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Report - Environmental Protection Authority

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‘Ko te pae tawhiti, whaia kia tata. Ko te pae tata, whakamāua kia tina’<br />

Tangoio Marae<br />

Māori National Network Wānanga<br />

Cultural Risk Assessment & Future Planning<br />

Tangoio Marae, Napier – 6 & 7 May 2010<br />

Draft <strong>Report</strong><br />

The wānanga was graciously hosted by Marangatūhetāua or Ngāti Tū at Tangoio Marae near Napier.<br />

After the initial pōwhiri, kaumātua Bevan Taylor provided members with an introduction to the marae,<br />

the region and its history, as well as sharing some of the kōrero about the wharenui.<br />

Toi Te Huatahi alias Toi Kairākau, the famous navigator and seafarer established his southern most Pa<br />

at Tangoio. From his son Awanuiārangi descended Te Koaupari paramount and founding chief of<br />

Ōtātara Pa. From Te Koaupari descended Tukapua first founding ancestor of Ngāti Tū.<br />

The wharenui itself is illustrated by the following expression; E tū ana a Pūnanga te Wāo hei ahuru<br />

mōwai mo te hunga, Stand O Te Pūnanga te Wāo as a sanctuary for your people.<br />

Ngā mihi aroha ki a koutou te Whānau o Marangatūhetāua. Tēnā koutou mo ō mihi mai ki a<br />

mātou mo te mahi manaaki tangata. Nō reira tēnei ano te mihi, tēnā koutou, tēnā koutou, tēnā<br />

mai tātou katoa<br />

Executive Summary<br />

Purpose<br />

At the Annual Māori National Network hui held in September 2009 at Te Puea Memorial Marae in<br />

Auckland, members agreed to focus their next two day wānanga on cultural risk assessment models<br />

and future planning for the Network.<br />

Day 1 involved presentations, workshops and discussion sessions providing guidance on identifying<br />

and assessing cultural effects specific to Māori arising from HSNO applications. Presentations were<br />

provided by ERMA New Zealand staff and Network members involved in developing models for<br />

cultural risk assessment.<br />

Day 2 was facilitated as a strategic planning session providing Network members with the chance to<br />

brainstorm about where they would like to see the Network in 10 years time. This was the first<br />

opportunity for the Network to undertake ‘blue skies’ thinking about its future and involved an initial<br />

re-cap of the journey the Network has been on since its inaugural hui back in 2003.<br />

1


Approximately 40 Network members attended the wānanga along with members of Ngā Kaihautū and<br />

ERMA staff.<br />

Summarised outcomes<br />

The following points summarise the issues addressed during the hui and therefore reflect the overall<br />

outcomes for participants.<br />

An improved awareness of the importance of clearly identifying effects specific to Māori in<br />

HSNO Act application proposals.<br />

An understanding of the concept of risk as it applies to HSNO Act decision making and the<br />

way ERMA New Zealand assesses the risks, costs and benefits of application proposals.<br />

Information sharing about new tools to facilitate effective consultation and alternative models<br />

for assessing cultural risk and opportunity.<br />

Information sharing about proposals to establish a new <strong>Environmental</strong> <strong>Protection</strong> <strong>Authority</strong><br />

and the potential implications for iwi/Māori.<br />

A long term view of the potential of the Māori National Network in the environmental<br />

management sector.<br />

Facilitation<br />

Tipene Wilson from Maximize Consultancy Ltd (and Māori National Network member) facilitated the<br />

two day wānanga using his experience with the Network and in business and strategic planning.<br />

Feedback received from participants was extremely positive with regard to the facilitation.<br />

Participants noted that the style, nature and knowledge that Tipene brought to the role were<br />

instrumental to the success of the hui. ERMA New Zealand is extremely grateful to Tipene for<br />

undertaking the facilitation for this hui and for his ongoing contributions to the Māori National<br />

