Ngai Tahu Settlement

ATTACHMENT 13.6
STATUTORY ACKNOWLEDGEMENT FOR WHENUA HOU
(Clause 13.5.3(i))

1 Statutory Area

The area to which this Statutory Acknowledgement applies
(Statutory Area) is the area known as Whenua Hou, as shown on Allocation Plan
SS 431 (SO 12251).

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
Whenua Hou as set out below.

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

3.1 Ko Whenua Hou te motu
Ko Waikoropupu te whaaka
Ko
Waituna te awa
Ko Te Ara a Kewa te moana
Ko Kaitahu, Katimamoe, Waitaha
ka iwi
Kei Kaitahu whanui
Te ihi, te wehi, te mana, te tapu
Tihewa
mauri ora

3.2 Whenua Hou is an extremely important turangawaewae
(literally "a place to stand") to Ngai Tahu Whanui. Ngai Tahu connect with
Whenua Hou spiritually, culturally and physically.

3.3 Whenua Hou was also an important stoppingoff point for
birders converging on the titi islands in their waka (canoes) and waka hunua
(doublehulled canoe). The right to use this island in this way flowed from
whakapapa (genealogy), just like the right to use the titi islands themselves.
Birders would use various kaika (settlements) and resting places on the island
as a respite from their difficult travels.

3.4 One tragic account attests to the loss of life that
occurred in the rough waters of Foveaux Strait. A waka hunua with about forty
people aboard, commanded by the rangatira (chief) Te Pahi, foundered in heavy
seas with the loss of all hands while on its journey from Whenua Hou to Ruapuke
Island at the close of the mutton birding season. This was witnessed by Taiaroa
and his people who were aboard an accompanying waka hunua, but were unable to
offer assistance as their waka was also in dire circumstances. The harvesting of
titi from these rugged islands, despite such treacherous conditions, attests to
the importance of this resource to the economy and customs of the iwi over many
generations.

3.5 Despite Ngai Tahu's long association with Whenua Hou, that
name is not, in fact, the original name of this island, but commemorates an
important time in more recent Ngai Tahu history. It relates to the occasion when
the rangatira Honekai declared the island as the place sealers and their Maori
wives could stay under his protection. The reason for this was to remove the
sealers from the Rakiura and mainland villages where they were annoying the Kai
Tahu women. Hence the new land (Whenua Hou) became the first European settlement
in the south.

3.6 Many Ngai Tahu are able to trace their whakapapa
(genealogy) to these early unions between Ngai Tahu women and European sealers.
It is for this reason that Whenua Hou plays an extremely significant role in
Ngai Tahu's contemporary whakapapa. For Ngai Tahu, histories such as this
represent the links and continuity between past and present generations,
reinforce tribal identity and solidarity, and document the events which shaped
Ngai Tahu as an iwi.

3.7 There are a number of urupa on Whenua Hou which 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 our tupuna, and are frequently protected by secret
locations.

3.8 Ngai Tahu whanau from Murihiku have erected a pou whenua
(carved post denoting a tribe's relationship with an area of land) on Whenua Hou
in memory of the Murihiku women who resided on the island. The establishment of
such markers are significant in that they serve to reaffirm the tribe's
association with the island, and to act as a tangible reminder of that
association. The following waiata (song) was composed to commemorate the
dedication of this pou whenua:

Ka pouwhenuatia te motu o Whenua Hou hei tohu

maumahara mo ka uri whakatupu I raro ake ka iwi

whanui o Kaitahu me ka hapu Karakamaha.

Ka titiro, kei te ora me te kaha tonu te mauri o te

iwi whanui o Kaitahu I roto ka tikaka o ratou

kua karo kanohi atu.

Ka herea a Kaitahu whanui hei kaipupuri, I te ihi,

te wehi, te mana, te tapu o ka tikaka mo te

motu o Whenua Hou.

Ka u, ka u, ia kikii, kia kikii,

Ka tu te po, ka tu te ao

mo ake ake tonu atu.

A symbol of ownership and remembrance was placed on the island
Whenua Hou as a guardian for future generations of the families of Kaitahu
whanui. Looking on, seeing that the Principle Life Source of Kaitahu's
extended family is and will always be as it was in the days of those who have
passed on. To this we tie ourselves as Kaitahu, being the traditional keepers of
the gifts, the strength, humility, prestige. The sacredness, and all that Whenua
Hou holds.

Hold fast, hold fast, tighter, tighter

let night come, let daylight come

for ever, ever, everlasting.

3.9 The mauri of Whenua Hou 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 island.

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 Whenua Hou, as provided in section [ ]
of the Settlement Legislation (clause 12.2.4 of the Deed of
Settlement);

(c) to empower the Minister responsible for management of
Whenua Hou to enter into a Deed of Recognition as provided in section [ ] of the
Settlement Legislation (clause 12.2.6 of the Deed of Settlement); and

(d) 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 Whenua Hou 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 section [ ], 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 Whenua Hou than that person or entity would give under the
relevant statute, regulation or bylaw, as if this Statutory Acknowledgement did
not exist in respect of Whenua Hou.

5.2 Unless expressly provided in the Settlement Legislation,
this Statutory Acknowledgement 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, Whenua Hou.