1 TABLE OF CONTENTS 1.0 INTRODUCTION 3 1.1. Project Objectives .............................................................................................................. 3 1.2 2.0 3. 4. Methodology ...................................................................................................................... 3 THE SCOPE OF THIS REPORT 5 2.1 Format of the report............................................................................................................ 5 2.2 The areas considered in this report ..................................................................................... 5 2.3 Understanding the Cultural Context ................................................................................... 5 2.4 Terminology used in this report ......................................................................................... 6 2.4.1 Ngäi Tahu ............................................................................................................. 6 2.4.2 Traditional use ...................................................................................................... 6 2.5 The level of detail provided in this report .......................................................................... 7 2.6 The use of quotations ......................................................................................................... 7 STATUTORY PLANNING AND POLICY FRAMEWORK 8 3.1 Te Tiriti O Waitangi ........................................................................................................... 8 3.2 The Ngäi Tahu Claims Settlement Act 1998...................................................................... 9 3.3 Resource Management Act 1991 (RMA)........................................................................... 9 3.4 Kati Huirapa Iwi Resource Management Plan ................................................................. 11 3.5 Te Whakatau Kaupapa ..................................................................................................... 14 3.6 Te Rünanga o Ngäi Tahu Freshwater Policy Statement................................................... 16 3.7 Rangitata River Water Management Plan 1986 – 1996 ................................................... 16 NGÄI TAHU ASSOCIATION WITH THE RANGITATA CATCHMENT 4.1 17 The history is in the placenames ...................................................................................... 17 4.1.1 The Rangitata Catchment ................................................................................... 18 4.1.2 Pattern of settlement ........................................................................................... 19 4.1.3 Potential impacts of the three management options ........................................... 19 4.1.4 Recommendations .............................................................................................. 20 4. 2 The Catchment as a Whole ............................................................................................ 20 4.2.1 The Rangitata Catchment ................................................................................... 20 4.2.2 Observed impacts ............................................................................................... 23 4.2.3 Potential impacts of the three management options ........................................... 24 4.2.4 Recommendations .............................................................................................. 24 2 4.3 4.4 4.5 4.6 4.7 Mauri ............................................................................................................................... 26 4.3.1 The Rangitata Catchment ................................................................................... 26 4.3.2 Observed impacts ............................................................................................... 27 4.3.3 Potential impacts of the three management options ........................................... 30 4.3.4 Recommendations .............................................................................................. 32 Waahi Tapu / Waahi taoka ........................................................................................... 33 4.4.1 The Rangitata Catchment ................................................................................... 33 4.4.2 Observed impacts ............................................................................................... 34 4.4.3 Potential impacts of the three management options ........................................... 34 4.4.4 Recommendations .............................................................................................. 34 Mahika kai ...................................................................................................................... 35 4.5.1 Traditional Seasonal Behaviours ........................................................................ 35 4.5.2 Changing Seasonal Rounds ................................................................................ 36 4.5.3 Use of the Rangitata Catchment ......................................................................... 36 4.5.4 Observed impacts ............................................................................................... 39 4.5.5 Potential impacts of the three management options ........................................... 41 4.5.6 Recommendations .............................................................................................. 42 Trails................................................................................................................................ 43 4.6.1 The Rangitata Catchment ................................................................................... 43 4.6.2 Observed impacts ............................................................................................... 44 4.6.3 Potential impacts of the three management options ........................................... 44 4.6.4 Recommendations .............................................................................................. 45 Kaitiakitanga .................................................................................................................. 45 4.7.1 The Rangitata Catchment ................................................................................... 45 4.7.2 Observed impacts ............................................................................................... 45 4.7.3 Potential impacts of the three management options ........................................... 46 4.7.4 Recommendations .............................................................................................. 47 5. SUMMARY OF THE IMPACTS ................................................................................. 48 6. SUMMARY OF RECOMMENDATIONS .................................................................. 51 APPENDIX 1 ............................................................................................................................ 55 APPENDIX 2 ............................................................................................................................ 57 3 1.0 INTRODUCTION Käi Tahu has a long association and involvement with the Rangitata catchment of South Canterbury. As manawhenua, the Papatipu Rünanga, Te Rünanga O Arowhenua believes that it has a responsibility to assess how an activity impacts upon their cultural values. This Cultural Values Report identifies the impacts associated with the current management of the Rangitata Catchment, in particular the management of the Rangitata River and its tributaries. 1.1. Project Objectives The objectives of this report are: 1. To identify the water related Tangata Whenua values in the Rangitata Catchment. 2. To identify how these values could be negatively and/or positively affected by a proposal to: (i) abstract more water from the river based on run of river flows (no storage in the system); (ii) dam the river at Rangitata Gorge; or (iii) place a Water Conservation Order on the Rangitata River, which maintained the status quo. Note: throughout the rest of this report the options presented in (i)-(iii) above will be referred to as the “three management options”. 1.2 Methodology (a) Consult Arowhenua Rünanga and Te Rünanga o Ngäi Tahu regarding the Rangitata River’s value to Tangata Whenua including McKinnons Creek. (b) List water related Tangata Whenua values in the Rangitata Catchment. (c) Review any environmental and cultural information on the Rangitata River to the extent that the information is relevant to the project brief. (d) Prepare a map identifying as specifically as possible the extent and/or location of the values (accepting that some limits may be needed to avoid the precise identification of the location of certain taonga). (e) Identify which values, if any, are flow related. 4 (f) Assess the flows needed to sustain values that are flow related and provide reasons to support this view. (This should include considerations of minimum flow, high flows and flow variability, which may be needed). (g) Identify whether the existing Rangitata River and McKinnons Creek flow management/allocation regime has had any negative or positive effects on Tangata Whenua values and provide reasons to support this view. (h) Assess whether proposals to take additional water from the Rangitata River when flows exceed the present minimum flows plus the current water allocation (see Appendix 1) will have any negative or positive effects on water related Tangata Whenua values and provide reasons to support this view. (i) Assess whether a proposal to site a dam in the Rangitata Gorge would have any negative or positive effects on water related Tangata Whenua values and provide reasons to support this view. (j) Assess whether a conservation order that sustained the status quo would be positive, neutral or negative in protecting Tangata Whenua values and provide reasons to support this view. (k) If appropriate, make a recommendation as to the terms of a water conservation order that might better protect Tangata Whenua values and provide reasons to support the recommendation. (l) Prepare a report detailing (b) to (k) above. 5 2.0 THE SCOPE OF THIS REPORT 2.1 Format of the report This report has been divided into a number of chapters: Chapter 1 - This sets out the objectives of the report Chapter 2 - This outlines the scope of the report. Chapter 3 - This chapter provides for the statutory, planning and policy framework within which freshwater activities in the Rangitata Catchment are regulated. Chapter 4 - This chapter identifies Ngäi Tahu cultural environment, both traditional and current, and provides a general discussion of the issues of concern to Ngäi Tahu with respect to: • abstracting more water from the river based on run of river flows • damming the river at Rangitata Gorge; or • placing a water conservation order on the Rangitata River to maintain the status quo. Chapter 5 - This chapter summarises the recommendations for protecting the respective cultural values identified in Chapter 4. Chapter 6 - This chapter concludes the report. 2.2 The areas considered in this report The focus of this study is the Rangitata Catchment. Figure 11, which was supplied by Environment Canterbury defines the boundary of the catchment. 2.3 Understanding the Cultural Context The discussion of the cultural values of Ngäi Tahu that is included in section 4 of this report is not meant as an exhaustive treatment of the subject. Rather, it seeks to provide a conceptual framework for the consideration of cultural values. It is an attempt to explain the Ngäi Tahu perspective on the environment in terms more readily understood by the wider public, recognizing that a Ngäi Tahu perspective is fundamentally different in its treatment of human/nature interactions. This framework, we believe, is essential to understanding the depth 1 This map is in two parts, each is A1 size. It is not included in this report. 6 and complexity of the Ngäi Tahu relationship with the Rangitata Catchment, and the impacts of the various uses of the Rangitata on cultural values. Building on this framework, then, the remainder of the report outlines the values, issues, impacts and recommendations. It begins with a generic discussion of Ngäi Tahu cultural values and issues associated with waterways before proceeding to identify the values and impacts associated with the Rangitata. 2.4 Terminology used in this report 2.4.1 Ngäi Tahu In this document, the use of the term ‘Ngäi Tahu’ should be considered to include the three constituent indigenous iwi of South Canterbury, being Ngäi Tahu, Kati Mamoe and Waitaha. The term ‘iwi’ (tribe) is used in the same context. 2.4.2 Traditional use It is appropriate to raise the issue of terminology, particularly as it relates to the word "traditional". Ngäi Tahu have expressed concern in many fora over the use of the word "traditional" in the context of studies, including impact assessments. These concerns stem from two points. 1. The first is related to the connotations associated with "traditional". To many, it evokes images of Ngäi Tahu peoples living as their ancestors did prior to European contact. Thus, it implies a way of life that may be "old-fashioned" and "antiquated", and one which is "impractical" or "irrelevant" given today's modern world. 