APPENDICES - Cultural Environmental Design Framework
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APPENDICES
BOFFA MISKELL │ PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK : │ APPENDICES
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APPENDICES PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK
NEW ZEALAND UPGRADE PROGRAMME
APPENDIX A: INTEGRATED IWI GROUP CULTURAL
PRINCIPLES
Meeting: Penlink
APPENDIX A: INTEGRATED IWI GROUP CULTURAL PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK
PRINCIPLES NEW ZEALAND UPGRADE PROGRAMME
o Take Mauri take hono actively monitor the environment before during before during
and after the project
Hononga – Connections to the past present and future
o Avoid archaeology at all costs
o Celebrate the connections to the past aŶĚƉƌĞƐĞŶƚŽŶďŽƚŚƚŚĞǁŚĞŶƵĂ͕ŵŽĂŶĂĂŶĚ
ǁĂŝDĈŽƌŝ
o ĐŬŶŽǁůĞĚŐĞƚŚĞǀŝƐƚĂĂŶĚŝŶƚĞŐƌĂƚĞŝŶƚŽƚŚĞĞdžƉĞƌŝĞŶĐĞŽĨƚŚĞũŽƵƌŶĞLJ
o Cultural Management Plan
o
APPENDIX A: INTEGRATED IWI GROUP CULTURAL PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK
NARRATIVE NEW ZEALAND UPGRADE PROGRAMME
Friday, 12 February 2021
PEN_21000: CEDF MANA WHENUA NARRATIVE
Further to the joint Te Kawerau a Maki-Ngāti Manuhiri Cultural Values Assessment (CVA) previously
lodged in conjunction with the Consent submission of 2014 (Confirmation/verification required), it is
perhaps worth noting that the Mana Whenua engagement environment has evolved significantly in
the interim, as has the capacity and capability of iwi Mana Whenua and their ability to engage- in a
genuinely meaningful way, across a range of Waka Kotahi projects
Similarly, it is also worth noting that of the iwi Mana Whenua now directly engaged in this project
space- as members of the current project working group (PWG), Te Kawerau a Maki-Ngāti Manuhiri
are not the only iwi Mana Whenua whom whakapapa to and descend from Ngā Oho…
Within the project footprint, the Weiti- and indeed the Okura and the respective confluence of both,
was- as were all coastal waterways, both a communications highway and a taonga (treasure), prized for
its bountiful resources: Likewise the coastal littoral, similarly prized for its bounty. The unique
topography of the lower Weiti true right, afforded a number of concealed, sheltered inlets- now
largely dominated by mānawa (mangroves), which would have been utilised as both waka tauranga
(waka landings) and access points to the whenua (land), seasonal and permanent kāinga
(encampments-settlements), ngahere (bush) and the hinterlands beyond
BOFFA MISKELL │ PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK : │ APPENDICES
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APPENDIX B: NGĀTI WHĀTUA O KAIPARA CULTURAL VALUES ASSESSMENT PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK
NEW ZEALAND UPGRADE PROGRAMME
1.1 Document Purpose
This document takes into account the principles of Te Tiriti o Waitangi / Treaty of
Waitangi.
The purpose is to record Ngā Maunga Whakahii o Kaipara Development Trust ongoing
interest in the Penlink Project and ensure Ngāti Whātua o Kaipara inclusion in the project.
1.2 Background
Ngā Maunga Whakahii o Kaipara Development Trust (NMWoKDT) represents the
interests of the five Marae of Ngāti Whātua o Kaipara, Puatahi, Araparera, Kakanui,
Haranui and Reweti Marae.
Peninsular Link – Penlink
These descendants are linked across the wider Ngāti Whātua and as such their interests
are interrelated and serve to uphold and strengthen the mana (customary authority) of
Ngāti Whātua within the Auckland region.
Ngāti Whātua o Kaipara connection, values and tikanga.
The Penlink project was initiated by the previous Rodney Council. Ngāti Whātua o Kaipara
have been part of the discussions regarding this project since that time. We signal our
ongoing interest which is demonstrated by our support for ecological monitoring carried
out on the site in November 2020.
Ngāti Whātua historic connections to Whangaparaoa and Te Heruroa, (Dairy Flat) date
back centuries.
It is the land and water’s integrity, the mauri, (the life force) which Ngāti Whātua o
Kaipara has a responsibility to protect and uphold.
The loss of cultural wellbeing by the degradation of the mauri of the land and waterways
will have devastating implications for the spiritual and cultural interests of Ngāti Whātua
o Kaipara.
