Ngai Tahu Settlement

ATTACHMENT 12.63

STATUTORY ACKNOWLEDGEMENT FOR URUWERA (LAKE GEORGE),
SOUTHLAND

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Wetland known as Uruwera (Lake George), the location of which is shown on
Allocation Plan MD 59 (SO Plan 12261).

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 Uruwera
as set out below.

3

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

3.1

Lake George is known to Ngai Tahu as Uruwera, named after a descendant of
the Waitaha rangatira (chief), Rakaihautu. Uruwera's descent lines lead to Te
Ropuake, the wife of Mako, a leading chief of Ngati Irakehu of Banks Peninsula.
Te Ropuake's mother was Hine Te Awheka, wife of Te Rakiwhakaputa, another
leading Ngai Tahu chief who eventually occupied Rapaki on Banks Peninsula. Both
Mako and Te Rakiwhakaputa migrated to Canterbury with the Ngai Tahu hapu, Ngai
Tuhaitara. Examples such as this demonstrate the interconnected nature of Ngai
Tahu whakapapa.

3.2

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 Te Wai Pounamu and Ngai Tahu as an iwi.

3.3

Foods taken from this mahinga kai included tuna (eels), inaka (whitebait)
and water fowl. Uruwera has been in continual use by Ngai Tahu as a mahinga kai
for many generations. The lake is a particularly important resource for Ngai
Tahu from Oraka, Awarua and Ruapuke.

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 Uruwera, 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.

3.5

As a result of this history of use, there a number of urupa associated with
Uruwera. 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.

3.6

The mauri of Uruwera 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 Uruwera, 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 Uruwera 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 Uruwera
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
Uruwera 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 Uruwera.

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, Uruwera.

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 12.64

STATUTORY ACKNOWLEDGEMENT FOR MANAWAPOPORE/HIKURAKI
(MAVORA LAKES)

(Clause 12.2)

1

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
the Wetland known as Manawapopore/Hikuraki (Mavora Lakes), the location of which
is shown on Allocation Plan MN 77 (SO Plan 12235).

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
Manawapopore / Hikuraki as set out below.

3

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

3.1

Manawapopore and Hikuraki are part of one of the most significant catchments
in Murihiku (Southland). The wetland also lies in the path of the important
trail from the mouth of the oreti River onward, via the Greenstone Valley, to
the head of Whakatipu-wai-maori (Lake Wakatipu), or alternatively continuing
along the Greenstone Valley and out via the Hollyford to the West Coast. These
were important trading routes, to gather pounamu for exchange with northern iwi
for materials and foods unavailable in the south.

3.2

The wetland area was, therefore, 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 are regarded as taonga. The traditional mobile lifestyle of the people
led to their dependence on the resources of the area.

3.3

In addition the trails were part of summer time pursuits such as kai hau
kai, whanaungatanga (the renewal and strengthening of family links) and
arranging marriages with hapu from the neighbouring region of Otago, and further
afield. Such strategic marriages between hapu strengthened the kupenga (net) of
whakapapa and thus rights to use the resources of the area.

3.4

The Manawapopore (Upper Mavora) is noted for eel weirs, which were
constructed on the lake edges for catching eels, utilising flat stones, built in
a loop out from the lake edge, with gaps at either end and one in the middle.
Construction of the eel weir recreates the type of environment that eels like to
congregate in, hence reliable catches are made.

3.5

The tupuna had considerable knowledge of such techniques, places for
catching and gathering kai and other taonga, ways in which to use the resources
of the area, 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.

3.6

The mauri of Manawapopore / Hikuraki 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 Manawapopore/Hikuraki, 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 Manawapopore/Hikuraki
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
Manawapopore/Hikuraki 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
Manawapopore/Hikuraki 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 Manawapopore/Hikuraki.

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, Manawapopore/Hikuraki.

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.