Ngai Tahu Settlement

ATTACHMENT 12.17

STATUTORY ACKNOWLEDGEMENT FOR HEKEAO (HINDS RIVER), CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Hekeao (Hinds River), the location of which is shown on
Allocation Plan MD 117 (SO Plan 19853).

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 Hekeao as
set out below.

3

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

3.1

Hekeao and Tokara (the two branches of the Hinds River) traditionally
supported a number of nohoanga (settlements), including Hekeao, Kakaho, Koroki,
Te Mihi, Pakutahi, Karipo, Purakaunui, Rukuhia and Tokara. As a result of this
history of occupations, there are a number of urupa associated with the river.
Urupa are the resting places of Ngai Tahu tupuna and, as such, are the focus for
whanau traditions. These are places holding the memories, traditions, victories
and defeats of Ngai Tahu tupuna, and are frequently protected by secret
locations.

3.2

The river was an important mahinga kai, known particularly as a source of
tuna (eel) and kanakana (lamprey). 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 mauri of Hekeao and Tokara represent 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 Hekeao, 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 Hekeao 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 Hekeao
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
Hekeao 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 Hekeao.

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, Hekeao.

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 12.18

STATUTORY ACKNOWLEDGEMENT FOR RANGITATA RIVER,
CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Rangitata, the location of which is shown on Allocation Plan
MD 115 (SO Plan 19851).

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 Rangitata
as set out below.

3

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

3.1

The Rangitata was a major mahinga kai for Canterbury Ngai Tahu, particularly
those based at Kaiapoi Pa. Weka and other forest birds were the main foods taken
from the inland reaches of the Rangitata. Tutu berries were also taken along the
waterway.

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 river was sometimes used by Ngai Tahu parties from Canterbury as part of
a trail to Te Tai Poutini (the West Coast). 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 river. 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
continue to be held by whanau and hapu and are regarded as taonga. The
traditional mobile lifestyle of the people led to their dependence on the
resources of the river.

3.4

The mauri of the Rangitata 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 Rangitata, 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 Rangitata 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
Rangitata 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
Rangitata 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 Rangitata.

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, Rangitata.

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.