Te Whakatau Kaupapa

Ngai Tahu Resource Management Strategy for t e Canterbury Region

Te Maire Tau, Anake Goodall David Palmer & Raldihia Tau STATUTORY ACKNOWt EDGEMENTS

Information for resource consent applicants

Introduction What are Statutory Acknowledgements? The Ngai Tahu Claims Settlement Act 1998 A Statutory Acknowledgement is an acknowledgement by the Crown of Ngai Tahu's special relationship with identified areas, namely Ngai Tahu's particular cultural, spiritual, historical, and traditional association (the Settlement Act) gives effect to the Deed with those areas (known as statutory areas). The statutory areas are indicated on the attached map. of Settlement signed by the Crown and Information relating to specific Statutory Acknowledgements will be attached to regional policy statements, district plans and regional plans. Te ROnanga 0 Ngai Tahu on 21 November What are the Purposes of Statutory Acknowledgements? 1997 to achieve a final settlement of Ngai The purposes of Statutory Acknowledgements are: Tahu 's historical claims against the Crown . • to ensure that Ngai Tahu's particular association with certain significant areas in the are identified, and that Te ROnanga 0 Ngai Tahu is informed when a proposal may affect one of these areas; and • to improve the implementation of RMA processes, in particular by requiring consent authorities to have regard The Settlement Act includes a new instrument to Statutory Acknowledgements when making decisions on the identification of affected parties. called a Statutory Acknowledgement. Who may be Affected by Statutory Acknowledgements?

Statutory Acknowledgements recognise You may be affected by a Statutory Acknowledgement if you are applying for a resource consent for an activity that is within, adjacent to, or impacting directly upon a statutory area. Ngai Tahu's mana in relation to a range What happens when you apply? of sites and areas in the South Island, If you are applying for a resource consent for an activity within, adjacent to, or impacting directly upon and provide for this to be reflected in the a statutory area: • the consent authority must send a summary of your resource consent application to Te ROnanga 0 Ngai Tahu; management of those areas. Statutory and • the consent authority must have regard to the Statutory Acknowledgement in going through the process Acknowledgements impact upon Resource of making a decision on whether Te ROnanga 0 Ngai Tahu is an affected party in relation to the resource consent application. Management Act 1991 (RMA) processes Use of Statutory Acknowledgements in Submissions concerning these areas. Members of Ngai Tahu will also be able to cite Statutory Acknowledgements in submissions to consent authorities, the Environment Court and the Historic Places Trust, as evidence of their particular association with statutory This pamphlet provides a brief outline areas. In this context, the Statutory Acknowledgement does not of itself prove the association for the purpose of consent proceedings but may be taken into account by decision-makers. of Statutory Acknowledgements, and how they may affect you, as an applicant for More Information You can obtain further information on Statutory Acknowledgements from: a resource consent. The information provided • your local council. • Ministry for the Environment • NGAI TAHU Group Management Limited South Island Office in this flyer relates only to Statutory Level 7, Te Waipounamu House Level 3, Westpark Towers

Acknowledgements under the Ngai Tahu 158 Hereford Street 56 Cashel Street PO Box 13-046, PO Box 1345, CHRISTCHURCH Claims Settlement Act 1998. Phone 03-366 4344, Fax 03-377 7833 Phone 03-365 4540, Fax 03-3532750 Statutory Acknowledgements Deeds of Recognition

1 Okari Lagoon 2 3 Kotuku-Whakaoho (Lake Brunner / Moana) 4 5 Pouerua (Salt Water Lagoon) 6 Okarito Lagoon 7 Makaawhio (Jacobs) River 8 Karangarua Lagoon 9 Aoraki 10 11 Whakarukumoana (Lake McGregor) 12 Takapo (Lake Tekapo) 13 Lake POkaki 14 Lake Ohau 15 Lake Hawea 16 Lake Wanaka 17 Tititea (Mount Aspiring) 18 TOtoko 19 Pikirakatahi (Mount Earnslaw) Kaikoura 20 Te Wairere () 21 Whakatipu-wai-maori () 22 Manawapopore / Hikuraki (Mavora Lakes) 23 Te Ana-au () 24 Motorau () 25 26 Lake Hauroko 27 Aparima River 28 Ururewa (Lake George) 29 30 Motupohue (Bluff Hill)

31 Waituna Wetland 32 River 33 Kuramea (Lake Catlins) 34 Tokata (The Nuggets) Rordland 35 36 Waihola / Waipori Wetland 37 Mata-au () 38 Ka Moana Haehae () 39 Te Tauraka Poti (Merton Tidal Arm) 40 Matakaea (Shag Point) 41 Kakaunui River 42 43 Punatarakao Wetland Otago 44 45 Mahi Tikumu (Lake Aviemore) 46 Te Ao Marama () 47 Orakipaoa Wetland 48 49 Hekeao (Hinds River) 50 0 TO Wharekai (Ashburton Lakes) Foveaux Strait / Rakiura 51 Hakatere (Ashburton River) 52 Wairewa (Lake Forsyth) 53 Whakamatau () 54 55 Kura Tawhiti (Castle Hill) 56 Moana Rua (Lake Pearson) 57 Waipara River 58 Hoka Kura (Lake Sumner) 59 Hurunui River ~ Coastal Statutory Acknowledgements 60 TOtae Putaputa (Conway River) 61 Lake Rotorua 62 Uerau (Mt Uwerau) 63 Hananui (Mt Anglem) 64 Toi Toi Wetland 65 Whenua Hou Te VVhakatau Kaupapa

NgaiTahu Resource Management Strategy for the Canterbury Region

by Te Maire Tau, Anake Goodall David Palmer & Rakiihia Tau

First pUblished November 1990

Reprinted September 1992 .

7 Cover de~gn by Maarire Goodall

National Library of Cataloguing-in-publication data

Te Whakatau Kaupapa : Ngai Tahu Resource Management Strategy for the Canterbury Region I by Te Maire Tau, Anake Goodall ... ret al.l. Wellington, N.Z. : Aoraki Press, 1990 (reprinted 1992). I v. Includes bibliographical references. Includes index. Includes maps. ISBN 0-908925-06-9 I. Waitangi, Treaty of. 1840. 2. Ngai Tahu (Maori people) -- History. 3. Ngai Tahu (Maori people) -- Land tenure. 4. Maori (New Zealand people) -- New Zealand -- Canterbury Region -- Land tenure. . 5. Maori (New Zealand people) -- New Zealand -- Canterbury Region -- History. 6. Natural resources -- New Zealand -- Canterbury Region -- Management. I. Tau, Te Maire; Goodall. Anake. 333.309937 (993.7)

First published in November 1990 Second Printing September 1992

Aoraki Press Post Office Box 11-699, Wellington, New Zealand (also at Post Office Box 25-029. Christchurch)

© COPYRIGHT BY THE AUTHORS AND AORAKI PRESS. ALL RIGHTS RESERVED.