Ngā Maunga Whakahii o Kaipara Development Trust seek to uphold our values through
the interest and involvement in the Penlink Project.
1.3 Ngāti Whātua o Kaipara Contemporary Context
Nga Maunga Whakahii o Kaipara Development Trust is the legal entity that manages the
settlement assets, co-ordinates and facilitates the interests of Ngāti Whātua o Kaipara.
Shona Oliver
Cover Photo: Ngā Maunga Whakahii o Kaipara Kaiārahi M Povey assisting with ecological monitoring at Pouwhakahaere Te Tari Taiao
Weiti, November 2020.
Ngā Maunga Whakahii o Kaipara
NGA MAUNGA WHAKAHII O KAIPARA
P | 09 420 8410 ~ M| 021 083 77 416 ~ E | admin@kaiparamoana.com
PO Box 41, 16 Commercial Road, Helensville, 0840, Aotearoa NZ
1 Prepared by Shona Oliver 05 February 2021 for Ngā Maunga Whakahii o Kaipara | Penlink
BOFFA MISKELL │ PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK : │ APPENDICES
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NEW ZEALAND UPGRADE PROGRAMME
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“Maatauranga…is created by Maaori to explain their experience of the world. Maatauranga
Ngaati Whanaunga Incorporated Society Maaori was traditionally created with the view that the earth was Papatuuaanuku, the sky was
P.O. Box 160, Coromandel Ranginui and the world in which we currently reside is called Te Ao Marama.
Phone 0211067117 Maatauranga Maaori…is not new. It has been created and maintained for centuries in this
http://www.ngaatiwhanaunga.maori.nz country. What is new is to see it in contrast to other disciplines of knowledge, including Western
forms of knowledge.”
46. As outlined above, our ancestral land, water and other taaonga, act as intergenerational repositories for
Cultural Interests and Associations Report our knowledge.
Taunahanaha
Waka Kootahi NZ Transport Agency 47. Taunahanahatanga relates to the practice of naming places and/or features. Taunahanahatanga is a
method of instilling significance and recording our history as it relates to those places or features.
Penlink (The Project) Waiata, mooteatea and whakatauaakii are passed on to succeeding generations as a living record of the
context and history behind the name. As recorded by local scholar Taimoana Turoa:9
“Like other tribal districts there was not one piece of their territory with which the people were
not familiar. There was no natural feature which defied description and appropriate naming.
Ranges, ridges, promontories and streams identified tribal and personal boundaries. Prominent
peaks, rivers and seas assumed a personification of great reverence. Every topographical
feature, however insignificant, promoted commemoration of ancestors. Deeds, events,
phenomena and the acknowledgement of Ātua, the gods of creation.
Whenever and for whatever reasons the appellations were applied, most were motivated by the
assertion of mana whenua or authority in a particular geographic region. Often these rights
were established in the ceremonies entitled uruuru-whenua ('to enter the land') and references
to these ceremonies formed an integral composition of tribal oral history instrumental in
validating evidence to claimed lands.”
48. Over the last century and a half, Ngaati Whanaunga has witnessed what appears to be the deliberate
and extensive replacement of our names with English ones. In our view, this reflects colonial domination
and undermines indigenous identity. Belshaw observes that efforts are being made by Maaori to
reinstate traditional place names:10
“In modern society we are experiencing a growing movement from within Maoridom that seeks
to reinstate the original Maori names for places, where currently street and place names have
no association to the original area. In many ways it is an attempt to decolonise the land, revive
forgotten histories and reclaim mana whenua.”
49. The map below provides the correct names for lands of the various coastal locations in Taamaki
Makaurau. Ngaati Whanaunga has sought the reinstatement of ancestral place names over many years.
This was and remains an important aspect of our Treaty claim.
February 2021
9 Turoa, T. and T. A. C. Royal Te Takoto o te Whenua o Hauraki - Hauraki Landmarks (Reed Books, Auckland, 2000).
10 Belshaw, K. J "Decolonising the Land - Naming and Reclaiming Places." (Planning Quarterly, 2005).
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55. It is our view that our cultural narratives and history should sit alongside the specialists’ reports,
scientific information, data and analysis that relate to the application. Our expertise should be regarded
as a direct reflection of the traditional importance and association of Ngaati Whanaunga with the sea
and land, mana moana-mana whenua.
