Ngai Tahu Settlement

ATTACHMENT 12.151

STATUTORY ACKNOWLEDGEMENT FOR TE TAI O MAROKURA
(KAIKOURA COASTAL MARINE AREA)

(Clause 12.16)

1.

Statutory Area

The area to which this Statutory Acknowledgement applies ("Statutory Area")
is Te Tai o Marokura (the Kaikoura Coastal Marine Area), the Coastal Marine Area
of the Kaikoura constituency of the former Nelson Marlborough region, as shown
on SO Plan 14497, Marlborough Land District, extended northwards (but not
eastwards) to the Takiwa of Ngai Tahu Whanui, such boundary determined in the
same manner as for the northern boundary of the Ngai Tahu Claim Area as shown on
Allocation Plan [ ] (SO Plan [           ].

2.

Preamble

Pursuant to section [ ] of the Settlement Legislation (clause 12.2.2 of the
Deed of Settlement ), the Crown acknowledges Te Runanga's statements of Ngai
Tahu's cultural, spiritual, historic and/or traditional association to Te Tai o
Marokura as set out below.

3.

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

3.1

The formation of the coastline of Te Wai Pounamu relates to the tradition of
Te Waka o Aoraki, which foundered on a submerged reef, leaving its occupants,
Aoraki and his brothers, to turn to stone. They are manifested now in the
highest peaks in the Ka Tiritiri o Te Moana (the Southern Alps). The bays,
inlets, estuaries and fiords which stud the coast are all the creations of Tu Te
Rakiwhanoa, who took on the job of making the island suitable for human
habitation.

3.2

For Ngai Tahu, traditions such as these 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.

3.3

The Kaikoura Coastline took its name from Tama Ki Te Rangi, an early
explorer in the time of Tamatea Pokaiwhenua, who decided to explore the South
Island. On his way from the North Island, Tama ki Te Rangi stopped in the area
now known as Kaikoura and ate some of the crayfish that populate the area over
an open fire. From Tama Ki Te Rangi's feast on crayfish, the area was named, Te
Ahi Kaikoura a Tama ki Te Rangi - the fires where Tama Ki Te Rangi ate crayfish.

3.4

Because of its attractiveness as a place to establish permanent settlements,
including pa (fortified settlements), the coastal 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 the Ngai Tahu Whanui.
Battle sites, urupa and landscape features bearing the names of tupuna
(ancestors) record this history. Prominent headlands, in particular, were
favoured for their defensive qualities and became the headquarters for a
succession of rangatira and their followers.

3.5

One of the leading sites in Kaikoura in pre-contact times was Takahaka
marae, which is still occupied by Ngai Tahu. From the time the Ngai Tahu leader
Maru Kaitatea took Takahaka Pa for Ngai Tahu occupation, the site acted as a
staging site for Ngai Tahu migrations further south. Other pa in the area
included Pariwhakatau, Mikonui, Oaro and Kahutara. Place names along the coast,
such as the gardens of Tamanuhiri and the Waikoau River, record Ngai Tahu
history and point to the landscape features which were significant to people for
a range of reasons.

3.6

The results of the struggles, alliances and marriages arising out of these
migrations were the eventual emergence of a stable, organised and united series
of hapu located at permanent or semi-permanent settlements along the coast, with
a intricate network of mahinga kai (food gathering) rights and networks that
relied to a large extent on coastal resources.

3.7

As well as the crayfish for which the area is famous, the whole of the
Kaikoura area offered a bounty of mahinga kai including a range of kaimoana (sea
food); sea fishing; eeling and harvesting of other freshwater fish in lagoons
and rivers; marine mammals (providing whale meat and seal pups); waterfowl, sea
bird egg gathering and forest birds; and a variety of plant resources including
harakeke (flax), fern and ti root.

