Lake Horowhenua as seen from Donnelly Park's hockey turf lights. Photo / Gary Turner
Lake Horowhenua as seen from Donnelly Park's hockey turf lights. Photo / Gary Turner
Muaūpoko Tribal Authority (MTA) and the Lake Horowhenua Trust (LHT) are going to court to challenge the Government's plan to exempt Lake Horowhenua's catchment from eight of its own 2020 freshwater policy statement rules. They are taking the fight for their taonga Punahau/Lake Horowhenua a big step forward.
In September last year MTA issued a strong statement' target='_blank'>statement opposing this decision. In the past year it has tried, despite Covid restrictions, to negotiate with the Crown and the local council over the implications of the national policy statement. Now the time has come to take serious action and the matter is going to court.
At the time, then chair of MTA Tim Tukapua said: "We just want a sustainable solution for our taonga and the community. The world is going through transformational change exacerbated by Covid. That pandemic has given Rangi and Papa time to rest - so is this how we respond to their regeneration?"
Minister David Parker had said a month earlier that the Government has deemed the catchment of Lake Punahau a specific vegetable growing area and the land users in that area will be allowed to meet the standard at a much lower rate because they provide fruit and vegetables to the nation and are unable to reach the new standards.
Minister David Parker had said the new standards would mean vegetable growing in Horowhenua needs to decrease by 40 per cent to reach those standards, so he has given the growers 10 years to measure up.
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The exemptions mean councils will be allowed to maintain water quality below some national bottom lines while ensuring that improvements are made. These provisions will expire after 10 years, or earlier if a tailored, legally binding solution for these areas can be reached.
Large eel about to be released into Lake Horowhenua Saturday August 4 2018.
"The minister on behalf of the Crown determined that he would delay, by a decade, the imposition of eight national bottom-line pollution control measures to all of the waters of the Muaūpoko Iwi – including the bottom line for cynobacteria," concluded MTA.
Despite extensive talks with the Crown, MTA is not getting what it wants and had said from the beginning it would keep all its options on the table, including court action.
"The National Policy Statement on Freshwater Management 2020 provides that the catchment of our taonga Punahau / Lake Horowhenua and other streams are a "specific vegetable growing area" and so will be exempt from the national bottom lines for nitrate toxicity.
"Due to decades of historic neglect by the Crown and Crown agencies and modern-day pollution, toxic cyanobacteria is regularly present in the lake. This is related to the large amounts of nutrients and sediment entering the lake, combined with large amounts of sediment and nutrients already present in the lake.
"The Crown determined that it would delay, by a decade, the imposition of eight national bottom line pollution control measures to all of the waters of Muaūpoko Iwi, including the bottom line for cynobacteria.
"Muaūpoko find this decision contradicts a previous Waitangi Tribunal report which urged the Crown to authentically and substantively engage with Muaūpoko and Lake Horowhenua Trust on a co-management process and work plan to protect Lake Horowhenua and our streams for future generations," said Sillena McGregor, chair of Muaūpoko Tribal Authority (MTA) Inc.
Lake Horowhenua's health is still below national standards.
"Lake Horowhenua is the largest dune lake in Aotearoa New Zealand. There are six native fish species within the lake, including two species of eels. Muaūpoko fishery in the lake is protected by Section 18 of the Reserves and Other Lands Disposal Act 1956.
"As trustees, we are saddened by the way the Crown has acted as a Treaty partner," said Dean Wilson, trustee of the Lake Horowhenua Trust.
"Over the last 18 months, and under Covid restrictions, we have continued to explore with the Crown and local council the implications of the NPS and how its environmental and hauora impact might be ameliorated.
"We have made it clear to the Crown that all options on how our iwi might respond are on the table. We have also been collaborating with the trustees of Lake Horowhenua Trust," said Di Rump, chief executive officer of MTA Inc.
"It is therefore with a heavy heart that we have filed in the Wellington High Court under Judicial Review Act 2016 of the RMA in regards to the Crown's exemption for the National Policy Statement on Freshwater Management. Our legal representative will make our oral submission today," she confirmed.
Horowhenua 11 Part Reservation Trust (Lake Horowhenua Trust) administers Lake Horowhenua (lake bed and surrounding land) on behalf of the owners in accordance with the Trust Order put in place by the Māori Land Court. The Trust administers for the benefit of all Muaūpoko beneficial owners.
Muaūpoko Tribal Authority (MTA) Inc is the mandated representative organisation of Muaūpoko Iwi, whose people have primary interests in Horowhenua and in our taonga Punahau (Lake Horowhenua).