Network.<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010<br />

2


Day 1: Cultural Risk Assessment<br />

Identifying effects<br />

ERMA staff facilitated a session aimed at improving the identification of effects specific to Māori<br />

during consultation and public submission stages of HSNO applications. The importance of<br />

identifying effects specific to Māori was highlighted, noting that the HSNO Act includes provisions<br />

that require these issues be considered in decision making. Whilst identifying general environmental<br />

or health effects in submissions is useful and valuable, it is the effects specific to Māori that provide a<br />

point of difference and emphasis in terms of Part 2 of Act.<br />

Members were advised of the type of information ERMA New Zealand needs when undertaking its<br />

risk assessment:<br />

a) What the effect is (eg, poses a negative effect to the mauri of waterways);<br />

b) How the effect might occur or what are the possible pathways to exposure (eg, through the aerial<br />

distribution of a vertebrate toxic agent; through the decaying of a poisoned animal carcass in the<br />

water);<br />

c) What evidence is noticed or might be noticed as a result of the activity (eg, fewer tuna present in<br />

the waterway; discolouration and peculiar taste); and<br />

d) What weight would be given to the effect (eg, how significant are tuna to the affected whānau,<br />

hapū, or iwi, and therefore is a depletion of tuna harmful in terms of tikanga and mātauranga<br />

Māori; is the waterway a significant body of water for healing and therefore its healing properties<br />

might be compromised – how significant is this?).<br />

A copy of the presentation is provided in Appendix 1.<br />

Workshop:<br />

Members were separated into five workshop groups to practice clearly identifying effects specific to<br />

Māori working through a) to d) above. The scenarios provided were:<br />

- An application to sequence native and/or valued species (2 groups)<br />

- The field testing of GM cows in outdoor containment<br />

- The use of methyl bromide in the fumigation of import and export goods<br />

- The release of a biological control agent<br />

Participants presented their workshop findings back to the group and a general discussion followed.<br />

Most groups were able to clearly describe how the various effects could occur, but only some were<br />

able to identify the types of evidence they would expect to see. Most groups found it challenging to<br />

consider weighting each effect and time constraints did not allow sufficient opportunity to discuss this<br />

issue more fully. Overall the effects identified can be summarised into three key themes which<br />

applied across each scenario universally (a full list of the effects identified is provided in Appendix 2).<br />

Kaitiakitanga – members recognised that all of the scenario applications posed both potential risks and<br />

potential benefits to kaitiakitanga in terms of their ability to manage and enhance the whenua, flora<br />

and fauna, waterways, air and other taonga.<br />

Manawhenua – most groups noted concern about the ‘power’ relationship between applicants and<br />

tangata whenua groups and the subsequent impacts this might have on their ability to effectively<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010<br />

3


manage the resources in their own rohe. They also noted, however, that in some cases the scenarios<br />

had a potential positive impact on their mana in terms of providing tools and options for improved<br />

managment. However the reality of these beneficial effects relied significantly on the nature of the<br />

relationship with the applicants.<br />

Whakapapa – Members identified that all the scenarios had a range of implications with regard to<br />

whakapapa. The GM scenario posed direct impacts through the manipulation of genetic material,<br />

whilst the others posed more indirect effects by changing or disregarding the relationship between<br />

species. Although some beneficial health, conservation management and biosecurity effects were<br />

identified, members noted that because of the importance of whakapapa to Māori, the potential<br />

negative effects were likely to be of more weight and significance.<br />

Post workshop discussion:<br />

As a result of the workshop exercise ERMA staff reinforced the importance of iwi/Māori providing<br />

good information during consultation and/or public submission processes to enable a more beneficial<br />

decision making outcome. It is important for iwi to be articulate about describing their effects – they<br />

need to tell their story. There was also some discussion about the value of iwi/ Māori groups making<br />

their iwi management plans available to ERMA New Zealand. They are a further source of useful<br />

information about issues and sites of significance to iwi/ Māori groups. They can also contribute to<br />

risk assessments, or to the consultative advice ERMA staff provide to applicants.<br />

A number of questions were raised about the mechanisms for engagement between applicants and iwi/<br />

