Heritage New Zealand charges dropped against Marlborough landowners Haysley and Phillip MacDonald

Wednesday, 13 July 2016

Marlborough landowners who risked displacing archaeological material close to the site of a historical massacre have settled with Heritage New Zealand following a lengthy and secretive dispute.

Heritage New Zealand withdrew charges against Haysley MacDonald and his father Phillip MacDonald on Tuesday after they agreed to a series of conditions, including commissioning a full archaeological survey of the site and donating $15,000 to the national historic heritage agency. 

Heritage charges against Haysley MacDonald and his father Phillip MacDonald were laid in the Blenheim District Court in February, but media have not been able to report on the case to date because of a blanket suppression order on names and charges that was lifted on Tuesday. 

The MacDonalds were accused of constructing a fenceline and clearing scrub without permission on a site close to a historical pa between July and September last year. 

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The site was Kowhai Pa on Wairau Bar Rd, where Ngati Toa chief Te Rauparaha is believed to have slaughtered members of Rangitane o Wairau. 

Haysley MacDonald, owner of Te Pa Wines, is one of seven Rangitane trustees. 

A joint statement from Haysley and Phillip MacDonald on Wednesday said the pair had pleaded not guilty to the charges. 

They argued the land was not part of Kowhai Pa, but was in private ownership after being bought in 2004.

The land was not listed as an archaeological site, nor was it owned by Rangitane or part of the iwi's treaty settlement, the statement said.

An agreement between the lawyers for Heritage New Zealand and the MacDonalds was filed with the Blenheim District Court on Tuesday. 

The agreement said that the work done by the MacDonalds was completed in a paddock which had been under European-style farming practices for about 100 years.

To the south of the paddock was the footprint of the defended area of Kowhai Pa.

In early September, the MacDonalds re-established a new fence to replace one that had reached the end of its life, the agreement said. 

They used a tractor to make a furrow to mark the new fenceline and used machinery to clear scrub in the area which was heaped and burnt.

The agreement said the whole of the Wairau Bar area and its hinterland was heavily occupied by Maori.

'The works that the MacDonalds did although on land that had been previously worked risked the displacement of archaeological material and risked damage to what may be sites of archaeological value.'

When the work was done by the MacDonalds, it was done on the basis that routine ongoing farming works were permissible, the agreement said. 

'The MacDonalds had intended to obtain the consent of Heritage New Zealand before undertaking more major works involving vineyard establishment.'

The MacDonalds accepted that in the general area of archaeological significance all work needed to proceed cautiously, the document said. 

As part of a settlement, the MacDonalds agreed to commission a full archaeological survey of the site and make a $15,000 donation to Heritage New Zealand that would be put towards Maori archaeology work at the Wairau Bar. 

The agreement said the MacDonalds and Heritage New Zealand had settled on a brief and defined the requirements of the planned site survey, which would be carried out by archaeologist Jeremy Habberfield-Short.

The MacDonalds agreed to pay for the work and provide a copy of the completed site survey report to Heritage New Zealand within three months of the agreement. 

The MacDonalds agreed that the site survey would be used to provide information for the future use of the land in the area.

The archaeological survey would be considered by the MacDonalds before any further expansion, planting or other work, the agreement said. 

In a statement following the settlement, Heritage New Zealand kaihautu [national Maori heritage manager] Te Kenehi Teira​ said the site survey would be invaluable. 

'It will clearly define archaeological sites of interest over the whole property, providing a firm base from which the owners, iwi and Heritage New Zealand can refer to in identifying, working and protecting the site.' 

Heritage New Zealand acting chief executive Julie Rowan said the approach taken by the organisation was to get the best outcome for heritage. 

'In this instance this has been achieved with the agreement for an archaeological site survey to be undertaken to provide information for the future use of the land in the area.

'Heritage New Zealand uses a range of options in relation to alleged site damage, from education to mediation and prosecution.'

Charges were originally laid under the Heritage New Zealand Pouhere Taonga Act 2014, which makes it unlawful for any person to destroy or modify an archaeological site without the prior authority of Heritage New Zealand.

An archaeological site was defined as a place associated with pre-1900 human activity which was capable of providing evidence relating to the history of New Zealand. 

Dr Peter Meihana, a lecturer in Maori history at Massey University and Rangitane member, said Kowhai Pa was attacked by Te Rauparaha's forces in the 1820s, and a number of members of Rangitane died there. 

Te Rauparaha travelled south to attack the pa because Rangitane chief Te Ruaoneone boasted that if Te Rauparaha ever came into the region he would pound his head with a patu aruhe, an instrument used to grind ferns.

'That utterance needed to be sorted out,' Meihana said. 

'But of course Te Rauparaha was looking to establish trade centres here as well, to maintain his economic dominance.' 

Ngati Rarua, Te Atiawa and Ngati Toa were part of the conquering group, Meihana said. 

Te Ruaoneone was captured and killed, and Ngati Toa and Ngati Rarua established themselves in Marlborough. 

Meihana said Te Rauparaha moved backwards and forwards between the Wairau and Porirua and Kapiti. 

Despite their defeat, Rangitane were still a force in the Wairau Valley.

'Within 13 years Rangitane had reasserted themselves to the extent that they signed the treaty,' Meihana said.