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NGĀ TAKE Ā-ROHE ME NGĀ KAUPAPA REGIONAL ISSUES AND POLICY

Tāngaroa

This section includes issues and policies related to the realm of Tangaroa, the atua of the sea. In the Ngāi Tahu tradition, Tangaroa was the first husband of Papatūānuku.

As emphasized in the New Zealand Coastal Policy Statement (2010), tāngata whenua have a traditional and continuing cultural relationship with areas of the coastal environment, including places where we have fished and lived for generations. The association of Ngāi Tahu to the Canterbury coast is acknowledged in the NTCSA 1998, whereby Te Tai o Mahaanui (the Selwyn Banks Peninsula Coastal Marine Area) and Te Tai o Marokura (the Kaikōura Coastal Marine Area) are recognised as coastal statutory acknowledgements (see Appendix 1 for a map). Te Tai o Mahaanui is also source of the name for this IMP, acknowledging the coastal waters and tides that unite the six Papatipu Rūnanga.

The RMA 1991 provides protection for the coastal environment and the relationship of Ngāi Tahu to it as a matter of national importance:

  • Section 6 (a): The preservation and protection of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins;
  • Section 6 (b): Protection of outstanding natural features and landscapes;
  • Section 6 (e): the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga; and
  • Section 6 (f): Protection of historic heritage.

Ngā Paetae Objectives

(1) There is a diversity and abundance of mahinga kai in coastal areas, the resources are fit for cultural use, and tāngata whenua have unhindered access to them.
(2) The role of tāngata whenua as kaitiaki of the coastal environment and sea is recognised and provided for in coastal and marine management.
(3) Discharges to the coastal marine area and the sea are eliminated, and the land practices that contribute to diffuse (non-point source) pollution of the coast and sea are discontinued or altered.
(4) Traditional and contemporary mahinga kai sites and species within the coastal environment, and access to those sites and species, are protected and enhanced.
(5) Mahinga kai have unhindered access between rivers, coastal wetlands, hāpua and the sea.
(6) The wāhi taonga status of coastal wetlands, hāpua and estuaries is recognised and provided for.
(7) The marine environment is protected by way of tikanga-based management of fisheries.
(8) Coastal cultural landscapes and seascapes are protected from inappropriate use and development.

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STATUTORY ACKNOWLEDGEMENTS

Issue TAN1: Recognition of the coastal Statutory Acknowledgements beyond the expiry of the Ngāi Tahu Claims Settlement (Resource Management Consent Notification) Regulations 1999.

Ngā Kaupapa / Policy

TAN1.1To require that local government recognise the mana and intent of the Te Tai o Mahaanui and Te Tai o Marokura Coastal Statutory Acknowledgements beyond the expiry of the Ngāi Tahu Claims Settlement (Resource Management Consent Notification) Regulations 1999. This means: (a) The existence and location of the SAs will continue to be shown on district and regional plans and policy statements; (b) Councils will continue to provide Ngāi Tahu with summaries of resource consent applications for activities relating to or impacting on SA areas (reflecting the information needs identified in this IMP); (c) Councils will continue to have regard to SAs in forming an opinion on affected party status; and (d) Ngāi Tahu will continue to use SAs in submissions to consent authorities, the Environment Court and the Historic Places Trust, as evidence of the relationship of the iwi with a particular area.

TAN1.2 To work with Te Rūnanga o Ngāi Tahu to: (a) Extend the expiry date of the Statutory Acknowledgement provisions; and (b) Advocate for increasing weighting and statutory recognition of IMP in the RMA 1991, so as to reduce the need for provisions such as Statutory Acknowledgements.

He Kupu Whakamāhukihuki / Explanation

Statutory Acknowledgements were created in the Ngāi Tahu Deed of Settlement as a part of suite of instruments designed to recognise the mana of Ngāi Tahu in relation to a range of sites and areas, and to improve the effectiveness of Ngāi Tahu participation in RMA 1991 processes. Statutory Acknowledgments are given effect by recorded statements of the cultural, spiritual, historical, and traditional association of Ngāi Tahu with a particular area (see Schedule 100 of the NTCSA 1998 for a statement of Ngāi Tahu associations with Te Tai o Marokura, and Schedule 101 for Te Tai o Mahaanui, included in Appendix 7).
Statutory Acknowledgments have their own set of regulations that implement Deed of Settlement provisions such as resource consent notification. The Ngāi Tahu Claims Settlement (Resource Management Consent Notification) Regulations 1999 have a 20 year life span and therefore expire in 2019. Statutory Acknowledgements continue to be relevant and necessary to the effective participation of tāngata whenua in RMA 1991 processes. The purpose of Policy TAN.1 is to ensure that plans, policy statements and resource consents relevant to the Te Tai o Marokura and Te Tai o Mahaanui Coastal Statutory Acknowledgements continue to recognise the significance of these coastal areas to Ngāi Tahu.

