Ngai Tahu Settlement

ATTACHMENT 12.118

DEED OF RECOGNITION FOR PUNATARAKAO 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 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 Punatarakao Wetland

The area which is the subject of this Deed is the bed of the Wetland known as
Punatarakao (the "Area") the location of which is shown on Allocation Plan MD
137 (SO Plan 19858). The Area is administered by the Commissioner of Crown
Lands.

2

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

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
Punatarakao as set out below.
2.2: The Punatarakao wetland near the mouth of the Waihao river was a noted
mahinga kai and traditional Ngai Tahu occupation site. One of the principal
traditions relating to the area tells that it is guarded by the taniwha, Tu Te
Rakiwhanoa, who was said to appear as a sign of death.
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: Punatarakao was the site of a Ngai Tahu village, and was also famous for its
Whare Wananga, where tohunga went to learn. As a result of this history of
occupation, there are a number of urupa and wahi tapu in the area. Urupa are the
resting places of Ngai Tahu tupuna and, as such, are the focus for whanau
traditions. Urupa and wahi tapu are places holding the memories, traditions,
victories and defeats of our tupuna, and are frequently protected by secret
locations.
2.5: It was the mahinga kai of the Punatarakao wetland area which made it
attractive as an occupation site. 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 area, 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.
2.6: The mauri of Punatarakao 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:

(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 12.119

DEED OF RECOGNITION FOR OKARI LAGOON, WEST
COAST

(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 Okari Lagoon

The area which is the subject of this Deed is the bed of the Wetland known as
Okari Lagoon (the "Area") the location of which is shown on Allocation Plan MD
49 (SO Plan 15494). The Area is administered by the Commissioner of Crown Lands.

2

Cultural, Spiritual, Historic and/or Traditional Associations of Okari
Lagoon

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 Okari
Lagoon as set out below.
2.2: Manawhenua (tribal authority over the area) was gained for Ngai Tahu by the
rangatira (chief) Tuhuru, who defeated Ngati Wairaki, Ngati Mamoe, Tumatakokiri
and Ngati Toa. For Ngai Tahu, histories such as this reinforce tribal identity
and solidarity, and continuity between generations, and document the events
which shaped Ngai Tahu as an iwi.
2.3: This hapua (estuary) once supported a number of significant kainga nohoanga
(settlements) including Tauraka, Omau, Oweka, Orowaiti, Te Kuha, Orikaka,
Waimakaroa and Whareatea. As a result of this pattern of occupation, there are a
number of recorded and unrecorded archaeological sites associated with the
Okari, including middens. Such sites are a focus for memories of Ngai Tahu
tupuna, and as such are wahi taonga to the descendants of those tupuna.
2.4: Okari was and still is a significant spawning ground and kohanga (nursery)
for a variety of fish species and a significant breeding area for manu (birds).
The Lagoon remains a source of rich and abundant harvests.
2.5: 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 lagoon, the relationship of people with the lagoon 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: As a mark of the significance of the area as a mahinga kai and because of
the kainga nohoanga, a reserve was set aside for Ngai Tahu in this area at the
time of the 1860 Arahura Deed of Sale.
2.7: The mauri of Okari 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 lagoon.

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 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

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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