Appendix 1) was presented to the Freshwater ILG.

a. Most but not all Iwi of Mataatua waka have signed this Declaration. Ngai Tuhoe were present, indicated their support for the rest of Mataatua, but did not sign.

b. This Declaration is a high level document which focusses on the principles. c. The key challenge is how we bring effect to this Declaration. However it is

done, we must keep true to our principles. d. We need to work through the detail on the “how” these principles are

implemented including issues like allocation. e. This Declaration was presented to the Prime Minister in October 2012; f. There is an intention to present this to the United Nations – which follows on

from the Mataatua Declaration on Flora and Fauna. g. Mataatua will look at how we bring value to the ILG through the Declaration.

2. Mataatua see us/Iwi owning all of the allocation – and we are prepared to discuss how we give some of the 100% to others.

3. Key challenges around affected parties and resource consents a. Allocatable space for the coastal area was 20% b. Pongakawa is completely allocated. c. What affect will rising sea levels have on freshwater in reclaimed areas? This

discussion needs to take place with Councils now. This is a good opportunity and groups like Tapuika and Ngati Whakaue ki Maketu are discussing this because a rise in sea levels will affect their freshwater.

4. Technical information on allocation is not available. a. It is easier to deal with discharges – as we don’t have the information on

water takes and what is needed instream. b. We are looking at metering of water takes as well.

5. What is other Iwi views on allocation? a. Don’t come from the view that we want a part of unallocated freshwater. b. Support the view that we own 100% and are prepared to discuss how others

take proprietary rights. c. Look to split ownership of water from the use of water.

i. Acknowledge in the fisheries settlement that some Iwi received quota, but on the use (due to overfishing) only half the quota could be used.

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6. Council’s are critical to the day to day water issues in a hapu/Iwi rohe. a. The ILG is working with Local Government NZ – to get buy in from local

councils. b. These relationships with each council need to be made stronger – with central

government assistance/legislation to make it happen. c. When the BOPRC goes through the process of their freshwater plans – we

need to be driving this. d. There is a freshwater management group set up in the BOP. We need to

make sure that we are a part of this process. Eddie Grogan is chairing the process. It is mainly the stakeholders involved in this.

7. Is the ILG going to drive these issues? a. It is hard for some individual Iwi or waka to make a difference. b. The ILG will collate each different Iwi view; give those views the respect that

they deserve; then put these views in front of the Deputy Prime Minister on 27 November 2014.

8. Is there are drive toward specific Water Management Boards? a. The focus at the moment is on the catchment – Rangitaiki, Kaituna etc are

examples. b. There needs to be power sharing. Under existing Boards Iwi are

outnumbered. c. New water allocation boards will be one of the options that are considered.

There have been concerns expressed that Council’s are conflicted because they are a major user of freshwater.

9. Co Management: a. Chair of the Rangitaiki River Forum noted:

i. Capability and capacity is a major issue. ii. A lot of energy is expended on dealing with councillors who see

themselves as being in charge because they were elected. We have to continually battle this mind set and provide our view that we own the water.

iii. There is a huge educative role needed in these processes. iv. We need to ensure access to all technical issues to bring ourselves up

to speed. b. Iwi are always losing out to eco adventure, bird groups and other

“community” initiatives. c. There is a major problem with ensuring both capability, capacity and

succession planning for people involved in co management arrangements. d. We need resourcing.

10. We need to be collaborating as Iwi. a. We need a joint infrastructure that provides support for all Iwi. b. We need to share knowledge between Iwi: particularly best practice.

11. This issue is urgent. a. By default users of water are treating their use as rights akin to ownership. If

we don’t act now, those use rights will be taken as or lead on to ownership.

12

b. Māori will be left out if our proprietary rights are not recognised. c. Whanau are being approached now for 50 year leases to create water

reservoirs. In this situation we need to have the right to break these arrangements if proprietary rights in freshwater are determined.

12. Mai Nga Kuri a Wharei forum needs to be included in this Freshwater ILG process. 13. The meeting closed with the opening reference of the Declaration “E whakapono ana

matou nga iwi taketake o Mataatua he taonga tuku iho nga wai Māori o teenei whenua, mai i o matou tipuna heke iho ki nga whakatipuranga e noho nei i tenei ao hurihuri, tae atu ki nga whakatipuranga e piki ake nei.

The meeting closed with a karakia at 5.25pm

13

TOKOROA FRESHWATER HUI 10 November 2014

BACKGROUND A regional freshwater hui was held at the Tokoroa Sports and Events Centre, Tokoroa on 10 November 2014. The meeting was attended by 27 whānau, hapū and iwi members. The hui was an opportunity to provide:

An update on the Freshwater Iwi Leaders Group (ILG) engagement with the Crown;

Seek feedback on aspirations in regards to the management, use and allocation of freshwater; and

Support discussions with the Crown on realising the economic benefits of an allocation of freshwater to iwi.

See Appendix One for the attendance list. KEY MATTERS ARISING 1. Support is given for the approach taken by the ILG. Support given for the

continued work of the IAG/ILG.

2. LaWF participation is also important – Raukawa Technical Advisor is Billy Brough a

Resource Management consultant with a background in the LaWF.

3. Ngā Mātāpono ki te Wai is guided by five key principles.

4. Agreed that Iwi need to be at the decision making stages and to have better

engagement both prior to and during planning processes.

Te Mana o te Wai is an overarching national objective within Freshwater NPS and

must be sustained. Concerns were raised over the extent of the exceptions policy

with particular regard to power companies not having to meet set limits. Agreed

that water quality was of upmost importance. Iwi require and greater national

direction for councils on how to engage with Iwi.

5. Agreed there was no dispute that iwi have rights and interests in freshwater and

rights of iwi must be resolved to provide security and certainty for everyone.

Support Crown/Iwi engagement to address iwi rights and interests in freshwater.

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6. It was agreed to support iwi having a “use right” (allocation) in perpetuity as part

of iwi rights and interests in freshwater and for economic benefit to iwi and to be

given high priority, and whānau, hapū and iwi members will be involved in

managing the right.

7. Agreed that a better measurement and control of what is taken out of our the

rivers and streams is necessary and this needs be directed at a national level.

Water metering was discussed as an option.

8. Noted that the Upper Waikato River water allocation level has already been

allocated and Te Waihou River is nearing its allocation level. If water is taken

illegally, then Te Mana o Te Wai is affected and diminished.

9. Noted there has been no consideration given to iwi in regards to the current

water allocation system (first in first served). Because of the current over

allocation iwi cannot obtain rights to water use.