COASTAL WATER QUALITY

Issue TAN2: Coastal water quality in some areas of the takiwā is degraded or at risk as a result of:
(a) Direct discharges contaminants, including wastewater and stormwater;
(b) Diffuse pollution from rural and urban land use;
(c) Drainage and degradation of coastal wetlands; and
(d) The cumulative effects of activities.

Ngā Kaupapa / Policy

Standards

TAN2.1 To require that coastal water quality is consistent with protecting and enhancing customary fisheries, and with enabling tāngata whenua to exercise customary rights to safely harvest kaimoana.

Discharges to coastal waters

TAN2.2 To require the elimination of all direct wastewater, industrial, stormwater and agricultural discharges into the coastal waters as a matter of priority in the takiwā.

TAN2.3 To oppose the granting of any new consents enabling the direct discharge of contaminants to coastal water, or where contaminants may enter coastal waters.

TAN2.4 To ensure that economic costs are not allowed to not take precedence over the cultural, environmental and intergenerational costs of discharging contaminants to the sea.

TAN2.5 To continue to work with the regional council to identify ways whereby the quality of water in the coastal environment can be improved by changing land management practices, with particular attention to: (a) Nutrient, sediment and contaminant run off from farm land and forestry; (b) Animal effluent from stock access to coastal waterways; and (c) Seepage from septic tanks in coastal regions.

TAN2.6 To require that the regional council take responsibility for the impacts of catchment land use on the lakes Wairewa and Te Waihora, and therefore the impact on coastal water quality as a result of the opening of these lakes and the resultant discharge of contaminated water to the sea.

TAN2.7 To require stringent controls restricting the ability of boats to discharge sewage, bilge water and rubbish in our coastal waters and harbours.

Ki Uta Ki Tai

TAN2.8 To require that coastal water quality is addressed according to the principle of Ki Uta Ki Tai. This means: (a) A catchment based approach to coastal water quality issues, recognising and providing for impacts of catchment land and water use on coastal water quality.

He Kupu Whakamāhukihuki / Explanation

Coastal water quality is an important issue with regard to protecting the mauri of the coastal environment and the ability of tāngata whenua to harvest kaimoana. The use of Te Tai o Mahaanui to treat and dispose of wastewater is inconsistent with tāngata whenua values and interests. Ngāi Tahu policy is unchanged through the generations: water cannot be used as a receiving environment for waste (see Section 5.3 Issue WM6). Currently, urban and community wastewater is discharged into Pegasus Bay, Whakaraupō and Akaroa Harbour. All three of these areas are immensely significant for mahinga kai, and eliminating these wastewater discharges is a priority for tāngata whenua. The cultural, environmental and intergenerational cost of discharging waste to the sea is significant. As the hearing commissioners for a consent application to continue to discharge wastewater to Whakaraupō cautioned: “

We see great danger in allowing financial planning processes to drive decisions regarding the sustainable management of natural and physical resources.

Coastal water quality is also affected by non-point source or diffuse pollution, including nutrient run off from agricultural land, stock access to coastal waterways and stormwater run off from the urban environments. The coastal environment is the meeting place between Papatūānuku and Tangaroa - with coastal processes and influences often extending a considerable distance inland, and inland activities often having a direct impact on the coastal environment. This is particularly evident in the bays of Te Pātaka o Rākaihautū, where the physical geography of the catchments means that the distance between land use and coastal water quality is relatively short and steep (see Section 6.7 Koukourārata for a good discussion of this issue). Coastal water quality is also an issue where lakes that have poor water quality as a result of catchment land use are opened to the sea (see Section 6.10 Te Roto o Wairewa and Section 6.11 Te Waihora).

COASTAL WETLANDS, ESTUARIES AND HĀPUA

Issue TAN3: Protecting the ecological and cultural values of coastal wetlands, estuaries and hāpua.

Ngā Kaupapa / Policy

TAN3.1 To require that coastal wetlands, estuaries and hāpua are recognised and protected as an integral part of the coastal environment, and for their wāhi taonga value as mahinga kai, or food baskets, of Ngāi Tahu.

TAN3.2 To require that local authorities recognise and address the effects of catchment land use on the cultural health of coastal wetlands, estuaries and hāpua, particularly with regard to sedimentation, nutrification and loss of water.

TAN3.3 Environmental flow and water allocation regimes must protect the cultural and ecological value of coastal wetlands, estuaries and hāpua. This means: (a) Sufficient flow to protect mahinga kai habitat and indigenous biodiversity and maintain sea water freshwater balance; (b) Water quality to protect mahinga kai habitat and indigenous biodiversity; (c) Sufficient flow to maintain, or restore, natural openings from river to sea;

Hāpua as indicators

TAN3.4 To promote the monitoring of cultural health and water quality at hāpua to monitor catchment health and assess progress towards water quality objectives and standards.

