Te Mato Vai Project Grievance

Te Mato Vai Project Grievance.
Authored by: Andy Kirkwood, Justine Flanagan for Te Vai Ora Maori.
[www.islandbooth.com/comm/210323-mfem-tmv-grievance.html].
Contact: [firstName] @ islandbooth.com.

Masthead Kata, 8 Dec 2020, Cook Islands News. A request under the Official Information Act led to the release of a report on Rarotonga’s stream ecology. The ecology report was released in Dec 2020, two months after dosing with polyaluminum chloride had commenced. The method of operation includes the disposal of water treatment residuals to natural waterways.

Published 23 Mar 2021. Updated 4 Feb 2022.

This grievance has been prepared by community lobby group Te Vai Ora Maori (TVOM), and concerns the Te Mato Vai Project to upgrade Rarotonga’s public water supply treatment system and distribution network (2014–).

Executive Summary

The proposed method of operation is unlawful. Under the Public Health Act 2004, water treatment residuals are hazardous waste and discharge to waterways is prohibited.
Regulations have been circumvented. Development activity permits have not been obtained for commissioning processes, the PACl-trial, or ongoing operation. Protections afforded to the public by the Environment Act 2003 have not been enforced.
Selective interpretation of the Environment Impact Assessment (EIA) process has been used to justify unlawful operation. Impact assessment requires risks to be identified in order to formalise mitigation strategies before development activity can proceed. Instead the Cook Islands Government have argued for operation as a method of determining impact.
Landowner participation has been used as a proxy for public consensus. The informal construct of ‘landowner consent’ has been used in place of the formal development permit(s). Intake landowner access negotiations have been used to avoid public consultation. Officials have sought to transfer public service obligations to the judiciary.
Public participation in the project development process has been frustrated. Consultation processes have not been genuine. Infrastructure has been constructed without sufficient consideration for the cultural and environmental impacts of operation, and presuming public consent for the method. Formal mechanisms for initiating dialogue including a public petition, and an investigation by the Ombudsman have been subject to political interference.
Objections have been clearly articulated, using the appropriate mechanisms, and in a timely manner. As information has been disclosed, Te Vai Ora Maori has endeavoured to initiate dialogue with officials. These efforts have been refuted and concerns discredited.
Project Managers GHD have used selective referencing to influence the outcome of regulatory application processes; and to mislead public perception of the impacts of operation.
Compromised governance has led to a lack of transparency and accountability. In pursuit of an improved water supply system, steering group members have paid insufficient regard to development policy. Checks-and-balances have been by-passed to expedite infrastructure construction.

Te Vai Ora Maori does not challenge the goal of improving Rarotonga’s public water supply system.

However, infrastructure projects must also observe the law of the country, and development activities are bound by regulatory process. This ensures that the chosen solution is culturally-appropriate and environmentally responsible.

Te Mato Vai Project Grievance

Classification/subjects: Te Mato Vai Project, development project governance, grievance resolution, water resource management, Rarotonga, Cook Islands, South Pacific, environmental impact assessment, EIA, Environmental Social Safeguards Framework.

References and Further Reading

Online References

References ordered by publication date.

Management of Water Treatment Plant Residuals in New Zealand: Handbook. Sept 1998.
Chlorine in freshwater and marine water. Water Quality Australia 2000
Australia and New Zealand Environment Conservation Council (ANZECC) chlorine ecotoxicity guideline/trigger values.
Priority Substances List Assessment Report for Inorganic Chloramines. Health Canada 2001.
Environment Act 2003. PacLII.
Public Health Act 2004. PacLII.
Material including sludge or other by products from water treatment plants is ‘Hazardous waste’.
Section 54(2)(d) “prohibits hazardous waste to be directly or indirectly deposited or discharged, or to seep, into a waterway”.
Environment (Takuvaine Water Catchment Management Plan) Regulations 2006.
Fish community surveys and biomonitoring in selected Rotorua Streams. M Landman et al, Scion. 2008.
Pacific Organic Standard. Secretariat of the Pacific Community, 2008.
Preparing The Infrastructure Development Project Volume 3: Water Supply and Sanitation Sector (Cook Islands). Fraser Thomas, Asian Development Bank, April 2009.
Te Mato Vai Water Supply Master Plan for Rarotonga. AECOM, Apr 2014.
Draft Terms of Reference (ToR) for an Environment Impact Assessment (EIA) Report: Te Mato Vai Project — Te Mato Vai Detail Design Stage 2. National Environment Service, 2014.
Utuhina Stream Monitoring 2014: Effects Of Continuous Alum Dosing on Fish and Aquatic Invertebrates. N Ling. University of Waikato, 2015.
Ecotoxicological Review of Alum Applications to the Rotorua Lakes. Tempero, G. W., University of Waikato, 2015.
Te Mato Vai Stage 2 Permit (2015) / Extension (2019). National Environment Service.
Te Mato Vai Environmental Impact Assessment Report / Detailed Design for Stage 2. August 2015. GHD.
Te Mato Vai Project Raw Water Quality Review Rarotonga (August 2014). Watercare New Zealand.
Environmental Social Safeguards Policy. Ministry of Finance and Economic Management, 2016.
Te Mato Vai Project Special Select Committee Report / tinyurl. Parliament of the Cook Islands, Nov 2016.
Cook Islands National Water Policy 2016.
Code of Practice for Disinfection of Water Systems. Watercare New Zealand, 2017.
New Zealand’s International Development Principles. New Zealand Ministry of Foreign Affairs and Trade.
Terms Of Reference: For Supply Of Water Treatment Chemicals. To Tatou Vai Ltd, May 2019.
Guidelines for Drinking-water Quality Management for New Zealand (Updated June 2019). New Zealand Ministry of Health, 2019.
(PDF) Chapter 13: Treatment processes, coagulation
Dechlorination of Drinking Water Discharged to Waterways. The Water Services Association of Australia, 2019.
NB: Free registration is required to download the document.
Public petition: Anti-chemical Treatment of the Water Supply of Rarotonga. Te Vai Ora Maori, July 2019.
To Tatou Vai: Code of Practice for Design and Construction of Water Supply Infrastructure. Aug 2019. To Tatou Vai Ltd.
Terms of Reference for PACL use EIA. GHD Memorandum, Oct 2019.
[Te Mato Vai Project] Information Pack: Stage 2 Commissioning. Scott Cairney, GHD, Nov 2019.
Non-compliance With Notification and Consultation Procedures: SO319(2)(b) Knight, D. R., & Clark, E., Victoria University Faculty of Law, 2020.
Te Mato Vai - Stage 2 - Expert Independent Report. Watson, A., Ministry of Justice, Mar 2020.
PoetCom Guideline: Chemically treated potable water in crop production. Secretariat of the Pacific Community, June 2020.
Te Mato Vai Aquatic Ecology Baseline Report. Pratt L., GHD Sept 2020.
Te Vai Ora Maori: Submission to the To Tatou Vai Authority Bill 2020. Te Vai Ora Maori, Sept 2020.

Offline references, including email correspondence, media releases, and white papers available on application. Email: author firstname @ islandbooth.com to request access.