TRANSCRIPT OF PROCEEDINGS BOARD OF INQUIRY. New Zealand King Salmon Proposal

Transcription

1 31 Leslie Hills Drive, Riccarton, Christchurch ph. (03) ; fax: (03) e: w: TRANSCRIPT OF PROCEEDINGS BOARD OF INQUIRY New Zealand King Salmon Proposal HEARING at WAIKAWA MARAE on 3 OCTOBER 12 BOARD OF INQUIRY: Judge Gordon Whiting (Chairperson) Environment Commissioner Helen Beaumont (Board Member) Mr Mark Farnsworth (Board Member) Mr Edward Ellison (Board Member) Mr Michael Briggs (Board Member)

2 Page 292 APPEARANCES FOR THE PURPOSES OF CROSS-EXAMINATION 1 MR D. NOLAN, MR J. GARDNER-HOPKINS, MR J. MARRINER and MS R. BALASINGAM for New Zealand King Salmon MR P. BEVERLEY and MR D. ALLEN to assist the Board MS K. MULLER, MS E. JAMIESON and MS S. BRADLEY for the Minister of Conservation MR W. HEAL for Sustain Our Sounds, Friends of Nelson Haven and Tasman Bay and Nelson Underwater Club MR S. QUINN and MR B. LUPTON for the Marlborough District Council MS B. TREE for the Environmental Defence Society MR J. IRONSIDE for the Pelorus Wildlife Sanctuaries, J&R Buchanan, H Elkington and whānau MR M. HARDY-JONES for Mr and Mrs Halstead MS S. GREY for Pelorus Boating Club and others MR CADDIE for the Kenepuru and Central Sounds Residents Association MR C. SODERBERG MR B. PLAISIER for Tui Nature Reserve Wildlife Park and Wildlife Trust MR F. HIPPOLITE for Ngati Koata Trust Board MS W. McGUINNESS for McGuinness Institute 3 MR S. BROWNING MR D. BOULTON for Sustain our Sounds and Danny & Lyn Boulton and family MR J. BRABANT for Yachting New Zealand and Waikawa Boating Club MR J. WINCHESTER for Interislander (Kiwi Rail) Limited 4 MS J. HADLEY for East Bay Conservation Society MS K. ERTEL for Te Atiawa ki Manawhenua Te Tau Ihu Trust MR T. BENNION for Tauhuaroa-Watson Whanau 0 Blenheim

3 Page 293 LIST OF WITNESSES 1 <GLENICE PAINE, sworn [12.34 pm] <THE WITNESS WITHDREW [12.43 pm] <HARRY LOVE, sworn [2.07 pm] <THE WITNESS WITHDREW [2.19 pm] <TREVOR TAHUAROA-WATSON, sworn [3.11 pm] <EXAMINATION BY MR BENNION [3.12 pm] <THE WITNESS WITHDREW [3.28 pm]... <MAUI JOHN MITCHELL, sworn [3.9 pm] <HILLARY ANNE MITCHELL, sworn <EXAMINATION BY MR BENNION [3.9 pm] <THE WITNESSES WITHDREW [4.0 pm] <LAURA BOWDLER, sworn [4.06 pm] <EXAMINATION BY MR BENNION [4.22 pm] <THE WITNESS WITHDREW [4.26 pm] <ARTHUR HUNTLEY, sworn [4.27 pm] <THE WITNESS WITHDREW [4.36 pm] <JOHN NORTON, affirmed [4.37 pm] <EXAMINATION BY MR BENNION [4.37 pm] <THE WITNESS WITHDREW [4.3 pm]... 4 <BOSUN HUNTLEY, sworn [4.4 pm]... 4 <THE WITNESS WITHDREW [4. pm]... 4 Blenheim

4 Page 294 [9.08 AM-9.41 AM POWHIRI] [.32 am] 1 JUDGE WHITING: Ka tangi te titi, ka tangi te kaka, ka tangi hou ki a hou, tihei mauri ora, tena koutou katoa. Ko te mea tuatahi me whakawhetai me whakamoemiti ki to tatou kaihanga. Ka huri ki nga matou me nga tini aitua, haere, haere, haere hoki atu ra. Ka hoki mai kia tatou nga kanohi ora, i nga rau rangatira ma, e nga mana, e nga reo, e nga iwi o te motu, nau mai, haere mai, hoki mai, ki Porari Whakatau, no reira, tena koutou, tena koutou, tena tatou katoa. The shearwater cries, the parrot cries, as so do I. Greetings everyone. First, acknowledgements and prayers to the great creator, to the losses that we bear, farewell, farewell. To the living, to those gathered here, or gust gentlemen, grand dames, to the various voices in the people of the land, welcome, welcome. I will now ask for the karakia. KARAKIA Symbolic ritual by the tohunga, opening our forum. Giving the genealogy of the creation story from the several nights, carrying on through the stages of the nights. Honour and glory to the Lord, and peace on earth, and goodwill to all people forever and ever, oh Lord, whom I cling to, my support. May peace prevail upon us this day. [.3 am] 3 4 JUDGE WHITING: Now, I think to start proceedings we have five people for the Waikawa Marae who are going to speak and I think the first one is Tina Looms. MS LOOMS: Ka nui te mihi kia koutou, nga mema o te Poari. Warmest greeting to the members of the Board. Evidence composed by Rita Powick, Chairperson of Waikawa Marae Trustees and presented by Tina Looms and Bev Maata-Hart supported by the majority of the Management Komiti of Waikawa Marae and other Te Atiawa. Blenheim