He Kupu Whakamāhukihuki / Explanation

Historically the coastal areas of Ngā Pākihi Whakatekateka o Waitaha were dominated by wetlands and coastal lagoons. The areas between the Waipara and Kōwai rivers, Rakahuri and Waimakariri rivers, and Te Waihora and the Rakaia River were well known as food baskets of Ngāi Tahu given the richness of mahinga kai resources found in coastal wetlands such as Tūtaepatu, Te Waihora and Muriwai, and hāpua at the mouths of rivers. Te Ihutai, the estuary of the Ōtakaro and Ōpawaho rivers, was a significant settlement and food gathering site for generations of Ngāi Tahu. The extent and cultural health of coastal wetlands, estuaries and lagoons has declined significantly as a result of both urban and rural land use, and this has had a marked impact on mahinga kai resources and opportunities (see Case Study: Muriwai). The intrinsic and cultural value of these ecosystems requires an immediate and effective response to issues such as wastewater and stormwater discharges, sedimentation and nutrient run off. Objective 1 of the New Zealand Coastal Policy Statement (2010) is concerned with safeguarding the integrity, form, functioning and resilience of the coastal environment and its ecosystems, and this includes coastal wetlands, estuaries and hāpua Ngāi Tahu recognise hāpua as excellent indicators of catchment health and the state of the mauri of a river. At the end of the river and the bottom of the catchment, water quality in hāpua reflects our progress in the wider catchment towards meeting water quality objectives and standards, and restoring the mauri of our waterways.

The water that some feel is going to waste by flowing into the sea is actually feeding our hāpua.

IMP hui participants.

... the health of the hāpua of rivers is a way we can monitor the success of our zone plans, as the results of all land and water use find their way to the hāpua.

IMP Working Group.

TOOLS TO PROTECT CUSTOMARY FISHERIES AND THE MARINE ENVIRONMENT

Issue TAN4: Tikanga-based management tools for protecting and enhancing the marine environment and customary fisheries.

Ngā Kaupapa / Policy

TAN4.1 The most appropriate tools to protect and enhance the coastal and marine environment are tikangabased customary fisheries management tools, supported by mātauranga Māori and western science, including: (a) Taiāpure; (b) Mātaitai; (c) Rāhui; and (d) Tāngata tiaki/kaitiaki.

TAN4.2 To oppose the establishment of marine reserves in areas of significance to customary fishing, wāhi tapu, or where it could inhibit the development of mātaitai or taiāpure.

TAN4.3 To support the continued development and use of the Marine Cultural Health Index as a tāngata whenua values-based monitoring scheme for estuaries and coastal environment that is part of the Te Rūnanga o Ngāi Tahu’s State of the Takiwā Programme.

TAN4.4 To continue to investigate and implement kaimoana reseeding projects in the takiwā where traditional stocks are degraded.

TAN4.5 To continue to develop and establish sound research partnerships with the regional council, Crown Research Institutes, government departments, universities and other organisations to address issues of importance to tāngata whenua regarding the management of the coastal and marine environment.

He Kupu Whakamāhukihuki / Explanation

Taiāpure, mātaitai and rāhui are area management tools provided for under the Fisheries Act 1996 (see Table 3). They are designed to protect places of importance for customary food gathering, such as a certain type of fishery or a kōhanga, and ensure that tāngata whenua are involved in local decision-making. They provide for the protection of the marine environment through tikanga-based management of fisheries. The South Island Customary Fishing Regulations 1999 give effect to non-commercial customary fishing rights and provide the framework for customary fishing area management tools. Under the Regulations, tāngata tiaki/ kaitiaki are nominated by Papatipu Rūnanga and gazetted by the Minister of Fisheries to authorise customary fishing within their rohe moana. The use of Taiāpure and Mātaitai to protect the marine environment is complemented by other mechanisms that apply to freshwater and coastal sites, including the fee simple title to the beds of coastal lakes and lagoons under the NTCSA 1998 (e.g. Te Waihora and Muriwai) and general fisheries legislation (e.g that sets Te Roto o Wairewa aside for Ngāi Tahu eel fishing only). There are four Mātaitai and one Taiāpure in the takiwā covered by this IMP (see Map 3). Part 6 of this plan provides more information on local issues and aspirations associated with each of these.

FORESHORE AND SEABED

Issue TAN5: There remains a lack of appropriate statutory recognition for customary rights and interests associated with the foreshore and seabed.

