CULTURAL ASSESSMENT REPORT

“the striking with the mahoe branch”

Patu, to strike or kill;

mahoe, the whitewood tree (Melicytus Ramiflorus)

Prepared for

T.K. and B.W McMiken Limited

regarding

Proposed Patumahoe Hill Structure Plan 24 and 36, Kingseat Rd

Patumahoe

MAY 2011

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Prepared By: Lucie Rutherfurd (RM Env Officer)

Karl Flavell (Kaitikai Officer) On behalf of the Ngati Tamaoho Trust and Te Iwi o Ngati Te Ata Waiohua

HE TIKANGA Ā TE RŌPŪ

KAITIAKI KI TE TIAKI TE WAIRUA-TANGA,

TE AHUREA MŌ ŌNA AKE WHENUA

ME NGĀ PUNA TAONGA.

TĒNEI WHAKAATURANGA KI TE WHAKAMŌHIA IA KOUTOU TO TĀTOU WHAKAPAPA,

WHENUA, WHAKAHAERE Ā MANA

WHENUA

IT IS ESSENTIAL THAT WE, THE GUARDIANS HAVE

SPIRITUAL AND CULTURAL COMMAND OVER OUR TRADITIONAL LANDS, WATERS, AND RESOURCES.

OUR INTENTION IS TO GIVE YOU A GLIMPSE INTO OUR

CULTURE, REGION, CULTURAL RESOURCES,

AND CARETAKER RESPONSIBILITIES

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CONTENTS

Backdrop Pg. 4

Background Pg. 5 Purpose of the Report Pg. 6 A Brief History Pg. 7 - 22 Assessment and Evaluation Pg. 23-35 Conclusions and Recommendations Pg. 36-42 Appendix1: Geology of Mauku Area Pg. 43 Appendix 1: Statutory Requirements Pg. 44 Appendix 2: Plant Species List Pg. 45

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1.0 BACKDROP

Ngati Tamaoho and Ngati Te Ata are manawhenua regarding the proposed Patumahoe Hill Structure Plan Area (PHSPA) and wider surrounds

1.1 Ngati Tamaoho and Ngati Te Ata have had a long history in resource management and environmental issues within their tribal rohe [area]. Many changes over the years have not always been in the best interests of the tribe. Such change has often resulted in the continual degradation of many of the tribe’s natural and physical resources, waahi tapu sites, and other taonga.

1.2 Ngati Tamaoho and Ngati Te Ata BOTH descend from Waikato-

Tainui and Te Waiohua. It is through these associations that connect us to the Patumahoe and Mauku area. With particular regard to the Manukau Harbour and associated tributaries.

1.3 The ancestor Tohikuri, of the Ngati Tamaoho tribe, gives the following explanation of the place-name Patumahoe, which of the gently rounded hill near the battlefield of Hill’s clearing:1

The chief Huritini, of the Ngaiwi or Waiohua Tribe, of the Tamaki district, came to these parts to make war upon Hiku-rere-roa and Te Ranga-rua, the leaders of the Ngati-Tamaoho Tribe, six generations ago. The pa of Ngati-Tamaoho was on the Titi Hill. The battle began on the western side of the present Mauku Railway-station, near the church. Huritini was killed with a blow delivered with a mahoe stake or part of a sapling snatched up hurriedly from the ground by a Ngati-Tamaoho chief who had dropped his weapon; and the Ngaiwi men were defeated and driven from the district. Hence the name: Patu, to strike or kill; mahoe, the whitewood tree (Melicytus ramiflorus).

1 Title: The New Zealand Wars Author: James Cowan, F.R.G.S. Publication details: R.

E. Owen, 1955, Wellington Part of: New Zealand Wars (1845–1872)

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2.0 BACKGROUND

2.1 The Patumahoe Settlement includes two structure plan areas. The Patumahoe Structure Plan Area (approximately 25ha) and the proposed Patumahoe Hill Structure Plan Area (approximately 9.93ha), currently owned by T.K and B.W. McMiken Limited. The PHSPA is made up of Lot 1 DP 170496 and part of Lot 1 DP 198041. The property is currently zoned as Rural. 2.2 T.K. and B.W. McMiken Limited has engaged McCormick Rankin Cagney Pty Ltd to undertake:

� a structure planning process and consultation � preparation of a Plan Change application, and � a variation to the existing Patumahoe stormwater network

discharge consent for the McMiken property at 24 and 36 Kingseat Road, Patumahoe. 2.3 The Patumahoe Structure Plan area has an open watercourse that drains in a north-westerly direction and discharges into the headwaters of the Taihiki River. The proposed PHSPA is characterized by a hillock that is formed by a weathered volcanic cone. The proposed PHSPA development is intended to be on the eastern side of the cone. The land is currently being used for market gardening, as is the surrounding land

2.4 Initial discussions among iwi members from both tribes

identified the following uncertainties. In general: Will the proposed Patumahoe Hill Structure Plan Area proposal:

1. Conflict with our cultural, environmental and social values

and our traditional relationship to our taonga within the Patumahoe and Mauku district.

2. Degrade or adversely impact upon our waahi taonga

(natural and physical resources) and our waahi tapu.

3. Visually and physically compromise the integrity of significant landscapes and natural features including landforms, ridgelines, trees, bush, wetlands, waterways, and any other natural outstanding features.

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3.0 PURPOSE OF THE REPORT

3.1 This cultural assessment will;

1. Inform the applicant and council of our historical heritage

and traditional associations that relate to the proposed PHSPA site and wider surrounds

2. Identify issues, concerns and any effects of the proposal on

our social, environmental and cultural heritage, interests and values including on the wider surrounding environment

3. Assist with the identification and formulation of methods and

make recommendations to avoid, remedy or mitigate adverse effects (if identified) regarding our interests and values

4. Assist the applicant and council with decision-making under

the Resource Management Act 1991

3.2 This assessment represents only a starting point for initial engagement and will require further consultation and dialogue between Ngati Tamaoho, Ngati Te Ata and T.K. and B.W. McMiken Limited. Further discussion will be needed around the implications of this proposal to identify information gaps in our thinking, raise issues or opportunities we had not foreseen, and clarify and reach agreement of those issues as identified in this report.

3.3 It is intended that this assessment will assist with ongoing

decision making from all relevant parties involved and ensure that Ngati Tamaoho and Ngati Te Ata issues, concerns, interests and values are provided for including resource consent requirements.

3.4 The ultimate goal for Ngati Tamaoho and Ngati Te Ata being the protection, preservation and appropriate management of natural and cultural resources, including landscapes, in a manner that recognises and provides for our interests and values, and enables positive environmental outcomes.

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4.0 BRIEF HISTORY

4.1 When the Tainui waka arrived in Tamaki Makarau there were

already people living here, including Te Waiohua of Nga Oho and Nga Iwi. Members of the Tainui waka settled around the isthmus and began to intermarry with the ancestors of Te Waiohua. It was this intermarriage and the development of other bonds between the people that settlement established.

4.2 The Ngati Tamaoho and Ngati Te Ata rohe [tribal area] is surrounded by water. Manukatanga O Hoturoa - Manukau Harbour to the north and east, Moananui O Rehua - Tasman to the west and Te Awa O Waikato - Waikato River to the south. This includes the many significant waterways used for food harvesting and ceremonial purposes. The Mauku, Puhitahi, Taihiki, Whangamarie, Te Hihi, and Whangapouri waterways are but a few.

4.3 The main waka route used by all tribes traversing North and South was via the Waikato River then onto the Manukau harbour via the Awaroa River. Harbour headlands and promontories were settled and highly valued for their access to kaimoana in the harbour. Numerous Iwi and hapu were mobile throughout the area. Whether visiting, passing through or conquest, a number of complex inter-tribal relationships developed around the harbour shoreline. The Manukau harbour was the “food bowl” for everyone.

The Old Awaroa ki Manuka Passageway: Waka route from Waikato River to

the Manukau harbour and inland

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4.4 Ngati Tamaoho and Ngati Te Ata were living as neighbours and were related to each other. However there was rivalry between the two over ownership of land and Ngati Te Ata had built defences in anticipation of conflict in close vicinity to Tamaoho. Both were descendants and hapu of the Tini-o-Taunu of Maui origin, Ngati Te Ata through Te-Ata-i-Rehia of Waiohua and Ngati Tamaoho through their chief Tamaoho. Our ties have been close ever since. Those tribes whom have dominated around the northern part of Franklin have been Te Waiohua, Kahukoka, Tamaoho, Ngati Pou and Ngati Te Ata.

4.5 The Patumahoe Mauku area has always been regarded by iwi as having a strategic position to Tamaki Makaurau (Auckland). In pre-European times this landscape would have been more varied with swamps and bush. It was a well-travelled route and considered a ‘gateway’ into areas of settlement, resource use and occupation. Waahi nohoanga (encampments) are still known among iwi today extending from Purapura, onto the Tamakae estuary, around Taihiki, Karaka, Hingaia headlands to Pahurehure, and onto Papakura.