5 Page Ko Piripiri te maunga, ko Waitohi te awa, ko Waikawa te marae, ko Te Atiawa te iwi. He uri tenei o Te Atiawa no Waikawa. Ko Rita Powick taku ingoa, tena ra koutou katoa. Piripiri is the mountain, Waitohi is the river, Waikawa is the marae, Te Atiawa are the people, I am a descendent of Te Atiawa of Waikawa. My name is Rita Powick. Greetings. I am Te Atiawa descendant of Waikawa and my name is Rita Powick, greetings to us all. I am a member of Te Atiawa s Resource Management Committee and have been involved in supporting iwi in this direction for several years. The evidence will outline the significant role and responsibility that Waikawa Marae has as a repository of cultural knowledge and iwi identity with associated ancestral responsibility and intergenerational obligation to safeguard and protect all that is intrinsically inherent to us. This evidence will outline these roles and responsibilities in terms of their direct relevance to the New Zealand King Salmon proposal. This evidence is submitted in conjunction to that presented by Alan Riwaka. Together these are submitted in objection to the New Zealand King Salmon proposal and are in support of other such Te Atiawa whānau, hapu, iwi evidence of objection. Marae are the heartbeat of Māori society affirming whānau, hapu and iwi identity, validating Māori knowledge and confirming cultural practices, relating history as lessons to strengthen, inform and guide current and future generations, enabling Māori to experience the world as Māori. Waikawa Marae is a strong example of the above, it is rich in representations that substantiate an impressive marine history. Our wharenui, Arapawa portrays tipuna who were and who begot are strong seafaring and fisher people. Taonga, highlighting great traditions abound on Waikawa Marae from the mighty Kupe who pursued the wheke across the great ocean currents. Our ancestral Heke migration that led the waka here from the north. [. am] The feats of our whaling forefathers and our navigational expertise and the representations of mataitai, seafood, particularly revered for sustenance, for trade and for manaakitanga (hospitality). Blenheim

6 Page Stories of the surrounding landscape add a further dimension to confirming identity as they weave together whakapapa links, reinforce tribal connections with its environment and affirm ones turangawaewae, place of belonging. Waikawa Marae features an abundance of such stories, such as the taniwha, Te Ihu Moione who, in his search for the freedom of the ocean, searched through the Wairau thus cutting the passage to Waitohi until he ended up as the landmass that lays between Waitohi and Waikawa. Another is that of Ngawhatukaipono, the Brothers Islands, which stand as a testament to Kupe s slaying of Te Wheke-a-Muturangi and placement of his eyes as sentries to the passageway of entry to Totaranui (Tory Channel). Thus Waikawa Marae and its people are much more than a mere physical fixture in our rohe, with the ancestral connection spiritual association, social relationship and cultural affinity that exist between us in the surrounding land and sea we are a vital part in the very fabric of the landscape of this rohe. A marae is also a place for non-māori in the desire to endorse the rich bicultural fabric of Aotearoa. Waikawa Marae is indeed a prime example of all of this as illustrated within the marae s whakatauki that takes pride of place over the took, Tomokanga, mau moku mo nga iwi katoa, for you, for me, for all people, and, as expressed in the marae s desire, that all presenters who wish to give evidence on the King Salmon hearings at the marae could do so. A marae has responsibilities including those of tikanga observed to enable society to function, kaitiakitanga, participation, guardianship, protection and of manaakitanga, care, consideration, hospitality. The challenge is always how marae uphold such responsibilities within the world we strive to see and be part of. The plan change proposed by the applicant fails to recognise and acknowledge both the marae as a pivotal part of the landscape and, more importantly, our people as fundamental participants and protectors of our place. Tikanga is intrinsic to marae, necessary to support the interrelationships of its people and essential to assist in interactions with others. Without tikanga the physical, cultural, social and spiritual norms that we live by marae and society would be chaotic. Tikanga is about upholding the expression of principles and standards that are important to Māori society. Tikanga is the manifestation of rangatiratanga, iwi authority and self-management that leads marae. For marae to be true to itself and its people and carry such manifestation into wider society is always the challenge. Such a challenge is the deliberation around the marine environment. As the iwi marae in this region, Waikawa Marae strongly upholds Blenheim

7 Page Te Atiawa as mana whenua, mana moana within the Queen Charlotte Sound, an aspect verified also within the Te Tau Ihu Waitangi Tribunal Report. In the aim to progress as a people we are charged with working alongside bodies such as the regional authority in the development of plans and procedures for our rohe. Such developments are not easy, always requiring us to articulate who we are and how we tick in a way that can be understood by others. The Marlborough Sounds Resource Management Plan and Regional Policy Statement contain clear statements and guidance about how tangata whenua will be recognised and provided for. To date this has not adequately taken into account legislative to all consult of requirements and obligations to Te Atiawa as kaitiaki of Totaranui, Queen Charlotte Sound. The development alongside the Marlborough District Council of the Marlborough Sounds Resource Management Plan has seen decisions made in consideration of the marine environment. While such decisions do not give what we believe to be rightful expressions of our rangatiratanga there is an acknowledgement of these current decisions along with the expectation that this acknowledgement will certainly be provided for in the near future. In the interim Waikawa Marae rightfully expects acknowledgement of such decisions to be adhered to by all others within the community. New Zealand King Salmon s plan change request is contrary to this adherence. As such the plan change proposal is an affront to iwi, hapu, whānau and marae. It is ignorant of the physical, cultural, social and spiritual norms that we live by and is in conflict with our expression of iwi authority and self-management. [.4 am] 3 Kaitiakitaunga is the exercise of participation, guardianship and protection within the world we live. It charges the collective with the responsibility and accountability, not only for the situation we currently, but more importantly to ensure that what is handed on to future generations is in a better state. MS MAATA-HART: Kia ora tatou. Ko Bev Maata-Hart. My name is Beth Maata-Hart. 4 Kurateau is our food basket. From here comes the kai moana that our marae is renowned for, locally, regionally, nationally and Blenheim