56. We do not have an environmental bottom line or isolated assessments of the effect of activities. The
mauri of Te Weiti River, Te Okura River and the surrounding areas that flow and connect to Tiikapa
Moana (Hauraki Gulf) cannot be fragmentised or compartmentalised into certain eras. The cumulative
effect of past and present activities affects the mauri of rivers, streams and estuaries that flow and
connect to Tiikapa Moana (Hauraki Gulf) and ultimately our culture.
57. Accordingly, the cumulative effects of any proposed activity must be considered. The cumulative effects
of the modifications and activities permitted in Taamaki Makaurau have resulted in the marginalisation
and displacement of Ngaati Whanaunga. There was and continues to be limited or no opportunity
provided for Ngaati Whanaunga to exercise our tikanga, act as kaitiaki, participate in matters relating to
our rohe.
58. Efforts to reverse further loss of the special character of this environment has only been through the
very recent attempts to engage and participate as a part of a Mana Whenua Collective on the various
Waka Kotahi (NZTA) projects in northern Taamaki.
59. Ngaati Whanaunga is of the opinion that taking an inclusive approach to assess the actual or potential
impacts of a proposed development supports our rangatiratanga, maatauranga, tikanga, our role as
kaitiaki and our relationship with Te Weiti River, Te Okura River, the surrounding areas, Tiikapa Moana
(Hauraki Gulf) and other taaonga.
Papakaainga
50. Ngaati Whanaunga has numerous traditional papakaainga in Taamaki Makaurau, along the coast of Te LEGACY
Waitemata, Tiikapa Moana, and in Hauraki. Some of these were permanent settlements, while others
were occupied seasonally as our people moved according to seasonal resources, and in an effort to 60. To Ngaati Whanaunga, leaving a legacy includes but is not limited to:
maintain ahi kaa - keeping our fires burning on the land as a means of asserting mana over those places. a. Having authentic and prominent cultural markers and representations
Papakaainga are often found near defended pa sites, providing accessible refuge during times of conflict. b. Ensuring our land, water and other taaonga are healthy/have strong mauri and are sustained
for future generations
51. The physical evidence of many of our ancestral papakaainga has been completely or substantially c. Ensuring that our relationship with our land, water and other taaonga are upheld and
destroyed. Historic papakaainga are widely acknowledged as being of high cultural, historic and enhanced
archaeological value and provide an opportunity to gain a greater understanding of traditional Maaori d. Ensuring that Maaori names are utilised and normalised within Taamaki Makaurau and
society. We also have present day aspirations for papakaainga, as a means of returning our people to Tiikapa Moana, and highlight the koorero behind the names
their traditional lands.
61. The Project proposed by NZTA should support our legacy of ensuring Te Weiti River, Te Okura River and
the surrounding areas that flow and connect to Tiikapa Moana (Hauraki Gulf), and other taaonga have
CUMULATIVE EFFECTS strong mauri and are healthy enough to sustain our future generations in a physical and spiritual sense.
52. The Crown acknowledged Ngaati Whanaunga as a maritime tribe, whose mana extended from Mai
Matakana ki Matakana well before 1840. For Ngaati Whanaunga along with many other iwi, the sea NGAATI WHANAUNGA POSITION
dominated life for many practical reasons. Given our mana and long-standing knowledge of Tiikapa
Moana (Hauraki Gulf) and the surrounding areas. Penlink Project
62. Penlink (The Project) is a legacy project developed by Rodney District Council (RDC) over 15 years ago.
53. Post 1840 to now, the rohe has seen tribal enjoyment of the lands and fisheries severely prejudiced by The Project provides a link between State Highway 1 (SH1) to the west near Redvale and the
compulsory acquisitions, land development, industrial developments and the denial of traditional water Whangaparaoa Peninsula at Stanmore Bay in the east.
uses and harbour access.
63. The Project is being designed to relieve traffic on Whangaparaoa Road and the Hibiscus Coast Highway
54. Te Weiti River, Te Okura River and the surrounding areas have been significantly modified by past and improve travel times and journey reliability. This improved connection will facilitate the planned
activities and activities that are currently permitted within the area. Degradation of water quality of the growth in the Future Urban Zone (FUZ), Whangaparaoa and Silverdale and support economic activity in
Weiti River is a long running issue with impacts clearly visible. Dairy Flat.