Ngā Kaupapa / Policy

TAN5.1 To oppose the Marine and Coastal Area (Takutai Moana) Act 2010 based on: (a) The unjust and unprincipled tests for establishing customary marine title and customary rights; and (b) The lack of recognition for tāngata whenua rights and interests in relation to the foreshore and seabed (i.e. “no ownership” regime).

TAN5.2 To continue to contribute to Ngāi Tahu whānui efforts to have customary rights and interests to the foreshore and seabed recognised and provided for in a fair and just way.

TAN5.3 Any replacement model for addressing ownership of the foreshore and seabed must: (a) Recognise and provide for the expression of mana of whānau/hapū/iwi over the foreshore and seabed; and (b) Enable Ngāi Tahu Whānui to express their customary rights and interests over particular sites and areas within the Ngāi Tahu Takiwā. This means that: (a) Tests and processes for establishing customary title and customary rights must be fair and just, and be able to encompass the rights and interests of all iwi with respect to the areas of the foreshore and seabed of greatest importance to them; (b) Ownership must be consistent with the Treaty partnership (no Crown ownership, no public ownership); (c) The Crown should not be able to extinguish customary rights by actions that are inconsistent with the Treaty of Waitangi; (d) Customary rights should not have to be proven by whānau/hapū/iwi; (e) Ngāi Tahu must be able access the benefits of any model or regime in a fair and principled way; and (f) The right to development must be provided for.

He Kupu Whakamāhukihuki / Explanation

The Ngāi Tahu Takiwā includes a greater area of foreshore and seabed than any other tribal rohe in the country and therefore Papatipu Rūnanga have a particular interest in any frameworks or models that seek to define ownership rights. Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu opposed the Foreshore and Seabed Act 2004 and the vesting of ownership of the seabed and foreshore in the Crown. While the replacement Marine and Coastal Area (Takutai Moana) Act 2010 is different from the Foreshore and Seabed Act in a number of ways, it too falls short in recognising the longstanding rights and interests of Ngāi Tahu in relation to the foreshore and seabed. While the Act eliminates the idea that the Crown owns the foreshore and seabed, it still delegates iwi and hapū interests in a common space, and while it restores access to the High Court for iwi and hapū to claim customary title, the high threshold test to prove continuous and exclusive use of the area since 1840 will be impossible for many iwi and hapū to meet, due to past injustices. In responding to the Marine and Coastal Area (Takutai Moana) Bill 2010, Ngāi Tahu concluded that while the Bill was different from the Foreshore and Seabed Act in a number of notable ways, the longstanding rights and interests of Ngāi Tahu in relation to the foreshore and seabed are no more capable of recognition under the new Act as they were under the 2004 Act (see Box - Marine and Coastal Area (Takutai Moana) Act 2010).

COASTAL AND MARINE CULTURAL HERITAGE

Issue TAN6: The protection of coastal and marine based cultural heritage values, including cultural landscapes and seascapes.

Ngā Kaupapa / Policy

TAN6.1 To require that local government and the Crown recognise and provide for the ability of tāngata whenua to identify particular coastal marine areas as significant cultural landscapes or seascapes.

TAN6.2 To require that coastal marine areas identified by tāngata whenua as significant cultural landscapes or seascapes are protected from inappropriate coastal land use, subdivision and development.

TAN6.3 To require that marine cultural heritage is recognised and provided for as a RMA s.6 (e) matter in regional coastal environment planning, to protect the relationship between tāngata whenua and the coastal and marine environment.

TAN6.4 To require that Ngāi Tahu cultural and historic heritage sites are protected from: (a) Inappropriate coastal land use, subdivision and development; (b) Inappropriate structures and activities in the coastal marine area; (c) Inappropriate activities in the marine environment, including discharges; and (d) Coastal erosion.

He Kupu Whakamāhukihuki / Explanation

Tāngata whenua have a long and enduring relationship with the coastal and marine environment. It is part of the cultural heritage of Ngāi Tahu. Kaimoana is one of the most important values associated with the marine environment and the relationship of Ngāi Tahu to the sea is often expressed through this value. The food supplies of the ocean were regarded as a continuation of mahinga kai on land:

To Ngāi Tuahuriri fishermen off the coast, the peaks of Maungatere, Ahu Patiki, and other prominent mountains served as marks to locate the customary fishing grounds, for the food supplies of the ocean were regarded as a continuation of the mahinga kai on land.

Other examples of marine cultural heritage values include dolphin habitat and migration routes (particularly Hectors dolphin), whale feeding grounds, migration routes for kōura, sea mounts, reefs, islands and trenches, burial caves, kaimoana, tauranga ika, navigation points and rimurapa.

COASTAL LAND USE AND DEVELOPMENT

Issue TAN7: Coastal land use and development can have effects on Ngāi Tahu values and the environment.