8 Page 298 internationally. This will be further expanded upon with information that other whānau members will present to this hearing It is not only the provision of kai moana for sustenance that we jealously regard, with this comes a whole matauranga (a knowledge base) of iwi perspective, traditional information, cultural expertise and customary practice. Waikawa Marae is a vital player in the strengthening of iwi tikanga by protecting and maintaining traditional teachings and related customary practices of iwi, a role that is not taken lightly. The marae saying, when the tide is out the table is set, is reflective of the riches that is provided from our waters. Any demise of such and the consequential loss of associated cultural knowledge are aspects that the marae struggles with. As more and more developments alter the landscape it becomes more difficult to maintain associated cultural knowledge as an intrinsic way of life. The poupou, the tukutuku, the carvings, the kowhaiwhai (the painted rafters) within Waikawa Marae s wharenui, Arapawa, are important representations of a people and a way of life as well as stories that are passed down to keep iwi identities strong. The whare talks of necessity to ensure that iwi knowledge and skills are maintained, to ensure iwi survive as iwi. The ability to relate these messages to present and future generations is one that future developments have no right to impact upon to the extent it becomes a story to tell and not one to love. We oppose any potential impact that may risk the relationship we wish to exercise within our marine environment and that may create any cultural loss for our people. The mana (prestige) of an iwi or of a marae is measured upon the ability to manaaki manuhiri, to care for visitors. It s a cultural requirement that visitors be extolled with the utmost in hospitality, including the provision of the best kai which is special and particularly to the marae and its locality. To be able to provide such cause the greatest compliment upon the iwi and elevates honour upon the marae. The significance of this and the prowess with which we carry it out is reflected within our tribal whakatauki, Ko to Te Atiawa, ko Tahuaroa Te Atiawa rich in food resources, bountiful hosts. Waikawa Marae has had the honour and presence of many individuals, groups and organisations over the years. This has included local, regional, national and international representation. Functions have included events such as family gatherings, celebrations, birthdays, weddings, graduations, wananga, craft events, language and tikanga Blenheim

9 Page classes, health and education seminars, weaving and carving classes, kaumatua gatherings, kohanga reo events, workshops and demonstrations, concerts, visits from international and national dignitaries, working bees, school visits, fishing hui, iwi meetings, government hui and many many more. At all times it has been the honour and responsibility of Waikawa Marae to extend its manaakitanga to all at such occasions. Manaakitanga is an interchange, a two-way relationship. Certainly the host expends all to show care, warmth and generosity to visitors and does so within the physical, spiritual, social and cultural norms within which it operates. However, there is also the reciprocal responsibility of the visitor to respect such hospitality and behave with the example outlaid similar to the saying, when in Rome do as the Romans. New Zealand King Salmon has breached such a relationship. It has neither sought to enquire as the manaakitanga expended by Waikawa Marae nor responded appropriately as a party entering into the marae s tribal domain. [.0 am] Conclusion. Waikawa Marae has an ancestral responsibility and intergenerational obligation to protect all that is important to us. Nowhere else is this exposed as profoundly as it is on the marae within whaikorero, karanga and waiata. With the formation of the marae, its atea, wharenui, wharekai, kaumatua flats, kohanga reo. Within its carvings, tukutuku, kowhaiwhai. Within the stories told, not as a mere history lesson but as a way of life, for information, education, cultural identity and iwi prowess to strengthen our way of life. Kurateau is the lifeline for our marae. Concerns of anything that impact upon the recognition and provision of our relationship with our ancestral lands, waters and other taonga fails to recognise the values that are important to us, including the ability to provide manaakitanga, fails to recognise our role as kaitiaki in the coastal marine area and fails to recognise and provide for our continued access to and use of traditional coastal resources are paramount reasons for our objection to the New Zealand King Salmon proposal. No reira, tena koutou katoa. JUDGE WHITING: Kia ora. Mr Alan Riwaka. MR RIWAKA: Tena koutou. He honoria kororia ki te Atua, he maungarongo ki te whenua, he whakairo pai ki nga tangata katoa, tihei mauri ora. 4 Te mihi tuatahi ki to tatou matua i te rangi, kui a te timatanga, kui a te mutunga, a kororia ki te matua, te tama, me te wairua tapu. A, tena Blenheim

10 Page 2960 koutou nga rangatira, a kei te mihi kia koutou, tena koe Eruera, council, Commissioner Briggs, tenei te mihi kia koutou Greetings. Honour and glory to the Lord, peace on earth and goodwill to all people. Firstly, acknowledgements to the great creator for the commencement and conclusion of all things glory to the father, the son and the holy spirit. Greetings to the members of the committee, greetings to you Edward Ellison, Commissioner Briggs, greetings. I stand here humbly. Ae tuwhaka i te ana, my name is Alan Riwaka. My father is William Tutearoho Riwaka and my mother is Agnes Takioramatana. My grandfather is Thomas Riwaka and my grandmother is Nancy Whanganui Watson. The tipuna from who I derive my rights and interests into Tau Ihu o Te Waka a Maui is through my tipuna, Rihari Tahuaroa who is above the doorway as you come into this wharenui, that s our tipuna. My maunga, a Taranaki and Piripiri, Raukawa are the waters that sustain our people. Waitohi is my river and Arapawa is the sacred island of our people. I belong to Puketapu hapu and my iwi is Te Atiawa, my marae is Waikawa. The tipuna of this wharenui is Tamarau Te Heketanga-a-Rangi which sits behind the tepu up here. Tamarau came down from the heavens and embraced Rongoueroa and from this came our ancestor Awanui-a- Rangi, the eponymous ancestor of the Atiawa people. Arapawa is the name of our whare, it is of great spiritual significance to us for it embodies our people, past and present, and allows us to maintain our Te Atiawa taonga, our customs and practices developed and nurtured over many generations. This is the place of discussion and debate, to celebrate, to welcome the living and to bid farewell to those who have passed on. Arapawa is our wharekarakia where we pray to God. Our whare is surrounded by our kohanga reo, our kuia and kaumatua complex, our iwi trust, Te Atiawa Mana Whenua ki Te Tau Ihu Trust, and training centre. Waikawa Marae is the hub for all things Māori in this rohe. The kawa and the whenua on which our marae complex stands is undeniably Te Atiawa. Waikawa Marae lies at the heart of Te Atiawa identity. However, this marae is for all people. As we say in our whakatauki, Mau moku mo nga iwi katoa, for you, for me and for all people. Blenheim

