Ngai Tahu Settlement

ATTACHMENT 12.25

STATUTORY ACKNOWLEDGEMENT FOR ORETI RIVER, SOUTHLAND

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Oreti, the location of which is shown on Allocation Plan
MD 123 (SO Plan 12262).

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 Oreti as
set out below.

3

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

3.1

The Oreti River traverses a significant area of Murihiku, stretching from
its mouth at Invercargill almost to the edge of Whakatipu-wai-maori (Lake
Wakatipu). As such, it formed one of the main trails inland from the coast, with
an important pounamu trade route continuing northward from the headwaters of the
Oreti and travelling, via the Mavora or Von River Valley, to the edge of
Wakatipu and onto the Dart and Routeburn pounamu sources. Indeed, pounamu can be
found in the upper reaches of the Oreti itself.

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 Oreti, 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 kai resources of the Oreti would have supported numerous parties
venturing into the interior, and returning by mokihi (vessels made of raupo),
laden with pounamu and mahinga kai. Nohoanga (temporary campsites) supported
such travel by providing bases from which the travellers could go water fowling,
eeling and catching inaka (whitebait), and were located along the course of
Oreti River.

3.4

There were a number of important settlement sites at the mouth of the Oreti,
in the New River estuary, including Omaui, which was located at the mouth of the
Oreti, where it passes the New River Heads. Oue, at the mouth of the Oreti River
(New River estuary), opposite Omaui, was one of the principal settlements in
Murihiku. Honekai who was a principal chief of Murihiku in his time was resident
at this settlement in the early 1820s, at the time of the sealers. In 1850 there
were said to still be 40 people living at the kaik at Omaui under the chief
'Mauhe'.

3.5

As a result of this pattern of occupation, there are a number of urupa
located at the lower end of the Oreti, in the estuarine area. 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.

3.6

The mauri of the Oreti 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 Oreti, 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 Oreti 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 Oreti
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 of 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
Oreti 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 Oreti.

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, Oreti.

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 12.26

STATUTORY ACKNOWLEDGEMENT FOR WAIAU RIVER,
SOUTHLAND

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the River known as Waiau, the location of which is shown on Allocation Plan
MD 124 (SO Plan 12263).

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 Waiau as
set out below.

3

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

3.1

The Waiau River features in the earliest of traditional accounts, and was a
place and resource well known to the earliest tupuna (ancestors) to visit the
area. Rakaihautu and his followers traced the Waiau from its source in Te Ana-au
(Lake Te Anau) and Motu-ua or Moturau (Lake Manapouri), to its meeting with the
sea at Te Wae Wae Bay.

3.2

The waka Takitimu, under the command of the rangatira (chief) Tamatea, was
wrecked near the mouth of the Waiau River and the survivors who landed at the
mouth named the river 'Waiau' due to the swirling nature of its waters. Tamatea
and his party made their way up the river to Lake Manapouri where they
established a camp site. The journey of Tamatea was bedevilled by the
disappearance of Kaheraki who was betrothed to Kahukunu, a son of Tamatea,
Kaheraki strayed away from the party, and was captured by the Maeroero (spirits
of the mountain).

3.3

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.

3.4

The Waiau has strong links with Waitaha who, following their arrival in the
waka Uruao, populated and spread their influence over vast tracts of the South
Island. They were the moa hunters, the original artisans of the land. There are
remnants of Waitaha rock art associated with the river. Surviving rock art
remnants 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

There is also a strong Ngati Mamoe influence in this area of the country.
Ngati Mamoe absorbed and intermarried with the Waitaha and settled along the
eastern coast of Te Wai Pounamu. The arrival of Ngai Tahu in Te Wai Pounamu
caused Ngati Mamoe to become concentrated in the southern part of the island,
with intermarriage between the two iwi occurring later than was the case further
north. The result is that there is a greater degree of Ngati Mamoe influence
retained in this area than in other parts of the island. These are the three iwi
who, through conflict and alliance, have merged in the whakapapa (genealogy) of
Ngai Tahu Whanui.

3.6

Numerous archaeological sites and wahi taonga attest to the history of
occupation and use of the river. These are places holding the memories,
traditions, victories and defeats of Ngai Tahu tupuna. The main nohoanga
(occupation site) on the Waiau was at the mouth and was called Te Tua a Hatu.
The rangatira (chief) Te Wae Wae had his kainga nohoanga on the left bank of the
Waiau River mouth.

3.7

The Waiau, which once had the second largest flow of any river in New
Zealand, had a huge influence on the lives and seasonal patterns of the people
of Murihiku, over many generations. The river was a major mahinga kai: aruhe
(fernroot), ti root, fish, tuna (eels), shellfish and tutu were gathered in the
summer, a range of fish were caught in the autumn, kanakana (lamprey) were
caught in the spring, while the people were largely reliant during winter on
foods gathered and preserved earlier in the year. Rauri (reserves) were applied
to the mahinga kai resources, so that people from one hapu or whanau never
gathered kai from areas of another hapu or whanau. Some 200 species of plants
and animals were utilised by Ngai Tahu as a food resource in and near the Waiau.

3.8

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 Waiau, 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.

3.9

Place names provide many indicators of the values associated with different
areas, including Wai Harakeke (flax), Papatotara (totara logs or bark), Kirirua
(a type of eel found in the lagoon), Te Rua o te Kaiamio (a rock shelter that
was a 'designated meeting place' for the local Maori, similar to a marae) and Ka
Kerehu o Tamatea ('charcoal from the fire of Tamatea' - black rocks near old
Tuatapere ferry site).

3.10

The Waiau River was a major travelling route connecting Murihiku and Te Ara
a Kiwa (Foveaux Strait) to Te Tai Poutini (the West Coast), and as such was a
important link between hapu and iwi. Pounamu on the West Coast, and summer
expeditions to Manapouri (Motu-ua or Moturau) for mahinga kai were the main
motivations for movement up and down the Waiau. Mokihi (vessels made from raupo)
were utilised for travel down the river and were a very effective and common
mode of travel, making transportation of substantial loads of resources
possible.

3.11

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 Waiau. 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 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.

3.12

The Waiau was once a large and powerful river, up to 500m across at the
mouth, narrowing to 200m further upstream. The water flow from the Waiau River
was an important factor in the ecological health and bio-diversity of the
coastal resources..

3.13

The mauri of the Waiau 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 Waiau, as provided in section [ ] of the
Settlement Legislation (clause 12.2.4 of the Deed of the Settlement);

(c)

to empower the Minister responsible for management of Waiau 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 Waiau
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
Waiau 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 Waiau.

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, Waiau.

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.