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64. The current designated and consented scheme is for: This report has been produced by Ngaati Whanaunga and remains the owner of the information. Ngaati
o An arterial road with up to two lanes in each direction. Whanaunga recognises the custodial rights of Waka Kootahi NZ Transport Agency (NZTA) to this report and
o A 540m bridge over the Weiti River. the right to reasonable use of the information.
o A signalised intersection where the route meets Whangaparaoa Road.
o A grade-separated interchange (with south facing) to SH1, that provides for a potential This report shall not be released to any third parties without the prior written consent of Ngaati Whanaunga,
connection to the future development at Dairy Flat and accommodates the future extension which shall not be unreasonably withheld.
of the northern busway, as well as providing a connection to East Coast Road.
o A separate shared path for pedestrians and cyclists across Stillwater and Whangaparaoa. Ngaati Whanaunga acknowledges the documents and reports that were referenced and used to inform this
o Provisions for a separate sealed cycleway along the length of the link road and over the Weiti document were part of the work commissioned by our Ngaati Whanaunga Research Group
River bridge.
65. The Project traverses across spaces that were and remain areas of cultural significance to Ngaati
Whanaunga.
66. A contractual agreement to be signed by NZTA and Ngaati Whanaunga Incorporated Society to enable
Ngaati Whanaunga to participate in all aspects of the project including:
a. Decision making
b. Design
c. Planning
d. Implementation of work programme
e. Monitoring The Ngaati Whanaunga emblem depicts Te Whare Tapuu - the house of Ngaati Whanaunga, with Ranginui
f. Cultural Induction and Safety above and Papatuuaanuku below. The preferred practice for Ngaati Whanaunga tribal elders is to use the
g. Receive regular updates double vowel rather than a macron.
67. Ngaati Whanaunga will receive all the relevant information, including plans and reports regarding this
project.
KOORERO WHAKAMUTUNGA – CONCLUSION
68. Our ancestral relationship with Taamaki Makaurau, Te Waitemataa, Tiikapa Moana (Hauraki Gulf) and
the surrounding area permeates our culture and finds expression in our cultural values. These areas
form a part of the physical and spiritual legacy that we as kaitiaki, leave for our children. Ngaati
Whanaunga wants to ensure that we protect our cultural interests to ensure that we participate in
matters that may impact on our relationship with our ancestral land and waters.
Ngaa puke ki Hauraki, ka taarehua
E mihi ana ki te whenua
E tangi ana ki te tangata
Ko Moehau ki tai, ko Te Aroha ki uta
Ko Tiikapa te moana, ko Hauraki te whenua
Ko Marutuuahu te tangata
The hills of Hauraki stand enshrouded by stars,
I greet the land,
I cry for the people,
Moehau the mountain to the coast, Te Aroha mountain inland
Tiikapa is the sea, Hauraki is the land
Marutuuahu is the ancestor
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NEW ZEALAND UPGRADE PROGRAMME
CONTENTS 1
EXECUTIVE SUMMARY ...................................................................................................................................... 1
INTELLECTUAL PROPERTY ................................................................................................................................. 2 EXECUTIVE SUMMARY
INTRODUCTION ................................................................................................................................................. 2 1. Waka Kootahi NZ Transport Agency (NZTA) is leading the Penlink project (The Project), which provides a
new transport link between State Highway 1 (SH1) near Redvale in the west, to the Whangaparaoa
CONSULTATION ................................................................................................................................................. 2
Peninsula at Stanmore Bay in the east.
STATUTORY CONTEXT ....................................................................................................................................... 3
2. The Penlink project will provide:
Resource Management Act (RMA) ................................................................................................................ 3
a. Open access to new residential and employment areas.
AUCKLAND UNITARY PLAN (AUP) CONTEXT .................................................................................................... 3 b. Better access and more reliable journeys for those living in the region.
DEED OF SETTLEMENT BETWEEN NGAATI WHANAUNGA AND THE CROWN................................................. 3 c. Increased travel choice with new public transport and walking and cycling options.
d. A separated, shared walking and cycling lane adjacent to the new state highway.
OUR CULTURAL VALUES ................................................................................................................................... 5 e. Help build greater resilience into the transport system.
Mauri ............................................................................................................................................................. 5
3. Ngaati Whanaunga has been commissioned by Waka Kootahi NZ Transport Agency (NZTA) to provide a
Kaitiakitanga .................................................................................................................................................. 6 Cultural Interests and Associations (CIA) report for The Project.