10. Agreed that access to water on customary owned land is an issue with new

houses and farms being developed and putting down bores. Questions were

raised as to whether iwi springs and river water were being used?

11. Discussed the idea that “water has a mana and mauri of its own and a right to be;

therefore we do not own the water”. We talk about “guardianship, allocation

(giving us access to and possible ownership of)”.

12. Noted that there are difficulties of translating the relationship with water in terms

of Western ownership were discussed. English does not sit within the cultural

understanding of the situation.

13. Agreed that having a use right is very important within this discussion. Agreed

that further discussion was required to look at what these use rights could look

like and how the use rights could be used.

14. Water as an economic commodity was discussed both in relationship to iwi, use

for Marae and commercial properties. It was noted that as farm owners and

commercial users of water iwi need to be aware of the potential impacts of the

water allocation models.

15

Freshwater ILG Regional Hui

Tauranga Moana (Classic Flyers) 9am, 12 November 2014

Karakia: Lance Waaka Mihi: Charlie Tawhiao Willie Te Aho spoke to the Freshwater ILG presentation. Discussion: 1. Building capacity and capability is critical

a. In most cases we don’t have the people who are able to hit the ground running; we need the resources to get good people in immediately;

b. We also need resourcing to transition people in to positions when there are changes.

c. This is a central government obligation to resource these arrangements. Our Iwi should not be treated any less than resourcing for the Waikato River, Te Arawa Lakes and Whanganui.

2. Iwi Leadership a. Yes – it is important that whanau and hapu uniqueness is recognised. But we

need to get our overall approach right before we go in to hapu detail. b. The 3 Iwi Chairs of Tauranga Moana need to take leadership. c. Our Iwi representatives on co management arrangements need to fight for

our rights. They need to hit the ground running and champion our issues – instead of worrying about whether or not the structure is the best.

d. If you are at the table with Councillors or other central government representatives then make the use of the opportunity that we didn’t have before.

3. We want our lands back that were taken for water catchments a. All lands taken under the Public Works Act for water facilities not used in a

catchment must be returned by Councils. b. This was covered in the Tauranga Moana Tribunal report but has not been

actioned. c. Lands taken that aren’t part of the catchment – but were still taken - should

be returned immediately. 4. Central government needs to take leadership in helping Council’s understand Iwi

issues and then make real change. a. Whanau, hapu and Iwi are generally struggling to get Council’s to understand

our issues and involve us properly in the planning and implementation. 5. Crown settlement lands and water

a. Iwi are receiving land through settlements but not the access to the water to ensure that they are productive. This needs to change otherwise it undermines the settlements and the value of the settlements.

6. Co governance and co management

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a. The model of other co governance and co management needs to be reviewed in a Tauranga Moana context.

b. The Crown wrongfully acquired Mauao. i. They knew they were wrong.

ii. The title of the historical part of Mauao was returned to Iwi. iii. The Iwi are the govenors of the title. iv. The Tauranga City Councillors then considered it a “no brainer” for

the Iwi to be the co administrators and then eventually the sole administrators like Ngai Tuhoe and the co management of Te Urewera.

c. This must be the example for the freshwater in Tauranga Moana. Return the title to the water and then see co governance, co management and resourcing in that context.

d. Otherwise we will end up with the Kaituna example where the Waitangi Tribunal actually said that the Iwi owns the Kaituna – but the Iwi are now a minority on the governance because Iwi are seen to have to justify why they should be a part of it. This model is wrong because it starts from the wrong point: where ownership is acknowledged then Iwi governance is seen as a “no brainer”.

7. We need to take a united approach to water bores, water takes and water discharge applications now. Our Iwi and hapu are acting in isolation of each other and sometimes on opposing sides as the Rena issues has shown.

8. Waimapu & Raupatu a. We own the land, we own water that comes off our land b. It needs to be clear that our ownership of water is separate to ownership of

land where Raupatu took place. We should not be penalised because we don’t own land today due to Raupatu or acts of the Crown that led to the alienation of our land.

9. Need to be clear that cultural includes economic – and the Tauranga Moana Tribunal Report is the starting point.

10. Need to revisit all Iwi management plans and strengthen them particularly in the area of water.

a. What the ILG is doing and examples like the Mataatua Declaration need to be included and become clear bottom lines.

11. If we are to have change that means something real for Iwi then this must include: a. Separate consenting authority with Iwi decision making at all levels; b. Separate water allocation with Iwi decision making at all levels; c. Metering of all water takes and discharges so we know what is actually

happening and how Te Mana o Te Wai can be given effect to; d. Consideration of a user pays regime that sees people only taking what

they actually need, with a clear commitment to Te Mana o Te Wai. The meeting closed with a karakia at 10.30am

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REGIONAL FRESHWATER HUI – TE TOKANGANUI-A-NOHO MARAE

Te Kuiti

12 November 2014

BACKGROUND

A regional freshwater hui was held at Te Tokanganui-a-noho Marae in Te Kuiti. This

regional hui was one of the last held to discuss rights, and interests, in freshwater with

Iwi, Hapuu and Whanau. An attendance register is attached.

The Iwi Advisors to the Iwi Leaders for Freshwater requested attendance to the hui, to

present and seek the following:


An overview of the next phase of the engagement in addressing an allocation to

iwi for economic development; and

Direction in relation to freshwater rights and interests, through key messages, to

be relayed to Government, by the Iwi Leaders Group for Freshwater.

KEY MESSAGES

Immediately after the presentation was provided by Iwi Advisors for Freshwater (Grant

and Julian) and a representative of the Iwi Leaders Group for Freshwater (Rahui Papa), a

presentation (attached) was reciprocated by Ngati Maniapoto. The key messages from

the Ngati Manipoto presentation and members in attendance included:

11. Ngati Maniapoto did not cede its rights to freshwater to anyone, including the

Crown;

12. Ngati Maniapoto support the approach by the Iwi Leaders Group, and Iwi Chairs

Forum to progress a determination of rights and interests in freshwater for Māori.

However, we maintain the right to hoe our own waka;

13. Ngati Maniapoto support an allocation of water for Iwi. However the use,

management and control of waters will be determined by the Iwi, Hapuu and

Marae;

14. Use of their allocation may include trading, perpetual use, leasing, storing and

whatever other use the Iwi determines is appropriate;

15. That the Crown cannot abdicate itself of its responsibilities to Iwi, and must take

responsibility for this matter;

16. Iwi do own water;

17. That we must first provide for our Awa, and that the quality of water must aspire

to be drinkable;

18. The water quality must be good enough to do all those things it used to do;

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19. Ngati Maniapoto is looking at what their rights are, and that they are akin to

ownership;

20. Be careful that when we elevate the status of Iwi in decision making etc, that our

voice is not lost. Because when the Government give something to Māori, they

generally think they need to give it to everyone else. This means our voice could

be lost;

21. We need to focus on all aspects of water, including its use and discharge;

22. Tauiwi are continuing to make applications for water, and some of these uses are

permitted. We do not like this. How will the ILG provide opportunities for us to

manage these discharges?

