Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 12.65

DEED OF RECOGNITION FOR HANANUI (MOUNT ANGLEM)

(Clause 12.3)

THIS DEED IS MADE ON

BETWEEN:

(1)

TE RUNANGA O NGAI TAHU ("Te Runanga")

(2)

HER MAJESTY THE QUEEN in right of New Zealand acting by the Minister of Conservation (the "Crown")

BACKGROUND

A

On [ ] Te Runanga and the Crown entered into a Deed of Settlement (the "Deed of Settlement") recording the matters required to give effect to a settlement of all of the historical claims of Ngai Tahu Whanui.

B

Pursuant to section [ ] of the Settlement Legislation (clause 12.3 of the Deed of Settlement), Te Runanga and the Crown agreed to enter into Deeds of Recognition acknowledging, on the terms identified below, Te Runanga's statement of the cultural, spiritual, historic and/or traditional association on which the mana and tangata whenua status of Ngai Tahu in relation to specific areas is based.

ACCORDINGLY, the parties acknowledge and agree as follows:

1

Specific Area of Hananui

The area which is the subject of this Deed is the area known as Hananui (Mt
Anglem) (the "Area") as shown on Allocation Plan MS 264 (SO Plan 12249). The
Area is administered by the Department of Conservation.

2

Cultural, Spiritual, Historic and/or Traditional Associations of
Hananui

2.1

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 Hananui
as set out below.

2.2

As with all principal maunga (mountains), Hananui is imbued with the
spiritual elements of Raki and Papa, in tradition and practice regarded as an
important link to the primeval parents.

2.3

The name Hananui is derived from an event involving the tupuna (ancestor)
Rakitamau, a chief of Te Taumutu, and son of Tu Te Kawa. Rakitamau became a
widower through the unfortunate death of his wife. Rakitamau journeyed to
Motunui (as Rakiura was called then) seeking the hand of a tribally renowned
wahine (woman) to take her place, as in his view she would increase his standing
due to her mana, reflected in her connections to the land and important people
of Rakiura.

2.4

On his arrival at her village, Rakitamau asked for the woman by name, only
to be told by a laughing group of women she was tapui (betrothed or set apart).
At this, Rakitamau blushed deeply. When he then asked for her sister the people
laughed loudly, as they told him she was tapui also. This news made him blush
further so that his cheeks flamed. He left the island never to return and the
women were so amused that they named the highest point on the island Hananui,
referring to the great glow of Rakitamau, in memory of the event. Rakiura itself
takes its name from the glowing skies of this region, the aurora lights.

2.5

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.

2.6

Putatara was an old settlement under the lee of Hananui, a place to which an
Otago rangatira (chief), Tukiauau, retired to seek refuge.

2.7

The mauri of Hananui 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 Hananui.

3

Role of Te Runanga

3.1

By reason of the Crown's acknowledgement of the association described in
clause 2, Te Runanga must be consulted and particular regard had to its views
relating to the association described in clause 2 concerning the following
management and administration activities which may be undertaken from time to
time by the Crown in relation to the land within the Area:

(a)

the preparation, consistent with Part IIIA of the Conservation Act and
sections 40A and 40B of the Reserves Act, of all Conservation Management
Strategies and Conservation Management Plans which relate to the Area;

(b)

the preparation of all non-statutory plans, strategies or programmes for the
protection and management of the Area in the relation to the following:

(i)

any programme to identify and protect indigenous plants;

(ii)

any survey to assess current and future visitor activities;

(iii)

any programme to identify and protect wildlife;

(iv)

any programme to eradicate pests or other introduced species; or

(v)

any survey to identify the number and type of concessions which may be
appropriate; and

(c)

the location, construction and relocation of any structures, huts, signs and
tracks.

3.2

In order to enable Te Runanga to fulfil its role under clause 3.1 the Crown
will provide Te Runanga with relevant information to enable Te Runanga to
consider and advise its views to the Crown on any matter on which it is
consulted.

3.3

The Crown will inform Te Runanga of all concession applications to the Area
(but retains the discretion to withhold commercially sensitive material).