2. The second point is concerned with change, and just how much change is acceptable to "traditional" ways. Berkes (1993:3) notes: In the dictionary sense, "traditional" usually refers to cultural continuity transmitted in the form of social attitudes, beliefs, principles and conventions of behaviour and practice derived from historical experience. However, societies change through time, constantly adopting new practices and technologies, and making it difficult to 7 define just how much and what kind of change would affect the labeling of a practice as traditional. For example, many outsiders view the adoption of modern equipment, such as outboard engines or food processors, as a break in tradition by Ngäi Tahu people, a severing of the cultural continuity. However, to state that worldviews or activities are "traditional" does not imply that they are unchanging (Anderson 1996). Further, a change in the methods by which a particular activity is conducted is not indicative of something less "traditional". As Lewis (1993:9) points out, what is "traditional" is the knowledge behind or the ideas underlying the production and use of the tools that people utilise. It is vitally important that resource management agencies, other stakeholders and the wider public understand that the “traditional” relationship of Ngäi Tahu with the natural environment (as described in section 4) does not describe the past: these relationships have not only survived but are being revitalized. 2.5 The level of detail provided in this report Te Rünanga o Arowhenua was reluctant to include site-specific information in this report. Therefore in both the report and the accompanying map values are identified but the values and the information are assigned to a zone rather than a site. Te Rünanga o Arowhenua and TRONT are satisfied that the values of the Rangitata River are adequately presented. A greater level of specificity is not supported. 2.6 The use of quotations The Terms of Reference for this report requires an assessment of negative and positive effects of the three management options on Tangata Whenua values. Reasons to support this assessment are also required. Wherever possible quotations from members of Te Rünanga o Arowhenua are used to justify the statements made in the narrative. It should be noted that because of their long association with Rangitata Catchment, Ngäi Tahu are able to identify the changes to the catchment and the river. While many in the community believe the Rangitata River to still be in a relatively pristine condition, Ngäi Tahu and in particular Te Rünanga o Arowhenua, used the river when it was still in a pristine condition. As a result they are more critical in their appraisal of the current health of the waterway and the likely impact of the three management options. 8 3. STATUTORY PLANNING AND POLICY FRAMEWORK 3.1 Te Tiriti O Waitangi In 1840, Te Tiriti o Waitangi (Treaty of Waitangi) was signed between the Chiefs of Aotearoa and Her Majesty the Queen of England formalising an agreement to allow British subjects to settle in areas such as Te Wai Pounamu, under formal British colonial rule, and which guaranteed to Maori the protection of their taonga (possessions) for so long as they wished. Such taonga included their waters2, lands, fisheries and mahika kai. Te Tiriti o Waitangi reaffirmed these rights thus:Maori Text: “Ko te Kuini o Ingarani ka whakarite ka whakaae ki nga Rangatira, ki nga Hapu, ki nga tangata katoa o Nu Tirani, te tino rangatiratanga o o ratou whenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te Whakaminenga me nga Rangatira katoa atu, ka tuku ki te Kuini te hokonga o era wahi whenua e pai ai te tangata nona te whenua, ki te ritenga o te utu e whakarite ai e ratou ko te kai hoko e meatia nei i te Kuini hei kai hoko mona”. English Text: “Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates, Forests, Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession….”. The words “their lands and estates, forests, fisheries…” in the Treaty of Waitangi encapsulates the right to mahika kai, to places where the resources are harvested, the activity and business of gathering kai and includes the type of resources that were caught or gathered. It was upheld by the Waitangi Tribunal that Maori fishing rights have endured to the present day. Ngäi Tahu believe that a Treaty that promises a fishing right implicitly promises enough water of sufficient quality to sustain a fishery. 2 The Waitangi Tribunal has defined taonga value as including the value of the water itself, the resources living in the water and the resources sustained by the water. 9 3.2 The Ngäi Tahu Claims Settlement Act 1998 The Ngäi Tahu Claims Settlement Act (“the Settlement Act”) includes a number of provisions that are relevance to the management of the freshwater resources of the Rangitata Catchment. • Schedule 55 is a Statutory Acknowledgement of the traditional relationship of Ngäi Tahu with the Rangitata Catchment. A copy of Schedule 55 is included as Appendix 1. • Schedule 97 provides Statutory Acknowledgement of the Ngäi Tahu relationship and interests in the use, management and protection of taoka native species. 3.3 Resource Management Act 1991 (RMA) The Resource Management Act 1991 is the principal legislation under which the natural and physical resources of New Zealand are to be sustainably managed. 5. Purpose – (1) The purpose of this Act is to promote the sustainable management of natural and physical resources. (2) In this Act, “sustainable management” means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural well being and for their health and safety while (a) Sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; (b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment. The duties and the obligations that Part 2 of the RMA imposes are for all people who exercise functions or powers under the Act in relation to the use of natural resources are detailed below. Section 6 sets out the matters that are of national importance 6. Matters of national importance – In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, 10 development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: (e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites waahi tapu, and other taonga. Section 7 sets out other matters that regard is to be had to 7. Other matters - In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to – (a) Kaitiakitanga Section 8 states that the principles of the Treaty of Waitangi need to be taken into account. 8. Treaty of Waitangi - In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). Court of Appeal in Court of Appeal v Attorney General 1987 CA 54/87: (i) (ii) The principle of partnership. The principle of active protection of Maori people in the use of their lands and waters to the fullest extent practicable. (iii) The principle of utmost good faith in dealings with the other Treaty partner. Within the RMA context a further principle, that of consultation has been found to arise under the principles of the Treaty of Waitangi. The Environment Court has noted that active protection of Maori interests requires positive action, which will at times oblige both the consenting authority and the applicant to consult, and also to initiate, facilitate, and monitor the consultation process as part of the duty to take into account the principles of active protection and partnership. Consultation must be conducted in a spirit of good will and open mindedness, and over a reasonable span of time, and to a degree sufficient for the local authority to be informed on the matters in issue. 11 3.4 Kati Huirapa Iwi Resource Management Plan The following extract from the Kati Huirapa Iwi Resource Management Plan, sets the context for consideration of many of the cultural values associated with the Rangitata Catchment. Treaty of Waitangi • The Mahika Kai is ours. We are the Takata Whenua. • Governance of this land (Article One) by the Crown and other agents with authority delegated by the Crown and other agents with authority delegated by the Crown is dependent on recognition and protection of Treaty rights (Article Two). Kaitiakitanga The Takata Whenua call on all people, residents, visitors, to respect all living things in this land and act as guardians to ensure that future generations can also enjoy them. Mahika Kai All land, forests, inland waters, coastal waters are Mahika Kai places where the Takata Whenua sought food, natural resources, Nga Hua o Te Whenua Nga Uri o Takaroa Nga Uri o Tane Hazardous substances No spraying of pesticides, any toxic chemicals in or near rivers, lakes, sea, all natural waters. Grazing animal No grazing animals in riverbeds, wetlands or in the margins of coastal waters, creeks, steams, rivers, lakes, any natural water. Solid wastes • No dumping of rubbish in or near rivers, lakes, sea, all natural waterways. • All rubbish, solid waste be removed from rivers, coastline, wetlands, all natural waterways. • All local authority waste disposal areas in wetlands, riverbeds and adjacent to rivers, lakes, coast, all natural waters, be phased out and relocated away from waterways, wetlands and coastal areas. Contamination of food All food taken from natural waters be fit for human consumption. The Takata Whenua say restore the life supporting capacity of all natural waters and waterways 12 Abstractions, dams and diversion of water All water be returned to the rivers. Water levels Water level of lakes, lagoons, wetlands, all natural waters be maintained at levels sufficiently high to sustain the life of these waters. Wetlands No more drainage of wetlands. Fish passage • Passage for migrating fish be maintained in all rivers, coastal lagoons, all natural waterways. • All river back-waters and outlets to drains, streams and springs be reinstated and maintained to ensure passage of fish. • No drains in Mahika Kai areas be cleaned without consulting the Takata Whenua first. • No outlets to rivers, lakes, streams, springs, lagoons, wetlands, any natural water be blocked or destroyed. Storing and releasing water from dams The natural rises and falls of flows in rivers be maintained. Breeding area Breeding areas for fish, birds, and all other species in waterways remain undisturbed. Wildlife corridors Corridors of undisturbed vegetation be maintained along all rivers, and between rivers and forests, any areas of indigenous flora and habitats of indigenous flora and habitats of indigenous fauna to maintain the seasonal migration and movement of birds, all creatures. Increasing area of wetlands The restoration of existing wetlands and the construction of new wetlands be encouraged. Natural habitats The protection and restoration of natural habitats be encouraged. Planting native species • Where plantings are required to protect the margins for farmland adjacent to rivers, local native species should be used to restore habitats and depleted natural areas. • The planting of flax and other native species which are a source of traditional materials be encouraged. 13 • People be encouraged to build and manage wetlands to treat wastes for irrigating land, providing the natural water quality in the ground and in springs and rivers downstream is not lowered. The Takata Whenua say that the hills and mountains, the sources of our life giving waters, remain protected by the natural native vegetation Burning No burning of native vegetation. Clearance of native vegetation No logging or clearance of native vegetation. Tracking No scarring of the mountains with tracks and roads. Legal protection of heritage area People be encouraged to enter into heritage covenants with suitable incentives and compensation where appropriate. The Takata Whenua say that the management of Mahika Kai recognises and accounts for the traditional values and uses of resources by the Takata Whenua • • • • • • • • • Issues of use, control and ownership of Mahika Kai resources are resolved on the marae. Any management plans proposed be drafted in consultation with the Takata Whenua. The taking of Mahika Kai ceases until it is proven that the quantity, type and size of resources taken is sustainable and does not prevent the exercise of traditional uses by the Takata Whenua. Traditional values include the recognition of rahui. Traditional uses include the erection and use of eel weirs and other traditional means of taking Mahika Kai and the opening of river mouths. Seeding of shellfish (including freshwater shellfish), the protection of habitat and breeding areas. Restocking of coastal (kai moana) areas and the protection of habitat and breeding areas. Restocking of rivers, lakes, wetlands with indigenous fish and protection of habitat and breeding areas. Record of sites for the protection and/or restoration of Mahika Kai in riverbeds, coastal areas, the margins of waterways, natural water, which is subject to Canterbury Regional Council Rules. 