23. We want access to puna that were always ours, but now they are on private

lands;

24. This is not about money, its about mana and wai;

25. Stronger influence on local authorities is important;

26. This information and presentation needs to be shared further. Not just with the

Iwi, but with the land trusts and the people on the ground;

27. We want to be a part of the water allocation schedule;

28. We can begin work on capacity and capability of our people, without a drop of

water. What are we doing to prepare our people, especially Rangatahi, to get

ready for better management of water, and an allocation. Is the Iwi Leaders

Group looking at this?

29. How many of our people will be employed to better manage water?

30. We need to better share information with eachother so we can each get into

better positions.

31. Should we go to the Government and say “we want a bit of what you got” or that

“water is ours, and we are willing to give you some”?

32. The Government needs to know that we are deadly serious about this kaupapa.

ACTIONS:

2. Julian to receive dates for upcoming hui and provide a presentation to the land

trusts in attendance;

3. Julian to send minutes for distribution to attendees, with the presentation.

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POSITION PAPER: Maniapoto Freshwater Rights and Interests for Iwi Leaders Group (ILG) Regional Hui

HUI DATE: 12 November 2014

a) Maniapoto kaumātua, knowledge holders and whānau speak of their relationship

with ‘their’ waters in their rohe. Maniapoto has maintained a relationship with its

waters before and since February 1840 despite Crown actions, including Raupatu and

Crown alienation through the Native Land Courts. Prior to Crown intervention, this

relationship and right of control and use was one akin to the Pākehā concept of

ownership.

b) Principle: Te Mana o te Wai is enshrined in The Deed in Relation to Co-Governance

and Co-Management of the Waipa River. Te Mana o te Wai is “the quality and

integrity of the waters” and is paramount (1.1). “Historically, Te Mana o Te Wai was

such that it provided all manner of sustenance to Maniapoto including physical and

spiritual nourishment that has, over generations, maintained the quality and integrity

of Maniapoto marae, whānau, hapū and iwi.” (1.11) Te Mana o te Wai is a part of the

discussions with respect to the National Policy Statement on Freshwater

Management (‘NPS-FM’) and Maniapoto supports ILG seeking to raise Te Mana o te

Wai to a national compulsory objective as part of the NPS-FM’s National Objective

Framework.

c) Quality: Maniapoto seeks all waters to be of a quality that Te Mana o Te Wai is

restored so that it provides all manner of sustenance to Maniapoto including physical

and spiritual nourishment that has, over generations, maintained the quality and

integrity of Maniapoto marae, whānau, hapū and iwi.

d) Maniapoto voice: In the discussion of the quality of water (e.g. wadeable,

swimmable, drinkable) and other objectives within the Maniapoto rohe, and with the

increasing shift to community input and collaboration, it is important that the voice of

Maniapoto is not lost in the collaborative ‘community’ voice. The ILG is encouraged

to ensure that the Iwi/Māori voice is heard and given regard in setting objectives for

Water Management Units/Bodies. The relationship of Māori with water and the

Treaty relationship with all levels of government should be given effect to in setting

these objectives.

e) Management: Maniapoto seeks decision making at all levels (local, regional and

national) with respect to freshwater management within its rohe.

f) Ownership/Allocation: Maniapoto seeks exclusive control over the waters in its rohe

akin to the Pākehā concept of ownership and in this context Maniapoto supports the

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reallocation of rights in water within its rohe and a specific allocation to Iwi.

Maniapoto will determine for itself what it does with this allocation.

g) Tradeability of water allocation: Any future allocation to Maniapoto should be

perpetual and those with the allocation should have the right to trade or alienate that

allocation if they wish. BUT Maniapoto needs to ensure it has the capacity and

capability to execute the responsibility of ownership appropriately – we have many

examples of land being sold prematurely or too cheaply by those not appreciating the

consequences of their action. A way forward could be to have a stand down period to

allow for capacity and capability building to ensure that any trading and selling of

Maniapoto water allocation is done in a way that is best for mana whenua, mana wai,

me ngā uri whakatupu.

h) Tino rangatiratanga: Maniapoto reserves the right to advocate its own rights and

interests in freshwater with the Crown and through the Waitangi Tribunal and the

Supreme Court and, subject to ongoing engagement, supports the Freshwater ILG.

ATTENDANCE REGISTER

Attendance ILG/Advisors

R. Stafford Rahui Papa Waikato-Tainui

Tiwha Bell Grant Kettle Raukawa

Peter Stockman Waikato-Tainui

Lee Taituha

Rawiri Bidois

Sereena Moana

B.T. Taniora

Jenny Garman

Garry Paki-Titi

Ngahuia Herangi

Diane Stockman

Miria Te Kanawa-Tauariki

Kura Stafford

Barney Anderson

B.K. Moana

Tramaine Murray

Kataraina Hodge

Maniapoto Teddy

Hekeawai Brown

Weo Maag

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Freshwater ILG Regional Hui Te Poho o Rawiri Marae, Turanganui a Kiwa

3pm, 10 November 2014 Karakia: Rikirangi Gage Mihi: Selwyn Parata Willie Te Aho spoke to the Freshwater ILG presentation. Selwyn Parata made a presentation on behalf of Ngati Porou (Appendix 1). Matanuku Mahuika made a presentation (Appendix 2) on behalf of the Horouta Iwi Collective (Te Whanau a Apanui, Ngati Porou, Te Aitanga a Mahaki, Rongowhakaata and Ngai Tamanuhiri). Discussion: 1. In relation to the Freshwater ILG presentation, it was noted that Māori need to follow

our ture/tikanga Māori – not the Crown’s law. The Freshwater ILG presentation appears to be working from within the Crown’s law without question.

a. It was noted that: i. The Iwi presentations are couched in terms of tikanga and whakapapa.

ii. The Freshwater ILG agrees with the saying “Ma te ture, te ture e aki – Challenge the law from within the law”.

2. In response to the Ngati Porou and Horouta Iwi Collective presentations, Tui Marino noted that Te Aitanga a Hauiti want to engage as Hauiti – not through anyone else. This is with the Crown and with the Council.