Published, with typesetting and computer graphics by Aoraki Press.

Fint printed and bound by Government Printin, Office

Reprinted 1992 by Thames Publications Ltd, Martin Square Wellington. New Zealand. ii ( HE MIHI ATU J

I E nga mana, e nga reo

E nga karangaranga 0 nga herenga waka

Tena koulou i raro i te maru 0 Te Matua, Tama, Wairua Tapu, me nga Anahera Pono

Tena hoki koutou nga kilnolzi ora 0 ratou

Kua wehe i tua 0 te Arai Haere e nga mate, Izaere, haere, haere Te hunga ora Tena koutou, tena tatou katoa.

He tapa tu a ko i uta The inland boundaries have been defined He tapa tu a ko i tai The sea coast has been defined

He tapa tu a Tane Tane is responsible for the interior He tapa tu a Tangaroa Tangaroa is responsible for the sea

He kaha ko i uta The inland areas are important He kaha ko i tai The coastal areas are important

He kaha a Tane Tane's influence is very strong He kaha a Tangaroa Tangaroa's influence is very strong

Hei tapa tu a Tane Tane stands for the land

Hei tapa tu a Tangaroa Tangaroa stands for the sea

He Mihi Atu

h iii

Ko 0 matou whakaaro ki Our thoughts are to the land te whenua To the lakes. the rivers and the Nga roto, nga awa, te sea moana That bind us together Hei here i a tatou

To preserve the well-being o nga tuputupunga Of the vines of Tu Whenua (land o Te Aka 0 Tu Whenua & water)

Hei whakato whakatipu That gave rise to

I nga mahinga kai The people's food gathering places ate Iwi

Ko 0 matou tumanako Our hopes are that

Te tatau 0 te The doors of knowledge matauranga

And the doors of thought o nga whakaaro

That have held our people Hei here ai a Iwi, a mana And our authority captive

Ka whakapuakina Will be opened

Ngai Tahu Resource Management Strategy for the Canterbury Region iv

Kia marino ai te wai That the waters of these thoughts

Be calmed and settled o te whakaaro kotahi As one thought

That this canoe of hope Kia tau ki uta That this canoe of love Tenei waka tumanako May reach shore safely Tenei waka aroha

And that peace may prevail Kia tau te rangimarie. amongst us.

Ko Aoraki te maunga Aoraki is the mountain

Ko nga wai huka e rere ana The snow-fed rivers

Ko nga waitapu Are the sacred streams

Ko Ngai Tahu te Iwi Ngai Tahu are the people

Tenei te tangi This is the call

o nga whakatupuranga Of the rising generations

o Ngai Tahu Whanui Of the Ngai Tahu people

Kia koutou, nga iwi To you. the people

o nga marae maha Of the many marae

Kia ora tatou e tau nei. Greetings to you all.

He Mihi Atu z VI ( AUTHORS' NOTE J Legal Status This document has been Regional Council as part of its prepared in an attempt to assist resource management policy, planners, resource managers and and we hope that it will assist politicians at both regional and planners in identifying the district levels. It had no binding resource values and the objec­ status at law at the time that it was tives of the tangata whenua. completed, but that does not mean that it should be ignored. Under existing statutes and case law, our Maps report has at least persuasive value, In an effort to limit the in accord with the requirements of bulk of this document no maps reasonable consultation and showing locations of the Maori considerate behaviour as between reserves have been included, but Treaty Partners acting towards each those maps needed to indicate other with good faith. the location of important, unprotected wahi tapu are included in the text. Any wahi This document is a statement tapu areas on Maori reserve land of Ngai T ahu beliefs and values have not been mapped. The which should be taken into account maps showing these "silent when Town and Country Planning files" are based on the Historic Schemes, or plans under the Water Places Trust series of A4 and Soil Conservation Act, are cadastral maps, and are included being prepared or changed. The as Appendix A. same will apply for their successors under new legislation expected to be enacted in the near future, The New Zealand Historic Resource Management Schemes, Places Trust has published an Regional Policy Statements and extensive inventory of Coastal, District and Regional important cultural and historic management Plans. sites and their precise locations. Ngai Tahu refer planners to these detailed reports as a Ngai T ahu have conducted pri­ necessary preliminary step in vate and open marae discussions, considering any future develop­ spending many hours of effort, in ment options within the Ngai preparing this report, incomplete T ahu tribal rohe potae (tradi­ though it must be in some respects. tional tribal boundary). We hope it will assist our Treaty partners in Local Government, as they wrestle with their own legal All of those sites recorded and planning obligations. by the Historic Places Trust in We hope that this document will the Canterbury Regional be adopted by the Canterbury Council area have been

Authors' Note • vii

consolidated onto ten maps and We have attached a glossary of attached to this report as Appen­ Maori terms and names at the end dix B. These maps are accompa­ of this report, and a translation is nied by a full schedule of those provided immediately after the first sites in Appendix C which instance of every Maori term used contains the site number, a site within the text. classification and specific grid references. The maps are based on the 1:250,000 NZMS 262 Methodology senes. Finally, we would like to provide a brief introduction to the methodology used in the It should be noted that compilation of this document. Appendix B is neither complete or definitive. It is, however, an accurate, easy to read, and quick The number, range and reference to the distribution of complexity of the issues discussed is important sites in the region. considerable. The authors have, therefore, been conscious that this material needs to be well organised Language if it is to be read, understood and of The authors are aware that some practical benefit to our target many readers of this report may audience. have had no prior experience with the Maori language, and also that Maori in other tribal We have started, as we believe areas may be interested in both all discussion on resource-related the contents and format of this issues must, with the implications document. of the Treaty of Waitangi. This section also includes a cursory comment on the Ngai Tahu Claim F or these reasons, a delib­ currently before the Waitangi erate attempt has been made to Tribunal. use "national" Maori terminol­ ogy. We hope that this will allow a direct "translation" of This is followed by a discus­ the Maori terms contained sion on Ngai Tahu attitudes and herein, as far as is practicable. values as they relate to natural We have also consistently used resources. It also attempts to show the more common 'ng' how Ngai Tahu managed their orthography in preference to activities within the environment in our own dialectal 'k' for these pre-European times. The overall same reasons. aim of this section is to give the reader a backdrop against which to view the following text. This notwithstanding, we appreciate that all tribal groups, as well as our own, have their The third section focuses own unique vocabulary and solely on specific categories of definitions. resources and includes Ngai Tahu