14 3.5 Te Whakatau Kaupapa Te Whakatau Kaupapa was prepared in 1990 and predates the Resource Management Act 1991. This document contains a number of policies for the management of natural resources within the Canterbury Region. Areas of significance to this assessment include the policies in relation to fishing easements and for the management of waterways and mahika kai: Ngäi Tahu Fishing Easements That Ngäi Tahu should be permitted to develop projects on these easements, which reflect the original intention of providing an economic base for Tribal communities. General Water Policy Statement That no discharge into any water body should be permitted if it will result in contamination of the receiving water. That no lowering of water levels in identified waiwhakaheketupapaku (water burial sites) should be allowed. That the quality and quantity of water in all waterways be improved to the point where it supports those fish and plant populations that were sourced from them in the past and that these mahika kai are fit for human consumption. That the Canterbury Regional Council should actively encourage the disposal of effluent onto land rather than onto water, provided that the ground-water is not polluted in the process. Management Plans should be prepared for each river, their tributaries and catchments, and a coherent list of all water rights made, whether to abstract water or to discharge effluent. These management plans should be developed in consultation with the appropriate Rünanga, and only adopted with their consent. That when water rights to discharge effluent come up for renewal, investigations should be undertaken to determine if more modern technology would permit an improvement in the quality of any discharge. That in the case of abstraction, more efficient use of water be encouraged. Any water “saved” in this manner should be returned to the waterways to enhance river flows, and not reallocated to other users. That water right charges should reflect the extent to which the Canterbury Regional Council needs to monitor and supervise rights and ensure compliance. That methods of storing excess water, for example wetlands and dams, should be actively encouraged. 15 That wetland areas be created and expanded. All existing wetlands should be maintained at their present area at least in recognition of their value as “buffers” in times of high rainfall and also their crucial importance to fish and plant communities. That no further reclamation of wetlands be allowed. That those Rünanga which possess beneficial rights to a particular water body should be consulted on all management practices which will impact on that waterway or its resources. That Maori Advisory Committees at both Regional and District levels should be consulted before any Catchment Management Plan is adopted, and the Committee advise the Council of any issues of concern to the Tangata Whenua and any requirements to be met in the preparation of the plan. That agricultural and chemical spraying be prohibited in any case where the effects of such spraying will be to degrade the quality of any water body or affect the flora and fauna in the immediate vicinity of such water bodies. That the Canterbury Regional Council should encourage landowners or occupiers to plant vegetation on riparian strips to prevent contaminated run-off into any wetland, waterway or lake. Mahika Kai That the quality and quantity of water in all waterways be improved to the point where it supports those fish and plant populations that were sourced from them in the past, and that these mahika kai are fit for human consumption. That wetland areas be created and expanded. All existing wetlands should be maintained at their present area at least, in recognition of their value as “buffers” in times of high rainfall and also their crucial importance to fish and plant communities. Ngäi Tahu maintain that future planning procedures should consider the fact that areas such as wetlands are important mahika kai to Ngäi Tahu. Where productive mahika kai areas still remain, strong policies should be adopted to maintain and enhance them. The Canterbury Regional Council should support the attainment of access provisions where necessary. That local Ngäi Tahu be allowed to establish temporary camps for the purpose of collecting mahika kai during the appropriate seasons. That the local Rünanga should be involved in the management of all mahika kai resources, including fresh and salt-water fish. 16 That the Canterbury Regional Council actively encourage and support all initiatives to restock lagoons and other waterways with native fish species, and all initiatives to maintain those places as a suitable fishery habitat. 3.6 Te Rünanga o Ngäi Tahu Freshwater Policy Statement This Policy Statement has been adopted by Te Rünanga O Ngäi Tahu as an iwi planning document. The Statement outlines a number of priorities, objectives, policies and strategies for freshwater water management. The priorities and objectives that are set out in the plan are as follows: Waahi tapu To afford total protection to waters that are of particular spiritual significance to Ngäi Tahu Mauri Restore, maintain and protect the mauri of freshwater resources Mahika kai To maintain vital, healthy mahika kai populations and habitats capable of sustaining harvesting activity. Kaitiakitanga To promote collaborative management initiatives that enable the active participation of Ngäi Tahu in freshwater management. 3.7 Rangitata River Water Management Plan 1986 – 1996 The Rangitata River Water Management Plan 1986 – 1996 provides the framework for the abstraction of water. Te Rünanga o Arowhenua emphasised that this plan which was prepared under the Water and Soil conservation Act 1967 has no status under the Resource Management Act 1991. The fact that an out of date plan is still used by resource management agencies was of concern of Te Rünanga o Arowhenua. 17 4. NGÄI TAHU ASSOCIATION WITH THE RANGITATA CATCHMENT The best history by far is that provided by the people themselves. Information for this portion of the study was obtained from discussions with members of Te Rünanga o Arowhenua and from the written records of Ngäi Tahu. A standard format has been used for the seven subsections that follow: • the opening paragraph explains the relevance of the identified value to Ngäi Tahu; • the second paragraph discusses the value in the context of the Rangitata; • the third paragraph lists the impacts of the three management options on the identified value; and • the final paragraph sets out recommendations for addressing the concerns. The seven subsections in this chapter are: 4.1 Placenames; 4.2 The wider catchment; 4.3 Mauri; 4.4 Waahi tapu / taonga; 4.5 Mahika kai; 4.6 Trails; and 4.7 Kaitiakitanga 4.1 The history is in the placenames The traditional pattern of land and resource use is a longstanding one. The significance and time-depth of the relationship between Ngäi Tahu and the landscape is perhaps best reflected in the placenames assigned to culturally important locations throughout their tribal territory. Such names take their source from the earliest people, creation traditions, incidents, mahika kai resources, weather and tupuna. The long history of occupation and travel within Te Wai Pounamu has left many sites that are of significance. It has also enabled Ngäi Tahu to accumulate an extensive amount of knowledge of the water resources of catchments and the associated mahika kai resources. Collectively myths, legends and placenames were the medium by which Ngäi Tahu described and passed on both the nature of the resource and an assessment of its status. 18 4.1.1 The Rangitata Catchment Ikoa Tawhito (placenames) associated with the Rangitata Catchment that have been gathered for this report can be categorized as: • those describing the physical environment - waterways, mountains and ranges; • those naming settlements; • the food gathering sites (the areas the areas that supported the permanent settlements; • those associated with other activities. A few of the traditional placenames for the Rangitata are set out below Describing the physical environment • Te Awa a Atukua Havelock River • Huakina The island • Hororoa Towards the end of the island • Hapuiti A small creek • Hamua Coal Hill, Coal Creek • Hinewaikawa Boundary Stream • Te Tuna a te Whiwhi A stream that was dammed for catching eels – on the north bank halfway up the island • Hanui Kaika Just above Whiwhi • Katawai Blackmount, Black Birch Creek • Kurama South of Rangitata Mouth • Kauae Wiri A stream near the coast • Kahutawe Where the river is one stream before dividing • Koroki Ben McLeod • Maitane Site of the bridge • O Rae Korokio Bush Creek • O’Ue, Otama Tako, Kiri 3 lakes / lagoons at the head of the Rangitata • Rakitata ki uta Around Mesopatamia • Te Aika a wai Chapman’s Creek • Te Awa a te kapo iti The stream at Mesopatamia • Te Awa Manaina Clyde River • Totara Forest Creek • Whakatao Near where the railway crosses the river Permanent Settlements included: • Aikawa • Otuakiri • Te Maru Raki Whakatara • • Kura Mahaka On the north side On the south side of the river On the north side of the Rangitata Mouth A settlement from long ago To the south of Rangitata mouth 19 Food gathering sites “Camps followed the Rangitata River back to the foothills” (Anglem). Food gathering sites included: • Hakatarewa • Pupu a tuke • Huakina • Tawiri Toka • Hororoa • Takitaki • Mahine • Tutaewera • Okai • Te Wai a Pohatu • Onerewa • Te Aokahu a Tane • Ohapi • Te Pari Whakatau • Papatuanuku 4.1.2 Pattern of settlement It was possible for people to live in permanent settlements if there were sufficient resources available from the surrounding environment to sustain a resident population. Permanent settlements were supported by a number of food gathering sites. For example from the above list of sites we know that the permanent settlement of Otuakiri was supported by the following food gathering sites: • • • • • Papatuanuku Huakina Hororoa Kauae Wiri Te Pari Whakatau • • • • Pupu a tuke Tawiri Toka Te Wai a Pohatu Te Aokahu a Tane Foods gathered from these sites included: aruhe, para, kauru, eels, koutu, kauru. Kaika at the river mouth were significant and necessary for the occasions when the flow in the mainstem was so great that it was impassable. 4.1.3 Potential impacts of the three management options The physical presence of our tupuna throughout Rangitata Catchment, in particular their history of settlement and resource use is evidenced by the placenames. Ngäi Tahu placed names to remind them of their history and who they are. Sadly modifications to the landforms, landscapes and resources mean that many of these placenames are “displaced”. In many instances not only has the original name been lost but also the association between the place and the name. 20 Although it is difficult to distinguish between the effects of the three management options it could be argued that damming has the greatest impact in that the site or the physical characteristics of the area, as well as the association, is lost. 4.1.4 Recommendations Te Rünanga o Arowhenua recommend that: • Environment Canterbury agree with Te Rünanga o Arowhenua means of protecting, and where appropriate, promoting the use of traditional placenames. 4. 2 The Catchment as a Whole ‘He taura whiri kotahi mai ano te kopunga tai no I te pu au’ From the source to the mouth of the sea all things are joined together as one The intent of this sub-section is to consider the lands within the catchment that are valued by Ngäi Tahu, but which may not be considered by Environment Canterbury as “water management issues”. Ngäi Tahu see themselves as part of the environment, belonging to it and complementing other entities, both animate and inanimate. The shared whakapapa confirms that all things are from a common source. Ngäi Tahu retain the strong sense of indivisibility of humanity and nature. Ngäi Tahu perceptions of land, water and the resources they support can be represented as cultural landscapes which are culturally and geographically unique areas. In the context of management of the Rangitata Catchment it is necessary to consider the catchment in its entirety: from its source in the Southern Alps, its turbulent passage through the gorges, its network of tributaries and small creeks on the lower floodplains to its interface with the saltwater at the lagoon and along the coast. Ngäi Tahu believe that the interconnectedness of all things means that alterations to the health and welfare of any part of the catchment will directly impact on the health and welfare of the people. 