Ngai Tahu Settlement

ATTACHMENT 12.31

STATUTORY ACKNOWLEDGEMENT FOR WHAKAMATAU (LAKE COLERIDGE), CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Whakamatau (Lake Coleridge), the location of which is shown on
Allocation Plan MD 128 (SO Plan 19855).

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
Whakamatau as set out below.

3

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

3.1: Whakamatau 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 Whakamatau.
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: This lake was occupied by the Ngati Tu Te Piriraki hapu. Tu Te Piriraki was
the son of Tu Te Kawa, a Ngati Mamoe chief who held manawhenua in this region.
When Tu Te Kawa died his family, including Tu Te Piriraki, married into the
senior Ngai Tahu families. Such strategic marriages between hapu strengthened
the kupenga (net) of whakapapa and thus rights to use the resources of the lake.
3.4: Whakamatau was a notable mahinga kai where tuna (eel) and water fowl were
taken. The kiore (polynesian rat) was also taken in this region. 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 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.
3.5: Whakamatau was an integral part of a network of trails linking North
Canterbury and Te Tai Poutini (the West Coast) which were used by the tupuna 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 are
regarded as taonga. The traditional mobile lifestyle of the people led to their
dependence on the resources of the lake.
3.6: As a result of the area's history as a settlement site and part of a trail,
there are many urupa associated with the lake. 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 Whakamatau 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 Whakamatau, 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 Whakamatau 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
Whakamatau 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
Whakamatau 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 Whakamatau.

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, Whakamatau.

5.4

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

(a): any part of the lakebed 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 maximum operating
level as prescribed from time to time by any resource consent or rule of a
regional plan or proposed plan within the meaning of the Resource Management Act
1991; or
(c): any river or watercourse, artificial or otherwise, draining into or out of a
lake.

ATTACHMENT 12.32

STATUTORY ACKNOWLEDGEMENT FOR TAKAPO (LAKE TEKAPO),
CANTERBURY