Ngai Tahu Settlement

ATTACHMENT 12.90A

DEED OF RECOGNITION FOR WAIAU 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 Waiau River

The area which is the subject of this Deed is the bed of the River known as
Waiau (the  Area ) the location of which is shown on Allocation Plan MD 124 (SO
Plan 12263). 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 Waiau

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 Waiau as
set out below.

2.2

The Waiau River features in the earliest of traditional accounts, and was a
place and resource well known to the earliest tupuna (ancestors) to visit the
area. Rakaihautu and his followers traced the Waiau from its source in Te Ana-au
(Lake Te Anau) and Motu-ua or Moturau (Lake Manapouri), to its meeting with the
sea at Te Wae Wae Bay.

2.3

The waka Takitimu, under the command of the rangatira (chief) Tamatea, was
wrecked near the mouth of the Waiau River and the survivors who landed at the
mouth named the river 'Waiau' due to the swirling nature of its waters. Tamatea
and his party made their way up the river to Lake Manapouri where they
established a camp site. The journey of Tamatea was bedevilled by the
disappearance of Kaheraki who was betrothed to Kahukunu, a son of Tamatea,
Kaheraki strayed away from the party, and was captured by the Maeroero (spirits
of the mountain).

2.4

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.

2.5

The Waiau has strong links with Waitaha who, following their arrival in the
waka Uruao, populated and spread their influence over vast tracts of the South
Island. They were the moa hunters, the original artisans of the land. There are
remnants of Waitaha rock art associated with the river. Surviving rock art
remnants are a particular taonga of the area, providing a unique record of the
lives and beliefs of the people who travelled the river.

2.6

There is also a strong Ngati Mamoe influence in this area of the country.
Ngati Mamoe absorbed and intermarried with the Waitaha and settled along the
eastern coast of Te Wai Pounamu. The arrival of Ngai Tahu in Te Wai Pounamu
caused Ngati Mamoe to become concentrated in the southern part of the island,
with intermarriage between the two iwi occurring later than was the case further
north. The result is that there is a greater degree of Ngati Mamoe influence
retained in this area than in other parts of the island. These are the three iwi
who, through conflict and alliance, have merged in the whakapapa (genealogy) of
Ngai Tahu Whanui.

2.7

Numerous archaeological sites and wahi taonga attest to the history of
occupation and use of the river. These are places holding the memories,
traditions, victories and defeats of Ngai Tahu tupuna. The main nohoanga
(occupation site) on the Waiau was at the mouth and was called Te Tua a Hatu.
The rangatira (chief) Te Wae Wae had his kainga nohoanga on the left bank of the
Waiau River mouth.

2.8

The Waiau, which once had the second largest flow of any river in New
Zealand, had a huge influence on the lives and seasonal patterns of the people
of Murihiku, over many generations. The river was a major mahinga kai: aruhe
(fernroot), ti root, fish, tuna (eels), shellfish and tutu were gathered in the
summer, a range of fish were caught in the autumn, kanakana (lamprey) were
caught in the spring, while the people were largely reliant during winter on
foods gathered and preserved earlier in the year. Rauri (reserves) were applied
to the mahinga kai resources, so that people from one hapu or whanau never
gathered kai from areas of another hapu or whanau. Some 200 species of plants
and animals were utilised by Ngai Tahu as a food resource in and near the Waiau.

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 Waiau, 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

Place names provide many indicators of the values associated with different
areas, including Wai Harakeke (flax), Papatotara (totara logs or bark), Kirirua
(a type of eel found in the lagoon), Te Rua o te Kaiamio (a rock shelter that
was a 'designated meeting place' for the local Maori, similar to a marae) and Ka
Kerehu o Tamatea ('charcoal from the fire of Tamatea' - black rocks near old
Tuatapere ferry site).

2.11

The Waiau River was a major travelling route connecting Murihiku and Te Ara
a Kiwa (Foveaux Strait) to Te Tai Poutini (the West Coast), and as such was a
important link between hapu and iwi. Pounamu on the West Coast, and summer
expeditions to Manapouri (Motu-ua or Moturau) for mahinga kai were the main
motivations for movement up and down the Waiau. Mokihi (vessels made from raupo)
were utilised for travel down the river and were a very effective and common
mode of travel, making transportation of substantial loads of resources
possible.

2.12

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 Waiau. 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 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.

2.13

The Waiau was once a large and powerful river, up to 500m across at the
mouth, narrowing to 200m further upstream. The water flow from the Waiau River
was an important factor in the ecological health and bio-diversity of the
coastal resources..

2.14

The mauri of the Waiau 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