Te Whe Weepu :: Te Runanga o Ngati Waewae
Evidence presented by Te Runanga o Ngati Waewae as confirmed and stated by the kaumatua Te Whe Weepu of Te Runaga o Ngati Waewae in relation to our appeal of the proposed Cypress Mine. (Te Whe Weepu will be supported in her evidence delivery by the hapu and will be able to expand on the concepts presented here.) A brief description of the terms mana, wairua and mauri is appendixed.
1. Introduction:
My name is Te Whe Weepu. I am presenting this evidence on behalf of the Hapu of Ngati Waewae and the Runanga o Ngati Waewae o Te Tai Poutini. I am a kaumatua and resident at Arahura Pa, Te Tai o Poutini. My expertise is based on my knowledge and experience as a kaumatua resident amongst the hapu. I am the Kaiarahi / manager with the Land and Environment Unit in Te Runanga o Ngati Waewae, and have had extensive experience providing comments on resource consents on behalf of Ngati Waewae. I will clearly state my whakapapa connections in the court hearing at Hokitika.
2. Poutini Ngäi Tahu historical occupation of Te Tai Poutini:
Ngäi Tahu occupation of Te Tai Poutini came largely as result of the presence of the valued pounamu, and the trade opportunities, wealth and mana that were associated with it. Once trails were established across the mountains, Ngäi Tahu from eastern Te Waipounamu began to look westward.
By as early as the seventeenth century, Ngäi Tahu were establishing hapu on the west coast of the Te Waipounamu. Tuhuru of the Ngäti Waewae hapü was the leading Poutini Ngäi Tahu rangätira / chief, establishing the hapu rights and manamoana of Ngäti Waewae by defeating the original occupiers, Ngäti Wairangi. Ngäi Tahu residing on Te Tai Poutini were called Poutini Ngäi Tahu, so as to distinguish from their relations living on the east coast.
3. Ngati Waewae:
The hapü of Ngäti Waewae descends from the rangatira Tuhuru. Their takiwä is centered on Arahura, Hokitika, and Mäwhera (Greymouth), extending from the north banks of the Poerua River to Kahurangi Point and inland to ko Tiri Tiri o te Moana, the main divide, with areas of shared interest with the other hapü of Te Tai Poutini. Ngati Waewae is one of the eighteen Papatipu Runanga party to the Te Runanga o Ngai Tahu Claim Settlement Act. This evidence is written on behalf of tangata whenua who hold hapu rights (the right to speak for the land) in the takiwä.
4. Outline of Evidence:
a. Explain our role as kaitiaki of the area subject to this development proposal;
b. Outline our interaction with the applicant and our concerns with aspects of this consultation;
c. Explain the nature of the site where the development will occur; and
d. Identify the issues that are still to be resolved.
5. We have as a people seen many changes in the relatively short time since the coming of the European, much of it is good and much of it is bad. This is the twin awa or Wairua of anything we posses or observe, and is inherent in all things.
6. Kaitiaki Responsibilities:
We as a people are now well versed in the new ways and appreciate the many positive things that come from them, equally we have the responsibility to maintain as much as possible of what is left of the natural world inhabitants, as kaitiaki.
6(i). As kaitiaki, within our Takiwa we have responsibilities under hapu lore to ensure the maintenance and sustainance of Papatuanuku and her children, the tangatawhenua. These responsibilities we take very seriously and as such we are willing participants in many other forums to advocate our responsibilities. We do not have a choice in this matter; it is something we must do if we are to meet our obligations. These responsibilities are now enshrined in many modern laws and hence we come to this place as willing participants under the Tiriti o Waitangi, Resource Management Act 1991, Conservation Act 1987, West Coast Regional Policy Statement 2000, State Owned Enterprises Act 1986 etc.
