Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 12.3

STATUTORY ACKNOWLEDGEMENT FOR AORAKI (MOUNT COOK)

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the area known as Aoraki / Mount Cook located in Ka Tiritiri o te Moana (the
Southern Alps), as shown on Allocation Plan MS 1 (SO Plan 19831).

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 Aoraki as
set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
In the beginning there was no Te Wai Pounamu or Aotearoa. The waters of Kiwa
rolled over the place now occupied by the South Island, the North Island and
Stewart Island. No sign of land existed.
3.2
Before Raki (the Sky Father) wedded Papa-tua-nuku (the Earth Mother), each
of them already had children by other unions. After the marriage, some of the
Sky Children came down to greet their father's new wife and some even married
Earth Daughters.
3.3
Among the celestial visitors were four sons of Raki who were named Ao-raki
(Cloud in the Sky), Raki-roa (Long Raki), Raki-rua (Raki the Second), and
Raraki-roa (Long Unbroken Line). They came down in a canoe which was known as Te
Waka o Aoraki. They cruised around Papa-tua-nuku who lay as one body in a huge
continent known as Hawaiiki.
3.4
Then, keen to explore, the voyagers set out to sea, but no matter how far
they travelled, they could not find land. They decided to return to their
celestial home but the karakia (incantation) which should have lifted the waka
(canoe) back to the heavens failed and their craft ran aground on a hidden reef,
turning to stone and earth in the process.
3.5
The waka listed and settled with the west side much higher out of the water
than the east. Thus the whole waka formed the South Island, hence the name: Te
Waka o Aoraki. Aoraki and his brothers clambered on to the high side and were
turned to stone. They are still there today. Aoraki is the mountain known to
Pakeha as Mount Cook, and his brothers are the next highest peaks near him. The
form of the island as it now is owes much to the subsequent deeds of Tu Te
Rakiwhanoa, who took on the job of shaping the land to make it fit for human
habitation.
3.6
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.
3.7
The meltwaters that flow from Aoraki are sacred. On special occasions of
cultural moment, the blessings of Aoraki are sought through taking of small
amounts of its 'special' waters, back to other parts of the island for use in
ceremonial occasions.
3.8
The mauri of Aoraki 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 mountain.
3.9
The saying 'he kapua kei runga i Aoraki, whakarewa whakarewa' ('the cloud
that floats aloft Aoraki, for ever fly, stay aloft') refers to the cloud that
often surrounds Aoraki. Aoraki does not always 'come out' for visitors to see,
just as that a great chief is not always giving audience, or on 'show'. It is
for Aoraki to choose when to emerge from his cloak of mist, a power and
influence that is beyond mortals, symbolising the mana of Aoraki.
3.10
To Ngai Tahu, Aoraki represents the most sacred of ancestors, from whom Ngai
Tahu descend and who provides the iwi with its sense of communal identity,
solidarity, and purpose. It follows that the ancestor embodied in the mountain
remains the physical manifestation of Aoraki, the link between the supernatural
and the natural world. The tapu associated with Aoraki is a significant
dimension of the tribal value, and is the source of the power over life and
death which the mountain possesses.
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 Aoraki, 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 Aoraki 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 Aoraki
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
Aoraki 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 Aoraki.
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, Aoraki.

ATTACHMENT 12.4

STATUTORY ACKNOWLEDGEMENT FOR TITITEA (MOUNT
ASPIRING)

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the mountain known as Tititea (Mount Aspiring), located in the Mount Aspiring
National Park, as shown on Allocation Plan MS 2 (SO Plan 24665).

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 Tititea
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), Tititea is imbued with the
spiritual elements of Raki and Papa, in tradition and practice regarded as an
important link to the primeval parents. Tititea is a prominent and majestic
peak, clearly visible from a number of vantage points in the south, and its role
in Ngai Tahu's creation stories gives rise to its tapu status. From the heights
above Te Ana-au (Lake Te Anau), it is a particularly impressive sight when the
sun is setting.
3.2
The most common Ngai Tahu name for the mountain known to Pakeha as Mount
Aspiring is Tititea, referring to the mountain's white peak. It is not unusual,
however, for places and physical features to have more than one name, reflecting
the traditions of the successive iwi who peopled the land. Other names for the
mountain include 'Makahi Ta Rakiwhanoa' (referring to a wedge belonging to Tu Te
Rakiwhanoa) and Otapahu, which may refer to a type of dogskin cloak.
3.3
The Bonar Glacier is known as Hukairoroa Ta Parekiore (which refers to the
long, hard glacial ice and crevasses formed by Parekiore). Parekiore was a giant
who used to stalk up and down the South and North Islands takingtiti
(muttonbirds) northwards and returning with kumara. The lakes represent his
footprints and the frozen splashes from his footsteps in the south were
transformed into glaciers.
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
The area was part of a network of trails which were used in order to ensure
the safest journey and incorporated locations along the way that were identified
for activities including camping overnight and gathering kai. Knowledge of these
trails continues to be held by whanau and hapu and is regarded as taonga. The
traditional mobile lifestyle of the people led to their dependence on the
resources of the land.
3.6
The mauri of Tititea 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 area.
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 Tititea, 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 Tititea 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 Tititea
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
Tititea 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 Tititea.
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, Tititea.