11 Page 2961 [. am] There are many hands, Māori and Pakeha that have helped to build our marae. But who is the evidence on behalf of? The evidence I give today is on behalf of Waikawa Marae. What is the nature of the evidence? In particular I will speak about the importance of Kurateau to our iwi and to our marae, and secondly the importance of Pokoanamahanga. The importance of Kurateau. Kurateau is important because it forms part of the customs and traditions of Te Atiawa and the land and seascape. One of our traditions is linked to the name of our wharenui, Arapawa. The name Arapawa derives its origins from the downward blow that killed the giant octopus, Te Wheke o Muturangi. According to Te Atiawa tradition, Muturangi and Kupe had quarrelled over a fishing incident and as a consequence Kupe set out from Hawaiki to kill Te Wheke. The chase stretched across the oceans between Hawaiki and Aotearoa until eventually Te Wheke was cornered and Kurateau and killed at a place called Whekenui, a short distance from Ngamahau Bay and Kurateau. Kurateau derived its name from the blood that flowed from Te Wheke. Te Wheke o Muturangi is depicted in the whakairo at the front of our whare. Two other places in Kurateau owe their origins to our great ancestor Kupe. Te Uirakarapa (The Lightening Flash) is a shiny rock in Kurateau and is said to denote the flash of the axe that killed Te Wheke o Muturangi. Te Kaka o te Toki o Kupe is a rock formation in Kurateau and is said to be the handle of Kupe s axe. Kupe also named a number of other places in Totaranui following the event concerning Te Wheke. Kurateau is also important because of Te Atiawa settlement. The principal pa sites in Kurateau (Tory Channel) were situated at Okukari and Te Awaiti. There were many smaller villages scattered along the shores of Kurateau, some of which were occupied seasonally for fishing. Te Atiawa occupied Whekenui, Te Pangu, Ngaruru, Kaihinu, Wiriwaka, Te Iro, Hitaua, Maraetai and other smaller places. There are a number of urupa along the shores of Kurateau, Okukari, Te Awaiti, Te Weuweu, Kaihinu, Mo-oi-o, Hitaua are just a few. There are also urupa and wahi tapu that are associated with pre-te Atiawa settlement Blenheim

12 Page 2962 of Totaranui for the likes of our whānaunga, ā Rangitane, Ngati Kuri ā tena koutou. 1 Archaeological surveying of Kurateau has identified numerous sites and artefacts. My brother-in-law Gary Buchanan who is now deceased knew many of these places. My relations Mike Taylor and Chris Love are also very knowledgeable about these things as well as a Pakeha man by the name of Reg Nicholl. There was a large Te Atiawa population residing in Kurateau during the period of the 18s. When Reverend Octavius Hadfield visited the Sounds throughout much of the 18s he often mentioned the 0 and more Te Atiawa that were attending his sermons at Okukari. This was the largest chapel in Kurateau although there were many others situated at Whekenui, Te Awaiti, Puhi and small places situated between Oyster Bay and Te Pangu Bay. In 186 native reserves were set aside for Te Atiawa. Seven were set up in Kurateau. They included Okukari, Whekenui, Te Awaiti, Te Pangu, Ngaruru, Te Iro and Hitaua. Much of this land is still owned by our people. One of the reasons why Te Atiawa decided to settle in the Sounds was largely connected to the fishery resources and the opportunities for trade. Colonel William Wakefield visited the Sounds in 1839 and he noted the abundance of the fishery resources within Kurateau. He also mentioned that Te Atiawa people were involved in whaling and trading fish. Our grandparents and parents continued whaling until it closed in 1964 and some Te Atiawa families continued to be involved in the fishing industry and providing for the needs of our whānau, hapu, and marae. [11.00 am] 3 4 Some of our kaumatua who were involved in the whaling industry now spend their time counting them through their binoculars as they swim past the entrance of Kurateau during their migration. Since the 1970s our people have become increasingly concerned about the sustainability of our fishing resources in Kurateau. Back then there were major concerns over the commercialisation of the kina fishery and the amount of kina being removed from Kurateau. During the 1980s, 90s massive kina catches by commercial fishers were reported and by the early 00s kina and paua stocks within Blenheim