3. Ngai Tamanuhiri noted their support for the Horouta Iwi Collective presentation. We cannot address these issues alone. We need to work together. The Horouta Iwi Collective is the best opportunity for us to do this – whilst maintaining the right to pursue matters individually if necessary. Support from the Turanga Iwi for Willie Te Aho was noted.

4. The Waimāori report of the Turanga Iwi was formally presented to the Freshwater ILG. It contains the views of whanau, hapu and Iwi on this issue as well as a technical assessment. It also includes the statutory acknowledgements over rivers in Turanga for Rongowhakaata and Ngai Tamanuhiri as per their respective settlements. This needs to be widely understood by councils and the Crown in the context of freshwater. These statutory acknowledgements highlight our histories and continuing connections to these water ways.

5. It was noted that the word “whanau” needs to be expressly included in the Horouta Iwi Collective presentation.

6. Te Whanau a Apanui noted that: a. Te Whanau a Apanui rights are hapu rights; b. How Apanui engage will be based on improving on the process used for the

takutai moana.

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c. Our headwaters for the motu are included in the GDC area – so we must be involved in the GDC freshwater management plan.

d. Te Whanau a Apanui will be making an approach to Ngai Tai and Whakatohea to work together with the Horouta.

e. Support for Selwyn Parata and Willie Te Aho on the Freshwater ILG. The hui was closed with a karakia at 4.25pm

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HOROUTA IWI COLLECTIVE ACCORD AND FRAMEWORK

Horouta Iwi Collective Accord 1. Horouta iwi will work together based on whanaungatanga. 2. The common purpose will be:

a. Promote, protect, maintain the mauri over the waterways within the Horouta rohe.

b. Ensure that there is recognition of the mana of the iwi/hapu of the Horouta rohe within their respective takiwa.

3. Recognition of the mana of the iwi/hapu will encompass: a. Establishing and monitoring the benefits for promoting, protecting and

maintaining the mauri of our waterways; b. Recognising the strength of the rights held by the iwi/hapu within the

Horouta rohe through: i. Participating in the management of waterways;

ii. Establishing plans and plan roles; iii. Making decisions on the grant of resource consents, including

where appropriate requiring agreement to any resource consents; iv. Allocation of entitlements to use fresh water where there is an

under supply; v. Future use of the fresh water resource to promote economic and

social development; 4. Take positive steps to improve water quality through the establishment of a

(regional) clean up fund. 5. Recognise a multi-lateral discussion is required – Central government, local

government, stakeholders, businesses, community, iwi businesses. 6. Recognise also that hapu/iwi are mutil-dimensional users of waterways;

with extant rights, duties, obligations and entitlements within a customary framework.

7. Pursue research in the following areas to articulate/underpin our position: a. Historical background re waterways b. Stocktake of waterways / water catchments within Horouta rohe c. Find information on national and international models for our unique

characteristics d. Identify our unique characteristics / issues e. Identify our common characteristics / issues and identify / champion our

iconic features. f. Remedial water quality report.

8. Develop a Horouta Framework based on our customary rights, interests, duties and entitlements that forms the basis for engagement with the Crown to:

a. Protect and maintain the mauri of the wai b. Recognise the mana of iwi / hapu (including the source of the mana as

part of the tribal / hapu estate); and

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c. Develop mechanisms for the appropriate recognition and implementation of that mana.

Horouta Iwi Collective Framework

The Horouta Framework endorses, in a Horouta specific and appropriate way, and is consistent with, the principles articulated as:

1. Te Tiriti o Waitangi te tahuhu o te kaupapa o te wai; 2. Te mana o te wai; 3. Te mana motuhake o ia wai o ia iwi/hapu ki te wai; 4. Te kaitiekitanga o nga hapu me nga iwi ki te wai; 5. Te mana whakahaere o nga hapu me nga iwi kit e wai.

Te Mana o Te Wai

a. Te Kaitiakitanga o Horouta Iwi me ona hapu ki te whenua me nga wai i roto i tona

ake rohe. b. Te Kaitiakitanga o nga hapu o Horouta Iwi i te wai c. Te mana whakahaere o nga hapu o Horouta Iwi i te wai. d. Ko te Tiriti o Waitangi te tahuhu o nga korero kei waenganui i a Horouta Iwi me te

Karauna.

Horouta Iwi Framework Toitu te mana Atua

Toitu to matou mana Whenua Toitu to matou mana Kaitiaki ki te whakaora ki te manaaki te Wai

Toitu to matou mana Tangata Toitu te Tiriti o Waitangi,

Horouta Iwi Collective

1. The Horouta Iwi Collective seek direct engagement with the Crown and local

government on our Iwi rights and interests in freshwater within our rohe. 2. These rights and interests include at least:

1. Rights of say and veto 2. Right to protect, nurture and care for Te Wai 3. Rights and access and use for all purposes that contribute to our well

being 4. Right to develop.

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A SNAPSHOT OF SOME OF THE HOROUTA IWI COLLECTIVE HUI

Te Whanau a Apanui

REPORT ON FRESHWATER ENGAGEMENT – TE WHANAU A APANUI

Te Whanau a Apanui primarily engages on freshwater, and other territorial issues, via its

mandated representatives and negotiators on Treaty and indigenous issues.

With regards to the issues of freshwater; the position of the iwi leaders group and the

development of a Horouta alliance position Te Whanau a Apanui has engaged / the

matters discussed at the following hui:

Type of meeting Key attendances /

facilitators

Date Venue Number

attending

Negotiators

meeting

Rikirangi Gage/Dayle

Takitimu and advisors

14/08/2014 Telecon 5

Horouta meeting Rikirangi Gage/Dayle

Takitimu in attendance

with representatives from

Ngati Porou, Te Aitanga a

Mahaki, Tamanuhiri,

Rongowhakaata

10/09/2014 Gisborne,

Porou Ariki

(hosted by

TRONP)

10

Te Runanga o Te

Whanau meeting

with hapu

delegates

Briefing to hapu delegates 01/11/2014 Potaka

(hosted by

TROTW)

40

Te Runanga o Te

Whanau meeting

with hapu

delegates

Briefing to hapu delegates 17/10/2014 Te Kaha

(hosted by

TROTW)

14

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Hapu delegates Briefing to hapu delegates 29/09/2014 Taitokerau,

Waiora

marae

16

Te Whanau a

Apanui ki Tamaki

hui

Briefing to hapu members 11/10/2014 Tamakimak

aurau

(hosted by

Corban

Revell)

6

Horouta meeting Rikirangi Gage/Dayle

Takitimu in attendance

with representatives from

Ngati Porou, Te Aitanga a

Mahaki, Tamanuhiri,

Rongowhakaata

20/10/2014 Gisborne,

Porou Ariki

(hosted by

TRONP)

