Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 12.33

STATUTORY ACKNOWLEDGEMENT FOR LAKE OHAU, CANTERBURY

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Ohau, the location of which is shown on Allocation Plan MD 36
(SO Plan 19838).

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 Lake Ohau
as set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
Ohau 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 Ohau. It is
probable that the name 'Ohau' comes from one of the descendants of Rakaihautu,
Hau.
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
Ohau was traditionally occupied by the descendants of Te Rakitauhope and was
the site of several battles between Ngai Tahu and Ngati Mamoe. Later, it
supported Te Maiharoa and his followers in 1870s when they took occupation of
land in the interior in protest against the Crown's failure to honour the 1848
Canterbury Purchase.
3.4
As a result of this history of occupation, there are a number of urupa and
wahi tapu associated with the lake. 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.
3.5
Ohau was an important mahinga kai, and part of a wider mahinga kai trail
that ran from Lake Pukaki to the coast. The main foods taken in this area were
weka, forest and water fowl and freshwater fish such as tuna (eel) and kokopu.
3.6
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.
3.7
The mauri of Ohau 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 Ohau, 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 Ohau 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 Ohau 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 Ohau
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 Ohau.
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, Ohau.
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 12.34

STATUTORY ACKNOWLEDGEMENT FOR WHAKARUKUMOANA (LAKE
MCGREGOR), CANTERBURY

(Clause 12.2)

1
Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Whakarukumoana (Lake McGregor), the location of which is shown
on Allocation Plan MD 129 (SO Plan 19856).

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
Whakarukumoana as set out below.

3
Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area
3.1
Whakarukumoana 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 Whakarukumoana.
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
Draining into Takapo (Lake Tekapo) via Te Wai-a-te-Kamana, Whakarukumoana
forms a 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
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 lake.
3.4
The lake was very productive, although the indigenous fishery has now been
depleted. The warmer shallows are important habitats for tuna (eels) and
indigenous fish which prefer such conditions. This rainfed lake is a habitat for
upland bully, common bully, long finned eel and galaxids as well as introduced
trout.
3.5
Waterfowl, including a range of duck species, crested grebe and weka
(formerly) are another important mahinga kai associated with the lake. Flora
gathered from land adjoining the lake included matagouri, taramea, tutu,
tataraheka, manuka, snowgrass, and raupo. The succulent kiore (polynesian rat)
was once an important food resource, as was the moa.
3.6
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.
3.7
The mauri of Whakarukumoana 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 Whakarukumoana, 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 Whakarukumoana 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
Whakarukumoana 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
Whakarukumoana 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 Whakarukumoana.
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, Whakarukumoana.
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.