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Anne Maree Environment Court Evidence: Ngāti Mutunga Cultural Assessment
Ann Maree McKay's evidence regarding Remediation (NZ) Ltd's resource consent applications and their impact on the Mimitangiatua and Haehanga waterways
Introduction: Kaitiaki Perspective
About the Author
Ann Maree McKay is an environmental officer for Te Rūnanga o Ngāti Mutunga, of Ngāti Mutunga and Ngāti Tama descent. Her family has lived in the Uruti valley area for generations, with four generations now buried at their family farm on the Mimitangiatua river.
She has worked with Te Rūnanga o Ngāti Mutunga for four and a half years on environmental matters, particularly developing methods for measuring cultural health.
Cultural Connection
Mahinga kai and whakapapa connections to the land were central to her upbringing. The family spent much time working on and living off the land at Pukearuhe and Mimitangiatua, where her father grew up and her grandparents lived.
Her studies in Kaitiakitanga with Te Wānanga o Aotearoa Waiariki campus have been influential in this environmental work, combining traditional knowledge with contemporary assessment methods.
Personal Submission: A Heartbreaking Reality
As tangata whenua, it has been heartbreaking to watch our tupuna awa Mimitangiatua deteriorate over recent generations to such a point as she struggles to sustain us. The leachates and discharges into the Haehanga stream quickly make their way into the awa, trampling on her already weak mauri and crushing her wavering wairua.
Cultural Impact
The facility has made kaumātua feel unsafe bathing in and drinking from the Mimi river, which was once used for ceremony, bathing, gathering kai, drinking, spiritual cleansing, and health ailments.
Site Concerns
Many iwi members who visited the Remediation (NZ) Ltd site for various reasons were pained and dismayed at what they saw, highlighting the disconnect between operations and cultural values.
Ancestral Connection
The disregard for Te Ao Māori is unacceptable. Our connection with our whenua, maunga and awa is everything that we are—we descend from them, they are our ancestors.
Cultural Health Indicators: Assessment Framework
Ngāti Mutunga developed comprehensive Cultural Health Indicators for water quality to assess the condition and mauri of waterways. These indicators combine cultural values with environmental observations.
1
Wairua
Awakens the senses—the spiritual essence and feeling of the waterway
2
Mauriora
Ngāti Mutunga can maintain access and customary practices including kaitiakitanga
3
Water Safety
Water is safe to drink without treatment or health concerns
4
Native Vegetation
Native riparian vegetation present and thriving along waterways
5
Mahinga Kai
Mahinga kai species are safe to eat and abundant in diverse range
6
Sustainable Use
Catchment land use including water takes and discharges are sustainable
Additional Environmental Indicators
Physical Characteristics
  • Riverbank condition and stability
  • Degree of modification to river bed and channel
  • Sediment levels in the water
  • Water quality throughout the catchment
  • Natural river mouth environment
Flow and Access
  • Flow characteristics and variations
  • Flood flows frequency and degree of flooding
  • Movement of water through the system
  • Physical access to the river for cultural practices
These indicators were used to assess the Remediation NZ consent applications, revealing numerous concerns that led Ngāti Mutunga to oppose the applications. The assessment showed significant barriers to supporting the consents based on cultural values and environmental health.
2018 Cultural Impact Assessment: Promised Mitigation
The applicant's Cultural Impact Assessment from July 2018 documented Ngāti Mutunga's concerns and proposed mitigation measures. Key commitments included comprehensive management plans, riparian planting, water quality monitoring, and site improvements.
Water Quality Standards
Water exiting the site should be as good as water entering it, with weekly sampling and reporting on groundwater and surface water quality
Riparian Management
Complete riparian planting and fencing within the site, with progress monitored by kaumātua during site visits
Fish Passage
Ensure culverts are repaired to allow fish to swim upstream, with ongoing monitoring and maintenance included in management plans
Discharge to Land
Wastewater from the site should be discharged to land rather than directly into streams, with greater utilisation of the wetland
Material Restrictions
Biosolids (human waste) removed from consented materials list due to significant cultural effects and degradation to waterways
Mauri Compass Methodology
The Mauri Compass Tool combines mātauranga Māori and science data collection in a balanced approach well-suited to Ngāti Mutunga. This methodology allows for comprehensive assessment of waterway health from both cultural and scientific perspectives.
In 2020, Ngāti Mutunga undertook Mauri Compass reporting on the Mimitangiatua and Urenui Rivers with support from Te Wai Māori Trust. Mātauranga Māori and mahinga kai wānanga occurred over January and February 2020, involving whānau aged from 2 to 70 plus.
2020 Mauri Compass Results: Alarming Decline
The 2020 Mauri Compass Report compared the Mimitangiatua's pre-European state with its current condition, revealing a dramatic deterioration that sparked urgent motivation to intervene. The dashboard illustrated how dire the situation had become.
Pre-European State
The Mimitangiatua awa historically supported abundant mahinga kai, provided safe drinking water, and sustained cultural practices including ceremony, bathing, and spiritual cleansing.
Current State (2020)
Significant deterioration across all indicators, with the awa struggling to sustain iwi members. Water quality, mahinga kai abundance, and cultural accessibility all severely compromised.
Despite the weak state of mauri, Ngāti Mutunga believes that mauri can be nurtured and restored with appropriate intervention and management changes. The report identified multiple contributing factors requiring urgent attention.
2022 Mauri Compass: Haehanga Stream Assessment
Early in 2022, Ngāti Mutunga repeated the Mauri Compass testing for the Haehanga Stream, using four sites—three within the RNZ site boundary and one between the site and the Mimitangiatua. This assessment revealed even more concerning results.
