Ngai Tahu Settlement

ATTACHMENT 12.79A

DEED OF RECOGNITION FOR WAIPARA RIVER,
CANTERBURY

(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 Commissioner of
Crown Lands (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 Waipara River

The area which is the subject of this Deed is the bed of the River known as
Waipara (the  Area ), the location of which is shown on Allocation Plan MD 113
(SO Plan 19849). The Area is administered by both the Commissioner of Crown
Lands and the Department of Conservation.

2

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

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 Waipara
as set out below.

2.2

Tradition tells of the duel between two famous rangatira (chiefs) which
happened in this area. Tutewaimate, a Ngati Mamoe rangatira from Rakaia, found
that the northward trade route that he sent his goods along was being disrupted
by Moko, a rangatira of the Ngati Kuri hapu of Ngai Tahu who had been acting as
a bandit along the route. Tutewaimate went to confront Moko, who lived in a cave
at Waipara, but found him sleeping. Tutewaimate allowed Moko to awake before
attacking him. Tutewaimate's sense of fair play cost him his life and is
recalled in a tribal proverb.

2.3

For Ngai Tahu, histories such as this reinforce tribal identity and
solidarity, and continuity between generations, and document the events which
shaped Ngai Tahu as an iwi.

2.4

There are a number of Ngati Wairaki, Ngati Mamoe and Ngai Tahu urupa and
wahi tapu along the river and associated coastline. 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.

2.5

The river and associated coastline was also a significant mahinga kai, with
kai moana, particularly paua, being taken at the mouth. 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.

2.6

The mauri of the Waipara River 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 river bed within the Area
that are administered by the Commissioner of Crown Lands:

(a)

the consideration of any application to the Crown for any rights for use or
occupation (including any renewals) in relation to the Area, including the terms
and conditions of rights of use or occupation.

3.2

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
matters concerning the management and administration of the land within the Area
if at any time the Crown at its discretion, undertakes these activities:

(a)

the preparation of any plans, strategies or programmes for the protection
and management of the area (including the involvement of Te Runanga in such
plans, strategies, or programmes);

(b)

any survey to identify the number and type of uses which are appropriate in
relation to the Area; and

(c)

any programme to eradicate noxious flora or fauna from the Area.

3.3

In order to enable Te Runanga to fulfil its role under clause 3.1 and 3.2,
the Crown will:

(a)

inform Te Runanga of any applications to the Crown for rights or use or
occupation (including any renewals) in relation to the Area (but retains the
right to withhold commercially sensitive information); and

(b)

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.

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.

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 [ ], )

the Commissioner of Crown Lands )

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