10

Regional hui Iwi Leaders led meeting

(regional) – Apanui

delegation attend

20/10/2014 Te Poho o

Rawiri

Marae,

Gisborne

5 in Apanui

delegation

20+ in

attendance

Negotiators

meeting


Takitimu and advisors

24/10/2014 Telecon 4

Te Whanau a

Maruhaeremuri

Rikirangi Gage/Matetu

Herewini facilitating

13/11/2014 Wairuru

marae; hapu

in

attendance

8

Negotiators

meeting


Takitimu

18/11/2014 Telecon 2

In addition Apanui representatives have perused documentation from the iwi leaders group

established for Freshwater, articulated an Apanui position in relation to freshwater within

the national iwi leadership group and within the Horouta alliance, developed a briefing

paper for hapu delegates to empower them to brief hapu meetings, developed a fact sheet

for iwi members, refereed social media discussions and virtual e-hui on the matter,

included updates in (draft) quarterly reports and Runanga management reports, and

undertaken research in regards to water quality and allocation within the Te Whanau a

Apanui tribal territory (this data/information to form the basis of a scoping report for

freshwater within Te Whanau a Apanui to be commissioned when resourcing allows),

liaised with Ngai Tai and Te Whakatohea representatives.

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Ngati Porou

1. Responses from whānau and hapū members;

a. The hui collectively identified all the Wai (Rivers, Puna, Water-falls, springs, aquifers)

that they knew mai i Potikirua ki Whangaokena/ Te Motu o Kaiawa- Te Rohenga Tipuna 1. Their list is available to whānau and hapū members. They also recognised a number of features about our wai including;

Awa and streams acted as boundaries between Iwi i.e. Ngāti Porou and Te Whānau a Apanui and between hapū.

The names of the rivers also reflected the history of our rohe with many rivers and puna named to mark the significance of various events eg; Karakatuwhero, Awatere and Ruataniwha

We had still waters, running water and falling water eg Waihirere kei Wharekahika.

b. Distinction between the authority that you could exercise over Wai on your whānau whenua, in the form of springs, aquifers and, the Wai that you had shared authority/responsibility for because it not only ran through your whenua , it also ran through other whānau whenua eg ‘hapū rivers/streams such as Oweka, Wharekahika, Nukutaurua, Karakatuwhero, Awatere and the Maraehara.

c. Hui participants were very clear that the notion of collective authority/responsibility was a key principle for them in relation to Wai Māori.

d. Description of the Wai Māori and their relationship with the Wai Māori; The wai

is a source of life, of sustenance, it is a taonga tuku iho, it provides them with identity and a sense of place and belonging, it records part of their history

e. Need to maintain the equilibrium within our eco-systems and water is critical to

maintaining the balance, we are already seeing the result of practices (forestry and farming) that have had a major detrimental impact on our waterways and the consequences of this ‘thoughtless action’ may take centuries to correct itself.

2. Description of Rights, Interests and Responsibility for Wai Maori;

Their rights and interests are established through their whakapapa mai I Ranginui me Papatuanuku, me o rātau tipuna, who have occupied these lands since Maui fished up the North Island, they are the Mana whenua, the Ahi Ka of these lands and that has always been the case. They are active kaitiaki and that means that they are not just guardians, they are also eco-warriors and developers using the power of the Wai to provide all forms of sustenance for the people, the land and the Taiao.

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They believe access to water is a basic human right and that that is established in law, whereby “a person has a right to walk across your land to gain access to water to drink, if he/she is thirsty”??? We need to re-educate ourselves about the tikanga and the disciplines that our matua and tipuna used when relating to the Wai Māori, including being very efficient in their use of the water, being mindful of any impact that a change in the use of storage of water might have on the supply and quality of the work that is available to the collective, wider whānau/ hapū. We need to stop our whānau as much as outsiders from polluting our waterways with the careless dumping of rubbish (industrial and household waste). What ability will we have through this process to?

Have a say in the use of water for activities such as fracking?

Have a say in the extraction of the gravel out of our rivers and who has current rights to authorise the access to and extraction of the gravel in our rivers currently- given somebody must be receiving some commercial benefit.

3. Ngāti Porou and Te Whānau a Apanui unique position: We are; the overwhelmingly largest, significant group of people living within our own rohe, we own most of the whenua , we are the major investors in industry and the local economy and rate payers in our own rohe and therefore; we assert that we should have;

i. A key role in decision-making in relation to the Wai Māori in our rohe ii. A key role in planning and management of the Wai Māori in our rohe

iii. Our customary rights and interests, recognised, respected and accommodated for

iv. A right of Veto, based on our assertion of our primary role and responsibility as the mana Whenua, Kaitiaki and the Tiriti o Waitangi Partner with the Crown

b. We need to start preparing ourselves to exercise and assert our mana Whakahaere over the Wai Māori and therefore we need to start organising ourselves first at all levels, whānau, hapū and iwi. We should establish a set of principles/guidelines that would ensure consistent practice across the rohe, with an appreciation that each whānau might have their own way/tikanga of implementing these guidelines.

c. Key principle: On your land you have all the say/ mana over the whenua and the Wai Māori; on hapū land you have part of a say/ mana over the whenua and Wai Māori.

4. Summary of Whānau and Hapū views to be submitted; We have a Right of Say and Veto over the Wai We have a Right to Protect, Nurture and Care for the Wai, a Right of Access and Use for all purposes that contribute to our wellbeing and a Right to Develop

2. Responses from whānau and hapū members;

a. Freshwater is akin to the arteries in your body, it provides the life essence to feed the

whenua, which we belong to. He does not like the use and or adoption of pākehā

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terms to describe our relationship with either the whenua or the wai- OWNERSHIP is an alien concept that does not come even close to describe the personal and intimate relationship that we have with the whenua and the wai.

Awa are the arteries that enable the water to flow to where the water needs to get,

Creeks are like the capillaries that are essential for the wellbeing of the whenua i.e. to provide sustenance, energy, life, relief, growth, healing properties etc.