4.2.1 The Rangitata Catchment The Southern Alps – the source of the Rangitata The extract Te Mauri o Te Waipounamu - the South Island comes into being, has been taken from the ‘Southern Maori in the Lakes District’ Exhibition and provides a description of the creation of the Southern Alps. 21 Mythology teaches us that there was no New Zealand. The great sea of Kiwa rolled over the place that is now Te Waipounamu. Before Rakietunei (sky father) wedded Papatuanuku (earth mother) each had children from previous unions. After the marriage some of Raki's children came down to inspect the new wife of their father. They were Aoraki, Rakiroa, Rakirua and Rarakiroa and they arrived from the heavens in the canoe called Te Waka-a-Aoraki. They proceeded to inspect Papatuanuku who lay as one body in a huge continent known as Hawaiki. When the explorers attempted to return to the celestial realms the karakia (invocation) which should have lifted the canoe back to the heavens failed and the canoe sank onto an undersea ridge, turning to stone and earth in the process. The voyagers climbed onto the high side of Te Waka-a-Aoraki and were turned to stone. Aoraki became Mount Cook and his three younger brothers are the three highest peaks near him. As the great canoe settled on its side it became the whole of the South Island whose oldest name is Te Waka-a-Aoraki. In this state it was not fit for human habitation and to remedy this problem a grandson of Rakietunei, called Tuterakiwhanoa was sent to shape the land. He brought with him three other gods named Marokura, Kahukura and Rokonuiatau. Tuterakiwhanoa inspected the great canoe and found things far from satisfactory. The prow of the canoe formed Marlborough Sound, the stern became the Southland Plains with the stern post making Bluff Hill. The eastern side was undulating with few places for anchorage and safe fishing. The western side was one long, high, unbroken line of jagged rock. Tuterakiwhanoa sent Marokura along the north-eastern coast to form harbours such as Kaikoura Peninsula and other fishing areas. Kahukura and Rokonuiatau were sent south with the same instructions and formed Otago Peninsula and the harbours and bays around the south-east coast. Tuterakiwhanoa formed Banks Peninsula but his greatest achievements were to be on the difficult terrain of the West Coast and Fiordland. After working hard on the West Coast Tuterakiwhanoa turned his attention to the majestic unbroken wall of rock from Milford Sound to Puysegur Point. His intention was to create a few openings to let in the sea but it was an daunting task. Tuterakiwhanoa firmly placed his feet and grasped his gigantic axe, Te Hamo, and set to work to chop into this great mountain wall. To assist him he repeated the karakia (invocation) Tapatapa-te-tapahi which commanded the rocky wall to split into pieces. After much effort Tuterakiwhanoa formed the fiords, valleys and passes of Fiordland. Many of the Maori names in this area refer to this gigantic man and his many famous deeds. His last act in Te Wai Pounamu was to plant gifts of a celestial nature in the form of grasses, shrubs and trees to beautify the land. Maunga Ngäi Tahu consider mountains sacred places, each has its own whakapapa and is central to Ngäi Tahu cultural identity. Although it is not appropriate to include whakapapa in a report 22 such as this many of the ranges in South Canterbury are associated with the Arai-te-uru waka including: • • • Tarahaoa (Mount Peel) Little Peel The Four Peaks Mountains are also important because they are the source of many waterways. Runoff from the mountains and ranges is carried into waterways and then continues on its journey “ki uta ki tai” (from the mountains to the sea). The continuity of this journey, in other words the continuity of the flow of water, is essential for ensuring the wellbeing of the mauri of the waterway. The protection of Tarahaoa in particular, the water sourced from it, the receiving waters of the Rangitata River, and natural resources supported by either the land or the water, is one of the most important issues from the perspective of Te Rünanga o Arowhenua. The fact that the Tarahaoa is inextricably linked to all other values associated with the Rangitata, makes protection of this catchment even more urgent. The Gorges One interviewee described the Rangitata River as “wild … turbulent”3. Passing through the gorges of the Upper Rangitata the river is at its turbulent best. The water, rushes over large boulders, through narrow gorges. The rapids, the whitewater and the sheer volume of water gave the Rangitata its unique character. Further you understood why this river demanded respect. Today these features are highly valued, not only be Ngäi Tahu transporting the kai they have gathered downstream on mokihi, but by the recreators attracted by the opportunity to ride rapids that depending on the flow could be graded as high as Grade 5. Although the gorge was dangerous, the bush clad hills yielded resources that were used and highly valued by Ngäi Tahu. The Lower Floodplain Te Rünanga o Arowhenua commented that the lower floodplain was slightly more “user friendly” that the upper reaches. It was characterised by a network of small creeks and tributaries that could be easily worked, especially the creeks on the south side of the mainstem (Waaka, 2000). Kapunatiki Creek was highly valued for its mahika kai. Coastal Area There used to be big lagoon down there…There used to be a kaik on either side, the same as the Rakaia (Davis, 2000). 3 B Reihana (Interview November 2000). 23 Te Rünanga o Arowhenua members recalled fishing at the lagoon and just offshore from the mouth of the Rangitata. They commented that the lagoon used to “three times the size that it is now … used to have boat regattas, water skiers, swimming, yachts … now there is only room for one boat” (Wilkie, 2000). The lands from the lagoon to the current State Highway were a significant mahika kai because they were swampy (Waaka). This area was part of an extensive wetland area that stretched along the coast from the Rangitata to the Ashburton and as far inland as the Main road. Sadly most of this wetland has been drained. A reserve of approximately 650 acres, administered by Maori Trustees, lies within 3 miles of the rivermouth (Waaka, 2000). McKinnon Creek McKinnon Creek is significant because it is characterised by: • A consistent flow; • Riparian vegetation with plenty of overhang that protects instream flows and habitats; • Eels have been taken from the creek; • High water quality; and • Gravels on the riverbed that are largely free of sediment. Te Rünanga o Arowhenua believes that these characteristics should be protected. 4.2.2 Observed impacts Te Rünanga o Arowhenua advised that the Rangitata Catchment has undergone extensive land altering developments in the past including: • • • • • • Abstraction of water for irrigation enabling more intensive farming; Drainage of wetlands to enable use of the land, principally for farming; Construction of the Rangitata Diversion Race; Conversion to dairying; Diversion of McKinnon Creek; and Establishment of the infrastructure necessary to support farming activity in the area. All of the above developments have had a major impact on the potential for the land and the river to sustain traditional Ngäi Tahu cultural values and practices. ..Te Rünanga o Arowhenua acknowledge that much of this past disturbance is irreparable in that these lands and waterways may never be restored to their original condition. Original habitats for both aquatic and terrestrial resources have been impacted, original stream channels have been altered and some areas are at risk of becoming polluted as a result of changing land utilization, of immediate concern is the increase in dairying. The context of the present assessment was, therefore, a nonpristine, non-original natural setting. 24 4.2.3 Potential impacts of the three management options Damming the river Te Rünanga o Arowhenua has identified the following as potential impacts of a dam on the lands within the Rangitata Catchment • • • • The unique character of the gorge would be lost. The balance between mountains, ranges, river and land that collectively give the Rangitata it uniqueness would be lost. Lands would be inundated. Terrestrial habitats would be lost. Water Conservation Order The intent of the WCO, as expressed in the application by the New Zealand Fish and Game Council is to set a baseline that should prevent further deterioration of the catchment. However the baseline that will be set in the WCO is the status quo. As the subsequent sections of this chapter will illustrate, Te Rünanga o Arowhenua believe that the catchment has already been adversely impacted by previous water management regimes and that any future course of action needs to include an active habitat restoration programme and a review of all existing resource consents. One of the perceived shortcomings of the WCO is its limited scope to address land management issues and in effect start to undo some of the damage that has resulted from decades of inappropriate use. Abstraction of more water from the river Te Rünanga o Arowhenua members interviewed were unanimous in their belief that continued abstractions from the river on an ad-hoc basis would decimate what remains of the Rangitata River. Abstraction of water from McKinnon Creek This creek could sustain some abstraction but the following characteristics should be protected: • A consistent flow; • Healthy riparian vegetation to protect instream habitats; • Mahika kai values; • High water quality; and • Gravels on the riverbed. 4.2.4 Recommendations Te Rünanga o Arowhenua wants to see the following adverse effects avoided: • Any modification to the headwater tributaries of the Rangitata; • Any modification to the character of the gorges of the Upper Rangitata; 25 • • • • • Any deterioration to the quality of water in the Rangitata Catchment, this includes all tributaries and the mainstem; Dewatering of tributaries on the floodplain, in particular those on the south side of the mainstem; Diversion of tributaries of the Rangitata River; Dewatering and / or diversion of McKinnons Creek; Developments on maunga that are of particular significance to Te Rünanga o Arowhenua. Te Rünanga o Arowhenua further recommends that: • Environment Canterbury adopt a catchment management approach so that the integrated management of land and water resources in the Rangitata Catchment be addressed, not solely the water management issues. 26 4.3 Mauri Ko te wai te ora nga mea katoa Water is the life giver of all things Traditionally, life came into being when Maku mated with Mahoranuiatea, another form of water and begat Rakinui, the sky. Rakinui coupled with a number of wives, including Papatuanuku. From Raki’s various unions came vegetation, animals, birds, the mountains and people and a host of departmental atua. Ngäi Tahu claim the same descendency from Raki and his wives. Whakapapa then, binds Ngäi Tahu to the mountains, forests and waters and the life supporting them. In this way, all things are considered to have mauri (life force) and to have a geneaological relationship with each other. People are therefore related to the natural world. Spiritual beliefs and practices are included in Ngäi Tahu traditional values and controls relating to water recognise and reinforce the importance of water in all aspects of life. The condition of water is seen as a reflection of the health of Papatuanuku, the Earth Mother. A waterbody with an intact mauri will sustain healthy ecosystems and support mahika kai. The mauri is the life force that ensures that within a physical entity … that all species that it accommodates will have continual life … The mauri is defenceless against components that are not part of the natural environment (Massey University, 1990). “Mauri seems to be whatever it is in an ecosystem which conduces to the health of that ecosystem” (Massey University, 1990). Of concern, from the perspective of Ngäi Tahu, is that the mauri is subject to desecration. The loss of mauri is recognised by the degraded nature of the resource and the loss of its life supporting capacity. Ngäi Tahu believes that every effort should be taken to ensure that the mauri of a resource should not be desecrated. From a resource management perspective it is important to realise that natural disasters cannot harm the mauri only those resulting from the actions of man. The mauri of a waterway is unable to protect itself against unnatural aspects of the environment such as abstractions, diversions, cross mixing of waters from different catchments and dewatering which are the type of effects that are experienced in the Rangitata. 4.3.1 The Rangitata Catchment The adjectives that were used by members of Te Rünanga o Arowhenua to describe the river provide a summary of the mauri of the Rangitata River – wild, turbulent, fast, furious, massive, big boulders, snow fed. 27 Te Rünanga o Arowhenua confirmed that the Rangitata River was quite distinct from other rivers in South Canterbury. A few of their comments are set out below: • • • • • • The natural flow was in the summer and in the spring when the melt was on … there is almost nothing in the winter. It has a hydrology of its own…60 –75 cumecs is normal in winter but with the melt it gets up to 200 cumecs (Waaka, 2000). The Rangitata was big (Anglem) It was a big river and there was always plenty of fish. It was a beautiful, beautiful place to go (O’Connor); The Rangitata is snow fed, very clear … only turns muddy when in flood .. you could drink the water … maybe not now (Benson) Even trying to run the river in a mokihi, you had to know what you were doing (B. Reihana) McKinnon Creek has been diverted (Waaka, 2001). 4.3.2 Observed impacts A massive river gone down to a trickle … Far too much is going off to irrigation …River flows have gone (Boulton). When you look at the Rangitata at the Main Road today it is a long way short of what it used to be (Anglem). The protection of mauri is vitally important to Ngäi Tahu. The integrity of the waterways on which their survival and their cultural identity depends must be protected. Unfortunately members of Te Rünanga o Arowhenua believe that the Rangitata River has been adversely impacted by the following activities4. Inappropriate flow regime • I have seen it ankle deep and walked across it … it was wide but ankle deep. It could happen again (Boulton). • Now after Christmas it is no bigger than the Opihi (O’Connor). • The land is wet but the rivers are dry (Wilkie). • The lack of flow fluctuations was also highlighted. It was acknowledged that the river did experience periods of low flow, however these were in the winter and spring before snow melt augmented the flow in the river. Concern was expressed at what was perceived as an interruption to the natural fluctuations of the Rangitata. 4 These observations are taken from discussions with members of Te Rünanga o Arowhenua and are supported by written transcripts. 