Ngai Tahu Settlement

ATTACHMENT 12.84B

DEED OF RECOGNITION FOR WAITAKI RIVER, OTAGO

(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 Waitaki River

The area which is the subject of this Deed is the bed of the River known as
Waitaki (the  Area ) the location of which is shown on Allocation Plan MD 118
(SO Plan 24723). 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 Waitaki

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 Waitaki
as set out below.

2.2

The name 'Waitaki' (a South Island variant of the name 'Waitangi' which is
found throughout the North Island) is a common place name throughout Polynesia.
Although the specific tradition behind the name has been lost in this case, it
literally means 'the waterway of tears', and the Waitaki is often referred to in
whaikorero (oratory) as representing the tears of Aoraki which spill into Lake
Pukaki and eventually make their way south along the river to the coast. This
image is captured in the whakatauaki: 'Ko Waitaki te awa, ka roimata na Aoraki i
riringi' ('Waitaki is the river, the tears spilled by Aoraki').

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

The Ngai Tahu association with the Waitaki extends back to the first human
habitation of Te Wai Pounamu. As such, the river is an essential element of the
identity of Ngai Tahu as an iwi. A moa butchery site at the mouth of the river
is one of the oldest recorded settlement sites in the island and other sites
further up the river are also extremely ancient.

2.5

The Waitaki was a traditional route to the mahinga kai resources of inland
North Otago and the once bush-clad Waitaki Valley. The use of mokihi (river
craft constructed from raupo, or reeds), to carry the spoils of hunting
expeditions down the river is particularly associated with the Waitaki, one of
the few places where the construction and navigation of these vessels is still
practised to this day.

2.6

The river also led to the central lakes district - itself a rich source of
mahinga kai - and from there across Ka Tiritiri o Te Moana (the Southern Alps)
to the treasured pounamu resource of Te Tai Poutini (the West Coast). The river
served as a major highway for such travels from both North Otago and South
Canterbury.

2.7

Thus there were numerous tauranga waka (landing places) on river. The tupuna
had an intimate knowledge of navigation, river routes, safe harbours and landing
places, and the locations of food and other resources on the river. The Waitaki
was an integral 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 a taonga. The
traditional mobile lifestyle of the people led to their dependence on the
resources of the river.

2.8

In 1877, the religious leader Te Maiharoa led his people up the Waitaki to
establish a settlement at Te Ao Marama (near modern-day Omarama), to demonstrate
his assertion that the interior had not been sold by Ngai Tahu, and therefore
still belonged to the iwi. Although the settlement was eventually broken up by
the constabulary, and the people forced to retreat back down the river, the
episode is a significant one in the long history of Te Kereme (the Ngai Tahu
Claim).

2.9

As well as acting as a route to the inland mahinga kai sources, the river
itself provided many forms of kai for those living near it or travelling on it.
The Waitaki was, and still is, noted for its indigneous fisheries, including
tuna (eel), inaka, kokopu and koaro species (whitebait), kanakana (lamprey) and
waikoura (freshwater crayfish); with aua (yellow-eyed mullet) and mohoao (black
flounder) being found at the mouth. Many of these species are diadromous
(migrating between sea and freshwater to spawn)

2.10

The extensive wetland areas formerly associated with the river once provided
important spawning, rearing and feeding grounds for all of these species and
were among the richest mahinga kai areas on the river. Although many of these
species have now been depleted, the Waitaki remains a nationally-important
fishery.

2.11

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 Waitaki, 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.

2.12

The Waitaki Valley holds one the country's major collections of rock art,
and the river itself seems to have acted as a form of cultural 'barrier' in rock
art design. The surviving rock art remnants are a particular taonga of area,
providing a unique record of the lives and beliefs of the people who travelled
the river.

2.13

Because of the long history of use of the river as both a highway and a
mahinga kai, supporting permanent and temporary nohoanga (occupation sites),
there are numerous urupa, wahi tapu and wahi taonga associated with the river.
These are all places holding the memories, traditions, victories and defeats of
Ngai Tahu tupuna, and are frequently protected by secret locations. Urupa are
the resting places of Ngai Tahu tupuna and, as such, are a particular focus for
whanau traditions.

2.14

The mauri of Waitaki 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
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, 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