Ngai Tahu Settlement

ATTACHMENT 12.120

DEED OF RECOGNITION FOR OKARITO 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 Okarito Lagoon

The area which is the subject of this Deed is the bed of the Wetland known as
Okarito Lagoon (the "Area") the location of which is shown on Allocation Plan MD
47 (SO Plan 12510). The Area is administered by the Commissioner of Crown Lands.

2

Cultural, Spiritual, Historic and/or Traditional Associations of Okarito
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 Okarito
Lagoon as set out below.
2.2: The Okarito Lagoon area was traditionally occupied by the Ngati Wairaki and
Rapuwai hapu before Ngai Tahu gained manawhenua (tribal authority over the
area). The area was important as the site of the Ngati Wairaki Whare Wananga. It
was to this wananga that the Ngai Tahu rangatira (chiefs) went so as to learn
the whakapapa to the South Island. For Ngai Tahu, histories such as this
reinforce tribal identity and solidarity, and continuity between generations,
and document the events which shaped the environment of Ngai Tahu as an iwi.
2.3: Okarito is well known as the place occupied by the kotuku (white heron) and
there are many Ngai Tahu waiata (songs) that tell the tale of the kotuku.
2.4: The lagoon was also a rich mahinga kai. 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.
2.5: The mauri of Okarito 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 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

ATTACHMENT 12.121

DEED OF RECOGNITION FOR POUERUA (SALTWATER 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 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 Pouerua

The area which is the subject of this Deed is the bed of the Wetland known as
Pouerua (Saltwater Lagoon) (the "Area") the location of which is shown on
Allocation Plan MD 48 (SO Plan 12511). The Area is administered by the
Department of Conservation.

2

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

2.1: Pursuant to section [ ] of the Settlement Legislation (clause 12.2.7 of the
Deed of Settlement), the Crown acknowledges Te Runanga's statement of Ngai
Tahu's cultural, spiritual, historic and/or traditional association to Pouerua
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: Pouerua once supported a number of significant kainga nohoanga (settlements)
including one on the lagoon itself, and others at the mouths of the Waitangi
Taona, Waitangi Roto, Whataroa and Poherua Rivers. As a result of this pattern
of occupation, there are urupa and archaeological sites associated with Pouerua.
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.
2.4: Pouerua 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, reserves were set aside for Ngai Tahu in this area at the
time of the 1860 Arahura Deed of Sale. It was at Pouerua in 1860 that the Crown
agent James Mackay sealed the purchase of Te Tai Poutini (the West Coast) from
the chiefs of Poutini Ngai Tahu, although the Arahura Deed giving effect to this
purchase was actually signed at Mawhera.
2.7: The mauri of Pouerua 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 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

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. 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

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