And if someone takes your arteries your body is doomed and you die.

b. The hui collectively identified all the Wai (Rivers, Puna, Water-falls, springs, aquifers)

that they knew mai i Whangaokena ki Waiapu -Te Rohenga Tipuna 2. Their list is available to whānau and hapū members. They also recognised a number of features about our wai including;

Awa and streams acted as boundaries between ngā hapū o Ngāti Porou i.e. the Maraehara River acts as a boundary between Te Whānau o Tuwhakairiora and Te Whānau a Hinerupe

The names of the rivers also reflected the history of our rohe with many rivers and puna named to mark the significance of various events eg; Maraehara, Te Puna o Huturangi, Poroporo, Waikaka etc

c. We need to teach our tamariki and mokopuna. We all have responsibility to tuku

ngā kōrero tuku iho ki a rātau. We also have an opportunity because of the nature of our kura and schools whereby 95% of the students and teachers are Ngāti Porou to encourage the kura and schools to use specific local examples when they are teaching students about environmental studies, history, geography, science , study our wai and features of the natural environment that they live in.

d. Most of the people living in Tikitiki and Rangitukia are on tank supply, i.e. rain water that they catch in their roof spouting’s and store in tanks, and apparently it is not permissible for people to be dependent on rain water collected in spoutings as the main source of their drinking water according to GDC regulations. However the GDC has not invested in any alternative water supply system for this part of the coast, in fact most parts of the Coast. In the past we (3 whānau) in close proximity to one another shared or had access to a shared puna, which we all used to draw our drinking water from and we had another puna for drawing water for our animals and/or our crops etc. However a number of these puna and/or streams have dried up, because we were not diligent in the ‘old ways’ of maintaining these puna and/or other land use practices have impacted on the flow of the water,

e. The Waiapu River is probably the most graphic example of the poor state of our Wai aka waterways. The Waiapu has global notoriety because it is the most heavily sedimented river in the world, as a consequence of 3 -4 major land development/use/management practices that occurred over the past 100 years, the first was the clear felling and burn off of all the native trees and bush,

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forestry, Cyclone Bola and the lack of investment by the Local Authority. The restoration of the Waiapu to its former glory is going to take at least 100, years and is going to require a concerted effort by all, Ngāti Porou, GDC, Central Government, Landowners and Industry developers not to mention ourselves as eco-teachers and students. To fix the waiapu you need to go to the source/ the headwaters of the Tapuaeroa and Raparapaririki.

f. We as the Kaitiaki of the whenua and wai have always understood the natural flows of the waters and we have tried to share this information with the GDC and local roading contractors, so that they understand the vulnerability of some parts of the whenua to erosion and therefore, their inappropriateness for new roads. However, the GDC would rather listen to the Geologist who has a degree but know local knowledge.

g. Ngāti Porou should be making joint decisions with the GDC re the issuing of

Resource Consents for forestry and other commercial land-intensive activities on the Coast, so that we can include our bottom-lines as part of the approval criteria, eg if you are planting you need to plant a set distance from streams/waterways to the let the streams breath and protect the natural flora and fauna from the debris of the forests.

h. A few concerns about the unencumbered decision-making rights of the GDC despite the fact that they provide very little in the way of community/civic facilities and utilities for NP Communities, we need to be working to limit their unfettered assertion of their authority and push to have shared governance and management arrangements for the Wai.

i. We need to have a range of environmental projects that our tamariki and mokopuna can participate in alongside their matua and tipuna, because that is the best way to educate them. Projects such as the Tuatara Restoration project, Project Crimson planting all the Pohutukawa along the coast etc.

Description of Rights, Interests and Responsibility for Wai Maori;

a. We are the Mana Whenua and we are the Kaitiaki. b. Ko te Mana o te Wai - Kia ora te Wai kia ora te tangata c. Whakaora te wai, whakaora i ngā tangata d. We need to reaffirm our Kaitiakitanga for the Wai. A concern expressed is that

the term Kaitiaki is now too easily /commonly used and not very well understood e. Rights and interests established through whakapapa mai i Ranginui me

Papatuanuku, me nga tipuna mai i Maui ki a Paikea, Whatonga, Huturangi, Porourangi, Hamoterangi etc

f. We have Mana whenua, we are the Ahi Ka g. What ability will we have through this process to or has the Kawanatanga got all

the say? Are they genuinely interested in our views on rights and interests in Wai and our relationship with the Wai?

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They appreciate that Ngāti Porou and Te Whānau a Apanui unique position: in terms of being the overwhelmingly largest group of people living in our rohe, ownership and retention of our ancestral whenua , major investors in industry and the local economy and the single largest group of rate payers in our own rohe and therefore; we assert that we should have;

a. A key role in decision-making in relation to the Wai Māori in our rohe b. A key role in planning and management of the Wai Māori in our rohe c. Our customary rights and interests, recognised, respected and

accommodated for d. A right of Veto, based on our assertion of our primary role and

responsibility as the mana Whenua, Kaitiaki and the Tiriti o Waitangi Partner with the Crown

5. Summary of Whānau and Hapū views to be submitted;

We have a Right of Say and Veto over the Wai We have a Right to Protect, Nurture and Care for the Wai, We have a Right of Access and Use for all purposes that contribute to our wellbeing and We have a Right to Develop

Turanga Iwi

1. Key Points Made by Hui Participants: a. Ihipera Whakataka, Principal at Te Kura Kaupapa o Whatatutu explained that

the kura had already prepared a paper and spoken to the Gisborne District Council about Waimāori concerns. Ihipera asked if the group presenting could return to the Kura at a time to be arranged and further discuss these issues. She felt that there had not been enough notice given for today’s hui. She said “How do we monitor our rivers when there is no communication with us?”

b. One kuia said “He nui tenei korero” c. Poua talked about the moteatea Matua Brown had composed which the kids

from the kura had sung after his mihimihi. It personifies the relationship that the people of Whatatutu and Mangatu have with their environment.

d. It was noted that Te Kura o Whatatutu is an ‘environ school’ e. Important water bodies were noted – Mangatu, Waipaoa, various puna,

Taihamiti f. In days of old torrentfish, whitebait and blind eel were caught as kai from

Taihamiti g. People were concerned about the dead animals dumped in the Mangatu

River and the impact this was having on water quality especially with it being used for drinking purposes.

h. Education is needed for people to understand what the impact is of dumping animals and rubbish in waters as well as the appropriate way to dispose of sewage

i. Good domestic water schemes are important – it is a problem here

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j. A concern was expressed that water can sometimes be brown in a bath and the water will taste funny – is this right?

k. It is difficult to distinguish korero about Waimāori from all other korero about waste water etc. – because for Maori it’s all inter-related and connected

l. UV monitoring of rain water is important m. Sometimes there is a buildup of lime in hot water cylinders and this is a

concern – what does that mean and what can people do about it? Clarification is needed on this

n. Integrating land and water use is fundamental to better understanding the issue is fundamental

o. Some prioritizing needs to happen as everything is connected p. Maori are more knowledgeable – we know what is right for ourselves, for the

environment. Western science is just catching up with us.

q. Poua Puia felt that Iwi should empower communities to undertake the testing of their waters themselves with testing kits. He referred to a testing kit that they had out at Mangatu a few years back. He felt that doing this allows people to see for themselves what the nganara are in their waters and know with certainty whether it’s OK to drink the water or not and have a sense of control over what’s happening around them.