3.8

A particular feature of the Ngai Tahu relationship with the Kaikoura coastal
area is the special connection with the whales which frequent the area. This
relationship has its basis in tradition. The well-known rangatira (chief) and
brave warrior of the Ngati Kuri hapu of Ngai Tahu, Te Rakaitauneke, was said to
have a kaitiaki whale, named Mata mata, who dwelt in the sea opposite Te
Rakaitauneke's home in Tahuna Torea (Goose Bay). Mata mata's sole duty and
purpose in life was to do Te Rakaitauneke's bidding, to serve all his needs and
to guard him against harm. Everywhere Te Rakaitauneke went, Mata mata went too.
When Te Rakaiteuneke went to Takahanga, Mata mata could be seen blowing outside
the garden of memories, as close to shore as he could possibly get. Te
Rakaitauneke's love for Mata mata was as great as the whale's love for him.

3.9

After Te Rakaitauneke's death, Mata mata was not seen along the Kaikoura
coast for some time, and it was remoured that he had gone away and died of
sorrow at the loss of his master. There were those, however, who remembered Te
Rakaitauneke's prediction that after his death Mata mata would only return when
one of his decendants was facing imminent danger or death. There are many
stories since that time of a Mata mata appearing to foretell the death of one of
Te Rakaitauneke's decendants. It is also said that many of the descendants of Te
Rakaitauneke, when faced with peril on the high seas, have been saved by the
timely intervention of a whale.

3.10

The Kaikoura coast was also a major highway and trade route, particularly in
areas where travel by land was difficult. Travel by sea between settlements and
hapu was common, with a variety of different forms of waka, including the
southern waka hunua (double-hulled canoe) and, post-contact, whale boats plying
the waters continuously. Hence tauranga waka (landing places) occur up and down
the coast in their hundreds and wherever a tauranga waka is located there is
also likely to be a nohoanga (settlement), fishing ground, kaimoana resource and
rimurapa (bull kelp), with the sea trail linked to a land trail or mahinga kai
resource. The tupuna had a huge knowledge of the coastal environment and weather
patterns, passed from generation to generation. This knowledge continues to be
held by whanau and hapu and is regarded as taonga. The traditional mobile
lifestyle of the people led to their dependence on the resources of the coast.

3.11

Numerous urupa are being exposed or eroded at various times along much of
coast. Water burial sites on the coast, known as waiwhakaheketupapaku, are also
spiritually important and linked with important sites on the land. Places where
kaitangata (the eating of those defeated in battle) occurred are also wahi tapu.
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 in secret
locations.

3.12

The mauri of the coastal area 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 coastal area.

4.

Effect of Statutory Acknowledgement

4.1

Pursuant to section [ ] of the Settlement Legislation (clause 12.2.10 of the
Deed of Settlement), and without limiting clause 5, the only purposes of this
Statutory Acknowledgement are:

(a)

to require that relevant consent authorities forward summaries of relevant
resource consent applications to Te Runanga as provided in section [ ] of the
Settlement Legislation (clause 12.2.3 of the Deed of Settlement);

(b)

to require that relevant consent authorities, the Historic Places Trust or
the Environment Court as the case may be, have regard to this Statutory
Acknowledgement in relation to Te Tai o Marokura, as provided in section [ ] of
the Settlement Legislation (clause 12.2.4 of the Deed of Settlement);

(c)

to enable Te Runanga and any member of Ngai Tahu Whanui to cite this
Statutory Acknowledgement as evidence of the association of Ngai Tahu to Te Tai
o Marokura as provided in section [ ] of the Settlement Legislation
(clause 12.2.5 of the Deed of Settlement).

5.

Limitations on effect of Statutory Acknowledgement

5.1

Except as expressly provided in sections [ ], and [ ] of the Settlement
Legislation (clauses 12.2.4, 12.2.5 and 12.2.10 of the Deed of Settlement):

(a)

this Statutory Acknowledgement 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 5.1(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 Te
Tai o Marokura than that person or entity would give under the relevant statute,
regulation or bylaw, as if this Statutory Acknowlegement did not exist in
respect of Te Tai o Marokura.

5.2

Unless expressly provided in the Settlement Legislation, this Statutory
Acknowlegement will not affect the lawful rights or interests of any third party
from time to time.

5.3

Unless expressly provided in the Settlement Legislation, this Statutory
Acknowledgement 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, Te Tai o Marokura.