Ngai Tahu Settlement

ATTACHMENT 12.100

DEED OF RECOGNITION FOR LAKE PUKAKI, 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 Lake Pukaki

The area which is the subject of this Deed is the bed of the Lake known as
Pukaki (the "Area") the location of which is shown on Allocation Plan MD 35 (SO
Plan 19837). The Area is administered by the Commissioner of Crown Lands.

2

Cultural, Spiritual, Historic and/or Traditional Associations of
Pukaki

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 Pukaki as
set out below.

2.2

Pukaki is one of the lakes referred to in the tradition of 'Nga Puna Wai
Karikari o Rakaihautu' which tells how the principal lakes of Te Wai Pounamu
were dug by the rangatira (chief) Rakaihautu. Rakaihautu was the captain of the
canoe, Uruao, which brought the tribe, Waitaha, to New Zealand. Rakaihautu
beached his canoe at Whakatu (Nelson). From Whakatu, Rakaihautu divided the new
arrivals in two, with his son taking one party to explore the coastline
southwards and Rakaihautu taking another southwards by an inland route. On his
inland journey southward, Rakaihautu used his famous ko (a tool similar to a
spade) to dig the principal lakes of Te Wai Pounamu, including Pukaki.

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

Pukaki is referred to in Ngai Tahu tradition as the basin that captures the
tears of Aoraki: a reference to the melt waters that flow from Aoraki into the
lake in the spring time.

2.5

As well as its association with Aoraki, Pukaki is also a mahinga kai, noted
particularly for its water fowl. 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 lake, the relationship
of people with the lake 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 Pukaki 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 lake.

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 lake 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