Penny Nelson as Director General of DoC and Hon Poto Williams,

I again write on a matter of urgency regarding the ongoing proposals to deploy poison upon our lands.

Habitat Tuateawa Inc. has on 8-August-2022 notified of its intention to poison our forest again this year in what is an annual spreading of pre-feed then a distribution of a vast array of chemical toxins by the kg. This forest valley runs directly into our properties through the many streams and despite our concerns and objections, the group continues to cover the hillside in poison every single year.

Please respond to the following questions in relation to who is responsible for administering consent for these annual operations.

1. Please provide evidence and proof that the principal officers of Habitat Tuateawa Incorporated have obtained consent from the land owners within their 'HTPCA' as defined on their site maps, https://tuateawa.com/2022/08/ to administer poison and please provide names of the individuals that have ultimately made the application to poison and signed any consent agreements or similar with the Department of Conservation or any of its third party affiliates or contractors for the proposed plan to poison Tuateawa September 2022, ensuring that all relevant disclosures have made by all members involved with the poisoning and supply of including the Habitat Tuateawa group members who are deemed agents as defined by section 16 of the Secret Commissions Act by taking public funding and grants from the government.

2. Please provide contract, agreement or similar showing the parties involved with the consent application and any approvals given to poison Tuateawa in 2022 along with evidence showing that all individuals named on the consent have the authority to administer natural land of substance and deploy Cholecalciferol and Diphacinone upon land where We the Living Men and Women are present in our natural state and stand in lawful protection of that land as a claim of right including but not limited to exercising our inalienable rights & moral obligation to protect Our living land providing resource and sustenance for We the living men and woman on behalf of our families from poison and toxic trespass.

3. Should the minister impose an immediate halt to this poisoning of forest land that has direct run-off into private property given this notice confirms that I consider the actions by Department of Conservation and it's third party affiliates to be a criminal nuisance under section 200 of the Crimes Act 1961 and would the minister confirm that no government funded agency or third party contractor or incorporation can legally administer poison upon land without written informed consent of the surrounding land owners who stand present in protection against the poisoning of our land?

Notice of Cease and Desist;
All proposed poison activity by Habitat Tuateawa must immediately cease without proof of consent being obtained and proven by Department of Conservation, obtained with full disclosure to those who are adjacent and would be affected by the proposed toxic trespass and I reiterate that Habitat Tuateawa must-not lay poison on land using assumed consent.

I seek proof under question 1 as previous responses stating that the consultation has been left up to Habitat Tuateawa members and deemed adequate, is not a sufficient answer by the department and similar response would prompt complaint to the ombudsman as provided within this Act. I confirm there has been no consultation nor answers to any of the questions put to the group one year ago when the entire area was poisoned with Double Tap despite our objections.

I seek urgent response to this request in light of the other planned aerial 1080 poison drop of the Moehau in Coromandel DoC has scheduled for this week while so many outstanding questions remain.

Regards,

Ryan

Penny Nelson as Director General or Minister for the Department of conservation Poto Williams,
Please confirm receipt of this request as required under the OIA & I reiterate that We Do-Not consent to any continuance of the Habitat Tuateawa proposed 2022 poison operation whilst we await response within the statutory provided under this Act.

Regards,

Ryan

Hon Poto Williams,

Further to this request - I confirm the Habitat Tuateawa chair person Sue Saunders is aware of objections to their proposed operation having received notices to cease and desist in 2021 and being issued trespass notices to stop accessing private property without consent along with a series of questions which reman unanswered.

Habitat Tuateawa incorporation refuses to engage, consult or discuss any options.

Sue Saunders as chair has now made a further statement that their plans to poison 3-September-2022 will go ahead irrespective of any objections.

Accordingly - I confirm on behalf of We who have not consented to the toxic trespass across Whanake, that I have served notice to Habitat Tuateawa incorporation officers Suzanne Saunders, Nicky Baumgaertner and Dale Whitcombe in that they and their third party affiliates, contractors and or volunteers must immediately Cease and Desist the poison operation while we await evidence that lawful consultation has taken place and that the documentation used to obtain the funding and consent are not simply being engineered behind closed doors by Habitat Tuateawa members and associates with the express purpose of securing funding whilst refusing to address and ignoring the very presence of our opposition and the organic trappers spending Our time to trap rats possums and stoats at Our expense with zero acknowledgment by those who are claiming credit and seek annual funding to continue poisoning Our forest.

Questions have already been put to Habitat Tuateawa Chair - Sue Saunders regarding the reports commissioned for her group by her husband Alan Saunders who's employer, Waikato Regional Council, happen to be the main funding body granting thousands in public money annually to his wife's pet project Habitat Tuateawa - a very convenient arrangement for them both I am sure.
Are they not acting as agents by association in utilising public funding as described in section 16 of the Secret Commissions Act 1910 and have the appropriate disclosures been made?

