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TARANAKI IWI TRUST

SUBMISSION ON THE PROPOSED AREAS FOR PETROLEUM EXPLORATION

5 APRIL 2012


TARANAKI IWI TRUST SUBMISSION ON PROPOSED AREAS FOR PETROLEUM EXPLORATION

1.

INTRODUCTION

1.1

This submission is made for and on behalf of the Taranaki Iwi Trust (“Trust”), who currently has over 3,000 registered uri (descendants).

1.2

The Trust is the representative body for Taranaki Iwi which is one of the eight iwi in Taranaki and with an approximate area of interest extending from the West of New Plymouth around coastal Taranaki to south of Opunake and inland onto Taranaki Mounga (Mt Taranaki).

1.3

The people of Taranaki Iwi exercise mana whenua and mana moana within the Taranaki rohe and have been kaitiaki of the whenua and moana within the Taranaki rohe for generations. As kaitiaki we have inherent responsibilities to preserve and protect our whenua, moana and taonga. This relationship continues to this day and will continue for generations to come.

1.4

In February 2010, the Crown formally recognised the deed of mandate for the Trust to enter into Treaty of Waitangi (“Treaty”) settlement negotiations with the Crown for the settlement of historical Taranaki Iwi land grievances. On 17 March 2010, the Trust signed terms of negotiation with the Crown for the settlement of the historical Taranaki Iwi land claims.

2.

GOVERNMENT PROPOSAL FOR PETROLEUM EXPLORATION

2.1

The Taranaki Iwi Trust understands that the Government’s proposal is to offer onshore and offshore blocks for oil and gas exploration in 2012. This proposal includes both onshore and offshore blocks within the Taranaki Iwi rohe.

2.2

On 9 February 2012, the Trust received from New Zealand Petroleum and Minerals (“NZPM”) information regarding the proposed areas for petroleum exploration, including a map of the proposed block offer areas. Since receiving this initial information, various requests were made by iwi within the Taranaki region and subsequently additional information, particularly maps, have been provided by NZPM for consideration.

2.3

We note that this is the first opportunity Taranaki Iwi have had to review the Draft 2012 Block Offer Invitation for Bids and the criteria for the evaluation of bids, so we set out our comments in relation to the draft document in this submission.

2.4

We confirm that Taranaki Iwi has an interest in the following proposed blocks: - Onshore Blocks - Offshore Blocks

12TAR1, 12TAR2 12TAR8, 12TAR9, 12TAR10, 12TAR11, 12TAR12, 12TAR13 12TAR14


3.

SUMMARY OF THIS SUBMISSION

3.1

Taranaki Iwi support the introduction of a competitive block offer process which provides for an assessment of bidders to ensure the safe and responsible development of mineral resources in Aotearoa / New Zealand.

3.2

In respect of the criteria for evaluating the bids, we suggest that the following additional criteria be included:

3.3

(a)

The environmental protection expertise/record of a bidder in exploration activities; and

(b)

The health and safety practices/record of a bidder in exploration activities.

The Trust’s position and submissions regarding the proposed areas for oil and gas exploration is as follows: (a)

The proposed 12TAR1 and 12TAR2 blocks within the Taranaki Iwi rohe are historically and culturally significant to Taranaki Iwi and should not be offered up for competitive tendering in 2012;

(b)

The proposed 12TAR8 block includes an area used for by Taranaki Iwi and others for customary fishing and where traditional kaimoana (seafood) reefs are located and these areas should be excluded from the parameters of the proposed 12TAR8 block;

(c)

The proposed 12TAR9, 12TAR10, 12TAR11, 12TAR12, 12TAR13 and 12TAR14 offshore blocks, combined with those offshore blocks previously offered have a significant cumulative effect on the Taranaki Iwi rohe moana; and

(d)

An assessment of the cumulative effects of exploration and production activities in the Taranaki Basin should occur prior to the 12TAR9, 12TAR10, 12TAR11, 12TAR12, 12TAR13 and 12TAR14 offshore blocks being offered up for competitive tendering.

4.

DRAFT 2012 BLOCK OFFER INVITATION FOR BIDS

4.1

Taranaki Iwi support the introduction of a competitive block offer process which provides for an assessment of bidders to ensure the safe and responsible development of mineral resources in Aotearoa / New Zealand.

4.2

We set out below our specific comments in respect of the draft document.

4.3

4.4

Bid Evaluation Criteria Schedule 3 or the draft document sets out the criteria for the evaluation of bids. We note that the evaluation of a bidder’s environmental protection history and safety procedures do not appear to be criteria proposed for assessment by NZPM, but submit that they should be. While we understand that the Resource Management Act 1991 (“RMA”) requires assessment by local and regional councils of the environmental impacts of specific explorations activities and


sites, and that the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill (“EEZ Bill”) requires a similar assessment by the Environmental Protection Authority (“EPA”), neither local and regional authorities nor the EPA will be responsible for assessing a bidder’s environmental protection practices or history – we see this as a role for NZPM during this proposed competitive block offer process. 4.5

In Taranaki Iwi’s view, successful bidders under this competitive block offer process should not only have the operational, management and technical expertise but should also demonstrate a high standard of environmental protections practices in carrying out exploration activities.

