Ngai Tahu Settlement

ATTACHMENT 12.29

STATUTORY ACKNOWLEDGEMENT FOR LAKE ROTORUA, KAIKOURA

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Rotorua, the location of which is shown on Allocation Plan
MD 43 (SO Plan 7327).

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 Rotorua
as set out below.

3

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

3.1

Rotorua is one of the lakes referred to in the tradition of 'Nga Puna Wai
Karikari o Rakaihautu' which tells how the principal lakes of Te Wai Pounamu
which were dug by the rangatira (chief) Rakaihautu. Rakaihautu was the captain
of the canoe, Uruao, which brought the Waitaha tribe to New Zealand. According
to tradition, Rakaihautu beached his canoe at Whakatu (Nelson). From Whakatu,
Rakaihautu divided the new arrivals in two, with his son taking one party to
explore the coastline southwards, and Rakaihautu taking another southwards by an
inland route.

3.2

On his journey inland Rakaihautu used his famous ko (a tool similar to a
spade) to dig what are now the principal lakes of Te Wai Pounamu. Those lakes
included Whakamatau (Coleridge), Rotorua, Pukaki, Ohau, Wanaka, Tekapo and
Hawea. All of these lakes were used by Ngai Tahu as mahinga kai and sites of
occupation.

3.3

For Ngai Tahu, traditions such as this represent the links between the
cosmological world of the Gods and present generations, these histories
reinforced 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

Rotorua was used as a mahinga kai by Ngai Tahu as well as the earlier tribes
such as Ngati Tumatakokiri and Ngati Wairaki. The main foods taken from this
area were waterfowl and eel.

3.5

The tupuna had considerable knowledge of places for gathering kai and other
taonga, ways in which to use the resources of the lake, the relationship of
people with the lake 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.

3.6

The mauri of Rotorua 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 lake.

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 Rotorua, 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 Rotorua 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 Rotorua
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
Rotorua 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 Rotorua.

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, Rotorua.

5.4

In this Statutory Acknowledgement "Lake" means a body of fresh water which
is entirely or nearly surrounded by land, but does not include:

(a)

any part of the lake which is not in Crown ownership or control from time to
time;

(b)

any land which the waters of the lake do not cover at its highest level
without exceeding its margin; or

(c)

any river or watercourse, artificial or otherwise, draining into or out of a
lake.

ATTACHMENT 12.30

STATUTORY ACKNOWLEDGEMENT FOR HOKA KURA (LAKE SUMNER),
CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Hoka Kura (Lake Sumner), the location of which is shown on
Allocation Plan MD 127 (SO Plan 19854).

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 Hoka Kura
as set out below.

3

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

3.1

Hoka Kura is one of the lakes referred to in the tradition of 'Nga Puna Wai
Karikari o Rakaihautu' which tells how the principal lakes of Te Wai Pounamu
were dug by the rangatira (chief) Rakaihautu. Rakaihautu was the captain of the
canoe, Uruao, which brought the tribe, Waitaha, to New Zealand. Rakaihautu
beached his canoe at Whakatu (Nelson). From Whakatu, Rakaihautu divided the new
arrivals in two, with his son taking one party to explore the coastline
southwards and Rakaihautu taking another southwards by an inland route. On his
inland journey southward, Rakaihautu used his famous ko (a tool similar to a
spade) to dig the principal lakes of Te Wai Pounamu, including Hoka Kura. The
origins of the name 'Hoka Kura' have now been lost, although it is likely that
it refers to one of the descendants of Rakaihautu.

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

Hoka Kura was used as a mahinga kai by North Canterbury Ngai Tahu. The
tupuna had considerable knowledge of whakapapa, traditional trails, places for
gathering kai and other taonga, ways in which to use the resources of the lake,
the relationship of people with the lake 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

The mahinga kai values of the lake were particularly important to Ngai Tahu
parties travelling to Te Tai Poutini (the West Coast). The lake 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 lake.

3.5

There are a number urupa and wahi tapu in this region. Urupa are the resting
places of Ngai Tahu tupuna and, as such, are the focus for whanau traditions.
Urupa and wahi tapu 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 Hoka Kura 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 lake.

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 Hoka Kura, 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 Hoka Kura 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 Hoka
Kura 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 Hoka
Kura 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 Hoka Kura.

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, Hoka Kura.

5.4

In this Statutory Acknowledgement "Lake" means a body of fresh water which
is entirely or nearly surrounded by land, but does not include:

(a)

any part of the lake which is not in Crown ownership or control from time to
time;

(b)

any land which the waters of the lake do not cover at its highest level
without exceeding its margin; or

(c)

any river or watercourse, artificial or otherwise, draining into or out of a
lake.