Ngai Tahu Settlement

ATTACHMENT 12.105

DEED OF RECOGNITION FOR LAKE HAWEA, 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 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 Hawea

The area which is the subject of this Deed is the bed of the Lake known as
Hawea (the "Area") the location of which is shown on Allocation Plan MD 37 (SO
Plan 24718). The Area is administered by the Commissioner of Crown Lands.

2

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

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 Hawea as
set out below.
2.2: Hawea 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 Hawea.
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 name 'Hawea' may derive from Hawea, tupuna (ancestor) of the Waitaha
hapu, Ngati Hawea.
2.5: Hawea was traditionally noted as a rich tuna (eel) fishery, with many
thousands of the fish once being caught, preserved and transported back to the
kainga nohoanga (settlements) of coastal Otago.
2.6: 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 Hawea, 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.
2.7: The mauri of Hawea 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 of 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

ATTACHMENT 12.106

DEED OF RECOGNITION FOR LAKE WANAKA, 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 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 Wanaka

The area which is the subject of this Deed is the bed of the Lake known as
Wanaka (the "Area") the location of which is shown on Allocation Plan MD 38 (SO
Plan 24719). The Area is administered by the Commissioner of Crown Lands.

2

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

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 Wanaka as
set out below.
2.2: Wanaka 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 Wanaka.
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 name 'Wanaka' is considered by some to be a South Island variant of the
word 'wananga' which refers to the ancient schools of learning. In these schools
Ngai Tahu tohunga (men of learning) would be taught whakapapa (genealogies)
which stretched back to over a hundred generations and karakia (incantations)
for innumerable situations. All of this learning they would be required to
commit to memory.
2.5: Wanaka was traditionally noted as a rich tuna (eel) fishery, with many
thousands of the fish once being caught, preserved and transported back to the
kainga nohoanga (settlements) of coastal Otago.
2.6: 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 Wanaka, 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.
2.7: In 1836 an eeling party was attacked by Te Puoho, a rangatira (chief) of the
North Island Ngati Tama iwi. Te Puoho had plans of conquering Te Wai Pounamu,
beginning his campaign at the southern end of the island. He compared his
strategy to boning an eel which is started at the tail end of the fish. Having
travelled down Te Tai Poutini (the West Coast) to Jackson Bay, Te Puoho crossed
Haast Past into Wanaka and Lake Hawea where he found a Ngai Tahu eeling party
which he captured at Makarora. Two infant girls were captured and eaten. Te
Puoho suspected this family was an outpost and so he gave instructions for two
guards to follow a young teenager called Pukuharuru who was ordered to show them
where the main camp was. However Pukuharuru managed to escape after dark and
alert his father, Te Raki. Te Raki killed the two guards, who were lost without
their guide, and the Wanaka families managed to escape the region.
2.8: Te Puoho continued his campaign at Tuturau where there were other families
fishing. However some of the people managed to escape to Tiwai Point near Bluff
where they lit a warning fire. This fire alerted the southern forces and, under
the leadership of Tuhawaiki, Ngai Tahu prepared to meet Te Puoho at Tuturau.
After discussing the situation with the tohunga, Ngai Tahu were assured of
victory. While the priests chanted their karakia to the gods of war, the heart
of the enemy chief appeared before Ngai Tahu in the firelight, carried by the
wings of a bird. With this omen that the gods of war were on the side of Ngai
Tahu, they attacked Te Puoho the next morning. Te Puoho was shot by a young Ngai
Tahu lad called Topi and his army was taken captive. The head of Te Puoho was
cut from his body and stuck on a pole facing his home in the north. Wanaka is
therefore noted in history for its part in what was to be the last battle
between the North and South Island Maori.
2.9: The mauri of Wanaka 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

(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 of 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

4.4

Nothing in this Deed requires the Crown to undertake any management function
referred to in clause 3 above.

5

Alienation of Land

6

Change in Management

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

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