13 Page 2963 Kurateau had plummeted to all time low. As a result commercial fishing ceased because it was no longer economic If this wasn t enough we also had the fast ferries come into the Sounds. They caused more damage in one month than any other events since Maui fished up the South Island. Divers will tell you that Kurateau has never really recovered from these events. The worse thing to have happened is the habitat was thrown above the high water mark where it was no longer available as habitat for our juvenile paua. I saw this happen with my own eyes, very large boulders tossed above the high water mark. Despite these happenings and the exposure of koiwi through erosion the Court ruled in favour of the fast ferries as a matter of national importance. It was one of the worst decisions that have ever been made in the management of our Sounds. In the end the Council came around but it was by then a case too little, too late, the damage had been done. These fast ferries have come and caused harm to Kurateau and now they have gone and left us with what is left. One of our people s responses to stock decline, fast ferries and increasing pressures from land development has been to turn Kurateau into a mataitai reserve. Before the Sealord deal was signed off in 1992, and as part of the government and iwi consultation, our people told the government officials and our Māori advocates that we wanted Kurateau turned into a mataitai reserve so it could be protected forever. We are all getting older and we still haven t got there. And I need to acknowledge Commissioner Briggs, I know that through the 90s and your time as a councillor, we had the opportunity to present to you, on many occasions, the importance of Kurateau and all of those reasons as to why we need to protect it. We are still going and we are still trying to achieve that protection that our tipuna actually set forward for us. So tena koe, Commissioner Briggs. More than years later we are still striving to achieve this aspiration. Our kaitiaki will continue that work in this area. The proposed site at Ngamahau. I am familiar with the proposed site. First of all the farm sits within Kurateau, which is the most important mahinga kai, or food basket, for our people. Secondly, Ngamahau sits within the top half of Kurateau which produces the best quality kina, rock lobster, shellfish and a range of important finfish. Blenheim

14 Page Thirdly, immediately to the north of Ngamahau is Tangi Point. I have been diving in this and other places around Kurateau for the last years. The naming of this mahinga kai is self-explanatory and it is dived only at times when there are tangihanga. When we harvest kina from this place our divers work the beds and are selective about what they take. Our practices have been taught to us by our older divers and fishers, such as John Bunt, Isaac Love and Bosun Huntly. The fact that these beds surrounding Tangi Point are still there after years is proof that our management practices have worked. It is probably also because we keep the identification of many of our mahinga kai amongst ourselves. And I must say, you know, it is difficult for us, people who have been diving in this area and looking after our marae for so many areas, to come into this sort of a forum and to actually identify these places. These are like our wahi tapu, we don t like giving them out. I guess at the end of the day we re pressured into doing it because if we say nothing then things that perhaps we don t like to see will happen. So very important for us but at the same time we don t want the world to know where we get all our kai because it could impact our marae. [11.0 am] It would be no exaggeration to say several thousand sacks have been taken from this area over the time I have dived. I have had my fair share of them on my boat. In 00 I was taking about tonne of kina from Kurateau to support the customs and traditions of our iwi, our hapu, our marae and our whānau. In the same year I know my whānaunga, Isaac Love was taking just as much as me and then there are my other whānaunga such as John Boy McGregor and Bosun Huntly. These people have always been the principal providers of kai moana for our people, hapu, whānau and marae, and they still are. I remember Bosun when I was a kid. Every now and then he used to drop us off a sack of kina on his way home. My cousins Jimmy Taylor and Dave Koos (ph 1.31) used to dive with me for the marae all the time. Like me we had to move away to get work. To the south of Ngamahau Bay is Deep Bay. This bay contains the largest cockles to be found in Totaranui. These beds are unique and are fished on very special occasions. Successive District and Regional Councils have over the years allowed the destruction of our major Blenheim

15 Page cockle beds in Totaranui. For example, the Waitohi wetlands in Picton has been reclaimed. The Waikawa wetlands and cockle beds at Waikawa were destroyed for a marina and that s the marina just over here, one of our main mahinga kai areas around Waikawa. And Shakespeare Bay was destroyed for the purpose of a deep-water port. All of this has been done in the name of progress but to the detriment of our people and our kai moana. These beds need to be protected. And if I can just say that, you know, having had some involvement with a lot of these activities over the last, or more years, certainly going back to the 80s, many of our people have been promised jobs, they ve been promised all sorts of opportunities but we are still yet to realise those sorts of things, but I guess the point I make is the price that we have paid as our iwi, as our people has been massive in terms of our kai moana throughout Totaranui. Between Ngamahau and Deep Bay our people also harvest paua and there are kina beds that run out from the middle of the bay and in the area proposed as a farm our people set their nets. Anthony Bunt is an expert fisherman and descents from one of the families that have maintained our customs, traditions, associations with Tangaroa and in fact we still have some of our families that are residing in Kurateau and maintain our ahi kaa in that area. Anthony has better knowledge than me of the area around Ngamahau Bay. He has more fishing knowledge than me full stop. If we go down the other end of Kurateau, down in the Dieffenbach end, the two farms proposed at the southern entrance of Kurateau are also over the top of important recreational fishing areas. I am sure your committee will already be aware of this. It also appears that the proposed two farms will put an obstacle in the pathway of traffic moving up and down the sounds. When our boats are travelling up at this side of Arapawa and I ve been travelling up and down in my boat for many years, particularly on our smaller vessels in a north-west, they must be extremely careful. It can get very ugly out there sometimes and these farms could pose an added history. And I know for my whānau often we re bringing up our tamariki, our mothers, our parents so we need to be careful. We need to think about these things in terms of how we get around Totaranui in our waka. To the southern ends of these farms is the entrance to Kurateau, the area we consider our food basket. In the area around Ruaomoko are important paua and kina beds that are fished for customary purposes. These beds and those beds which are on the Dieffenbach side of the Blenheim

