BEFORE THE ENVIRONMENT COURT ENV-2016-AKL- 42 and 45. of the Resource Management Act 1991 (RMA) of two appeals under s 120 of the RMA

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BEFORE THE ENVIRONMENT COURT ENV-2016-AKL- 42 and 45 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of two appeals under s 120 of the RMA BETWEEN NGA POTIKI A TAMAPAHORE TRUST AND OTHERS Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND ASTROLABE COMMUNITY TRUST Applicant PRIMARY STATEMENT OF EVIDENCE OF BARRIE WILLIAM WILKINSON FOR TE RŪNANGA O NGĀTI WHAKAUE KI MAKETŪ INC. AND TE ARAWA TAKITAI MOANA KAUMATUA FORUM Dated: 22nd December 2016

Page 2 INTRODUCTION 1. My name is Barrie William Wilkinson. 2. I am 82 years of age. I live at 38 Townpoint Road, Maketū. 3. I was born in Mananui Township in Taumaranui. My parents moved to Hamilton and finally to Papamoa, Mt Maunganui. 4. My whakapapa to Maketū is through my great, great grandmother who was a Wikiriwhi (Whitcliffe) of Maketū. 5. I married my wife Aroha Gwenvillan Woods in April 1961. We raised our family in Maketū. 6. In my working life, I was a farmer, commercial fisherman, freezing worker and served as a councillor on the District Council. 7. In my private life, I was a marae fisherman for Whakaue Kaipapa marae. 8. My wife and I founded the Taiapure in Maketū. 9. My wife and I were part of the Maketū Action Group. We campaigned for 20 years to return the Kaituna River to the Maketū Estuary. 10. I support Te Rūnanga o Ngāti Whakaue ki Maketu Inc. and I am a member of Te Arawa Takitai Moana Kaumatua Forum. BOUNDARIES /ROHE 11. As a fisherman, I fished from Wairakei Stream, Papamoa to the east side of Waitahanui, and Otamarakau. We fished at Okaparu Reef, Taumaihi, Motiti, Astrolabe Reef (Otāiti), Schooner Rocks, and Motunau (Plate). These areas are in the common marine and coastal area and within a radius of approximately 14 kilometres from Maketū. Motiti is where I would take shelter if a storm arose and I was out fishing at Otāiti. I would take shelter for the night. Motiti is approximately four kilometres from Otāiti.

Page 3 RANGITIRATANGA 12. Ngāti Whakaue has a rangatira (chiefly) presence in Maketū. The marae Whakaue Kaipapa on the shores of the Maketū estuary is the congregation place where the hapū carry out their cultural practices. RELATIONSHIPS WITH OTHER TRIBES 13. In setting up the Taiapure in Maketū, I would travel to Motiti to discuss forming a Taiapure for Motiti island. The objective was for them to be able to look after their customary resources surrounding the island. 14. Unfortunately, a Taiapure did not come to fruition at Motiti. However there have been recent inquiries. 15. We would provide fish for other marae when they had tangi or an important event on. Many did not have their own boats so we would also accommodate them. TIKANGA 16. Say your karakia before you venture out fishing, and when you come home to your whanau. 17. Give back to Tangaroa your first fish. I would give back the breeding fish so as to keep the species breeding. 18. When you are on the boat, take your paru (rubbish) home with you. 19. If other fishermen or divers are in trouble, go to their rescue. I had a friend of mine he was from Motiti, an Aukaha, we used to work together in Whakatane. I was going fishing at Otāiti and I saw him just sitting on a rock in the middle of the sea waving at me. He was swearing about his whanaunga (relations) leaving him there. Jump in, I said, I ll take you to find them. We found them a few miles away, they had lost their anchor and drifted as they could not start their motor. 20. The next generation of Whakaue fisherman were taught by the older fisherman (Paho Moses, Winiata, Jackie and Raki Tapsell); all these men were very knowledgeable on the marine environment. The wananga

Page 4 (workshop) was carried out at Otāiti for me. I learnt about the winds, moon, the tides, currents, fish species and other information. TRADITIONAL FISHING PRACTICES 21. The further out to sea you go the further inland you can see. Fishing grounds can be lost once a tree or rock that you have been using as a bearing is removed. So, for me, I marked the traditional fishing grounds on my copies of the maritime ocean charts. 22. The traditional fishing grounds were known by the species of fish that were present there. Most fishing grounds are dependent on the state of currents, tides, winds, phases of the moon and the seasons. 23. The hapuku fish could not be caught in shallow waters such as the waters that surround Maketū. They were deep-sea fish and we as fishermen had to go further out to sea to the fishing grounds. 24. The tarakihi fish was a cooking fish that the marae cooks preferred. They too could be sourced from the deep-sea fishing grounds. 25. A fisherman s hapū responsibility is to feed the people. We were the hunters and gatherers of the sea for Whakaue Kaipapa Marae in Maketū and other marae that needed a hand. 26. When there was a tangi or function on the marae they would call upon us as fishermen to provide a catch of fish. 27. The species of fish we caught was dependent on whether it was a tangi, or whether we were welcoming an important chief or official to the marae. HAPŪ KNOWLEDGE 28. I am very careful when talking about fishing grounds and fishing knowledge. It is a legacy that I for one have felt a great responsibility to enhance, protect and preserve. 29. It is Ngāti Whakaue hapū knowledge that has been handed down to me. I have in turn added to the knowledge (kete aronui) and refined some methods of use. I take my role seriously as a kaitiaki of this knowledge.