Māori. ERMA staff noted that the HSNO Act does not require engagement but the <strong>Authority</strong><br />

recognised that the only way to get the information they needed was for the applicant to engage with<br />

iwi/Māori. However, ERMA’s experiences indicate that applicants often do not achieve an optimal<br />

outcome from consultation. Some Network members are part of an ERMA facilitated review advisory<br />

group currently reviewing ERMA New Zealand’s policies for consultation with Māori, to make<br />

improvements both to the consultation process and hopefully, to the outcomes.<br />

Participants noted frustration at the level of significance afforded Māori issues in the HSNO Act (ie,<br />

‘take into account’). Some discussion followed about the likelihood of a review of the HSNO Act in<br />

the next few years which may provide an opportunity for people to submit their views. Some clarity<br />

about the relationship of the HSNO Act with other pieces of legislation (eg, the RMA and Biosecurity<br />

Act) was also provided by ERMA staff noting their complimentarity across the environmental<br />

management regime.<br />

In concluding the session, ERMA staff reminded members that they are always available to meet or<br />

discuss any applications or related issues. There is also a small fund available to support the active<br />

engagement of Māori with the HSNO decision making process.<br />

Assessment of effects<br />

Asela Atapattu (New Organisms Applications Manager) provided a presentation explaining the<br />

difference between risk and hazard. He noted that hazard is a factual description of something that<br />

could cause harm and risk is based on a range of assumptions about the likelihood and magnitude of a<br />

hazard occurring (see Appendix 3).<br />

Asela also provided some information on the risk assessment framework used when processing HSNO<br />

applications. When a HSNO application is submitted to ERMA New Zealand a process of ‘effect<br />

identification’ is undertaken and then the risk of that effect occurring is assessed based on a range of<br />

information. Once complete the <strong>Authority</strong> is tasked with considering the risks and weighing them<br />

against each other. Where beneficial effects outweigh adverse effects an approval is able to be given.<br />

4<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010


Participants were then divided back into their workshop groups and asked to use the ERMA<br />

framework for assessment (ie, likelihood and magnitude) to consider the effects identified in the first<br />

session. It was hoped that this session would trigger discussions about whether the existing<br />

framework is adequate, and provided ideas for possible improvements or alternatives.<br />

Post Workshop Discussion:<br />

Participants found it extremely challenging to attribute likelihood and magnitude ratings against<br />

effects. They recognised that for many risks of a specifically cultural nature there was often<br />

significant uncertainty where sufficient information was lacking. Several participants also expressed<br />

discomfort at having to base their ratings on a range of assumptions. At the end of the discussion<br />

participants all noted the need for a precuationary approach to be taken.<br />

With the difficulties above noted, participants were keen to explore other options for risk assessment<br />

that would be more responsive to Māori. They felt a more inclusive approach to assessment would be<br />

useful. They also noted that further information and training would be useful to support iwi/ Māori in<br />

improving the nature and quality of the information provided to the assessment process. They also<br />

recognised the importance of presenting submissions in person so that they can clarify any issues<br />

needing more explanation for the decision making committee.<br />

Presentations<br />

Tangata Whenua Effects Assessment Template<br />

ERMA New Zealand commissioned REPO Consultancy – represented by Tui Shortland and Juliane<br />

Chetham - to develop a Tangata Whenua Effects Assessment template and guideline tailored to HSNO<br />

Act requirements. Network members have for the last several years asked for a template tool and<br />

guide for considering issues raised by HSNO applications to inform the development of impact<br />

assessments and submissions. Tui and Juliane presented their draft template for discussion and<br />

feedback (draft template and guide attached as Appendix 4).<br />

The template and guide use the requirements of the HSNO Act as the foundation for identifying and<br />

considering effects. Participants raised the following issues during discussion:<br />

It is unclear how the template and guide would be used for an application that has national<br />

implications because it is iwi/hapū and/or region specific. However, participants noted that it<br />

could be used effectively by Māori Reference Groups convened to consider HSNO applications.<br />

