Ngai Tahu Settlement

ATTACHMENT 12.21

STATUTORY ACKNOWLEDGEMENT FOR HAKATARAMEA RIVER,
CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Hakataramea the location of which is shown on Allocation Plan
MD 119 (SO Plan 24724).

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
Hakataramea as set out below.

3

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

3.1

The creation of the Hakataramea relates in time to Te Waka o Aoraki, and the
further shaping of the island by Tu Te Rakiwhanoa and his assistants, including
Marokura who stocked the waterways and Kahukura, who stocked the forests. 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.

3.2

The name 'Hakataramea' probably refers to the taramea plant from which a
prized perfume was extracted. The name suggests that taramea once grew in
abundance in the vicinity of the river, and was easily accessed.

3.3

As well as being a mahinga kai in its own right, the Hakataramea was also an
alternative route to the Aoraki region, forming part of the network of waterways
and land-based mahinga kai in this part of the interior. This area was a part of
the seasonal trail of mahinga kai and resource gathering, and hapu and whanau
bonding. Knowledge of these trails continue 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.

3.4

The Hakataramea was a noted and popular indigenous fishery, offering tuna
(eel), kanakana (lamprey), kokopu, waikoura (freshwater crayfish) and waikakahi
(freshwater mussel). Other mahinga kai taken from the Hakataramea included weka,
ti kouka (cabbage tree) and taramea (spaniard grass). 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 Hakataramea, 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

These mahinga kai resources supported both semi-permanent and seasonal
occupations, including a kainga called Te Wai-tohi near the confluence of the
Hakataramea and Waitaki rivers. The surviving rock art remnants and rock
shelters are a particular taonga of the area, providing a unique record of the
lives and beliefs of the people who travelled the river.

3.6

Because of the long history of use of the river as both a highway and a
mahinga kai, supporting permanent and temporary occupation, there are a number
of 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.

3.7

The mauri of the Hakataramea 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 Hakataramea, 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 Hakataramea 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
Hakataramea 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
Hakataramea 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 Hakataramea.

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, Hakataramea.

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 12.22

STATUTORY ACKNOWLEDGEMENT FOR KAKAUNUI RIVER,
OTAGO

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Kakaunui, the location of which is shown on Allocation Plan
MD 120 (SO Plan 24725).

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 Kakaunui
as set out below.

3

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

3.1

The creation of the Kakaunui relates in time to Te Waka o Aoraki, and the
further shaping of the island by Tu Te Rakiwhanoa and his assistants, including
Marokura who stocked the waterways and Kahukura, who stocked the forests. 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.
The origin of the name 'Kakaunui' has been lost, but is likely to refer to
swimming in the river.

3.2

There was a tauranga waka (landing place) at the mouth of the Kakaunui,
which was an important part of the coastal trails north and south. The river was
also a part of the seasonal trail of mahinga kai and resource gathering, and
hapu and whanau bonding. 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 Kakaunui 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.

3.3

The Kakaunui was a noted indigenous fishery, offering tuna (eel), inaka
(whitebait), kanakana (lamprey), kokopu and other species. Other materials
provided by the river included raupo, harakeke and watercress. 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 Kakaunui, 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

These mahinga kai resources supported both semi-permanent and seasonal
occupations, including a kainga on the northern bank of the river near Maheno.
The surviving rock art remnants and rock shelters are a particular taonga of the
area, providing a unique record of the lives and beliefs of the people who
travelled the river.

3.5

The mauri of the Kakaunui 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 Kakaunui, 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 Kakaunui 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
Kakaunui 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 (clause 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
Kakaunui 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 Kakaunui.

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, Kakaunui.

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.