In the “Stewart Island/Rakiura Conservation Management Strategy and Rakiura National Park Management Plan 2011-2021

The excerpts below are from the Ngāi Tahu Claims Settlement Act 1998.

Excerpt 1 – Deed of Recognition for Mt Anglem/Hananui

DEED OF RECOGNITION FOR HANANUI (MOUNT ANGLEM)

(Clause 12.3)

THIS DEED IS MADE ON

BETWEEN:

(1) TE RŪNANGA O NGĀI TAHU (“Te Rūnanga”)

(2) HER MAJESTY THE QUEEN in right of New Zealand acting by the Minister of Conservation (the “Crown”)

Background

A   On 21 November 1997 Te Rūnanga 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 Ngāi Tahu Whānui.

B   Pursuant to section clause 12.3 of the Deed of Settlement, Te Rūnanga and the Crown agreed to enter into Deeds of Recognition acknowledging, on the terms identified below, Te Rūnanga’s statement of the cultural, spiritual, historic and/or traditional association on which the mana and Tangata whenua status of Ngāi Tahu in relation to specific areas is based.

ACCORDINGLY, the parties acknowledge and agree as follows:

1 Specific area of Hananui

The area which is the subject of this Deed is the area known as Hananui (Mt Anglem) (the “Area”) as shown on Allocation Plan MS 264 (SO Plan 12249). The Area is administered by the Department of Conservation.

2 Cultural, spiritual, historic and/or traditional associations of Hananui

2.1 Pursuant to section 206 Ngāi Tahu Claims Settlement Act 1998 and clause 12.2.2 of the Deed of Settlement, the Crown acknowledges Te Rūnanga’s statement of Ngāi Tahu’s cultural, spiritual, historic and/or traditional association to Hananui as set out below.

2.2 As with all principal maunga (mountains), Hananui is imbued with the spiritual elements of Raki and Papa, in tradition and practice regarded as an important link to the primeval parents.

2.3 The name Hananui is derived from an event involving the tupuna (ancestor) Rakitamau, a chief of Te Taumutu, and son of Tū Te Kawa. Rakitamau became a widower through the unfortunate death of his wife. Rakitamau journeyed to Motunui (as Rakiura was called then) seeking the hand of a tribally renowned wāhine (woman) to take her place, as in his view she would increase his standing due to her mana, reflected in her connections to the land and important people of Rakiura.

2.4 On his arrival at her village, Rakitamau asked for the woman by name, only to be told by a laughing group of women she was tāpui (betrothed or set apart). At this, Rakitamau blushed deeply. When he then asked for her sister the people laughed loudly, as they told him she was tāpui also. This news made him blush further so that his cheeks flamed. He left the island never to return and the women were so amused that they named the highest point on the island Hananui, referring to the great glow of Rakitamau, in memory of the event. Rakiura itself takes its name from the glowing skies of this region, the aurora lights.

2.5 For Ngāi Tahu, traditions such as this 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 Ngāi Tahu as an iwi.

2.6 Pūtātāra was an old settlement under the lee of Hananui, a place to which an Otago rangatira (chief), Tukiauau, retired to seek refuge.

2.7 The mauri of Hananui 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 Ngāi Tahu Whānui with Hananui.

3 Role of Te Rūnanga

3.1 By reason of the Crown’s acknowledgement of the association described in clause 2, Te Rūnanga 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 the land within the Area:

  1. the preparation, consistent with Part IIIA of the Conservation Act and sections 40A and 40B of the Reserves Act, of all Conservation Management Strategies and Conservation Management Plans which relate to the Area;
  2. the preparation of all non-statutory plans, strategies or programmes for the protection and management of the Area in the relation to the following:
    1. any programme to identify and protect indigenous plants;
    2. any survey to assess current and future visitor activities;
    3. any programme to identify and protect wildlife;
    4. any programme to eradicate pests or other introduced species; or
    5. any survey to identify the number and type of concessions which may be appropriate; and
    6. the location, construction and relocation of any structures, huts, signs and tracks.

