Ngai Tahu Settlement

ATTACHMENT 12.52

STATUTORY ACKNOWLEDGEMENT FOR O TU WHAREKAI (ASHBURTON
LAKES), CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Wetland known as O Tu Wharekai (Ashburton Lakes), the location of which is
shown on Allocation Plan MD 53 (SO Plan 19841).

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 O Tu
Wharekai as set out below.

3

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

3.1

The creation of the O Tu Wharekai wetlands is associated with Tu Te
Rakiwhanoa and his shaping of Te Wai Pounamu (the South Island) to make it
habitable for humans. The O Tu Wharekai complex was created as Tu Te Rakiwhanoa
arranged the debris in the Waka a Aoraki while forming the harbours and plains
and heaping up mountains of the interior.

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 'O Tu Wharekai' actually relates to the part of the complex known
as the Maori Lakes. The other lakes and wetlands which make up the complex also
have their own names.

3.4

Important nohoanga (settlements) associated with seasonal mahinga kai
gathering and travel to and through this area included: Tutaewera, Hatere, Uhi,
Matakou, Kirihonuhonu, Otautari, Punataka, Te Kiakia, Tamatakou.

3.5

The complex was a part of the seasonal trail of mahinga kai and resource
gathering, and hapu and whanau bonding. 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
wetlands. Mahinga kai resources taken from the area included: tuna (eels), weka,
kaka, kereru, tui, pukeko and other waterfowl, aruhe, kiore, kauru, matai and
pokaka.

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 wetlands, the relationship of people with the area 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 O Tu Wharekai 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 area.

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 O Tu Wharekai, 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 O Tu Wharekai 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 O Tu
Wharekai 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 O Tu
Wharekai 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 O Tu Wharekai.

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, O Tu Wharekai.

5.4

In this Statutory Acknowledgement "Wetland" means a permanently or
intermittently wet area, shallow water and land water margin that supports a
natural ecosystem of plants and animals that are adapted to wet conditions, but
does not include:

(a)

any part of the bed of the wetland which is not in Crown ownership or
control from time to time;

(b)

any land bordering the wetland;

(c)

any river or watercourse, artificial or otherwise, draining into or out of
the wetland; or

(d)

any lake.

ATTACHMENT 12.53

STATUTORY ACKNOWLEDGEMENT FOR ORAKIPAOA WETLAND,
CANTERBURY

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Wetland known as Orakipaoa the location of which is shown on Allocation Plan
MD 54 (SO Plan 19842).

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 Orakipaoa
as set out below.

3

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

3.1

The creation of the Orakipaoa wetlands is associated with Tu Te Rakiwhanoa
and his shaping of the island to make it habitable for humans. Orakipaoa was
created as Tu Te Rakiwhanoa arranged the debris in the Waka a Aoraki while
forming the harbours and plains and heaping up mountains of the interior.

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

One of the first explorers recorded in the area was Rakaihouia, son of
Rakaihautu, who was given the task of exploring the east coast of the South
Island for suitable harbours, settlement sites and food resources. Rakaihouia
met up with Rakaihautu at Waihao, just to the south of Orakipaoa, as Rakaihautu
returned overland from Murihiku. From the time of Rakaihouia, the area was
occupied in succession by Waitaha, Ngati Mamoe and Ngai Tahu, who established a
number of settlements and pa at Orakipaoa.

3.4

The old pa site of Te Wai-a-rua-ti was occupied as a strong defensive
position during the time of Te Rauparaha and earlier periods. The kainga of Te
Rehe was on an island (Harakeke Tautoro) which was once surrounded by extensive
swamplands, through which ran numerous creeks and waterways. Other pa and
settlements within the Orakipaoa wetland complex include Orahui and Hawea.

3.5

As well as being an area of permanent occupation, orakipaoa formed part of
numerous trails. Trails followed river valleys into the interior, as the
populous settlements in the area required regular excursions to gather mahinga
kai and other resources from further afield. Orakipaoa was also a tauranga waka
and one of the stopping-off places for those travelling between Taumutu and
Otakou.

3.6

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 trails. The wetlands were 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 is regarded as a taonga. The traditional mobile lifestyle of the people led
to their dependence on the resources of the wetlands.

3.7

Mahinga kai resources were gathered from Orakipaoa over many generations. A
wide range of mahinga kai were found within the complex, including coastal and
estuarine as well as freshwater resources. The area was renowned for its eeling
and bird hunting. Other fisheries for which the area was known included inaka
(whitebait) and wet fish, minnows, the now-extinct grayling, giant kokopu,
flounders, mullet, and small fish known as panako, pipiki and paraki. The
complex was also a source of ti kouka (cabbage tree).

3.8

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 wetlands, the relationship of people with the area 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.

3.9

The mauri of Orakipaoa 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 area.

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 Orakipaoa, 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 Orakipaoa 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
Orakipaoa 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
Orakipaoa 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 Orakipaoa.

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, Orakipaoa.

5.4

In this Statutory Acknowledgement "Wetland" means a permanently or
intermittently wet area, shallow water and land water margin that supports a
natural ecosystem of plants and animals that are adapted to wet conditions, but
does not include:

(a)

any part of the bed of the wetland which is not in Crown ownership or
control from time to time;

(b)

any land bordering the wetland;

(c)

any river or watercourse, artificial or otherwise, draining into or out of
the wetland; or

(d)

any lake.