Tapuu ............................................................................................................................................................. 6
4. On behalf of their iwi, Ngaati Whanaunga Incorporated Society is tasked with the kaitiakitanga
Raahui ............................................................................................................................................................ 7
(guardianship) of their tribal rohe. Kaitiakitanga includes the protection of the environment and
Maatauranga ................................................................................................................................................. 7 acknowledgement of the special cultural and spiritual relationship with the environment. Under the
Resource Management Act, this is one of five matters of national importance that includes:
Taunahanaha ................................................................................................................................................. 8
x Waahi tapuu (sacred sites)
Papakaainga................................................................................................................................................... 9 x Taaonga (treasures)
CUMULATIVE EFFECTS ...................................................................................................................................... 9 x Wai (water)
x Whenua (ancestral lands).
LEGACY ............................................................................................................................................................ 10 Resource consent applicants and the council must consider these matters of national importance.
NGAATI WHANAUNGA POSITION .................................................................................................................. 10
5. Ngaati Whanaunga has a well-documented history of political, economic, environmental, social and
Penlink Project ............................................................................................................................................. 10
cultural transactions. This includes relationships with other Iwi, hapuu, whaanau, the Crown and its
KOORERO WHAKAMUTUNGA – CONCLUSION .............................................................................................. 11 agencies, local bodies and communities within our tribal rohe. The impacts and legacy of those
relationships has provided Ngaati Whanaunga with the knowledge and opportunities to enrich the
wellbeing outcomes of Ngaati Whanaunga uri (descendants) and Pare Hauraki.
Ngaa puke ki Hauraki ka taarehua
E mihi ana ki te whenua e tangi ana ki te tangata
E papaki mai ana ngaa tai o Tiikapa
Ki ngaa takahanga o Ureia
E mea ana te kii a Raamuri
Me moe whaaroro kei moe pepeke
Mai Matakana ki Matakana
Ko Whanaunga kiitahi
Kohikohi e
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INTELLECTUAL PROPERTY 10. Moreover, recognising the unique tikanga of Ngaati Whanaunga, it is also important to engage with
Ngaati Whanaunga to understand how any cultural effects may be appropriately avoided, remedied or
1. This Cultural Interests and Associations (CIA) report has been prepared for the express purpose of mitigated.
providing Waka Kotahi NZ Transport Agency (NZTA) with an understanding and perspectives of the
Ngaati Whanaunga cultural values as they relate to Taamaki Makaurau, specifically to Te Weiti River, Te 11. In our experience, creating a good positive relationship with entities that seek to exercise authority
Okura River and the surrounding areas that connect to Tiikapa Moana (Hauraki Gulf). within our rohe is essential, to ensure that our voices are heard and that our cultural values are
protected.
2. Ngaati Whanaunga maintains that it is important to take a wider perspective of the impacts that Penlink
project (The Project) will have on Ngaati Whanaunga values in addition to addressing any actual or
potential impacts. STATUTORY CONTEXT
3. Subject to the written consent of Ngaati Whanaunga, information contained in this document must not Resource Management Act (RMA)
be used for any other purpose other than the Penlink project (The Project).
12. The RMA is the primary legislation governing the assessment of effects associated with the project.
13. Part 2 of the RMA contains provisions of particular relevance to the consideration of Maaori values.
INTRODUCTION
4. The Project is set within an area which was occupied by Mana Whenua groups pre-dating and including 14. In achieving the sustainable management purpose of the RMA, all persons exercising functions and
the arrival of the original waka from Hawaiiki. At a broad level, Mana Whenua accounts explain how power under it must:
the Taamaki Isthmus was used for extensive gardens with its fertile soils, mahinga kai from the harbours a. Under section 6(e), recognise and provide for the relationship of Maaori and their culture
and waterways, and paa on the numerous maunga and coastal settlements. and traditions with their ancestral lands, water, sites, waahi tapuu, and other taaonga, being
a matter of national importance.
5. Ngaati Whanaunga understands the importance of The Project within the cultural landscape of Taamaki b. Under section 6(f), recognise and provide for the protection of historic heritage from
Makaurau. Te Weiti River, Te Okura River and the surrounding areas are of high cultural and spiritual inappropriate subdivision, use and development, being a matter of national importance.
significance, where papakaainga were located with a network of rivers, streams and estuaries that flow c. Under section 7(a), have particular regard to kaitiakitanga.
and connect to Tiikapa Moana (Hauraki Gulf). d. Under section 8, take into account the principles of the Treaty of Waitangi.