3.2 In order to enable Te Rūnanga to fulfil its role under clause 3.1 the Crown will provide Te Rūnanga with relevant information to enable Te Rūnanga to consider and advise its views to the Crown on any matter on which it is consulted.

3.3 The Crown will inform Te Rünanga of all concession applications to the Area (but retains the discretion to withhold commercially sensitive material).

4 Other provisions

Pursuant to sections 217, 218, and 219 of the Ngāi Tahu Claims Settlement Act 1998 and clauses 12.2.11, 12.2.12 and 12.2.13 of the Deed of Settlement:

4.1 Except as expressly provided in this Deed of Recognition:

  1. 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
  2. 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 Ngāi 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 214 of the Ngāi Tahu Claims Settlement Act 1998 (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 part 9 of the Ngāi Tahu Claims Settlement Act 1998 (Section 9 of the Deed of Settlement) will apply).

6 Change in management

Pursuant to clause 12.2.9 of the Deed of Settlement 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 Rūnanga 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.

Schedule 18 – Statutory acknowledgement for Hananui (Mount Anglem)
Sections 205 and 206

Statutory area

The statutory area to which this statutory acknowledgement applies is the area known as Hananui (Mt Anglem), as shown on Allocation Plan MS 264 (SO 12249).

Preamble

Under section 206, the Crown acknowledges Te Rūnanga o Ngāi Tahu’s statement of Ngāi Tahu’s cultural, spiritual, historic, and traditional association to Hananui, as set out below.

Ngāi Tahu association with Hananui

As with all principal maunga (mountains), Hananui is imbued with the spiritual elements of Raki and Papa, in tradition and practice regarded as an important link to the primeval parents.

The name Hananui is derived from an event involving the tupuna (ancestor) Rakitamau, a chief of Te Taumutu, and son of Tu Te Kawa. Rakitamau became a widower through the unfortunate death of his wife. Rakitamau journeyed to Motunui (as Rakiura was called then) seeking the hand of a tribally renowned wahine (woman) to take her place, as in his view she would increase his standing due to her mana, reflected in her connections to the land and important people of Rakiura.

On his arrival at her village, Rakitamau asked for the woman by name, only to be told by a laughing group of women she was tapui (betrothed or set apart). At this, Rakitamau blushed deeply. When he then asked for her sister the people laughed loudly, as they told him she was tapui also. This news made him blush further so that his cheeks flamed. He left the island never to return and the women were so amused that they named the highest point on the island Hananui, referring to the great glow of Rakitamau, in memory of the event. Rakiura itself takes its name from the glowing skies of this region, the aurora lights.

For Ngāi Tahu, traditions such as this 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 Ngāi Tahu as an iwi.

Putatara was an old settlement under the lee of Hananui, a place to which an Otago rangatira (chief, Tukiauau, retired to seek refuge.

The mauri of Hananui 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 Ngāi Tahu Whanui with Hananui.

Purposes of statutory acknowledgement

Pursuant to section 215, and without limiting the rest of this schedule, the only purposes of this statutory acknowledgement are—

  1. To require that consent authorities forward summaries of resource consent applications to Te Rūnanga o Ngāi Tahu as required by regulations made pursuant to section 207 (clause 12.2.3 of the deed of settlement); and
  2. To require that consent authorities, the Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Hananui, as provided in sections 208 to 210 (clause 12.2.4 of the deed of settlement); and
  3. To empower the Minister responsible for management of the Hananui or the Commissioner of Crown Lands, as the case may be, to enter into a Deed of Recognition as provided in section 212 (clause 12.2.6 of the deed of settlement), and
  4. To enable Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whanui to cite this statutory acknowledgement as evidence of the association of Ngāi Tahu to Hananui as provided in section 211 (clause 12.2.5 of the deed of settlement).