28 Channelisation / stopbanks / river protection • The lack of a catchment wide approach to river protection works was identified as a source of concern. One side of the river has been protected by willow planting. As a result the river has started to scour out the other side … land has been lost (Wilkie). • Te Rünanga o Arowhenua has observed that the dewatering of the streams and creeks on the south side coincided with the construction of the stopbank that diverts water from the south branch. A lot of the creeks east of the State Highway were full to the beam (Reihana, 2000). They were all dried up cos they stopped the south branch of the Rangitata going down…they diverted the water…if the water was going down all the streams would be running again (Waaka, 2000). Abstraction of water • Abstraction is hurting … the total take puts a strain on the side streams that run into the mainstem .. There is water being wasted (B. Reihana). • I reckon the cocky has enough bloody water taken off everything now … used to be a beautiful river but it is like the Opihi – its buggered (Rehu). • Te Rünanga o Arowhenua are particularly concerned that the RDR is illegally taking water. They contend that the RDR is legally entitled to take 27 cumecs approximately NOT 30 cumecs. Water, which should be left instream, is being taken from the river illegally. Drainage Te Rünanga o Arowhenua commented that wetlands have been drained. The habitat that they afforded mahika kai species has also been lost. The one example that has already been mentioned is the loss of the swamps that extended from the coast to the Main Road. Dewatering The “mountains to the sea” philosophy was explained earlier. Unfortunately the RDR and channelisation works undertaken in the Lower Rangitata Floodplains has resulted in many of the creeks on the south side being dewatered. Central to the protection of the mauri of a waterway is the continuity of flow from the mountains to the sea. Unnatural dewatering is an affront to Ngäi Tahu cultural values, in particular their obligation as tangata tiaki to pass on healthy waterways, with an intact mauri, to future generations. Cross mixing of water Water from the Rangitata is intercepted and taken into a water race that runs across the landscape for many kilometers and is discharged into a watercourse that are not its natural receiving waters. The tragedy of the whole thing is that the water from the Rangi goes north .. nothing goes to the South Canterbury side (O’Connor). Cross mixing of water from different waterways, which may have distinct mauri, adversely impacts on cultural values (B. Reihana). 29 Coastal environment • The lagoon used to be 3 times wider than it is now … The sea is pushing the shingle in closer and closer … The composition of the coastline has changed (Wilkie) • The low flow has changed the erosion pattern at the mouth…It is the lagoon that is holding everything together (J. Reihana). • Gravel has built up at the lagoon. This is because of insufficient flow (Waaka). • The coast is gone … washed it away on the north side … they made a channel to make it go out the other way (Benson). • B Reihana commented that the boulders on the beach used to be up to a foot in size. Now it is “down to nothing”. The beach has gone from a “boulder beach to one of sand/silt. The flows in the river are considered insufficient to carry the big boulders down to the coast. • If freshwater doesn’t flow down the river to the sea you have a problem at the marine environment as well…the elephant fish need to come in to spawn. If the freshwater isn’t there it is detrimental to them. Elephant fish lay eggs along the coast…when a kid you could walk along the coast and pick up the egg cases …you’re lucky to find any now. (Wilkie). Catchment impacts Ngäi Tahu know that waterways change biologically from the headwaters to the sea, just as they change physically. Further they understand that that the tributaries of a catchment are the most vulnerable to disturbance. These small streams are seen as being of vital importance as they help determine the quality and quantity of water, and the control of sediment and nutrients for all downstream reaches and in the coastal environment. • Big rocks in the river should have a clear shot to the sea cos they build up the barriers on the coastline…a lot of the coastline isn’t being supplied with big rocks anymore…a whole lot of them have to reach the coast to provide protection (B. Reihana). • Te Rünanga o Arowhenua believes that many mahika kai species need access to habitats in the tributaries and some need access to the lands themselves. “Whitebait have to have access to grasses to lay eggs …eels eat worms” (Wilkie). The observation was made that the reduced flows in the catchment impact significantly on the tributaries and small creeks, in particular their reduced width in the river channel means that the access for eels and whitebait to the adjacent lands is very limited. • The centre of the fairway is clogged5 (Wilkie). • Te Rünanga o Arowhenua is concerned at the effect of the RDR releasing the sandtrap on the receding flood flow. When the flow receded the sand settles, impacting on habitats, in particular spawning grounds. Water quality Te Rünanga o Arowhenua identified a number of activities that they believed put the water quality of the Rangitata River at risk. The application for a WCO highlights the high quality of freshwater resources within the catchment however Te Rünanga o Arowhenua contend that the 5 In section 4.5.1 the importance of the riverbeds as habitat for nesting birds is recorded. reduces habitat and impacts on tis value as a mahika kai. A clogged riverbed 30 following activities need to be assessed as part of this process to ensure that risks are to be avoided: • There are numerous baches at the river mouth. Their management of sewage and other waste needs to be monitored. • There are public toilets at the river mouth. The effectiveness and this system needs to be reassessed. • Arundel has a landfill within the riverbed. Although it is a closed landfill it is still being used on an informal basis. • The Motor Camp at Peel Forest is on the river flats. The effectiveness of this sewage system needs to be reassessed. • McKinnons Creek at the bridge by the pumphouse has some sediment on the riverbed gravels. This runoff from farm tracks and the dairy farm infrastructure must not detract from the high quality of water in the creek. 4.3.3 Potential impacts of the three management options Damming the river Te Rünanga o Arowhenua has identified the following as some of the potential impacts of a dam on the mauri of the Rangitata River. • A dam would interrupt the continuity of flow from the mountains to the sea and conflict with the Ngäi Tahu philosophy of “Ki uta ki tai” • The concerns expressed by Te Rünanga o Arowhenua with respect to the loss of the natural fluctuations in flow would not addressed. Although it could be argued that the management regime for flows downstream of the dam could include fluctuations, if the priority is to have water available for irrigation, there is no certainty that the operators of the dam would agree to a regime that mimics the natural flow rhythm. • A minimum flow would need to be determined for the discharge below the dam. Te Rünanga o Arowhenua want more than minimum flow set. Their priority is setting a flow regime that maintains the health of the river. This is substantially more than simply setting the minimum flow. • Aquatic habitats would be destroyed or modified. • There are no guarantees that the instream values will be restored or enhanced from incatchment storage if the principle use of the water is irrigation. • The freshwater stream along the coast is important for coastal species. Damming the river will impact on the coastal environment (Wilkie). Although this report was to identify positive impacts as well as negative, Kelly Anglem, (Te Rünanga o Arowhenua) provides the justification as to why it is difficult to identify the positive impacts of damming the river “I look at the Waitaki and I don’t see that it has done anything from our point of view … they’re still arguing about getting elvers to the lakes … and getting the eels back down”. 31 Water Conservation Order Te Rünanga o Arowhenua want to halt the degradation of the Rangitata River. However preserving the status quo is insufficient. The observations of Te Rünanga o Arowhenua, as recorded in this report, confirm that the river is under stress as a result of the current management regime. It is therefore difficult to see how the status quo will address the adverse impacts that have been identified. Abstraction of more water from the river Te Rünanga o Arowhenua believe that the mauri of the Rangitata River is adversely impacted by the current regime, in particular the current level of abstractions. Further abstraction of water is not supported. “The RDR has a tradition …but if there are other schemes to come in it places a heavy strain on the river itself and it will not be able to sustain it….surely we must be almost at saturation point. How much more do they want? ”(B. Reihana). Te Rünanga o Arowhenua further believe that McKinnons Creek has distinct characteristics that should be protected. 32 4.3.4 Recommendations Don’t touch it anymore because they are already taking a large amount of water out of it already. (Reihana, 2000). No new abstractions and more efficient use of existing takes (Waaka, 2000). Improve the flows (Davis, 2000). Te Rünanga o Arowhenua wants the following adverse effects avoided: • Dewatering of streams and wetlands throughout the catchment; • Unnatural discharges6; • Unnatural flow regimes in the mainstem and tributaries, in particular the extended periods of low flows with limited flow fluctuations; • Changes to the sediment flow and patterns of deposition in the main river channel and at the coastal area; • Changes to the size of the lagoon and the nature and composition of the river mouth itself; • Channel modification; • Erosion and changes to the size and composition of the lagoon and coastal margin; • Loss of mahika kai habitats and mahika kai species; and • Any deterioration to the quality of water in the Rangitata Catchment; Te Rünanga o Arowhenua further recommends that Environment Canterbury: • review of all existing activities, in particular: o Abstractions; o Diversions; o River protection works; and o Damming; • Focus the review of resource consents to abstract water on the efficient use of the resource. • Review the efficiency of stock water systems7. • Ensure that Te Rünanga o Arowhenua has full participation in the planning and design of any future river works. • Develop a research programmes that: o assess the cumulative effects of all abstractions; o investigate the sediment movement and deposition in the Rangitata catchment; 6 Te Rünanga o Arowhenua expressed concern at the conversion to dairying and the resultant risk of a deterioration of water quality of both the mainstem and the tributaries. The availability of water for irrigation is seen as one of the “drivers” that is enabling this type of conversion. 7 The inefficiency of stock water systems was raised as a particular concern at the hui held with members of Te Rünanga o Arowhenua. 33 o o 4.4 investigate the feasibility of setting limits for the number of dairy stock units in the Rangitata Catchment; investigate the changes that have taken place at the river mouth and identifies the likely changes over the next 50 years. Waahi Tapu / Waahi taoka For Ngäi Tahu, the term waahi tapu or waahi taonga refers to places that hold the respect of the people in accordance to tikanga. Some sites are of tribal significance while others are important to the hapu and whanau who visited, lived at, or had special affiliations to that area. Urupa are the best modern day example of waahi tapu. In addition to many urupa located in South Canterbury, physical resources such as the mountains8 and the ranges, other landforms, springs, remaining areas of indigenous vegetation are other examples. 4.4.1 The Rangitata Catchment Within the Rangitata Catchment sites of significance include: • Middens on the north side of the river, at the base of the cliffs near the lagoon. Middens have only been found on the one side of the lagoon but members of Te Rünanga o Arowhenua believe they would have been on both sides of the lagoon given that there were kaika on both sides. • There were moa camps at the mouth ….rock drawings have been found in the hills (Waaka). • Moa bones have been recovered from sites at Ben McLeod Station. • Umu (ovens) have also been found on Ben Mcleod Station. • Although not identified in this report or on the map, there are numerous urupa within the catchment. There are numerous historical references to a “burial ground” or a ‘burial place”. • Other sites in the catchment are described as: o “a fort with an altar” o “a sacred altar” o “a place where religious rites were carried out. 8 The significance of Tarahaoa, Little Peel and the Four Peaks has already been outlined in section 4.2 34 4.4.2 Observed impacts The principal concern of Te Rünanga o Arowhenua is that changing land uses and the move to more intensive farming regimes has contributed to the loss of sites and, of equal concern, the loss of access to sites. 4.4.3 Potential impacts of the three management options Te Rünanga o Arowhenua has identified the following as potential impacts on waahi tapu / taonga within the Rangitata River. Damming the river Damming would result in the loss of sites of significance. Water Conservation Order The emphasis with a WCO is protection. This should complement the protectionist mechanisms available within the Historic Places Act, the Resource Management Act and complement Ngäi Tahu initiatives. Abstraction of more water from the river The protection of sites of significance would be dependent on the existing means of protection and, with respect to the discovery of any sites, the good will of the discoverer. 