6. One translation of Taamaki Makaurau itself is the ‘land of a hundred lovers’, which refers to the 15. These matters hold a prominent position in the scheme of the RMA, key aspects of which are recognised
desirability of the Taamaki Isthmus by many groups. Taamaki Makaurau is home to many exclusive as matters of national importance and must therefore be carefully considered as part of any proposal
Maaori cultural sites and are of special significance to different iwi or hapuu for a variety of reasons. seeking RMA approvals. It is also noted that these provisions do not act as a veto.
They may have value to other parties as well, but the importance of these sites depends on how tribal
groups connect to a specific location. Thus distinct 'layers' of interest can be expressed by different iwi
or hapuu over the same cultural site or area.
AUCKLAND UNITARY PLAN (AUP) CONTEXT
7. Ngaati Whanaunga is constantly having to identify ways to protect and preserve cultural sites of 16. The schedules of sites and places of significance are not complete records of sites and places of value or
significance in Taamaki Makaurau, and Tiikapa Moana (Hauraki Gulf), while upholding kawa (customs), significance to Mana Whenua. It is still necessary to consider cultural sites and places beyond those
tikanga (practices), whakapapa (genealogy) and important tupuna (ancestors). identified in the AUP and to consider the significance of all sites for the purposes of sections 6 (e) - (g)
of the RMA.
8. This Cultural Values Assessment sets out our views as they relate to:
a. Consultation
b. Statutory Context DEED OF SETTLEMENT BETWEEN NGAATI WHANAUNGA AND THE CROWN
c. Auckland Unitary Plan Context
17. In the early-nineteenth century, Ngaati Whanaunga lived in Hauraki, Taamaki, and Mahurangi. In 1836,
d. Deed of Settlement between Ngaati Whanaunga and the Crown
a missionary negotiated a transaction for a large Taamaki block with Ngaati Whanaunga and other iwi.
e. Our Cultural Values
The missionary agreed that the iwi and hapuu who sold the land would retain the use of one-third. The
f. Cumulative Effects
Crown later failed to return one-third of the land to the vendors or to create reserves for the former
g. Legacy
Ngaati Whanaunga owners. The Crown also did not make any investigation into whether Ngaati
h. Ngaati Whanaunga Position
Whanaunga retained adequate lands for their needs. Ngaati Whanaunga were also involved in pre-
Treaty transactions on Aotea, Hikutaia, and Ahuahu.
CONSULTATION
18. Ngaati Whanaunga rangatira signed Te Tiriti o Waitangi/The Treaty of Waitangi at Karaka Bay in Taamaki
9. Engagement with Ngaati Whanaunga is necessary and important to address the requirements of Part 2 and at Waiau (Coromandel).
of the Resource Management Act (RMA), recognising the expertise of Ngaati Whanaunga to outline their
relationship with their ancestral lands, waters, sites, waahi tapuu and taaonga and to understand the
effects on these cultural values.
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OUR CULTURAL VALUES Kaitiakitanga
25. Our culture and traditions in relation to Taamaki Makaurau, Te Maanukanuka o Hoturoa (Manukau 31. Our connection to our ancestral whenua, moana and other taaonga, brings with it responsibilities, such
Harbour), Te Waitemataa, Tiikapa Moana (Hauraki Gulf), the surrounding areas and other taaonga, are as the duty to care for, protect and preserve them and to hand them on to succeeding generations in a
encapsulated in our tikanga, which is based on ancestral traditions and customs passed down through healthy condition. As explained by Toko Renata, Ngaati Whanaunga rangatira:3
the generations.
“The key is that our relationship with Tiikapa Moana is about a balance between rights and
26. The Project is in a culturally significant area for Ngaati Whanaunga. obligations…our obligations as kaitiaki extend, perhaps most importantly, to future generations.
This is about passing down our traditions and tikanga…in particular how Tiikapa Moana should
27. Expression of our tikanga in its entirety is not practicable in this forum. That said, we can further be treated and how we can ensure that the generous gifts of Tiikapa Moana will continue to be
particularise certain aspects of our tikanga such as: available for future generations.”
a. Mauri
b. Kaitiakitanga 32. Maori Marsden correctly identified that kaitiaki were traditionally spiritual guardians of particular places
c. Tapuu or things for Ngaa Atua. While this continues to be the case, today we increasingly think of kaitiakitanga
d. Raahui 19. In 1841, the Crown purchased approximately 220,000 acres at Mahurangi and Omaha from Ngaati
Whanaunga and other Marutuuahu iwi. The boundaries of this sale were later disputed by Ngaati
Whanaunga.