16 Page 2966 channel are particularly important to our whānau who have slow boats. It could take a good hour to Kaitira. For some it comes down to affordability. 1 3 [11. am] Now moving to Anamahanga (Port Gore). I am familiar with Anamahanga. This is part of our rohe. The land is derived through Ngati Hinetui, a sub tribe of Ngati Mutunga, and that s rangatira, Eruera s tipuna. Our relatives from Ngati Apa and Ngati Kuia reside on these lands and maintain the fires. I think my cousin Ashley Love has a house on his land. The Smith whānau reside there and have done so for many generations. When I was a boy I used to go down to Anamahanga for the school holidays with my whānaunga, Raymond Smith. We used to pull his uncle s nets up, retrieve the fish and then sell them back to him for so much a pound. His Uncle Tom never did find out. I spent much time diving in Port Gore during the 80s and 90s. My whānau have land on the northern entrance side of Arapawa and from there it is not a great distance to travel to Port Gore to get rock lobster to feed our families. The area we used to go to is immediately inward of the proposed farm. I have not much been there in the area for a while but my cousins still go there. My whānaunga Raymond Smith taught me about this place. The fisheries are important for sustaining our people who reside in Port Gore and ensuring our customs and traditions are maintained. Raymond and his brother John will have more intimate knowledge of the kai moana beds than me. In my closing comments I would just like to say I give this evidence with the knowledge that many of my iwi, many of the hau kainga oppose the King Salmon application. I understand that 7 percent of those present at an iwi hui, at this whare, supported a resolution to oppose the salmon farm proposal, especially in Kurateau. I am fully aware of the Marae s position on this matter and I support them. In terms of our tikanga, neither the front or the back is stronger than the other. They are side by side, not one on top of the other. This is captured in our whakatauki, Ka pai ki mua, ka pai ki muri, ka pai nga mea katoa. 4 Things are okay at the front, they ll be okay in the back. Blenheim

17 Page The other thing to remember is the hau kainga which are our home people. They make the decisions on our marae and within our rohe, it is the ahi ka. Kurateau the most important food basket in Te Tau Ihu, it needs to be protected. In particular the kai moana beds between Tangi Point and Deep Bay are extremely important for supporting tangihanga and the customs and traditions of our people. Ā na reira [Māori content 3.23], a ka ma hui tenei waka taua kia koutou, a ko nga honohonotanga a iwi, a hapu, a whānau, e waka pou ma tia ana te hono nga o nga matua tipuna me o ratou uri whakatipu, a neira, a tena koutou, a tena koutou, tena koutou katoa. So I conclude here, and we just clarify the connection between the hapu iwi and families with their ancestors. Thank you. JUDGE WHITING: Kia ora, yes, kia ora Mr Riwaka. I understand that Ms Bev Maata-Hart is going to give a presentation on her own behalf. MS MAATA-HART: Tena ra koutou katoa, nga mema o te Poari [Māori content 4.09] and a member of the Waikawa Marae Management Komiti. [Māori content 4.26]. We are the guardians, we are the people whose job it is to protect our resources. Greetings members of the Board. I am a descendent of Maata Tenihi and James Everly. To me the greatest thing to Māori is the guardianship. The responsibility of kaitiakitanga (guardianship) is handed down from our tipuna and is also guaranteed to us under Article 2 of the Treaty of Waitangi. This is a serious, very serious obligation for us. Ko te Kuini o Ingarangi [Māori content.00]. Queen of England will agree to the Chiefs and the hapu and all the people, their tinorangatiratanga of their lands, their homes and of their treasures. [11.1 am] 4 So we were guaranteed in Article 2 that the things which we are dear to us would be treasured and would be protected. For us who live here there s an added response the sense of responsibility weighs very heavily on us as iwi, we take this as a very serious responsibility that we have, our kaitiakitanga. For us who live there, there s an added responsibility to ensure that these treasures of the Sounds are preserved for our future generations. Blenheim

18 Page The Ministry for the Environment website questions, how will our activities of today affect our future so that the environment does not suffer? We cannot take the risk of the addition of more salmon farms to our area, to the Sounds, because neither you nor I can know the effect of what those salmon farms will have on the future for us, we do not know that. The website further states that we as locals and we know our environment and we know and what needs to be protected we are the guardians, we are the people who know our local treasures and what we want to have protected. We therefore strongly oppose this application for a plan change. The Resource Management Act recognises and provides for the relationship of Māori and their culture and traditions with their ancestral lands, wahi tapu and their traditional food gathering sites. Traditional Māori guardianship over kai moana is also guaranteed under the Treaty. The principles of the Treaty are to be taken into account in the management of natural resources and that is from the website from the Resource Management Act. Salmon farms, they are a foreign species to this area, they feed or they are raised on foreign food. They are a direct threat to our natural resources. In achieving the purpose of this Act, especially relevant to us here, protection of our natural resources must take into account the Treaty of Waitangi. As members of the management committee for Waikawa Marae and with the significant responsibility of kaitiakitanga and guarding our Marlborough Sounds for our future generations, the majority of us very strongly oppose the plan change that will allow the development of more salmon farms in our Sounds. No reira, whakatakoto te manawa kia koutou nga mema o te Poari. Kia whakarongo ae ki tau matou mamae, we ask you please, we challenge you to listen to the sadness and the grief that we have over this issue. So we lay down the challenge to you, the members of this Board, to listen to our concerns. Nga mihi kia koutou, mo to whakarongo kia matou, no reira, tena ra koutou katoa. 4 And I would like to thank you for listening to us. Blenheim

