Ngai Tahu Settlement
Doug Graham Treaty of Waitangi NegotiationsATTACHMENT 12.115
DEED OF RECOGNITION FOR MOANA RUA (LAKE PEARSON),
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 Moana Rua
The area which is the subject of this Deed is the bed of the Wetland known as
Moana Rua (Lake Pearson) (the "Area") the location of which is shown in
Allocation Plan MD 51 (SO Plan 19840). The Area is administered by the
Commissioner of Crown Lands. -
2
- Cultural, Spiritual, Historic and/or Traditional Associations of Moana
Rua-
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 Moana Rua
as set out below. -
2.2
- The wetland area known to Pakeha as Lake Pearson is known to Ngai Tahu as
Moana Rua. The area falls along the route across the main divide which is now
known as Arthurs Pass. The area 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 is regarded as taonga. The traditional mobile lifestyle of the people
led to their dependence on the resources of the area. -
2.3
- This area was primarily used as a mahinga kai by the Kaiapoi Ngai Tahu, with
weka, kakapo and tuna (eels) being the main foods taken. The tupuna had
considerable knowledge of whakapapa, traditional trails, places for gathering
kai and other taonga, ways in which to use the resources of the land, the
relationship of people with the land 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
- Several urupa are recorded in this immediate 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. -
2.5
- The mauri of Moana Rua 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 area.
-
-
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 currently being undertaken by the Crown
in relation to those parts of the bed of the wetland 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 12.116A
DEED OF RECOGNITION FOR O TU WHAREKAI (ASHBURTON LAKES),
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 O Tu Wharekai
The area which is the subject of this Deed is the bed of the Wetland known as
O Tu Wharekai (Ashburton Lakes) (the "Area") the location of which is shown on
Allocation Plan MD 53 (SO Plan 19841). 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 O Tu
Wharekai-
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 O Tu
Wharekai as set out below. -
2.2
- The creation of the O Tu Wharekai wetlands is associated with Tu Te
Rakiwhanoa and his shaping of Te Wai Pounamu (the South Island) to make it
habitable for humans. The O Tu Wharekai complex was created as Tu Te Rakiwhanoa
arranged the debris in the Waka a Aoraki while forming the harbours and plains
and heaping up mountains of the interior. -
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 'O Tu Wharekai' actually relates to the part of the complex known
as the Maori Lakes. The other lakes and wetlands which make up the complex also
have their own names. -
2.5
- Important nohoanga (settlements) associated with seasonal mahinga kai
gathering and travel to and through this area included: Tutaewera, Hatere, Uhi,
Matakou, Kirihonuhonu, Otautari, Punataka, Te Kiakia, Tamatakou. -
2.6
- The complex was a part of the seasonal trail of mahinga kai and resource
gathering, and hapu and whanau bonding. 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
wetlands. Mahinga kai resources taken from the area included: tuna (eels), weka,
kaka, kereru, tui, pukeko and other waterfowl, aruhe, kiore, kauru, matai and
pokaka. -
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 wetlands, the relationship of people with the area 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
- The mauri of O Tu Wharekai 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 area.
-
-
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 bed of the wetland 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: -
(b)
- 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