Ngai Tahu Settlement

ATTACHMENT 12.44

STATUTORY ACKNOWLEDGEMENT FOR KURAMEA (LAKE CATLINS),
OTAGO

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Kuramea (Lake Catlins), the location of which is shown on
Allocation Plan MD 134 (SO Plan 24728).

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 Kuramea
as set out below.

3

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

3.1

'Kuramea' is the traditional name for the waterway now known as Catlins
Lake.

3.2

The lake and estuary were significant sources of mahinga kai, supporting a
number of nohoanga (settlements) in the vicinity. Tuna (eels) inaka (whitebait),
tuaki (cockles), pupu (mudsnails), pipi and flatfish were taken from Kuramea.
The lake was also a source of raranga (weaving) materials including harakeke and
paru (mud used in dying).

3.3

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 Kuramea, 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.

3.4

As a result of this history of use, there are a number of wahi taonga within
the wetland area, including middens and other evidence of occupation. These are
important as places holding the memories of Ngai Tahu tupuna. In particular, a
number of finds within the wetlands confirm the area's history as a waka (canoe
building area).

3.5

The mauri of Kuramea 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 Kuramea, 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 Kuramea 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 Kuramea
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
Kuramea 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 Kuramea.

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, Kuramea.

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.

ATTACHMENT 12.45

STATUTORY ACKNOWLEDGEMENT FOR MOTURAU (LAKE MANAPOURI),
SOUTHLAND

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Moturau (Lake Manapouri), the location of which is shown on
Allocation Plan MD 40 (SO Plan 12257).

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 Moturau
as set out below.

3

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

3.1

Moturau (or Motu-ua) 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
Moturau. Rakaihautu named the lake Motu-ua, a reference to the persistent rain
which troubled his party here.

3.2

Tamatea and his party passed this way in their journey back to their
homeland after their waka, Takitimu, broke its back at the mouth of the Waiau
River. It was Tamatea who named the lake Moturau (possibly a woman's name but
more likely to relate to the many islands found in the lake). Tamatea's party
established a camp on the edge of the lake, which is probably under water now,
and called it Whitiaka-te-ra (the shining of the sun), indicating that they
enjoyed a very different experience of the lake from Rakaihautu. Other
traditional names associated with the lake include Te Maui (North Arm), Te
Tukeroa (Beehive), Manapouri (north-eastern reach), Wairoa River (upper Waiau
River), Te Rakatu (Garnock Burn), Te Konuotu-te-Makohu (Monument), Huatea (South
Arm).

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

3.4

A number of wahi taonga and nohoanga associated with the lake are now under
its waters. Eel weirs have been found at the Monument and Hope Arm of the lake,
and there was a canoe manufacturing site at Pigeon Island. Such wahi taonga are
places holding the memories, traditions, victories and defeats of Ngai Tahu
tupuna.

3.5

As a mahinga kai, the lake was important for the fowling it offered Murihiku
coastal settlements in summer. The tupuna had considerable knowledge of
whakapapa, traditional trails and tauranga waka (landing places), places for
gathering kai and other taonga, ways in which to use the resources of Moturau,
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 Moturau 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 Moturau, 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 Moturau 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 Moturau
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
Moturau 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 Moturau.

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, Moturau.

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.