Ngai Tahu Settlement

ATTACHMENT 12.77B

DEED OF RECOGNITION FOR MAKAAWHIO (JACOBS RIVER), WEST
COAST

(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 Makaawhio

The area which is the subject of this Deed is the bed of the River known as
Makaawhio (Jacobs River), (the  Area ) the location of which is shown on
Allocation Plan MD 111 (SO Plan 12514). The Area is administered by both the
Department of Conservation and the Commissioner of Crown Lands.

2

Cultural, Spiritual, Historic and/or Traditional Associations of Ngai
Tahu to Makaawhio

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 Makaawhio
as set out below.

2.2

According to legend, the Makaawhio River is associated with the Patupaiarehe
(flute playing fairies) and Maeroero (ogres of the forest). It is said that
Tikitiki o Rehua was slain in the Makaawhio River by the Maeroero. The name
'Tikitiki o Rehua' is now attached to the ridge of hills (sometimes called
Jacobs Ridge) on the north bank of the Makaawhio River.

2.3

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.

2.4

Manawhenua (tribal authority over the area) was gained for Ngai Tahu by the
rangatira (chief) Tuhuru, who defeated Ngati Wairaki, Ngati Mamoe and
Tumatakokiri. That manawhenua was cemented by the establishment of kainga
nohoanga (permanent settlements) at the mouth and on both banks of the river
because of the plentiful supply of mahinga kai from the river and its estuary
and surrounds. A northern settlement strategically sited on Tahikeakai (Jacobs
Bluff) acted as a sentry lookout that warned of approaching visitors.

2.5

As a result of this pattern of occupation, there are a number of urupa and
wahi tapu along the river. Urupa are the resting places of Ngai Tahu tupuna and,
as such, are the focus for whanau traditions. Urupa and wahi tapu are places
holding the memories, traditions, victories and defeats of Ngai Tahu tupuna, and
are frequently protected by secret locations.

2.6

The Makaawhio was and still is the source of a range of mahinga kai. Rocks
at the mouth of the river still provide an abundance of kaimoana (seafood). The
estuary of the river itself still provides an abundance of kaiawa (freshwater
fisheries), including tuna (eels), patiki (flounders) and inaka (whitebait) and
remains a significant kohanga (nursery) for a variety of fish species.

2.7

The area is still a significant manu (bird) breeding area, once yielding a
rich harvest. The flora of the area provided not only food, but also the raw
materials for raranga (weaving), rongoa (medicines) and the building of waka
(canoes) and whare (houses).

2.8

In addition to its bounty of mahinga kai resources, the Makaawhio is a
source of the mineral malachite (Aotea).

2.9

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 the river, the relationship of people with the river 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.

2.10

Because of the kainga nohoanga, reserves were set aside on the river for
Ngai Tahu at the time of the 1860 Arahura Deed of Sale. One of these was an
urupa, where notable Ngai Tahu tupuna Te Koeti Turanga and Wi Katau Te Naihi are
buried, among others.

2.11

The mauri of the Makaawhio 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 river.

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 those parts of the riverbed within the Area
that are administered by the Department of Conservation:

(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.

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