Page 5 30. I was selected by the old fishermen of Ngāti Whakaue ki Maketū to become a marae fisherman. 31. They passed their hapū knowledge of fishing onto me. I was taught about currents, tides, the moon, location of fishing grounds and other information. 32. The marae fishermen all lived at Maketū, and by whakapapa (genealogy) and intermarriages we were whanaunga (relatives). This ensured that the knowledge we had would be passed through the whakapapa links of the respective whanau who had whanau links to each other. 33. The Astrolabe Reef was a kohanga (learning nest) for me. It was where the older fisherman taught the younger fisherman. It was the tuakana / teina method of learning where the knowledge was being passed on. EFFECTS AS A RESULT OF THE OIL SPILL ON THE MAKETŪ COASTLINE 34. The estuary is highly significant to Ngāti Whakaue for recreational purposes, its significant cultural value and history and because it too, is the environmental focal point of importance for the hapū. 35. We have lost the enjoyment of watching our mokopuna swim, dive and gather kai in the Maketū estuary. 36. We have also lost the enjoyment of watching our mokopuna fishing from the shore, and throwing out hand lines to catch fish from the mouth of the estuary. 37. There have been adverse impacts on the native birds nesting on the Maketū Spit that lost kai and the means to survive in the natural environment. 38. There are the impacts of plastic beads coming ashore and bags of beads remaining at Newdicks Beach, Maketū, creating an eyesore. 39. Oil discharge is continuing to leak from the MV Rena wreck and washing ashore. EFFECTS AS A RESULT OF THE OIL SPILL ON KAIMOANA 40. People in the community are still coming across oil on the beaches.

Page 6 41. We are concerned the oil continues to contaminate our kaimoana (seafood). 42. There is a lack of monitoring on our kaimoana species. This should be an ongoing practice. EFFECTS OF CONTINUED DISCHARGES FROM MV RENA AND ITS CARGO ON THE MAURI OF THE MARINE ENVIRONMENT 43. When Ngāti Whakaue visited the Astrolabe Reef around 2013/14 I did not think the reef was in a healthy state. There were no signs of a work up where the big fish move the smaller fish to the surface. 44. There were no sea birds diving for the school fish just under the surface. 45. In my opinion the mauri of the reef had been adversely affected. EFFECTS AS A RESULT OF THE OIL SPILL ON THE HEALTH OF NGĀTI WHAKAUE WHANAU IN MAKETŪ 46. The long term physical effects on human health is something we do not know. Cancer and DNA degradation should be researched. 47. The smell from the oil was bad when it initially came ashore at Maketū. 48. Maketū and the oil spillage was on the six o clock television news. Our local people (Niven Rae and Carol Poihipi) were seen arguing and screaming at each other outside the Maketū Surf Club. 49. Signs of the community feelings were stress, anger, fear, shock, anxiety, loss, helplessness all the feelings that would make individual people, Ngāti Whakaue and the Maketū community breakdown mentally. CULTURAL EFFECTS OF MV RENA REMAINING ON OTĀITI AND THE SEABED 50. Removal of the wreck would uplift the spirits of our people. 51. We want to know - are the scientists monitoring the mercury in the containers? Are there health checks carried out on fish species?

Page 7 52. The containers when they burst, and they will burst, it is only a matter of time - what are the impacts going to be on the ecology, on the islands and Maketū? No one can tell us for sure, they can only predict. What actions are in place besides monitoring? 53. Leaving the wreck at Otāiti will take us into an area of not knowing what we can expect in the future when the wreck and the containers break down. This is what the future generations will be left with. 54. To leave even part of the MV Rena wreck in place could set a precedent in the event of future vessels grounding. FAILURE TO CONSULT 55. Consultation with the MV Rena team was through the efforts of Te Rūnanga o Ngāti Whakaue ki Maketū Incorporated (Rūnanga). 56. The Rūnanga invited the MV Rena owner and their team to Maketū to meet with Ngāti Whakaue of Maketū. Other hapū were being consulted regarding Maketū, and Ngāti Whakaue was not. 57. At that time the Owner/Applicant was allowing tangata whenua trips to Otāiti. Ngāti Whakaue ki Maketū were invited to take hapū members to visit Otāiti, and we did. FAILURE TO GRANT RELIEF TO OTHER PARTIES 58. My concern has always been for the marine environment, and the relief that I would like to see is the removal of the wreck and the contaminants from the marine environment. Dated this 22 nd day of December 2016 Barrie Wilkinson