20. In 1850, the Crown granted the Awataha block to the Catholic Bishop. In the 1920s, Ngaati Whanaunga
4
petitioned the Crown stating that the Awataha block in Takapuna, had not been included as part of the
1841 agreement, and therefore the Crown’s grant to the Bishop was invalid.
21. From 1865, the native land laws provided for the individualisation of Maaori land tenure. The
individualisation of title made Ngaati Whanaunga lands more susceptible to alienation. Ngaati
Whanaunga were not consulted in the establishment of the native land laws, which, over time,
contributed to the erosion of the traditional tribal structures of Ngaati Whanaunga.
22. The map below shows the Ngaati Whanaunga area of interest referred to in the Deed of Settlement
between Ngaati Whanaunga and the Crown.
in terms of the responsibilities of tangata whenua toward their environment. As articulated by the
e. Maatauranga
23. On 29 June 2011, the Crown recognised the mandate of the Ngaati Whanaunga Incorporated Society
and the mandated negotiators to negotiate a comprehensive settlement of the historical te Tiriti o
Waitangi/the Treaty of Waitangi claims of Ngaati Whanaunga with the Crown. The mandated
negotiators and the Crown entered into an agreement in principle equivalent on 22 July 2011.
24. On 25 August 2017, Ngaati Whanaunga and the Crown initialled a Deed of Settlement (the Deed). The
Deed has been ratified by the members of Ngaati Whanaunga. The Deed is required to be signed by
Ngaati Whanaunga and the Crown to enact the settlement legislation. The Ngaati Whanaunga
Ruunanga Trust will manage the settlement assets on settlement.
Waitangi Tribunal:4
f. Taunahanaha
g. Papa Kaainga “... [kaitiakitanga] denotes the obligation of stewardship and protection. These days it is most
Mauri often applied to the obligation of whaanau, hapuu and iwi to protect the spiritual wellbeing of
the natural resources within their mana”.
28. Mauri is the vital energy force that gives being and form to all things in the universe, providing the
interconnection between humankind and the natural environment. Decisions made and controls Tapuu
imposed were focused on sustaining the mauri to ensure that the balance was maintained between
33. Tapuu is commonly translated as untouchable, sacred and associated with ngaa atua.5 Ngaati
people and the natural and spiritual worlds. Respected Marutuuahu kuia Betty Williams accurately
Whanaunga consider that the lore’s of tapuu play an extremely influential role in regulating Maaori
captured our view of mauri and the part it plays in the natural world in the following account:1
society.
“Natural taaonga have evolved from the union of Papa and Rangi (Earth and Sky). They include
34. Tapuu is used as a mechanism to preserve and enhance the mauri and used as a code for social conduct
flora, fauna, air, water, soil, minerals, humankind, natural phenomena, sun, moon, planets, etc., that is essentially based on safety, risk avoidance and appropriate ways to manage the environmental
etc. Natural taaonga exist through mauri, the vital life essence and energy force that gives responsibilities. Mason Durie observed that:6
everything existence and being. Mauri interconnects everything in the Universe.
The human being is merely an extension, a re-arrangement of the same living matter, in terms “Explanations of tapuu as primarily religious in nature appeal to those who seek spiritual answers
of Mauri and the basic elements, which make up water, soil, minerals, flora, fauna, air, etc. for societal conduct. The more temporal view holds sway where survival and health maintenance
Natural taaonga have an intrinsic value in terms of their own existence and being, and their value are seen as the main challenges for tribal societies. But common to both views is the acceptance
to the interconnected nature of the natural environment, to the integrity of the Earth, and to of tapu as [a code] for social conduct and adaptation to the environment.”
human survival.”
35. Ngaati Whanaunga is primarily concerned with two important aspects of tapuu in relation to our
29. A primary responsibility of tribal kaitiaki is the maintenance and enhancement of mauri, as: 2 environment, tapuu as sacred and tapuu as unclean. Tapuu is dealt with by prohibiting potentially
harmful material from interfering with the mauri of the environment. Selwyn Hayes provides the
“Mauri Tu Mauri Ora - When the life-force is respected it is well. following example:7
Mauri Noho Mauri Mate - When the life-force is violated it dies.”
“Discharge of sewage into the sea, no matter how well treated, is highly offensive to Maaori.
