THE NEXT STEPS FOR FRESH WATER CONSULTATION DOCUMENT

Transcription

1 He tono nā ki te MINISTRY FOR THE ENVIRONMENT e pā ana ki te THE NEXT STEPS FOR FRESH WATER CONSULTATION DOCUMENT 22 April/ Kai-Te-Haere2016

2 1. EXECUTIVE SUMMARY STATEMENT OF POSITION AND OVERALL RECOMMENDATIONS TE RŪNANGA O NGĀI TAHU TE RŪNANGA INTERESTS IN THE NPS-FM AMENDMENTS ENGAGEMENT WITH THE CROWN TO RESOLVE IWI RIGHTS AND INTERESTS SECTION 1: FRESHWATER AND OUR ENVIRONMENT SECTION 2: ECONOMIC USE OF FRESHWATER INTERMITTENTLY CLOSING AND OPENING LAKES AND LAGOONS (ICOLLS) SECTION 3: IWI RIGHTS AND INTERESTS IN FRESHWATER SECTION 4: FRESHWATER FUNDING APPENDIX ONE: TEXT OF CROWN APOLOGY APPENDIX TWO: NGĀI TAHU TAKIWĀ contact person 2 Executive Summary

3 1. EXECUTIVE SUMMARY 1.1. (Te Rūnanga) supports in principle: the intent of the proposed reforms to the National Policy Statement for Freshwater Management (NPS-FM); and the National Objectives Framework (NOF) as it is a step in the right direction towards improving better water quality outcomes However, Te Rūnanga notes that: appropriately recognising and providing for iwi rights and interests in freshwater is critical to developing a durable and sustainable water management regime that provides the certainty required for ongoing investment in the economy; and more concerted work is required to ensure that the NOF framework appropriately provides for iwi values In this respect, the NPS-FM is but a starting point and much more focused work is required throughout the wider freshwater reform process to satisfactorily address the issue of iwi rights and interests in freshwater and improvement to water quality across the country. 2. STATEMENT OF POSITION AND OVERALL RECOMMENDATIONS 2.1 It is the position of Te Rūnanga that: The substantive reforms in relation to the management and use of freshwater is welcomed; The future health and wellbeing of our waterways is a matter of utmost importance to Ngāi Tahu whānui, all iwi and all New Zealanders; There needs to be more thorough analysis which assesses the interrelationships between various reforms which will be used to ensure the right mix of measures are adopted to achieve the desired outcomes; Te Rūnanga is committed to the relationship with the Crown and looks forward to continued, meaningful and direct discussion about these issues with the Government (and other stakeholders) on the proposals outlined in relation to the Freshwater Reforms; The Crown needs to commit to substantively addressing iwi rights and interests in freshwater through direct discussions with iwi leaders; and Ensure that overall freshwater reforms incorporate mechanisms compatible with satisfactory resolution of iwi rights and interests from an iwi perspective. 2.2 The following specific overall recommendations are made by Te Rūnanga in relation to the proposed changes: 3 Executive Summary

