Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 12.125

DEED OF RECOGNITION FOR TOI TOI WETLAND, RAKIURA,
SOUTHLAND

(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 Toi Toi Wetland

The area which is the subject of this Deed is the bed of the Wetland known as
Toi Toi (the "Area"), the location of which is shown on Allocation Plan MD 135
(SO Plan 12266). The Area is administered by the Department of Conservation.

2

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

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 Toi Toi
as set out below.

3

Cultural, spiritual, historic and/or traditional association of Ngai Tahu
with the Statutory Area

3.1

Toi Toi wetland is particularly significant to Ngai Tahu as a kakapo
habitat. The kakapo, once a prized mahinga kai for Ngai Tahu, used the wetland
as a feeding ground.

3.2

The thad considerable knowledge of whakapapa, traditional trails and
tauranga waka, places for gathering kai and other taonga, ways in which to use
the resources of Toi Toi, the relationship of people with the wetland 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.

3.3

Much of Toi Toi's value lies in its pristine and unmodified character. The
mauri of Toi Toi 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 wetland.

4

Role of Te Runanga

4.1

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.

4.2

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.

4.3

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

5

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):

5.1

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;

5.2

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;

5.3

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.

5.4

Nothing in this Deed requires the Crown to undertake any management function
referred to in clause 3 above.

6

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).

7

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.

8

Interpretation

8.1

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.

8.2

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

ATTACHMENT 12.126

DEED OF RECOGNITION FOR WAITUNA WETLAND,
SOUTHLAND

(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 Waituna Wetland

The area which is the subject of this Deed is the bed of the Wetland known as
Waituna (the "Area"), the location of which is shown on Allocation Plan MD 58
(SO Plan 12260). The Area is administered by the Department of Conservation.

2

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

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 Waituna
as set out below.

2.2

Intermittently open to the sea, Waituna wetland (with the western end, where
the lagoon breaks out to sea known as Ka-puna-wai) was a major food basket
utilised by nohoanga and permanent settlements located in the immediate vicinity
of the wetlands, and further away, for its wide variety of reliable mahinga kai.
The great diversity of wildlife associated with the comlex includes several
breeds of ducks, white heron, gulls, spoonbill, kotuku, oystercatcher,
dotterels, terns and fernbird. The wetlands are important kohanga (spawning)
grounds for a number of indigenous fish species. Kaimoana available includes
giant and banded kokopu, varieties of flatfish, tuna (eels), kanakana (lamprey),
inaka (whitebait), waikakahi (freshwater mussel) and waikoura (freshwater
crayfish). Harakeke, raupo, manuka, totara and totara bark, and pingao would
also have been regularly harvested cultural materials. Paru or black mud was
available, particularly sought after as a product for making dyes.

2.3

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 Waituna, 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.

2.4

As a result of this history of use and occupation of the area, there are
wahi tapu and wahi taonga all along its shores. It is also possible that
particular sections of the wetland were used for waiwhakaheke tupapaku (water
burial).

2.5

Urupa and wahi tapu 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.

2.6

The mauri of Waituna 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