4.6 The Patumahoe Mauku area was part of the domain that came under the watchful eye of the current occupiers of the Pa high ground. This domain stretched out over the flat land and extended to the shores of the Manukau Harbour. From these advantage points, it was possible to observe Waka movements and receive early warning of the approach of friend or foe. In this early time the rivers and streams were wider and had different courses than they do now. The waka were able to traverse the district with far greater ease than seems possible today. From here the main canoe portage between the East and West Coasts could be monitored and smoke from cooking fires observed.

4.7 As stated earlier, in those days numerous creeks originating from deep swamps dissected the Patumahoe Mauku area making travel difficult and reducing the amount of firm, habitable land. Many ‘things’ underlie the feelings from iwi regarding the drainage and settlement of these places, the swamps and wetlands. The damage which has been caused to the mauri (life force) of waterways, the cultural offence caused by practices such as sewage and effluent discharge, sediment intrusion from poor farming practices, the damage to and loss of mahinga kai (food harvesting areas), rongoa (natural medicines), and building resources, and therefore damage to physical and spiritual health of the iwi.

4.8 The relationship of the people to the water is evidenced by the many marae (and Pa in days gone by) in close proximity to the

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Manukau harbour shores. The marae have traditionally enjoyed particular rights to the water, its resources and access to them. The marae form an integral part of the harbour. The harbour provided building and weaving materials such as raupo, medicines and dyes used for seasoning timber and restoring precious artefacts, its waters for healing and medicinal purposes (rongoa). 4.9 The tupuna (ancestors) in those days recognised the various states of water including wai tapu, wai ora, wai kino, and wai piro and wai mate. Waiora - waters of life, purest form of freshwater, gives and sustains life, can rejuvenate damaged mauri, counteracts evil. Waimate - dead water, has no regenerative capacity, mauri is lost, can contaminate other mauri of living things or other waters. Waitapu - waters of death, waters are tapu due to loss, or restrictive use.

The New Zealand Wars and Confiscation 4.10 As settler numbers grew, the Tainui tribes in the Waikato decided to resist selling any more land and to establish a king, Potatau Te Wherowhero, in 1858. Governor Gore Browne and his successor, Sir George Grey, as well as the settler government, viewed the Maori King as incompatible with British sovereignty and prepared for war. 4.11 On the 9th July 1863, the Government issued an order requiring all natives living in the Manukau district and on the Waikato frontier north of the Mangatawhiri to take the oath of allegiance to the Queen and to give up their arms, and warning the Maoris that those refusing to range themselves on the side of the British must retire to the Waikato. Those not complying with this instruction were to be ejected from their settlements. This ultimatum was followed by the following Proclamation sent to the Kingites summarizing the reasons which prompted the military measures adopted by the Government:

CHIEFS OF WAIKATO, — Europeans living quietly on their own lands in Waikato have been driven away; their property has been plundered; their wives and children have been taken from them. By the instigation of some of you, officers and soldiers were murdered at Taranaki. Others of you have since expressed approval of these murders. Crimes have been committed in other parts of the Island, and the criminals have been rescued or sheltered under the colour of your authority.

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You are now assembling in armed bands; you are constantly threatening to come down the river to ravage the Settlement of Auckland and to murder peaceable settlers. Some of you offered a safe passage through your territories to armed parties contemplating such outrages. The well-disposed among you are either unable or unwilling to prevent these evil acts. I am therefore compelled, for the protection of all, to establish posts at several points on the Waikato River, and to take necessary measures for the future security of persons inhabiting that district. The lives and property of all well-disposed people living on the river will be protected, and armed and evil-disposed people will be stopped from passing down the river to rob and murder Europeans. I now call on all well-disposed natives to aid the Lieutenant-General to establish and maintain these posts, and to preserve peace and order. Those who remain peaceably at their own villages in Waikato, or move into such districts as may be pointed out by the Government, will be protected in their persons, property, and land. Those who wage war against Her Majesty, or remain in arms, threatening the lives of Her peaceable subjects, must take the consequences of their acts, and they must understand that they will forfeit the right to the possession of their lands guaranteed to them by the Treaty of Waitangi, which lands will be occupied by a population capable of protecting for the future the quiet and unoffending from the violence with which they are now so constantly threatened. Auckland, 11th July, 1863. G. Grey, Governor.

4.12 Grey's troops moved to invade the Waikato on 12 July 1863. Most Maori on the Manukau Harbour were forced to abandon their settlements and retreat into the Waikato. Government policy treated Waikato Maori as 'rebels' that included those from Manukau. The process of ejection of those natives who could not bring themselves to abandon their fellow-countrymen was now carried out at the Manukau, Papakura, Patumahoe, Tuakau, and other districts between Auckland and the frontier waters. Te Akitai, Ngati Tamaoho, and Ngati Te Ata lands on the Manukau were confiscated as 'punishment'. 4.13 The following narrative gives a very good description of the conditions the early pioneers and Maori faced: Chapter 32: Mauku and Patumahoe. Title: The New Zealand Wars Author: James Cowan, F.R.G.S. Publication details: R. E. Owen, 1955, Wellington Part of: New Zealand Wars (1845–1872):

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THE MAUKU AND Patumahoe districts, contiguous to Pukekohe and extending to the southern tidal waters of the Manukau Harbour, are attractive to-day with the twin charms of natural landscape beauty and the improvements made by the farmers’ hands during more than sixty years of settlement. Even before the Waikato War the Mauku, first settled in 1856, was a fairly-well-peopled locality, when the site of the present Town of Pukekohe was still a forest of puriri and rimu. The branch railway-line from Pukekohe to Waiuku passes within a short distance of the pretty, antique-featured building upon which the war-history of Mauku is centred. The Church of St. Bride’s is of an eye-pleasing design that belongs to many of the churches planted by the pioneers, whose first care, after establishing their homes, was to set up a place of worship in their midst. Built of totara, its shingled roof dark with age, its spire lifting above the tree-tops, it stands picture-like on a green knoll in the midst of its little churchyard. Walk round its walls and count the rifle loopholes in its sides—narrow slits that reminded one that the place was once a fort as well as a church.

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There are fifty-four of those rifle-slits, now neatly plugged with timber or covered with tin and painted over. The cruciform design of the building exactly lent itself to fortification, and gave the defenders the necessary flanking bastions. When the Mauku men erected their stockade of split logs, small whole tree-trunks and heavy slabs, 10 feet high, they planted the timbers alongside one another close up against the walls of the buildings. The openings for rifle-fire were cut through walls and stockade; the garrison therefore could point their long Enfields through the double defence. These loopholes, at regular intervals all-round the church, at about 5 feet from the floor, are 9 inches in length vertically by about 3 inches in width; the cuts in the palisade were necessarily a little wider to give the rifles play. At the tidal river-landing, about a mile distant to the west, stood the Mauku stockade, a small iron-roofed structure defended by a wall of upright logs. This stood at the spot where cutters from Onehunga landed stores for the local forces. The first alarm of a racial war occurred in October, 1860, when a Maori of the Ngati-Tamaoho Tribe named Eriata was found shot dead in the bush at Patumahoe. The natives imagined he had been murdered by a European, and a war-party of Waikato and Ngati-Haua came down in canoes to Te Purapura to investigate the matter. Wiremu Tamehana accompanied them to exercise a restraining influence, for the chiefs of the war-party had declared that if it were true that a pakeha had killed the Maori they would begin a war. Possibly war would have been precipitated but for the intervention of Bishop Selwyn and Archdeacon Maunsell, who met Tamehana and the taua and persuaded the force to return. Mr. Donald McLean and Mr. Rogan, of the Native Department, also went to investigate the matter and met the Patumahoe people. The conclusion arrived at was that the Maori had accidentally shot himself. It was Mr. Daniel H. Lusk (afterwards Major Lusk), a surveyor by profession—he had helped to lay out the City of Christchurch in 1851—and owner of a bush farm in the district, who was chiefly instrumental in forming the Forest Rifle Volunteers. Mr. Lusk had been in New Zealand since 1849; he was a frontiersman of the best kind, energetic and observant, used to the bush, and endowed with a natural gift of leadership. To him more than to any other settler-soldier the credit was due of placing the district west of the Great South Road in a state of defence. He had organized local Volunteers during the first Taranaki War. When that campaign ended Mr Lusk was firmly of the opinion in

