Ngai Tahu Settlement

ATTACHMENT 12.89A

DEED OF RECOGNITION FOR ORETI RIVER, SOUTHLAND

(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 Oreti River

The area which is the subject of this Deed is the bed of the River known as
Oreti (the  Area ) the location of which is shown on Allocation Plan MD 123 (SO
Plan 12262). 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 Oreti

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 Oreti as
set out below.

2.2

The Oreti River traverses a significant area of Murihiku, stretching from
its mouth at Invercargill almost to the edge of Whakatipu-wai-maori (Lake
Wakatipu). As such, it formed one of the main trails inland from the coast, with
an important pounamu trade route continuing northward from the headwaters of the
Oreti and travelling, via the Mavora or Von River Valley, to the edge of
Wakatipu and onto the Dart and Routeburn pounamu sources. Indeed, pounamu can be
found in the upper reaches of the Oreti itself.

2.3

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 Oreti, 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 kai resources of the Oreti would have supported numerous parties
venturing into the interior, and returning by mokihi (vessels made of raupo),
laden with pounamu and mahinga kai. Nohoanga (temporary campsites) supported
such travel by providing bases from which the travellers could go water fowling,
eeling and catching inaka (whitebait), and were located along the course of
Oreti River.

2.5

There were a number of important settlement sites at the mouth of the Oreti,
in the New River estuary, including Omaui, which was located at the mouth of the
Oreti, where it passes the New River Heads. Oue, at the mouth of the Oreti River
(New River estuary), opposite Omaui, was one of the principal settlements in
Murihiku. Honekai who was a principal chief of Murihiku in his time was resident
at this settlement in the early 1820s, at the time of the sealers. In 1850 there
were said to still be 40 people living at the kaik at Omaui under the chief
'Mauhe'.

2.6

As a result of this pattern of occupation, there are a number of urupa
located at the lower end of the Oreti, in the estuarine area. 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.

2.7

The mauri of the Oreti 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 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