4 Amend the NPS-FM to maintain or improve water quality within a spatially defined area (eg, a region or a Freshwater Management Unit). Amend the NPS-FM to set contact recreation or swimmable as a compulsory aspirational national outcome for freshwater that the community and Aotearoa to work towards over time. The National Bottom Lines for each of these compulsory values need to be elevated to provide for improved water quality outcomes. The NPS-FM requires councils to maintain or improve water quality at least at the level of the limit established in accordance with Objective A1 and Policy A1. Monitoring of water quality should be consistent with the limit as defined in the regional plan. Iwi are involved in the decision making process for the definition of FMUs to ensure they are consistent with iwi values and aspirations, particularly if groups of similar lakes and rivers are going to be grouped into a single FMU. Councils must maintain water quality at all points within a NOF so there is no downward trend in water quality at any point throughout the NOF band. Te Rūnanga supports the exclusion stock from water bodies in principle and considers the timeframes for implementation are excessive and should be reduced. Good Management Practice standards and technical efficiency standards need to apply to all users in all catchments, not just those in catchments at or approaching full allocation. In achieving Te Mana o Te Wai, any capacity to discharge contaminants and water recovered from the application of technical efficiency and the adoption of good management practice should, in the first instance, be used to address over-allocation (where this exists) Policy CA3 of the NPS-FM should be amended so that an exception only applies in the situation where significant infrastructure causes water quality degradation. Greater iwi and hapū involvement in the decision-making process for including any significant infrastructure into Appendix 3, as well as criteria established to ensure their values and interests are recognised and provided for. Investigate an approach where a levy on resource consent holders is used to transparently fund science and research to improve the collective understanding of the freshwater resource. As the Treaty partner and, in giving effect to the Ngai Tahu Claims Settlement Act 1998, Ngāi Tahu is afforded the opportunity to play a leadership role in the enhancement and protection of ICOLLs. the NPS-FM being amended to clarify the NOF attributes apply to ICOLLs. 4 Statement of Position and Overall Recommendations

5 The NPS-FM being amended to state a transitional objective under Appendix 4 of the NPS-FM cannot be applied to an area wider than an ICOLL. Te Rūnanga supports Te Mana o Te Wai being adopted as an overarching objective in the content of the NPS-FM. Mana whakahono-a-rohe serve as a platform for councils and iwi to work together across all council functions Mana whakahono-a-rohe agreements should lead naturally to improved engagement with Te Rūnanga and an opportunity to express our relationship with freshwater in accordance with Policy D(1)(a) of the NPS- FM. Capacity and capability shortfalls need to be addressed in the short-term and are limiting the effectiveness of iwi engagement in freshwater processes. Iwi nominate one person to be part of any Special Tribunal to consider a Water Conservation Order. The Government should establish a targeted programme to support capacity and capability building based on the needs identified by iwi. The establishment of a sustainable fund to support iwi participation in fresh water management. The existing criteria for the 2014 Freshwater Improvement Fund should be retained and projects other than water infrastructure projects should be able to apply for funding. 3. TE RŪNANGA O NGĀI TAHU 3.1 This response is made on behalf of (Te Rūnanga). Te Rūnanga is statutorily recognised as the representative tribal body of Ngāi Tahu whānui and was established as a body corporate on 24th April 1996 under section 6 of Act 1996 (the Act). 3.2 We note for the Ministry the following relevant provisions of our constitutional documents: Section 3 of the Act States: This Act binds the Crown and every person (including any body politic or corporate) whose rights are affected by any provisions of this Act. Section 15(1) of the Act states: shall be recognised for all purposes as the representative of Ngāi Tahu Whānui The Charter of constitutes Te Rūnanga as the kaitiaki of the tribal interests Te Rūnanga respectfully requests that the Ministry accord this response the status and weight due to the tribal collective, Ngāi Tahu whānui, currently comprising over 50,000 members, registered in accordance with section 8 of the Act. 5

