Ngai Tahu Settlement

ATTACHMENT 12.19

STATUTORY ACKNOWLEDGEMENT FOR HAKATERE (ASHBURTON RIVER), CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Hakatere (Ashburton River), the location of which is shown on
Allocation Plan MD 116 (SO Plan 19852).

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 Hakatere
as set out below.

3

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

3.1

The Hakatere was a major mahinga kai for Canterbury Ngai Tahu, particularly
those based at Kaiapoi Pa. The main foods taken from the river were tuna (eels),
inaka (whitebait) and the giant kokopu. Rats, weka, kiwi and waterfowl such as
putakitaki (paradise duck) were also hunted along the river.

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 mauri of Hakatere 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 Hakatere, 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 Hakatere 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
Hakatere 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
Hakatere 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 Hakatere.

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, Hakatere.

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 12.20

STATUTORY ACKNOWLEDGEMENT FOR WAITAKI RIVER,
OTAGO

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Waitaki the location of which is shown on Allocation Plan
MD 118 (SO Plan 24723).

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 Waitaki
as set out below.

3

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

3.1

The name 'Waitaki' (a South Island variant of the name 'Waitangi' which is
found throughout the North Island) is a common place name throughout Polynesia.
Although the specific tradition behind the name has been lost in this case, it
literally means 'the waterway of tears', and the Waitaki is often referred to in
whaikorero (oratory) as representing the tears of Aoraki which spill into Lake
Pukaki and eventually make their way south along the river to the coast. This
image is captured in the whakatauaki 'Ko Waitaki te awa, ka roimata na Aoraki I
riringi' ('Waitaki is the river, the tears spilled by Aoraki').

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

The Ngai Tahu association with the Waitaki extends back to the first human
habitation of Te Wai Pounamu. As such, the river is an essential element of the
identity of Ngai Tahu as an iwi. A moa butchery site at the mouth of the river
is one of the oldest recorded settlement sites in the island and other sites
further up the river are also extremely ancient.

3.4

The Waitaki was a traditional route to the mahinga kai resources of inland
North Otago and the once bush-clad Waitaki Valley. The use of mokihi (river
craft constructed from raupo, or reeds), to carry the spoils of hunting
expeditions down the river is particularly associated with the Waitaki, one of
the few places where the construction and navigation of these vessels is still
practised to this day.

3.5

The river also led to the central lakes district - itself a rich source of
mahinga kai - and from there across the Southern Alps to the treasured pounamu
resource of Te Tai Poutini (the West Coast). The river served as a major highway
for such travels from both North Otago and South Canterbury.

3.6

Thus there were numerous tauranga waka (or landing places) on river. 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
Waitaki 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 a taonga. The traditional mobile lifestyle of the people led to
their dependence on the resources of the river.

3.7

In 1877, the religious leader Te Maiharoa led his people up the Waitaki to
establish a settlement at Te Ao Marama (near modern-day Omarama), to demonstrate
his assertion that the interior had not been sold by Ngai Tahu, and therefore
still belonged to the iwi. Although the settlement was eventually broken up by
the constabulary, and the people forced to retreat back down the river, the
episode is a significant one in the long history of Te Kereme (the Ngai Tahu
Claim).

3.8

As well as acting as a route to the inland mahinga kai sources, the river
itself provided many forms of kai for those living near it or travelling on it.
The Waitaki was and still is noted for its indigneous fisheries, including tuna
(eel), inaka, kokopu and koaro species (whitebait), kanakana (lamprey) and
waikoura (freshwater crayfish); with aua (yellow-eyed mullet) and mohoao (black
flounder) being found at the mouth. Many of these species are diadromous
(migrating between sea and freshwater to spawn).

3.9

The extensive wetland areas formerly associated with the river once provided
important spawning, rearing and feeding grounds for all of these species and
were among the richest mahinga kai areas on the river. Although many of these
species have now been depleted, the Waitaki remains a nationally-important
fishery.

3.10

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 Waitaki, 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.

3.11

The Waitaki Valley holds one the country's major collections of rock art,
and the river itself seems to have acted as a form of cultural 'barrier' in rock
art design. The surviving rock art remnants are a particular taonga of area,
providing a unique record of the lives and beliefs of the people who travelled
the river.

3.12

Because of the long history of use of the river as both a highway and a
mahinga kai, supporting permanent and temporary nohoanga (occupation sites),
there are numerous urupa, wahi tapu and wahi taonga associated with the river.
These are all places holding the memories, traditions, victories and defeats of
Ngai Tahu tupuna, and are frequently protected by secret locations. Urupa are
the resting places of Ngai Tahu tupuna and, as such, are a particular focus for
whanau traditions.

3.13

The mauri of Waitaki 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 Waitaki, 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 Waitaki 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 Waitaki
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
Waitaki 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 Waitaki.

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, Waitaki.

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.