Te Runanga o Ngati Ruanui Trust Opening Statements Haimona Maruera - - PowerPoint PPT Presentation

Te Runanga o Ngati Ruanui Trust

Opening Statements Haimona Maruera Debbie Ngarewa-Packer

Haimona Maruera

Opening Statements

Debbie Ngarewa-Packer

MANA, MANAAKITANGA, KAITIAKITANGA

• This application and our People
• MANA – Whakapapa,
• MANAKITANGA - whanaungatanga
• KAITIAKITANGA - Statutory Acknowledgement,

borders, EEZ, MACCA

Debbie Ngarewa-Packer

• Oil and Mineral
• Largest permits most experienced
• Recognised experts, OMG, ICF, Industry
• Ngati Ruanui Best Practice

*Disclosure of Information *Relationship and Trust

• National recognition – Best Practice Guide

July-Dec 2012

• INITIAL HUI
• OMV advise of

intentions in EEZ

• OMV

technicians share all base line info with Iwi technicians

• Iwi technicians

invited to technical hui assess make report for Runanga

• Runanga do

site visit

• Next stage hui

Jan-June 2013

• RELATIONSHIP

HUI

• Runanga receive
• ngoing info
• technician reports

discuss and take to hapu

• Hapu respond with

questions put to OMV

• Next stage CIA

2013 - 2014

• CIA

Jan-Feb 2016 March 2015

• EPA
• EPA notification

received

Ongoing

• Relationship
• Quarterly info –

inc all enviro info, safety mitigation, staff changes

EEZ Engagement with OMV 2013-2015 (Pg 15, diagram 4)

Draft application

Jan-Mar 2015

• RELATIONSHIP

BUILDING

• South Africa

fact finding trip & Ngati Ruanui request to see application

May-Sep 2015

• RELATIONSHIP

BUILDING

• Relationship

building and hui sought

• Note explicit

request for application details DP

• Attempted meeting

with Alan Eggers in Gold Coast 08/07/15 DP

• Relationship

meeting 03/09/15

Oct-Dec 2015

• STAKEHOLDERS

ENGAGEMENT PACKAGE

• Stakeholders

engagement package arrives 23/10/15 GY

• Additional scientific

information requested 04/11/15 GY

• Ngati Ruanui

confirms unable to sign confidentiality agreement to enable release of information 16/11/15 GY

• Discussions with

TTR legal Team 15/12/15 DP

Jan-Feb 2016

• DISCUSSIONS
• Discussion with Alan

Eggers 27/01/16 DP

• Discussion with EPA

staff (Waitangi weekend) regarding engagement and possible means to find a way forward with information and confidentiality restrictions, further email exchange 16/02/16 & 19/02/16 DP

May-Aug 2016

• DISCUSSIONS

CONTINUE

• Letter from Mike

Holm 28/04/16

• In response to draft

conditions, 16/05/16 Ngati Ruanui responds 26/05/16 summarizes position of Ngati Ruanui DP

• Application lodged

23 August 2016

• Ngati Ruanui

request to review application lodged with EPA 25/08/16

• Formal process EEZ

Act commences

March 2017

• EPA Hearing

EEZ Engagement with TTR 2014-2016

Debbie Ngarewa-Packer

• Cultural Impact Assessment Failure
• Information was not adequate
• Refusal to disclose and confidentiality agreement
• Uri unable to be engaged
• Key Cultural Impacts Not Tested
• Whakapapa and values
• Significant sites
• Kaimona protection and reefs
• Our tikanga, taonga mauri and kaitiakitanga

Debbie Ngarewa-Packer

• TTR Engagement Our Approach
• Values based engagement Tika and Pono
• Recognition of conflicts – Toka Walden
• Multiple points of contact with TTR
• Application of a consistent approach – Best

Practice Appendix of Key Engagement

Debbie Ngarewa-Packer

• Our Key Concerns
• Environmental uncertainty and unknown impacts
• Unproven company and track record in environmental

management

• Lack of Trust and Relationship with TTR
• Keeping our Uri safe and the affects on food gathering

sites

• Preserving “Mana Moana” and “Tangaroa”
• Small gains versus potential long term harm

“He Tangata, He Whenua Tomuri”

Te Runanga o Ngati Ruanui Trust

Evidence Graham Young

Evidence

• Evidence presented covers
• Background and context to the application
• Summary of the position by Ngati Ruanui
• Statutory considerations
• Consultation and engagement by TTR
• Adaptive management
• Condition setting
• Economic impact

Evidence

• EEZ Statutory Considerations
• The need to apply a precautionary approach
• Ultimate environmental issue relates to the sediment plume

during extraction and re-depositing

• Multiple level of cumulative impact
• Problematic to reconcile with condition setting
• Section 10 of the EEZ Act is central to achieving protection for the

environment

Caution is a lens through which any proposal under the EEZ Act must be viewed to meet the Acts purpose

Evidence

• EEZ Statutory Considerations
• Protection of the environment
• Effects are clearly go beyond the immediate project

area

• Need to achieve a high degree of certainty to ensure

protection of habitats

• Potential risks to food gathering sites
• Significant marine sites in the 12 nautical mile area and

their security must remain paramount

Evidence

• EEZ Statutory Considerations

– Efficient use and development of natural resources

• A challenging and difficult environment
• Cutting edge methodologies
• Not applied anywhere else in our territory waters
• Best practice of extraction cannot be measured

Precaution Must be Central to this Consideration

Evidence

• Information Principles

– Decisions must be made on best available information – Uncertainty = Caution – Caution and environmental protection = Adaptive Management consideration I doubt under any circumstances that Adaptive Management consideration can be avoided with this application