4.4.4 Recommendations Te Rünanga o Arowhenua want the following adverse effects avoided: • damage or loss of waahi tapu and waahi taonga Te Rünanga o Arowhenua further recommend that: • Environment Canterbury require all applicants for a resource consent, that may impact on waahi tapu/waahi taonga to consult with Te Rünanga o Arowhenua to obtain their approval; • Consultation between Te Rünanga o Arowhenua and Environment Canterbury be undertaken to identify some practical means of protecting waahi tapu and waahi taonga. • Explicit conditions be included in resource consents that avoid the damage or loss of waahi taoka, waahi taonga. 35 4.5 Mahika kai The section focuses on Ngäi Tahu resource use, starting with a discussion of the traditional seasonal cycles of the mahika kai as it pertains to South Canterbury. This is followed by an examination of the changes to these lifeways. 4.5.1 Traditional Seasonal Behaviours South Canterbury was recognized as a land of abundance, a land rich in freshwater resources and a diversity of plant, fish and bird species. Rich freshwater and terrestrial resources were geographically dispersed and their availability varied seasonally. The abundant resources were concentrated spatially and temporally throughout the territory and throughout the year. To survive, Ngäi Tahu people developed patterned movements throughout their traditional territories. These seasonal cycles enabled the people to harvest available resources, store them for periods of scarcity, and to integrate these subsistence pursuits with cultural activities. The yearly cycle of the mahika kai reflects the changing seasons, the changing resources and the sophisticated strategies developed to deal with periods of abundance, as well as times of scarcity. Seasonal activities that were specifically referred to by members of Te Rünanga o Arowhenua included: • • • • eels, taken in the greatest numbers during the heke; whitebait; salmon; and eggs which were taken at Labour Weekend. “If you wanted the big eggs you had to walk the riverbed – the big gulls nest there (Benson). Most went in the horse and cart. It was a big thing … went to the site of the Rangitata huts (O’Connor). All the streams would have had whitebait, kanakana and all other sorts of things .. all the braids would have (Davis, 2000) 36 4.5.2 Changing Seasonal Rounds The "traditional" seasonal activities of the Ngäi Tahu were planned and patterned, designed to make the most of abundant freshwater and terrestrial resources, which were seasonally diverse and geographically disperse. The arrival of European explorers and settlers and the subsequent modification and loss of traditional territories together with the depletion of treasured resources and sites altered the Ngäi Tahu “traditional” pattern, which had sustained Ngäi Tahu for hundreds of years. The result was the alienation of Ngäi Tahu peoples from their traditional resource base and lifeways. Despite these changes, it is important to emphasize that the cultural values and traditional mahika kai behaviours have survived. Mahika kai remains a cornerstone of Ngäi Tahu culture and identity. This is not to imply that developments and modifications, which have displaced the Ngäi Tahu peoples and have a had serious impact on their cultural identity, as well as their socioeconomic status, are acceptable. Rather, it is to stress the fact that the freshwater and terrestrial resources, valued by Te Rünanga o Arowhenua as mahika kai, continue to be "absolutely necessary" today. Although the number of sites available to Ngäi Tahu has reduced and the abundance and diversity of mahika kai species is also reduced, mahika kai continues to play a vital role in the health and well-being of Ngäi Tahu. 4.5.3 Use of the Rangitata Catchment In the previous section, we outlined, in a general sense, the history and nature of traditional Ngäi Tahu use of South Canterbury, emphasizing that although what is termed the "traditional" activities has been altered, the basic pattern persists and resources from the land and the freshwater continue to play a prominent role in Ngäi Tahu lifeways. In this section, we identify the species that are valued by Ngäi Tahu as these will provide the context for considering the impact of the three management options. (a) Plant Resources of the Rangitata The contributions of plant resources of the Rangitata to Ngäi Tahu are often overlooked and undervalued in discussions of traditional resource use. However, the significance of plants as foods, medicines and materials used in the lives of Ngäi Tahu must be recognised. Ngäi Tahu utilized many species of trees, shrubs and herbaceous plants, as well as a variety of ferns, mosses and lichens. 37 Some of the valued mahika kai plant species are identified in Table 1. Plants are listed by their Maori name and then their common name. Table 1: Plant species known to be sourced from the Rangitata Nga Rakau Plants Aruhe Tutu Raupo Kauru Harakeke Fernroot Tutu Bulrush Extract from the Cabbage tree Flax Berries Product from raupo Seaweed Koareare Rimu Taonga species * * * * * Schedule 97 of the Ngäi Tahu Claims Settlement Act 1998 identifies a number of species that are classed as taonga species. In section 288 of this Act “The Crown acknowledges the cultural, spiritual, historical and traditional association of Ngäi Tahu with the taonga species”. Taonga species are marked in the Table 1 – 5 by the * (b) Freshwater Resources Freshwater resources formed a fundamental component of traditional lifeways, and remain important to contemporary Ngäi Tahu. Perhaps more than any other group, Ngäi Tahu have witnessed first-hand the adverse impacts of activities on the freshwater resources of South Canterbury, impacts which have directly and drastically altered their traditional practices. Most of the fishing was done on the south side cos of safety concerns … Fished from the Rangitata .. pre war it was one of the great rivers .. used to bike out there and camp on the river … There was always big eels in the Rangi but if you caught them they were too hard to bring home (O’Connor) Tuna (eels) were perhaps the most important freshwater resource to Ngäi Tahu. Their abundance and the predictability of their migrations made them the cornerstone of seasonal subsistence activities. In 1944/45 the south branch was running then – about Opihi size but it did get quite low … that’s where we got most of the eels and did whitebaiting as well (Anglem). 38 Table 2: Fish Species known to be sourced from the Rangitata Nga Ika Fish Patiki Kokopu Koura Koukoupara Kanakana Hapuka Para Kaeo Taharaki Inanga Flounder Giant bully Freshwater crayfish Taonga Species * Lamprey Sandfish Sea tulip * Whitebait Information pertaining to the present day abundance and distribution of each of these species, is unknown and should be determined as part of the wider of environmental effects for each of the management options. (c ) Birds of the Rangitata A variety of birds also contributed to the seasonal subsistence of Ngäi Tahu. Birds were hunted for food, as well as for their feathers and down. Unfortunately, birds, like the other mahika kai resources, are not as plentiful as they once were. “Pluckies – there were a lot more of these in the Rangitata (Anglem). “It was used as a foodstore cos of the birds that nested there and over at the far side under the terrace … there were a lot of ducks” (B. Reihana). Table 3: Bird Species known to be sourced from the Rangitata Catchment Nga Manu Birds Parera Pateke Putakitaki Kowhiowhio Kukupako Tata Weka Grey duck Brown teal Paradise ducks Blue duck Species of bird Species of bird Woodhen Forest birds Birds eggs Taonga Species * * * * * * * 39 (d) Introduced species Table 4: Introduced species known to be sourced from Rangitata Catchment Introduced species Trout Rats Salmon Potato Turnip (d) The Continuing Importance of mahika kai resources The information presented here, although not exhaustive, is sufficient to demonstrate the depth and strength of relationship between Ngäi Tahu and the mahika kai resources of the Rangitata, a relationship developed through centuries of wise use and management. Many different species were collected and prepared for a variety of uses, ranging from foods, medicines, spiritual needs and materials. Unfortunately, many of the mahika kai resources are no longer available or accessible to the Ngäi Tahu. Of the vast number of mahika kai areas and species traditionally utilised, few remain accessible today. Irrigation in particular has contributed to the loss of mahika kai because it has enabled the development of inland areas for farming and changed not only the landuse but the intensity of that land use. These changes, together with the impact of damming, diverting and abstracting water, have directly impacted on the habitat of mahika kai species. McKinnon Creek continues to be fished today. The instream conditions afford good habitat for eels. Although access is with the permission of the landowner, eels are gathered from the creek. 4.5.4 Observed impacts Ngäi Tahu have observed with concern the increasing demand for water to be abstracted from the waterways in the Rangitata Catchment and the corresponding decline in mahika kai resources. In addition to the impacts that are listed in section 4.3.2, observed impacts include: 40 Modifications to the waterways and the resultant loss of habitat. The decline in water quantity as a result of water abstraction has adversely impacted the habitat of mahika kai species. • All these braids…all the sites, having water in the river maintains flow in the tributaries…that doesn’t happen today (Davis, 2000). • In the river there is not much cover for eels (Benson) Changing land use – loss of habitat Instream river conditions are determined by processes occurring within the catchment and cannot be isolated or manipulated out of this context. A waterway with an intact mauri requires the river to have a complete community of native organisms and a full range of biological processes. On other words waterways support a diverse thriving community of plants and animals. Abstractions to meet irrigation demands have enabled a change in land use type and intensity which in turn have adversely affected mahika kai habitats. • The creek that ran along the bottom of the terrace was swampy…caught whitebait there. It has all changed (Wilkie). • The creeks have all dried up and turned to farmland (Waaka). • The habitat is going …the river almost dried up last year” (Boulton). Abundance and diversity of mahika kai species has changed It is a healthy mauri that causes fish to be abundant in a waterway and available for harvest and sustenance. This report identifies the species that were gathered from the catchment. Modifications to the river have impacted on two primary elements of mahika kai resources – desired species composition and desired stocks of each species. • “This is probably one of the biggest supporters of the long fin fishery of any river that we’ve got…migration of eels that come in November, could walk across the water or. Over the years they’ve slowly got less and less….We could go and catch a limit bag of trout. You lived on trout, whitebait, flounder and eels. You cant do that anymore…The flounders aren’t there…The birdlife has decreased …with wrybill and dotterel only see the odd one or two now… Black backed gull colonies have changed with the infestation of broom.” (Wilkie). • For all species there is a lesser amount now than 50 years ago (Benson). • Eels were caught in the creeks on the south side and not so much in the main river (Waaka). These creeks are now largely dewatered due to the stopbank that directs flows away from the south branch. 41 Health of fish The condition of fish species is an indicator of the health of a waterway. With the modifications to the Rangitata it is not surprising that Te Rünanga o Arowhenua members commented that ‘we get a lot of deformed fish now” (B. Reihana). Effects felt throughout the catchment Ngäi Tahu believe that modifications to the inland catchments, of which the irrigation schemes are a significant contributor, are responsible for the deterioration of river reaches downstream. • Water flow will have an effect on fish at the coast that come to breed (B. Reihana). Passage There are three aspects to fish passage: 1. Many of the structures constructed to enable the abstraction or diversion water from the waterway to the irrigation races act as barriers that prevent the migration of mahika kai species. This impacts on species abundance and distribution. 2. Low flows in the catchment also limit passage. Because flows spread out over the width of the river, the depth of water can be insufficient to enable passage throughout the catchment. The flows in the river must be deep enough to enable the movement of fish within waterways and from the mainstem to the tributaries. 3. The river flow must be sufficient to keep the river mouth open. 4.5.5 Potential impacts of the three management options Te Rünanga o Arowhenua has identified the following as potential impacts of a dam on the mahika kai of the Rangitata River. Damming the river • The need for flow fluctuations was identified. “If we don’t have fluctuations and natural fluctuations we lose will our native fishery. It will disappear”(Wilkie). However, as explained earlier, it is considered unlikely that an appropriate flow regime could be developed. • Passage for migratory species would be prevented. • Aquatic habitats would be lost or modified. • There is no guarantee that the flows in the river below the dam would be sufficient to sustain the fishery. Water Conservation Order The WCO is intended to halt the degradation bit there is no guarantee that the mahika kai values will be restored or enhanced. 