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1984 Waitangi Tribunal Kaituna Claim

In 1984, Ngāti Te Takinga and Pikiao elders took a claim

against a Council plan to discharge sewage into the

Ohau channel and the Kaituna. This was the first Tribunal

claim to be heard on a marae. The claim is a landmark

case because it was one of the first successful Tribunal

environmental claims. In addition, the elders gave

evidence on the meaning of “kaitiakitanga”, a term later

inserted into the Resource Management Act 1991.

The following is the submission made to the Waitangi

Tribunal by the late Stanley Newton, a leading and

greatly respected kaumatua of Ngāti Te Takinga and

Te Arawa, in strong objection to a proposal which

intended to discharge Rotorua city’s effluent directly

into the Kaituna River. It is widely regarded as being

most influential in the decision to abort the proposal. The

Tribunal sat at Mourea in Te Tākinga Meeting House in

July and October of 1984 to hear the complaint against

the discharge of effluent into its sacred river, Kaituna.

 

“ l, Stanley Tetekura Newton, JP QSM, of Mourea, and

Chairman of Te Arawa Māori Trust Board wish to express

our deepest concern and our strongest objection to the

granting of this water right. My Board was established

by Parliament in 1922 to represent the interests of

the Te Arawa Confederation of Tribes. Subsequent

consolidation of the law pertaining to Māori Trust Boards

is contained in the Māori Trust Boards Act 1955 and

Section 4 (3), provides that ‘the beneficiaries of the Board

are hereby declared to be the members of the Te Arawa

tribe and their descendants’. I am here on behalf of and

with full authority of my Board.

The Water Right Application 904/1 seeks to discharge

treated sewage effluent into the Kaituna River at a point

which is described as Section 14, Recreation Reserve,

Gazette Notice 1975 p. 16, Block VI Rotoiti SD I define

this area on the Kaituna River with its Māori place name

as Pareraurekau.

I am convinced and together with the whole of my Te

Arawa people, that a right given to the Rotorua District

Council by the Regional Water Board to discharge

treated sewage effluent into the Kaituna River would be

a complete disregard and an absolute desecration of

the historical and environmental significance which we

have for this sacred river. The river downstream from

Pareraurekau flows through deep gorges with precipitous

cliffs on both sides and for many miles from this point.

Down to the level country of Paengaroa, one would

find a succession of waterfalls, cataracts and turbulent

waters flowing between serene and majestic walls of rock

completely clothed in indigenous flora, predominantly of

kiekie vines and ferns with a tremendous variety of trees

and native shrubs, including our fondest of all the trees,

the tanekaha.

 

Along the sheer cliffs of the river are many caverns and

these caverns have been used by my ancestors in pre-

European times as burial grounds for their dead. The

more accessible of these have been declared as Māori

Reserves or urupā, but there are many more unidentified

on our modern maps of which nature has secreted into her

fold of vine, fern and tree. It is interesting to mention here

that one of these huge caverns contains a lake of warm

water with an island in the centre forming a hallowed

depository for the numerous remains of our ancestors; 

and there are many more of these caves and secret places

along the river from Pareraurekau to Parihaua; to Te Akau

reservation; to Kohangakaeaea urupā; to the ancient

settlement and pā of Pakotore; to the headlands of that

very prominent fortress pa of Rangitihi over-looking the

Paengaroa plains which stretch from Maunganui in the

west to Maketu; Whakatane in the north and to the East

Cape in the distant east.

 

For generations the Ngāti Pikiao people, sub-tribe of the

Te Arawa Tribe, have gathered and used the kiekie flax

from the cliffs of this river for weaving tukutuku and turapa

panels to adorn most of the 52 meeting houses which my

Board is proud to administer and care for in its area. The

Ngāti Pikiao tribe own most of the land from Okere to

Paengaroa along both sides of the river. This land is used

for farming by the Okere and the Taheke Incorporations.

Other areas along both sides of the river are unsuitable

and too difficult for ordinary farming and these have been

used for exotic afforestation by several Trusts.

And it is into these forests and farms that the effluent

should go and we make this plea with all sincerity.

 

The Kaituna River has been and will always be the food

bowl of the Arawa people and of the Nation. Eels

abound in great numbers and the harvest is continuous.

At Maketu where the whole river used to flow into the

sea, but which is now partly diverted to another outlet,

we have the almost inexhaustible supply of shell-fish

in cockle, pipi and mussel. The Maketu Estuary is a

playground and a food bowl for all New Zealanders;

why pollute and despoil it with our own human waste?

The idea is completely abhorrent.

The Māori concept of such a thing is catastrophic and

the resultant impact would be almost indescribable.

Historically it is damnable to our mana and prestige.

Culturally it would be a curse upon my tribe, the Ngāti

Pikiao, for ever and ever. Of the traditional chants, in

Waiata, Pokeka and Oriori and the songs of this most

enchanted of all sacred rivers, I shudder in lament:-

 

My grief is likened to tear-drops over the dead; my

speech is incoherent, my mana, my rangatiratanga has

been shattered. I am not able to parry this onslaught

with taiaha or mere; with a koare or a koikoi. My only

weapon is the pakeha pen, which I am using to express

the torture which is within me; ea9ng at the very root

of my conscience, my hinengaro; and now I turn to my

God in heaven and to the spirits of my ancestors to give

me peace and rest and to console my inner being, my

hinengaro.

Don’t do it! Put this menace where nature needs it.

Kia hiwi ra! Kia hiwi ra! Awake! Awake!

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