Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 12.1

STATUTORY ACKNOWLEDGEMENT FOR HANANUI (MOUNT ANGLEM)

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the area known as Hananui (Mt Anglem), as shown on Allocation Plan MS 264 (SO
Plan 12249).

2
Preamble

Pursuant to section [ ] of the Settlement Legislation (clause 12.2.2 of the
Deed of Settlement), the Crown acknowledges Te Runanga's statement of Ngai
Tahu's cultural, spiritual, historic and/or traditional association to Hananui
as set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
As with all principal maunga (mountains), Hananui is imbued with the
spiritual elements of Raki and Papa, in tradition and practice regarded as an
important link to the primeval parents.
3.2
The name Hananui is derived from an event involving the tupuna (ancestor)
Rakitamau, a chief of Te Taumutu, and son of Tu Te Kawa. Rakitamau became a
widower through the unfortunate death of his wife. Rakitamau journeyed to
Motunui (as Rakiura was called then) seeking the hand of a tribally renowned
wahine (woman) to take her place, as in his view she would increase his standing
due to her mana, reflected in her connections to the land and important people
of Rakiura.
3.3
On his arrival at her village, Rakitamau asked for the woman by name, only
to be told by a laughing group of women she was tapui (betrothed or set apart).
At this, Rakitamau blushed deeply. When he then asked for her sister the people
laughed loudly, as they told him she was tapui also. This news made him blush
further so that his cheeks flamed. He left the island never to return and the
women were so amused that they named the highest point on the island Hananui,
referring to the great glow of Rakitamau, in memory of the event. Rakiura itself
takes its name from the glowing skies of this region, the aurora lights.
3.4
For Ngai Tahu, traditions such as this represent the links between the
cosmological world of the Gods and present generations, these histories
reinforce tribal identity and solidarity, and continuity between generations,
and document the events which shaped the environment of Te Wai Pounamu and Ngai
Tahu as an iwi.
3.5
Putatara was an old settlement under the lee of Hananui, a place to which an
Otago rangatira (chief), Tukiauau, retired to seek refuge.
3.6
The mauri of Hananui represents the essence that binds the physical and
spiritual elements of all things together, generating and upholding all life.
All elements of the natural environment possess a life force, and all forms of
life are related. Mauri is a critical element of the spiritual relationship of
Ngai Tahu Whanui with Hananui.
4
Effect of Statutory Acknowledgement
4.1
Pursuant to section [ ] of the Settlement Legislation (clause 12.2.10 of
the Deed of Settlement), and without limiting clause 5, the only purposes of
this Statutory Acknowledgement are:
(a)
to require that relevant consent authorities forward summaries of relevant
resource consent applications to Te Runanga as provided in section [ ] of the
Settlement Legislation (clause 12.2.3 of the Deed of Settlement);
(b)
to require that relevant consent authorities, the Historic Places Trust or
the Environment Court as the case may be, have regard to this Statutory
Acknowledgement in relation to Hananui, as provided in section [ ] of the
Settlement Legislation (clause 12.2.4 of the Deed of Settlement);
(c)
to empower the Minister responsible for management of Hananui to enter into
a Deed of Recognition as provided in section [ ] of the Settlement Legislation
(clause 12.2.6 of the Deed of Settlement); and
(d)
to enable Te Runanga and any member of Ngai Tahu Whanui to cite this
Statutory Acknowledgement as evidence of the association of Ngai Tahu to Hananui
as provided in section [ ] of the Settlement Legislation (clause 12.2.5 of
the Deed of Settlement).
5
Limitations on effect of Statutory Acknowledgement
5.1
Except as expressly provided in sections [ ], and [ ] of the
Settlement Legislation (clauses 12.2.4, 12.2.5 and 12.2.10 of the Deed of
Settlement):
(a)
this Statutory Acknowledgement will not affect, or be taken into account in,
the exercise of any power, duty or function by any person or entity under any
statute, regulation, or bylaw; and
(b)
without limiting clause 5.1(a), no person or entity, in considering any
matter or making any decision or recommendation under statute, regulation or
bylaw shall give any greater or lesser weight to Ngai Tahu's association to
Hananui than that person or entity would give under the relevant statute,
regulation or bylaw, as if this Statutory Acknowledgement did not exist in
respect of Hananui.
5.2
Unless expressly provided in the Settlement Legislation, this Statutory
Acknowledgement will not affect the lawful rights or interests of any third
party from time to time.
5.3
Unless expressly provided in the Settlement Legislation, this Statutory
Acknowledgement will not of itself have the effect of granting, creating or
providing evidence of any estate or interest in, or any rights of any kind
whatsoever relating to, Hananui.

ATTACHMENT 12.2

STATUTORY ACKNOWLEDGEMENT FOR UERAU (MT.
UWERAU)

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the area known as Uerau (Mount Uwerau), as shown on Allocation Plan MS 101 (SO
Plan 7318).