4.6

We also submit that safety practices of a bidder should be assessed during the competitive block offer process, to ensure that the operators in Aotearoa/New Zealand have high safety standards when carrying out exploration activities.

4.7

Community & Iwi Awareness A component of the bid evaluation criteria is Community and Iwi Awareness, and while we note the current description as being “capability in engaging with local communities including iwi (Maori tribes)”, we submit that it should be described as “capability in and commitment to engaging with local communities including iwi (Maori tribes)”.

4.8

It is our submission that reference to the community and iwi awareness section should be referred to in the document at page 4 of the document along with the descriptions of the other evaluation criteria sections, as well as forming a part of Schedule 3.

4.9

It is our expectation that there will be engagement with iwi prior to an exploration permit being issued, and therefore submit that bidders be required to demonstrate engagement with iwi in respect of the blocks they are bidding for.

5.

PROPOSED 12TAR1 AND 12TAR2 BLOCKS

5.1

The proposed blocks referred to as 12TAR1 and 12TAR2 is located in the Taranaki Iwi rohe and on land: (a)

which was at the heart of the Taranaki land wars - the first Taranaki war (1860-1861) and the Second Taranaki war (1863-1866) – and where these first two Taranaki land wars were fought;

(b)

where the military campaign focused on destroying villages, crops and other resources was implemented (This has been described by some as the scorched earth policy);

(c)

where the battle of Waireka took place;

(d)

where significant Taranaki Iwi pa (including Waireka Pa) and kainga were located and eventually destroyed;

(e)

where significant loss of Taranaki Iwi and other lives occurred;


(f)

where much Taranaki Iwi blood was shed and where a number of our people lie, as a result of these wars;

(g)

which was subject to raupatu and confiscated from Taranaki Iwi under the New Zealand Settlements Act 1863;

(h)

where the military strategised and prepared for the third Taranaki land war (18681869) and the Parihaka campaign (1881);

(i)

where numerous archaeological sites are recorded; and

(j)

where Taranaki mounga (Mt Taranaki) is located.

5.2

The Blocks referred to as 12TAR2 is located (either partly or in whole) within the Taranaki Iwi rohe. These blocks are also adjacent to our tupuna mounga Taranaki, which is of huge cultural, historical and environmental significance.

5.3

While we understand that in accordance with section 4 of the Conservation Act 1987, National Parks have been excluded from the block offer process, the extent of the National Park does not include the full extent of Taranaki Mounga and as such, a block which includes and part of Taranaki Mounga from whom we take our identity, should be excluded from the Block offer process.

5.4

Taranaki Iwi suffered some of the most serious breaches of the Treaty of Waitangi, at the hands of the Crown and in the area of the proposed onshore blocks within the Taranaki Iwi rohe. These breaches resulted in significant loss of life within the area of the proposed onshore blocks.

5.5

It is submitted that the number of historically and culturally significant sites are too numerous to seek exclusion of each one from the proposed block and as such, the entire 12TAR1 and 12TAR2 blocks should be excluded from the 2012 Block Offer.

6.

PROPOSED 12TAR8 BLOCK

6.1

The proposed 12TAR8 block abuts part of the Taranaki Iwi coastline, which is shared with our neighbouring iwi. Along this coastline are areas used for by Taranaki Iwi and others for customary and recreational fishing and where traditional kaimoana (seafood) reefs are located.

6.2

It is our submission that acknowledgement of the significance of these sites should involve the exclusion of traditional reefs and customary fishing sites from the parameters of the proposed 12TAR8 block. The Trust would be happy to work through this detail with NZPM and our local hapu fisheries kaitiaki.

7.

PROPOSED 12TAR9, 12TAR10, 12TAR11, 12TAR12, 12TAR13 AND 12TAR14 BLOCKS

7.1

The proposed blocks above are located (some in part) within the Taranaki Iwi rohe moana. Taranaki Iwi is concerned that vast areas within the Taranaki Basin have previously been subject


to block offers and are currently subject to various exploration and mining permits, without any information on the cumulative effects of all this activity being completed or available. 7.2

It is submitted that an assessment of the cumulative effects of exploration and production activities in the Taranaki Basin should occur prior to the 12TAR9, 12TAR10, 12TAR11, 12TAR12, 12TAR13 and 12TAR14 offshore blocks being offered up for competitive tendering.

8.

CONCLUSION

8.1

We submit that our role and responsibility as kaitiaki of Taranaki Iwi whenua, moana and taonga must be acknowledged within the new competitive block offer process.

8.2

Taranaki Iwi would welcome the opportunity to present this submission orally (if required), answer any questions or provide further information where necessary.

Noho ora mai Taranaki Iwi Trust

CONTACT PERSON REGARDING THIS SUBMISSION

Liana Poutu General Manager Taranaki Iwi Trust PO Box 929 Taranaki Mail Centre NEW PLYMOUTH 4340 Email: liana@taranakiiwi.org.nz Phone: (06) 751 4285


Submission - to NZPM - 2012 Block Offer