Suggestions were made to put together a couple of case studies to assist people in using the tool<br />

and the possibilty of using a numerical value (from 1-10) to rank effects.<br />

Some questions and suggestions were raised with regard to the meaning of specific terms (eg,<br />

‘Relationships’ and ‘Māori’) and the possibility of replacing terms like ‘negligible’ with a more<br />

appropriate word. However ,Tui and Juliane noted that people using the tool should define for<br />

themselves the meaning of these words to make it specific to their situation. The template is<br />

provided merely as a guide and a trigger to get people thinking.<br />

Tui and Juliane were congratulated for a good framework. Participants also recognised that there<br />

are a number of tools available though this is the first specifically tailored to HSNO.<br />

ERMA was also acknoweldged for undertaking this project.<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010<br />

5


The template and guide will be completed and officially published in 2010 / 2011 and made available<br />

by contacting Kaupapa Kura Taiao staff or through the ERMA New Zealand website.<br />

Using Values to Framework Iwi Assessments of Genetic Engineering (GE)<br />

Mahina-a-Rangi Baker (Ngāti Raukawa ki te tonga, Te Āti Awa ki Whakarongotai and Ngāti<br />

Toarangatira) provided a presentation about a conceptual framework she has developed as part of her<br />

Masters research (Appendix 5). The framework is based on iwi, hapū and whānau specific values to<br />

assess genetic engineering (GE).<br />

The presentation outlined the suite of values her iwi associates with ngārara (insects, reptiles and<br />

taniwha) to demonstrate how those values can be articulated and applied within the framework<br />

developed for iwi assessments of GE. These values are articulated in a korowai framework that<br />

includes kaupapa, tapu, tohu, whakapapa, and mauri looking at how GE might be considered against<br />

them. Mahina-a-Rangi also noted that the framework could be used for considering other situations to<br />

assess potential and risk.<br />

As the wānanga was running behind schedule the final session on research was cancelled.<br />

Day 1 closed at 8.30pm.<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010<br />

6


Day 2: Future Horizons – ‘Blue Skies’ Planning<br />

Background<br />

The purpose of conducting this planning process was to begin identifying what both ERMA New<br />

Zealand and Network members want to get out of the Network in the future. One important factor that<br />

provided some guidance for this discussion is that the Network is always founded on the importance of<br />

protecting the sanctity of tikanga Māori.<br />

ERMA staff started the session by providing a brief presentation outlining the origins and activities of<br />

the Māori National Network from its inception in 2003 to today. This included a brief update on the<br />

proposals to be considered by government with regard to the establishment of a new <strong>Environmental</strong><br />

<strong>Protection</strong> <strong>Authority</strong> that is likely to include ERMA New Zealand.<br />

‘Blue Skies’ Planning Process<br />

Tipene Wilson provided a presentation introducing Network members to a strategic planning process<br />

adapted from the Indigenous Leaders Interactive System (ILIS) Process. The process was designed to<br />

draw on the collective wisdom of the network members in attendance with all able to share ideas and<br />

value the ideas developed in an environment of mutual respect. The process involved identifying<br />

ideas, sharing them with the wider group and then prioritising the ideas to provide a clear ideal<br />

strategic direction for the network. This was a fairly intense session that members seemed to find<br />

entertaining, fun and often challenging.<br />

Workshop ideas and issues<br />

As a result of the workshop planning exercise, participants identified a broad range of ideas about the<br />

possibilities for the Network in the future. Given that an announcement had not yet been made on the<br />

new <strong>Environmental</strong> <strong>Protection</strong> <strong>Authority</strong>, the session was run without imposing boundaries on the<br />

discussion and allowing it to be wide ranging.<br />

Participants were separated into groups and asked - what will the Network look like in 10 years? A<br />

full list of ideas identified during the workshop session can be obtained from Kaupapa Kura Taiao<br />

staff. The following is a summary of the principles and themes prioritised by participants.<br />

