Ngai Tahu Settlement

ATTACHMENT 12.46

STATUTORY ACKNOWLEDGEMENT FOR LAKE HAUROKO,
SOUTHLAND

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Hauroko, the location of which is shown on Allocation Plan
MD 41 (SO Plan 12258).

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 Hauroko
as set out below.

3

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

3.1

Hauroko is strongly associated with urupa in the immediate vicinity,
including one on an island in the lake, known to Pakeha as Mary Island. In
particular, Ngati Rakiamoa and Ngati Ruahikihiki have several traditions about
their dead laying in this region.

3.2

Urupa 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. It is because of its proximity to these urupa that Hauroko is
considered tapu by Ngai Tahu.

3.3

The mauri of Hauroko 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 Hauroko, 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 Hauroko 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 Hauroko
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
Hauroko 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 Hauroko.

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, Hauroko.

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 12.47

STATUTORY ACKNOWLEDGEMENT FOR TE ANA-AU (LAKE TE ANAU),
SOUTHLAND

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Te Ana-Au (Lake Te Anau), the location of which is shown on
Allocation Plan MD 42 (SO Plan 12259).

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 Ana-au
as set out below.

3

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

3.1

Te Ana-au 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 Te Ana-au.

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

Te Ana-au figures in Ngai Tahu histories as one of the last places where
Ngai Tahu and Ngati Mamoe came into conflict after the peace established between
Rakiihia and Te Hautapunuiotu. After Rakiihia had died, his bones were stripped
of flesh and were buried in a cave on a cliff facing the seaside near Dunedin.
However a landslip led to the bones being uncovered. The bones were found by
Ngai Tahu fishermen and made into fish hooks, an act designed to insult. Among
Maori it was a practice to take the bones of enemy leaders who had recently
died, fashion them into fish hooks and present fish caught with them to the
enemy as a gift. Once the fish had been eaten, the enemy would be told they had
feasted on fish who had in turn feasted on their dead.

3.4

While the Ngai Tahu were fishing with their Ngati Mamoe relations, one of
the Ngai Tahu fisherman referred to the fish biting the bones of Rakiihia. The
Ngati Mamoe fisherman recognised the insult and checked the cave in which their
leader had been interned. Finding that the grave had been desecrated, the Ngati
Mamoe found and killed the son of a senior Ngai Tahu rangatira (chief). Before
the Ngai Tahu could retaliate, the Ngati Mamoe were warned that they should
leave the coast for the inland lakes where they would not be found. The Ngati
Mamoe headed to Te Ana-au. Among this Ngati Mamoe party was Rakiihia's brother,
Pukutahi. Pukutahi fell sick along Te Anau's shoreline and rested while his
followers explored the lake to find a safer place.

3.5

Approaching the lakes, Te-Hau, the leader of the Ngai Tahu party, observed
that the fugitives had divided in two, and unfortunately for Pukutahi, decided
to follow the trail up to Te Ana-au. The Ngati Mamoe camp was found and in the
morning the chiefs of Ngati Mamoe, including Pukutahi, were killed. This was to
be one of the last battles between the tribes.

3.6

The lake was an important mahinga kai in the interior. 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
Te Ana-au, 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 Te Ana-au 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 Ana-Au, 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 Ana-Au 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
Ana-Au 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
Ana-Au 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 Ana-Au.

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 Ana-Au.

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.