19 Page 2969 JUDGE WHITING: Kia ora. Mr Pio Riwaka-Herbert. MS.: Paia. JUDGE WHITING: Sorry, Ms Paia Riwaka-Herbert. MS RIWAKA-HERBERT: Tena koutou katoa, ki nga mema o te Poari. [Māori content 4.02] 1 Greetings members of the Board. I warmly greet you, to the visitors and to the people of te waka ao Māori, to the families I greet you. Piripiri is the mountain, Arapawa is the sacred isle, Raukawa is the seas, Waikawa is the marae. My name is Pia Riawaka-Herbert. Ko Paia Riwaka-Herbert taku ingoa. I stand here to read on behalf of my aunt Linda Ohia, her submission to you. MS RIWAKA-HERBERT: [Māori content 4.38] Ko Linda Ohia Niriwaka taku ingoa, tena koutou. Te Atiawa is my people, arapawa is the sacred isle, Piripiri is the mountain, Waitohe is the river, Waikawa is the marae, Linda Ohia Niriwaka is my name. Greetings. I strongly object to any form of marine farming in the Marlborough Sounds, especially the proposal by New Zealand King Salmon Company Ltd. King Salmon already own several farms in the Sounds and to apply for more is an act of insatiable greed. The Sounds is the food source of its local iwi, Te Atiawa and all people who enjoy the freedom of being able to access all its rich resources. [11. am] 3 I feel that this proverb is appropriate at this time, A bird in the hand is worth two in the bush. To us, as tangata whenua, we want to be able to be good stewards of what we already have. I have strong reservations regarding claims made by King Salmon in their supporting documentation at the risk of losing what we already have. The proposal to privatise public open space for 34 years, to me, in reality means forever more, as they also after 34 years want a further right of renewal to an overseas company. Next, they may want a lease in perpetuity and that does mean forever more. Blenheim

20 Page 2970 King Salmon s proposal is again another contravention of the principles, values and spirit of the Treaty of Waitangi and the Foreshore and Seabed Bill. 1 Māori are known to eat much of our kai moana raw, kina, paua, mussels etc. And the impact of antifoul discharge fallout etc, means sickness and possible death to people, fish, shellfish, the seashore, the landscape and the marine habitat. It s a sad day today that Te Atiawa trustees have chosen to ignore the will and clear direction given by Te Atiawa iwi to oppose the applications made by King Salmon. While trustees state that there are 3,000 iwi members throughout the world, our tikanga dictates that it is the ahi ka, te hau kainga (The people who light the fires), those who live here who have the responsibility to ensure the protection, the preservation and sustainability of the environment MR.: Kia ora. MS RIWAKA-HERBERT:- - - and resources within Totaranui (Queen Charlotte Sound) and Kurateau (Tory Channel) for all future generations. In conclusion, this is my turangawaewae (place to stand), my home, my heart, as it was for my parents and their parents before them. King Salmon are here today and will be gone tomorrow, but the descendants of Te Atiawa will remain forever. 3 I have had the privilege of partaking in the bountiful, abundant treasures of the Marlborough Sounds that the Marlborough Sounds provides me with. Can I leave this for my children and mokopuna? No reira, tena tatou katoa. JUDGE WHITING: Kia ora. And finally, Mr Anthony Bunt. MR BUNT: Kia ora. 4 JUDGE WHITING: Kia ora, Mr Bunt. MR BUNT: I d like to present some photos to the Board if I may, based on some of our older histories. Kia ora, the first photo with the guy sitting down on the hill, the closest to me, grandfather, John Huntley and for the purposes of this, the ones behind it, descendants, Toms descendants, the guy directly behind him that you can t quite see with Blenheim

21 Page 2971 the hat on, is my great grandfather great great grandfather William Henry Toms [11. am] So my great-grandfather there is tangata whenua to here. So his whakapapa is old histories. The Toms are the manawhenua so they are the conquerors of that land. Where my grandfather is sitting there is where the conquest started at the entrance at Tory Channel. The Toms family there are the descendants of Joseph Toms, a direct Treaty descendant. He married Tia Korikiriki and she is the daughter of Nohurua. Now, in the photo with Te Awaiti Bay on the left, you will see a house on the corner of the photo there. That house, the front part of it is the house of Nuhurua. And the extensions around it have come from later generations. So my Nana Toms, she was born there in Nuhurua s house. And the house to the right of it is the house we have today, and that is where she was brought up in. If we go across further to the other houses there and they are family houses again, they are Keenan and Norton houses. So our whakapapa on the Toms side again is through the Keenans in that bay and half that bay is Keenan land and it was born out of the conquests again of Tama Iwa and William Henry Keenan married Hikimapua Takini, that s Glenys whānau. Most of our whānau is here and we pay tribute to the Loves and the Nortons here as well. They are all part of that land in that bay. If we look back at that first photo and we talked about I am sorry, Alan s got a note here, Nohurua was one of the ariki for Ngati Toa. He was a priest, a blesser. I was going back to the photos and I forgot, sorry. If we look at those photos at the entrance again, there is really two new waves there. Despite having said there is two old, you know, there is old and new mana whenua, mana wana, there is a new generation there. My grandfather was one of the whalers in the modern terms and my great-grandparents behind them were the rowboat whalers. The last of the rowboat whalers. If we go back into the centre of Te Awaiti Bay you will see a rowboat. A rowboat, that was the last rowboat there. The last rowboat, the last time they got a whale was as Dieffenbach with the Toms and the Nortons, it would be my great-grandfather, Jack Norton, was a headsman for it. Blenheim