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 208  to 211, 213, and 215,—

  1. This statutory acknowledgement does not affect, and is not to 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
  2. without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under statute regulation or bylaw may give any greater or lesser weight to Ngāi Tahu’s association to Hananui (as described in this statutory acknowledgement) than that person or entity would give under the relevant statute, regulation, or bylaw, if this statutory acknowledgement did not exist in respect of Hananui.

Except as expressly provided in this Act, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in this Act, this statutory acknowledgement does 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, Hananui.

Excerpt 2 - Deed of Recognition for Toi Toi wetland

DEED OF RECOGNITION FOR TOI TOI WETLAND, RAKIURA, SOUTHLAND

(Clause 12.3)

THIS DEED IS MADE ON

BETWEEN:

(1) TE RŪNANGA O NGĀI TAHU (“Te Rūnanga”)

(2) HER MAJESTY THE QUEEN in right of New Zealand acting by the Minister of Conservation (the “Crown”)

Background

A   On 21 November 1997 Te Rūnanga 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 Ngāi Tahu Whānui.

B   Pursuant to section 12.3 of the Deed of Settlement, Te Rūnanga and the Crown agreed to enter into Deeds of Recognition acknowledging, on the terms identified below, Te Rūnanga’s statement of the cultural, spiritual, historic and/or traditional association on which the mana and Tangata whenua status of Ngāi Tahu in relation to specific areas is based.

ACCORDINGLY, the parties acknowledge and agree as follows:

1 Specific area of Toi Toi Wetland

The area which is the subject of this Deed is the bed of the Wetland known as Toi Toi (the “Area”), the location of which is shown on Allocation Plan MD 135 (SO Plan 12266). The Area is administered by the Department of Conservation.

2 Cultural, spiritual, historic and/or traditional associations of Toi Toi

2.1 Pursuant to section 206 of the Ngāi Tahu Claims Settlement Act 1998, the Crown acknowledges Te Rūnanga’s statement of Ngāi Tahu’s cultural, spiritual, historic and/or traditional association to Toi Toi as set out below.

3 Cultural, spiritual, historic and/or traditional association of Ngāi Tahu with the statutory area

3.1 Toi Toi wetland is particularly significant to Ngāi Tahu as a kakapō habitat. The kakapō, once a prized mahinga kai for Ngāi Tahu, used the wetland as a feeding ground.

3.2 The thad considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai and other taonga, ways in which to use the resources of Toi Toi, the relationship of people with the wetland and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to Ngāi Tahu today.

3.3 Much of Toi Toi’s value lies in its pristine and unmodified character. The mauri of Toi Toi 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 Ngāi Tahu Whānui with the wetland.

4 Role of Te Rūnanga

4.1 By reason of the Crown’s acknowledgement of the association described in clause 2, Te Rūnanga 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:

  1. 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:
  2. the preparation of all non-statutory plans, strategies or programmes for the protection and management of the Area in the relation to the following:
    1. any programme to identify and protect indigenous plants;
    2. any survey to assess current and future visitor activities;
    3. any programme to identify and protect wildlife;
    4. any programme to eradicate pests or other introduced species; or
    5. any survey to identify the number and type of concessions which may be appropriate; and
  3. the location, construction and relocation of any structures.

4.2 In order to enable Te Rūnanga to fulfil its role under clause 3.1 the Crown will provide Te Rūnanga with relevant information to enable Te Rūnanga to consider and advise its views to the Crown on any matter on which it is consulted.

4.3 The Crown will inform Te Rūnanga of all concession applications to the Area (but retains the discretion to withhold commercially sensitive material).

5 Other provisions

Pursuant to sections 217, 218 and 219 of the Ngāi Tahu Claims Settlement Act (clauses 12.2.11, 12.2.12 and 12.2.13 of the Deed of Settlement):

5.1 except as expressly provided in this Deed of Recognition:

  1. 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
  2. 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 Ngāi 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;

5.2 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;

5.3 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.