6 3.5. Notwithstanding its statutory status as the representative voice of Ngāi Tahu whānui for all purposes, Te Rūnanga accepts and respects the right of individuals and Papatipu Rūnanga to make their own responses in relation to this matter. 4. TE RUNANGA O NGAI TAHUINTERESTS IN THE NPS-FM AMENDMENTS 4.1 Te Rūnanga notes the following particular interests in the proposed amendments to the proposals outlined in the Next Steps for Freshwater Consultation Document. Treaty Relationship have an expectation that the Crown will honour Te Tiriti o Waitangi (the Treaty) and the principles upon which the Treaty is founded. The management of the environment and resources within the takiwā of Ngāi Tahu Whānui, including the natural environment, for which Ngāi Tahu Whānui have kaitiaki responsibilities and over which Ngāi Tahu Whānui maintain rangatiratanga status, must take into account the principles of the Treaty of Waitangi. There has already been acknowledgment from the Crown of the Ngāi Tahu interests within the environment covered by the regulations through Statutory Acknowledgments as set out in the Ngāi Tahu Deed of Settlement. Furthermore, agreed settlement outcomes and wider integrity of the Ngāi Tahu Settlement is to be protected and not marginalised or undermined as a result of any reforms relating to Freshwater Management. The NPS-FM including NOF and related reforms must not affect any rights or interests that Ngāi Tahu have in relation to water or other natural resources or any ability to claim such rights and interests. Kaitiakitanga In keeping with the kaitiaki responsibilities of Ngāi Tahu whānui, Te Rūnanga has an interest in ensuring sustainable management of natural resources, protecting taonga species and mahinga kai resources for future generations. Ngāi Tahu whānui are both users of natural resources, and stewards of those resources. At all times, Te Rūnanga is guided by the tribal whakataukī: mō tātou, ā, mō kā uri ā muri ake nei (for us and our descendants after us). Whanaungatanga Te Rūnanga has a responsibility to promote the wellbeing of Ngāi Tahu whānui and ensure that the management of Ngāi Tahu assets and the wider management of natural resources supports the development of iwi members. Te Pūtea Te Rūnanga through its commercial entities has significant landholdings within the Ngāi Tahu Takiwā which we are looking to make more productive within a sustainability framework which will lead best practice. Ngāi Tahu Whānui through a number of land incorporations, also have interests in the productive sector. 6 Te Runanga o Ngai TahuINTERESTS IN THE NPS-FM AMENDMENTS

7 4.2 Te Rūnanga has a specific interest by virtue of the Ngāi Tahu Claims Settlement Act 1998 (the NTCSA). The Act provides for Ngāi Tahu and the Crown to enter an age of co-operation. An excerpt of the Act is attached as Appendix One, as a guide to the basis of the post-settlement relationship, which underpins this response. 4.3 The Crown apology to Ngāi Tahu is a recognition of the Treaty principles of partnership, active participation in decision-making, active protection and rangatiratanga. 4.4 With regards to the Ngāi Tahu takiwā, Section 5 of the Act 1996 statutorily defines the Ngāi Tahu takiwā as those areas south of the northern most boundaries described in the decision of the Māori Appellate Court which in effect is south of Te Parinui o Whiti on the East Coast and Kahurangi Point on the West Coast of the South Island. 4.5 Section 2 of the Ngāi Tahu Claims Settlement Act 1998 statutorily defines the Ngāi Tahu claim area as being: the area shown on allocation plan NT 504 (SO 19900), being (a) the takiwā of Ngāi Tahu Whānui; and (b) the coastal marine area adjacent to the coastal boundary of the takiwā of Ngāi Tahu Whānui; and (c) the New Zealand fisheries waters within the coastal marine area and exclusive economic zone adjacent to the seaward boundary of that coastal marine area; and, for the purposes of this definition, the northern sea boundaries of the coastal marine area have been determined using the equidistance principle, and the northern sea boundaries of the exclusive economic zone have been determined using the perpendicular to the meridian principle from the seaward boundary of the coastal marine area (with provision to exclude part of the New Zealand fisheries waters around the Chatham Islands). (See the map attached as Appendix Two) 4.6 As set out above, the traditional and statutorily recognised interests of Ngāi Tahu in freshwater are significant, which is why appropriate management of this resource is of such importance to the iwi. 4.7 Te Rūnanga is a member of the Iwi Chairs Forum and the Freshwater Iwi Leaders Group and as such participates in direct discussions with the Crown in the Government s freshwater management reforms and related work streams. Te Rūnanga continues to remain committed to engaging directly with the Crown on these matters. 5. ENGAGEMENT WITH THE CROWN TO RESOLVE IWI RIGHTS AND INTERESTS 5.1 Te Rūnanga have consistently said any new framework to manage freshwater must be developed hand-in-hand with the resolution of iwi rights and interests in a contemporary post-settlement framework. 5.2 From a Ngāi Tahu perspective, the resolution of rights and interests in freshwater should provide for a rebalance between the value of rights held by any existing users and the rights and interests of Te Rūnanga to access water for economic development. For example, ensuring iwi are able to access an equitable share of ENGAGEMENT WITH THE CROWN TO RESOLVE IWI RIGHTS AND INTERESTS 7