Ngai Tahu Resource Management Strategy for the Canterbury Region j policy statements concerning their contained in this report, we future management. have structured the policy section so that it mirrors the organisation of each geographi­ The final, and largest, section cal section in the following is a comprehensive schedule of schedule. We hope that our Maori Reserved lands, including efforts have enhanced the useful­ their block numbers, and also other ness of this information to the resources of importance to the reader. tangata whenua. The Canterbury Region has been subdivided into logical, and traditional, areas. Each Finally, we recommend of these is in turn introduced by . that planning issues in particular relevant historical data and, where districts should not be taken in appropriate, is followed by site­ isolation, and that this docu­ specific policies. ment is read in its entirety. A number of case studies have also been included to further ex­ pand certain points. While these are Te Maire Tau site-specific, the underlying issues are surprisingly common, and the Anake Goodall case studies therefore also help place David Palmer the various discussions in context. Rakiihia Tau Such a report as this must November 1990 necessarily be incomplete in the sense that limitations of tribal Christchurch resources and people and time prevent us from doing similar detailed case studies of every area of Note on second printing, September 1992: known interest and concern to While ft was, and remains, our intention to publish updated planners working within our tribal commentaries and new regional supplements to this book, pressure rohe. It is our hope that the particu­ of other work and lack of resources has delayed these efforts lar Case Studies included here will somewhat. In the meantime continuing demand for the present book enable planners in Local Govern­ has made it necessary to reprint; apart from the new ISBN no changes have been made to the original text or maps. On several ment to make intelligent extrapola­ Ngai Tahu marae members of our various Runanga are working on tions to cover some of the problem supplemental reports for their own regions, and we hope these may areas that are likely to emerge in be ready for publication during the next year or so. their future work, and so provide The Authors and Publisher take this opportunity to thank the many preliminary guidance until such people who have wrftten letters or spoken to us directly to comment time as Ngai T ahu themselves can on this work. We espedal/y thank Kaumatua and research workers progressively expand the present belonging to many North Is/and Iwi for their support and generous remarks on the marae and in correspondence. We are grateful too study. We envisage this as a work for the comments and suggestions from many Planning and Legal extending over many years into the professionals, and those experts working for Maruwhenua and the future, in co-operation with govern­ Ministry for the Environment, Department of Conservation, Depart­ ment and local authorities. ment of Justice and several other Government departments who have helped us with their questions and commentary. So far, the only critical response has been from our own whanauka. He tika tena! We'll try to do a bft better next time, e hoa mao To further improve the acces­ sibility of the information Aoraki Press & TlreAuthors September 1992 Authors' Note h ix

TABLE OF CONTENTS

Mihi vi Authors' Note

ix TABLE OF CONI'ENfS xvi List of Figures & Maps

xx PREFACE by David F G Sheppard, Principal Planning Judge xxi FOREWORD by Tipene O'Regan, Chainnan Ngai Tabu Maori Trust Board 1 INTRODuCTIoN

2 THE TRFATY OF WAITANGI AND TIlE NGAI TAHU CLAIM 2-1 The Treaty of Waitangi 2-1 Introduction 2-1 Treaty Principles 2-2 The &sential Bargain 2-2 Definition of Taonga 2-2 Responsibility to Protect 2-3 The Right to Manage 2-3 Cannot Transfer Responsibilities 2-3 The Obligation of Good Faith 2-3 Te Kereme, The Ngai Tahu Claim 2-4 Conclusion 2-5 Policy

3 THE NGAI TAIIU RElATIONSIIIP wmI TIlE ENVIRONMENT 3-1 Introduction 3-1 I Te Timatatanga, In the Beginning 3-3 Resource Values 3-3 Whakapapa, Genealogical Relationship 3-6 The Ngai Tahu Migration Southwards 3-9 Rights to Resources 3-9 Manawhenua 3-10 Rangatiratanga

Table of Contents b x

3-11 AhiKaa 3-12 Resource Allocation 3-13 FIShing Rights 3-14 Cultural Values 3-14 Traditional Resource Management Controls 3-15 Summary

4 NGAI TAHU OBJECllVFS AND POUCY STATEMENTS 4-1 Methodology 4-1 The Treaty of Waitangi 4-2 Maori Land 4-2 Introduction 4-2 Ngai Tabu Relationship with the Land 4-3 Mining 4-4 Marae 4-6 Land Use Changes 4-6 Rural Land Use 4-8 Forests 4-10 Ngai Tahu Fishing Easements 4-10 Introduction 4-12 Water Values 4-12 Introduction 4-14 Spiritual Values 4-15 Wai-whakaheke-tupapaku (water burials) 4-16 Wai-tohi 4-16 Wai-mataitai 4-16 Wai-ora 4-16 Waterways: Rivers, Tributaries, Lagoons & Lakes 4-17 Inland Waters 4-18 ShellfISh Seeding 4-19 General Water Policy 4-21 Mahinga Kai 4-25 Wahi Tapu 4-25 Urupa 4-29 Nga Wahi Taonga, Tribally Treasured Areas 4-30 Archaeological and Rock Art Sites 4-30 Introduction 4-30 Archaeological Sites

Ngai Tahu Resource Management Strategy for the Canterbury Region xi

4-32 Rock Art Sites 4-33 Mountains and Mountain Ranges

4-33 CASE STUDY: AORAKI 4-37 Tauranga Waka 4-37 Buried Whakairo 4-37 Ngai Tabu History, Culture and Whakapapa

5 SCHEDULE OF MAORI REsERVE l..ANn, WIDI CASE STUDIES 5-1 Methodology 5-2 Introduction

5-2 5-2 Reserves

5-2 CASE STUDY: KAIAPoI MAORI RESERVE 873 5-6 - Pakiaka 5-6 - Piki Tu Roa 5-6 - Waituere 5-6 - Maori Reserve, Sections 34-35 5-7 - Te Tuahiwi Marae 5-7 - Tuahiwi School 5-8 - Orohaki 5-8 - Oxford 5-9 - Tawera 5-9 - Kaikanui 5-9 - Puharakekenui 5-10 FIShing Easements 5-10 - Waimaiaia 5-10 - Torotoroa 5-11 - Te Akaaka 5-12 - Taerutu 5-12 Mahinga Kai 5-12 - Waipara and Kowai Rivers 5-13 - Rakahuri, Ashley River 5-14 - Tutaepatu 5-15 - Taerutu 5-16 - Ruataniwha, Cam River 5-17 - Rakiwhakaputa

