Ngai Tahu Settlement

ATTACHMENT 12.107A

DEED OF RECOGNITION FOR WHAKATIPU-WAI-MAORI (LAKE
WAKATIPU)

(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 [insert date] 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 Whakatipu-wai-maori (Lake Wakatipu)

The area which is the subject of this Deed is the bed of the Lake known as
Whakatipu-wai-maori (Lake Wakatipu) (the "Area") the location of which is shown
on Allocation Plan MD 39 (SO Plan 24720). The Area is administered by both the
Commissioner of Crown Lands and the Department of Conservation.

2

Cultural, Spiritual, Historic and/or Traditional Association of
Whakatipu-wai-maori

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
Whakatipu-wai-maori as set out below.

2.2

The name 'Whakatipu-wai-maori' originates from the earliest expedition of
discovery made many generations ago by the tupuna Rakaihautu and his party of
the Uruao waka. Rakaihautu is traditionally credited with creating the great
waterways of the interior of the island with his famous ko (digging stick),
known as Tu Whakaroria (renamed Tuhiraki at the conclusion of the expedition).

2.3

There are many traditions relating to the lake. One of the most famous tells
that the hollow which forms the bed of the lake was created when the people
known as Te Rapuwai came upon the giant tipua (ogre) Matau as he lay there in a
deep sleep. Matau had been responsible for the disappearance of many small
hunting parties and had entrapped a beautiful maiden, Manata. His demise was
finally brought about when Manata escaped from him and returned to her lover
Matakauri. The villagers, armed with the knowledge that Matau always fell into a
deep sleep when the North-West wind blew, descended on his lair, heaped dry wood
around him and set it alight. The rise and fall of the lake level is said to be
caused by the beating heart of the giant, who remains at the bottom of the lake.

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 continuity between generations, and document the
events which shaped the environment of Te Wai Pounamu and Ngai Tahu as an iwi.

2.5

Whakatipu-wai-maori once supported nohoanga and villages which were the
seasonal destinations of Otago and Murihiku (Southland) whanau and hapu for many
generations, exercising ahi ka and accessing mahinga kai and providing a route
to access the treasured pounamu located beyond the head of the lake. Strategic
marriages between hapu strengthened the kupenga (net) of whakapapa and thus
rights to use the resources of the lake. It is because of these patterns of
activity that the lake continues to be important to runanga located in Murihiku,
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.

2.6

The lake also supported permanent settlements, such as the kaika (village)
Tahuna near present-day Queenstown, Te Kirikiri Pa, located where the Queenstown
gardens are found today, a Ngati Mamoe kaika near the Kawarau Falls called O Te
Roto, and another called Takerehaka near Kingston. The Ngati Mamoe chief Tu Wiri
Roa had a daughter, Haki Te Kura, who is remembered for her feat of swimming
across the lake from Tahuna, a distance of some three kilometres.

2.7

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.

2.8

A key attraction of the lake was the access it provided to seasonal
campsites and the pounamu located at the head of the lake at the Dart and
Routeburn River catchments, from which countless generations gathered inaka and
koko-takiwai pounamu and transported it back to coastal settlements for
fashioning into tools, ornaments and weapons.

2.9

Waka and mokihi were the key modes of transport for the pounamu trade,
travelling the length and breath of Whakatipu-wai-maori. Thus there were
numerous tauranga waka (landing places) on the lake and the islands upon it
(Matau and Wawahi-waka). 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 lake. The lake 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 are regarded as taonga. The traditional mobile lifestyle of
the people led to their dependence on the resources of the roto (lake).

2.10

Whakatipu-wai-maori is an important source of freshwater, the lake itself
being fed by hukawai (melt waters). These are waters with the highest level of
purity and were accorded traditional classifications by Ngai Tahu that
recognised this value. Thus it is a puna (spring) which sustains many ecosystems
important to Ngai Tahu. The mauri of Wakatipu-wai-maori 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 activity currently being undertaken 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