5.4 Nothing in this Deed requires the Crown to undertake any management function referred to in clause 3 above.

6 Alienation of land

Pursuant to section 214 of the Ngāi Tahu Claims Settlement Act 1998 (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 9 of the Ngāi Tahu Claims Settlement Act 1998 (Section 9 of the Deed of Settlement) will apply).

7 Change in management

Pursuant to 12.2.9 of the Deed of Settlement 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 Rūnanga 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.

Schedule 63 – Statutory acknowledgement for Toi Toi Wetland, Rakiura
Sections 205 and 206

Statutory area

The statutory area to which this statutory acknowledgement applies is the Wetland known as Toi Toi, the location of which is shown on Allocation Plan MD 135 (SO 12266).

Preamble

Under section 206, the Crown acknowledges Te Rūnanga o Ngāi Tahu’s statement of Ngāi Tahu’s cultural, spiritual, historic, and traditional association to Toi Toi, as set out below.

Ngāi Tahu association with Toi Toi

Toi Toi wetland is particularly significant to Ngāi Tahu as a kakapo habitat. The kakapo, once a prized mahinga kai for Ngāi Tahu, used the wetland as a feeding ground.

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 Toi Toi, the relationship of people with the wetland and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to Ngāi Tahu today.

Much of Toi Toi’s value lies in its pristine and unmodified character. The mauri of Toi Toi 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 Ngāi Tahu Whanui with the wetland.

Purposes of statutory acknowledgement

Pursuant to section 215, and without limiting the rest of this schedule, the only purposes of this statutory acknowledgement are—

  1. To require that consent authorities forward summaries of resource consent applications to Te Rūnanga o Ngāi Tahu as required by regulations made pursuant to section 207 (clause 12.2.3 of the deed of settlement); and
  2. To require that consent authorities, the Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Toi Toi as provided in sections 208 to 210 (clause 12.2.4 of the deed of settlement); and
  3. To empower the Minister responsible for management of Toi Toi or the Commissioner of Crown Lands, as the case may be, to enter into a Deed of Recognition as provided in section 212 (clause 12.2.6 of the deed of settlement); and
  4. To enable Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whanui to cite this statutory acknowledgement as evidence of the association of Ngāi Tahu to Toi Toi as provided in section 211 (clause 12.2.5 of the deed of settlement).

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 208 to 211, 213, and 215,—

  1. This statutory acknowledgement does not affect, and is not to 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
  2. Without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu’s association to Toi Toi (as described in this statutory acknowledgement) than that person or entity would give under the relevant statute, regulation, or bylaw, if this statutory acknowledgement did not exist in respect of Toi Toi.

Except as expressly provided in this Act, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in this Act, this statutory acknowledgement does 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, Toi Toi.

Schedule 108 – Statutory acknowledgement for Whenua Hou
Section 332

Statutory area

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

Preamble

Under section 332 (clause 12.2.2 of the deed of settlement), the Crown acknowledges Te Rūnanga o Ngāi Tahu’s statement of Ngāi Tahu’s cultural, spiritual, historic, and traditional association to Whenua Hou as set out below.

Ngāi Tahu association with Whenua Hou

Ko Whenua Hou te motu
Ko Waikoropupu te whaka
Ko Waituna te awe
Ko Te Ara a Kewa te moana
Ko Kai tahu, Kati mamoe, Waitaha ka iwi
Kei Kai tahu Whanui
Te ihi, te wehi, te mana, te tapu
Tihei mauri ora!

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

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

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 tītī 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.

Despite Ngāi 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 Ngāi Tahu history. It relates to the occasion when the rangatira Honekai declared the island as the place sealers and their Māori 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.

