Ngai Tahu Settlement

ATTACHMENT 12.68

DEED OF RECOGNITION FOR TITITEA (MOUNT
ASPIRING)

(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 Tititea

The area which is the subject of this Deed is the mountain known as Tititea (Mount Aspiring), located in the Mount Aspiring National Park (the "Area") as shown on Allocation Plan MS 2 (SO Plan 24665). The Area is administered by the Department of Conservation.

2

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

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 Tititea as set out below.

2.2

As with all principal maunga (mountains), Tititea is imbued with the spiritual elements of Raki and Papa, in tradition and practice regarded as an important link to the primeval parents. Tititea is a prominent and majestic peak, clearly visible from a number of vantage points in the south and its role in Ngai Tahu's creation stories gives rise to its tapu status. From the heights above Te Ana-au (Lake Te Anau), it is a particularly impressive sight when the sun is setting.

2.3

The most common Ngai Tahu name for the mountain known to Pakeha as Mount Aspiring is Tititea, referring to the mountain's white peak. It is not unusual, however, for places and physical features to have more than one name, reflecting the traditions of the successive iwi who peopled the land. Other names for the mountain include 'Makahi Ta Rakiwhanoa' (referring to a wedge belonging to Tu Te Rakiwhanoa) and 'Otapahu', which may refer to a type of dogskin cloak.

2.4

The Bonar Glacier is known as Hukairoroa Ta Parekiore (which refers to the long, hard glacial ice and crevasses formed by Parekiore). Parekiore was a giant who used to stalk up and down the South and North Islands taking titi (muttonbirds) northwards and returning with kumara. The lakes represent his footprints and the frozen splashes from his footsteps in the south were transformed into glaciers.

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

The area was 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 continues to be held by whanau and hapu and is regarded as taonga. The
traditional mobile lifestyle of the people led to their dependence on the
resources of the land.

2.7

The mauri of Tititea 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.

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 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