Ngai Tahu Settlement

ATTACHMENT 12.70

DEED OF RECOGNITION FOR PIKIRAKATAHI (MOUNT
EARNSLAW)

(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 Pikirakatahi

The area which is the subject of this Deed is the area known as Pikirakatahi
(Mount Earnslaw) (the "Area") as shown on Allocation Plan MS 4 (SO Plan 24666).
The Area is administered by the Department of Conservation.

2

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

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
Pikirakatahi as set out below.

2.2

The creation of Pikirakatahi (Mt Earnslaw) relates in time to Te Waka o
Aoraki, and the efforts of Tu Te Rakiwhanoa. It is said that during its
formation a wedge of pounamu was inserted into this mountain, which is the
highest and most prominent peak in this block of mountains. The mountain is also
linked to the travels of Rakaihautu, who dug out the great lakes of the interior
with his kO (a tool similar to a spade), known as Tu Whakaroria (and renamed
Tuhiraki at the conclusion of the expedition).

2.3

The origins of the name 'Pikirakatahi' have been lost, but it is known that
many places and physical features have more than one name, reflecting the
traditions of the successive iwi who peopled the land. It is, however, likely
that the name relates to Rakaihautu or subsequent people, as most of the
prominent lakes, rivers and mountains of the interior take their name from the
journey of Rakaihautu.

2.4

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.

2.5

Pikirakatahi was of crucial significance to the many generations that
journeyed to that end of Whakatipu-wai-maori (Lake Wakatipu) and beyond. Staging
camps for the retrieval of pounamu were located at the base of the mountain,
while semi-permanent settlements related to the pounamu trade were located
closer to the lake.

2.6

Pikirakatahi stands as kaitiaki (guardian) over the pounamu resource and
represented the end of a trail, with the tohu (marker) to the pounamu resource
sitting opposite on Koroka (Cosmos Peak). The tupuna (ancestors) had
considerable knowledge of whakapapa, traditional trails, places for gathering
kai (food) 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.

2.7

The retrieval of large amounts of pounamu from this source, so far inland
and over a range of physical barriers, attests to the importance of this
resource to the economy and customs of the iwi over many generations. The people
would also gather native birds for kai, and firewood with which to cook and
provide warmth, from the forests covering the lower flanks of Pikirakatahi.
Strategic marriages between hapu strengthened the kupenga (net) of whakapapa and
thus rights to use the resources of the mountain. It is because of these
patterns of activity that Pikirakatahi continues to be important to runanga
located in Otago, Murihiku and beyond. These runanga carry the responsibilities
of kaitiaki in relation to the area, and are represented by the tribal
structure, Te Runanga o Ngai Tahu.

2.8

The mauri of Pikirakatahi 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 Pikirakatahi.

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 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