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Section 5.1 - Statutory Acknowledgements, Nohoanga and Tōpuni

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Section 5.1 - Statutory Acknowledgements, Nohoanga and Tōpuni Proposed Southland District Plan 2012 Appeal Version October 2016 Section 5.1 - Statutory Acknowledgements, Nohoanga and Tōpuni Instruments from the Ngāi Tahu Claims Settlement Act 1998 1.0 Introduction 1.1 Information For Plan Users And Resource Consent Applicants The Ngāi Tahu Claims Settlement Act 1998 implements a number of settlement provisions recognising the particular cultural, spiritual, historical and traditional associations of Ngāi Tahu with particular sites, areas and species. These provisions include the identification of taonga species and the establishment of tōpuni, statutory acknowledgements and nohoanga sites, with the purpose of improving the effectiveness of Ngāi Tahu participation in resource management. It is important to recognise that there are other sites of significance to Ngāi Tahu, particularly at a local level, including sites of cultural significance. The purpose of this schedule and associated map is to fulfil the requirements of Section 220 of the Ngāi Tahu Claims Settlement Act 1998 and also to draw attention to areas of the Ssouthland District which are subject to statutory acknowledgements under that Act. The Council recognises that it is bound by provisions of Part 12 of the Ngāi Tahu Claims Settlement Act in relation to its functions under the Resource Management Act 1991 with respect to these areas. 2.0 Statutory Acknowledgement Areas 2.1 What Is A Statutory Acknowledgement? A Statutory Acknowledgement is an instrument created as part of the Treaty of Waitangi settlement between Ngāi Tahu and the Government (Ngāi Tahu Claims Settlement Act 1998). A Statutory Acknowledgement is a means by which the Crown has formally acknowledged the statements made by Te Rūnanga O Ngāi Tahu of the particular cultural, spiritual, historic and traditional association of Ngāi Tahu with the statutory areas. Statutory Acknowledgments recognise Ngāi Tahu's mana in relation to a range of sites and areas in the South Island and provide for this to be reflected in the management of those areas. Statutory Acknowledgments impact upon Resource Management Act 1991 processes concerning these areas. 2.2 What Are The Purposes Of Statutory Acknowledgements? The purposes of Statutory Acknowledgements are: 1. To ensure that the particular association of Ngāi Tahu with certain significant areas in the South Island are identified and that Te Rūnanga o Ngāi Tahu is informed when a proposal may affect one of these areas. 2. To improve the implementation of Resource Management Act 1991 processes, in particular by requiring consent authorities to have regard to statutory acknowledgements when making decisions on the identification of affected parties. 2.3 Who May Be Affected By Statutory Acknowledgements? You may be affected by a statutory acknowledgment if you are applying for resource consent for an activity that is within, adjacent to, or directly impacting on a statutory area. Section 5.1 - Statutory Acknowledgements, Nohoanga and Tōpuni - 1 Proposed Southland District Plan 2012 Appeal Version October 2016 2.4 What Happens When You Apply? If you are applying for resource consent for an activity within, adjacent to, or directly impacting on a statutory area: 1. The local authority must send a summary of your resource consent application to Te Rūnanga o Ngāi Tahu. 2. The local authority must have regard to the statutory acknowledgement in going through the decision-making process on whether Te Rūnanga o Ngāi Tahu is an affected party in relation to the resource consent application. 2.5 Forwarding Resource Consent Applications To Ngāi Tahu Section 215 of the Ngāi Tahu Claims Settlement Act 1998 “Purpose of Statutory Acknowledgements” is as follows: 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. 2. To require that consent authorities, the Historic Places Trust, or the Environment Court, as the case may be, have regard to the Statutory Acknowledgements in relation to the statutory area, as provided in Sections 208 to 210. 3. To empower the Minister of the Crown responsible for management of the statutory areas, or the Commissioner of Crown Lands, as the case may be, to enter into deeds of recognition as provided in Section 212. 