Ngai Tahu Settlement

ATTACHMENT 12.37

STATUTORY ACKNOWLEDGEMENT FOR TE AO MARAMA (LAKE BENMORE), CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Te Ao Marama (Lake Benmore), the location of which is shown on
Allocation Plan MD 130 (SO Plan 19857).

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 Te Ao
Marama as set out below.

3

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

3.1: While the man-made Te Ao Marama is obviously a comparatively recent creation
on the landscape, if overlays the path of the Waitaki River, which is very
significant to Ngai Tahu as the pathway of the waters from Aoraki to the sea.
Ngai Tahu Whanui always recognise and pay respects to Waitaki as a significant
element of their being, and identity, a creation of the atua (gods), further
moulded by Tu Te Rakiwhanoa and his assistants, one of whom was Marokura who
stocked the waterways.
3.2: In addition, the lake now covers areas which have been very important in
Ngai Tahu history. The Ahuriri arm of the lake was the site of Te Ao Marama, the
nohoanga that Te Maiharoa was evicted from by the constabulary in the late
1800s. It is in memory of this that the lake is now referred to by the same
name. A number of other nohoanga existed in the area the lake now covers, and
these were among the 170 which one record lists as existing in the Waitaki
basin. One of these was at Sailors Cutting, and was known as Te Whakapiri a Te
Kaiokai.
3.3: Many wahi tapu and wahi taonga were also drowned by Te Ao Marama, including
a number of rock art sites, while others still survive. Urupa associated with
the nohoanga in the area also lie under the lake. These 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.
3.4: An important and productive fishery exists in the lake, with the Haldane and
Ahuriri arms once rich in long finned eels, although in more recent times the
fishery has been depleted. Freshwater mussels (waikakahi) are also available in
the Ahuriri shallows. Excellent stands of raupo grow on the edge of the lake,
adjacent to the deep water, this hardy plant, which was traditionally used for
kai and in the making of mokihi (a type of waka, or canoe, used on inland
waterways) is not affected by the heavy frosts of the area or cattle grazing.
The Ahuriri arm was also a important waterfowl and weka habitat.
3.5: Strategic marriages between hapu strengthened the kupenga (net) of whakapapa
and thus rights to use the resources of the area. These whakapapa rights and
relationships still apply to the lake itself.
3.6: The area which the lake now covers was once a major route from coast to
coast: to Hawea and Wanaka via the Lindis pass, and to the West Coast via Okuru
or Haast Pass. There was also a trail via the Lindis through into the Central
Otago summer resorts, mahinga kai and pounamu resources. Trails linked to
seasonal resource gathering lead into the Ohau, Pukaki and Takapo, Alexandrina
and Whakarukumoana catchments. These 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 land and waterways.
3.7: Wai-para-hoanga meaning literally 'water of grinding stone dirt' is a
descriptive name for the water that once flowed unhindered in the Waitaki,
sourced from Pukaki, Takapo and ohau, and ultimately from Aoraki itself.
3.8: Notwithstanding more recent man-made changes to the landscape and waterways,
the mauri of Te Ao Marama 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 Te Ao Marama, 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 Te Ao Marama 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 Te Ao
Marama 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 Te
Ao Marama 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 Te Ao Marama.

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, Te Ao Marama.

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 12.38

STATUTORY ACKNOWLEDGEMENT FOR KOTUKU WHAKAOHO (LAKE
BRUNNER/ MOANA), WEST COAST