8 allocable water and the ability to discharge contaminants within limits is a primary concern for Te Rūnanga. 5.3 It is for this reason that Te Rūnanga will continue to engage in direct dialogue with the Crown (through the Freshwater Iwi Leaders Group) to substantively resolve rights and interests in freshwater and, actively participate with multi-stakeholder groups such as the Land and Water Forum (LAWF) and Local Government New Zealand to continue the development of the new management framework for freshwater in Aotearoa. 5.4 Te Rūnanga acknowledges the intent of the current proposals contained in the Next Steps for Freshwater Discussion Document (the discussion document) are not designed to substantively resolve the full suite rights and interests in freshwater. To this end, Te Rūnanga consider the consultation document significantly under represents the full range of iwi rights, interests and aspirations for fresh water. 5.5 The current preference of Te Rūnanga is to continue a dialogue with the Crown at a leadership level to advance the range of solutions that will be required to address Iwi rights and interests in freshwater. Consistent with this approach, amendments to improve the existing framework for managing freshwater also must continue to the satisfaction of. 5.6 The Crown should note that if necessary, Te Rūnanga will consider taking further and alternative action to preserve and protect its rights and interests in this regard. Recommendations 5.7 Te Rūnanga recommends the following: The Crown needs to commit to substantively addressing iwi rights and interests in freshwater through direct discussions with iwi leaders; and Ensure that overall freshwater reforms incorporate mechanisms compatible with satisfactory resolution of iwi rights and interests from an iwi perspective. 6. SECTION 1: FRESHWATER AND OUR ENVIRONMENT 6.1 Te Rūnanga agrees that the government needs to improve existing, and provide new national direction to facilitate the implementation of the National Policy Statement for Freshwater Management 2014 (NPS-FM). 6.2 Te Rūnanga supports the focus of the NPS-FM on setting robust and enforceable limits and, addressing over-allocation through setting and achieving targets over time. 6.3 The problem that Te Rūnanga wants to reiterate is the level at which National Bottom Lines are currently set in the NPS-FM. At this time, the National Bottom Lines for human health and ecosystem health fall well below the expectations of Te Rūnanga. Specifically, we remain concerned that the National Bottom Line for human health is set as wadable and is not set at primary contact (ie, swimmable). As an absolute minimum, Te Rūnanga believes swimmable should be included as an aspirational objective within the body of NPS-FM that must be achieved in the fullness of time. 6.4 Te Rūnanga supports the Government s commitment to continuing the development of new attributes for inclusion in the National Objective Framework (NOF). Te Rūnanga considers that iwi kātoa must have the option to appoint SECTION 1: FRESHWATER AND OUR ENVIRONMENT 8