Ngā Kaupapa / Policy

TAN7.1 To require that local government and the Crown recognise and provide for the ability of tāngata whenua to identify particular coastal marine areas as significant cultural landscapes or seascapes.

TAN6.2 To require that coastal marine areas identified by tāngata whenua as significant cultural landscapes or seascapes are protected from inappropriate coastal land use, subdivision and development.

TAN6.3 To require that marine cultural heritage is recognised and provided for as a RMA s.6 (e) matter in regional coastal environment planning, to protect the relationship between tāngata whenua and the coastal and marine environment.

TAN6.4 To require that Ngāi Tahu cultural and historic heritage sites are protected from: (a) Inappropriate coastal land use, subdivision and development; (b) Inappropriate structures and activities in the coastal marine area; (c) Inappropriate activities in the marine environment, including discharges; and (d) Coastal erosion.

He Kupu Whakamāhukihuki / Explanation

Tāngata whenua have a long and enduring relationship with the coastal and marine environment. It is part of the cultural heritage of Ngāi Tahu. Kaimoana is one of the most important values associated with the marine environment and the relationship of Ngāi Tahu to the sea is often expressed through this value. The food supplies of the ocean were regarded as a continuation of mahinga kai on land:

To Ngāi Tuahuriri fishermen off the coast, the peaks of Maungatere, Ahu Patiki, and other prominent mountains served as marks to locate the customary fishing grounds, for the food supplies of the ocean were regarded as a continuation of the mahinga kai on land.

Other examples of marine cultural heritage values include dolphin habitat and migration routes (particularly Hectors dolphin), whale feeding grounds, migration routes for kōura, sea mounts, reefs, islands and trenches, burial caves, kaimoana, tauranga ika, navigation points and rimurapa.

Indigenous Biodiversity

Issue TM2: The widespread loss of indigenous biodiversity has significant effects on:
(a) The relationship of Ngāi Tahu and their culture and traditions with ancestral lands, water and sites;
(b) Mahinga kai values (see Issue TM1); and
(c) The health of land, water and communities.

Ngā Kaupapa / Policy

Ngāi Tahu interests in biodiversity

TM2.1 To require that local authorities and central government actively recognise and provide for the relationship of Ngāi Tahu with indigenous biodiversity and ecosystems, and interests in biodiversity protection, management and restoration, including but not limited to: (a) Importance of indigenous biodiversity to tāngata whenua, particularly with regard to mahinga kai, taonga species, customary use and valuable ecosystem services; (b) Recognition that special features of indigenous biodiversity (specific areas or species) have significant cultural heritage value for Ngāi Tahu; (c) Connection between the protection and restoration of indigenous biodiversity and cultural well-being; (d) Role of mātauranga Ngāi Tahu in biodiversity management; and (e) Role of Ngāi Tahu led projects to restoring indigenous biodiversity (e.g. Mahinga Kai Enhancement Fund; Kaupapa Kēreru).

TM2.2 To recognise Te Tiriti o Waitangi as the basis for the relationship between central and local government and tāngata whenua with regard to managing indigenous biodiversity, as per the duty of active protection of Māori interests and the principle of partnership.

TM2.3To continue to work in partnership with the Department of Conservation, local authorities and the community to protect, enhance and restore indigenous biodiversity.

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Significance

TM2.4 To require that criteria for assessing the significance of ecosystems and areas of indigenous biodiversity recognise and provide for ecosystems, species and areas that are significant for cultural reasons.

Protection of remnant and restored areas

TM2.5 To require that city, district and regional plans include specific policy and rules to protect, enhance and extend existing remnant and restored areas of indigenous biodiversity in the takiwā.

TM2.6 To showcase existing remnant and restored areas as examples of how future management can improve the cultural health of the takiwā.

TM2.7 To continue to support those groups and landowners that that are working to maintain, restore and enhance the indigenous biodiversity, and to advocate for projects of interest and importance to Ngāi Tahu.

Integrating indigenous biodiversity into the landscape

TM2.8 To require the integration of robust biodiversity objectives in urban, rural land use and planning, including but not limited to: (a) Indigenous species in shelter belts on farms; (b) Use of indigenous plantings as buffers around activities such as silage pits, effluent ponds, oxidation ponds, and industrial sites; (c) Use of indigenous species as street trees in residential developments, and in parks and reserves and other open space; and (d) Establishment of planted indigenous riparian margins along waterways.

Biodiversity corridors

TM2.9 To advocate for the establishment of biodiversity corridors in the region, Ki Uta Ki Tai, as means of connecting areas and sites of high indigenous biodiversity value.

Ecosystem services

TM2.10 To require that indigenous biodiversity is recognised and provided for as the natural capital of Papatūānuku, providing essential and invaluable ecosystem services.

TM2.11 To work with the wider community to increase community understandings of indigenous biodiversity and the ecosystem services it provides.