7. Cultural Impact Assessment Report:
Our Hapu / Iwi authority has been engaged with the applicant in good faith for some years, we instigated and prepared a Cultural Impact Assessment (attached) for the applicant and funded by the applicant. This was facilitated by Dyanna Jolly on behalf of Te Runanga o Ngati Waewae for SENZ Ltd and included extensive consultation.
7(i). We were disappointed to learn that the CIA document was not forwarded to the local authority commissioners by the applicant prior to the consent hearings and their subsequent decision. The purpose of a CIA is threefold:
a. We, as hapu and kaitiaki describe our association with the area subject to the development.
b. We describe how our values are to be affected by the development.
c. Significantly, we outline the effects of the proposal on cultural values
Put simply, we use a CIA to advise the applicant of values and associations with lands and waters that we believe need to be recognised and provided for pursuant to section 6(e) of the RMA.
7(ii). We believe that without the hearing commissioners having access to the CIA, they would have found it difficult to fulfil their statutory obligations to
d. Recognise and provide for our cultural associations with lands and waters within the development area;
e. Have regard to kaitiakitanga; and
f. Take account of the Tiriti o Waitangi.
8. Cultural Associations With Place:
The coastal hills and plateaux areas north of the Kawatiri (Buller) River are part of the larger network of trails, trading routes, pä and kainga sites, mahinga kai and other areas of cultural significance for Poutini Ngäi Tahu. These customary associations are maintained today through the kaitiakitanga rights and responsibilities of Te Rünanga o Ngäti Waewae, for example, by engaging in this process by expressing our cultural values and impacts on those values. The site that is subject to this application is significant to our people because of its mana, mauri and pristine nature. The area is a place of our taonga species, Roa / Great spotted kiwi, and many other manu / birds, plants and animals and hence it’s mauri is strong as is the pristine landscape, part of the Paparoa and as such is ancestral land and water, it is wahi tapu to us.
9. Department of Conservation Scientific Report:
The Ngati Waewae view is consistent with the Ngakawau PNA report of 1998 and given the amount of modification undertaken adjacent to this site by mining we advocate for the Ngakawau PNA report and its Recommended Area for Protection.
10. The land / whenua subject to this application, is some of the very last in a relatively pristine state in the area overlaying coal measures. The land is to be highly modified by the actions of the applicant. The land, cannot speak, we speak today on its behalf.
11. Outstanding Issues:
After many hours of negotiation and changes to the proposal for this mine the hapu have several outstanding issues remaining that are subject to our appeal.
12. Of these issues we decided to focus on the core issues that we alone can advocate for. These include the values of the mana, wairua, and the mauri of the land and waters. By advocating for them holistically we are advocating for our cultural values and those of our ancestors. Nga maunga / hills and mountains are very important to us, many represent the ancestors and the work of Tu Teraki Whanoa, the atua that formed the land and hence another reason for Ngati Waewae to speak for the protection of our cultural values.
13. The access haul road will cross the hard rock pavements to enter the area of the headwaters of the Ngakawau and Waimangaroa and this initial act will degrade the mauri of the land to an extent that the natural area will become highly modified and engineered. I use the term “degrade” because it is important to understand that, from a cultural perspective, natural disasters and natural change within an ecosystem does not harm the mauri - only those resulting from the actions of man. The mauri is unable to protect itself against unnatural activities within the environment. The road will require a cut and fill construction that will permanently change the landscape to a degree that the mauri of the hard rock pavements will be severely, permanently degraded. There is not enough evidence as to how the effects of the road will be sufficiently mitigated and reinstated at end of mine life, or when that will in fact be.
14. The effects on the maunga of the range known today as Mt William will be massive with the applicant proposing to remove and contour the base up to a point close to the ridgeline to an extent that it will at best resemble a highway cutting and destabilise the face that will eventually lead to further degradation of the mauri. The risk of induced slipping will be greatly increased and the mana of the northern Paparoa range will be severely reduced by the engineered landform and subsequent changes brought about by unnatural erosion patterns and slips. The uncertain nature of the result is something that greatly concerns the hapu, and it is a certainty that the mana and mauri of the maunga will, in our view, be degraded to an extent that fails to meet the test of sustainability and Kaitiakitanga (ref 5,2 West Coast Regional Policy Statement).