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1861 that many settlers imagined that fighting had definitely ceased in New Zealand, and most of the rifles at the Mauku were that there would be war in the Auckland District, and early in 1863 he was the principal means of forming three companies of Forest Rifles—one at Mauku, one at Waiuku, and one at Pukekohe East. The first skirmish in which the Forest Rifles were engaged was fought on the 8th September—the morning after the encounter near Cameron town in which Captain Swift, of the 65th, was killed. Early that morning, a small body of colonial troops, consisting of about thirty-five of the Forest Rangers, under Lieutenant Jackson and Ensigns Von Tempsky and J. C. Hay, and fifteen of the Mauku Company of Forest Rifles, under Lieutenant Lusk, started out from the Mauku stockade on a bush-scouting expedition in search of Maoris. They began by reconnoitring the forest and the bush-clearings in the direction of Patumahoe and Pukekohe. They reached the farms of Lusk and H. Hill, between Patumahoe and Pukekohe Hill, and found that the Maori marauders had been there. Lusk’s house had been pillaged. On the edge of what was known as the “Big Clearing,” belonging to Mr. Hill, they found traces of the raiders. The Maoris shot a bullock in this clearing, which was nearly half a mile square, covered with burnt stumps and logs. The force, hearing the shots, divided, and twenty, under Jackson, Lusk, and Von Tempsky, scouted about the fringes of the paddock, keeping under cover of the bush. They received a sudden volley at a range of a few yards, and replied briskly. The natives were sheltered behind masses of fallen trees and undergrowth interlaced with supple jack. The other party of Rangers skirmished up on Jackson’s left and joined their comrades. At last the Maori fire grew slacker, and the Rangers and Mauku Rifles charged into the bush, but their opponents had disappeared. An encampment was found with about a dozen rough huts. Only fleeting glimpses of the Maoris had been obtained during the skirmishing, and any killed or wounded were carried off the field. It was reported afterwards that five had been killed. The war-party was composed chiefly of Patumahoe natives, the Ngati-Tamaoho and other hapu, who, after deserting their settlements, were prowling about the bush, plundering the outlying homesteads. The European force suffered no casualties, although several of the men had received bullets through cap or clothes. It was the maiden fight of the Rangers and Mauku Rifles. The guerilla veteran Von Tempsky in his journal gave high praise to

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some of the settler-soldiers. Lusk he described as “a man of consummate judgment about Maori warfare.” In the height of the skirmish he found time to admire the sang froid of the Mauku men: “There are some cool hands amongst those Mauku Rifles. There are big Wheeler and little Wheeler, and Kelahan, watching the Maoris like cats; they have holes through their coats, but none through their skins as yet. Lusk is cool and collected, keeping the men together.” The best marksmen were Jackson and Hay, both crack shots. This was one of the first fights in the war conducted after the traditional manner of North American Indian warfare, skirmishing from tree to tree. For some time after this skirmish the Forest Rangers remained at Mauku, making the fortified church their headquarters and scouring the bush. The Engagement at Titi Hill, Mauku: Less than a mile south of the Mauku church and village is a gently rounded hill of red volcanic tufa, crowned by a farm-homestead and crossed by a road. In 1863 this hill, known as the Titi, was a partly cleared farm belonging to Mr. Wheeler. Beyond, on the southern side, the land slopes deeply to a valley, on the farther side of which, nearly a mile distant, are the heights known as the Bald Hills. The distance of the Titi from the nearest part of the Waikato River is about six miles; the intervening country in the war-days was mostly dense forest, threaded by one or two narrow tracks—old Maori fighting-trails. Early on the morning of the 23rd October, 1863, the sound of heavy firing in the direction of the Bald Hills was heard by the little garrison of Forest Rifles and Militia at the Mauku church stockade and the lower stockade near the landing. Lieutenant Lusk, commanding the Forest Rifles, was at the lower stockade at the time, and, thinking that possibly the church was being attacked, he advanced quickly with twenty-five men to St. Bride’s to reinforce the force there. Then it was thought that the volleys in the distance might be the Waiuku Volunteers out practising, and Mr. John Wheeler and a comrade scouted up through the bush and the clearing to reconnoitre. They discovered Maoris shooting cattle on Wheeler’s Farm, between the Titi summit and the Bald Hills. When Lieutenant Lusk received this report he despatched a man to the lower stockade, instructing Lieutenant J. S. Perceval, who had been left in charge of the Militia (1st Waikato Regiment), to join him at once at the church with half his force. At the same time one of the settler Volunteers, Mr. Heywood Crispe, was sent

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off to Drury for reinforcements. Lieutenant Perceval set out as ordered, at the head of twelve men, but instead of following instructions to join the others at the church he struck off to the right for the crown of the Titi Hill, with the object of taking the Maoris in the rear. These rash tactics quickly involved Perceval and his small party in a perilous position from which it was necessary for Lusk to extricate them. Perceval entered the bush, but the natives, having ended their cattle-shooting, came skirmishing over the hill and almost surrounded the Militia. The fight was now visible from the church stockade, where Lusk had been waiting for Perceval to join him, and in a few moments the Forest Rifles were dashing up the rise towards Wheeler’s Clearing. Perceval when joined by the church-stockade party was retiring in good order, hotly pressed, but without casualties so far. At this time Lieutenant Norman, a Militia officer who was in charge of the church garrison, and who had ridden into Drury for the men’s pay, returned and, armed with a rifle, caught up to the fighters on the hill. Lieutenant Lusk, considering his force of about fifty was strong enough to drive back the Maoris and enable him to return, now boldly attacked, and before the steady advance with fixed bayonets the raiders fell back through a strip of Wheeler’s felled but unburned bush to the open ground. The Maoris, however, skirmished rapidly through the standing puriri and rata forest on Lusk’s left flank, and as they greatly outnumbered the riflemen it was necessary to retire in order to avoid being outflanked and surrounded. The Kingites were endeavouring to cut the little force off from the church stockade, and Lusk had need of all his bush-fighting skill to counter their tactics. When recrossing this ragged strip of felled timber, taking advantage of every bit of cover and fighting from behind logs and stumps as they fell back, the Volunteers and Militiamen were charged fiercely by the warriors in their full strength, about a hundred and fifty. Now came a desperate close-quarters battle, lasting ten minutes or a quarter of an hour. At very short range—Lieutenant Lusk afterwards stated it at 20 yards—the opposing forces poured bullets into each other as fast as they could load and fire. Every log and every stump and pile of branches was contested. In the centre, facing the Maoris’ front, the gallant Perceval recklessly exposed himself, and it was with difficulty that the Mellsop brothers, three young settlers, prevented him from charging at the enemy.

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Twice they saved his life by pulling him under cover. At last, after shooting several of his nearest opponents, he was shot himself, and fell dead in front of his men. Lieutenant Norman was also shot dead, and several other men fell. Some of the Maoris, throwing down their guns, charged upon the bayonets with their long-handled tomahawks. Lusk, finding himself outflanked on both sides, ordered his men to take cover in the bush on the right. In this movement the troops had to run the gauntlet of a heavy cross-fire, and man after man was hit. One of the Forest Rifles, Private Worthington, was tomahawked as he was reloading his rifle; another man was killed with the tomahawk while he was in the act of recovering his bayonet which he had driven through a Maori’s body. One of the wounded, Johnstone, was assisted by two comrades into the bush, and as he could not walk he was concealed in a hollow rata tree, where he huddled until the relief force rescued him on the following day. After his active service in command of the Forest Rifles, Major Lusk joined General Cameron’s army in the Upper Waikato as an officer attached to the Transport Corps. When the steamer “Avon” sank in the Waipa River with her cargo of supplies (February, 1864) he succeeded in getting commissariat through to the troops at Te Rore with a Militia force, by rapidly cutting a pack-track from Raglan Harbour over the ranges to the Waipa, and kept the army supplied in this way till the “Avon” was replaced. Under cover of the bush Lusk’s force had a short breathing-space, and their accurate shooting soon cleared the smoky clearing of the Maoris, but it was impossible to venture into the open space to carry off the eight dead who lay there. The officer in command re-formed his men and retired in good order upon the church stockade, keeping carefully to the timber cover most of the way. This rear-guard action, firing by sections as the retirement was made, was carried out with excellent judgment, and the little force behaved with the steadiness and coolness of veterans. The headquarters at the stockade and the post at the church were reached without further casualty. The force lost two officers and six men killed; but grief at the fall of good comrades and at the necessity of leaving their bodies to the tomahawk was tempered with the satisfaction of having killed or wounded several times that number of the enemy. Lusk and his comrades during the fight had cast many an anxious glance towards the village in the direction of the church stockade, hoping for the reinforcements from Drury. But when the long-awaited troops at last arrived all was over, and the battle-