4. To enable Te Rūnanga o Ngāi Tahu and any member of Ngāi ai Tahu Whānui to cite statutory acknowledgements as evidence of the association of Ngāi Tahu to the statutory area. 2.6 Recording Statutory Acknowledgements In The Southland District Plan Section 220 of the Ngāi Tahu Claims Settlement Act 1998 requires that: 1. Local authorities within the Ngāi Tahu claim area must attach to all regional policy statements, district plans and regional plans (including proposed plans and proposed policy statements) from time to time prepared pursuant to the Act, information recording all statutory acknowledgements affecting statutory areas covered wholly or partly by such policy statements or plans, either by way of reference to this part or by setting out the statutory acknowledgements in full. 2. The attachment of information to any policy statement or plan pursuant to subsection (1) is for the purpose of public information only and the information is neither part of the plan (unless adopted by the relevant regional council or district council) nor subject to the provisions of the First Schedule of the Act. Section 5.1 - Statutory Acknowledgements, Nohoanga and Tōpuni - 2 Proposed Southland District Plan 2012 Appeal Version October 2016 2.7 Statutory Acknowledgement Areas Within Southland District Council Jurisdiction There are 14 Statutory Acknowledgements identified in the Southland District Plan, these are: SA1 Aparima River - being the land identified on Allocation Plan MD 126 (SO 12265). SA2 Hananui (Mt Anglem) - being the land identified on Allocation Plan MS264 (SO 12235). SA3 Lake Hauroko - being the land identified on Allocation Plan MD41 (SO 12258). SA4 Manawapopore/Hikuraki (Mavora Lakes) - being the land identified on Allocation Plan MD44 (SO 12235). SA5 Mataura River - being the land identified on Allocation Plan MD125 (SO 12264). SA6 Motorau/Lake Manapouri - being the land identified on Allocation Plan MD40 (SO 12257). SA7 Ōreti River - being the land identified on Allocation Plan MD42 (SO 12262). SA8 Te Ana-au (Lake Te Anau) - being the land identified on Allocation Plan MD42 (SO 12259). SA9 Toi Toi Wetland (Rakiura) - being the land identified on Allocation Plan MD135 (SO 12266). SA10 Tutoko - being the land identified in Allocation Plan MS3 (SO 12231). SA11 Uruwera (Lake George) - being the land identified on Allocation Plan MD59 (SO 12261). SA12 Waiau River - being the land identified on Allocation Plan MD124 (SO 12263). SA13 Waituna Wetland - being the land identified on Allocation Plan MD58 (SO 12260). SA14 Whenua Hou/Codfish Island - being the land identified on Allocation Plan SS431 (SO 12251). A full description of these areas is given below. A map identifying the general location of these areas is appended to this Schedule and can also be found in the District Plan Maps. Section 5.1 - Statutory Acknowledgements, Nohoanga and Tōpuni - 3 Proposed Southland District Plan 2012 Appeal Version October 2016 SA1 Statutory Acknowledgement for Aparima River (From Schedule 15 - refer to Sections 205 and 206 Ngāi Tahu Claims Settlement Act 1998) Statutory Area The statutory area to which this statutory acknowledgement applies is the River known as Aparima, the location of which is shown on Allocation Plan MD126 (SO 12265). 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 the Aparima River, as set out below. Ngāi Tahu Association With The Aparima River The mouth of the Aparima was the site of a permanent settlement, with associated urupā nearby. Urupā are the resting places of Ngāi Tahu tūpuna and, as such, are the focus for whānau traditions. These are places holding the memories, traditions, victories and defeats of Ngāi Tahu tūpuna and are frequently protected by secret locations. The river was an important source of mahinga kai, with shellfish, mussels, paua, tuna (eels) and inaka (whitebait) all being taken from the river and its estuary. An eel weir was constructed at the narrows where the Pourakino River enters the Aparima and was an important source of tuna. The tūpuna had considerable knowledge of whakapapa, traditional trails and tauranga waka (landing places), places for gathering kai and other taonga, ways in which to use the resources of the Aparima, the relationship of people with the river 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. The mouth of the Aparima was a tauranga waka, from which sea voyages were launched to and from a variety of locations in and around Te Ara a Kiwa (Foveaux Strait), Rakiura and the Tītī Islands. A carved tauihu (canoe prow) found in the estuary of the river attests to this. The tūpuna had an intimate knowledge of navigation, river routes, safe harbours and landing places and the locations of food and other resources on the Aparima. The river was an integral part of a network of trails which were used in order to ensure the safest journey and incorporated locations along the way that were identified for activities including camping overnight and gathering kai. Knowledge of these trails continues to be held by whānau and hapū and is regarded as a taonga. The traditional mobile lifestyle of the people led to their dependence on the resources of the river. The mauri of the Aparima 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 river.
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