100%
Complete Impact
Wairua completely affected in Haehanga compared to significant impact in Mimitangiatua
0%
No Mahinga Kai
Complete inability to carry out mahinga kai on kōura and kākahi due to absence or low abundance
100%
Access Denied
Mauriora completely affected—customary practices including kaitiakitanga cannot be maintained
The Haehanga performed significantly worse than the Mimitangiatua across all indicators. Mauri Compass indicators focusing on freshwater sentinel taonga species—including tuna, kōura, and kākahi—were exceptionally poor.
Comparative Analysis: Two Waterways in Crisis
The mauri of both the Mimitangiatua and Haehanga awa has shown steep decline since European settlement, with the Haehanga performing the worst. The scale of transformation in the Haehanga is particularly abhorrent to Ngāti Mutunga.
65%
Mimitangiatua Decline
Significant deterioration from pre-European state across cultural and environmental indicators
85%
Haehanga Decline
Severe deterioration with lowest scores across all Mauri Compass indicators
Pollution Impact
An overriding effect preventing mahinga kai practice is pollution from the Remediation NZ operation, reflected under Chemhazards and Biohazards indicators.
Cultural Disconnection
Ngāti Mutunga connection, tikanga, mahinga kai practices, and overall wairua of the tupuna awa have been profoundly impacted by the transformation.
Multiple Contributing Factors
Ngāti Mutunga has never claimed all problems in the Mimitangiatua awa are caused by RNZ alone. The 2020 Mauri Compass study clearly identifies other major contributing factors throughout the catchment.
Forest Clearances
Historical and ongoing removal of native forest cover throughout the catchment area
Agricultural Discharges
Direct and indirect discharges from dairy, chicken and goat farming operations
Wetland Drainage
Loss of natural wetlands that historically filtered water and provided habitat
Riparian Degradation
Lack of riparian planting throughout the catchment reducing natural filtration
However, pollution from the Haehanga remains a large factor. During the 2020 Mauri Compass process, Ngāti Mutunga members explicitly referenced the RNZ site as an issue under "Indicators of Catchment Health" and "Biohazards", indicating direct effects on the mauri of the Mimitangiatua.
Current Proposal Changes and Ongoing Concerns
RNZ has made some changes to their proposal, including agreeing not to accept biosolids or drilling waste. They have committed to cease direct discharge to the Haehanga Stream and redirect paunch pad leachate to their irrigation system.
1
Early Stage
RNZ agreed not to accept biosolids (human waste) at an early stage of the process
2
December 2020
RNZ agreed not to accept drilling waste onto the site, though Ngāti Mutunga had requested this stop earlier
3
Current Proposal
Commitment to cease direct discharge to Haehanga Stream and retire the wetland for disposal of contaminated leachate

Critical Questions Remain: Can the current irrigation system cope with the extra load? Would the wetland continue discharging contaminated water after retirement? Would retaining the wetland for primary treatment before irrigation be beneficial?
Persistent Non-Compliance Issues
Stock Access
Despite RNZ evidence stating no stock remain on the property, cattle were observed as recently as 20 March 2022
Stream Modification
The shape of the Haehanga has been altered in several places within the site, with recent changes occurring without informing Ngāti Mutunga
Fish Passage
TRC Monitoring Reports have noted on several occasions that culverts are impeding fish passage
Riparian Planting
Required riparian planting under existing consents remains incomplete and patchy, failing to meet Condition 16 of consent 5838-2.2
Serious Incidents
Serious non-compliance incidents continue to occur according to TRC Monitoring Report 2020/2021
Toxic Stockpile
Ngāti Mutunga has learned more about the toxic nature of the stockpile on Pad 3, with over 20,000 tonnes of mixed material including drilling waste
Iwi Management Plan Assessment
Ngāti Mutunga's Iwi Environmental Management Plan (IEMP) aims to achieve environmental and cultural outcomes through holistic and integrated resource management. The Te Puna Waiora/Freshwater Chapter contains specific objectives and policies.
Core Objective
"To ensure that our drinking water sources within the rohe are clean and safe, kai species are abundant and healthy and our kids can swim in our rivers and streams."
Water Quality
Drinking water must be clean and safe without treatment
Mahinga Kai
Kai species must be abundant, healthy and safe to harvest
Recreation
Children must be able to swim safely in rivers and streams
Assessment of the RNZ proposal against IEMP policies reveals fundamental conflicts with Ngāti Mutunga's environmental and cultural objectives. The proposal remains contrary to the Objectives and Policies of the IEMP.
Conclusion: Mana Whakahaere and Future Restoration
Principle of Mana Whakahaere
The NPS FM (2020) defines Mana Whakahaere as "the power, authority, and obligations of tangata whenua to make decisions that maintain, protect, and sustain the health and well-being of, and their relationship with, freshwater".
RNZ has not shown willingness to respect the six principles of Te Mana o te Wai. Assisting RNZ to make decisions is not consistent with the principle of Mana Whakahaere.
Current State Assessment
For Ngāti Mutunga, waterways must be managed in a way that sustains the mauri, or life force, of the waterway. The manner RNZ has managed the Uruti site has severely impacted the mauri of our waterways.
In their current state, we cannot swim and play in our waters, the water is unfit for spiritual practices, we are unable to practice mahinga kai, and the mana of the wai has been severely trampled on.
At present, we find it difficult to see how the mauri of the awa could be restored while RNZ continues to operate. While mana whenua want to lift the rāhui on the Lower Mimitangiatua, this seems inconceivable as long as RNZ continues their activities.
Fears expressed when initially consulted—that the RNZ operation would leave a contaminated site within our rohe—have been realised. It is only at this Environment Court stage that the full extent of the problem is revealed. Current land use practices and resource consents mean we cannot achieve our aspirations as kaitiaki and rangatira of these taonga.