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He Kupu Whakamāhukihuki / Explanation

Indigenous biodiversity, and the landscapes and ecosystems that support it, is a fundamental part of the culture, identity and heritage of Ngāi Tahu, particularly with regard to mahinga kai and the connection between people and place through resource use (see Issue TM1). Ngā Pākihi Whakatekateka o Waitaha and Te Pātaka o Rākaihautū have experienced significant land use change and resultant habitat and biodiversity loss over the last century and a half (see Box - Native forest cover change - Te Pātaka o Rākaihautū), and this has had a marked effect on Ngāi Tahu mahinga kai values. The degradation and loss of indigenous species and diversity is one of the major factors affecting the poor cultural health of many sites and waterways. For example, a cultural health assessment for Ihutai and its catchment found that 70% of all sites surveyed had less than 15% of the total vegetation cover in native vegetation, and no site had greater than 40% native vegetation dominance (see Part 6, Section 6.5 Ihutai). Restoring indigenous biodiversity values is one of the most important challenges for the future management in the takiwā. A healthy economy relies on a healthy environment. Indigenous biodiversity, along with air, water and soil, are taonga; they are the region’s natural capital, providing a suite of essential ecosystem services (see Box - Ecosystem services). Although these services are often taken for granted, they have immense value to cultural, social and economic well being. A major concern for tāngata whenua is that urban and township planning continues to promote, and often prioritise, the planting of exotic species in residential land developments, along waterways and in reserves and open space.

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The Treaty of Waitangi provides the basis for the relationship between central and local government and iwi/hapū in managing indigenous biodiversity, as per the duty of active protection of Māori interests and the principle of partnership. The Christchurch City Council Biodiversity Strategy 2008-2035 (for Ōtautahi and Te Pātaka o Rākaihautū) reflects these obligations, through the provision a vision, goals and objectives for the protection and enhancement of indigenous biodiversity in the region that explicitly recognise the relationship of Ngāi Tahu to biodiversity and the need for a partnership approach to achieve biodiversity outcomes.

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RESTORATION OF INDIGENOUS BIODIVERSITY

Issue TM3: Tāngata whenua have a particular interest in the restoration of indigenous biodiversity.

Ngā Kaupapa / Policy

Ngāi Tahu interests in biodiversity

TM3.1 To approach the restoration of indigenous biodiversity in the takiwā based on the following principles: (a) Restoration of indigenous biodiversity is about restoring original and natural landscapes, and therefore the mauri of the land; and (b) Restoration of indigenous biodiversity is about restoring the relationship of Ngāi Tahu to important places and resources; including planning for customary use.

TM3.2 To advocate for an approach to restoration based on ‘working with the land rather than against it’, including but not limited to: (a) Establishment of long term, intergenerational vision and objectives (50 and 100 years ahead); and (b) Use of natural succession and staged re-planting rather than spraying and burning (e.g. natural succession of indigenous species into areas of gorse and broom; staged underplanting of natives into wetland and lagoon areas full of willow).

TM3.3 To promote the value of Ngāi Tahu knowledge, tools and tikanga in restoration planning and projects, in particular: (a) The establishment of long term, achievable restoration goals (tāngata whenua are not going anywhere!); (b) Provision of information on the flora and fauna present in pre-European times, based on oral tradition and historical maps; and (c) Use of tools such as State of the Takiwā to provide assessments of current and desired states of cultural health of an area and cultural assessments of restoration requirements and risks.

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TM3.4 To incorporate, where appropriate, mahinga kai objectives into restoration project planning and objectives

TM3.5 To require that seeds and plants for restoration projects are appropriate to the area, and as much as possible locally sourced.

TM3.6 TM3.6 To support local and regional restoration groups and efforts, including but not limited to: (a) Living Streams (community based stream enhancement, Environment Canterbury); and (b) Te Ara Kākāriki Greenway Canterbury (development of an indigenous wildlife corridor across the Ngā Pākihi Whakatekateka o Waitaha).

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He Kupu Whakamāhukihuki / Explanation

The restoration of indigenous biodiversity is critical to achieving Ngāi Tahu objectives to increase the abundance, access to and use of mahinga kai. The importance of indigenous biodiversity to mahinga kai is reflected in tāngata whenua perspectives on restoration: that restoration is about restoring the mauri of land and places, and about restoring the relationship of Ngāi Tahu to these places. Ngāi Tahu have a unique and tested set of tools, practices and knowledge that can provide a valuable basis for restoration projects. Oral tradition and tribal and historical records provide a reliable and accurate source of information to construct a picture of the pre-European settlement landscape and the species that existed in this landscape (e.g. 1880 Taiaroa Maps held by Ngāi Tahu). Tools such as State of the Takiwā provide contemporary assessments of current and desired states of cultural health of an area and can assist with developing restoration goals and objectives.