Many Ngāi Tahu are able to trace their whakapapa (genealogy) to these early unions between Ngāi Tahu women and European sealers. It is for this reason that Whenua Hou plays an extremely significant role in Ngāi Tahu’s contemporary whakapapa. For Ngāi 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 Ngāi Tahu as an iwi.

There are a number of urupa on Whenua Hou which are the resting places of Ngāi 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.

Ngāi Tahu whanau from Murihiku have erected a pouwhenua (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 pouwhenua:

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 i Kaitahu i roto ka tikaka i 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, kia 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 Kai tahu Whanui. Looking on, seeing that the principal life source of Kai tahu’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.

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 Ngāi Tahu Whanui with the island.

Purposes of statutory acknowledgement

Pursuant to section 215, and without limiting the rest of this schedule, the only purposes of this statutory acknowledgement are—

  1. To require that consent authorities forward summaries of relevant resource consent applications to Te Rūnanga o Ngāi Tahu as required by regulations made pursuant to section 207 (clause 12.2.3 of the deed of settlement); and
  2. 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 sections 208 to 210 (clause 12.2.4 of the deed of settlement); and
  3. To empower the Minister responsible for management of Whenua Hou or the Commissioner for Crown Lands, as the case may be, to enter into a deed of recognition as provided in section 212 (clause 12.2.6 of the deed of settlement), and
  4. To enable Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whanui to cite this statutory acknowledgement as evidence of the association of Ngāi Tahu to Whenua Hou as provided in section 211 (clause 12.2.5 of the deed of settlement).

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 208 to 211, 213, and 215,—

  1. This statutory acknowledgement does not affect, and is not to 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
  2. Without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu’s association to Whenua Hou (as described in this statutory acknowledgement) than that person or entity would give under the relevant statute, regulation, or bylaw, if this statutory acknowledgement did not exist in respect of Whenua Hou.

Except as expressly provided in this Act, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in this Act, this statutory acknowledgement does 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.

Schedule 104 – Statutory acknowledgement for Rakiura/Te Ara a Kiwa (Rakiura/Foveaux Strait Coastal Marine Area)
Sections 205, 312 and 313

Statutory Area

The statutory area to which this statutory acknowledgement applies is Rakiura/Te Ara a Kiwa (Rakiura/Foveaux Strait Coastal Marine Area), the Coastal Marine Area of the Hokonui and Awarua constituencies of the Southland region, as shown on SO 11505 and 11508, Southland Land District as shown on Allocation Plan NT 505 (SO 19901).

Preamble

Under section 313 the Crown acknowledges Te Rūnanga o Ngāi Tahu’s statement of Ngāi Tahu’s cultural, spiritual, historic, and traditional association to Rakiura/Te Ara a Kiwa as set out below.

Ngāi Tahu association with Rakiura/Te Ara a Kiwa

Generally 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 brother to turn to stone. They are manifested now in the highest peaks of the Ka Tititiri of 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.

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 o Maui in recognition of his discovery of the new lands. A number of coastal place names are attributed to Maui, particularly on the southern coast. Maui is said to have sojourned at Omaui (at the mouth of the New River estuary) for a year, during which time he claimed the South Island for himself. It is said that in order to keep his waka from drifting away he reached into the sea and pulled up a stone to be used as an anchor, which he named Te Puka o Te Waka o Maui (Rakiura or Stewart Island).

The great explorer Rakaihautu travelled overland along the coast, identifying the key places and resources. He also left many place names on prominent coastal features. When Rakaihautu’s southward exploration of the island reached Te Ara a Kiwa, he followed the coastline eastwards before heading for the east coast of Otago.

Particular stretches of the coastline also have their own traditions. Foveaux Strait is known as Te Ara a Kiwa (the pathway of Kiwa), the name relating to the time when Kiwa became tired of having to cross the land isthmus which then joined Murihiku (Southland) with Rakiura (Stewart Island). Kiwa requested the obedient Kewa (whale) to chew through the isthmus and create a waterway so Kiwa could cross to and fro by waka. This Kewa did, and the crumbs that fell from his mouth are the islands in Foveaux Strait, Solander Island being Te Niho a Kewa, a loose tooth that fell from the mouth of Kewa.