9 technically proficient people to be an active part of any working group that is set up to develop new attributes for inclusion in the NOF. 6.5 Te Rūnanga continues to be concerned by the Government s approach to continually refine and reinforce the averaging concept through maintain and improve water quality across a region in the NPS-FM. Te Rūnanga fundamentally opposes any policy that arbitrarily averages water quality over a spatial area. The proposal to change the scale of averaging from a region to a Freshwater Management Unit (FMU) does not alleviate Te Rūnanga concerns regarding the averaging of water quality. Te Rūnanga considers that maintain or improve needs to be measured within and not across a spatially defined area. If flexibility is a problem for regional councils, Te Rūnanga considers there are more appropriate and transparent methods for achieving this outcome that can be developed by the regional council and their communities. 6.6 The proposal to improve the measurement of maintain and improve through the use of broad narrative bands in the NOF provides little comfort to Te Rūnanga that water quality can be accurately measured. Te Rūnanga have previously stated their preference is for the measurement of attributes states in the NOF is through the application of specific numbers and not broad bands (eg, a range of potential numbers). The proposal, if it was accepted, means water quality could gradually decline over time, as it is possible shift within a band (eg, from the top to the bottom of the B-band) and yet still be classified as being that band. Any proposal to move away from using numerical attribute states would not be supported by Te Rūnanga. 6.7 Te Rūnanga notes that the Ngāti Kahungunu Iwi Inc v Hawke's Bay Regional Council established an important precedent that overall quality of fresh water within a region be maintained or improved and, that adopting an overs and unders policy approach is contrary to the NPS-FM. Te Rūnanga supports the NPS- FM being amended to reflect this decision by ensuring overall water quality is maintained or improved within a Freshwater Management Unit. 6.8 Te Rūnanga supports the inclusion of takes and discharges of water from urban and rural areas as part of a comprehensive and integrated approach to managing freshwater consistent with Objective C1 of the NPS-FM. 6.9 Te Rūnanga supports the proposal to include the Macro Invertebrate Community Index (MCI) as an mandatory indicator for water quality. In the absence of MCI being an attribute in the NOF, Te Rūnanga believes the Government needs to elevate MCI as a mandatory indicator of water quality that regional councils must use in their Section 35(2) environmental reporting for freshwater Te Rūnanga supports in principle the concept of excluding livestock from waterways and the resultant benefits of reducing contaminant loss directly to water bodies over time. Given the scope of work excludes slopes over 15 degrees, the timeframes for implementation of stock exclusion appear excessive and should be reduced. Te Rūnanga considers the Government could consider stock exclusion on slopes that are greater than 15 degrees if the policy was more flexible and durable. Landowners should be given opportunities either individually or combined at the sub-catchment scale to achieve similar outcomes to fencing water bodies using different incatchment methods (eg, constructed wetlands) that are scientifically proven to be effective. Recommendations 6.11 Te Rūnanga recommends the following: SECTION 1: FRESHWATER AND OUR ENVIRONMENT 9

10 Amend the NPS-FM to maintain or improve water quality within a spatially defined area (eg, a region or a Freshwater Management Unit). Amend the NPS-FM to set contact recreation or swimmable as a compulsory aspirational national outcome for freshwater that the community and Aotearoa to work towards over time. The National Bottom Lines for each of these compulsory values need to be elevated to provide for improved water quality outcomes. The NPS-FM requires councils to maintain or improve water quality at least at the level of the limit established in accordance with Objective A1 and Policy A1. Monitoring of water quality should be consistent with the limit as defined in the regional plan. Iwi are involved in the decision making process for the definition of FMUs to ensure they are consistent with iwi values and aspirations, particularly if groups of similar lakes and rivers are going to be grouped into a single FMU. Councils must maintain water quality at all points within a NOF so there is no downward trend in water quality at any point throughout the NOF band. Te Rūnanga supports the exclusion stock from water bodies in principle and considers the timeframes for implementation are excessive and should be reduced. 7. SECTION 2: ECONOMIC USE OF FRESHWATER 7.1 Te Rūnanga have always been clear that the health and wellbeing of a water body is paramount. Te Mana o Te Wai dictates that in-stream limits and targets to achieve an agreed level of water quality must be set and any over-allocation addressed, before the rights of existing users are strengthened to facilitate transfer. Te Rūnanga, as part of the Freshwater ILG, have also stipulated that rights and interests should be substantively resolved prior to existing rights being strengthened. 7.2 Te Rūnanga supports proposal 2.1 and 2.2 that requires councils to apply technical efficiency standards and Good Management Practice standards (GMP) in catchments that are at, or approaching, full allocation of water. Te Rūnanga considers that any water that is recovered from the application of technical efficiency and capacity to discharge contaminants from the adoption of GMP should, in the first instance, be used to address over-allocation (where this exists) to meet water quality limits. The reality is, however, that application of technical efficiency and adoption of GMP alone will not address degraded water quality. 7.3 The proposal to transfer resource consents between users and land uses raises a number of significant issues for Te Rūnanga, particularly around modifying and strengthening existing resource consents. Te Rūnanga considers strengthening the rights of existing resource consent holders will adversely impact on the ability of the Government to adequately resolve the rights and interests of Ngāi Tahu in respect of freshwater. This view is supported by technical evidence from Sapere Group that suggests modifying existing resource consents to enable transfer will strengthen the nature of rights and increase the value of that right as a tradable commodity. 10 SECTION 2: ECONOMIC USE OF FRESHWATER