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grimed Volunteers and Militia were back in their quarters. Heywood Crispe, who had galloped the twelve miles to Drury in three-quarters of an hour, had an exasperating interview with the Imperial officers at the camp. “Colonel Chapman was in charge there,” narrated Mr. Crispe, “and with him was young Colonel Havelock (Sir Henry Havelock, son of the Indian Mutiny hero), who was on General Cameron’s staff. I told them that I had seen the Maoris shooting cattle, and they almost laughed me to scorn, and said it was impossible for natives to be there. I most earnestly solicited them to send for Major Rutherford’s ‘Flying Column,’ which I knew was in camp at the Bluff near Pokeno, and get the force to go through Tuakau and on to Purapura, on the Waikato, where they would be sure to intercept the Maoris returning from Mauku, as it was their only way of retreat to cross the Waikato.” Crispe also begged for mounted men, some of the Defence Force Cavalry, to be hurried off to the Mauku, but all that was done was to send two companies of infantry—the Waikato Militia—who arrived there in the evening, too late to be of any use. Early next morning firing was heard in the direction of the Bald Hills, and some natives were seen there, but when a force of about two hundred men advanced to the Titi Farm the Kingites had disappeared. It was learned afterwards that these Maoris were some who had met the returning war-party on the Waikato River, and, on hearing that they had not fired a volley over the battle-ground after the battle by way of claiming the victory, had marched in themselves and fired off their guns near the spot. The troops found the bodies of the slain men all tomahawked and stripped of arms and equipment and part of their clothes, laid out side by side on the grass in the clearing. A pole on which a white haversack had been tied indicated the place. The bodies, with the exception of Worthington’s, which was buried at Mauku, were sent in to Drury for burial. A force was sent through the bush to Purapura, following the trail of the Maoris, and numbers of kauhoa or rough bush-stretchers for carrying the dead and wounded were found. It was estimated that the natives had lost between twenty and thirty killed, besides many wounded. The “Flying Column” had in the meantime marched across country via Tuakau to intercept some of the raiders, but they only reached Rangipokia, near Purapura, in time to open fire on the last of the canoes crossing the river. The Maoris returned to Pukekawa, the field headquarters of Ngati-Maniapoto

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Confiscations 4.11 In early 1865, the Crown proclaimed 135,907 acres in South Auckland under the New Zealand Settlements Act 1863 (although there is some uncertainty of the actual extent of the lands confiscated because the acreage of some blocks was not documented and some lands were later returned). The confiscated land, which covered east Wairoa (estimated at 50,000 acres), west Pukekohe (1133 acres), Mangere, Pukaki, Ihumatao, and Kerikeri (2730 acres), also included the reserves from previous Crown purchases in the Waiuku North and Waiuku South blocks. 4.12 Land was also forcibly taken by the Crown at Patumahoe (702 acres), Pokeno (19,000 acres), Pukekohe (5381 acres), Tuakau (10,887 acres), and Tuhimata (640 acres). The Crown reserved about 4 percent of the total area for Maori from earlier Crown purchases, but it then confiscated a further 7000 acres, leaving less than 3 percent as Maori land. An estimated 100,000 acres were confiscated from Maori overall within the district.

The Principal modes of land alienation in the District were:

� Old land claims (including surplus lands); � Pre-1865 Crown purchases; � Confiscations; � Purchases under the Native Land Acts; and � Pre-emption waiver purchases.

4.13 This sense of grievance still exists today with those tribes that continue to have a relationship to these traditional areas. It began with the land confiscations of the 1860’s. By confiscation the tribes lost most of their lands including villages and sacred places. We live with this loss today. To many of our people that confiscation just didn’t stop in 1863. It continued in one form or another, from then to the present day.

Manukau Harbour Claim 4.14 The loss of customary land ownership is no better described than in the Manukau Harbour Claim findings, as follows:

“Despite pleas that remaining Native Reserves should be held by tribes as a whole, in accordance with Maori custom, the Maori Land Court was established and directed by Parliament to convert tribal titles to titles held in individual ownership and this was duly done. In accordance with the same laws, lands that were owned by large numbers were vested by the Court in ten or fewer persons to facilitate the issuing of Crown Grants These people, being recorded on the titles

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without reference to any trust, came to be regarded as absolute owners and disposed of the land as such, or were succeeded by their children so as to defeat the inheritance of the majority. Tribal control was thereby lost, and with pressure from the growth of Auckland, further lands were sold”.

4.15 Report of the Waitangi Tribunal on the Manukau Claim: The Nature of the Claim

The "Manukau claim" is the most wide-ranging claim that this Tribunal has had to consider. To consider it in any broad and coordinated way it could not be severed into the several claims that it really constitutes. Basically the claim is about the despoliation of the Manukau Harbour and the loss of certain surrounding lands of the Manukau tribes. More potently underlying this claim is an enormous sense of grievance, injustice and outrage that continues to haunt the Manukau Maori and bedevil the prospect of harmony in greater Auckland. This sense of grievance begins with the land confiscations of the 1860s. By confiscation the Manukau tribes lost most of their lands including their villages and sacred places. They live with this loss today. We knew of the confiscations of 1863 but we were to learn also of the view, illustrated by many examples, which the confiscations never stopped in 1863. It is said they have continued, in one form or another, from then to the present day. In their view the pattern of unjust treatment continues still, and unless arrested, will yet continue until nothing is left but a deeply embittered people and the shreds of a worthless treaty. We are seriously disturbed by what we heard of recent events affecting the Manukau Maori people. Our jurisdiction prevents us from investigating those events that occurred before 1975 but it is still necessary to consider them. The claim in respect of current concerns cannot be severed from the earlier events of the past. From their one time extensive lands, forests, estates and fisheries all that is left to the claimants is a few pockets of land, a severely restricted ability to enjoy traditional fisheries, and a legacy of their denigration as a people. If that which is left to them cannot be protected for their benefit, not as a consequence of a recent environmental awareness, but through a substantive recognition of their status as the indigenous people, then the pattern of the past, the plundering of the tribes for the common good, will simply be affirmed and continued. We have examined the history of past events in that context. We present them in that form to you, so that the people's current concerns, and hope for a better future, can be assessed in terms of what has gone before.

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We are frankly appalled by the events of the past and by the effect that they have had on the Manukau tribes. Unlike our jurisdiction, that of the Government is not constrained. We urge you to consider in more detail the events to which we will later refer. It may be practicable to provide a measure of relief at this stage. If it is at all practicable, we would urge that steps be taken now, for they are long overdue. Our recommendations concerning those matters within our jurisdiction do not go as far as many of the claimants would have liked. Although many of those claims are well founded upon a strict interpretation of the Treaty, other circumstances of the case point to the impracticality of providing the relief sought by some. But we feel a great deal can be done to recognise the status of the Manukau tribes in the affairs of the region, and to implement the doctrine of aboriginal rights to which the Treaty of Waitangi gave expression. To achieve this in practical terms will depend not only upon the implementation of our recommendations, but upon the answers, if any, that you may find to rectify many of the earlier wrongs. Nganeko Minhinnick is a member of the Ngati Te Ata tribe. She brought this claim on behalf of a section of that group, Te Puaha ki Manuka, but it was soon apparent that the claim had the general support of the Waikato-Tainui people as a whole. She did not presume her claim to cover all the concerns of her tribal group or that all members would agree with it. She did not presume to speak first but spoke last and called on the people to speak for themselves. We were addressed by 38 of the Waikato-Tainui people in the presence of several times that number. The significance of the presence of Te Arikinui, Dame Te Ata-i-rangi Kaahu, was not lost upon us. Her presence was a public expression of the importance that her people placed on the claim. We were also addressed by Henare Tuwhangai, an elder spokesman for the Kingitanga, Robert Mahuta, spokesman for Nga Marae Toopu, and Hori Forbes, chairman of the Tainui Maori Trust Board. We were told of a large number of instances by which it was alleged that traditional rights to the enjoyment of the land or waters of the Manukau had been limited or denied. The claims were wide-ranging and although some were outside our jurisdiction to determine, each illustrated a central theme, that the promise of undisturbed possession of the lands, homes and fisheries of the Maori people had not been and was still not being recognised in the Manukau and lower Waikato river areas.

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It was claimed: 1. That the Manukau and the lower Waikato are part of the tribal demesne of the Waikato-Tainui confederation of tribes.

2. That the tribes having the traditional right to use and occupy the land and waters of the Manukau area are various subtribes of Waikato-Tainui together with the Waiohua, Kawerau and Ngati Whatua people to whom they are closely related.

3. That those tribes have used and enjoyed the lands and waters of the Manukau and lower Waikato from early times to the present day. The river and harbour are as much their gardens as their cultivations on land.

4. That the use and enjoyment of their land has been severely limited by compulsory acquisitions, the effects of growth and development and a failure to recognise or give proper consideration to tribal occupational rights.

5. That the use and enjoyment of the waters has been severely limited by pollution from farm runoff, sewage and industrial discharges, the effect of major works, commercial fishing and a failure to recognise or give proper thought to tribal fishing rights.

6. Particular respects in which it was claimed tribal interests in the waters are not recognised include:

� the granting of water rights with insufficient regard for tribal fishing practices and cultural values

� inadequate policies for the protection of waters for fishing purposes

� ineffective policies to prevent depletion of the fish resource � lack of recognition of tribal rights in respect of the harbour and river, and

� the denial of access to certain parts of the harbour and to certain lakes at Awhitu.