2
Preamble

Pursuant to section [ ] of the Settlement Legislation (clause 12.2.2 of the
Deed of Settlement), the Crown acknowledges Te Runanga's statement of Ngai
Tahu's cultural, spiritual, historic and/or traditional association to Uerau as
set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
The name 'Uwerau' should properly be spelt 'Uerau', which is the name of an
important Ngai Tahu tupuna (ancestor) with Ngati Mamoe descent lines. In
particular, those descent lines lead down to Tura, a principal tupuna for Ngati
Mamoe, Ngati Wairaki and Rapuwai - all of which are constituents of the iwi
known today as Ngai Tahu. For Ngai Tahu, such placing of tupuna names on
significant landscape features serves as a reminder of tribal identity and
solidarity, and continuity between generations, and documents events that have
shaped the environment of Te Wai Pounamu and Ngai Tahu as an iwi.
3.2
As with all principal maunga (mountains), Uerau is imbued with the spiritual
elements of Raki and Papa, in tradition and practice regarded as an important
link to the primeval parents. Like the rest of the mountains in this region,
Uerau is closely connected with the Arai Te Uru tradition, which tells that many
of the mountains of the Southern Alps and Kaikoura Ranges are the manifestations
of the survivors of the Arai Te Uru waka (canoe) which foundered at Moeraki, on
the north Otago coast.
3.3
This area was used by Ngai Tahu as a mahinga kai (food gathering place)
where birds, particularlytiti (muttonbirds) were harvested. The tupuna had
considerable knowledge of such places for gathering kai and other taonga, ways
in which to use the resources of the land, the relationship of people with the
land and their dependence on it and tikanga for the proper and sustainable
utilisation of resources. All of these values remain important to Ngai Tahu
today.
3.4
There are a number of urupa (burial places) in this area unique to the
descendants of Tura. Urupa are the resting places of Ngai Tahu tupuna and, as
such, are the focus for whanau traditions. These are places holding the
memories, traditions, victories and defeats of Ngai Tahu tupuna, and are
frequently protected by secret locations.
3.5
The Kati Kuri hapu of Ngai Tahu has manawhenua (tribal authority over land)
and carries the responsibilities of kaitiaki in relation to the area. The hapu
is represented by the tribal structure, Te Runanga o Ngai Tahu.
3.6
The mauri of Uerau represents the essence that binds the physical and
spiritual elements of all things together, generating and upholding all life.
All elements of the natural environment possess a life force, and all forms of
life are related. Mauri is a critical element of the spiritual relationship of
Ngai Tahu Whanui with the land.
4
Effect of Statutory Acknowledgement
4.1
Pursuant to section [ ] of the Settlement Legislation (clause 12.2.10 of
the Deed of Settlement), and without limiting clause 5, the only purposes of
this Statutory Acknowledgement are:
(a)
to require that relevant consent authorities forward summaries of relevant
resource consent applications to Te Runanga as provided in section [ ] of the
Settlement Legislation (clause 12.2.3 of the Deed of Settlement);
(b)
to require that relevant consent authorities, the Historic Places Trust or
the Environment Court as the case may be, have regard to this Statutory
Acknowledgement in relation to Uerau, as provided in section [ ] of the
Settlement Legislation (clause 12.2.4 of the Deed of Settlement);
(c)
to empower the Minister responsible for management of Uerau to enter into a
Deed of Recognition as provided in section [ ] of the Settlement Legislation
(clause 12.2.6 of the Deed of Settlement); and
(d)
to enable Te Runanga and any member of Ngai Tahu Whanui to cite this
Statutory Acknowledgement as evidence of the association of Ngai Tahu to Uerau
as provided in section [ ] of the Settlement Legislation (clause 12.2.5 of
the Deed of Settlement).
5
Limitations on effect of Statutory Acknowledgement
5.1
Except as expressly provided in sections [ ], and [ ] of the
Settlement Legislation (clauses 12.2.4, 12.2.5 and 12.2.10 of the Deed of
Settlement):
(a)
this Statutory Acknowledgement will not affect, or be taken into account in,
the exercise of any power, duty or function by any person or entity under any
statute, regulation, or bylaw; and
(b)
without limiting clause 5.1(a), no person or entity, in considering any
matter or making any decision or recommendation under statute, regulation or
bylaw shall give any greater or lesser weight to Ngai Tahu's association to
Uerau than that person or entity would give under the relevant statute,
regulation or bylaw, as if this Statutory Acknowledgement did not exist in
respect of Uerau.
5.2
Unless expressly provided in the Settlement Legislation, this Statutory
Acknowledgement will not affect the lawful rights or interests of any third
party from time to time.
5.3
Unless expressly provided in the Settlement Legislation, this Statutory
Acknowledgement will not of itself have the effect of granting, creating or
providing evidence of any estate or interest in, or any rights of any kind
whatsoever relating to, Uerau.