4

Other Provisions

Pursuant to sections [        ] of the Settlement Legislation
(clauses 12.2.4, 12.2.5 and 12.2.10 of the Deed of Settlement):

4.1

except as expressly provided in this Deed of Recognition:

(a)

this Deed of Recognition 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 4.1(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 the
Area than that person or entity would give under the relevant statute,
regulation or bylaw, as if this Deed of Recognition did not exist in respect of
the Area;

4.2

unless expressly provided in this Deed of Recognition, this Deed will not
affect the lawful rights or interests of any third party from time to time;

4.3

unless expressly provided in this Deed of Recognition, this Deed 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, the Area.

4.4

Nothing in this Deed requires the Crown to undertake any management function
referred to in clause 3 above.

5

Alienation of Land

Pursuant to section [    ] of the Settlement Legislation (clause 12.2.8 of
the Deed of Settlement), in the event that the Area is alienated by the Crown,
this Deed of Recognition will automatically be terminated (and the right of
first refusal set out in section [    ] of the Settlement Legislation (Section 9
of the Deed of Settlement) will apply).

6

Change in Management

If there is a change in the Crown entity managing the Area or the applicable
statutory management regime over the Area, the Crown will take reasonable steps
to ensure that Te Runanga continues to have input into the management of the
Area through the negotiation, by the Minister responsible for the new management
or management regime, of a new or amended Deed of Recognition to replace this
Deed of Recognition.

7

Interpretation

7.1

Terms defined in the Deed of Settlement will have the same meaning in this
Deed. In addition:

concession has the meaning given to it in the Conservation Act 1987.

7.2

To the extent that any inconsistencies exist between this Deed of
Recognition and the Deed of Settlement the provisions of the Deed of Settlement
will prevail.

EXECUTED as a Deed on [ ]

SIGNED for and on behalf of )

HER MAJESTY THE QUEEN in )

right of New Zealand by [ ], )

Minister of Conservation in the )

presence of: ) ___________________________

[ ]

_____________________________

Witness

_____________________________

Signature

_____________________________

Occupation

_____________________________

Address

THE SEAL of )

TE RUNANGA O NGAI TAHU )

was affixed to this document in the )

presence of: )

_______________________________ Runanga Representative

________________________________ Secretary

ATTACHMENT 12.66

DEED OF RECOGNITION FOR UERAU (MOUNT UWERAU)

(Clause 12.3)

THIS DEED IS MADE ON

BETWEEN:

(1)

TE RUNANGA O NGAI TAHU ("Te Runanga")

(2)

HER MAJESTY THE QUEEN in right of New Zealand acting by the Minister of
Conservation (the "Crown")

BACKGROUND

A

On [ ] Te Runanga and the Crown entered into a Deed of Settlement (the "Deed
of Settlement") recording the matters required to give effect to a settlement of
all of the historical claims of Ngai Tahu Whanui.

B

Pursuant to section [ ] of the Settlement Legislation (clause 12.3 of the
Deed of Settlement), Te Runanga and the Crown agreed to enter into Deeds of
Recognition acknowledging, on the terms identified below, Te Runanga's statement
of the cultural, spiritual, historic and/or traditional association on which the
mana and tangata whenua status of Ngai Tahu in relation to specific areas is
based.

ACCORDINGLY, the parties acknowledge and agree as follows:

1

Specific Area of Uerau

The area which is the subject of this Deed is the area known as Uerau (Mount
Uwerau) (the "Area") as shown on Allocation Plan MS 101 (SO Plan 7318). The Area
is administered by the Department of Conservation.

2

Cultural, Spiritual, Historic and/or Traditional Associations of
Uerau

2.1

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 Uerau as
set out below.

2.2

The name 'Uwerau' should properly be spelt 'Uerau', which is the name of an
important a Ngai Tahu tupuna (ancestor) with Ngati Mamoe descent lines. In
particular, those descent lines lead down to Tura, a principal tupuna for Ngati
Mamoe, Ngati Wairaki and Rapuwai - all of which are constituents of the iwi
known today as Ngai Tahu. For Ngai Tahu, such placing of tupuna names on
significant landscape features serves as a reminder of tribal identity and
solidarity, and continuity between generations, and documents the events that
have shaped the environment of Te Wai Pounamu and Ngai Tahu as an iwi.

2.3

As with all principal maunga (mountains), Uerau is imbued with the spiritual
elements of Raki and Papa, in tradition and practice regarded as an important
link to the primeval parents. Like the rest of the mountains in this region,
Uerau is closely connected with the Arai Te Uru tradition, which tells that many
of the mountains of the Southern Alps and Kaikoura Ranges are the manifestations
of the survivors of the Arai Te Uru waka (canoe) which foundered at Moeraki, on
the north Otago coast.