I await this information as part of the request herein.

I confirm that the Tuateawa.com website is censored in that no dissenting comments are published by the moderators which give the appearance of no objection.

I confirm the group communicates by private Facebook groups and private meetings only and that non paying members are not able to attend AGM's.

I confirm that we do not receive any communications or information from Habitat Tuateawa incorporated as promised in their strategic plans used to gain funding and I also confirm no consultation is made with non-members except an email once each year to tell us they will be poisoning & thank us for our cooperation - this is not consultation and Habitat Tuateawa do not welcome, represent or speak for Us and We-Do-Not-Consent.

23 years of consistent poisoning running off through the forest streams straight into our properties and gardens, killing everything that ingests including via secondary poisoning during decomposition and the strategic plans they operate from, which map and include our private properties without our consent, insist poison is the only way because they lack volunteer support to trap - the reality is they lack support because they won't stop the poison and we who have been trapping for years do so with no funding or voice in the community because Habitat Tuateawa acts as the mouth piece claiming all the benefits are due to their toxic deployments so they must keep up with the poisoning.

We have a pig problem and the hunters stay away because of the poison which kills their dogs. We have already had injury and excessive vet bills caused by this groups use of poison - those who deploy must be prepared to be held liable for damages.

I again request the Minister issue an immediate Abatement Notice to Habitat Tuateawa - No More Poison and halt consent being used for this toxic trespass of public land using public money when We are directly affected - poison is incompatible with life and We will not tolerate or accept funding of it anymore.

Ryan

Penny Nelson & Hon Poto Williams,

I note your absolute lack of recognition or response to the ongoing voices of opposition & concern in any capacity with regard to the ongoing poisoning of mana whenua as we the natural men & women remain standing with peaceful presence upon the land.

Notwithstanding the obligations and stipulations upon you both under this Act I continue to reserve my right to lay complaint with the office of the ombudsman given your lack of response while stating the information is still very much requested and required and that failure to supply evidence of lawful right proving an incorporation can administer natural land of substance without consent of affected men and women in their natural state as well as failure to disclosure the pertinent and requested information may be considered as tacit acceptance of admission the issues presented remain un-rebutted.

Ryan

Penny Nelson as Chief Executive and Director General of Department of Conservation and as reference to Hon Poto Williams as part of this ongoing request, I now require additional documentation be provided under the Act in relation to the bundle of documents released with further requests herein as they pertain to the original request OIAD-2260:

As received: Permission ID - DOC-7110274 HABITAT TUATEAWA POSSUM AND RAT CONTROL OPERATION - SUBSTANCE APPROVAL NUMBERS: HSR0011598-HSR001596 in regard to application DOC-7108959 provided and signed by Nick Kelly Operations Manager Whitianga;

I request the following information:

1 - A copy of Habitat Tuateawa Inc. application DOC-7108959 and assessment report DOC7110276

2 - Please provide a complete list of each and every known indigenous species which are referred to as acceptable to be killed as part of the HABITAT TUATEAWA INC. September-22 operation - please name simply the species that may be killed and what number or % of known population deaths of each species are authorised to be killed for the greater protection of indigenous species, furthermore, please also simply state the named species which are said to benefit and the evidential documentation held proving the positive effects of poison upon the species, as per statement received in permission id DOC-7110274; “Notwithstanding that the permission holder must comply with these requirements, it is acknowledged that indigenous animals may be killed so this permission authorises such deaths for the greater protection of indigenous species. Nick Kelly - DEPARTMENT OF CONSERVATION Whitianga Operations Manager”.

3 - Please supply evidence of any and all auditing of immediate, secondary and unintentional and intentional poisoning data collected thru compulsory carcass monitoring by HABITAT TUATEAWA INC. for years 2015, 2016, 2017, 2018, 2019, 2020 and 2021 as is required since at least 2020 and as stipulated under the 2022 consent along with information as it becomes available for the current operation.
'Permission ID - DOC-7110274 DOC Performance Standards #137; Diphacinone Caution Period - The estimated caution period for this operation is 5 months after bait removal and is subject to compulsory carcass monitoring. The estimated caution period cannot be reduced to less than 2 months and must be extended if the endpoints of the monitoring have not been met at the end of the period.'