7. Particular projects claimed to infringe tribal rights in respect of the waters include:

� the mining of ironsands at Maioro on the Waikato River � the proposed slurry pipeline of New Zealand Steel Limited and discharges to the harbour from Glenbrook Mill, and

� the proposed siting of a liquefied petroleum gas wharf terminal in Papakura channel.

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8. Particular respects in which it was claimed tribal interests in the land are not recognised include:

� compulsory acquisition of certain lands � siting of major works on or near Maori lands so that land ownership is lost or land enjoyment limited

� denial of access to the harbour, river and lakes, and � destruction or failure to protect sacred sites (wahi tapu)

9. It was claimed the promise in the Treaty of Waitangi to full exclusive and undisturbed possession of Maori lands, homes and fisheries and not been kept and is still ignored in current projects and policies.

10. Recognition of tribal fishing rights was sought but opinions varied on how recognition should be given. Some claimed the whole harbour belonged to the local tribes and ought to be vested in them. Others claimed representatives of the tribes ought to be appointed as Guardians of the harbour. Others asked for particular areas to be reserved for their use. Others asked simply that tribal fishing rights be recognised in fishing laws and planning policies and be given greater priority.

We interpreted the broad claim as having two aspects:

� an allegation that the tribes are prejudiced by the omission of the Crown to recognise "treaty rights" (the comprehensive claim) and

� allegations that the tribes are prejudiced by particular acts, policies and practices adopted by or on behalf of the Crown (the specific claims).

- With regard to the former it was said that the alleged omission of the Crown to recognise "treaty rights" is not new because the omissions of today are a continuation of a policy or practice that intensified with the land wars and has never really ended.

4.16 Today the guardian families of the Manukau are represented in various marae all in close proximity to its shores. Each of these marae once thrived and relished in easy access to the bounty of the harbour - Whatapaka, Tahunakaitoto, Reretewhioi, Te Puea, Makaurau, and Pukaki marae.

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5.0 ASSESSMENT AND EVALUATION

5.1 This knowledge of the workings of the environment and the perceptions of humanity as part of the natural and spiritual world is expressed in the concept of mauri and kaitiaki. Mauri can be described as the life force that is present in all things. Mauri generates regenerates and upholds creation, binding physical and spiritual elements of all things together. Without mauri things cannot survive. Practices have been developed over many centuries to maintain the mauri of all parts of the world. Observing these practices involves the ethic and exercise of kaitiakitanga.

5.2 Kaitiakitanga underpins everything we do in ‘our’ world.

Kaitiakitanga or guardianship is inextricably linked to tino rangatiratanga and is a diverse set of tikanga or practices which result in sustainable management of a resource.

For Ngati Tamaoho and Ngati Te Ata Kaitiakitanga involves a

broad set of practices based on a world and environmental view. The root word is tiaki, to guard or protect, which includes the ideas and principles of:

� guardianship � care � wise management � resource indicators, where resources themselves indicate the

state of their own mauri.

The prefix kai denotes the agent by which tiaki is performed. A kaitiaki is the person or other agent who performs the tasks of guardianship. The addition of a suffix brings us kaitiakitanga or the practice of guardianship, and contains the assumption that guardianship is used in the Maori sense meaning those who are genealogically linked to the resource. Kaitiakitanga is practised through: � maintaining wahi tapu/sacred sites, wahi tupuna/ancestral

sites and other sites of importance � the management and control of fishing grounds � good resource management � environmental protection through formal processes such as

the Waitangi Tribunal, council hearing and the environment court or informal ones such as protesting the dumping of raw sewage adjacent to wahi tapu/sacred sites, and mining urupa and koiwi

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Kaitiaki can be iwi, hapu, whanau and/or individuals of the region. Whilst tribal authorities themselves may not be considered kaitiaki, they can represent kaitiaki and can help to identify them.

5.3 For our people it is vital that three key considerations are provided for regarding this project:

1. that the mana of our people is upheld, acknowledged and respected

2. that our people have rangatiratanga (opportunity to participate, be involved and contribute to decision making) over our ancestral taonga

3. that as kaitiaki we fulfil our obligation and responsibility to our people (current and future generations) as custodians, protectors and guardians of our cultural interests and taonga.

5.4 There has been more than a thousand years of Maori settlement

in the Tamaki (Auckland), Manukau and Franklin regions. It is pointless to view our heritage resources in isolation, as separate

from each other. They all inter connect and inter relate forming a wider and more comprehensive 'landscape' of a networked settlement of occupation and use. From coast to harbour and from sea to river.

5.5 The proposed PHSPA proposal lies within this networked

settlement of occupation and use. Introduction 5.6 As stated earlier, the Patumahoe settlement includes two

structure plan areas. The Patumahoe Structure Plan Area (approximately 25ha) and the proposed Patumahoe Hill Structure Plan Area (approximately 9.93ha), currently owned by T.K. and B.W. McMiken Ltd. The proposed PHSPA is made up of Lot 1 DP 170496 and part of Lot 1 DP 198041. The property is currently zoned as Rural.

Resource Management Act [1991]

5.7 The Resource Management Act 1991 is an overarching document with the purpose to promote the sustainable management of New Zealand’s natural and physical resources. This means managing the use, development and protection of natural and physical resources in a way that enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while;

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1. sustaining the potential of natural and physical resources to meet the reasonable foreseeable needs of future generations;

2. Safeguarding the life-supporting capacity of air, water soil

and ecosystems;

3. Avoiding, remedying or mitigating any adverse effects of activities on the environment, which includes;

� Ecosystems, including people and communities � Amenity values � Social, economic, aesthetic and cultural values

5.8 In achieving the purpose of the RMA, any person exercising

functions or powers under it must recognise and provide for the following;

Matters of National Importance

The following matters of national importance, set out in Section 6 of the RMA, are considered to be relevant to this Structure Plan

� Maori Culture, traditions, ancestral lands, water, sites, waahi tapu, and taonga; and

� Historic heritage

Other Matters

5.9 The following matters, set out in Section 7 of the RMA, are considered to be relevant to this Structure Plan

� Kaitiakitanga � Stewardship � Efficient use and development natural and physical

resources � Amenity values � Maintenance and enhancement of the quality of the

environment � Finite characteristics of natural and physical resources

Treaty of Waitangi 5.10 In achieving the purpose of the RMA, all persons exercising

functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall take into account the principals of the Treaty of Waitangi (Te Tiriti o Waitangi).

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Growth Strategy 5.11 The Auckland Regional Growth Strategy 1999 required Franklin

District Council to make amendments to its district-planning framework to give effect to the growth concept contained within the Auckland Regional Growth Strategy.

5.12 Auckland Regional Council, Manukau City Council, Papakura

and Franklin District Council signed the Southern Sector Agreement in 2001. This agreement committed Franklin to accommodating a portion of the predicted population increase in the Auckland region.

5.13 Franklin District Councils response to this requirement was the

‘Franklin District Growth Strategy’ (DGS) released in 2007 which sets out a blueprint and long term vision for Franklin until 2051.

5.14 The strategic approach of the DGS has been embodied within

the Franklin Operative District Plan whereby, the objectives and policies related to rural and coastal village growth, have regard to the strategic approach of the DGS.

5.15 The Southern Sector Agreement, DGS and the District Plan all

promote the use of structure planning and plan changes to facilitate the expansion of identified rural and coastal villages.

5.16 This strategy is expected to achieve the outcomes envisioned by

the Auckland Regional Growth Strategy. Patumahoe has been identified in the DGS, Operative District Plan and Plan Change 14, (PC 14) as a key existing rural village to accommodate future growth in the District.

5.17 While the proposal is partially outside the identified area, it is

the only Greenfield site that is located adjacent to the existing business zoned land in Patumahoe.

Auckland Regional Policy Statement 5.18 The Auckland Regional Policy Statement identifies regional

issues and provides a framework under the RMA, that manages the environmental effects of the regions natural and physical resources, associated with urban and rural development.

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Structure Planning and Planning Process 5.19 Structure plans should be used to as a means of identifying

land, which is to be urbanised, or subject to urban intensification and or redevelopment.

5.20 The Structure planning process is used to identify the

constraints and opportunities of each identified locality, which includes features or qualities to be preserved and protected, and identifies any problems such as natural hazards, land stability, flooding or servicing problems.

5.21 The Structure planning process is to identify and address the

following

� Water � Wastewater � Stormwater � Heritage/ Natural landscapes � Traffic management � Open space � Landscape/Urban Design � Managing Conflicts

Water:

The conservation, efficient use and reuse of the Regions

water shall be promoted.