2. Key Points Made by Hui Participants: a. Hugh Lynn asked what peoples perspectives were of mauri and its meaning. b. Water is alive, it has a memory and it has feelings c. Whānau have been working on strategic plan for the Domain for quite some

time now (about a year). The Waihirere Eco Warriors were formed as a result of this mahi.

d. Relationships are important. e. Taahua Pihema delivered a power point presentation on behalf of the

Waihirere Eco Warriors outlining their perspective on mauri. The group will be convening to discuss how they would like to feed into this series of consultation hui. They intend to follow up with Robyn.

3. Key Points Made by Hui Participants: a. It is not an acceptable practice to put shit in the sea b. Concerns were expressed about the paru going into Te Karaka from the

sewage treatment ponds which then feed into the river. It’s where our people used to swim, it’s where we used to get our eels.

c. The water is taken out of the Waipaoa River and its treated and then put into our main water lines

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d. A concern was expressed about understanding whether or not tank water is ok to drink – one person said that she wonders if she should get filters installed for her parents to have better quality of water to drink

e. You must have the expertise and must be able to say what’s important to you.

f. One young person at the hui said “Why bother, it doesn’t matter what I have to say”…to which there was quite a discussion about rangatahi being informed to know the ways in which they can have influence and have their views captured – i.e., through this consultation hui and providing answers to the questions that were posed in the presentation. Those present were encouraged to stand up and have a voice on what’s happening.

4. Key Points Made by Hui Participants: a. H20 water is made from one part oxygen and two part hydrogen molecules

but no one knows what makes it water. We need to reignite our kaitiakitanga. We need a bottom up approach which should always start with hapu/whānau doing it for themselves on the awa. Rivers UNITE and connect us – it is our way of coming together. Mara → House →Awa. Water is GOLD “blue gold”.

b. No one is swimming in the rivers – in the past river banks were kept clean. c. People want to know more about drinking and washing water and whether

these in the future will translate into having to have water meters where we pay for water.

d. We are worries about our pataka kai. The Waikanae historically was always very important to us. That’s why every year I go there with the greenies to help clean it up. That’s where we used to get mullet and kahawai.

e. In the Te Arai we used to get inanga. There used to be kumara beds beside the Te Arai and we were always swimming in it.

f. It’s a fundamental human right to have water. Drinking water which helps produce our kai is a life line. It’s part of our Treaty rights.

g. We need to better track and monitor water take from our rivers through the permit system so we know what organisations like Leaderbrand etc are accessing. The Te Arai is “fully allocated” and the needs and purposes of the Poverty Bay Flats are always met.

h. Questions were raised about who has control of the water permitting system i. Stan Pardoe mentioned that Wi Pere Trust are taking active steps to install

water tanks so that they have water reserves in the heat of summer. They are investing in this why can’t other businesses do this to prevent a drain on our rivers?

j. The state of our rivers is a bit indicative of the relationship we have with our waters – they have become diluted. We lived from the Hangaroa and all around but now we don’t know anything about how these rivers are faring other than what we see visibly. The state of the Waikanae is an example.

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k. By way of a solution these hui are an opportunity to bed down our tikanga to our rivers, that’s our bottom line.

l. We have a whakapapa to the wai, it connects us and the head waters connect us to other tribal rohe around us. When we were born we went to the Hangaroa to be blessed it was a connection on our mum’s side. At Matawai we went eeling at midnight as kids.

m. As kaitiaki what does that mean for us? We need to keep on top of GDC and monitor them in the role they play.

n. Our statements of association in our Treaty Settlement set out the relationships we have to our waters and we need to build on this knowledge base.

o. We have customary fishing rights ‘mai ra noa’ to our awa. p. There are many interests to be reconciled – land ultilization, sustainability,

contiguous water rights to land. q. We need to educate ourselves about what we can do for ourselves. We also

need advocacy and research as well as learning more about our stories, our whānau and our connections to our waters

r. There is a Maori science to what we do – rahui etc s. The Waikato has controlled practices why can’t we? t. No one is swimming in our rivers – in the past river banks were kept clean u. Ngapaki Moetara and Raiha Moetara were invited to talk about the hui that

they held recently at Ohako Marae “Te Whakaata o Rongo”.

5. Key Points Made by Hui Participants: a. Allan West expressed concerns about the (forced?) sale of Pamoa Station

which to some has negatively impacted on Tamanuhiri’s relationship and connection with waters there. It’s a grievance of our past and needs reviewing. To some people, it was taken under duress.

b. There was discussion about the ability for whānau in Muriwai to access a readily available and free water source during the summer months. Something that Horiwia Bradbrook had raised often with the Gisborne District Council. The cost of buying water at $200-$300 per load is cost prohibitive. There was discussion about the ability of the Ngati Tamanuhiri Trust to subsidise the cost of water.

c. Lester Pohatu spoke about the Ministry of Health water project investigation that was undertaken which identified a range of options. For this project 85% of the cost is Ministry of Health covered and the remaining 15% is covered by the local community. People asked to see this feasibility report as it was understood that the community would need to select a water bore source.

d. Cedenco and Leaderbrand and other businesses who draw and extract water from our rivers need to be held to account for causing water depletion issues. The permitting process needs to be transparent and open.

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e. In Tarakihinui river behind Rangiwaho Marae we used to be able to get four types of eel and pipis (black and white). We also used to be able to get fresh water oysters at Te Wherowhero. At Murphy’s Bridge there was a hot water pool – not sure if it is still there. We used to be able to eel all our rivers. This was our last right to resources. Sadly, our kids don’t go eeling anymore – because the eels aren’t there. We used to be able to get edible water cress, freshwater fowl and freshwater koura.

f. In the old days the puna at Waiari was used to pump water for families. Pumping water may be the future option to supply water for whānau.

g. A question was asked about whether it is still permissible to have long drop toilets in Muriwai during summer to aid with saving water. Mangu Kemp said that long drops are allowed provided they are sited so many metres from gardens.

h. Daiana Kemp asked about aerial spraying and top dressing and whether there is any impact of this activity on the water supply of homes in Muriwai. Apparently there is an Opus Report that discusses this which the Muriwai Community would like to see.

i. People spoke of a previous water supply that whānau accessed where water was pumped from a shed along Maraetaha opposite the urupa.

j. Lester Pohatu spoke of his relationship to the Wairakaia where he grew up gathering kai, swimming etc. It was a hideaway and serviced the farming community.

