Ngai Tahu Settlement

ATTACHMENT 12.48

STATUTORY ACKNOWLEDGEMENT FOR MAHI TIKUMU (LAKE AVIEMORE), OTAGO

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is the Lake known as Mahi Tikumu (Lake Aviemore), the location of which is shown on Allocation Plan MD 492 (SO Plan 24731).

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 Mahi Tikumu 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 Mahi Tikumu is obviously a comparatively recent creation
on the landscape, it 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. A number of nohoanga existed along the former river basin,
among the 170 which one record lists as existing in the Waitaki basin.

3.3

Many wahi tapu and wahi taonga were also drowned by Mahi Tikumu, including a
number of rock art sites. Other areas of the lake's catchment are awaiting
survey for rock art. 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 tuna (eel) fishery existed in the lake, although
in more recent times the customary fishery has become depleted. Freshwater
mussels (waikakahi) are also available in the 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.

3.5

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.

3.6

The area covered by 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 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 Mahi Tikumu 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 Mahi Tikumu, 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 Mahi Tikumu 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 Mahi
Tikumu 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 Mahi
Tikumu 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 Mahi Tikumu.

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, Mahi Tikumu.

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 12.49

STATUTORY ACKNOWLEDGEMENT FOR KA MOANA HAEHAE (LAKE
ROXBURGH), OTAGO

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Lake known as Ka Moana Haehae (Lake Roxburgh), the location of which is
shown on Allocation Plan MD 491 (SO Plan 24730).

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 Ka Moana
Haehae as set out below.

3

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

3.1

The name 'Ka Moana Haehae' refers to the joining of two waterways. In this
case it refers to the confluence of the Mata-au and Manuherikia Rivers over
which the lake lies.

3.2

The whole of the Mata-au (Clutha River), on which Ka Moana Haehae lies, was
part of a mahinga kai trail that led inland and was used by Otago hapu including
Ngati Kuri, Ngati Ruahikihiki, Ngati Huirapa and Ngai Tu Ahuriri. The river was
used as a highway into the interior, and provided many resources to sustain
travellers on that journey. The river was a significant indigenous fisheries,
providing tuna (eels), kanakana (lamprey) and kokopu in the area over which Ka
Moana Haehae now lies. Manu (birds), including moa, would have been taken from
areas adjoining the river, over which the lake now lies.

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 the river, the relationship of people with the river 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

The waterway was also very important in the transportation of pounamu from
inland areas down to settlements on the coast, from where it was traded north
and south. Thus there were numerous tauranga waka (landing places) along it. 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 river. The
waterway 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 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 waterway.

3.5

The mauri of Ka Moana Haehae 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 Ka Moana Haehae, 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 Ka Moana Haehae 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 Ka
Moana Haehae 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 Ka
Moana Haehae 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 Ka Moana Haehae.

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, Ka Moana Haehae.

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.