4 - Please supply evidence required to be held by Habitat Tuateawa Inc as a condition of their consent, that pigs were not present in the poison area and that stations used to house Diphacinone baits in the forest park have been placed where possums and pigs have been excluded and that bait stations have not in fact been placed in trees with easy access for depositing and removing poison and that pigs may also be able to access and destroy the stations and also supply evidence that the baits are not able to be removed and spread from the bait stations by ship rats, such baits being specifically designed with a central hole so they can be affixed to a solid object to avoid removal and storing the baits by rats, such baits have further been specifically coated with a preservative so they do not break down as readily when out of the stations, as required, within the Permission Document for pesticide use #137 Diphacinone D-Block Extreme;
Performance Standard Compulsory for all operations
(1) Only use at sites where either possums are at very low abundance or being controlled simultaneously; or excluded from bait stations.
(6) Do not use where pigs are present/reduce pig numbers prior to operation; or
(7) Place bait out of reach of pigs to prevent primary poisoning and reduce possum numbers or exclude possums from bait stations) to help reduce the risk of secondary poisoning of pigs.
(8) Bait station design must prevent access to baits by inquisitive birds ( e.g. kea, weka and kaka).

5 - Please supply the total number of land tenures within the 178ha (approx) for which the organisation holds written consent and permission to poison as per the 2020 and 2021 operations which included land other than PCL and how many of the total tenures are incorporation members and or paid participants of Habitat Tuateawa INC. and what remaining portion of the 178ha. (approx) does the incorporation hold independent consent from to enable lawfully access and poison to be laid upon private land as per Schedule 1 of the Community Agreement page 4 SCOPE OF THE AGREEMENT where stated: 'It is important to note this management agreement only authorises the work undertaken on PCL and does not give the organisation authorisation to operation on other land tenures. This should be obtained independently. The information of these other tenures is included in this agreement only for the purposes of understanding the entire operation that the organisation undertakes.'

6 - Please supply referenced documents in section E of Schedule 1 as they relate to private and public land activities;
6.1 WTZC-GRP-CAT Habitat Tuateawa Pest Control - DOC-606067
6.2 WTZC-GRPHS Habitat Tuateawa Safety Manual v2 DOC3245297

7 - Please supply all documentation and evidence of consultation and consent given by local Whanau and Hapu required to be undertaken to ascertain acceptance and consent for the 2020, 2021 and 2022 operations to use toxic baits within the Tuateawa area.

8 - Please provide all such reporting documentation held as requirement of the community agreement Schedule 1 Section J: 'J.3(a); In each year during the term of the Agreement, the Organisation will keep a record of the number of volunteers and workday equivalents (8 hours including travel) involved in undertaking the Activity and will share the data collected with the DOC.
J.3(b) The Organisation will also provide the following information requested by DoC:
- GPS locations of traps
- Trap Catch Data
- Data collected regarding pest plant infestation or eradication
- Operation Plans for baiting programme
- Contributions by volunteers (workday equivalents)
- Group Strategic Plan'

9 - Please supply a full and detailed account of any and all instances of poisoning or harm to people their property and or their livestock and or pets since incorporation date as outlined in Schedule 2, 6.9, to include but not limited to the poisoning of ‘Jed’, as well as record of any and all notices of objections, of complaint, of No trespass notices issued and or cease and desist notices given to any incorporation members in the scope of their work and affiliation with Habitat Tuateawa Inc. and include such actions as taken to record and remedy any and all such issues.

I affirm that Diphacinone has been recorded as present in stations in areas where wild pigs are present upon PCL
I affirm that I have witnessed Diphacinone out of the stations upon the tracks were wild pigs are present within PCL.
I affirm that Habitat Tuateawa were both aware and have been informed of the presence of wild pigs.
I affirm that Habitat Tuateawa Chair Person Sue Saunders has verbally confirmed to me that they were well aware of the presence of pigs but that the Chairperson was not of the impression that they were not able to use Dipacinone where pigs were present - I confirm the presence of this stipulation within the compulsory conditions as part of the consent and I affirm this to be a breach and point out Schedule 2 of the Community Agreement Clause 9.2 & 9.3 and remind the director general that under 5.2 - A breach by the group/organisation of any provision of this schedule is deemed to be a breach of this agreement.

I await the documents and responses within the additional statutory period provided for within this Act.

Ryan

Department of Conservation - Nick Kelly

A number of matters are outstanding within this request, please supply the following information under the Act, so that we may close this matter.

1. The funding application provided under the act, states support from Ruakatauri Huarere, please supply the documented evidence this support exists and is current and Habitat Tuateawa have consent and permission to claim support for the purposes of funding.

2. On 10th July 2023 in a meeting was arranged by Department of Conservation representative Nick Kelly and Sue Saunders acting for Habitat Tuateawa Incorporated and I was invited to attend, plans were announced of a progressive end to poison over the next years and a trapping only trial to take place - accordingly - please supply the proposal along with all information such as maps, traps to be donated to the community by DoC and all details relevant to the project including but not limited to the consent necessary and already obtained by adjacent affected land owners as well as the last 24 months trapping data from monitoring of the trap network with how many traps are being serviced already and the catch rates to show how this has been managed to date with the funding already supplied and to ascertain the feasibility of the proposal.

