Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 12.5

STATUTORY ACKNOWLEDGEMENT FOR TUTOKO

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the mountain known as Tutoko, as shown on Allocation Plan MS 3 (SO Plan 12231).

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 Tutoko as
set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
The Fiordland area - within which Tutoko stands - represents, in tradition,
the raised up sides of Te Waka o Aoraki, after it foundered on a submerged reef
and its occupants, Aoraki and his brothers, were turned to stone. These people
are now manifested in the highest peaks in Ka Tiritiri o Te Moana (the Southern
Alps). The fiords at the southern end of the Alps were carved out of the raised
side of the wrecked Waka o Aoraki by Tu Te Rakiwhanoa, in an effort to make the
waka (canoe) habitable by humans. The deep gorges and long waterways that are
the fiords were provided as safe havens on this rugged coast, and stocked with
fish, forest and birds to sustain humans.
3.2
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 that have shaped the environment of Te Wai Pounamu and
Ngai Tahu as an iwi.
3.3
Tutoko is not, in fact, the original name of the maunga (mountain), but was
applied by Dr J. Hector in 1863 after he met the old rangatira (chief) Tutoko
and his two daughters, Sara and May. The hills to the north of the Kotuku River
are named the Sara Hills, and those to the south May Hills, after these
daughters. The use of this name is seen as appropriate to Ngai Tahu, as Tutoko
was an important rangatira of this region at that time, and is represented by
the mountain.
3.4
Tutoko is the kaitiaki (guardian) of Whakatipuwaitai, the westernmost
creation of Rakaihautu and the southernmost kainga (settlement) of Te Tai
Poutini (West Coast) pounamu trails, which provides access to koko-tangiwai (a
type of pounamu) at Piopiotahi (Milford Sound) and Poison Bay further to the
south. The kainga was also an important staging post for travel into the Lake
Wakatipu area via the Hollyford Valley. All of these trails, whether by land or
by sea, lie under the shadow of Mt Tutoko.
3.5
The tupuna had considerable knowledge of whakapapa, traditional trails and
tauranga waka, 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.
3.6
Mountains such as Tutoko are linked in whakapapa to the Gods, and being the
closest earthly elements to Raki the sky father, they are likened to the
children of Raki and Papa, reaching skyward. The mauri of Tutoko 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 Tutoko, 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 Tutoko 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 Tutoko
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
Tutoko 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 Tutoko.
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, Tutoko.

ATTACHMENT 12.6

STATUTORY ACKNOWLEDGEMENT FOR PIKIRAKATAHI (MOUNT
EARNSLAW)

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the area known as Pikirakatahi (Mount Earnslaw), as shown on Allocation Plan
MS 4 (SO Plan 24666).

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
Pikirakatahi as set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
The creation of Pikirakatahi (Mt Earnslaw) relates in time to Te Waka o
Aoraki, and the efforts of Tu Te Rakiwhanoa. It is said that during its
formation a wedge of pounamu was inserted into this mountain, which is the
highest and most prominent peak in this block of mountains. The mountain is also
linked to the travels of Rakaihautu, who dug out the great lakes of the interior
with his ko (a tool similar to a spade), known as Tu Whakaroria (and renamed
Tuhiraki at the conclusion of the expedition).
3.2
The origins of the name 'Pikirakatahi' have been lost, but it is known that
many places and physical features have more than one name, reflecting the
traditions of the successive iwi who peopled the land. It is, however, likely
that the name relates to Rakaihautu or subsequent people, as most of the
prominent lakes, rivers and mountains of the interior take their name from the
journey of Rakaihautu.
3.3
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.
3.4
Pikirakatahi was of crucial significance to the many generations that
journeyed to that end of Whakatipu-wai-maori (Lake Wakatipu) and beyond. Staging
camps for the retrieval of pounamu were located at the base of the mountain,
while semi-permanent settlements related to the pounamu trade were located
closer to the lake.
3.5
Pikirakatahi stands as kaitiaki (guardian) over the pounamu resource and
represented the end of a trail, with the tohu (marker) to the pounamu resource
sitting opposite on Koroka (Cosmos Peak). The tupuna (ancestors) had
considerable knowledge of whakapapa, traditional trails, places for gathering
kai (food) 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.
3.6
The retrieval of large amounts of pounamu from this source, so far inland
and over a range of physical barriers, attests to the importance of this
resource to the economy and customs of the iwi over many generations. The people
would also gather native birds for kai, and firewood with which to cook and
provide warmth, from the forests covering the lower flanks of Pikirakatahi.
Strategic marriages between hapu strengthened the kupenga (net) of whakapapa and
thus rights to use the resources of the mountain. It is because of these
patterns of activity that Pikirakatahi continues to be important to runanga
located in Otago, Murihiku and beyond. These runanga carry the responsibilities
of kaitiaki in relation to the area, and are represented by the tribal
structure, Te Runanga o Ngai Tahu.
3.7
The mauri of Pikirakatahi 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 Pikirakatahi.
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 Pikirakatahi, 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 Pikirakatahi 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
Pikirakatahi 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
Pikirakatahi 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 Pikirakatahi.
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, Pikirakatahi.