Table of Contents b xii

5-17 - Waimakariri

5-19 Urupa 5-19 - Otukaikino 5-19 - Te Uri Ti 5-19 - Pekapeka 5-19 - Massacre Hill

5-20 OrAurAHI, CHRIsraruRCH 5-20 Introduction 5-21 FIShing Easements 5-21 Te Thutai 5-22 Mahinga Kai 5-22 Opawa (Heathcote) 5-22 Otakaroro (A von River) 5-23 Te Oranga (Horseshoe Lake) 5-23 Otautahi 5-23 Puari 5-23 Oruapaeroa 5-24 Te Kai a Te Karoro 5-24 Putaringamotu 5-24 Waitakari 5-24 Ohikaparuparu

5-25 TE PATAKA ATE RAKAIIIAunJ (BANKS PENINSUlA)

5-25 Nga Maunga 0 Horomaka: The Peninsula Hills 5-26 Important Places 5-26 Te Iringa 0 Kahukura 5-26 Urupa 5-27 RAPAKI 5-27 Reserves (MR 875) 5-29 CASE STUDY: RAPAKI RESERVE 5-30 - Mulitple ownership 5-30 - Turangawaewae 5-31 - Conflict with Planning Ordinances 5-32 - Sections of importance

Ngai Tahu Resource Management Strategy for the Canterbury Region xiii

5-32 - Te Wheke Hall 5-33 - Rapaki School 5-33 CASE Snmy: PuBuc BEACH ACCESS 5-35 Urupa 5-35 - Taukahara 5-35 - Rapaki 5-36 Koukourarata 5-36 - Koukourarata (MR 874) 5-36 Important sections 5-36 Section 6 5-36 Urupa 5-36 - Section 5 5-37 - Sections 11-12 5-37 Tutehuarewa 5-37 - Section 7D 5-37 Urupa 5-37 Horomaka 5-37 Reserve (MR 2840) 5-38 Onuku (MR 886) 5-38 Opukutahi, 5-38 Reserve (MR 885) 5-38 Urupa (ss. 7-8) 5-38 Wairewa 5-38 - Wairewa Reserve (MR 887) 5-39 - Otawiri (MR 887) 5-39 - Takiritawai (MR 835) 5-39 - Te Pourua (MR 2574 & 2533) 5-40 Mahinga Kai 5-40 - Ohiriri

5-40 CASE Snmy: W AIREWA, I..A.KE FORSYTII 5-43 Urupa (s. 7)

5-44 TE TAUMUI1J 5-44 Reserves 5-44 - 1848 Reserves (MR 878,879) 5-44 - 1868 Reserves (MR 889, 901) . 5-44 - 1883 Reserves (MR 806, 3667)

Table of Contents L xiv

5-45 - Ngati Moki Marae (s. 16, 11 & 14b) 5-46 - Te Koroha, Ellesmere Reserve 5-47 Mahinga Kai 5-47 CASE STUDY: KArroREI'B Sprr 5-49 CASE STUDY: TH W AlHORA, LAm EU.BSMERE 5-49 Traditional Management S-50 Drainage and Reclamation Legislation S-51 Drainage Effects S-52 Water Quality S-52 Reserve Legislation S-53 Commercialisation S-56 Urupa S-56 - Orariki S-56 Taumutu MR 878 (ss. 15, 22) S-56 S-56 Rakaia (MR 2058) S-57 Ashburton S-57 Ashburton MR (2060)

5-57 AROWHBNUA S-57 Reserves S-57 - Kapunatiki (MR 90S) S-58 - Raukapuka (MR 913) 5-58 - Waipopo 2 (MR 14168) S-58 - Arowhenua (MR 881) 5-58 - Whareraki (ss. la, Ib, 3b, 18b) S-59 - Temuka School (ss. 11, 6, 10)

S-59 - Te Hapa 0 Niu Tireni (ss. 12a, 12b) 5-60 - Waipopo (MR 882)

S-60 - Te Upoko 0 Rakaitauheke (MR 884) S-60 Fishing Easements 5-60 - Turumanu (MR 910) 5-60 - Ohapi (MR 909) 5-61 - Kaikataha (MR 908) 5-61 - Harakeketautoro (MR 914) 5-62 - Waitarakao (MR 911) 5-62 CASH SruDY: TilE OPIIII RIVBR & CATCHMENT 5-62 Abstraction

Ngai Tahu Resource Management Strategy for the Canterbury Region xv

5-63 Pollution 5-64 Results of Mis-management 5-64 The future

5-66 CASE Sruny: ROCK ART, WAITAKI VAllEY 5-66 Rock Art Sites ·5-66 South Islands Rock Art Project. 5-67 Preservation 5-67 Rock Art Deterioration 5-68 Site Surveys 5-69 Urupa (MR 881) 5-69 - Awarua (ss. 62, 5) 5-70 - Tuhawaiki Point

5-70 Waihao 5-70 - Waika wa (MR 891) 5-70 - Waihao (MR 903) 5-70 - Waitaki (MR 12373) 5-71 - Waimate (MR 888, 904) 5-71 - Tauhinu (MR 880) 5-71 - Puna-o-Maru 5-72 - Glenavy (ss. 103, 108, Ill, 114) 5-72 Fishing Easements 5-72 - Pukakati (MR 907) 5-73 - Te Houiri (MR 906) 5-73 - Te Awakokomuka (MR 912) 5-73 Mahinga Kai 5-73 - Wainono 5-74 - Waihao 5-75 - Omarama 5-75 - Punatarakaoa

5 - 78 (A - K) Appendix A, Silent File Maps 5 - 79(A - K) AppendixB, Maps of Historic Places Trust Registered Sites 5 - 8l(A - X) Appendix C, Schedule for Maps 5 -79 (A-K), site-specific data 6 ACKNOWLEDGMENfS