30. Considering paragraphs 28 and 29 above, Ngaati Whanaunga will continue to press for any works within Although in physical terms the discharge may not pollute the sea, it would harm the spiritual
the area to be as least invasive as possible and for best practice methods to be employed in undertaking relationship Maaori have with the sea, and the obligation of the kaitiaki would not be fulfilled.”
any works.
3 Waitangi Tribunal Rekohu: A Report on Moriori and Ngati Mutunga Claims in the Chatham Islands (Wai 64, 2001).
4 Waitangi Tribunal The Whanganui River Report (Wai 167, 1999).
5 Marsden, M God, Man and Universe: A Maaori View, Te Ao Hurihuri: Aspects of Maaoritanga (Hicks Smith,
Wellington, 1975); Mason Durie “The Application of Tapu and Noa to Risk, Safety, and Health, a presentation to
Challenges, Choices and Strategies,” (paper presented to Mental Health Conference, Wellington, 2000); Williams, J
“He Aha Te Tikanga Maaori” (unpublished paper for the New Zealand Law Commission, 1998) at 15.
6 Durie, M “Letter to the Law Commission commenting on the Draft of – Maaori Custom and Values in New Zealand
1 Williams, B Submission to the Ministry of Environment on Research Management Reform on behalf of the Hauraki Law” (New Zealand Law Commission, Wellington, 2001).
Maaori Trust Board (1998) at p 2. 7 Hayes, S "Defining Kaitiakitanga and the Resource Management Act 1991” (1998) 8 Auckland University Law Review
2 Williams, B. W. Submission of Betty Whaitiri Williams - Coromandel Marina application (1999) at 21. 893 to 899.
BOFFA MISKELL │ PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK : │ APPENDICES
50APPENDIX B: NGAATI WHANAUNGA CULTURAL IMPACT ASSESSMENT PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK
NEW ZEALAND UPGRADE PROGRAMME
7
36. Several waahi tapuu are situated near the area that has been proposed by NZTA for its development.
These waahi tapuu are recorded through customary methods rather than formally documented. Ngaati
Whanaunga do not wish to divulge the details of these waahi tapuu in this forum.
37. Ngaati Whanaunga would like NZTA to be aware that these waahi tapuu sites exist, even if they are not
on the record.
38. The tapuu state of these sacred places requires that inappropriate activities are not undertaken in their
vicinity.
39. Ngaati Whanaunga has identified the following in terms of tapuu in relation to the progressing the
development proposed by NZTA:
a. Waahi tapuu may be disturbed.
b. The introduction of further waste and/or potentially harmful material will interfere with the
mauri of this area
c. Kooiwi or taonga situated within the designated project area could be disturbed by works
d. We may be circumvented and/or overlooked as kaitiaki and unable to fulfil our obligations
in respect of protecting our waahi tapuu and upholding our customary practices associated
with tapuu.
Raahui
40. Raahui refer to closures of certain areas or restrictions on the taking of particular resources.
41. Ngaati Whanaunga has previously imposed raahui for a variety of reasons, including:
a. To demarcate property rights and indicate restrictions on who may use a certain place or
resource
b. As a conservation measure to protect a diminished or threatened resource
c. To respond to tapuu. For example, a death in the area or the release of harmful material
42. Raahui in response to tapuu are recorded in Ngaati Whanaunga oral traditions. We recall that when the
rangatira Te Ika a Waraki was killed at Tautahanga that a raahui was imposed that lasted for several
years.
43. Today it is still common for raahui to be imposed for approximately one month following a death. The
purpose of such tapuu is twofold, out of respect for the tapuu and the mana of the deceased and to
ensure the safety of people who would encounter the tapuu.
44. If the work proposed by NZTA is approved, we would like to be able to exercise raahui in this area and/or
the surrounding areas during those works, if required. In effect, by allowing us to do this, our cultural
practices will be supported and implemented by NZTA.
Maatauranga
45. To Ngaati Whanaunga, maatauranga refers to our ways of knowing and of conceptualising our world.
The following extract summarises the importance of whakapapa in maatauranga and illustrates the
evolving nature of our knowledge:8
8 International Research Institute for Māori and Indigenous Education (IRI), University of Auckland, with Te Roopuu
Rangahau Hauora a Eru Pomare, Wellington School of Medicine, University of Otago “Maaori Research
Development: Kaupapa Maaori Principles and Practices, A Literature Review” (prepared for Te Puni Kokiri, June
2000) at 5.
BOFFA MISKELL │ PENLINK CULTURAL & ENVIRONMENTAL DESIGN FRAMEWORK : │ APPENDICES
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