22 Page 2972 So that is a bit of a brief. In the background of that one where the guys are is Ngamahau Bay just up in the corner If we look at the other photo with the whale chaser, and that is my grandfather, John Huntly, shooting, and he is shooting a whale there, I think it was - it was the akeak gun, oh, sorry, a gun, a harpoon. But that is what they were akeak guns. The last whale he shot was off Ta White, that s where he lived at the time with my grandmother. [11. am] That boat and that gun, the bolt blew out and hit his face, so a few days later he ended up dying, but that happened outside Tahawai s and if we look in the right of that photo Tawai you can t quite see the hill, but the hill was named Puponga after our ancestor, William Henry Keenan. But also has in its old whakapapa, is a tribute to the Hump Back whales and the whales that go up through the Sounds there, and the turning point is between Te Awaiti or just above Te Awiti where he d shot that whale. So that s just a brief there. So I d just like to move into myself a little bit, a bit about myself. After the whaling really was commercial fishing took off and our family s done all the commercial fishing, and I ended up getting a catch history through our quota system. But we didn t qualify I didn t actually qualify because the moratorium had come in the late 70s, so there was a special system they put through three of us in New Zealand got them, and mine was one of them, one at the bottom, one at the top. Mine was based on my whakapapa and my ahi ka, my long history with the bay, with the Sounds. So I ll move into the rest of my stuff. While Kurateau is now more commonly referred to as the Tory Channel, our old history can expand on it a little bit more. Kurateau is the krill, and if we look at the krill and you heard Alan talking about the blood, well if we think of Tory Channel as a tentacle of the wheke, that krill is the vein that s going through it. And you heard Alan talk about where the axe was struck up at Kura - Wirikapara, with the next blow was in Tahawai and refers really to our krill. So the krill is the blood and the blood is the only place that it drifts ashore in thickness is Te Awaiti. So in translation this krill pulls in the eddies of the bay and the outer part of the next bay, and as the bay shallows this forces the krill to the surface and the krill can stay in the bay for several days, and then a light southerly air will bring it ashore. Blenheim

23 Page So what we re saying there is, this is one area that accumulates from the Sounds, from the channel, and things come ashore. So what we re saying is there s always the possibility that if there were viruses or diseases to come across in any of these new farms that we would probably be one of the first places to get it, based on this. Now if we go back through our days and a lot of our whaling was done in the Sounds, if they couldn t get the whale ashore, and the tides and it sounded, it would end up drifting out into the straits, and then usually be picked up off Jordy Rocks and around Island Bay on the south side. This happens too with any boats that broke away from Te Awiti or the bay next door. You could usually go and have a look down the Jody s, Island Bay and there s a good chance that you may find them down there. So that s effectively saying that s where our currents flow. So if there were any currents to flow, any diseases we re saying will there s a possibility that, you know, it s going to hit Te Awaiti then it may hit Island Bay. And now Island Bay for us, we have our titi birds there, we have an island there, our iwi does, and one day, who knows, we may decide to put a reserve or whatever there. The south of outer ends is the Sounds the straits is part of our kai moana gathering areas. [11.3 am] 3 4 So Alan s already explained around the mouth of the channel and up to Turi Kapara s, our system, it s our rich ecosystem. It is flushed by Cook Strait Canyon, it is hot and cold waters. It has plenty of oxygenated water, that s why it s rich, that s why it s healthy. It brings everything there. The channel contains many of our seasonal patterns for our fisheries, such as Moki, Terakihi, and Butterfish, Kawai, and it really shows itself when our manu or our great krill feed, our normal red krill, whitebait and its equivalents, accumulate in the channel. This is natural spawning pieces that happen in ecosystem. Our titi birds come through there, so our birds and our islands that we ve got our Mutton birds out in the straits. Part of that feeding ground is Tory Channel. And you can see these birds feeding in the kelp, our fish feed in the kelps. These find the food of the foundation of the food, which many of the species even flying through the Sounds and the entrance, as I said. Now part of that group is the kina I m going to speak a little bit about our kina, and really it should be dad speaking but he s not here. Part of that group of spawn that we talked about, the manu and the krill, is the kina, the kina spawn, and it contains when it spawns, it spawns millions Blenheim

24 Page 2974 and millions of embryo or larvae. Now these become prey to other animals so they are contributing hugely in our ecosystem. 1 So I ll move into a basically what dad s talking about. Our kina is a highly valued customary requirement, as Alan said before, and everyone said. We re renowned for big and beautiful kina, it s the place for kina to come. It s like titi birds to Bluff. It s like whales to Kaikoura, whitebait to the West Coast, mussels to Pelorus. That is ours. I suspect the threat to anyone of these species would be highly rebuffed and challenged by those locals. We see this outer farming proposal as an invasion, that s the one around Ngamahau I m talking about, into our highly valued species. We have had a huge family interest in the kina fishery and it s gone on for generations, from the day of the conquest right through to today. So from both the commercial, the customary perspective, that s been us. Many years ago my father explained how the fishery worked and how it replenishes itself. He explained that the kina spawn, when the kina spawn they come to the surface and move round with the tides. These kina we re talking about are spawning in Okukari at the head of the bay the channel entrance, and Whekenui. They change with the in the peak conditions, over the phase of the moon and on a change of a tide, usually a stiff southerly will bring them on. Our primary nursery is, as I said, is Okukari and Whekenui Bays, and this is in line with our ancient whakapapa, our old whakapapa would tell us that. I don t know how you call it - I don t know how you call it, it s not the stomach but the placenta I guess, is in Whekenui, and it s where all our baby a lot of our baby things start out, baby octopus, our Paua, a lot of our fish start in there, and grow out from there. [11. am] 3 4 Dad estimated that it took around 18 months from an egg cup size to a harvestable size for the kinas, which were round the palm size of your hand. Recent science studies confirm what dad s monitoring was. Science indicates that kina of up to 0 ml may take up to 0 years and float in larvae form and are free swimming from four to six weeks. Dad reckoned that it didn t really take that long, and the spawning not necessarily took four to six weeks, that s his view, and he s basing it on the richness of the material that they had to eat. So anyway, these free forming larvae are free swimming for four to six weeks, and fed on micro plants, and from those two bays, and Te Awaiti, the channel, and the outer straits is replenished. So that s our Blenheim