7 GLOSSARY

8 BIBLIOGRAPHY 9 INDEX

Table of Contents D xvi

LIST OF FIGURES AND MAPS

Ap,pendixA Silent File Maps based on the Historic Places Trust Inventory Series 5.78 A Historic Places Inventory series, M 35 C 5.78 B Historic Places Inventory series, M 35 F 5.78 C Historic Places Inventory series, N 36 D 5.78D Historic Places Inventory series, M 36 1 5.78 E Historic Places Inventory series, N 37 B 5.78F Historic Places Inventory series, N 36 H 5.78G Historic Places Inventory series, M 37 C 5.78H Historic Places Inventory series, M 36 C 5.781 Historic Places Inventory series, N 36 A 5.78J Historic Places Inventory series, J 41 C 5.78K Historic Places Inventory series, J 40 F

AppendixB Historic Places Trust registered sites in the Canterbury region (aggregated onto topographic maps by region) 5.79 A Key to Map Location, Historic Places Trust Registered Sites 5.79 B Inland North Canterbury 5.79C North Canterbury 5.79D Inland Mid Canterbury 5.79E Kaiapoi 5.79F Inland South Canterbury 5.79G TeTaumutu 5.79H Banks Peninsula and Otautahi 5.791 Upper Waitaki 5.79J Arowhenua 5.79K Waihao

Appendix C 5.81 A - XSchedules showing site-specific data, maps 5.79 A-K.

Ngai Tahu Resource Management Strategy for the Canterbury Region xvii

ILLUSTRATIONS ~e acknowledge members of Ngai Tahu past and present in providing photographs and drawings and thank them for the loan of family pictures, only some of which could be in­ cluded. We especially thank Trevor Howse and David Palmer for their contributions.)

1.1 Earth mapped in projection with New Zealand centered. hemisphere marked by dark circle 2.7 Cliff Whiting's design evoking the Treaty signing. and evolving Maori-Pakeha relationships (throughout this marks references to the Waitangi Tribunal) 3.1 Star pathways in the Southern sky 3.3 Whirpool Galaxy M51 (NGC5194). a type Sb spiral galaxy. with companion Galaxy (NGC5195) at the end of one arm (Kitt Peak National Observatory) 3.4 Milky Way (negative image) 3.5 Solar eclipse 1983 3.5 Milky Way and celestial sphere. picture as if seen from distant space (Lund Observatory) 3.9 Cadastral map (part) area of Kaiapoi Pa 3.9 Aoraki and Southern Alps 3.10 Aoraki 3.11 Te Puna-o-Maru. 1848. sketched by WBD Mantell (Alexander Turnbull Library) 3.12 Arowhenua Marae 3.13 Man casting a drop fishing net 3.13 Iron Maori fishing hooks (one foot rule included) (Okain's Bay Museum) 3.14 Women in traditional costume preparing to welcome important visitors on Tuahiwi Marae 3.17 Kaiapoi Pa Site built up in the image of a whale by Turakautahi. second son of Tuahuriri Sites marked include: 1-Monument (see photo 5.3). 2-Kaitangata gate (for visitors). 3-Hui rapa gate (for ariki and chiefs). 4-Te Whetu Poroa gate (for tohunga). 5-Tuahu. 6-Te Maara Tuhoro Kaka (experimental horticulture gardens). 7-Marae atea. 8-Pukukura (central meeting house. the parliament of the iwi). 9-Manukau (landing for food bearing canoes). 11.12.13- Kauae. Mako and Wheke (food storehouses). The Tuna (eel) and bird Kahu (hawk) represent Kaitiaki (guardians) for the waterways and forests of the Pa. 3.18 Sketch Map and Index of Canterbury Native Reserves. 1870 4.2 Mount Sefton and The Footstool 4.5 Tuahiwi Marae 4.8 Trees 4.10 Fish designs for Te Taumutu Marae by Cath Brown 4.11 Lake Whakatipua 4.13 Kaiapoi. mahinga kai swamps and river 4.14 Rapaki church 4.16 Wairewa 4.21 Whata (food storage platform) at Waiateruaiti. sketched by Mantell 4.28 Ngai Tahu clubs. three taonga in the Canterbury Museum 4.29 Southern Alps 4.30 Rock drawing. bird

Table of Conten [Illustrations contdJ

4.31 Taniwha rock drawings 4.33 Aoraki 4.34 Southern Alps, from Hooker Glacier to Tasman Glacier 4.35 Christchurch City, with sunlit snow covered Alps

5.3 Monument to Ngai Tahu, ~t Kaiapoi Pa site (it is actually inscribed with the wrong name, "Kaiapohia", at the instigation of Canon Stack) 5.5 Tuahuriri, meeting house on Tuahiwi Marae 5.10 St Stephen's church, Tuahiwi 5.13 Ashley River, Kaiapoi 5.15 Cadastral map (part), Woodend and Waikuku Beaches 5.15 Swamps and eel drains near Kaiapoi Pa site 5.16 Waimakariri 5.17 Cadastral map (part) Rangiora district 5.20 Nga Hau E Wha, National Marae, Christchurch 5.21 Te Amorangi, gateway to the National Marae 5.22 Cadastral map (part) Christchurch City central 5.24 Bridge of Remembrance, Christchurch 5.26 Rapaki kaika 5.27 Rapaki church and urupa 5.28 Rapaki church 5.29 Harbour jetty at Rapaki 5.31 Te Wheke meeting house 5.31 Fishing net fragment. sinker attached, a taonga in Caterbury museum 5.33 Rapaki and the harbour 5.350nawe 5.37 Heru (hair dressing comb), in the Canterbury Museum 5.37 Tutehuarewa meeting house. marae 5.39 Wairewa 5.40 Iron fishing hooks (Okains Bay) 5.40 Traditional hei matau and fishing hook (Canterbury Museum) 5.41 Marama (the Moon) 5.43 Matariki, The Pleiades, cluster galaxy M45 of young hot stars 5.43 Sketch Map of Canterbury Maori Reserves, 1870, C. Heaphy 5.44 Te Taumutu church at Orariki, the Pa of Te Ruahikihiki 5.45 Ngati Moki meeting house, Te Taumutu Marae 5.46 Waihora 5.47 Bank's Peninsula sketch map