11 7.4 While Te Rūnanga does not oppose the proposal to allow exceptions for significant infrastructure, Policy CA3 requires amendment to reduce the risk of unintended consequences. Te Rūnanga considers the existing test of significant infrastructure contributes to degraded water quality is too low and should be amended to causes degraded water quality. The risk in using the existing test is that the actual cause of the water quality degradation (eg, diffuse source of contaminants from land use) could be masked by significant infrastructure which may only contribute in a minor way to the problem. 7.5 Regional Councils should have more ability to fund the research and science that is required to appropriately manage freshwater. Te Rūnanga encourages the Government to explore a similar model to current research funding in the management of fisheries resources where a levy is charged to the owners of quota. A similar system of levying the holders of resource consents could provide revenue to fund new research and science that would improve the knowledge of the freshwater resource. Recommendations 7.6 Te Rūnanga recommends the following: Good Management Practice standards and technical efficiency standards need to apply to all users in all catchments, not just those in catchments at or approaching full allocation. In achieving Te Mana o Te Wai, any capacity to discharge contaminants and water recovered from the application of technical efficiency and the adoption of good management practice should, in the first instance, be used to address over-allocation (where this exists) Policy CA3 of the NPS-FM should be amended so that an exception only applies in the situation where significant infrastructure causes water quality degradation. Greater iwi and hapū involvement in the decision-making process for including any significant infrastructure into Appendix 3, as well as criteria established to ensure their values and interests are recognised and provided for. Investigate an approach where a levy on resource consent holders is used to transparently fund science and research to improve the collective understanding of the freshwater resource. 8. INTERMITTENTLY CLOSING AND OPENING LAKES AND LAGOONS (ICOLLS) 8.1 Te Rūnanga notes that all the ICOLLs identified in the consultation document are within the Ngāi Tahu takiwā and are areas of cultural significance to Ngai Tahu and some are recognised as Statutory Acknowledgements with the Ngai Tahu Claims Settlement Act Proposals related to the ICOLLs should be discussed directly with Te Rūnanga, and Te Rūnanga must be included in any decision making process regarding proposals to establish transitional objectives/including an ICOLL within Appendix intermittently closing and opening lakes and lagoons (ICOLLS)