5.22 Growth is accompanied by increased water consumption. The urban area of Patumahoe is serviced by a reticulated municipal water supply, with this water being sourced from the Kaawa aquifer. The Kaawa aquifer is an important source of water for domestic, commercial and agricultural uses in the area. A 2005 study predicts that the increasing demand for groundwater from the Kaawa aquifer in the area will exhaust allocable reserves by 2035, and implies that it would be prudent to conserve the capacity of the aquifer through efficient reuse and use of water.

5.23 The proposal the harvesting of water through roof water

collection tanks for non-potable uses for individual dwellings, will be promoted. This is to be promoted as a means of achieving stormwater management objectives and water conservation and efficiency.

5.24 The proposed PHSPA is on the eastern side of an old volcanic

cone. Volcanic cones are a natural method of aquifer recharge.

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Wastewater 5.25 The capacity of the Patumahoe wastewater reticulation system

is sufficient to manage existing potential development but will need to be upgraded in line with the demands of additional development if this occurs in the future.

5.26 Wastewater from the proposed PHSPA is proposed to be

reticulated by gravity sewer to the existing ‘Fletchers Pump Station’, which will be upgraded if necessary.

Opus has given the assurance that the Fletchers Pump Station has sufficient capacity to cope with up to 400 additional people in its present state.

5.27 Patumahoe Wastewater currently is reticulated to the new

Pukekohe Wastewater Treatment Plant. 5.28 Stormwater runoff from further urban development must be

managed in terms of both ‘quantity’ (flood avoidance) and ‘quality’ (downstream water quality) objectives (or outcomes). If the availability and capacity of wastewater and stormwater systems is not adequately addressed then peripheral urban growth will have an adverse effect on infrastructure and financial resources, as well as on the natural environment.

5.29 The position of tangata whenua is that effluent must be

reticulated where residential development occurs in the locality of an existing sewerage system. It is recognized that the new Pukekohe Wastewater Treatment Plant has been recently up-graded to cope with extra demand.

5.30 The position of tangata whenua also is that wastewater must

always pass through some type of whenua [land] filtration system prior to it entering a waterway.

5.31 Wastewater from human and industrial waste is contaminated

and must go through a cleansing progress through the whenua (land), only the mother (mother earth the whenua) can cleanse this filth prior to it entering a waterway.

Catchment Management Plans 5.32 A Catchment management plan is designed to manage all of the

water within a particular catchment area, i.e.; all of the water that falls within prominent ridge-lines, and naturally runs down to central point/points.

5.33 Catchment management plans provide guidance in terms of the

council exercising consenting responsibilities. One of the

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consenting responsibilities of the council relates to stormwater diversions as discharges from stormwater networks.

5.34 Catchment Management Plans within the Structure planning

process will consider:

� The natural character of the land (steepness, flood prone areas, propensity to erosion, vulnerability of ecosystems, and existing vegetation patters)

� The existence of features or values which warrant protection or preservation (such as sites of significance to Maori, indigenous vegetation, sensitive areas such as stream valleys and estuaries)

� The location and scale of infrastructure, such as water and sewerage systems and the adequate treatment of stormwater.

5.35 In the case of Patumahoe there is an existing Patumahoe

Catchment Management plan and Stormwater Network Discharge Consent. It is intended that an update via a variation to the existing Catchment Management plan and a variation to the Network Discharge Consent will be progressed in conjunction with the proposed PHSPA plan change.

Stormwater 5.36 The Patumahoe Stormwater Catchment Boundary defines the

southwestern boundary of the proposed PHSPA. 5.37 Low impact stormwater management techniques are proposed

to be integrated into the design of the stormwater network through the proposed PHSPA.

5.38 Low Impact Design measures are

� Swales � Rain gardens � Grey water harvesting � Permeable paving � Reduced road widths, and � On-site soak pits.

5.39 Only where any of these measures are not feasible for technical

reasons i.e. geotechnical ground conditions (demonstrated by the applicant) show that on-site soakage pits are not possible, will it be acceptable to avoid such measures.

5.40 Providing the proposed PHSPA is adopted, (at present provisions

do not exist in the current version of the proposed PHSPA), the Council will have the ability to decline any subdivision

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application which does not adequately address the assessment criteria requiring Low Impact Design (LID) to be included into the design.

5.41 There are currently two existing stormwater retention wetlands.

The western wetland and the main wetland. The main wetland has sufficient capacity, while the western wetland could become under pressure if any more storm water is diverted into it.

5.42 The western wetland has insufficient freeboard and either needs

to be enlarged or additional detention provided elsewhere to reduce the freeboard to acceptable levels. However it should be feasible to enlarge the western wetland so as to provide adequately for storm detention and freeboard requirements. There is sufficient area both upstream and downstream of the modified wetland for its further expansion.

5.43 This pond is currently an ornamental pond (where stormwater

runoff from Kingseat Road is discharged to). It lies on private land owned by M.C & B.E. Morgan. The Councils’ approved ICMP and discharge consent proposed to formalise and enlarge this pond, and it is this that all references to the “western pond” in the documents relate to.

5.44 It is the Council’s plan to create this pond, rather than the

clients; the land is in private ownership 5.45 As constructed, the main wetland satisfactorily provides for the

treatment and detention requirements of its contributing Catchment. It has enough capacity to allow for the proposed PHSPA when developed.

5.46 The main wetland has sufficient capacity. When future storm

water is directed to this wetland, the MH crest will need to be throttled to release storm flows from the wetland more slowly. This is a simple structural change that can be done at low cost.

5.47 The proposal is to divert all of the stormwater runoff from the

proposed PHSPA (McMiken property) via piping to the main wetland.

5.48 The main wetland is an ‘online system’ which means that the

wetland is built in an existing stream, and discharges straight back into the Taihiki stream.

5.49 It is recognized that the LID system is intended to assist in the

removal of pollutants prior to them reaching the wetland.

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Implications 5.50 Auckland Council TP10 and TP90 standards are to be applied to

earthworks and stormwater quality, and taken into account during the consenting process.

5.51 Unfortunately these standards while protecting the environment

by maintaining TP90 requirements, that 90% of silt is kept on site, it still allows for 10% to leave the site.

5.52 TP10 standards require that 75% of pollutants be removed

through treatment, prior to the stormwater entering a waterway. 5.53 The main stormwater pond is an ‘on line’ wetland, and is

required to filter out 75% of pollutants prior to it re-entering the stream. This means that an applicant can ‘allowably’ pollute our streams by up to 25% every time an applicant undertakes a development.

5.54 On line water treatment wetlands and ponds are not the best

solution for the ultimate protection of the health of our waterways. When there is a storm event the pollutants do not have enough time to settle out. This results in the unnecessary pollution of our streams, rivers and coastal areas.

5.55 ‘Online’ stormwater detention wetlands/ponds are often the

most cost effective system to build, as they utilize very little extra land, and if built properly can detain the stormwater so as to allow for 75% of pollutants to settle out during normal rain fall patterns.

5.56 However during a major rainfall event these online detention

ponds/wetlands are unable to operate properly. 5.57 The preferred option for iwi is that there are a series of wetlands

for all stormwater runoff be directed to, prior to it reaching the natural stream, or the online treatment system. Also that streams and waterways be left in an open natural state, with the appropriate riparian plantings that will enhance the health of the waterway.

Heritage/Natural Landscapes

Cultural

5.58 Regarding the proposed PHSPA, it has gentle sloping contours, undulating and coming down onto the lower basin of the water catchment. This is characterised by a hillock that is formed by a weathered volcanic cone. The proposed PHSPA is to be situated

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on the eastern side of the cone. The land is currently being used for market gardening, as is the surrounding land. 5.59 Maori definitely utilised and passed through this locality given its geographic position. A heavy trading hub, nearby food resources (Manuka harbour and its many tributaries) and rich soils. Defended positions (ridgelines and elevated platforms) are all indicators of temporary Maori activity. It has been modified over the years mainly through farming and intensive horticulture. Very little trace of visible cultural sites now remains including ‘in situ’ archaeological evidence.

5.60 It is possible that topsoil stripping of the area could expose

evidence for prehistoric occupation and use. Particularly the watershed wetland catchment area that runs through the middle of the project area, this could possibly contain cached items such as Maori agricultural implements. Archaeology

5.61 The archaeological assessment recommendation stated: (quote) that this report is concerned with archaeological values. Tangata whenua should also be consulted in case there are traditional or cultural associations with the property that could be affected by any development within the proposed structure plan area. Russell Foster and Associates prepared an archaeological assessment report. The results of this study showed that no evidence was found of any Maori or historic 19th century European sites within the study area. 5.62 Although lack of any archaeological evidence in the study area

is clear, the possibility that some evidence remains is still a possibility. Where such evidence is accidentally discovered during future development it would be a requirement to notify iwi and the New Zealand Historic Places Trust (NZHPT), as well as obtaining any necessary approvals from the NZHPT before works could resume in the area where the archaeological evidence was uncovered.