3. Within the July 10th meeting, a number of issues were raised concerning some of the claims and assertions made in the Habitat Tuateawa funding application supplied herein, which stated clearly that there was no objection from the community and that Habitat Tuateawa Inc had full support, however there has been, as evidenced here and with history going back to 2021 of cease and desist and trespass notices being issued to the incorporations along with many questions that remain unanswered and are hereby required under the Act to establish legitimacy of these claims:
A) Correct information in relation to public opposition concerns and objections, comments and notices received in relation to HT activities.
B) Correct information in relation to having mana whenua consent and provide evidence and proof that mana whenua have been consulted adequately.
C) Correct information in relation to the presence of wild pigs and that none were hunted or removed by Habitat Tuateawa and as agreed and evidenced by all parties present, the pigs were in fact in large numbers and not low, as incorrectly stated in the report.
D) Correct information in relation to the safety incident when a local dog was poisoned whilst on my private property following a Habitat Tuateawa bait dump and which toxicology reports showed was from Cholecalciferol as per the HT actions in the area adjacent and provide full evidence of all steps taken to remedy this situation.

4) During the July 10th meeting, Department of Conservation manager Nick Kelly suggested those against the poison should produce evidence that the pig population has been poisoned by diphacinone and accordingly I remind DoC of the stipulations within the consent application in which monitoring is a compulsory requirement of the parties contracted and it is not the responsibility of anyone else to prove how the rotting corpse of a dead pig may have perished - accordingly - please supply all the Habitat Tuateawa monitoring data following the 2021 and 2022 toxic baiting using diphacinone and cholecalciferol so that we may assess the adequacy of the monitoring in place.

5) During the 10th July meeting, a document Affirming the Truth, was supplied to Department of Conservation operations manager Nick Kelly, in relation to evidence held showing diphacinone D Block extreme both inside and outside the Habitat Tuateawa Inc bait stations as grazed by possums and on tracks amidst pig sign in the first weeks of September 2022 both before and during the 2022 Habitat Tuateawa baiting season when there is compulsory stipulation that Diphacinone may not be used where pig numbers were high and as evidenced that they were - please supply copy of this document affirming the truth under the official information act.

6) Following the meeting on 10th July, Habitat Tuateawa and subcontractors were present on Whanake with chainsaws cutting tracks and nailing new plastic to trees and in on 11th & 12th of July were present spray painting fluorescent pink crosses, stripes and spots over hundreds of native trees whilst slashing at the native saplings and walking past a decaying corpse of a small rat present for at least 3 months in a Habitat Tuateawa trap and then crashing through private property as thoroughfare just after 3pm on 11th July - Accordingly - please provide proof of consultation and consent with all land owners adjacent to this activity which is deemed a breach of the peace and offensive for an incorporation push their way in despite these objections, to paint poison and nail plastic to native trees whilst slashing their way through.

7) Additionally, please provide all 2023 information in relation to the consents current and their applications for Habitat Tuateawa in relation to their intention to again poison our forest park which is evidenced and affirmed as an offence to the peace under section 200 of the Crimes Act 1961.

Please note that the above and provided information constitutes a number of unacceptable breaches of agreement despite 2 years worth of correspondence and concerns and the parties are reminded that under Schedule 2, section 5 of the agreement that a breach of the provisions is deemed a breach of agreement - while the wider public may appreciate the efforts in other directions - we do not consent to poison ever and will not accept the use of residuals by incorporations being funded by government.

Looking forward to receiving all documents in full.

Ryan

Dear Department of Conservation,

I note that Habitat Tuateawa made an application that was consented by Department of Conservation, to carry out a toxin application in September 2023 and I also noted that contrary to prior consent notices for the use of poison, the stipulation that wild pigs be controlled prior to use and that the toxin may not be used where pigs are present, has been removed.

Please release the information and supporting documentation relied upon to update and remove this as consent stipulation given widely accepted recognition of the presence of wild pigs.

Please also provide an information update as to the success and monitoring of the 2023 consented operation and if the operation did not go ahead for any reason, please provide information showing why not.

Please provide information in relation to any current proposals for deployment of toxins by Habitat Tuateawa in 2024 and any updated strategic plan that has been submitted or planning documents involving Tuateawa area - please supply in full.

Please supply all monitoring for the most recent trapping only trial in Tuateawa by Habitat Tuateawa commencing July 2023.

Please provide information showing how many current volunteers are conducting trapping for habitat tuateawa on a regular basis and how many sub-contractors or paid employees, casual or otherwise are deployed to maintain traps.

I note that all this information would ideally be available online and should not be hidden from public thereby needing to be requested in this manner.

I look forward to receiving the information in a timely manner.

Ryan