The waka Takitimu, captained by the northern rangatira (chief) Tamatea, travelled around much of the Te Wai Pounamu coast, eventually breaking its back at the mouth of the Waiau River in Murihiku. Many place names on the coast can be traced back to this voyage, including Monkey Island near Orepuki which is known as Te-Punga (or Puka)-a-Takitimu. While sailing past the cliffs at Omaui it is said that Tamatea felt a desire to go ashore and inspect the inland, and so he turned to the helmsman and gave the order “Tarere ki whenua uta” (“swing towards the mainland”), but before they got to the shore he countermanded the order and sailed on. Subsequently the whole area from Omaui to Bluff was given the name of Te Takiwa o Tarere ki Whenua Uta.

In olden days when people from the Bluff went visiting they were customarily welcomed on to the host’s marae with the call “haere mai koutou te iwi tarere ki whenua uta”. One of the whare at Te Rau Aroha marae in Bluff if also named “Tarere ki Whenua uta” in memory of this event.

The Takitimu’s voyage through the Strait came to an end when the waka was overcome by three huge waves, named O-te-wao, O-roko and O-kaka, finally coming to rest on a reef near the mouth of the Waiau (Waimeha). According to this tradition, the three waves continued on across the low lying lands of Murihiku, ending up as permanent features of the landscape.

For Ngāi 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 documents the events which shaped the environment of Te Wai Pounamu and Ngāi Tahu as an iwi.

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 Ngāi Tahu in succession, who through conflict and allegiance, have merged in the whakapapa (genealogy) of Ngāi 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.

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 an intricate network of mahinga kai (food gathering) rights and networks that relied to a large extent on coastal resources.

Mokamoka (Mokomoko or Mokemoke) was one such settlement, in a shallow inlet of the Invercargill estuary. It was here that Waitai was killed, the first Ngāi Tahu to venture this far south, well out of the range of his own people, then resident at Taumutu. This settlement was sustained by mahinga kai taken from the estuary and adjoining coastline, including shellfish and patiki (flounder).

Oue, a the mouth of the Oreti River (New River estuary), opposite Omaui, was one of the principal settlements in Murihiku. Honekai who was a principal chief of Murihiku in his time was resident at this settlement in the early 1820s, at the time of the sealers. In 1850 there were said to still be 40 people living at the kaik at Omaui under the chief Mauhe. Honekai’s brother, Pukarehu, was a man who led a very quiet life, and so was little known. He is remembered, however, in the small knob in the hills above Omaui which bears his name. When he passed away he was interred in the sandhills at the south end of the Oreti Beach opposite Omaui. Oue is said to have got its name from a man Maui left to look after his interests there until his return. It was also here that the coastal track to Riverton began. From Oue to the beach the track was called Te Ara Pakipaki, then, when it reached the beach, it was called Ma Te Aweawe, finally, at the Riverton end, it was known as Mate a Waewae.

After the death of Honekai, and as a consequence of inter-hapu and inter-tribal hostilities in the Canterbury region, many inhabitants of Oue and other coastal villages on Foveaux Strait relocated to Ruapuke Island, which became the Ngāi Tahu stronghold in the south. The rangatira Pahi and Tupai were among the first to settle on the island. Pahi had previously had one of the larger and oldest pa in Murihiku at Pahi (Pahia), where 40 to 50 whare (houses) were reported in 1828. The Treaty of Waitangi was signed at Ruapuke Island by Tuhawaiki and others. No battles however occurred here, the pa Pa-raki-ao was never fully completed, due to the realisation that Te Rauparaha could not reach this far south.