42 Abstraction of more water from the river Further abstraction is not supported. Taking anymore will just decimate what little we have..…If the flow decreses access for native species to habitats in the tributaries and small creeks will be affected (Wilkie). 4.5.6 Recommendations Every effort must be taken to avoid the following adverse effects: • Loss / dewatering wetland areas; • Loss of mahika kai habitats through low flows and dewatering in mainstream and tributaries; • Low flows increasing the temperature of water; • Loss of mahika kai species; • Change in the lagoon and coastal environment; • Deterioration of water quality; • Loss of fish passage: o At the river mouth; o In the mainstem (because of insufficient depth); o To the tributaries; and o To the adjacent lands (grasses for inanga spawning etc). Te Rünanga o Arowhenua further recommend: • That a conscious effort be undertaken to ensure that steps are put in place to reverse the history of degradation and alienation. As noted earlier, Te Rünanga o Arowhenua wants to see a commitment to: o The restoration of significant mahika kai habitats; o Ensuring the efficient use of irrigation water. o Setting a limit to allocation. The allocation can only be determined once the quantity needed instream to sustain healthy mahika kai is agreed. • Environment Canterbury require all applicants for a resource consent, that may impact on mahika kai to consult with Te Rünanga o Arowhenua to obtain their approval; • That Environment Canterbury and Te Rünanga o Arowhenua develop and agree: o conditions that can be placed on resource consents that will avoid adverse effects on mahika kai o restoration and enhancement activities that are to be undertaken. 43 4.6 Trails Te Wai Pounamu was covered with an complex system of trail and access routes. These linked the various Ngäi Tahu settlements to the social and economic life of the tribe and tied them into networks of trade which extended well beyond the South Island. Trails were not just routes across terrain, they had to follow food resources. While preserved food, such as dried fish, could sustain travelers in a hurry, families traveled at a slower pace, stopping for different periods of time at places where eels were plentiful, weka easily caught, or some other food obtainable. Knowledge of the route included knowledge of where all these foods could be taken. Most of today’s transportation routes follow old Ngäi Tahu trails. Trails are an indicator of how far and where Ngäi Tahu traveled, and the purpose of an often long and arduous journey. Knowledge of these trails continues to be held by whanau and hapu and is regarded as a taonga. 4.6.1 The Rangitata Catchment The trails followed a variety of routes: • A trail went north along the coastal plains to Kaiapoi and onto Kaikoura (Waaka, 2000). • There was also a trail to the West Coast via the Upper Rangitata (Waaka, 2000). • Travellers could pass over the saddle to the Upper Ashburton or the Upper Rakaia (Waaka, 2000). • Tarahaoa was a wahi tohu. It provided guidance for those on route to the West coast and to Kaiapoi • For those traveling north or south via the Upper Rangitata Catchment, this route was referred to as the “war trails”. The parties could move through the back country discretely with the movement not being observed (B Reihana, 2000). • For those traveling north along the coastal plains, the small creeks on the south side of the river were especially important as a source of mahika kai. If the river was unpassable it may have been necessary to “rest until able to cross” (Benson). Also it was advisable to replenish stocks at these sites as it was easier to gather resources at these sites than for, the mainstem Rangitata or further up the coast. • Travellers could follow the Rangitata mainstem upriver before following the valley to the east of the Potts River to access the wetlands and Lakes Clearwater, Camp Roundabout and Emma. 44 4.6.2 Observed impacts Ngäi Tahu used the land extensively not intensively. Tupuna (ancestors) accessed all parts of the country according to the seasons. They were guided by the lifecycles of animals and the growth cycles of plants. They utilised the many resources that were to be found on the coast, in the estuaries, the rivers, the forests and the lakes. Trails provided access to valued locations. In a modern day context, the issue is one of access. Access to sites and resources of significance was and remains of vital importance. However the infrastructure the infrastructure that results from irrigation, changing land tenure and the privatization of land and irrigation schemes all serve to limit access to sites, resources and waterways. “Now if you got out there we the Maori, can’t camp on the river down near the mouth, down on the south side where the beach is. If you camp there you have got to go into the camping ground and pay. You can’t camp anywhere on the river… should be a place at the river mouth” (O’Connor). Mahika kai means the sustainable utilisation of resources. If access is impacted and utilisation limited or prevented as a result, from the Ngäi Tahu perspective, an adverse effect on mahika kai values has resulted. 4.6.3 Potential impacts of the three management options Te Rünanga o Arowhenua has identified the following as potential impacts on access within the Rangitata River. Damming the river • Sites will be lost as land is inundated. • Access to some sites will be lost. Water Conservation Order There is an opportunity to protect access to some sites. Abstraction of more water from the river Sites and access may be affected as the use of land intensifies. 45 4.6.4 Recommendations Te Rünanga o Arowhenua want the following adverse effects avoided: • Loss of traditional trails; • Loss of access to sites of significance. Te Rünanga o Arowhenua further recommend: • That Environment Canterbury and Te Rünanga o Arowhenua develop and agree: o conditions that can be placed on resource consents that will avoid adverse effects identified by Te Rünanga o Arowhenua. 4.7 Kaitiakitanga Because water is a taoka that has been left for the life sustaining use of their descendants, Ngäi Tahu, as the descendants of tupuna and the Tangata Tiaki, are responsible for ensuring that this taoka is passed on in as good a state, or indeed better, to the generations that follow. This means that when considering the effects of each of the three management options Ngäi Tahu will consider the impact of each option on the long-term health of the waterways and the needs of future generations. 4.7.1 The Rangitata Catchment The Kaitiaki Rünanga is Te Rünanga o Arowhenua. They have prepared the Kati Huirapa Resource Management Plan, which pursuant to the provisions of the Resource Management Act 1991, resource management agencies are to have regard to. The provisions of this plan were set out in section 3.3. 4.7.2 Observed impacts Ngäi Tahu believe they have a right to participate in the management of waterways. However, they feel that the use of the catchments for irrigation has taken priority and dominates many of the landscapes, and the interpretation of the landscape. Ngäi Tahu cultural values have not been acknowledged both when the modifications to the catchment were undertaken nor when current management regimes were being determined. This has affected the relationship of Ngäi Tahu with the Rangitata catchment. Ngäi Tahu are concerned that their ability to use the catchment and to relate its past may be lost as so many of the areas are so heavily modified. 46 4.7.3 Potential impacts of the three management options As the Kaitiaki Rünanga, Te Rünanga o Arowhenua have articulated in their Iwi Resource Management Plan their perspective on future management options. The Takata Whenua say restore the life supporting capacity of all natural waters and waterways Abstractions, dams and diversion of water All water be returned to the rivers. Water levels Water level of lakes, lagoons, wetlands, all natural waters be maintained at levels sufficiently high to sustain the life of these waters. Wetlands No more drainage of wetlands. Fish passage • Passage for migrating fish be maintained in all rivers, coastal lagoons, all natural waterways. • All river back-waters and outlets to drains, streams and springs be reinstated and maintained to ensure passage offish. • No drains in Mahika Kai areas be cleaned without consulting the Takata Whenua first. • No outlets to rivers, lakes, streams, springs, lagoons, wetlands, any natural water be blocked or destroyed. Storing and releasing water from dams The natural rises and falls of flows in rivers be maintained. Breeding area Breeding areas for fish, birds, all species in waterways remain undisturbed. Increasing area of wetlands The restoration of existing wetlands and the construction of new wetlands be encouraged. Natural habitats The protection and restoration of natural habitats be encouraged. 47 4.7.4 Recommendations Te Rünanga o Arowhenua recommend: • • • Restorative action is needed to restore, enhance, redefine and renew the relationship between Ngäi Tahu and the Rangitata Catchment. A balance needs to be restored to the practice of resource management by ensuring that Ngäi Tahu perspective and involvement is adequately and appropriately provided for. Full participation of Te Rünanga o Arowhenua in ongoing date collection, management, monitoring and in particular the development of restorative programmes, river management works; Requirement for all applicants seeking a resource consent to use the resources of the Rangitata River to consult with Te Rünanga o Arowhenua to obtain their approval 48 5. SUMMARY OF THE IMPACTS Damming VALUE SUMMARY OF CONCERN Placenames Damming has the greatest impact in that the site or the physical characteristics of the area, as well as the association, is lost. The wider catchment Te Rünanga o Arowhenua has identified the following as some of the potential impacts: • The unique character of the gorge would be lost. • The balance between mountains, ranges, river and land that collectively give the Rangitata it uniqueness would be lost. • Lands would be inundated. • Terrestrial habitats would be lost. Mauri Te Rünanga o Arowhenua has identified the following as some of the potential impacts of a dam on the mauri of the Rangitata River. • A dam would interrupt the continuity of flow from the mountains to the sea and conflict with the Ngäi Tahu philosophy of “Ki uta ki tai” • The concerns expressed by Te Rünanga o Arowhenua with respect to the loss of the natural fluctuations in flow would not addressed. Although it could be argued that the management regime for flows downstream of the dam could include fluctuations, if the priority is to have water available for irrigation, there is no certainty that the operators of the dam would agree to a regime that mimics the natural flow rhythm. • A minimum flow would need to be determined for the discharge below the dam. Te Rünanga o Arowhenua want more than minimum flow set. Their priority is setting a flow regime that maintains the health of the river. This is substantially more than simply setting the minimum flow. • Aquatic habitats would be destroyed or modified. • There are no guarantees that the instream values will be restored or enhanced from in-catchment storage if the principle use of the water is irrigation. • The freshwater stream along the coast is important for coastal species. Damming the river will impact on the coastal environment (Wilkie). Waahi tapu / taoka Mahika kai Damming would result in the loss of sites of significance. • The need for flow fluctuations was identified. “If we don’t have fluctuations and natural fluctuations we lose will our native fishery. It will disappear”(Wilkie). However, as explained earlier, it is considered unlikely that an appropriate flow regime could be developed. • Passage for migratory species would be prevented. • Aquatic habitats would be lost or modified. • There is no guarantee that the flows in the river below the dam would be sufficient to sustain the fishery. Trails • Sites will be lost as land is inundated. • Access to some sites will be lost. Abstractions, dams and diversion of water - All water be returned to the rivers. Water levels - Water level of lakes, lagoons, wetlands, all natural waters be maintained at levels sufficiently high to sustain the life of these waters. Wetlands - No more drainage of wetlands. Fish passage - Passage for migrating fish be maintained in all rivers, coastal lagoons, all natural waterways. No outlets to rivers, lakes, streams, springs, lagoons, wetlands, any natural water be blocked or destroyed. Storing and releasing water from dams - The natural rises and falls of flows in rivers be maintained. Kaitiakitanga 49 Water Conservation Order VALUE Placenames The wider catchment SUMMARY OF CONCERN The intent of the WCO, as expressed in the application by the New Zealand Fish and Game Council is to set a baseline that should prevent further deterioration of the catchment. However the baseline that will be set in the WCO is the status quo. As the subsequent sections of this chapter will illustrate, Te Rünanga o Arowhenua believe that the catchment has already been adversely impacted by previous water management regimes and that any future course of action needs to an active habitat restoration programme and a review of all existing resource consents. One of the perceived shortcomings of the WCO is its limited scope to address land management issues and in effect start to undo some of the damage that has resulted from decades of inappropriate use. Mauri Te Rünanga o Arowhenua want to halt the degradation of the Rangitata River. However preserving the status quo is insufficient. The river is under stress as a result of the current management regime. It is therefore difficult to see how the status quo will address the adverse impacts that have been identified. Waahi tapu / taoka The emphasis with a WCO is protection. This should complement the protectionist mechanisms available within the Historic Places Act, the Resource Management Act and complement Ngäi Tahu initiatives. Mahika kai The WCO is intended to halt the degradation bit there is no guarantee that the mahika kai values will be restored or enhanced. Trails There is an opportunity to protect access to some sites. Kaitiakitanga 50 Abstraction Of More Water From The Catchment VALUE SUMMARY OF CONCERN Placenames - The wider catchment Te Rünanga o Arowhenua members interviewed were unanimous in their belief that continued abstractions from the river on an ad-hoc basis would decimate what remains of the Rangitata River. Mauri Te Rünanga o Arowhenua believe that the mauri of the Rangitata River is adversely impacted by the current regime, in particular the current level of abstractions. Further abstraction of water is not supported. “The RDR has a tradition …but if there are other schemes to come in it places a heavy strain on the river itself and it will not be able to sustain it….surely we must be almost at saturation point. How much more do they want? ”(B. Reihana). Waahi tapu / taoka The protection of sites of significance would be dependent on the existing means of protection and, with respect to the discovery of any sites, the good will of the discoverer. Mahika kai Further abstraction is not supported. Taking anymore will just decimate what little we have..