Ngai Tahu Settlement

ATTACHMENT 12.13

STATUTORY ACKNOWLEDGEMENT FOR MAKAAWHIO (JACOBS RIVER),
WEST COAST

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Makaawhio (Jacobs River), the location of which is shown on
Allocation Plan MD 111 (SO Plan 12514).

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 Makaawhio
as set out below.

3

Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area

3.1: According to legend, the Makaawhio River is associated with the Patupaiarehe
(flute playing fairies) and Maeroero (ogres of the forest). It is said that
Tikitiki o Rehua was slain in the Makaawhio River by the Maeroero. The name
'Tikitiki o Rehua' is now attached to the ridge of hills (sometimes called
Jacobs Ridge) on the north bank of the Makaawhio River.
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 which shaped the environment of Te Wai Pounamu and Ngai
Tahu as an iwi.
3.3: Manawhenua (tribal authority over the area) was gained for Ngai Tahu by the
rangatira (chief) Tuhuru, who defeated Ngati Wairaki, Ngati Mamoe and
Tumatakokiri. That manawhenua was cemented by the establishment of kainga
nohoanga (permanent settlements) at the mouth and on both banks of the river
because of the plentiful supply of mahinga kai from the river and its estuary
and surrounds. A northern settlement strategically sited on Tahikeakai (Jacobs
Bluff) acted as a sentry lookout that warned of approaching visitors.
3.4: As a result of this pattern of occupation, there are a number of urupa and
wahi tapu along the river. 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 Makaawhio was and still is the source of a range of mahinga kai. Rocks
at the mouth of the river still provide an abundance of kaimoana (seafood). The
estuary of the river itself still provides an abundance of kaiawa (freshwater
fisheries), including tuna (eels), patiki (flounders) and inaka (whitebait) and
remains a significant kohanga (nursery) for a variety of fish species.
3.6: The area is still a significant manu (bird) breeding area, once yielding a
rich harvest. The flora of the area provided not only food, but also the raw
materials for raranga (weaving), rongoa (medicines) and the building of waka
(canoes) and whare (houses).
3.7: In addition to its bounty of mahinga kai resources, the Makaawhio is a
source of the mineral malachite (Aotea).
3.8: 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.
3.9: Because of the kainga nohoanga, reserves were set aside on the river for
Ngai Tahu at the time of the 1860 Arahura Deed of Sale. One of these was an
urupa, where notable Ngai Tahu tupuna Te Koeti Turanga and Wi Katau Te Naihi are
buried, among others.
3.10: The mauri of the Makaawhio 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 Makaawhio, 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 Makaawhio 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
Makaawhio 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
Makaawhio 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 Makaawhio.

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, Makaawhio.

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 12.14

STATUTORY ACKNOWLEDGEMENT FOR HURUNUI RIVER,
CANTERBURY