Ngai Tahu Settlement

ATTACHMENT 12.56

STATUTORY ACKNOWLEDGEMENT FOR OKARITO LAGOON, WEST
COAST

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Wetland known as Okarito Lagoon, the location of which is shown on
Allocation Plan MD 47 (SO Plan 12510).

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 Okarito
Lagoon as set out below.

3

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

3.1

The Okarito Lagoon area was traditionally occupied by the Ngati Wairaki and
Rapuwai hapu before Ngai Tahu gained manawhenua (tribal authority over the
area). The area was important as the site of the Ngati Wairaki Whare Wananga. It
was to this wananga that the Ngai Tahu rangatira (chiefs) went so as to learn
the whakapapa to the South Island. For Ngai Tahu, histories such as this
reinforce tribal identity and solidarity, and continuity between generations,
and document the events which shaped the environment of Ngai Tahu as an iwi.

3.2

Okarito is well known as the place occupied by the kotuku (white heron) and
there are many Ngai Tahu waiata (songs) that tell the tale of the kotuku.

3.3

The lagoon was also a rich mahinga kai. 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
lagoon, the relationship of people with the lagoon 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 mauri of Okarito 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 Okarito Lagoon, 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 Okarito Lagoon 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 Okarito
Lagoon 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
Okarito Lagoon 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 Okarito Lagoon.

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, Lake Okarito.

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 12.57

STATUTORY ACKNOWLEDGEMENT FOR POUERUA (SALTWATER
LAGOON), WEST COAST

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Wetland known as Pouerua (Saltwater Lagoon), the location of which is shown
on Allocation Plan MD 48 (SO Plan 12511).

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 Pouerua
as set out below.

3

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

3.1

Manawhenua (tribal authority over the area) was gained for Ngai Tahu by the
rangatira (chief) Tuhuru, who defeated Ngati Wairaki, Ngati Mamoe, Tumatakokiri
and Ngati Toa. For Ngai Tahu, histories such as this reinforce tribal identity
and solidarity, and continuity between generations, and document the events
which shaped Ngai Tahu as an iwi.

3.2

Pouerua once supported a number of significant kainga nohoanga (settlements)
including one on the lagoon itself, and others at the mouths of the Waitangi
Taona, Waitangi Roto, Whataroa and Poherua Rivers. As a result of this pattern
of occupation, there are urupa and archaeological sites associated with Pouerua.
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.

3.3

Pouerua was and still is a significant spawning ground and kohanga (nursery)
for a variety of fish species and a significant breeding area for manu (birds).
The Lagoon remains a source of rich and abundant harvests.

3.4

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 lagoon, the relationship of people with the lagoon 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.

3.5

As a mark of the significance of the area as a mahinga kai and because of
the kainga nohoanga, reserves were set aside for Ngai Tahu in this area at the
time of the 1860 Arahura Deed of Sale. It was at Pouerua in 1860 that the Crown
agent James Mackay sealed the purchase of Te Tai Poutini (the West Coast) from
the chiefs of Poutini Ngai Tahu, although the Arahura Deed giving effect to this
purchase was actually signed at Mawhera.

3.6

The mauri of Pouerua 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 lagoon.

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 Pouerua, 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 Pouerua 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 Pouerua
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
Pouerua 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 Pouerua.

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, Pouerua.

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.