Social

5.63 The social implications for the proposed PHSPA could be varied and mixed if the proposed structure plans in accepted. The elevated house sites overlooking the Village of Patumahoe could become elitist, with only the rich affording to live ‘up on the hill’. 5.64 The social implications of the loss of a natural landscape

amenity must also be taken into account. As the Village of

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Patumahoe grows and expands into the future, the visual integrity of the hill must be taken into account.

Landscape/Urban design 5.65 The topography of the Patumahoe Village area is characterized

by a regularly shaped hillock that has been formed by a weathered volcanic cone. The Auckland volcanic cones are now highly prized taonga to iwi and residents and visitors to Auckland. We need to take into account future generations.

5.66 The proposed PHSP is situated on the eastern side of the cone,

thereby giving the development the overall appeal of being elevated.

5.67 The land has/is, being used for cropping on the cone and in the

surrounding area. 5.68 The proposed PHSPA is requesting a total of 72 lots within the

proposed PHSPA, with 69 being house lots, one stormwater lot, one park and one commercial site.

5.69 Given the visual prominence of the proposed PHSPA on

Patumahoe Hill overlooking the Patumahoe Village, building finishes should blend into the surrounding landscape, there are restrictions proposed to be placed on building activity, such as:

� No relocated buildings are to be established on the lots � Reducing building clutter effects � Walls and roofs shall have low light reflectivity � The height of a road boundary fence � The height of a retaining wall � Paving materials

5.70 Patumahoe Hill is recognised as a significant local landscape

feature in the district. However it has no District Planning protection.

Traffic Connectivity and Accessibility 5.71 The objectives of the proposed PHSPA is to develop an efficient

and effective road network within the structure plan area and enable alternate modes of transport, such as cycling and walking for local journeys within the Patumahoe settlement.

5.72 This is proposed to be achieved through convenient and safe

access to local destinations while discouraging through traffic, and by restricting vehicle access to private properties from road frontages (where appropriate).

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5.73 A safe and amenable pedestrian and cycle network is to be

created along public road frontages and a pedestrian path/equestrian trail is proposed within the buffer area along the southwestern boundary of the proposed PHSPA.

5.74 The small scale of Patumahoe village is well suited to a

connected development that places emphasis on walking and cycling. This reduces unnecessary vehicle movements and enables a higher quality of life for the residents, such as health, environment and safety.

Open Space 5.75 The Franklin District Council Reserve Acquisition and

Development Plan (RAD) noted that there will be a need for an additional neighbourhood reserve within the village to support its projected growth.

5.76 An additional reserve is shown within the proposed PHSPA. 5.77 The RAD outlines a series of guidelines which include location

and size, design in terms of local needs, accessibility and road frontage, fencing restrictions on neighbouring properties, north facing, parking availability and that the site is vested in an appropriate (developed) state.

5.78 The proposed park in the proposed PHSPA is 3194m2 and is

positioned approximately in the middle of the Structure Plan Area.

5.79 A reserve development plan is to be approved prior to any

subdivisions commencing. A neighbourhood reserve would provide for the recreational needs of residents of Patumahoe and would also act to break up the visual appearance of the housing within the proposed PHSP area.

5.80 A public reserve and covenanted buffer is proposed along the

southwestern urban boundary. This buffer would help to avoid reverse sensitivity effects on the adjacent rural activities, provide ecological benefits and with the inclusion of walking/equestrian trail would also provide linkage benefits between the urban/rural buffer and the neighborhood reserve.

Managing Conflicts. 5.81 The surrounding horticultural areas present challenges,

particularly the potential for reverse sensitivity.

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5.82 The rural land adjacent to the proposed PHSPA is currently being used for horticulture use and the growing of mainly vegetables for market gardening.

5.83 The growing of vegetables entails the use of tractors for

preparing the soils prior to planting and then the application of pest sprays and fertilizers to promote vegetable growth. This in turn can cause both the pest spray and fertilizer to ‘drift’ across neighboring properties during certain wind conditions. Also the continual noise of a tractor can create a reverse sensitivity problem.

5.84 This is proposed to be mitigated through the inclusion of

rural/urban buffer on the southwestern boundary, to avoid reverse sensitivity effects on the adjacent rural production land.

5.85 The buffer is proposed to be an average width of no less than

20m and to be planted with native species to enhance the natural ecosystems in the area.

5.86 This buffer is also to provide for pedestrian/equine use.

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6.0 CONCLUSIONS AND RECOMMENDATIONS

Conclusions

6.1 Patumahoe has been identified as a rural village that can accommodate future growth in this region.

6.2 There is an existing PSPA consisting of 25ha on the opposite side of Kingseat Road from the proposed PHSPA.

6.3 The Taihiki Stream runs through the middle of the existing PSPA, and the Main Wetland presently discharges into the headwaters of the Taihiki stream. 6.4 The proposed PHSPA is adjacent to the existing business zoned land in Patumahoe and is a logical expansion of the present village.

6.5 Being located on the eastern side of the old Patumahoe volcanic cone the proposed plan will offer houses an elevated view over the Patumahoe village area. 6.6 However the effects of development on this natural landscape feature must also be taken into account. 6.7 The social implications of losing this natural landscape feature to urban development also should be considered. Water

6.8 The proposed PHSPA is situated on the eastern side of an old volcanic cone. Volcanic cones are a natural way of recharging our underground aquifers.

6.9 While volcanic cones are often protected geographical features, in this case the Patumahoe hill does not appear to be protected.

6.10 The density of 69 house sites on the proposed PHSPA could have a negative impact on the ability for the hill to recharge the aquifer beneath it.

6.11 The present village of Patumahoe is reticulated water supply bore from the Kaawa aquifer, and this is intended to be extended to the new proposed PHSPA.

6.12 A 2005 study predicts that the Kaawa aquifer, which presently supplies water to the village of Patumahoe, will be fully allocated by 2035.

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6.13 The proposed PHSPA proposes to promote the harvesting of water through roof water collection tanks for non-potable uses for individual dwellings. This is to be promoted as a means of achieving stormwater management objectives, and water conservation and efficiency.

Wastewater

6.14 The proposal for the wastewater to be reticulated in the proposed development is supported, as is the upgrading of the existing Fletcher’s Pump Station when it reaches its capacity. 6.15 Ngati Tamaoho and Ngati Te Ata have never supported wastewater discharge to water bodies. Direct discharges to water are culturally inappropriate to us. Only Papatuanuku [land disposal] has the mana to cleanse such filth. Our preference is for land based disposal.

Stormwater

6.16 The proposal is to pipe all the stormwater runoff via pipe to the main stormwater wetland. The main wetland is an online system.

6.17 The main wetland has sufficient capacity. When future storm water is directed to this wetland, the MH crest will need to be throttled to release storm flows from the wetland more slowly. 6.18 Low Impact Design (LID) techniques are proposed to be integrated into the design of the stormwater network through the proposed PHSPA.

6.19 There is a stormwater detention area (Lot 1) set-aside for stormwater treatment in the proposed PHSPA.

6.20 There will be a large amount of earthworks to create level building platforms. This will create a lot of silt and even with only 10% entering the stormwater system; this will have an effect on the efficiency of the stormwater wetland.

6.21 The effect of 25% allowable pollutants reaching the stormwater detention wetland from the development will have a cumulative effect over time. 6.22 Water quality is highly significant to iwi and the proposal as it stands does not fully manage stormwater quality appropriately.

6.23 While it is recognised that the main wetland is underutilised and could quite easily cater for all of the stormwater runoff from

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the Structure Plan area, it is preferable to have the stormwater being treated in a series of stormwater ponds/wetlands, prior to it entering the final main wetland.

6.24 Online water detention devises as promoted in the Patumahoe SP and proposed PHSPA are not supported by Iwi.

Heritage/Landscape/Urban Design

The proposed PHSPA lies within a networked settlement of Maori occupation and use

6.25 Patumahoe Hill is recognised as a significant local landscape feature. Patumahoe Hill is a weathered volcanic cone, and the Patumahoe Village area is characterised by this regularly shaped hillock.

6.26 The urban design protocols set out in the PHSPA are relatively restrictive in so far as setbacks, fence heights, low reflective colours for roofs and walls, height of retaining walls and paving materials. This all has relevance to the fact that the Patumahoe hill is a landscape feature in the area, and any developments will be highly visible.

6.27 There do not appear to be any height restrictions for the PHSPA, while traditionally houses are single or two storeys, there is no restrictions as to the height of a private dwelling, this could have a negative visual impact on the area. It is recognized that the PSPA has height restrictions on buildings that will apply to the PHSPA.

6.28 There are 69 private house lots proposed in the PHSPA, the elevated height will no doubt be appealing for a house site.

6.29 Patumahoe hill has been modified from its original state from many years of farming and cropping practices. 6.30 The change of land use from rural to urban will have a visual effect on this natural landscape.

6.31 There will be a lot of earthworks involved in creating a level house platform to build on; this will have a visual impact on the natural shape of the Patumahoe hill. There are height restrictions on retaining walls to try to compensate for this.

