Ngai Tahu Settlement

ATTACHMENT 12.41

STATUTORY ACKNOWLEDGEMENT FOR LAKE HAWEA, OTAGO

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is the Lake known as Hawea, the location of which is shown on Allocation Plan MD 37 (SO Plan 24718).

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 Hawea as set out below.

3

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

3.1

Hawea 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 Hawea.

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

The name 'Hawea' may derive from Hawea, tupuna (ancestor) of the Waitaha
hapu, Ngati Hawea.

3.4

Hawea was traditionally noted as a rich tuna (eel) fishery, with many
thousands of the fish once being caught, preserved and transported back to the
kainga nohoanga (settlements) of coastal Otago.

3.5

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 Hawea, 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 Hawea 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 Hawea, 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 Hawea 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 Hawea
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
Hawea 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 Hawea.

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, Hawea.

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 12.42

STATUTORY ACKNOWLEDGEMENT FOR LAKE WANAKA,
OTAGO

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Wanaka, the location of which is shown on Allocation Plan
MD 38 (SO Plan 24719).

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 Wanaka as
set out below.

3

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

3.1

Wanaka 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 Wanaka.

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

The name 'Wanaka' is considered by some to be a South Island variant of the
word 'wananga' which refers to the ancient schools of learning. In these schools
Ngai Tahu tohunga (men of learning) would be taught whakapapa (genealogies)
which stretched back to over a hundred generations and karakia (incantations)
for innumerable situations. All of this learning they would be required to
commit to memory.

3.4

Wanaka was traditionally noted as a rich tuna (eel) fishery, with many
thousands of the fish once being caught, preserved and transported back to the
kainga nohoanga (settlements) of coastal Otago.

3.5

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 Wanaka, 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

In 1836 an eeling party was attacked by Te Puoho, a rangatira (chief) of the
North Island Ngati Tama iwi. Te Puoho had plans of conquering Te Wai Pounamu,
beginning his campaign at the southern end of the island. He compared his
strategy to boning an eel which is started at the tail end of the fish. Having
travelled down Te Tai Poutini (the West Coast) to Jackson Bay, Te Puoho crossed
Haast Past into Wanaka and Lake Hawea where he found a Ngai Tahu eeling party
which he captured at Makarora. Two infant girls were captured and eaten. Te
Puoho suspected this family was an outpost and so he gave instructions for two
guards to follow a young teenager called Pukuharuru who was ordered to show them
where the main camp was. However Pukuharuru managed to escape after dark and
alert his father, Te Raki. Te Raki killed the two guards, who were lost without
their guide, and the Wanaka families managed to escape the region.

3.7

Te Puoho continued his campaign at Tuturau where there were other families
fishing. However some of the people managed to escape to Tiwai Point near Bluff
where they lit a warning fire. This fire alerted the southern forces and, under
the leadership of Tuhawaiki, Ngai Tahu prepared to meet Te Puoho at Tuturau.
After discussing the situation with the tohunga, Ngai Tahu were assured of
victory. While the priests chanted their karakia to the gods of war, the heart
of the enemy chief appeared before Ngai Tahu in the firelight, carried by the
wings of a bird. With this omen that the gods of war were on the side of Ngai
Tahu, they attacked Te Puoho the next morning. Te Puoho was shot by a young Ngai
Tahu lad called Topi and his army was taken captive. The head of Te Puoho was
cut from his body and stuck on a pole facing his home in the north. Wanaka is
therefore noted in history for its part in what was to be the last battle
between the North and South Island Maori.

3.8

The mauri of Wanaka 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 Wanaka, 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 Wanaka 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 Wanaka
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)

dt

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
Wanaka 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 Wanaka.

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, Wanaka.

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.