Other important villages along the coast included: Te Wae Wae (Waiau), Taunoa (Orepuki), Kawakaputaputa (Wakaputa), Oraka (Colac Bay), Aparima (Riverton—named Aparima after the daughter of the noted southern rangatira Hekeia, to whom he bequeathed all of the land which his eye could see as he stood on a spot at Otaitai, just north of Riverton), Turangiteuaru, Awarua (Bluff), Te Whera, Toe Toe (mouth of the Mataura River) and Waikawa.

Rarotoka (Centre Island) was a safe haven at times of strife for the villages on the mainland opposite (Pahi, Oraka and Aparima). Numerous artefacts and historical accounts attest to Rarotoka as having a significant place in the Ngāi Tahu history associated with Murihiku.

Rakiura also plays a prominent part in southern history, the “Neck” being a particularly favoured spot. Names associated with the area include: Korako-wahine (on the western side of the peninsula), Whare-tatara (a rock), Hupokeka (Bullers Point) and Pukuheke (the point on which the lighthouse stands). Te Wera had two pa built in the area called Kaiarohaki, the one on the mainland was called Tounoa, and across the tidal strip was Ka-Turi-o-Whako.

A permanent settlement was located at Port Pegasus/Pikihatiti, at the south-eastern end of Rakiura, where numerous middens and cave dwellings remain. Permanent settlement also occurred on the eastern side of Rakiura, from the Kaik near the Neck, south to Tikotaitahi (or Tikotatahi) Bay. A pa was also established at Port Adventure.

Mahinga kai was available through access from the coastal settlements to Te Whaka-a-te-Wera (Paterson Inlet), Lords River/Tūtaekawetoweto and, particularly for waterfowl, to Toi Toi wetland. In addition, the tītī islands off the northeastern coast of the island, and at the mouth of Kopeka River and the sea fishery ensured a sound base for permanent and semi-permanent settlement, from which nohoanga operated.

Te Ara a Kiwa, the estuaries, beaches and reefs off the mainland and islands all offered a bounty of mahinga kai, with Rakiura and the tītī islands being renowned for their rich resources of bird life, shellfish and wet fish. The area offered a wide range of kaimoana (sea food), including tuaki (cockles), paua, mussels, toheroa, tio (oysters), pupu (mudsnails), cod, groper, barracuda, octopus, patiki (flounders), seaweed, kina, koura (crayfish) and conger eel. Estuarine areas provided freshwater fisheries, including tuna (eels), inaka (whitebait), waikoura (freshwater crayfish), kōkopu and kanakana (lamprey). Marine mammals were harvested for whale meat and seal pups. Many reefs along the coast are known by name and are customary fishing grounds, many sand banks, channels, currents and depths are also known for their kaimoana.

A range of bird life in the coastal area also contributed to the diversity of mahinga kai resources available, including tītī, seabirds such as shags and gulls, sea bird eggs, waterfowl, and forest birds such as kiwi, kaka, kakapo, weka, kukupa and tieke. A variety of plant resources were also taken in the coastal area, including raupo, fern root, ti kouka (cabbage tree), tutu juice and korari juice. Harakeke (flax) was an important resource, required for the everyday tasks of carrying and cooking kai. Black mud (paru) was gathered at Ocean Beach for use as dye. Totara bark was important for wrapping poha in, to allow safe transport of the tītī harvest. Poha were made from bull kelp gathered around the rocky coast.

The numerous tītī islands are an important part of the Ngāi Tahu southern economy, with Taukihepa (Te Kanawera) being the largest. Tītī are traded as far north as the North Island. The “Hakuai” is a bird with a fearsome reputation associated with the islands. No one has ever seen this bird, which appears at night, but it once regularly signalled the end to a birding season by its appearance at night. Known for its distinctive spine-chilling call, the hakuai was a kaitiaki that could not be ignored. At the far western edge of Foveaux Strait is Solander Island (Hau-tere), an impressive rock pinnacle rising hundreds of feet out of the sea, on which fishing and tītī gathering occurred.