6.32 There is a buffer area of approximately 20m wide proposed between the rural and urban boundary. This buffer is going to provide for walking and equine access. While walking access is

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supported, it is questionable as to what effect equine use will provide.

6.33 There is horse manure to be considered and the fear that some small walkers might feel when sharing an access way with such a large animal. Safety could be an issue.

Recommendations 6.34 Any decision must take into consideration that the hill feature within the PHSPA is a recognised significant local volcanic feature (see Appendix 1) and is still a rural landscape. 6.35 If the availability and capacity of the existing stormwater system is not adequately addressed then peripheral urban growth will have an adverse effect on infrastructure and financial resources, as well as on the natural environment. 6.36 However if the Council sees fit to approve the Patumahoe SP and proposed PHSPA in its present format then we would recommend the following:

That this cultural impact assessment report, in particular the recommendations shall be provided for as a means for Ngati Tamaoho and Ngati Te Ata participation and ongoing involvement with regard to the PHSPA when developing the various management plans and future related consents.

� That aquifer recharge be a mandatory condition of consent

for all house sites � That the capture of roof water for reuse be a mandatory

condition of consent � LID systems are used throughout the proposed PHSP area � That the number of lots in the proposed PHSPA, be reduced

to allow for larger lots that will have less of a visual impact and allow for more aquifer recharge, this should result in less impervious area available.

� That there be conditions placed on the titles in the proposed

PHSPA that no further subdivision may take place � That there are height building restrictions placed to avoid

domination of houses on this Hill. � That there are at least two offline stormwater detention

ponds with riparian plantings built to filter out pollutants prior to them entering the main wetland.

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� That higher standards are applied at the consenting stage relating to TP10 and TP90 standards to allow for a higher quality of water entering into the stormwater detention wetland/ponds.

� That there are no online stormwater wetlands/ponds built.

Only offline detention ponds/wetlands to be utilised. � That council request that offline detention ponds be built

prior to any stormwater discharge entering into the Main Wetland, (or any other online stormwater detention pond).

� That there are devices built to filter out pollutants prior to

them entering the main wetland.

� That the MH crest is throttled to release storm flows from the main wetland more slowly.

� That only evergreen trees are planted on stormwater

collection routes to help prevent cesspit blockage and pollution.

� That the Fletchers Pump Station be upgraded as necessary. � That the buffer walkway/equine way around the south-west

boundary be extended to provide two separate pathways with adequate distance between walkers (with small children or dogs) and horses

6.37 That Ngati Tamaoho and Ngati Te Ata are given first rights to name any new roads (or access ways) including reserve areas. This is to retain and ensure that the ‘old’ names of the area are maintained.

6.38 We do have concerns with the impact on the rural amenity values regarding this proposal and the precedent that this may set for future similar applications. In particular issues surrounding the sustainable use and management of natural and physical resources. Therefore a LANDUSE COVENANT will need to be undertaken between council, iwi and future homebuyers. This is to try and ensure that quality rural residential living blends in with the pastoral, horticultural and natural features suitability of the land.

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6.39 That the following stipulations are provided for by Auckland Council as consent conditions:

That Ngati Tamaoho and Ngati Te Ata:

a) are first shown the specific site location(s) and provision

made for karakia (prayer) before any earth/water works proceed.

b) are engaged directly with the applicant and/or their agents,

project manager regarding any further required consultation requirements

c) participate on a regular basis with regard to the monitoring

of any proposed works from a kaitiaki perspective.

d) undertake the following procedures in the event of uncovery and/or discovery of koiwi (skeletal remains), archaeological finds, cultural material or artefacts including any deaths occurring on site will proceed as follows:

� all work in the vicinity immediately ceases � the area is secured and remains untouched. Immediately

form a 5 to 50 metre fenced protection zone. � contractors, council and anyone else related to the site to

immediately contact the following people.

Mr Karl Flavell 021 2162508 Ms Lucie Rutherfurd 021 1708543

� iwi representatives must be contacted no later than 6

hours after the site has been uncovered and the contractor must not recommence work until iwi representatives have given specific approval to proceed.

e) are informed of the results of all monitoring and consent

related assessments relating to the proposed subdivision.

f) are provided the opportunity for further cultural research and ongoing archaeological investigation as the development progresses.

6.40 That all water bodies and watercourses related to the proposal are not adversely impacted upon (including the dam onsite) and subjected to riparian planting requirements with appropriate native species used only.

6.41 That stream works and associated activities do not adversely alter the mauri to the extent that it is no longer recognisable as

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waiora. The impact on these catchments affects us all spiritually, culturally and environmental. The taking of water must be considered against the ability of the water to maintain its life-supporting capacity for aquatic life, aesthetic value and the spiritual and cultural value of water. 6.42 Should there be any significant changes to the proposed PHSPA then Ngati Tamaoho and Ngati Te Ata are to be notified immediately and reserve the right to reconsider any of our earlier decisions.

Final Conclusion:

6.43 On this assessment basis, we are not opposed in principle to the PHSPA proposal and process being undertaken by T.K. and B.W. McMiken Limited, providing that, and notwithstanding, the number of concerns that have been highlighted in this assessment are addressed and provided for.

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APPENDIX 1:

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APPENDIX 2: STATUTORY REQUIREMENTS

Part II Section 5 of the Resource Management Act states quite clearly that the purpose of the Act is “to promote the sustainable management of the natural and physical resources”.

Section 6[e] of the Resource Management Act requires that consent authorities shall recognise and provide for “the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, Waahi tapu, and other Taonga as a matter of national importance.”

Section 6[f] of the Resource Management Act requires that consent authorities shall recognise and provide for “the protection of historic heritage from inappropriate subdivision, use, and development”

Section 7[a] of the Resource Management Act requires that consent authorities shall have regard to kaitiakitanga, Kaitiakitanga means the exercise of guardianship and in relation to a resource includes the ethic of stewardship based on the nature of the resource itself. Section 8 of the Resource Management Act states that the principles of the Treaty of Waitangi shall be taken into account. A set of principles have emerged over the years and emphasised tribal rangatiratanga, the active protection of Maori people in the use of their lands, waters and other taonga, and the duty to consult with Maori. Section 66 and Section 74 of the Resource Management Act states that when preparing or changing any council plan, councils shall have regard to any relevant planning document recognised by an iwi authority affected by the regional plan. The Resource Management Amendment Act, which took effect on 1 August 2003, changed the status of iwi management plans by requiring that they shall be taken into account rather than “had regard to”. The Fourth Schedule of the Resource Management Act 88 (6) (b) which states matters that should be considered when preparing an assessment of effects on the environment include: (a) Any effect on those in the neighbourhood and, where relevant, the wider

community including any socio-economic and cultural effects (b) Any physical effect on the locality, including any landscape and visual

effects

(d) Any effect on natural and physical resources having aesthetic,

recreational, scientific, historical, spiritual, or cultural, or other special value for present or future generations.

The Historic Places Act 1993. If there is a reasonable likelihood that a site is associated with pre-1900 human activity and might contain evidence relating to the history of New Zealand, it is an archaeological site and has automatic protection.

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APPENDIX 3:

Preliminary Indigenous Species Plan List Note: The species underlined are recognised as being rare / uncommon in the Auckland region. Wetland Species: Schoenoplectus tabernaemontani also Eleocharis sphacelata, multiple Maori

names include kukuta and kutakuta. Carex virgata and Carex secta, pukio Baumea articulata, jointed twig-rush Typha orientalis, raupo Myriophyllum robustum, stout water milfoil Baumea tenax, Isachne glabosa, swamp grass Phormiun tenax, particularly the variety known to Maori

as 'Muka" - soft for weaving. Riparian Marginal Species: Freycinetia baueriana kie kei Alectryon excelsa, titoki Vitex lucens, puriri Prumnopitys taxifolia, matai Sophora microphlla, kowhai Rhopalostylis sapida, nikau Hoheria populnea, lacebark Corynocarpus laevigatus, karaka Plagianthus betulinus, manatu Pennantia corymbosa, kaikomako Hedycarya arborea, pigeonwood Aristotelia serrata, makomako Kunzea ericoides, kanuka Cordyline australis, Ti whanake Dysoxylum spectabile, kohekohe Coprosma grandifolia, kanono Streblus banksii, towai Streblus microphylla, turepo Myrsine divaricata, weeping matipo Marratia salicina, king fern

Swamp Forest Species: Syzygium maire, maire, tawake Laurelia novae-zelandiae, pukatea Carpodetus serratus, putaputaweta Phormium tenax harakeke Coprosma tenuicaulis, hukihuki Dacrycarpus dacrydioides, kahikatea, Blechnum novae-zelandiae, swamp kiokio Cortaderia fulvida, toetoe Astelia grandis, swamp astelia Schefflera digitata pate Podocarpus totara totara