k. Owning water is a national issue. Parekura Brown agreed that Maori own our waters but said that we need to be able to confidently assert this with a supporting framework in place, possibly legislative which can ensure our access to water, including in places where we do not own the contiguous lands. Does the legal position of the Queens Chain provide us with that right? We need to have good relationships with farmers in our communities but when push comes to shove, will they accept Maori ownership of waimāori?

l. We need to be clear about understanding the location of all of our water sources. There is a whakapapa to all of these and a hitori. These waters then go out to the sea.

m. Tamanuhiri are people of the sea and all waters that go out to the sea impact on this relationship. The quality of waimāori affects the quality of the moana. We have custodial and ownership responsibilities being Iwi. What’s good for Maori is good for everybody because we are invested intergenerationally in our lands and waters. We have a vested interest to preserve and sustain resources for the future, for our tamariki. This is good for economic development of the region because we will ensure good stewardship and kaitiekitanga.

n. Allan West asked about the purpose of the drainage canal that was put in by the Council at the beach – it allows salt intrusion.

o. We must maintain our relationship – mana whenua, mana moana me kii mana waimāori.

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p. A question was asked about the state of the Hinenui spring on Pakowhai (on Barry Teutenberg’s land). This was a free flowing water source that went out into the Te Wherowhero waterways.

q. A stocktake is needed of all of our water sources. We need to identify them as a people and then we need to better understand the state they are in so we can advocate for their continued life and sustainability. Interventions need to be developed at various levels, on a whānau, hapu and Iwi basis so we maintain our connection and ties to these very important resources. We must dig back into our historical records and share our knowledge and keep ourselves safe. Example – the Maraetaha River research.

r. I nga ra o mua we used to be able (as a yearly event) to be able to walk the headwaters – we must maintain this as a practice with our kids.

s. Johnny Pohatu spoke about being baptized by Nanny Martin Pohatu at Morere.

t. We need to continue to go to the places we always used to go to like camping at Murphy’s Beach and preserving our right of access.

u. Education and advocacy is very much needed. v. We need to get our pipis and cockles independently tested. Council

apparently test these but if it is anything like the testing at Paokahu how can Iwi feel confident that their testing practices are accurate?

w. Three men died from work related injuries at Paokahu where there was massive dumping of leachate and chemicals into the waterways. This was never properly investigated (no Health and Safety procedures in place then).

x. It’s about preserving the environment for our future. It’s about getting true readings of the state and quality of our waimāori. We need to stand up and say enough is enough.

y. Waimāori is for healing. It was mentioned that the ‘healing triangle’ is from Mihimarino – Te Kowhai – Te Kuri – me maumahara tatou ki tenei.

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Outline of Horouta Iwi Collective Presentation to IAG

“Horouta Waitai, Waimaori, Waitapu”

A presentation from the Horouta Iwi Collective (Ngai Tamanuhiri,

Rongowhakaata, Te Aitanga a Mahaki, Ngati Porou and

Te Whanau a Apanui)

Te Poho o Rawiri Marae, 10 November 2014

HOROUTA ACCORD MO TE WAIMAORI

“Horouta Waitai, Waimaori, Waitapu”

1. Horouta iwi will work together based on whanaungatanga.

2. The common purpose will be:

1. Promote, protect, maintain the mauri over the waterways within the Horouta

rohe.

2. Ensure that there is recognition of the mana of the iwi/hapu of the Horouta rohe

within their respective takiwa.

3. Recognition of the mana of the iwi/hapu will encompass:

1. Establishing and monitoring the benefits for promoting, protecting and

maintaining the mauri of our waterways;

2. Recognising the strength of the rights held by the iwi/hapu within the

Horouta rohe through:

1. Participating in the management of waterways;

2. Establishing plans and plan roles;

3. Making decisions on the grant of resource consents, including

where appropriate requiring agreement to any resource consents;

4. Allocation of entitlements to use fresh water where there is an under

supply;

5. Future use of the fresh water resource to promote economic and

social development;

4. Take positive steps to improve water quality through the establishment of a

(regional) clean up fund.

5. Recognise a multi-lateral discussion is required – Central government, local

government, stakeholders, businesses, community, iwi businesses.

6. Recognise also that hapu/iwi are mutil-dimensional users of waterways; with

extant rights, duties, obligations and entitlements within a customary framework.

7. Pursue research in the following areas to articulate / underpin our position:

1. Historical background re waterways

2. Stocktake of waterways / water catchments within Horouta rohe

3. Find information on national and international models for our unique

characteristics

4. Identify our unique characteristics / issues

5. Identify our common characteristics / issues and identify / champion our

iconic features

6. Remedial water quality report .

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8. Develop a Horouta Framework based on our customary rights, interests, duties and

entitlements that forms the basis for engagement with the Crown to

1. Protect and maintain the mauri of the wai

2. Recognise the mana of iwi / hapu (including the source of the mana as part

of the tribal / hapu estate)

3. Develop mechanisms for the appropriate recognition and implementation of

that mana.

9. The Horouta Framework endorses, in a Horouta specific and appropriate way, and

is consistent with, the principles articulated as:

1. Te Tiriti o Waitangi te tahuhu o te kaupapa o te wai;

2. Te mana o te wai;

3. Te mana motuhake o ia wai o ia iwi/hapu ki te wai;

4. Te kaitiekitanga o nga hapu me nga iwi ki te wai;

5. Te mana whakahaere o nga hapu me nga iwi ki te wai.

Te Mana o Te Wai

• Te Mana o Te Wai

• Te Kaitiakitanga o Horouta Iwi me ona hapu ki te whenua me nga wai i roto i tona

ake rohe.

• Te Kaitiakitanga o nga hapu o Horouta Iwi i te wai

• Te mana whakahaere o nga hapu o Horouta i te wai.

• Ko te Tiriti o Waitangi te tahuhu o nga korero kei waenganui i a Horouta Iwi me te

Karauna.

Horouta Iwi Framework

Toitu te mana Atua

Toitu to matou mana Whenua

Toitu to matou mana Kaitiaki ki te whakaora ki te manaaki te Wai

Toitu to matou mana Tangata

Toitu te Tiriti o Waitangi,

Horouta Iwi Collective

1. The Horouta Iwi Collective seek direct engagement with the Crown and local

government on our Iwi rights and interests in freshwater within our rohe.

2. These rights and interests include at least:

1. Rights of say and veto

2. Right to protect, nurture and care for Te Wai

3. Rights and access and use for all purposes that contribute to our well being

4. Right to develop.

report to the iwi advisory group from the freshwater iwi...

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