Principles<br />

Participants identified a number of principles that they felt applied to the Network regardless of what<br />

form and function it took. They determined that the Māori National Network will always:<br />

be founded on Māori cultural values, knowledge and language as well as actively using the<br />

principles of the Treaty of Waitangi (te Tiriti o Waitangi);<br />

be based on flax roots experience and knowledge;<br />

incorporate tuakana – teina values reflecting the value of kaumātua wisdom and knowledge,<br />

and the vigour and passion of rangatahi;<br />

be kaupapa rather than putea focussed; and<br />

incorporate an educational and promotional role in terms of Māori environmental health and<br />

wellbeing.<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010<br />

7


Themes<br />

1. National Body<br />

Participants considered that the Network should, in ten years time, be a nationally recognised,<br />

autonomous body with advisory, educational and promotional roles in the environmental<br />

management sector. It would work across all the relevant environmental agencies and private<br />

sector industry organisations that utilise or impact on natural resources.<br />

In wanting to be efficient and effective in its activities and engagement with organisations,<br />

participants felt it worthwhile to explore the idea of holding an annual week long ‘Māori<br />

Environment Hui’ that involved iwi/Māori organisations, government agencies and private<br />

sector industry. It would serve as a ‘one stop shop’ where information sharing, consultation<br />

initiatives and collaboration could be dealt with in one go on an annual basis.<br />

2. Resourcing<br />

Participants decided the Network should have its own base and structure, and discussed<br />

various mechanisms for funding from Treaty based entitlement to consultancy fees. Some<br />

members felt it needed a centralised base in Wellington, whilst others considered it more<br />

appropriate and effective to have satellite centres that minimise bureaucracy. Regardless of<br />

the model, participants agreed the Network should maximise the use of technology for<br />

communication and knowledge storage, as well as for fully incorporating flax roots, marae<br />

based opportunities.<br />

3. Decision making<br />

There was considerable discussion about who should represent Māori in decision making and<br />

who should be responsible for appointing them. Several models were noted, all of which<br />

reflected the importance of a full understanding and incorporation of Māori values and<br />

tikanga. Participants noted the tension that exists in today’s political and economic<br />

environment between iwi leaders and flax roots practitioners. Regardless of the model chosen<br />

Network members were keen to ensure the Network as a whole had ‘mana’.<br />

4. Complement iwi/Māori structures<br />

In line with the discussions about decision making participants also considered that the<br />

Network should compliment iwi/Māori structures and organisations rather than compete with<br />

them. Many saw the role of the Network as empowering iwi/Māori organisations rather than<br />

seeking to ‘represent’ them.<br />

5. Research<br />

Network members were keen to be more proactively engaged and involved in environmental<br />

research. They also expressed the need to be ‘drivers’ of research, with specific Māori<br />

environmental initiatives and outcomes in mind. In addition, participants felt that, to date, the<br />

Network had useful engagement with young Māori scientists and wanted to continue to<br />

involve them in Network activities, maximising the opportunity to provide mentoring and<br />

guidance.<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010<br />

8


6. Global Networking<br />

Participants were keen for the Network to promote international collaboration and knowledge<br />

exchange with other indigenous communities. They felt that it was important to recognise and<br />

incorporate whakawhanaungatanga with other indigenous peoples to build on the<br />

opportunities to make a difference environmentally on a global scale.<br />

7. Education<br />

Finally, participants noted a desire to share its base of Māori specific knowledge and<br />

experience in environmental management with rangatahi through contributing to education<br />

programmes in schools.<br />

Where to from here?<br />

As time was running out and because the discussions were expansive in nature, participants considered<br />

the need to revisit the ideas at future hui with a view to refining them further and developing a<br />

strategic plan for the Network.<br />

Kaupapa Kura Taiao staff will incorporate this into the programmes for upcoming hui and continue to<br />

support the Network in planning its long term future.<br />

The hui concluded with a poroporoaki and lunch.<br />

Any feedback or comment on this report or about the wānanga should be forwarded to:<br />