Evidence

• Adaptive Management = Reducing the Risk
• The Principles
• Good baseline information
• Effective monitoring
• Triggers for remedial action
• Effects can be remedied

Critical issue reduced scope and size does not automatically mean certainty

Evidence

• Engagement – Stakeholder package
• The stakeholder package was of limited use
• Information was critical to assess the changes and

therefore the impact

• The focus of how to obtain information and lack
• f detail become undermining to the relationship

and building of trust

• The information approach by TTR was

unprecedented in respect of all other major oil and mineral developments

Evidence

• Economic Impact
• Off shore development are unique in how they

interact with a local employment market

• Existing business limited in their interaction
• Job numbers proposed are confusing
• Economic modelling uses the areas of south Taranaki

and Whanganui to show employment opportunities The Community of Patea likely to see little or no benefit

Evidence Te Rūnanga o Ngāti Ruanui Trust

Evidence by Maria Cashmore

Summary of Uncertainties

• State of the existing

marine environment

• Sediment settling rate
• Long-fin eels
• Resuspension of

sediments

• Sediment sampling
• Effects of accumulated

trace/heavy metals

• Laboratory Tests
• Instability of the

seabed

• Flocculation
• Reinstatement

State of the Existing Marine Environment

The adjoining Coastal Marine Area has regional marine importance, distinctive habitat.

(TRC, 2012; LINZ , 2007; Freeman et al., 2010; Haggitt et al., 2004; McComb et al., 2005)

There is more potentially sensitive habitat to investigate.

(Cawthron Institute, 2016; Jones et al., 2016) Source: The New Zealand Aquatic Environment and Biodiversity Report No. 174 (2016)

Long-fin eels in the South Taranaki Bight

The commercial catch-data from 2005 to 2016 shows they exist. Refer to Appendix 1 of my written evidence

Sediment Sampling & Laboratory Tests

• The samples were collected and

chosen by the applicant.

• Information on collection points are

inconsistent.

• The location of collection points are in

close proximity from each other & does not cover most of the site.

• NIWA was instructed by the applicant

to test raw tailings with iron.

• Accuracy and reliability of the

sediment model & predicted optical effects; Absence of replicate samples

(Clapcott et al., 2011).

The credibility of sediment sampling & laboratory tests is uncertain:

Flocculation, Sediment Settling Rate & Resuspension

• Flocculation vs Fragmentation - Flocs are broken into Fragments which

could be resuspended back to the water column. - Spicer et al., (1996)

• Sediment Settling Rate of one particle size vs the Particle Size

Distribution (PSD) – Testing the PSD i.e. primary particles, flocculi, microflocs,

and macroflocs accurately estimate the sediment settling rate. - Lee et al., (2012);

Winterwerp, (1998)

• Resuspension of Sediments

Internal Tides Cacchione and Southard (1974); Nittrouer and Wright (1994) Internal Solitary Wave Murray, Levine and Boyd (1997); Ostrovsky & Stepanyants (1989); Trask and Briscoe (1983); Egbert & Ray, (2000); Gerkema & Zimmerman, (1995) Bed Load & Suspended Load Roos et al. (2001) Turbulence Fettweis et. al (2009) Seasonal Variations Fettweis et al. (2014); Maggi (2009); Lee et al. (2012) Cavity Vortex Hypothesis Dade, (1993)

Effects of Accumulated Trace Metals

• Increasingly toxic - Thurberg et al., (1973); Sneddon & Tremblay, (2011)
• Interrupt normal cell metabolism, interference in growth,
• smoregulatory failures, dysfunctional sensory responses, shortened

(elevated Copper/Zinc) - Atchison et al. (1987); Rainbow (1995); Brooks & Mahnken (2003);

Dauvin (2008); Sneddon & Tremblay (2011); Stauber & Florence (1990); Eisler (1993); Burridge et al. (2010).

Instability of the Seabed

• Creation of large-scale offshore sandpits, sandbanks or both. - Hoogewoning

and Boers (2001); Roos (2004); Huthnance, (1982); De Vriend, (1990); Hulscher et al., (1993); Ribberink (1989); Svasek (1998); Klein (1999)

• Evolution/deformation/migration of the pit, gradual deepening,

appearance of adjacent humps – Roos, et. al. (2001); Hoogewoning and Boers (2001);

Ribberink, (1989); Jensen et al., (1999).

Reinstatement

• Impact of low iron concentration - Street & Paytan, (2005)
• Presence of live adult worms - Brougham, (1984); Kupriyanova

et al., (2001)

• Tubeworm mounds occur on soft and hard seabed -

MacDiarmid et. al. (2013)

• Physical stabilisation of the tailings enables species to

grow and breed. - Ellis and Robertson, (1999).

• Re-establishment of sediment composition enables

biological recovery. - Boyd et al. (2004); de Groot 1986)

• Impact on the amount of bond and operational cost.

Te Runanga o Ngati Ruanui Trust

Closing Statements Debbie Ngarewa-Packer

Precautionary Principle

The information is uncertain and unreliable, therefore, a higher presumption of caution is required and environmental protection is favoured. This is consistent with the purpose of the EEZ Act.

“The bottom line is environmental protection.”

Closing Statement

• Application Must be declined

– Reliability of Information – Environmental impact uncertain – Sediment Plume – Precautionary Approach underlines the EEZ Act – Adaptive Management cannot avoid the on-going uncertain nature of effects and would not solve adverse effect – Cultural Impact is significant on Ngati Ruanui – Economic benefit does not out-weigh environmental fundamentals

people being seen, people being heard