Its Ngai Tahu Resource Management Strategy for the Canterbury Region xix

[Illustrations contdJ

5.48 Hei matau ornament, Canterbury Museum 5.49 Waihora sketch 5.50 Fish design, drawn by Cath Brown 5.51 Bone fish hook 5.53 Rock drawing 5.54 Rock drawing, human forms 5.55 Church at Orariki 5.57 Rakaia looking east, sketch by WBD Mantell (Alexander Turnbull) 5.59 Te Hapa 0 Niu Tireni meeting house, Arowhenua Marae 5.61 Franz Joseph Glacier, Westland 5.62 Mount Cook (left) and above 5.62 Rock drawing, fish form 5.63 Rock drawing, mokihi (reed canoe) 5.65 Lake Matheson 5.66 Kuri, rock drawing, dog form 5.67 Manu, rock drawings of bird forms 5.68 Rock drawings, birds 5.68 Kuri, a small sculpture, a taonga in Canterbury Museum 5.69 Taniwha figure, rock drawing 5.69 Takiroa, taniwha figure, rock drawing 5.70 Moko of Chief Tuhawaiki (Hocken Library, Dunedin) 5.70 Rock drawing, legendary bird 5.72 Rock drawing, bird figure 5.73 Rock drawing. legendary bird 5.74 Rock drawing. whale or dolphin figure 5.75 Rock drawing. whale or dolphin figure 5.76 Rock drawings of taniwha figures 5.79 Lake Wanaka 5.81 Traditional mahinga kai areas. now covered by Christchurch City. sketch map (C Heaphy 1870) 5.81 Traditional and uniquely Ngai Tahu design for the embryonic kiwi. used as a rafter pattern in Te Whatumanawa 0 Te Maoritanga meeting house on Rehua Marae. in Christchurch City 6.2 Rock drawings. waka forms 7.14 Embryonic kiwi in the shell 8.3 Tiwakawaka (fantail) by Riki Ellison and Cath Brown. Te Taumutu 9.14 Aoraki overlooking Bank's Peninsula and Christchurch region Cover Aoraki and the Southern Alps xx ( Preface J

Everyone involved in management of natural resources in these islands in the 1990s has to take into account the views and values of the tangata whenua. That is necessary for several reasons. It is required by the law, responding to the Crown's obligation under the Treaty of Waitangi and to the needs of the nation. It is required by respect for the tangata whenua as inhabitants of long-standing. It is required, too, by appreciation of the value of their experience in observing our natural features and using them with re­ spect over scores of generations.

The duty of resource managers to take into account the needs of the Maori people has not been fully performed in the past. In part that has been because many planning and resource management authorities have not obtained ready and reliable sources of information about the attitudes and interests of the tangata whenua. Planning decisions have been the poorer for that.

The present document, although it.is modestly described as an interim contribution, provides a substantial source of understanding for those en­ gaged in planning and resource management in the region where Ngai Tabu are tangata whenua. It contains a treasury of information about specific tribal interests in that rohe. In that respect it provides an example which might with profit be followed in other regions. The work also sets out Ngai Tabu beliefs and values relevant to natural resources, and their policies for their future management. Although each tribal group has its own beliefs and values, that chapter will have general interest and value throughout the country.

The authors and publisher are to be commended for their initiative and enterprise in producing this valuable work, for its attractive design and for its timely publication. Planning authorities in the Canterbury region are for­ tunate indeed to have such a source available to them and to their advisers. It is to be hoped that other tribal groups will be encouraged to produce similar collections.

David FG Sheppard Principal Planning Judge

Preface h xxi ( Foreword J

NGAITAHU MAORI TRUST BOARD

4th FLOOR, TE WAIPOUNAMU HOUSE, 127 ARMAGH STREET, TELEPHONE 667-154. P.O. BOX 13042, CHRISTCHURCH 1. FAX No. (03)654098.

4 December 1990

Tena koutou

Te Whakatau Kaup~p~ has been a major project deriving from the Ngai Tahu need to clarify and define a Resource Management Strategy. This need has been brought firmly to our peoples' attention by the long drawn hearings before the Waitangi Tribunal on the Ngai Tahu Claim. Those hearings dwelt long on the issues of our traditional mahika kai and the values inherent in them. Underlying those mahika kai, the more basic resources of water, land and habitat. We can only manage our Treaty responsibilities in terms of these important natural values in co-operation with and collaboration with our Treaty partners. The authors of this study have brought together a strategy for the Canterbury region which could well serve as a model for the other regions within our vast rohe of Ngai Tahu. The Ngai Tahu Maori Trust Board is proud that we have accumulated such competence amongst us and congratulates the authors on the quality, depth and honesty of the Strategy Document.

Heoi ano

Tipene O'Regan CHAIRMAN NGAI TAHU MAORI TRUST BOARD

Foreword page 1-1

~1] INTRODUCTION ]

prepared for the region. It was proposed that such a Strategy should reflect Ngai Tahu's beliefs and values in regard to F or the last three years Govern­ natural resources. ment has been preparing a new Resource Management Law Reform Bill, which is currently before the It is hoped that this book will House, having been carried over also be of assistance to those into the new 1990-1993 Parliament. who are researching and prepar­ The Bill brings together a large ing new resource management number of Acts of Parliament each plans for the other Regional of which deals with isolated aspects Councils that span the Ngai of resources and planning law. T ahu boundaries in Otago, While it is not yet known what Southland, Westland and the changes of detail the new Govern­ Nelson-Marlborough areas. ment will propose, the legislative Policy which underlies the whole of the Bill is the creation of a system In the past, Maori have been which will provide for the largely overlooked when man­ sustainable use of the country's agement plans have been pre­ resources, and reach a better balance pared, perhaps because those between development and conserva­ preparing the plans have not tion. Ngai Tahu subscribe to the known who in the Maon world belief that "We did not inherit the they should approach to obtain The Hemishere earth, rather we have borrowed it the Maori view. As a conse- (heavy line) celllered from our grandchildren". quence, Maori have had little on New Zealand

Ngai Tahu, the tangata whenua (people of the land) of the Canter­ bury region, support this new ap­ proach to planning. They wish to be part of the process and believe that they have much to contribute to it. With that and the proposed Local Government No 8 Amend­ ment Bill establishing Maori Advi­ sory Committees in mind, the Ngai T ahu appointee to the former Canterbury United Council, Mr Rakiihia Tau, proposed to the staff of the newly established Canter­ bury Regional Council that a Re­ SOurce Management Strategy be

