Ngai Tahu Settlement

ATTACHMENT 12.15

STATUTORY ACKNOWLEDGEMENT FOR WAIPARA RIVER, CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Waipara, the location of which is shown on Allocation Plan
MD 113 (SO Plan 19849).

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 Waipara
as set out below.

3

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

3.1: Tradition tells of the duel between two famous rangatira (chiefs) which
happened in this area. Tutewaimate, a Ngati Mamoe rangatira from Rakaia, found
that the northward trade route that he sent his goods along was being disrupted
by Moko,a rangatira of the Ngati Kuri hapu of Ngai Tahu who had been acting as a
bandit along the route. Tutewaimate went to confront Moko, who lived in a cave
at Waipara, but found him sleeping. Tutewaimate allowed Moko to awake before
attacking him. Tutewaimate's sense of fair play cost him his life and is
recalled in a tribal proverb.
3.2: 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.
3.3: There are a number of Ngati Wairaki, Ngati Mamoe and Ngai Tahu urupa and
wahi tapu along the river and associated coastline. 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 the tupuna, and are frequently protected by secret locations.
3.4: The river and associated coastline was also a significant mahinga kai, with
kai moana, particularly paua, being taken at the mouth. 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.
3.5: The mauri of the Waipara River 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 Waipara, 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 Waipara 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 Waipara
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
Waipara 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 Waipara.

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, Waipara.

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 12.16

STATUTORY ACKNOWLEDGEMENT FOR KOWAI RIVER,
CANTERBURY