Ngai Tahu Settlement

ATTACHMENT 12.152

STATUTORY ACKNOWLEDGEMENT FOR TE TAI O MAHAANUI (SELWYN
- BANKS PENINSULA COASTAL MARINE AREA)

(Clause 12.16)

1.

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) is
Te Tai o Mahaanui (Selwyn Banks Peninsula Coastal Marine Area),the Coastal
Marine Area of the Selwyn-Banks Peninsula constituency of the Canterbury region,
as shown on SO Plan 19407, Canterbury Land District 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
Mahaanuias 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

The naming of various features along the coastline reflects the succession
of explorers and iwi (tribes) who travelled around the coastline at various
times. The first of these was Maui, who fished up the North Island, and is said
to have circumnavigated Te Wai Pounamu. In some accounts the island is called Te
Waka a Maui in recognition of his discovery of the new lands, with Rakiura
(Stewart Island) being Te Puka a Maui (Maui's anchor stone). A number of coastal
places names are attributed to Maui, particularly on the southern coast.

3.3

There are a number of traditions relating to Te Tai o Mahaanui. One of the
most famous bays on the Peninsula is Akaroa, the name being a southern variation
of the word 'Whangaroa'. The name refers to the size of the harbour. As with all
other places in the South Island, Akaroa placenames recall the histories and
traditions of the three tribes which now make up Ngai Tahu Whanui: Waitaha,
Ngati Mamoe and Ngai Tahu.

3.4

Waitaha traditions tell that after Rakaihautu had dug the southern lakes
with his ko (digging stick) Tuwhakaroria he and his son, Rokohouia, returned to
Canterbury with their people. On the return, Rakaihautu buried his ko (a tool
similar to a spade) on a hill overlooking the Akaroa harbour. That hill was
called 'Tuhiraki' (Bossu). Rakaihautu remained in this region for the rest of
his life.

3.5

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.

3.6

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 (geneology) of 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.

3.7

Ngai Tahu connections to Akaroa came after the settling of Kaiapoi Pa in
North Canterbury. Akaroa harbour was soon allocated to a number of chiefs by
Turakautahi of Kaiapoi. One chief, Te Ruahikihiki, settled at Whakamoa near the
Akaroa Heads at the south east end of the habour. Te Ruahikihiki fell in love
with the elder sister of his wife, Hikaiti. As it was customary at that time for
chiefs to have several wives, Te Ruahikihiki took the elder sister, Te Ao
Taurewa, as his wife.

3.8

Hikaiti fell into a deep depression and resolved to kill herself. She arose
early in the morning, combed her hair and wrapped her cloak tightly around
herself. She went to the edge of the cliff where she wept, greeted the land and
the people of her tribe. With her acknowledgements made, she cast herself over
the cliff where she was killed on the rocks. The body remained inside the cloak
she had wrapped around herself. This place became known as 'Te Tarere a Hikaiti'
(the place where Hikaiti leapt). After a long period of lamentation, Te
Ruahikihiki and his people moved to the south end of Banks Peninsula to Te
Waihora (Lake Ellesmere).

3.9

Another one of the senior chiefs within the Akaroa harbour was Te Ake whose
hapu was Ngai Tuhaitara. Otokotoko was claimed by Te Ake when he staked his
tokotoko (staff) at that end of the bay. Te Ake's daughter, Hine Ao, is now
represented as a taniwha that dwells with another taniwha, Te Rangiorahina, in a
rua (hole) off Opukutahi Reserve in the Akaroa Harbour. Hine Ao now carries the
name Te Wahine Marukore. These taniwha act as (kaitiaki) guardians for local
fisherman.

3.10

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.

3.11

The whole of the coastal area offered a bounty of mahinga kai including a
range of kaimoana (sea food); sea fishing; eeling and harvest 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.

3.12

The 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 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, 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.

3.13

Numerous urupa are being exposed or eroded at various times along much of
the coast. Water burial sites on the coast, known as waiwhakaheketupapaku, are
also spiritually important and linked with important sites on the land. Places
were 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.

3.14

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 Mahaanui, 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 Mahaanuias 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 bylaws; 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 Mahaanuithan 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 Mahaanui.

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 Mahaanui.