Ngai Tahu Settlement

ATTACHMENT 12.153

STATUTORY ACKNOWLEDGEMENT FOR TE MIMI O TU TE RAKIWHANOA
(FIORDLAND COASTAL MARINE AREA)

(Clause 12.16)

1.

Statutory Area

The area to which this Statutory Acknowledgement applies (Statutory Area) Te
Mimi o Tu Te Rakiwhanoa (Fiordland Coastal Marine Area) is the Coastal Marine
Area of the Te Anau constituency of the Southland region, as shown on SO Plan
11503, Southland 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 statement of Ngai
Tahu's cultural, spiritual, historic and/or traditional association to Te Mimi o
Tu Te Rakiwhanoa as set out below.

3.

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

3.1

The fiords of this region represent, in tradition, the raised up sides of Te
Waka o Aoraki. The waka (canoe) foundered on a submerged reef and its occupants,
Aoraki and his brothers, Raraki, Rakiroa and others, were turned to stone. They
stand now as the highest peaks of Ka Tiritiri o te Moana (the Southern Alps).
The fiords at the southern end of the Alps were hacked out of the raised side of
the wrecked waka by Tu Te Rakiwhanoa, in a effort to make it habitable by
humans. The deep gouges and long waterways that make up the fiords were intended
to provide safe havens on the rugged coastline, and stocked with fish, forest
and birds to sustain travellers.

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

Particular stretches of the coastline also have their own traditions. The
visit of Tamaahua to Piopiotahi (Milford Sound) in search of Poutini, who had
absconded with his wife Waitaiki, is linked to the creation of Pounamu further
north on Te Tai Poutini (the West Coast). The koko-tangiwai which is found in
Piopiotahi has its basis in a visit to Piopiotahi by the waka Tairea. A woman,
Koko-tangiwai, and her children, known as Matakirikiri, were left behind by the
Tairea and were turned into varieties of pounamu.

3.4

Place names along the coast record Ngai Tahu history and point to the
landscape features which were significant to people for a range of reasons. For
example, in his voyage around the Sounds in the waka Takitimu, Tamatea gave the
chiselled terrain the name 'Te Rua-o-te-moko', likening the deep gouges adorning
the impressive cliff faces of the fiords to the tattoos on a chief's face.
Martins Bay (Whakatipu-waitai or Kotuku) to the north of the fiords was the site
of an old settlement, located to control the pounamu resources to be found here.
An area of Doubtful Sound is known as Kahui-te-kakapo, Dagg Sound had a canoe
harbour known as Te Ra. Breaksea Island (within Breaksea Sound Te Puaitaha) is
known as Te Au Moana, referring to the ocean current that sweeps around the
inlet. Cape Providence is known as Orariki, a cliff near here is called
Taka-o-te-karehu-o-Tamatea, referring to an episode when some tattooing ink
belonging to Tamatea washed over board. Chalky Sound is known as Taiari and a
rock in the Sound is known as Te Kakahu-o-Tamatea, a place where Tamatea had his
clothes spread out to dry after being drenched by the salt spray. Preservation
Inlet has the name Rakituma.

3.5

The area was visited mainly by Ngati Mamoe and Ngai Tahu, who had various
routes and nohoanga for the purpose of gathering koko-tangiwai and manu (birds),
particularly the kakapo. The area played a significant role in the history of
conflict between Ngai Tahu and Ngati Mamoe, with a number of Ngati Mamoe taking
refuge in the isolation of the fiords in order to escape the unforgiving
attitudes of some sections of Ngai Tahu. The noted rangatira Tarewai from Otago
Heads met his end here at the hands of Ngati Mamoe, having pursued them from the
Otago Peninsula to Rakituma. Tarewai and his warriors were successfully ambushed
by those they were pursuing, with the result that no one ever returned to Otago
from this battle. Te Whare Pa in Rakitimu was the scene of one of the last major
battles between Ngati Mamoe and Ngai Tahu.

3.6

Another dark piece of history occurred Te Tauraka o te Hupokeka (Anita Bay).
Hupokeka and his whanau (family) regularly vistied Piopiotahi, travelling from
Murihiku to gather koko-tangiwai, and staying at a nohoanga in Anita Bay. It was
here, in the 1820s, that he and his whanau were slaughtered by sealers in
retribution for an incident of which they were quite innocent.

3.7

Because of its attractiveness as a place to establish permanent settlements,
including pa (fortified settlements), the coastal area was visited and occupied
first by Ngati Mamoe and later by Ngai Tahu. Through conflict and alliance these
two iwi have merged in the whakapapa (genealogy) of Ngai Tahu. Battles 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. Notable pa and nohoanga occurred in many areas on the Fiordland coast
including: Milford (Lake Marchant) and Caswell Sounds; Kahui-te-kakapo (Doubtful
Sound), known as the gathering place of the kakapo, in reference to the
gathering of kakapo meat and feathers which was one of the key reasons that Ngai
Tahu Whanui regularly travelled to the fiords; Dagg Sound gets the sun all day,
and consequently is well known as a nohoanga site, it also has a good canoe
harbour known as Te Ra; Rakituma is the site of several pa or nohoanga,
including one at Matauira and another at Te Whare Pa.

3.8

It was the koko-tangiwai and kakapo which primarily attracted Ngai Tahu to
Fiordland. The koko-tangiwai is favoured as a softer type of pounamu, more
easily shaped into a finer quality of end product. It was therefore particularly
sought-after for the making of ornaments, such as hei-tiki. The area also
offered many other mahinga kai to sustain parties on their arduous expenditions,
including a range of manu (birds), fish and kaimoana resources.

3.9

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 the area, the relationship of people with the coastline 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.

3.10

There are two principal trails linking the Fiordland coast with the rest of
Te Wai Pounamu (the South Island). A sea route around the fiords links
Piopiotahi to Murihiku, and was the main route by which the koko-tangiwai
gathered from that end of the fiords was transported. The inland route for
transporting koko-tangiwai by back pack lay over what is now known as the
Milford track, over Omanui (McKinnon Pass), down the Waitawai (Clinton River) to
the head of Te Ana-au (Lake Te Anau). From there, the pounamu would be
transportede by mokihi to the head of the Waiau River, and from there down the
Waiau to Te Ara a Kiwa (Foveaux Strait). In addition, a trail from Martins Bay,
up the Hollyford Valley and over into the Routeburn Valley to the pounamu source
at the head of Lake Whakatipu-wai-Maori, was commonly used by Tai Poutini iwi,
who regularly travelled south via this route to obtain koko-tangiwai.

3.11

Hence tauranga waka (landing places) occur up and down the coast and
wherever a tauranga waka is located there is also likely to have been a
nohoanga, fishing ground, kaimoana resource, 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.

3.12

The fiords are the repository of many koiwi tangata, secreted away in
keeping places throughout the region. There are also many other wahi tapu in the
area, including examples of rock art in Chalky Sound. Urupa are the resting
places of Ngai Tahu tupuna and, as such, are the focus for whanau traditions.
Urupa and wahi tapu are places holding the memories, traditions, victories and
defeats of Ngai Tahu tupuna, and are frequently protected in secret locations.

3.13

The mauri of Te Mimi o Tu Te Rakiwhanoa 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.

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 Mimi o Tu Te Rakiwhanoa, 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 Mimi
o Tu Te Rakiwhanoa 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 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
Mimi o Tu Te Rakiwhanoa 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 Mimi o Tu Te Rakiwhanoa.

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 Mimi o Tu Te Rakiwhanoa.