…If the flow decreses access for native species to habitats in the tributaries and small creeks will be affected (Wilkie). Trails Sites and access may be affected as the use of land intensifies. Kaitiakitanga Abstractions, dams and diversion of water - All water be returned to the rivers. Water levels - Water level of lakes, lagoons, wetlands, all natural waters be maintained at levels sufficiently high to sustain the life of these waters. Wetlands - No more drainage of wetlands. Fish passage - Passage for migrating fish be maintained in all rivers, coastal lagoons, all natural waterways. All river back-waters and outlets to drains, streams and springs be reinstated and maintained to ensure passage offish. No drains in Mahika Kai areas be cleaned without consulting the Takata Whenua first. No outlets to rivers, lakes, streams, springs, lagoons, wetlands, any natural water be blocked or destroyed. Storing and releasing water from dams - The natural rises and falls of flows in rivers be maintained. Breeding area - Breeding areas for fish, birds, all species in waterways remain undisturbed. Increasing area of wetlands - The restoration of existing wetlands and the construction of new wetlands be encouraged. Natural habitats - The protection and restoration of natural habitats be encouraged. 51 6. SUMMARY OF RECOMMENDATIONS This section represents a collation of the: • Effects that are to be avoided if the cultural value is to be protected; • Further actions that Te Rünanga o Arowhenua want to see Environment Canterbury commit to in order to protect the cultural value. Placenames Te Rünanga o Arowhenua recommend that: • Environment Canterbury agree with Te Rünanga o Arowhenua means of protecting, and where appropriate, promoting the use of traditional placenames. Management of the Wider Catchment Te Rünanga o Arowhenua wants to see the following adverse effects avoided: • Modification to the headwater tributaries of the Rangitata; • Modification to the character of the gorges of the Upper Rangitata; • Any deterioration to the quality of water in the Rangitata Catchment, this includes all tributaries and the mainstem; • Dewatering of tributaries on the floodplain, in particular those on the south side of the mainstem; • Developments on maunga that are of particular significance to Te Rünanga o Arowhenua. Te Rünanga o Arowhenua further recommends that: • Environment Canterbury adopt a catchment management approach so that the integrated management of land and water resources in the Rangitata Catchment be addressed, not solely the water management issues. Mauri Don’t touch it anymore because they are already taking a large amount of water out of it already. By leaving it as it is we are being fair (Reihana, 2000). No new abstractions and more efficient use of existing takes (Waaka, 2000). Improve the flows (Davis, 2000). Te Rünanga o Arowhenua wants the following adverse effects avoided: • Dewatering of streams and wetlands throughout the catchment; 52 • • • • • • • • Unnatural discharges9; Unnatural flow regimes, in particular the extended periods of low flows with limited flow fluctuations; Changes to the sediment flow and patterns of deposition in the main river channel and at the coastal area; Changes to the size of the lagoon and the nature and composition of the river mouth itself; Channel modification; Erosion and changes to the size and composition of the lagoon and coastal margin; Loss of mahika kai habitats and mahika kai species; and Any deterioration to the quality of water in the Rangitata Catchment; Te Rünanga o Arowhenua further recommends that Environment Canterbury: • review of all existing activities, in particular: o Abstractions; o Diversions; o River protection works; and o Damming; • Focus the review of resource consents to abstract water on the efficient use of the resource. • Review the efficiency of stock water systems10. • Ensure that Te Rünanga o Arowhenua has full participation in the planning and design of any future river works. • Develop research programmes that: o assess the cumulative effects of all abstractions; o investigates the sediment movement and deposition in the Rangitata catchment; o investigates the changes that have taken place at the river mouth and identifies the likely changes over the next 50 years. 9 Te Rünanga o Arowhenua expressed concern at the conversion to dairying and the resultant risk of a deterioration of water quality. The availability of water for irrigation is seen as one of the “drivers” that is enabling this type of conversion. 10 The inefficiency of stock water systems was raised as a particular concern at the hui held with members of Te Rünanga o Arowhenua. 53 Waahi tapu / Waahi taonga Te Rünanga o Arowhenua want the following adverse effects avoided: • damage or loss of waahi tapu and waahi taonga Te Rünanga o Arowhenua further recommend that: • Environment Canterbury require all applicants for a resource consent, that may impact on waahi tapu and waahi taonga to consult with Te Rünanga o Arowhenua to obtain their approval; • Consultation between Te Rünanga o Arowhenua and Environment Canterbury be undertaken to identify some practical means of protecting waahi tapu and waahi taonga. • Explicit conditions to be included in resource consents that avoid the damage or loss of waahi taoka and waahi taonga. Mahika kai Every effort must be taken to avoid the following adverse effects: • Loss / dewatering adjacent wetland areas; • Loss of mahika kai habitats through low flows and dewatering; • Loss of mahika kai species; • Change in the lagoon and coastal environment; • Deterioration of water quality; • Loss of fish passage: o At the river mouth; o In the mainstem (because of insufficient depth); o To the tributaries; and o To the adjacent lands (grasses for inanga spawning etc). Te Rünanga o Arowhenua further recommend: • That a conscious effort be undertaken to ensure that steps are put in place to reverse the history of degradation and alienation. As noted earlier, Te Rünanga o Arowhenua wants to see a commitment to: o The restoration of significant mahika kai habitats; o Ensuring the efficient use of irrigation water. o Setting a limit to allocation. The allocation can only be determined once the quantity needed instream to sustain healthy mahika kai is agreed. • Environment Canterbury require all applicants for a resource consent, that may impact on mahika kai to consult with Te Rünanga o Arowhenua to obtain their approval; • That Environment Canterbury and Te Rünanga o Arowhenua develop and agree: 54 o o conditions that can be placed on resource consents that will avoid adverse effects on mahika kai restoration and enhancement activities that are to be undertaken. Trails Te Rünanga o Arowhenua want the following adverse effects avoided: • Loss of traditional trails Te Rünanga o Arowhenua further recommend: • That Environment Canterbury and Te Rünanga o Arowhenua develop and agree: o conditions that can be placed on resource consents that will avoid adverse effects identified by Te Rünanga o Arowhenua. Kaitiakitanga Te Rünanga o Arowhenua recommend: • Restorative action is needed to create new, innovative relationships between Ngäi Tahu and the Rangitata Catchment. A balance needs to be restored to the practice of resource management by ensuring that Ngäi Tahu perspective and involvement is adequately and appropriately provided for. • Full participation of Te Rünanga o Arowhenua in ongoing date collection, management, monitoring and in particular the development of restorative programmes, river management works; • Requirement for all applicants seeking a resource consent to use the resources of the Rangitata River to consult with Te Rünanga o Arowhenua to obtain their approval 55 APPENDIX 1 SCHEDULE 55 OF THE NGÄI TAHU CLAIMS SETTLEMENT ACT 1998 Sections 205 and 206 STATUTORY ACKNOWLEDGEMENT FOR RANGITATA RIVER Statutory Area The statutory area to which this statutory acknowledgement applies is the river known as Rangitata, the location of which is shown on Allocation Plan MD 115 (S.O. 19851). Preamble Under section 206, the Crown acknowledges Te Rünanga o Ngäi Tahu's statement of Ngäi Tahu's cultural, spiritual, historic, and traditional association to the Rangitata River, as set out below. Ngäi Tahu Association with the Rangitata River The Rangitata was a major mahika kai for Canterbury Ngäi Tahu. Weka and other forest birds were the main foods taken from the inland reaches of the Rangitata. Tutu berries were also taken along the waterway. The tupuna had considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai and other taonga, ways in which to use the resources of the river, the relationship of people with the river and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to Ngäi Tahu today. The river was sometimes used by Ngäi Tahu parties from Canterbury as part of a trail to Te Tai Poutini (the West Coast). The tupuna had an intimate knowledge of navigation, river routes, safe harbours and landing places, and the locations of food and other resources on the river. The river was an integral part of a network of trails which were used in order to ensure the safest journey and incorporated locations along the way that were identified for activities including camping overnight and gathering kai. Knowledge of these trails continues to be held by whanau and hapu and is regarded as a taonga. The traditional mobile lifestyle of the people led to their dependence on the resources of the river. The mauri of the Rangitata represents the essence that binds the physical and spiritual elements of all things together, generating and upholding all life. All elements of the natural environment possess a life force, and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngäi Tahu Whanui with the river. Purposes of Statutory Acknowledgement 56 Pursuant to section 215, and without limiting the rest of this schedule, the only purposes of this statutory acknowledgement are— (a) To require that consent authorities forward summaries of resource consent applications to Te Rünanga o Ngäi Tahu as required by regulations made pursuant to section 207 (clause 12.2.3 of the deed of settlement); and (b) To require that consent authorities, the Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to the Rangitata River, as provided in sections 208 to 210 (clause 12.2.4 of the deed of settlement); and (c) To empower the Minister responsible for management of the Rangitata River or the Commissioner of Crown Lands, as the case may be, to enter into a Deed of Recognition as provided in section 212 (clause 12.2.6 of the deed of settlement); and (d) To enable Te Rünanga o Ngäi Tahu and any member of Ngäi Tahu Whanui to cite this statutory acknowledgement as evidence of the association of Ngäi Tahu to the Rangitata River as provided in section 211 (clause 12.2.5 of the deed of settlement). Limitations on Effect of Statutory Acknowledgement Except as expressly provided in sections 208 to 211, 213, and 215,(a) This statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and (b) Without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngäi Tahu's association to the Rangitata River (as described in this statutory acknowledgement) than that person or entity would give under the relevant statute, regulation, or bylaw, if this statutory acknowledgement did not exist in respect of the Rangitata River. Except as expressly provided in this Act, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement. Except as expressly provided in this Act, this statutory acknowledgement does not, of itself, have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, the Rangitata River. 57 APPENDIX 2 Those individuals who are quoted in this report include: 1. J. Reihana 6. J Wilkie 2. J Waaka 7. M O’Connor 3. K. Anglem 8. B Reihana 4. B Boulton 9. K Davis 5. M Rehu 10. B Benton