Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 12.11

STATUTORY ACKNOWLEDGEMENT FOR TUTAE PUTAPUTA (CONWAY RIVER), KAIKOURA

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Tutae Putaputa (Conway River), the location of which is shown
on Allocation Plan MD 109 (SO Plan 7328).

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 Tutae
Putaputa as set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
This river, and the mahinga kai which it provided, fell under the mana of
the Ngati Wairaki chief Rakatuarua until Ngai Tahu gained manawhenua (tribal
authority over the area) by way of the Ngati Kuri hapu.
3.2
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 river, the relationship of people with the river 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.
3.3
The resources of the river once supported a nearby pa built by the Ngati
Mamoe leader, Tukiauau. Tukiauau eventually abandoned this pa for another site
just south of Dunedin.
3.4
There are numerous urupa and wahi tapu associated with the river,
particularly in the vicinity of the pa, Pariwhakatau. Urupa are the resting
places of Ngai Tahu tupuna and, as such, are the focus for whanau traditions.
Urupa and wahi tapu are places holding the memories, traditions, victories and
defeats of Ngai Tahu tupuna, and are frequently protected by secret locations.
3.5
The mauri of Tutaeputaputa 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 river.
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 Tutae Putaputa, 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 Tutae Putaputa 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 Tutae
Putaputa 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
Tutae Putaputa 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 Tutae Putaputa.
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, Tutae Putaputa.
5.4
In this Statutory Acknowledgement "River" means a continually or
intermittently flowing body of fresh water, including a stream and modified
watercourse, but does not include:
(a)
any artificial watercourse (including an irrigation canal, water supply
race, canal for the supply of water for electricity power generation and farm
drainage canal);
(b)
any part of the bed of the river which is not in Crown ownership or control
from time to time;
(c)
any land which the waters of the river do not cover at its fullest flow
without overtopping its banks; or
(d)
any tributary flowing into a river.

ATTACHMENT 12.12

STATUTORY ACKNOWLEDGEMENT FOR TARAMAKAU RIVER, WEST
COAST

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Taramakau the location of which is shown on Allocation Plan
MD 110 (SO Plan 12513).

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 Taramakau
as set out below.

3
Acknowledgement of Association
3.1
Manawhenua (tribal authority over the area) was gained for Ngai Tahu by the
rangatira (chief) Tuhuru, who defeated Ngati Wairaki, Ngati Mamoe, Tumatakokiri
and Ngati Toa. For Ngai Tahu, histories such as this reinforce tribal identity
and solidarity, and continuity between generations, and document the events
which shaped Ngai Tahu as an iwi.
3.2
Taramakau River was and still is a significant indigenous fishery and source
of manu (birds). The river remains a source of rich and abundant harvests. The
area is noted particularly for its tuna (eel) and inaka (whitebait) fisheries.
3.3
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 river, the relationship of people with the river 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 was a pa at the mouth of the river, and kainga nohoanga (temporary
settlements) were established along the length of the river which were related
to the taking of mahinga kai and, in particular, the retrieval of pounamu. The
river itself was, therefore, a significant part of the pounamu trail, via which
the taonga was transported from its source to be traded up and down the country.
3.5
The tupuna had an intimate knowledge of navigation, river routes, safe
harbours and landing places, and the locations of food and other resources on
the lake. The river was an integral 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 river.
3.6
The mauri of Taramakau 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 river.
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 Taramakau, 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 Taramakau 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
Taramakau 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
Taramakau 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 Taramakau.
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, Taramakau.
5.4
In this Statutory Acknowledgement "River" means a continually or
intermittently flowing body of fresh water, including a stream and modified
watercourse, but does not include:
(a)
any artificial watercourse (including an irrigation canal, water supply
race, canal for the supply of water for electricity power generation and farm
drainage canal);
(b)
any part of the bed of the river which is not in Crown ownership or control
from time to time;
(c)
any land which the waters of the river do not cover at its fullest flow
without overtopping its banks; or
(d)
any tributary flowing into a river.