Ngai Tahu Settlement

ATTACHMENT 12.58

STATUTORY ACKNOWLEDGEMENT FOR KARANGARUA LAGOON, WEST
COAST

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Wetland known as Karangarua Lagoon, the location of which is shown on
Allocation Plan MD 50 (SO Plan 12512).

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
Karangarua Lagoon 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: Seasonal kainga nohoanga (settlements) were established at the mouth of the
Karangarua Lagoon for the taking of kai-awa (river-sourced foods) and manu
(birds).
3.3: Karangarua Lagoon was and still is a significant spawning ground and kohanga
(nursery) for a variety of fish species and a significant breeding area for
manu. The Lagoon remains a source of rich and abundant harvests. Pokorotutu and
Otehautumua were and are notable mahinga kai areas at the north and south ends
respectively of the Karangarua. The area is noted particularly for its tuna
(eel) and inaka (whitebait) fisheries, as a source of raranga (weaving)
materials and other useful plants including raupo, wiwi and harakeke. The
traditional practice of collecting seagull eggs from the lagoon during spring is
still carried out by local Ngai Tahu.
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 lagoon as a mahinga kai, reserves were
set aside for Ngai Tahu in this area at the time of the 1860 Arahura Deed of
Sale, and subsequently under the South Island Landless Natives Act 1906.
3.6: The mauri of Karangarua 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 Karangarua 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 Karangarua 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
Karangarua 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
Karangarua 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 Karangarua 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, Karangarua Lagoon.

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 12.59

STATUTORY ACKNOWLEDGEMENT FOR TE TAURAKA POTI (MERTON
TIDAL ARM), OTAGO