NEW ZEALAND GAZETTE, No. 99 — 27 SEPTEMBER 2017

not the subject of contested evidence. Nevertheless, I must be satisfied that the taiapure does relate to littoral
coastal waters.

[128] As noted earlier, Waka Te Haua is a tidal island or outcrop of about six hectares in area that extends out
from Te Oneroa a Tohe into the Tasman Sea. It is a unique geographical feature on Te Oneroa a Tohe that
otherwise comprises a relatively uninterrupted expanse of beach. Waka Te Haua’s geological features mean that
it has significant attributes in attracting sea life and has a significant effect on the prevailing winds, tides and
currents in the surrounding coastal waters.

[129] The fishing industry referred to these features in its original submissions opposing the inclusion of mussel
spat within the ambit of the taiapure. The industry said that 80 percent of mussel spat within New Zealand is
harvested from Te Oneroa a Tohe and that 20 percent of the mussel spat harvested on Te Oneroa a Tohe comes
from within the approximate five kilometres of shoreline of the proposed taiapure - that is, 17 percent of the
overall national mussel spat harvest. Aquaculture New Zealand explained that the high take of mussel spat is due
to the natural phenomena caused by Waka Te Haua:

The area is particularly important because it faces a number of directions and captures a number of currents
and wind directions so it captures spat strandings in a number of different environmental conditions.24

[130] Sanford Limited also referred to this:

The location and landing of beach cast volumes vary by storm event, with the quality of the spat collected from
the proposed taiapure location very high. The Bluff Island produces an “eddie” effect from the Tasman Sea’s
wild storms and allows the beach cast seaweed to gather around the Bluff ...25

[131] Mr Ihaka of Te Aupōuri explained the rationale for the area of the taiapure. He said that the southern point
of the taiapure, Te Arai, and the northern point of the taiapure, Waipakaru, were selected because they mark
traditional areas within which Te Aupōuri concentrated its fishing. The iwi selected one nautical mile as the
distance from the shoreline for the taiapure as it is a well understood distance for commercial fishers. The
relevant hydrographical chart of the seabed (N.Z.41) shows the approximate depth of the waters at one nautical
mile at Te Arai at less than 21 metres; at Waka Te Haua at between 21 and 35 metres; and at Waipakaru at less
than 21 metres. I am therefore satisfied that in terms of the depth of the waters, the bulk of the area comprises
waters in which plants might be expected to grow. This is consistent with being littoral coastal waters. While
there is a small element of “buffering” in choosing a one nautical mile limit, I believe any such buffer is negligible.
As noted earlier, a distance of one nautical mile is not out of keeping with other taiapure.

[132] Pereniki Conrad spoke of his knowledge of the underwater terrain within the taiapure. Apart from the island
of Waka Te Haua itself, there are many submerged and partly-submerged rocks including Waimahuru, out from
Te Arai, other rocks to the south of Waka Te Haua, and rocks and a reef extending up to 150 metres off Waka Te
Haua. A deep trough runs in front of Waka Te Haua, which I infer is caused by the coastal currents. The area is
subject to strong currents that contribute to it being an abundant source of mussel spat, and I conclude that
the whole area of the taiapure comprises rich sea life in general. Mr Conrad confirmed that the whole area of the
taiapure is (or, more to the point, was) very abundant in sea life. Evidence from other witnesses supports this
conclusion.

[133] The combination of the evidence of the known fishing rocks and reefs; the extensive band of surf in the very
shallow waters; the significant effects of tides, currents and winds on the waters in general as a result of the
features on the land; and the evidence of the rich fishery resource throughout the waters, satisfies me that the
area of the proposed taiapure is an area of “littoral coastal waters” for the purposes of the Act.

[134] I am satisfied that the fisheries waters surrounding Waka Te Haua have been of “special significance” to Te
Aupōuri as a source of food. I heard detailed evidence from Te Aupōuri witnesses regarding the range of
kaimoana gathered and caught off Waka Te Haua itself, the shoreline within the taiapure and the waters of the
taiapure. I am satisfied in particular that this area is of special significance given its natural features referred to
above (which makes it unique within Te Aupōuri’s area of interest on Te Oneroa a Tohe), the prolific kaimoana
that existed there in the past, its unique attributes as a fishery today, and Te Aupōuri’s strong and longstanding
association with the area.

[135] I am also satisfied that the proposed taiapure will make better provision for Te Aupōuri’s rangatiratanga
and right secured in relation to fisheries by Article II of the Treaty. As explained in some detail, Te Aupōuri has
performed the role of kaitiaki in accordance with that rangatiratanga and wishes to be able to recommend
regulations to the Minister for the purpose of the conservation and management of the taiapure area.

Section 176(2)(b) – is the taiapure appropriate having regard to its size, impact on the general welfare of the
community in the vicinity, impact on those persons having a special interest in the taiapure, and impact on
fisheries management?

[136] I am satisfied that the taiapure is appropriate in relation to each of the factors in s 176(2)(b).