Ngai Tahu Settlement

ATTACHMENT 12.43

STATUTORY ACKNOWLEDGEMENT FOR WHAKATIPUWAI-MAORI (LAKE WAKATIPU), OTAGO

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Whakatipu-Wai-Maori (Lake Wakatipu), the location of which is
shown on Allocation Plan MD 39 (SO Plan 24720).

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
Whakatipu-wai-maori as set out below.

3

Cultural, Spiritual, Historic and/or Traditional Association of Ngai Tahu
with the Statutory Area

3.1

The name 'Whakatipu-wai-maori' originates from the earliest expedition of
discovery made many generations ago by the tupuna Rakaihautu and his party of
the Uruao waka. Rakaihautu is traditionally credited with creating the great
waterways of the interior of the island with his famous ko (a tool similar to a
spade), known as Tu Whakaroria (renamed Tuhiraki at the conclusion of the
expedition).

3.2

There are many traditions relating to the lake. One of the most famous tells
that the hollow which forms the bed of the lake was created when the people
known as Te Rapuwai came upon the giant tipua (ogre) Matau as he lay there in a
deep sleep. Matau had been responsible for the disappearance of many small
hunting parties and had entrapped a beautiful maiden, Manata. The father of
Manata offered her in marriage to the man who could bring her safely home.
Matakauri, who was in love with Manata, ventured forth, discovering that Matau
slept when the northwest wind blew. Matakauri selected a day when the wind was
blowing the right way and set forth. He found Manata and, using his mere, he
attempted to sever the bonds which held her, but try as he would he failed.
Manata began to sob bitterly, and as her tears fell on the cords, they melted
away. Matakauri carried Manata back to the village where they became man and
wife. However Matakauri knew that while Matau lived no maiden was safe, so he
set forth when again the northwest wind blew, and set fire to the large growth
of bracken that acted as a bed for the giant. Matau was smothered in flames, the
fat from his body augmenting the fire, until the blaze was so fierce that it
burned a hole more than 1000 feet deep. The snow on the surrounding hills melted
and filled the hole, which is known today as Lake Wakatipu.

3.3

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 continuity between generations, and document the
events which shaped the environment of Te Wai Pounamu and Ngai Tahu as an iwi.

3.4

Whakatipu-wai-maori once supported nohoanga and villages which were the
seasonal destinations of Otago and Murihiku (Southland) whanau and hapu for many
generations, exercising ahi ka and accessing mahinga kai and providing a route
to access the treasured pounamu located beyond the head of the lake. Strategic
marriages between hapu strengthened the kupenga (net) of whakapapa and thus
rights to use the resources of the lake. It is because of these patterns of
activity that the lake continues to be important to runanga located in Murihiku,
Otago and beyond. These runanga carry the responsibilities of kaitiaki in
relation to the Area, and are represented by the tribal structure, Te Runanga o
Ngai Tahu.

3.5

The lake also supported permanent settlements, such as the kaika (village)
Tahuna near present-day Queenstown, Te Kirikiri Pa, located where the Queenstown
gardens are found today, a Ngati Mamoe kaika near the Kawarau Falls called O Te
Roto, and another called Takerehaka near Kingston. The Ngati Mamoe chief Tu Wiri
Roa had a daughter, Haki Te Kura, who is remembered for her feat of swimming
across the lake from Tahuna, a distance of some three kilometres.

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

A key attraction of the lake was the access it provided to seasonal
campsites and the pounamu located at the head of the lake at the Dart and
Routeburn River catchments, from which countless generations gathered inaka and
koko-takiwai pounamu and transported it back to coastal settlements for
fashioning into tools, ornaments and weapons.

3.8

Waka and mokihi were the key modes of transport for the pounamu trade,
travelling the length and breadth of Whakatipu-wai-maori. Thus there were
numerous tauranga waka (landing places) on the lake and the islands upon it
(Matau and Wawahi-waka). The tupuna had an intimate knowledge of navigation,
river routes, safe harbours and landing places, and the locations of food and
other resources on the lake. 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 roto (lake).

3.9

Whakatipu-wai-maori is an important source of freshwater, the lake itself
being fed by hukawai (melt waters). These are waters with the highest level of
purity and were accorded traditional classifications by Ngai Tahu that
recognised this value. Thus it is a puna (spring) which sustains many ecosystems
important to Ngai Tahu. The mauri of Whakatipu-wai-maori 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 Whakatipu-Wai-Maori, 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 Whakatipu-Wai-Maori 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
Whakatipu-Wai-Maori 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
Whakatipu-Wai-Maori 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 Whakatipu-Wai-Maori.

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, Whakatipu-Wai-Maori.

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.