Introduction page 1-2

input into planning. Their par­ understanding of the legal relation­ ticipation has usually been .ships and mutual obligations which limited to reacting when the flow from T e Tiriti 0 Waitangi results of the planning process (The Treaty ofWaitangi). This is have been contrary to Maori followed by a short description of beliefs and wishes. T e Kereme (The Claim) currently Perhaps the new legislation before the Waitangi Tribunal. Despite a growing awareness recently enacted in the Runanga of these matters, the majority of New Iwi Act 1990 will help ensure Zealanders still have little under­ that in future the proper place of the T angata Whenua will be standing of what Maori, and in this case Ngai Tahu, are "on about". In better recognised by both cen­ tral and local Governmental the past Maori attitudes to the Treaty have been largely ignored. authorities. Decision of the This is no longer possible since the Court of Appeal decision of the Court of Appeal in in the case of This document attempts to be the case of New Zealand Maori Council v Attomtqr General 1987. New Zealand pro-active and to assist the plan­ Maori Council v ning authorities by spelling out Attorney both general and particular atti­ tudes, beliefs and policies which In that case all five Judges of the General 1987 Maori have in regard to natural Court ruled that the Treaty is not a requires resources. It is not suggested nullity, and that it creates obliga­ recognition of that this is the final word from tions on both partners. The Presi­ Treaty rights Ngai T ahu, rather it can be seen dent of the Court of Appeal, Sir and obligations as an interim contribution Robin Cooke, began his decision by both towards a Ngai T ahu Resource with the words: partners. Regional Strategy; a more defini­ tive document will have to be "This case is perhaps as prepared when more time and important for die future of human resources are available. our country as any that has come before a New Zea­ land Court". The general form of this document is different from plans which in the past have been His Honour concluded his judge prepared under the provisions of ment by saying: the Town and Country Plan­ ning Act. This is deliberate because Ngai Tahu believe that "In short the present deci­ part of the process of being sion together with the two involved in planning, involves Acts l The Treaty of W aitan~ Act and the State assisting the other Treaty Part­ Owned- Enterprises Act] ner to understand Maori ap­ means that there will now proaches to resource and plan­ be an effective legal remedy by' which grievous wrongs rung. sUffered by one of the Tr~ty partners in breach of the pI"inciples of the TreatY. of The first part of the docu­ Waitangi can be rightcil. I have called this a success for ment sets out the Ngai Tahu the Maori, but let what

Ngai Tahu Resource Management Strategy for the Canterbury Region page 1-3

opened the way enabling tlie Court to reach the dea­ sion not be overlooked. The Reserves were created by Two crucial st~ were taken the Maori Land Court and by Parliament in enacting reflect the Court's judgement as the Tr~tY. of W aitangi ~ct and on ~ on th~ pnn­ to the use of each reserve by ciples of the Treaty m ~he local Maori. However, they did State Owned Enterpnses Act. H the judiciary has not reflect Ngai Tahu wishes. been able to play' a role tp Where a number of Ngai Tahu some extent creatIve, that 15 lived there would be an "occu­ because the legisla~e ,!tas "There is no given the opportumty. pation reserve" and where they claim against traditionally gained access to fishing waters in rivers, lakes or any privately The Ngai Tahu claim before the the sea there would be "fishing owned property Waitangi Tribunal has been heard easements" allowing them access " and a decision is awaited. When a to the water ruling is given the result may be a bodies and the re­ readjustment of both land holdings sources they and rights to manage resources as contained. between the Crown and Ngai T ahu. For present purposes it is sufficient to re-state Ngai Tahu's stance that The number the dispute is solely between the and size of the Crown and the Tribe, and that any reserves that were acceptable settlement will involve a created were transfer of some Crown resources totally inadequate to Ngai Tahu. There is no claim and the Waitangi against any privately owned prop­ Tribunal has erty because Ngai T ahu maintain already made a that it is wrong to remedy one finding to that injustice by perpetrating another. effect. As time has gone by the pressure on these small reserves has become greater. Also with At this point it is appropriate to the passage of time, land drain­ briefly discuss Maori Reserves and age, catchment correction and Fishing Easements as they figure river control have rendered largely in all site specific parts of the nearly all the fishing easements document. The emphasis on these useless for that purpose. Fur­ relatively small parcels of land arises ther, imposed restrictions denied from the mechanisms of the Ngai the owners the opportunity to T ahu land sales to the Crown. In utilise the reserves for either oc­ the case of all the lands in the Can­ cupational or mahinga kai terbury region which Ngai T ahu purposes. sold, they stipulated that in respect of each block certain specified areas should be excluded from the sales. Inadequate as they may be, The Crown refused those requests and often no longer usable for Turangawaewae but promised that once the sales their original purposes, these and legal zoning were completed "adequate" reserves reserves have remained the only boundary would be set aside for the Maori land where Ngai Tahu scattered vendors. conflicts. I throughout the country can ~ Introduction page 1-4

exercise their turangawaewae, found with the present processes. that is, their right to stand on a Each case study is site specific but it particular piece of land and to should not be thought that the speak and to be heard on mat­ difficulties shown by that study are ters affecting them and their limited to that site alone. Each site relationships to that land and its has been chosen as one example of a resources. more general problem and the lessons learned from each case are applicable to other sites with similar This point is stressed because problems. The studies are designed the exercise of turangawaewae in to illustrate problems and, where respect of some pieces of land possible, we suggest solutions to will often not fit into a pattern them. They are not cries of recrimi­ of planned land use zoning or nation but are expositions of prob­ resource management. In the lems which will have to be ad­ future there will need to be dressed in any thorough resource some sensitive approach to this management plan. problem, and a recognition that simply because Maori use of their reserves for their own In its fine detail, this document purposes does not slot neatly identifies those areas and sites into regional or district plans is which are of historical and cultural not a prima facie reason for importance. It is not suggested that ignoring them. this list exhausts those within the region. In the time available to research and compile this docu­ Next the document deals with ment, it was not possible to locate traditional Ngai T ahu ap­ all the sites which have accumulated proaches to resource use. The over the last 1,200 years. Having text has been kept as short as said that, the sites which are listed possible, consistent with clear are important to Ngai T ahu, and exposition of these matters. To that importance should be recog­ some extent it mirrors what nised in any regional or district some Ngai Tahu believe is not plans. understood about them and their culture and traditions. If it transpires that their view is too The other departure from normal pessimistic then that will be a plans is the use of the "silent file". cause for rejoicing. It is not This is an attempt to identify the meant to be patronising and it is general location of wahi tapu hoped that it will not be seen as (sacred places) or other special sites, such. without disclosing their precise location. This is a recognition of Case Study the fact that these sites have differ­ Probably the most novel examples ent scales of value. There are sites feature of the document, in a known to most Ngai T ahu and planning sense, is the use of these are described with particular­ "case studies" showing by actual ity. Other sites may be the wahi example some of the various tapu of small groups - sometimes as difficulties which Maori have small as an extended family. In

