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Evidence of Jamie Grant Daniel Tuuta – Cultural
Before the Environment Court ENV-2021-AKL-000059 at Auckland
In the matter of the Resource Management Act 1991 and an appeal under section 120 of the Act
Between Remediation (NZ) Ltd (Appellant) and Taranaki Regional Council (Respondent)
Dated: 14 April 2022
Legal Representatives
Solicitors
AULD BREWER MAZENGARB & McEWEN
9 Vivan Street
NEW PLYMOUTH 4340
Phone: (06) 757 5183
Fax: (06) 757 4605
Counsel Instructed
S J ONGLEY
Barrister
PO Box 8213
NEW PLYMOUTH 4620
Phone: (06) 7699400
Fax: (06) 7699425
sarah@ongley.co.nz
Table of Contents
  • INTRODUCTION
  • NGĀTI MUTUNGA ROHE
  • MIMITANGIATUA AWA
  • MIMITANGIATUA - TE MANA O TE WAI and KI UTA KI TAI
  • WHENUA AND KAITIAKITANGA
Appendices:
  • Appendix 1: Ngāti Mutunga rohe
  • Appendix 2: Whakapapa to Mimitangiatua and Mihirau
Nau mai rā e te motu
Nau mai rā e te ao
Kia kite koe i te puapua
Kia kite koe i te werewere
Kia kite koe i te manawanui
Kia kite koe i te manawaroa
Kia kite koe i te mana o te iwi e takoto nei
Ko te iwi o Mutunga e tū nei
E runga whai mai, e raro whai mai
E uta heke mai, e tai tapiki mai
kia kotahi te tū kotahi te rongo
mō Mutunga e whakaaturia nei
E te iwi heke mai!
E tū e te iwi i runga i ngā kōrero o ngā whakatupuranga
Whiria te tangata, whiria te kaupapa, whiria ngā taonga tuku iho, whiria kia ū, whiria kia mou, mou kia ita!
Introduction
My Identity
My full name is Jamie Grant Daniel Tuuta.
I am Chair of Te Rūnanga o Ngāti Mutunga ("Ngāti Mutunga").
I was born in Taranaki and grew up on whanau land in Urenui. I have been actively involved with Ngāti Mutunga all of my life and have a strong connection and relationship to our rohe and our iwi. I also hold kōrero relating to Ngāti Mutunga. I am also a registered member of Ngāti Tama Iwi, Ngāti Maru Iwi, Te Atiawa Iwi and Taranaki Iwi.
My Experience
I have experience working with various iwi throughout the country across multiple sectors. I specialise in governance and hold a number of directorships including as:
  • Chairperson of Tourism New Zealand
  • Chairperson of Taranaki Mounga Project
  • Chairperson of Māori Television
  • Director of Taranaki Whanui Limited
  • Chairperson of Ka Uruora Trust
  • Director of Taranaki Iwi Claims Management Limited
  • Director for Next Foundation
I was also the Chair of Te Ohu Kaimoana and Te Ohu Kaimoana Portfolio Management Services.
Scope of Evidence
My evidence addresses:
  • Who we are (Ngāti Mutunga)
  • Our associations with the Mimitangiatua awa
Ngāti Mutunga's concerns with the applications are:
  • Effects on the awa effects on the Mimitangiatua and its tributary the Haehanga
  • Effects on the whenua our concern as kaitiaki that a contaminated site has been created in our rohe
Mr Ritai, Te Rūnanga's Pouwhakahaere states our position on the applications. Mr Ritai, with the support of Ms Benson, has had primary responsibility for liaising with RNZ. Mr Ritai also sets out wānanga, Board and community updates that have informed and communicated Ngāti Mutunga's position to our members.
Anne-Maree McKay addresses the provisions of Ngāti Mutunga's Iwi Management Plan and Mauri Compass reporting. The Mauri Compass is a Cultural Health Index Monitoring method that we have used for the Mimitangiatua and Haehanga awa. Mr Ruru explains the Mauri Compass methodology.
Ngāti Mutunga has involved its own scientific experts at this hearing. 'Western Science' informs our position - but is not the only way we analyse effects of activities such as the RNZ operation.

In December 2020 a rahui was placed on the Mimitangiatua awa preventing the collection of mahinga kai and other cultural practices. As mana whenua, we consider that the mauri, and the wairua, of the Mimitangiatua is affected by the RNZ activities.
Ngāti Mutunga Iwi
Ngāti Mutunga descends from a number of ancestors who lived in the area occupied today by ngā uri o ngā tūpuna o Ngāti Mutunga. These ancestors include Tokauri, Tokatea, Mihirau, Heruika, Pūrakino, Rakaupounamu, Uenuku (son of Ruawahia), Hineweo, Hinenō, Te Hihiotū, Kahukura, and Mutunga. Ngāti Mutunga also descends from ancestors who arrived on the Tokomaru, Tahatuna and Ōkoki waka such as Taitaawaro, Manaia and Ngānganarūrū. Over generations, the descendants of these tūpuna intermarried and became generally known as Ngāti Mutunga.