15. We have discussed this issue with the applicant and have been offered further mitigation via further engineered solutions but this was an issue that we could not agree on due to the fact that the degree of degradation that will impact on the mauri of the place is just too great and likely to be greater than that projected by the SENZ qualified experts in our view. This issue is one that has presented itself at other mine sites of the applicant on the Tai Poutini and the result is always worse than expected regarding degradation, slippage and maintenance of the mauri of the area. To reiterate my earlier comments, the mauri is unable to protect itself against unnatural activities within the environment.
16. Other issues regarding the proposed massive changes to the landscape have been how the mana of the relatively pristine connected landforms will be broken by the escarpment, mine pit and waste rock dumps and how long the effects will last and whether or not they are sufficiently mitigated.
17. The mauri of the natural landform in my view will be broken by the proposal and is not sufficiently mitigated by the applicant. This is highlighted also by the amount of water being diverted out of the Waimangaroa headwaters into the Ngakawau catchment. This is estimated at up to 20% by Richard Antiss, the River Watch water expert, though to the hapu the % amount is not that vital, it is the fact that the engineered diversion is occurring causing the mauri to be depleted.
18. The mixing of catchment waters is an issue that we couldn’t resolve due to our Kaitiakitanga responsibilities. We oppose the cross mixing of the waters from these two catchments. Also the issues of mixing pristine water with that of contaminated water is an issue and impacts on the mauri and wairua of the landscape and awa, though proposed mitigation aims to separate them, still some will mix resulting in depletion of our cultural values.
19. This leads onto the long-term outlook for the mauri of the area given the proposed mining activities. The suggested mitigation are all specific to this current application. However, the applicant has made it clear that this application is likely to be the first of many for the catchment and coal resource of the Waimangaroa. We, as hapu would like to discuss the plan for the whole catchment with a view to agreeing an overarching integrated catchment mining plan. This has not been possible as the applicant has decided, for strategic reasons, to apply only for access to the extreme headwater coal resource. This has in itself created difficulties for us, as the infrastructure for this mine, and that which may be necessary to support future operations, cannot be truly determined at this time. We do not know what the total extent of development will be. However, we do know that the piecemeal ad-hoc approach that is proposed fails to have regard to our beliefs as kaitiaki pursuant to section 7(a) of the RMA. In terms of Kaitiakitanga, a full and holistic consideration of the effects of the total development within the catchment should be undertaken.
20. We know from past experiences on the West Coast that the piecemeal approach to mining has resulted in extreme environmental degradation. Further, in this modern age the integrated approach to resource management is essential and desirable to minimise adverse effects.
21. Also, there is one final issue that is of concern to us. At this hearing we are largely limited to a consideration of the effects of this single development. However, should this application be successful, future applications to mine the Waimangaroa headwater gorge area will later be assessed in the context of what will then be a highly modified industrial mining site.
22. To summarise:
a. There is an existing cultural association with the lands and waters within the area that is subject to this proposal. The proposed development will adversely impact on this association.
b. Our cultural beliefs and values - mauri, mana, wairua – will be adversely impacted by this proposal.
23. Conclusion:
Based on the relatively unmodified nature of the site, the anticipated on-going adverse effects and the inability to mitigate these cultural concerns, we, once again, call for the application to be declined.
Tena koutou tena koutou tena koutou katoa
Te Whe Weepu
Appendix:
A brief description of mana, wairua and mauri follows to assist the court and readers; this may be expanded on in the hearing.
Mana: The pride and esteem that exists in all things.
Wairua: The twin rivers of forces that are inherent in all things.
Mauri: Is the life force that is inherent in all things.