12 8.3 Addressing the water quality issues for ICOLL requires an integrated approach which takes into account the impact upstream activities have on ICOLLs water quality. Recommendations 8.4 Te Rūnanga recommends the following: As the Treaty partner and, in giving effect to the Ngai Tahu Claims Settlement Act 1998, Ngāi Tahu is afforded the opportunity to play a leadership role in the enhancement and protection of ICOLLs. the NPS-FM being amended to clarify the NOF attributes apply to ICOLLs. The NPS-FM being amended to state a transitional objective under Appendix 4 of the NPS-FM cannot be applied to an area wider than an ICOLL. 9. SECTION 3: IWI RIGHTS AND INTERESTS IN FRESHWATER 9.1 Te Rūnanga are continuing to work with Ministers and officials to ensure Te Mana o Te Wai is appropriately incorporated into the NPS-FM and other relevant aspects of the freshwater management regime. Ultimately the NPS-FM must give effect to Te Mana o Te Wai. 9.2 Te Mana o Te Wai places the health and well-being of the water body and its ability to meet the needs and aspirations of iwi and the wider community at the centre of fresh water management. Te Rūnanga considers this approach empowers the community to set aspirational outcomes for water quality over time and should avoid water quality being flat-lined through the misapplication of national bottom lines. 9.3 While Te Rūnanga broadly supports the proposal to include Te Mana o Te Wai in as a purpose statement in the NPS-FM, regional councils need to do more than merely reflect Te Mana o Te Wai through implementation. Ultimately if the community aspiration for water quality is substantively higher than what currently exists then the regional council must give effect to the community s expression of Te Mana o Te Wai and work with the community to determine how this can be achieved over time. 9.4 Te Rūnanga believe the Mana whakahono-a-rohe agreements need to serve as a platform for councils and iwi to work together across all council functions. Thismean the scope of the Mana whakahono-a-rohe agreements must canvas all regional council and territorial authority functions including those that relate to freshwater. 9.5 The proposal to engage with iwi at an early stage to identify relationships with water bodies is consistent with Policy D(1)(a) of the NPS-FM and is supported by Te Rūnanga. Ideally this process would occur as a natural extension of the Mana whakahono-a-rohe agreements. 9.6 Capability and capacity to engage in the myriad of collaborative freshwater process continues to be a problem for Te Rūnanga. The proposals to support iwi engagement and recognise iwi values will not deliver the expected outcomes without adequate funding. Research by both the Government (TPK Kaitiaki Survey 2012) and the IAG highlights the ongoing need for additional resourcing to support iwi participation in RMA processes (including fresh water management). 9.7 While not specifically requesting changes to provisions guiding Water Conversation Orders, Te Rūnanga supports the proposal to require one person nominated by iwi to be part of any Special Tribunal to consider a Water Conservation Order. 12 SECTION 3: IWI RIGHTS AND INTERESTS IN FRESHWATER

13 Recommendations 9.8 Te Rūnanga recommends the following: Te Rūnanga supports Te Mana o Te Wai being adopted as an overarching objective in the content of the NPS-FM. Mana whakahono-a-rohe serve as a platform for councils and iwi to work together across all council functions Mana whakahono-a-rohe agreements should lead naturally to improved engagement with Te Rūnanga and an opportunity to express our relationship with freshwater in accordance with Policy D(1)(a) of the NPS- FM. Capacity and capability shortfalls need to be addressed in the short-term and are limiting the effectiveness of iwi engagement in freshwater processes. Iwi nominate one person to be part of any Special Tribunal to consider a Water Conservation Order. 10. SECTION 4: FRESHWATER FUNDING 10.1 Te Rūnanga broadly supported the purpose and intent of the Freshwater Improvement Fund as initially proposed in There are significant benefits to funding the retirement of land adjacent to important water bodies, for example those water bodies that have cultural significant to Te Rūnanga The proposal to amend the criteria to align with proposed water infrastructure projects would severely constrain the application of the funding to only those water bodies that were within or adjacent to water reticulation infrastructure and within the reticulated catchments. It is also unclear whether applications other than water infrastructure projects could apply to utilise the allocated funding While the proposal suggests the economic benefits of any proposed water infrastructure project would not be funded, there would be nothing preventing such a project from utilising (or ear-marking) the funding to ramp up the perceived environmental benefits through the purchase of land for retirement In any event, Te Rūnanga suggests the existing criteria are already sufficiently broad to enable a well-designed and considered water infrastructure project to potentially apply for this funding to improve the overall net benefit to the environment of land retirement. Recommendations 10.5 Te Rūnanga recommends the following: The Government should establish a targeted programme to support capacity and capability building based on the needs identified by iwi. The establishment of a sustainable fund to support iwi participation in fresh water management. 13 SECTION 4: FRESHWATER FUNDING

14 The existing criteria for the 2014 Freshwater Improvement Fund should be retained and projects other than water infrastructure projects should be able to apply for funding. 14 SECTION 4: FRESHWATER FUNDING