Linda Faulkner<br />

Manahautū (General Manager Māori)<br />

ERMA New Zealand<br />

PO Box 131<br />

Wellington<br />

linda.faulkner@ermanz.govt.nz<br />

ph: 04 918 4836<br />

fax: 04 914 0433<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010<br />

9


Participant List<br />

Abraham Witana Te Rūnanga o Te Rarawa, Kaitaia<br />

Bill Blake Mahia<br />

Bonnie Savage Ngāti Awa, Whakatane<br />

Bronwyn Hunt Te Runanga o Te Rarawa, Kaitaia<br />

Bryce Smith Te Taumata Kaumātua o Ngāpuhi, Kaeo<br />

Dave McKay Dunedin<br />

Des Heke Kaiawha Tauranga<br />

Emma Gibbs-Smith Te Pataka Mātauranga Charitable Trust, Russell<br />

Erica Gregory Ministry of Agriculture and Forestry, Wellington<br />

Fred Allen Te Atiawa Pipitea Marae, Lower Hutt<br />

Gerry Coates HSNO Committee, Te Rūnanga o Ngāi Tahu, Wellington<br />

Hohepa McLean Te Wheke Atawhai, Opotiki<br />

Janine Copeland Te Wheke Atawhai, Opotiki<br />

Joe Harawira Ngāti Awa Social and Health Services, Whakatane<br />

Joseph Stafford Blenheim<br />

Juliane Chetham REPO Consultancy, Whangarei<br />

Keir Volkerling Hikurangi<br />

Mahina-a-Rangi Baker Wellington<br />

Maree Pene Te Kotuku Whenua Consultants, Hamilton<br />

Maui Hudson ESR, Hamilton<br />

Mere Roberts University of Auckland<br />

Mick Park Te Atiawa Manawhenua ki te Tau Ihu Trust, Motueka<br />

Morry Black Ngati Kahungunu Iwi Inc, Hastings<br />

Pakitai Raharuhi Te Runanga o Ngati Pikiao, Rotorua<br />

Patsy Wilson Te Rūnanga o Turanganui a Kiwa, Napier<br />

Rawinia Puna Dunedin<br />

Tahu Erlbeck Te Karaka<br />

Tipene Wilson Maximize Consultancy Ltd, Hamilton (Facilitator)<br />

Te Tui Hoterene REPO Consultancy, Whangarei<br />

Victor Holloway Te Rūnanga-a-iwi o Ngati Kahu, Kaitaia<br />

Violet Walker Te Taumata Kaumātua o Ngāpuhi, Kaeo<br />

Waitangi Wood Auckland<br />

Wiremu Ruru Te Rūnanga o Turanganui a Kiwa, Gisborne<br />

Ngā Kaihautū Tikanga Taiao<br />

Bella Tuau Hamilton<br />

Glenice Paine (Tumuaki) Picton<br />

Jamie Ataria Christchurch<br />

ERMA New Zealand<br />

Asela Atapattu Manager, New Organisms Group<br />

Linda Faulkner General Manager, Kaupapa Kura Taiao<br />

Maraea Faulkner Kaupapa Kura Taiao<br />

Patrick Gemmell Kaupapa Kura Taiao<br />

Apologies<br />

Clive Stone Darcia Solomon Edward Ellison Fiona Reihana Ruka<br />

Gina Mohi Gina Solomon Grace Ormond Hemi Te Rakau<br />

Malibu Hamilton Nick Roskruge Oliver Sutherland Shaun Ogilvie<br />

Stewart Bull Te Kei Merito Temple Isaacs Wayne Hudson<br />

Wiki Walker<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010<br />

10


Appendicies:<br />

1. Cultural Risk Assessment (presentation – Linda Faulkner)<br />

2. Workshop 1 – Effects Brainstorm (workshop notes)<br />

3. Assessment of Effects (presentation – Asela Atapattu)<br />

4. Tangata Whenua Effects Assessment Template & Guideline<br />

5. Using Values to Framework Iwi Assessments of Genetic Engineering (GE)<br />

(presentation – Mahina-a-Rangi Baker)<br />

ERMA New Zealand<br />

Māori National Network Wānanga<br />

Tangoio Marae, Napier<br />

6 and 7 May 2010<br />

11

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