Ngai Tahu Settlement

ATTACHMENT 12.127

DEED OF RECOGNITION FOR UREWERA (LAKE GEORGE),
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 Urewera

The area which is the subject of this Deed is the bed of the Wetland known as
Urewera (Lake George) (the "Area") the location of which is shown on Allocation
Plan MD 59 (SO Plan 12261). The Area is administered by the Department of
Conservation.

2

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

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 Urewera
as set out below.

2.2

Lake George is known to Ngai Tahu as Uruwera, named after a descendant of
the Waitaha rangatira (chief), Rakaihautu. Uruwera's descent lines lead to Te
Ropuake, the wife of Mako, a leading chief of Ngati Irakehu of Banks Peninsula.
Te Ropuake's mother was Hine Te Awheka, wife of Te Rakiwhakaputa, another
leading Ngai Tahu chief who eventually occupied Rapaki on Banks Peninsula. Both
Mako and Te Rakiwhakaputa migrated to Canterbury with the Ngai Tahu hapu, Ngai
Tuhaitara. Examples such as this demonstrate the interconnected nature of Ngai
Tahu whakapapa.

2.3

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 Te Wai Pounamu and Ngai Tahu as an iwi.

2.4

Foods taken from this mahinga kai included tuna (eels), inaka (whitebait)
and water fowl. Uruwera has been in continual use by Ngai Tahu as a mahinga kai
for many generations. The lake is a particularly important resource for Ngai
Tahu from Oraka, Awarua and Ruapuke.

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 Uruwera, 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.

2.6

As a result of this history of use, there a number of urupa associated with
Uruwera. 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.

2.7

The mauri of Uruwera 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 lake.

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.

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

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ATTACHMENT 12.128

DEED OF RECOGNITION FOR MANAWAPOPORE/HIKURAKI (MAVORA
LAKES), 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 Manawapopore / Hikuraki

The area which is the subject of this Deed is the bed of the Wetland known as
Manawapopore / Hikuraki (Mavora Lakes) (the "Area") the location of which is
shown on Allocation Plan MN 77 (SO Plan 12235). The Area is administered by the
Department of Conservation.

2

Cultural, Spiritual, Historic and/or Traditional Associations of
Manawapopore / Hikuraki

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
Manawapopore / Hikuraki as set out below.

2.2 Manawapopore and Hikuraki are part of one of the most significant
catchments in Murihiku (Southland). The wetland also lies in the path of the
important trail from the mouth of the oreti River onward, via the Greenstone
Valley, to the head of Whakatipu-wai-maori (Lake Wakatipu), or alternatively
continuing along the Greenstone Valley and out via the Hollyford to the West
Coast. These were important trading routes, to gather pounamu for exchange with
northern iwi for materials and foods unavailable in the south.

2.3 The lakes were, therefore, 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 are regarded as taonga. The traditional mobile lifestyle of the people led
to their dependence on the resources of the Area.

2.4 In addition the trails were part of summer time pursuits such as kai hau
kai (custom of exchanging foods), whanaungatanga (the renewal and strengthening
of family links) and arranging marriages with hapu from the neighbouring region
of Otago, and further afield. Such strategic marriages between hapu strengthened
the kupenga (net) of whakapapa and thus rights to use the resources of the Area.

2.5 Manawapopore (Upper Mavora) is noted for eel weirs which were constructed
on the lake edges for catching eels, utilising flat stones, built in a loop out
from the lake edge, with gaps at either end and one in the middle. Construction
of the eel weir recreates the type of environment that eels like to congregate
in, hence reliable catches are made.

2.6 The tupuna had considerable knowledge of such techniques, places for
catching and 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.

2.7 The mauri of Manawapopore / Hikuraki 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, of all
Conservation Management Strategies and Conservation 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 Ngai Tahu to fulfil its role under clause 3.1 the Crown
will provide Te Runanga with all available 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