Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 12.23

STATUTORY ACKNOWLEDGEMENT FOR POMAHAKA RIVER, OTAGO

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Pomahaka, the location of which is shown on Allocation Plan
MD 121 (SO Plan 24726).

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 Pomahaka
as set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
The Pomahaka was an important mahinga kai for Ngati Mamoe and Ngai Tahu
kainga (settlements) in the Catlins and Tautuku areas. The river was
particularly noted for its kanakana (lamprey) fishery. Other mahinga kai
associated with the river included weka and other manu (birds).
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 Pomahaka, 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 the Pomahaka 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 Pomahaka, 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 Pomahaka 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
Pomahaka 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
Pomahaka 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 Pomahaka.
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, Pomahaka.
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 12.24

STATUTORY ACKNOWLEDGEMENT FOR MATA-AU (CLUTHA RIVER),
OTAGO

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Mata-au (Clutha River), the location of which is shown on
Allocation Plan MD 122 (SO Plan 24727).

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 Mata-au
as set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
The Mata-au river takes its name from a Ngai Tahu whakapapa that traces the
genealogy of water. On that basis, the Mata-au is seen as a descendant of the
creation traditions. 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
On another level, the Mata-au was part of a mahinga kai trail that led
inland and was used by Otakou hapu including Ngati Kuri, Ngati Ruahikihiki,
Ngati Huirapa and Ngai Tu Ahuriri. 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 also very important in the transportation of pounamu from
inland areas down to settlements on the coast, from where it was traded north
and south. Thus there were numerous tauranga waka (landing places) along it. 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 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 Mata-au is where Ngai Tahu's leader, Te Hautapunui o Tu, established the
boundary line between Ngai Tahu and Ngati Mamoe. Ngati Mamoe were to hold mana
(authority) over the lands south of the river and Ngai Tahu were to hold mana
northwards. Eventually the unions between the families of Te Hautapunui o Tu and
Ngati Mamoe made the boundaries meaningless. For Ngai Tahu, histories such as
this represent the links and continuity between past and present generations,
reinforce tribal identity, and document the events which shaped Ngai Tahu as an
iwi.
3.5
Strategic marriages between hapu further strengthened the kupenga (net) of
whakapapa, and thus rights to travel on and use the resources of the river. It
is because of these patterns of activity that the river continues to be
important to runanga located in Otago and beyond. These runanga carry the
responsibilities of kaitiaki in relation to the area, and are represented by the
tribal structure, Te Runanga o Ngai Tahu.
3.6
Urupa and battlegrounds are peppered all along this river. One battleground,
known as Te Kauae Whakatoro (downstream of Tuapeka), recalls a confrontation
between Ngai Tahu and Ngati Mamoe that led to the armistice established by Te
Hautapunui o Tu. 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.
3.7
The mauri of Mata-au 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 Mata-au, 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 Mata-au 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 Mata-au
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
Mata-au 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 Mata-au.
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, Mata-au.
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.