Historical Hapū Confederation
Ngāti Mutunga was traditionally a confederation of hapū, exercising tino rangatiratangā over their rohe. This collective group included the following historical hapu:
  1. Kaitangata
  1. Ngati Aurutu
  1. Ngati Hinetuhi
  1. Ngati Kura
  1. Ngati Okiokinga
  1. Ngati Tupawhenua
  1. Ngati Uenuku
  1. Te Kekerewai (also known as Ngāti Rangi, made up of the subgroupings Ngāti Te Uruwhakawai, Ngāti Korokino, and Ngāti Tutewheuru)
These historical hapū no longer form distinct communities within Ngāti Mutunga i.e. in recent times, Ngāti Mutunga has interacted as a single tribal grouping (an iwi).
Treaty Settlement
Ngāti Mutunga entered into a deed of settlement with the Crown on 31 July 2005, to settle the historical claims of Ngāti Mutunga. Breaches of Te Tiriti o Waitangi are listed in the Ngāti Mutunga Claims Settlement Act 2006. These breaches included land deprivation and disempowerment - words used by the Waitangi Tribunal in the Interim Taranaki Report.
Te Runanga o Ngati Mutunga is the 'post-settlement governance entity' of Ngāti Mutunga. It was established by Trust Deed dated 21 December 2005.
The iwi today has around 2,500 members aged 18 and over.
Section 7(10) of the Ngāti Mutunga Claims Settlement Act 2006 states: "The Crown acknowledges that the cumulative effect of its breaches of the Treaty of Waitangi (te Tiriti o Waitangi) and its principles has significantly undermined the traditional systems of authority, economic capacity and the physical, cultural and spiritual wellbeing of Ngati Mutunga. The Crown acknowledges that it has failed to protect the rangatiratanga of Ngati Mutunga in breach of its obligations under Article Two of the Treaty of Waitangi (te Tiriti o Waitangi)."
Ngāti Mutunga Rohe
The area of the Ngāti Mutunga rohe is approximately 63,200 hectares (156,000 acres). A map showing Ngāti Mutunga's rohe is attached to my evidence (Appendix 1).
The traditional rohe of Ngāti Mutunga is indelibly etched into both the physical and historical landscapes. The Tītoki ridge rising from the marine shelf in the northwest signals interface with Ngāti Tama.
From here, the Tītoki stream outlines the extremities of tupuna mana as far north as the Mangahia Stream from which an easterly direction is struck to Huanui, then northwest to Waitara-iti. The rohe then finds a natural eastern definition in the Waitara River as the river flows southward to the Poutiatoa precinct.
Rohe Boundaries
From here the border extends further south and then northwest along the Waitara River to a point where the river connects with the Makara Stream. The confines of Manawhenua are then traced in a northerly direction skirting slightly west of the Poukekewa, Poutotara and Pukemai streams.
The Mangahewa Stream provides an outline for the duration of the course to the coast. The old settlement of Te Rau o te Huia was bounded by the Waiau River and its remains mark the area of Ngāti Mutunga's southern boundary.
Mimitangiatua Awa
The Statutory Acknowledgements in the Ngāti Mutunga Claims Settlement Act 2006, include four awa:
Urenui
Onaero
Waitara River
flowing within Ngāti Mutunga's rohe
Mimitangiatua
flowing within Ngāti Mutunga's rohe
The correct name is the Mimitangiatua river (not the 'Mimi'). The river is also known as Te Wai o Mihirau. Mihirau was an ancestress of the Te Kekerewai hapū and was a prominent woman of her time. The name Te Wai o Mihirau is referred to in a Ngati Mutunga pepeha set out in our Statement of Association (below).
Appendix 2 shows whakapapa to Mimitangiatua and Mihirau.
Statement of Association with Mimitangiatua Awa
Ngāti Mutunga's Statement of Association with the Mimitangiatua Awa, as recognised by the Crown:
The traditions of Ngati Mutunga illustrate the cultural, historical and spiritual association of Ngati Mutunga to the Mimi River. For Ngati Mutunga, traditions such as these represent the links between the world of the gods and present generations. These histories reinforce tribal identity, connection and continuity between generations and confirm the importance of the Mimi River to Ngati Mutunga.
The tupuna had considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai and other taonga, ways in which to use the resources of the Mimi River, the relationship of people with the river and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to the people of Ngati Mutunga today.
The full name of the Mimi River is Mimitangiatua. The river was also known as Te Wai o Mihirau. Mihirau was an ancestress of the Te Kekerewai hapu and was a prominent woman of her time.