WEED AND PEST CONTROL

Issue TM4: Weed and pest eradication is critical to the protection and restoration of indigenous biodiversity.

Ngā Kaupapa / Policy

TM4.1 To require that the interest and relationship of Ngāi Tahu with indigenous biodiversity and mahinga kai is recognised and provided for in pest management strategies, by: (a) Ensuring tāngata whenua involvement in setting priorities and designing operations.

TM4.2 To address weed and pest control strategies and operations based on the following principles, consistent with the protection of Ngāi Tahu values: (a) Articulation of clear strategies of eradication, as opposed to control or management; (b) Use of a range of tools and methods, rather than reliance on a ‘silver bullet’’; (c) Working across agencies to align and coordinate efforts to maximise success; (d) Minimise the use of hazardous substances, and give preference to natural solutions (trapping possums; establishment of riparian margins for shading aquatic weed); (e) Use of timing and techniques that avoid or reduce the impact of operations on mahinga kai and other cultural values; (f) Cultural, environmental and community costs must be considered equally alongside economic cost when designing pest control operations; and (g) Where the effects or risk associated with a specific method of pest control are unknown or unclear then the precautionary principle is the best approach. This means that an unknown effect does not mean no effect, and that protecting public health before certainty of effect is proven must be the basis of decision making.

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TM4.3 To require that local authorities address the effects of invasive weeds, land and aquatic, on natural areas, indigenous biodiversity and mahinga kai by: (a) Developing lists of what species to avoid in residential gardens due to their potential to spread off site, including but not limited to buddleja and lupin; (b) Developing lists of noxious weeds/plant pests; and (c) Regular monitoring of parks and open space, and waterways for invasions of plant pests.

TM4.4 To require that council weed control programmes avoid effects on mahinga kai species or areas of cultural significance by: (a) Avoiding certain areas, as identified by tāngata whenua; (b) Use of alternative methods in particular locations, as requested by tāngata whenua; and (c) Aligning the timing of operations with tāngata whenua advice.

TM4.5 To support private landowners and conservation groups that are undertaking weed and pest control programmes.

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He Kupu Whakamāhukihuki / Explanation

Weed and pest eradication is critical to achieving the mahinga kai and biodiversity objectives identified in this plan. Key concerns are the invasion of braided riverbeds by gorse and broom, the spread of willow along waterways, wilding trees and the effects of possums on native forests. Weed and pest invasions can significantly compromise restoration efforts. Local weed and pest issues in specific catchments are addressed in Part 6 of this plan. Wilding trees are addressed in Section 5.4 (Issue P15). The effects of invasive weeds on the beds and margins of braided rivers is addressed in Section 5.3 (Issue WM15). The use of 1080 for pest control is addressed in Issue TM5 below. More detail on Ngāi Tahu perspectives on the use of hazardous substances and new organisms for weed and pest control can be found in the Te Rūnanga o Ngāi Tahu Hazardous Substances and New Organisms Policy Statement 2008. The policy statement is a resource for cultural risk assessment and decision making on hazardous substances and new organisms based on Ngāi Tahu values., and is the default position for those issues not addressed in this IMP (e.g. biocontrol).

PEST CONTROL USING 1080

Issue TM5: Ngāi Tahu continue to have significant reservations about the use of 1080, in particular:
(a) Aerial application methods;
(b) Potential effects on waterways, particularly small and ephemeral streams;
(c) Tāngata whenua involvement in setting priorities and designing operations;
(d) Effective and appropriate monitoring of non-target impacts, and success rates; and
(e) Concern that 1080 will be used indefinitely in the region.

Ngā Kaupapa / Policy

TM5.1 Papatipu Rūnanga will assess proposals for the use of 1080 as pest control on a case by case basis, allowing for: (a) Different perspectives between hapū in the takiwā; and (b) Different local scenarios, including timing, location and method of use, and provisions to avoid or mitigate cultural issues.

TM5.2 To require early consultation, with good quality, culturally relevant information for any proposal to use 1080 in the takiwā.

TM5.3 Papatipu Rūnanga will use the following framework to assess the degree of cultural acceptability or unacceptability of 1080 use: (a) The use of 1080 for pest control is likely be opposed where: (i) It involves aerial application in areas where access is not a significant issue; (ii) There are culturally significant sites, including mahinga kai sites and resources; (iii) There is a cultural risk to water, as identified by tāngata whenua, including small and ephemeral streams or degraded waterways; (iv) There is no clear plan for monitoring non target impacts and success rates; and (v) Iwi/hapū have not been involved in setting priorities or designing operations. (b) The use of 1080 may be supported where tāngata whenua can determine that: (i) The timing and design of operations reflect local conditions; (ii) The toxin will be used alongside other methods such as trapping and hunting, to maximise success; (iii) The potential non target impacts are clearly identified, including those identified by tāngata whenua; (iv) Tāngata whenua are involved in setting priorities and designing operations, including monitoring operations; and (v) There is a tangible and significant environmental or cultural benefit.