15 APPENDIX ONE: TEXT OF CROWN APOLOGY The following is text of the Crown apology contained in the Ngāi Tahu Claims Settlement Act Part One Apology by the Crown to Ngāi Tahu Section 6 Text in English The text of the apology in English is as follows: 1. The Crown recognises the protracted labours of the Ngāi Tahu ancestors in pursuit of their claims for redress and compensation against the Crown for nearly 150 years, as alluded to in the Ngāi Tahu proverb He mahi kai takata, he mahi kai hoaka ( It is work that consumes people, as greenstone consumes sandstone ). The Ngāi Tahu understanding of the Crown's responsibilities conveyed to Queen Victoria by Matiaha Tiramorehu in a petition in 1857, guided the Ngāi Tahu ancestors. Tiramorehu wrote: This was the command thy love laid upon these Governors that the law be made one, that the commandments be made one, that the nation be made one, that the white skin be made just equal with the dark skin, and to lay down the love of thy graciousness to the Māori that they dwell happily and remember the power of thy name. The Crown hereby acknowledges the work of the Ngāi Tahu ancestors and makes this apology to them and to their descendants. 2. The Crown acknowledges that it acted unconscionably and in repeated breach of the principles of the Treaty of Waitangi in its dealings with Ngāi Tahu in the purchases of Ngāi Tahu land. The Crown further acknowledges that in relation to the deeds of purchase it has failed in most material respects to honour its obligations to Ngāi Tahu as its Treaty partner, while it also failed to set aside adequate lands for Ngāi Tahu's use, and to provide adequate economic and social resources for Ngāi Tahu. 3. The Crown acknowledges that, in breach of Article Two of the Treaty, it failed to preserve and protect Ngāi Tahu's use and ownership of such of their land and valued possessions as they wished to retain. 4. The Crown recognises that it has failed to act towards Ngāi Tahu reasonably and with the utmost good faith in a manner consistent with the honour of the Crown. That failure is referred to in the Ngāi Tahu saying Te Hapa o Niu Tireni! ( The unfulfilled promise of New Zealand ). The Crown further recognises that its failure always to act in good faith deprived Ngāi Tahu of the opportunity to develop and kept the tribe for several generations in a state of poverty, a state referred to in the proverb Te mate o te iwi ( The malaise of the tribe ). 5. The Crown recognises that Ngāi Tahu has been consistently loyal to the Crown, and that the tribe has honoured its obligations and responsibilities under the Treaty of Waitangi and duties as citizens of the nation, especially, but not exclusively, in their active service in all of the major conflicts up to the present time to which New Zealand has sent troops. The Crown pays tribute to Ngāi Tahu's loyalty and to the contribution made by the tribe to the nation. APPENDIX ONE: Text of Cro 15

16 6. The Crown expresses its profound regret and apologises unreservedly to all members of Ngāi Tahu Whānui for the suffering and hardship caused to Ngāi Tahu, and for the harmful effects which resulted to the welfare, economy and development of Ngāi Tahu as a tribe. The Crown acknowledges that such suffering, hardship and harmful effects resulted from its failures to honour its obligations to Ngāi Tahu under the deeds of purchase whereby it acquired Ngāi Tahu lands, to set aside adequate lands for the tribe's use, to allow reasonable access to traditional sources of food, to protect Ngāi Tahu's rights to pounamu and such other valued possessions as the tribe wished to retain, or to remedy effectually Ngāi Tahu's grievances. 7. The Crown apologises to Ngāi Tahu for its past failures to acknowledge Ngāi Tahu rangatiratanga and mana over the South Island lands within its boundaries, and, in fulfilment of its Treaty obligations, the Crown recognises Ngāi Tahu as the tangata whenua of, and as holding rangatiratanga within, the Takiwā of Ngāi Tahu Whānui. Accordingly, the Crown seeks on behalf of all New Zealanders to atone for these acknowledged injustices, so far as that is now possible, and, with the historical grievances finally settled as to matters set out in the Deed of Settlement signed on 21 November 1997, to begin the process of healing and to enter a new age of co-operation with Ngāi Tahu. APPENDIX ONE: Text of Cro 16

17 APPENDIX TWO: NGĀI TAHU TAKIWĀ 17 APPENDIX TWO: Ngāi Tahu Takiwā