2.4

This area was used by Ngai Tahu as a mahinga kai (food gathering place)
where birds, particularly titi (muttonbirds) were harvested. The tupuna had
considerable knowledge of such places for gathering kai and other taonga, ways
in which to use the resources of the land, the relationship of people with the
land 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.

2.5

There are a number of urupa (burial places) in this area unique to the
descendants of Tura. 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.

2.6

The Kati Kuri hapu of Ngai Tahu has manawhenua (tribal authority over land)
and carries the responsibilities of kaitiaki in relation to the area. The hapu
is represented by the tribal structure, Te Runanga o Ngai Tahu.

2.7

The mauri of Uerau 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 land.

3

Role of Te Runanga

3.1

By reason of the Crown's acknowledgement of the association described in
clause 2, Te Runanga must be consulted and particular regard had to its views
relating to the association described in clause 2 concerning the following
management and administration activities which may be undertaken from time to
time by the Crown in relation to the land within the Area:

(a)

the preparation, consistent with Part IIIA of the Conservation Act and
sections  40A and 40B of the Reserves Act, of all Conservation Management
Strategies and Conservation Management Plans which relate to the Area;

(b)

the preparation of all non-statutory plans, strategies or programmes for the
protection and management of the Area in the relation to the following:

(i)

any programmes to identify and protect indigenous plants;

(ii)

any survey to assess current and future visitor activities;

(iii)

any programme to identify and protect wildlife;

(iv)

any programme to eradicate pests or other introduced species; or

(v)

any survey to identify the number and type of concessions which may be
appropriate; and

(c)

the location, construction and relocation of any structures, huts, signs and
tracks.

3.2

In order to enable Te Runanga to fulfil its role under clause 3.1 the Crown
will provide Te Runanga with relevant information to enable Te Runanga to
consider and advise its views to the Crown on any matter on which it is
consulted.

3.3

The Crown will inform Te Runanga of all concession applications to the Area
(but retains the discretion to withhold commercially sensitive material).

4

Other Provisions

Pursuant to sections [        ] of the Settlement Legislation
(clauses 12.2.4, 12.2.5 and 12.2.10 of the Deed of Settlement):

4.1

except as expressly provided in this Deed of Recognition:

(a)

this Deed of Recognition 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 4.1(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 the
Area than that person or entity would give under the relevant statute,
regulation or bylaw, as if this Deed of Recognition did not exist in respect of
the Area;

4.2

unless expressly provided in this Deed of Recognition, this Deed will not
affect the lawful rights or interests of any third party from time to time;

4.3

unless expressly provided in this Deed of Recognition, this Deed 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, the Area.

4.4

Nothing in this Deed requires the Crown to undertake any management function
referred to in clause 3 above.

5

Alienation of Land

Pursuant to section [    ] of the Settlement Legislation (clause 12.2.8 of
the Deed of Settlement), in the event that the Area is alienated by the Crown,
this Deed of Recognition will automatically be terminated (and the right of
first refusal set out in section [    ] of the Settlement Legislation (Section 9
of the Deed of Settlement) will apply).

6

Change in Management

If there is a change in the Crown entity managing the Area or the applicable
statutory management regime over the Area, the Crown will take reasonable steps
to ensure that Te Runanga continues to have input into the management of the
Area through the negotiation, by the Minister responsible for the new management
or management regime, of a new or amended Deed of Recognition to replace this
Deed of Recognition.

7

Interpretation

7.1

Terms defined in the Deed of Settlement will have the same meaning in this
Deed. In addition:

concession has the meaning given to it in the Conservation Act 1987.

7.2

To the extent that any inconsistencies exist between this Deed of
Recognition and the Deed of Settlement the provisions of the Deed of Settlement
will prevail.

EXECUTED as a Deed on [ ]

SIGNED for and on behalf of )

HER MAJESTY THE QUEEN in )

right of New Zealand by [ ], )

Minister of Conservation in the )

presence of: ) ___________________________

[ ]

_____________________________

Witness

_____________________________

Signature

_____________________________

Occupation

_____________________________

Address

THE SEAL of )

TE RUNANGA O NGAI TAHU )

was affixed to this document in the )

presence of: )

_______________________________ Runanga Representative

________________________________ Secretary