The coast was also a major highway and trade route, particularly in areas where travel by land was difficult. Foveaux Strait was a principal thoroughfare, with travel to and from Rakiura a regular activity. There was also regular travel between the islands Ruapuke, Rarotoka and other points.

The tītī season still involves a large movement across the Strait to the islands, in addition large flotillas of Ngāi Tahu once came south from as far afield as Kaikoura to exercise their mutton-birding rights. Whenua Hou (Codfish Island) and the Ruggedy Islands were important staging posts for the movement of birders to the tītī islands off the south-west coast of Rakiura. Whenua Hou had everything that the birders required: shelter, proximity to the tītī islands, kai moana, manu (birds) and ngahere (bush). From Whenua Hou, the birders would camp at Miniti (Ernest Island), at the end of Mason Bay, where the waka-hunua (double hulled canoes, or canoes with outriggers) were able to moor safely, ready for the final movement to the various tītī islands. Waka-hunua were an important means of transport on the dangerous and treacherous waters of Foveaux Strait and the Rakiura coast. After dropping birders and stores on the tītī islands the waka hunua generally returned immediately to Aparima and other tauranga waka along the mainland of Foveaux Strait, due to the paucity of safe anchorages among the tītī islands.

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, including spots at Pahi, Oraka and Aparima, and wherever a tauranga waka is located there is also likely to be a nohoanga (settlement), fishing ground, kaimoana resource, rimurapa (bull kelp — used to make the poha, in which tītī were and still are preserved) and the sea trail linked to a land trail or mahinga kai resource. Knowledge of these areas continues to be held by whanau and hapu and is regarded as a taonga. The traditional mobile lifestyle of the people led to their dependence on the resources of the coast.

The New River estuary contains wāhi tapu, as do many of the coastal dunes and estuarine complexes for the length of the Foveaux Strait. Many urupa are located on islands and prominent headlands overlooking the Strait and the surrounding lands and mountains. The rangatira Te Wera, of Huriawa fame, is buried at Taramea (Howells point), near Riverton. There are two particularly important urupa in Colac Bay, as well as an old quarry site (Tihaka). From Colac Bay to Wakapatu, the coastal sandhills are full of middens and ovens, considered to be linked to the significant mahinga kai gathering undertaken in Lake George (Urewera). Urupa are the resting places of Ngāi Tahu tupuna and, as such, are the focus for whanau traditions. These are places holding the memories, traditions, victories and defeats of Ngāi Tahu tupuna, and are frequently protected in secret locations.

The mauri of the coastal area represent 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 Ngāi Tahu Whanui with the coastal area.

Purposes of statutory acknowledgement

Pursuant to section 215 and without limiting the rest of this schedule, the only purposes of this statutory acknowledgement are—

  1. To require that consent authorities forward summaries of resource consent applications to Te Rūnanga o Ngāi Tahu as required by regulations made pursuant to section 207 (clause 12.2.3 of the deed of settlement); and
  2. To require that consent authorities, the Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Rakiura/Te Ara a Kiwa, as provided in sections 208 to 210 (clause 12.2.4 of the deed of settlement); and
  3. To enable Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whanui to cite this statutory acknowledgement as evidence of the association of Ngāi Tahu to Rakiura/Te Ara a Kiwa as provided in section 208 (clause 12.2.5 of the deed of settlement).

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 208 to 211, 213, and 215,—

  1. This statutory acknowledgement does not affect, and is not to 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
  2. Without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu’s association to Rakiura/Te Ara a Kiwa (as described in this statutory acknowledgement) than that person or entity would give under the relevant statute, regulation or bylaw, if this statutory acknowledgement did not exist in respect of Rakiura/Te Ara a Kiwa.

Except as expressly provided in this Act, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in this Act, this statutory acknowledgement does 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, Rakiura/Te Ara a Kiwa.

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