Ngai Tahu Settlement

ATTACHMENT 12.67

DEED OF RECOGNITION FOR AORAKI

(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 Aoraki

The area which is the subject of this Deed is the area known as Aoraki /
Mount Cook (the "Area") as shown on Allocation Plan MS 1 (SO Plan 19831). The
Area is administered by the Department of Conservation.

2

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

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 Aoraki as
set out below.

2.2

In the beginning there was no Te Wai Pounamu or Aotearoa. The waters of Kiwa
rolled over the place now occupied by the South Island, the North Island and
Stewart Island. No sign of land existed.

2.3

Before Raki (the Sky Father) wedded Papa-tua-nuku (the Earth Mother), each
of them already had children by other unions. After the marriage, some of the
Sky Children came down to greet their father's new wife and some even married
Earth Daughters.

2.4

Among the celestial visitors were four sons of Raki who were named Ao-raki
(Cloud in the Sky), Raki-roa (Long Raki), Raki-rua (Raki the Second), and
Raraki-roa (Long Unbroken Line). They came down in a canoe which was known as Te
Waka o Aoraki. They cruised around Papa-tua-nuku who lay as one body in a huge
continent known as Hawaiiki.

2.5

Then, keen to explore, the voyagers set out to sea but no matter how far
they travelled, they could not find land. They decided to return to their
celestial home but the karakia (incantation) which should have lifted the waka
(canoe) back to the heavens failed and their craft ran aground on a hidden reef
turning to stone and earth in the process.

2.6

The waka listed and settled with the west side much higher out of the water
than the east. Thus the whole waka formed the South Island, hence the name: Te
Waka o Aoraki. Aoraki and his brothers clambered on to the high side and were
turned to stone. They are still there today. Aoraki is the mountain known to
Pakeha as Mount Cook, and his brothers are the next highest peaks near him. The
form of the island as it now is owes much to the subsequent deeds of Tu Te
Rakiwhanoa, who took on the job of shaping the land to make it fit for human
habitation.

2.7

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.

2.8

The meltwaters that flow from Aoraki are sacred. On special occasions of
cultural moment, the blessings of Aoraki are sought through taking of small
amounts of its 'special' waters, back to other parts of the island for use in
ceremonial occasions.

2.9

The mauri of Aoraki 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 mountain.

2.10

The saying 'he kapua kei runga i Aoraki, whakarewa whakarewa' ('the cloud
that floats aloft Aoraki, for ever fly, stay aloft') refers to the cloud that
often surrounds Aoraki. Aoraki does not always 'come out' for visitors to see,
just as that a great chief is not always giving audience, or on 'show'. It is
for Aoraki to choose when to emerge from his cloak of mist, a power and
influence that is beyond mortals, symbolising the mana of Aoraki.

2.11

To Ngai Tahu, Aoraki represents the most sacred of ancestors, from whom Ngai
Tahu descend and who provides the iwi with its sense of communal identity,
solidarity and purpose. It follows that the ancestor embodied in the mountain
remains the physical manifestation of Aoraki, the link between the supernatural
and the natural world. The tapu associated with Aoraki is a significant
dimension of the tribal value, and is the source of the power over life and
death which the mountain possesses.

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
section 47 of the National Parks Act, of all Conservation Management Strategies
and/or National Park 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 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 departmental guidelines for search and rescue programmes;

(iv)

any programme to identify and protect wildlife;

(v)

any programme to eradicate pests or other introduced species; or

(vi)

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