Ngai Tahu Settlement

ATTACHMENT 12.88B

DEED OF RECOGNITION FOR MATA-AU (CLUTHA 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' 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 Mata-au

The area which is the subject of this Deed is the bed of the River known as
Mata-au (Clutha River), (the  Area ) the location of which is shown on
Allocation Plan MD 122 (SO Plan 24727). 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 Mata-au

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 Mata-au
as set out below.

2.2

The Mata-au river takes its name from a Ngai Tahu whakapapa that traces the
genealogy of water. On that basis, the Mata-au is seen as a descendant of the
creation traditions. 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.

2.3

On another level, the Mata-au was part of a mahinga kai trail that led
inland and was used by otakau hapu including Ngati Kuri, Ngati Ruahikihiki,
Ngati Huirapa and Ngai Tu Ahuriri. 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.

2.4

The river was also very important in the transportation of pounamu from
inland areas down to settlements on the coast, from where it was traded north
and south. Thus there were numerous tauranga waka (or landing places) along it.
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 river 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 continue 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.

2.5

The Mata-au is where Ngai Tahu's leader, Te Hautapunui o Tu, established the
boundary line between Ngai Tahu and Ngati Mamoe. Ngati Mamoe were to hold mana
(authority) over the lands south of the river and Ngai Tahu were to hold mana
northwards. Eventually the unions between the families of Te Hautapunui o Tu and
Ngati Mamoe made the boundaries meaningless. For Ngai Tahu, histories such as
this represent the links and continuity between past and present generations,
reinforce tribal identity, and document the events which shaped Ngai Tahu as an
iwi.

2.6

Strategic marriages between hapu further strengthened the kupenga (net) of
whakapapa and thus rights to travel on and use the resources of the river. It is
because of these patterns of activity that the river continues to be important
to runanga located in Otago 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.

2.7

Urupa and battlegrounds are peppered all along this river. One battleground,
known as Te Kauae Whakatoro (downstream of Tuapeka), recalls a confrontation
between Ngai Tahu and Ngati Mamoe that led to the armistice established by Te
Hautapunui o Tu. Urupa are the resting places of Ngai Tahu tupuna and, as such,
are the focus for whanau traditions. These are places holding the memories,
traditions, victories and defeats of Ngai Tahu tupuna, and are frequently
protected by secret locations.

2.8

The mauri of Mata-au 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.

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