Ngai Tahu Settlement

ATTACHMENT 12.117

DEED OF RECOGNITION FOR ORAKIPAOA WETLAND,
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 Minister of
Conservation (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 Orakipaoa Wetland

The area which is the subject of this Deed is the bed of the Wetland known as
Orakipaoa (the "Area") the location of which is shown on Allocation Plan MD 54
(SO Plan 19842). The Area is administered by the Department of Conservation.

2

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

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 Orakipaoa
as set out below.

2.2

The creation of the Orakipaoa wetlands is associated with Tu Te Rakiwhanoa
and his shaping of the island to make it habitable for humans. Orakipaoa 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

One of the first explorers recorded in the area was Rakaihouia, son of
Rakaihautu, who was given the task of exploring the east coast of the South
Island for suitable harbours, settlement sites and food resources. Rakaihouia
met up with Rakaihautu at Waihao, just to the south of Orakipaoa, as Rakaihautu
returned overland from Murihiku. From the time of Rakaihouia, the area was
occupied in succession by Waitaha, Ngati Mamoe and Ngai Tahu, who established a
number of settlements and pa at Orakipaoa.

2.5

The old pa site of Te Wai-a-rua-ti was occupied as a strong defensive
position during the time of Te Rauparaha and earlier periods. The kainga of Te
Rehe was on an island (Harakeke Tautoro) which was once surrounded by extensive
swamplands, through which ran numerous creeks and waterways. Other pa and
settlements within the Orakipaoa wetland complex include Orahui and Hawea.

2.6

As well as being an area of permanent occupation, orakipaoa formed part of
numerous trails. Trails followed river valleys into the interior, as the
populous settlements in the area required regular excursions to gather mahinga
kai and other resources from further afield. Orakipaoa was also a tauranga waka
and one of the stopping-off places for those travelling between Taumutu and
Otakou.

2.7

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 trails. The wetlands were 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 a taonga. The traditional mobile lifestyle of the people led
to their dependence on the resources of the wetlands.

2.8

Mahinga kai resources were gathered from Orakipaoa over many generations. A
wide range of mahinga kai were found within the complex, including coastal and
estuarine as well as freshwater resources. The area was renowned for its eeling
and bird hunting. Other fisheries for which the area was known included inaka
(whitebait) and wet fish, minnows, the now-extinct grayling, giant kokopu,
flounders, mullet, and small fish known as panako, pipiki and paraki. The
complex was also a source of ti kouka (cabbage tree).

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 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.

2.10

The mauri of Orakipaoa 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 Department of Conservation:

(a)

the preparation, consistent with Part IIIA of the Conservation Act and
section 47 of the National Parks Act, of all Conservation Management Strategies
and/or National Park Management Plans which relate to the Area:

(b)

the preparation of all non-statutory plans, strategies or programmes for the
protection and management of the Area in the relation to the following:

(i)

any programme to identify and protect indigenous plants;

(ii)

any survey to assess current and future visitor activities;

(iii)

any programme to identify and protect wildlife;

(iv)

any programme to eradicate pests or other introduced species; or

(v)

any survey to identify the number and type of concessions which may be
appropriate; and

(c)

the location, construction and relocation of any structures.

3.2

In order to enable Te Runanga to fulfil its role under clause 3.1 the Crown
will 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.

3.3

The Crown will inform Te Runanga of all concession applications to the Area
(but retains the discretion to withhold commercially sensitive material).

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. In addition:

concession has the meaning given to it in the Conservation Act 1987.

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 [ ], )

Minister of Conservation 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