The name Te Wai o Mihirau is referred to in a Ngati Mutunga pepeha:
Mai Te Wai o Mihirau (Mimi River) ki Te Wai o Kuranui (Urenui), koia tera ko te whakararunganui taniwha
Historical Significance
There are a number of pa and kainga located along the banks of the Mimi River. These include Mimi-Papahutiwai, Omihi, Arapawanui, Oropapa, Pukekohe, Toki-kinikini and Tupari. There were also a number of tau pa (cultivations) along the banks of the river.
Arapawanui was the pa of Mutunga's famous grandsons Tukutahi and Rehetaia. They were both celebrated warriors, especially Rehetaia who took the stronghold of Kohangamouku belonging to Ngati Mutunga's southern neighbours, Ngati Rahiri.
The Mimi River and associated huhi (swampy valleys), ngahere (large swamps) and repo (muddy swamps) were used by Ngati Mutunga to preserve taonga. The practice of keeping wooden taonga in swamps was a general practice of the Ngati Mutunga people.
The Mimi River has nourished the people of Ngati Mutunga for centuries. Pipi, pūpū (cats eye), tio (oyster) and pātiki (flounder) were found in abundance at the mouth of the river. Inanga (whitebait) were caught all along the banks of the river.
The Mimi River has always been an integral part of the social, spiritual and physical lifestyle of the Ngati Mutunga people. Ngati Mutunga also used the Mimi River for baptising babies. When members of Ngati Mutunga were sick or had skin problems they were taken to the river to be healed.
All elements of the natural environment possess a life force and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngati Mutunga whanui to the Mimi River.
To the people of Ngati Mutunga, all the rivers and their respective valleys are of the utmost importance because of their physical, spiritual and social significance in the past, present, and future.
The Onaero, Urenui and Mimitangiatua have been occupied by the tupuna of Ngāti Mutunga since before the arrival of the Tokomaru and Tahatuna waka.
Ngāti Mutunga utilised the entire length of the Mimitangiatua for food gathering. Inanga (whitebait) were caught along the banks of the river. Tuna (eel) and piharau (lamprey) were caught in the upper reaches of the river. Piharau were caught using whakaparu, which was a technique developed by placing rarauhe (bracken fern) in the rapids of the river in times of flood. The river mouths provided a plentiful supply of pipi, pūpū (cat's eye), pātiki (flounder), kahawai and other fish.
Changes to the Mimitangiatua have degraded its mauri and wairua, such that this awa can no longer sustain Ngāti Mutunga (similarly with the Urenui and the Onaero rivers). Many kai species have disappeared, or their physical appearance of the rivers has changed beyond recognition. However, prior to the current Rāhui, kai was still taken from the awa.
We have developed an Iwi Management Plan that Anne-Maree McKay discusses in her evidence. This includes a policy:

To prioritise the restoration of rivers in the Ngāti Mutunga rohe.
We are interested in all the activities that may affect the awa, including (but not only) the composting facility at Uruti.
Mimitangiatua - Te Mana o Te Wai and Ki Uta Ki Tai
Ngāti Mutunga recognises that everything has a mauri or life force, and all elements of our environment are interconnected. In order for our people to be healthy and happy, everything around them needs to be healthy too.
— Ngāti Mutunga 2020 Mauri Compass Report
1
Te Mana o Te Wai
This is an expression of the concept 'Te Mana o Te Wai'.
For Ngāti Mutunga (and for Māori generally) water is not a commodity to benefit land-based production and economic development. Water does not exist to absorb nutrients from land based activities.
The mana of water, its health and status, is the paramount priority. Without taking care of the water, the community and the rest of the environment will not be cared for. This is not the same as RNZ's planning expert's approach, of 'taking into account the entire site and the role it plays within the community'.
2
Ki Uta ki Tai
Ki Uta ki Tai reflects the mātauranga that all environmental elements are connected and must be managed in that way. Water, land and people are interconnected. The Mimitangiatua is its headwaters down to the Mimitangiatua estuary. As is stated in our Iwi Management Plan:
"Natural and physical resources are managed in an holistic and integrated way."
The headwaters and tributaries of the Mimitangiatua cannot be 'separated-off'. The Haehanga stream flows to the Mimitangiatua, which flows to the river mouth. Activities occurring on the surrounding land, can leach contaminants to the awa.

For Ngāti Mutunga, the effects of the RNZ operation have put out of balance the needs of the community, the wider environment and the health and wellbeing of our tupuna, the Mimitangiatua.
Whenua and Kaitiakitanga
As the current generation, we have a kaitiaki role. It is particularly distressing to Ngāti Mutunga, that the stockpiling of contaminated material on the site could continue to affect Ngāti Mutunga for many generations.
Mr Ritai discusses these matters further in his evidence.
Jamie Grant Daniel Tuuta
14 April 2022
Appendices
Appendix 1
Ngāti Mutunga rohe
Map showing the traditional boundaries and extent of Ngāti Mutunga territory in Taranaki
Appendix 2
Whakapapa to Mimitangiatua and Mihirau
Genealogical connections demonstrating ancestral ties to the Mimitangiatua river and the ancestress Mihirau