Claim Wai 4, the Kaituna River claim, was brought on 30 January 1978 by six claimants on behalf of the Ngati Pikiao people, a sub-tribe of Te Arawa, and concerned the Kaituna River pipeline scheme, a project developed to address pollution affecting Lake Rotorua. The main cause of the pollution was effluent from the Rotorua sewage works, so the Bay of Plenty Catchment Commission, along with the Rotorua District Council and the Ministry of Works, had gained approval to build a pipeline to take the effluent directly to the Kaituna River instead of to the lake. The Government had approved a subsidy for the scheme.
The Tribunal constituted to hear the claim comprised Chief Judge Eddie Durie (presiding), Sir Graham Latimer, and Paul Temm QC. Hearings were held in July and October 1984, and the Tribunal released its report in December 1984.
The claimants alleged that the pipeline project was contrary to the principles of the Treaty of Waitangi and asked that it be stopped because it would transfer the pollution process into their territory and was objectionable on medical, social, cultural, and spiritual grounds. The opposition of the claimants was found by the Tribunal to be deep-seated, intense, and to a degree implacable. Ngati Pikiao elder and claimant Tamati Wharehuia urged upon the Tribunal the need to protect the Kaituna River from harm and likened the river to his own people, whom he had a duty to protect from harm. At the hearing, he demonstrated the depth of his objection to the proposed pipeline:
If this scheme goes ahead I want to make it clear that I will myself have to take direct action. I will take the patu that has been handed down to me from my ancestors generation by generation and do injury to stop this thing. After that the law must take its course with me, but that is beside the point.
Alec Wilson of the Arawa Trust Board came forward at the hearings to support the claimants. A member of the Ngati Whakaue people, he said that for them Lake Rotorua no longer provided the food that they had long been accustomed to obtain from it:
We have to come here to ask our relatives for food. It is too late for us. The damage is done. The only fish in the lake is trout. None of the native fish is left in the Utuhina Stream nor in Lake Rotorua. … This is our last stand.
The Tribunal found that the scheme was contrary to the principles of the Treaty because of the pollution it would cause to the Kaituna River fisheries and that there were alternatives to the pipeline which were practical and did not go against Maori values. It recommended that the pipeline not proceed, that research be carried out into land disposal as an alternative method for getting rid of the effluent, and that the Water and Soil Conservation Act 1967 and related legislation be amended so that regional water boards and the Planning Tribunal had to take account of Maori spiritual and cultural values when they made decisions about water rights.
The Crown subsequently abandoned all financial support for the pipeline and instead announced its support for a combined treatment plant and land-disposal option for Rotorua's effluent. |
