Ngai Tahu Settlement

ATTACHMENT 12.60

STATUTORY ACKNOWLEDGEMENT FOR WAIHOLA/WAIPORI WETLAND,
OTAGO

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Wetland known as Waihola/Waipori, the location of which is shown on
Allocation Plan MD 55 (SO Plan 24721).

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
Waihola/Waipori as set out below.

3

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

3.1

The Waihola/Waipori wetlands were once one of the most significant food
baskets in the Otago region, and featured in the seasonal activity of the
coastal settlements as far away as the Otago Peninsula and harbour area,
Purakaunui and Puketeraki. The wetlands were once much larger in water area and
deeper than at present, connected by a labyrinth of waterways and having a
gravel bed which has now been overlaid by silt and mud.

3.2

The names 'Waihola/Waipori' are likely of Waitaha deriviation, with 'hola'
being the Waitaha form of 'hora' meaning flat, spread out or widespread.
'Waipori' may in fact be a misrecording of 'Waipouri', which is used in many
older manuscripts, being a reference to the dark, tanin-stained water the
wetland receives from Waipori River, a heavily wooded catchment.

3.3

The Waihola/Waipori area was visited and occupied by Waitaha, Ngati Mamoe
and Ngai Tahu in succession, who through conflict and alliance, have merged in
the whakapapa (genealogy) of Ngai Tahu Whanui. The wetland supported a number of
pa within its environs and nearby. For example, Whakaraupuka, the pa of the
Ngati Mamoe chief Tukiauau was located in the area now known as Sinclair
Wetlands, although Tukiauau eventually relocated further to the south as the
southward movement of his Ngai Tahu foes became uncomfortably close.

3.4

There were also many nohoanga (temporary campsites) located within the
complex, used by food gathering parties which would travel to the lakes and camp
on the fringes for two to three days to gather kai; to eel, hunt water fowl and
gather flax. There were also permanent or semi-permanent settlements located in
a number of locations around the lakes, some on islands in the wetlands system.

3.5

A number of other settlements further afield were also dependant on the
mahinga kai resources of Waihola/Waipori for sustenance, including Tu
Paritaniwha Pa near Momona, Omoua Pa above Henley, Maitapapa (Henley area), the
Kaik south of Henley and Takaaihitau near the old Taieri Ferry bridge, in
addition to other settlements adjacent to the Taieri River up and downstream of
the wetlands. Otakou and Puketeraki hapu would also make seasonal visits to
gather resources and strengthen and maintain the kupenga (net) of whakapapa on
which their rights to use those resources were based.

3.6

There is an account which tells of a sudden flood which required people
trapped on the bank at a place called Whakaraupo, on the network of waterways
that link Waihola with Waipori, to hastily construct a mokihi out of raupo to
reach safety. A meeting place was opened here in 1901 by the locals, the house
was named Te Waipounamu.

3.7

For Ngai Tahu, histories such as these 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.

3.8

Waihola/Waipori was a key mahinga kai resource for Ngai Tahu based along the
Otago coastal region, where an abundance of tuna (eel), inaka (whitebait),
patiki (flounder) and other indigenous fish were available. Waterfowl and fibre
resources such as harakeke and raupo were also easily accessible from the
wetlands. Spearing, setting hinaki and nets, and bobbing for eel were regular
activities on the wetlands in the season. The gathering of young ducks in the
moult, and the catching of herons, pukeko and other birds supplemented the broad
range of kai available from the wetlands.

3.9

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 Waihola/Waipori, 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.

3.10

The attractiveness of Waihola/Waipori as a mahinga kai was enhanced by their
accessibility. With the direct link to the Taieri River, access via the Taieri
to villages on the banks of the Taieri River, upstream and down, and access by
waka to the coast and northward to otakou, kai and other resources gathered from
the wetlands could be transported back to these home bases with relative ease.

3.11

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 wetlands. 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.

3.12

Because of the long history of use of Waihola/Waipori as a mahinga kai,
supporting permanent and temporary settlements, there are numerous urupa, wahi
tapu and wahi taonga associated with the wetlands. These are all places holding
the memories, traditions, victories and defeats of Ngai Tahu tupuna, and are
frequently protected by secret locations. Urupa are the resting places of Ngai
Tahu tupuna and, as such, are a particular focus for whanau traditions.

3.13

The mauri of Waihola/Waipori 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 wetlands. The wetlands represent, in
their resources and characteristics, a strong element of identity for those who
had manawhenua (tribal authority over the area) whose tupuna were nurtured on
the food and resources of the wetlands for generations.

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 Waihola/Waipori, 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 Waihola/Waipori 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
Waihola/Waipori 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
Waihola/Waipori 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 Waihola/Waipori.

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, Waihola/Waipori.

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.