Alternatives

TM5.4 To continue to advocate for research and investigation into alternatives to the use of 1080.

He Kupu Whakamāhukihuki / Explanation

Ngāi Tahu has worked with the Animal Health Board, Department of Conservation, Land Information New Zealand, Environmental Risk Management Authority (now the Environmental Protection Agency), and local government on issues associated the use of 1080 for pest control since 2001. While there is no singular Ngāi Tahu view on the use 1080, there has been a shift from opposing 1080 to working proactively with operators and government to address tāngata whenua concerns about the way 1080 is managed and used, and who is involved in the process, particularly with regard to addressing cultural risks to water and non target species. General policy in this IMP does not support or oppose the use of 1080. Rather, the focus is on providing guidance on cultural issues of concern (see Box - Examples of cultural issues associated with 1080 use), and enabling the different hapū to consider proposals based on local conditions and the specific detail of proposed operations.

The mainstream definition of waterways means that small waterways and ephemeral streams get hit by 1080. Despite assurances that it is water soluble, we cannot be certain that there are no effects, particularly because the resilience of many of our waterways is already compromised.

Terrianna Smith, Te Taumutu Rūnanga.

If we find that 1080 has killed 5 possums, but also 5 kererū, does this justify the use of 1080?

Uncle Waitai Tikao, Ōnuku Rūnanga.

COMMERCIAL USE OF INDIGENOUS FLORA AND FAUNA

Issue TM6: Current laws and policy fail to recognise, provide for and protect the kaitiaki relationship of tāngata whenua with indigenous flora and fauna and mātauranga Māori with regard to the commercial use and development of indigenous species (e.g. bioprospecting, genetic modification and Intellectual Property Rights in genetic material).

Ngā Kaupapa / Policy

TM6.1 The protection of taonga species (see Box - What are Taonga species?) and mātauranga Ngāi Tahu from inappropriate commercial use and development is critical to the protection of Ngāi Tahu culture and identity.

TM6.2 The Crown has a duty under the Te Tiriti o Waitangi to provide active protection of the kaitiaki relationship of tāngata whenua with indigenous flora and fauna, and mātauranga Ngāi Tahu. TM6.3 To support the Waitangi Tribunal’s findings on the WAI 262 claim (2011) that: (a) Reforms to current laws and policies controlling research into, commercial use of and intellectual property in taonga species and traditional knowledge are required so that the interests of kaitiaki can be fairly and transparently provided for.

TM6.4 Researchers and bioprospectors cannot use mātauranga Ngāi Tahu without consent of Ngāi Tahu.

TM6.5 The use of taonga species or mātauranga for commercial gain must include benefits to iwi.

TM6.6 To recognise the role of the Te Rūnanga o Ngāi Tahu Hazardous Substance and New Organism (HSNO) Committee to provide guidance from a Ngāi Tahu perspective on matters involving genetic modification, bioprospecting and new organisms.

TM6.7 To recognise the Te Rūnanga o Ngāi Tahu Hazardous Substances and New Organisms Policy Statement 2008 as a resource for cultural risk assessment and decision making on genetic modification and new organisms.

He Kupu Whakamāhukihuki / Explanation

Tāngata Whenua have a longstanding relationship with indigenous flora and fauna, one that includes rights to access, protect, conserve, use and protect native species. The Treaty of Waitangi requires the active protection of the kaitiaki relationship of tāngata whenua with indigenous flora and fauna. Many indigenous species are of increasing interest to scientists and researchers involved in bioprospecting, genetic modification, and intellectual property law, particularly patents and plant variety rights. However, the current legislative environment does little to recognise or support the relationship of tāngata whenua with indigenous flora and fauna, or to protect mātauranga Māori relating to specific species. The result is that individuals and organisations are largely able to conduct research, obtain Intellectual Property rights in, and commercialise, genetic and biological resources in taonga species, without informing kaitiaki or obtaining their consent. These issues are addressed by the WAI 262 claim to the Waitangi Tribunal (sometimes known as the Native Flora and Fauna claim). WAI 262 addresses a range of issues on how New Zealand’s law and policy affect Māori culture and identity, including the protection of taonga species and mātauranga Māori, intellectual property and the commercial use of the biological and genetic resources of indigenous flora and fauna. The findings of the Tribunal are found in the report Ko Aotearoa tēnei: A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity (2011). Importantly, the Tribunal recommended a number of specific legislative reforms so that the rights and interests of iwi and hapū can be fairly and transparently considered alongside other interests.

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