Documents obtained by LETTERBOX under the Official Information Act detail the events leading up to the landing, the action taken by Department of Conservation (DOC) staff to reduce biosecurity risks, and the reason why the occupiers were not prosecuted, despite one report stating there were “many offences committed by persons affiliated with Ngatiwai.”
Various emails were exchanged between DOC staff and Ngatiwai
before the landing. A landing permit was granted, but it did not authorise the
raising of the flagpole or the erection of a pou (a structure).
A “Pest invasion incident” report dated 4 November says, “The
landing was known about prior to it happening by the Department. Ngatiwai
informed DOC. The vessel was checked in Whangarei the day before the landing
and prior to the vessel travelling to Tutukaka, insect glue traps were placed
on the vessel, but no equipment/clothing passed through biosecurity
protocols…Quarantine facilities were offered but the offer was not taken up.”
Seven days after the landing, a DOC ranger travelled to the
island with a rodent dog and laid a network of tracking cards to establish
whether a biosecurity breach had occurred. No breaches were detected, but the
ranger’s report said the monitoring “unfortunately doesn’t do anything to
identify the potential risk/presence of plague skinks or pest plant species.”
A report by a Marine Ranger dated 10 November, stated:
“A few trees (mostly kanuka) have been cut around the trig at
the top of the island, and a trampled track through the astelia was clearly
visible approaching the trig, with other woody plants snipped back in places
(photos taken and provided). Also a pohutukawa has been chopped out and tussock
pulled up and piled up just above the landing at Nursery Cove, and concrete put
in.”
It concluded, “I’ll shut this one down as there is no line
of enquiry to investigate and if there was it would be pretty controversial to
pursue enforcement.”
Photos showed the Pou had been removed, although the concrete
foundation was still evident. The report did not say who removed the pou, and there
is no mention that DOC staff did so.
Following the landing, Ngatiwai posted a statement on their
Facebook page inviting tribal members “to raise our flags – on beaches, on
headlands, on islands, and across every stretch of our rohe this summer. Let it
be known that our presence is unbroken, our authority is intact, and our
resolve is unshakable.”
Clearly, their intention was to initiate a summer of protest,
including unauthorised landings on the Poor Knights. In response, DOC staff
prepared an action plan to mitigate the biosecurity risk should others land on
the Islands.
It seems some within DOC were not happy that enforcement
action was not taken. In a letter to staff dated 3 November, Matiu Mataira (who
holds a senior leadership role in DOC) explained why it will not be pursuing
enforcement action for what he described as an “unauthorised landing”.
“This decision is grounded in our obligations under Section 4
of the Conservation Act 1987, which requires us to interpret and administer the
Act in a way that gives effect to the principles of the Treaty of Waitangi…Enforcement
in this context could: Undermine Treaty principles of partnership, active
protection, and redress. Damage the relationship between DOC and Ngatiwai,
which is vital for ongoing conservation efforts. Compromise DOC’s credibility
and integrity as a Treaty partner…This decision does not diminish the
importance of our protocols—it reflects a broader responsibility to uphold both
ecological and Treaty values.”
It seems Treaty “values” are as important to DOC’s senior
staff as ecological values.