Ngai Tahu Settlement

ATTACHMENT 12.124B

DEED OF RECOGNITION FOR WAIHOLA/WAIPORI WETLAND,
OTAGO

(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 Waihola/Waipori

The area which is the subject of this Deed is the bed of the Wetland known as
Waihola/Waipori (the "Area") the location of which is shown on Allocation Plan
MD 55 (SO Plan 24721). The Area is administered by both the Department of
Conservation and the Commissioner of Crown Lands.

2

Cultural, Spiritual, Historic and/or Traditional Associations of
Waihola/Waipori

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
Waihola/Waipori as set out below.

2.2

The Waihola/Waipori wetlands were once one of the most significant food
baskets in the Otago region, and featured in the seasonal activity of the
coastal settlements as far away as the Otago Peninsula and harbour area,
Purakaunui and Puketeraki. The wetlands were once much larger in water area and
deeper than at present, connected by a labyrinth of waterways and having a
gravel bed which has now been overlaid by silt and mud.

2.3

The names 'Waihola/Waipori' are likely of Waitaha deriviation, with 'hola'
being the Waitaha form of 'hora' meaning flat, spread out or widespread.
'Waipori' may in fact be a misrecording of 'Waipouri', which is used in many
older manuscripts, being a reference to the dark, tanin-stained water the
wetland receives from Waipori River, a heavily wooded catchment.

2.4

The Waihola/Waipori area was visited and occupied by Waitaha, Ngati Mamoe
and Ngai Tahu in succession, who through conflict and alliance, have merged in
the whakapapa (genealogy) of Ngai Tahu Whanui. The wetland supported a number of
pa within its environs and nearby. For example, Whakaraupuka, the pa of the
Ngati Mamoe chief Tukiauau was located in the area now known as Sinclair
Wetlands, although Tukiauau eventually relocated further to the south as the
southward movement of his Ngai Tahu foes became uncomfortably close.

2.5

There were also many nohoanga (temporary campsites) located within the
complex, used by food gathering parties which would travel to the lakes and camp
on the fringes for two to three days to gather kai; to eel, hunt water fowl and
gather flax. There were also permanent or semi-permanent settlements located in
a number of locations around the lakes, some on islands in the wetlands system.

2.6

A number of other settlements further afield were also dependant on the
mahinga kai resources of Waihola/Waipori for sustenance, including Tu
Paritaniwha Pa near Momona, Omoua Pa above Henley, Maitapapa (Henley area), the
Kaik south of Henley and Takaaihitau near the old Taieri Ferry bridge, in
addition to other settlements adjacent to the Taieri River up and downstream of
the wetlands. Otakou and Puketeraki hapu would also make seasonal visits to
gather resources and strengthen and maintain the kupenga (net) of whakapapa on
which their rights to use those resources were based.

2.7

There is an account which tells of a sudden flood which required people
trapped on the bank at a place called Whakaraupo, on the network of waterways
that link Waihola with Waipori, to hastily construct a mokihi out of raupo to
reach safety. A meeting place was opened here in 1901 by the locals, the house
was named Te Waipounamu.

2.8

For Ngai Tahu, histories such as these 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.

2.9

Waihola/Waipori was a key mahinga kai resource for Ngai Tahu based along the
Otago coastal region, where an abundance of tuna (eel), inaka (whitebait),
patiki (flounder) and other indigenous fish were available. Waterfowl and fibre
resources such as harakeke and raupo were also easily accessible from the
wetlands. Spearing, setting hinaki and nets, and bobbing for eel were regular
activities on the wetlands in the season. The gathering of young ducks in the
moult, and the catching of herons, pukeko and other birds supplemented the broad
range of kai available from the wetlands.

2.10

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 Waihola/Waipori, 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.

2.11

The attractiveness of Waihola/Waipori as a mahinga kai was enhanced by their
accessibility. With the direct link to the Taieri River, access via the Taieri
to villages on the banks of the Taieri River, upstream and down, and access by
waka to the coast and northward to otakou, kai and other resources gathered from
the wetlands could be transported back to these home bases with relative ease.

2.12

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 wetlands. 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.

2.13

Because of the long history of use of Waihola/Waipori as a mahinga kai,
supporting permanent and temporary settlements, there are numerous urupa, wahi
tapu and wahi taonga associated with the wetlands. These are all places holding
the memories, traditions, victories and defeats of Ngai Tahu tupuna, and are
frequently protected by secret locations. Urupa are the resting places of Ngai
Tahu tupuna and, as such, are a particular focus for whanau traditions.

2.14

The mauri of Waihola/Waipori 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 wetlands. The wetlands represent, in
their resources and characteristics, a strong element of identity for those who
had manawhenua (tribal authority over the area) whose tupuna were nurtured on
the food and resources of the wetlands for generations.

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