Ngai Tahu Resource Management Strategy for the Canterbury Region J page 1-5 these cases, the groups or families alongside in brackets. At the will make their own decisions as to end of the document is a glos­ what, if anything, should be re­ sary listing the Maori terms used vealed at the time when any devel­ in the text. A note is given on opment affecting that site is pro­ spelling, because our usage in posed. In an attempt to assist in the this report varies, which in turn resolution of problems at this level, is due to the unfortunately the Ngai Tahu Maori Trust Board inconsistent spellings of com­ has offered its services as an inter­ mon usage at present; it is too mediary between the planners, the large a task to try to correct and developers and those to whom the unify placenames in this con­ sites are sacred. text. There are some tribal dif­ ferences in the Maori language, This document both in pronunciation (affecting and the tribal spelling) and in vocabulary, policies con­ some words being unique to the tained in it were South, and others having mean­ discussed by No introduction to this docu­ ings different from dictionary Ngai Tahu Run­ ment would be complete unless it entries which are usually derived anga within the mentioned the very real support from Northern tribes. For this Canterbury which has been given to the re­ reason it is suggested that our Region and searchers and those assisting them. glossary is a better guide to the drafts were At the end of this document is a list meaning of the language used in' . approved by of organizations and individuals this document than standard them at marae who have contributed their time Maori dictionaries. meetings. and expertise. That so many have The issues are been prepared to give time, when in complex and most cases that is their most valu­ tribal discus­ able and scarcest commodity, is an sions continue; Note. indication of the current level of meanwhile the meaningful communication be­ 1. 1987 (1) NZlR: 651. Authors take re­ tween the Treaty partners. The sponsibility for financial contributions of the Can­ this interim terbury Regional Council, the Iwi statement. Transition Agency, the Department of Conversation and the Depart­ ment of Internal Affairs have greatly assisted the researching of this document.

A note on the use of the Maori language completes this introduc­ tion. Throughout the document, Maori names for places, flora, fauna and Maori values have been used without apology. To assist non­ Maori readers, on the first occasion that a Maori name or word is used, the English equivalent appears

Introduction page 1-6

Ngai Tahu Resource Management Strategy for the Canterbury Region page 2-1

The TREATV of'" WAITANGI and The Ngai ·Tahu Claim

The Tribe list below those THE TREATY OF WAlTANGI Treaty principles which are most relevant to this study. Ngai Tahu Introduction continue to maintain that all Crown actions must be based on Ngai Tahu rangatira (chiefs) the Treaty of Waitangi, and that signed the Treaty of Waitangi at their performance must be meas­ four different locations in T e ured against it. Waipounamu (the South Island), on behalf of the Iwi (Tribe) as a whole. (1) The Treaty Principles The Rangatira of Ngai T ahu considered that the Treaty bound The Treaty principles are the whole Tribe of Ngai Tahu ir­ being interpreted in their mod­ revocably to an agreement which ern context and Ngai T ahu con­ imposed certain conditions, duties centrate particularly here on the and obligations, on both signato­ significance of Article the Sec­ ries. However, although it was ond: honoured in important respects by the Queen's executive government during the first decade or so of the "Her Majesty the Queen New Zealand Colony, and was at of England confirms and first upheld by the Courts, the guarantees to the Chiefs and Tribes of New Zea­ Treaty was to spend most of its land and to the respec­ first 135 years in obscurity, because tive families and indiVIdu­ a politically influenced Supreme als thereof the full exclu­ sive and undisturbed Court wrongly declared it legally possession rtino rangati­ to be a "simple nullity". ratan~a] of their Lands (2) and EStates Forests F ish­ eries and other prop.er­ ties [taonga katoaJ wIllch they may collectIvely or Since the passing of the Treaty of individually possess so Waitangi Act, 1975, both the lonz as it IS their wish ana desire to retain the Courts and the Waitangi Tribunal same in their possession; have been interpreting the prin­ " (3) ciples of the Treaty and their prac­ tical implications in the modern Context.

The Treaty of Waitangi & the Ngai Tahu Claim page 2-2

The Essential Bargain attitudes to resource use. Taonga embraces the con­ cept of a resource - an an­ thropocentric term which, Ngai Tahu contend that the by definition, contains an Crown's right to govern (ka­ aspect of utility. It ~c~o­ "... the wanatanga), as gifted in Article rates the already f ..ar principles of the notion of the wise use of re­ the First, is totally dependent on soun:es and the maintenance Treaty and their the honouring of Article the of the health of a resource. practical Second. That is, the recognition Sustainability and the need implications in and protection of the Tribe's to preserve 9PtiC?ns for fu­ ture generations 15 also rec­ the modem resource ownership and author­ ognised in the term. T aonga demands a respect for die context ... If ity rights (tino rangatiratanga), including the rights to use and past - aspects of the envi­ ronment which merit pres­ have access to those resources. ervation for their historical This principle is aptly described value". (5) by the Commissioner for the Environment as "The Essential Bargain". The Crown's Responsibility (4) to Actively Protect

Ngai Tabu maintain that they The Waitangi Tribunal have did not alienate their resources stated that the guarantees of the or taonga (treasured possessions) second article must be read in the by signing the Treaty of context of the Treaty preamble Waitangi. As the Crown has not which states that the Crown is formally acquired the ownership "anxious to protect" the "natives" "Taonga of the Tribe's water, fishery, and from the consequences of immigra­ embraces the mahinga kai (food and other tion. concept ofa resources), Ngai Tabu maintain (6) resource ... the that these taonga still belong to them. As the Tribunal stated in the wise use of Manukau Report: resources and "The Treaty of Waitangi the maintenance Taonga are both Tangible obliges the Crown not only of the health of and Intangible to recognise the Maori in­ a resource. " terests ~ed in the Treaty but actively to protect them .... It follows that the omis­ Ngai Tabu claim that all natu­ sion to provide protection ral resources are taonga to them, is as much a breach of the and quote from "The Treaty of Treaty as a positive act that removes those rights". Waitangi and its Significance to (7) the Reform of Resource Manage­ This includes values attached to ment Laws": ancestral lands, as defined by the "The term taonga in­ High Court ruling in cludes values that are peculiar to Maori belief Royal Forest & Bird Protection and outside a Western Society Inc v W.A.Habgood Ltd: perception. This does not mean, however, that taonga has no relevance to Western thoughts and "It is now clear that it is the relationship that Maori

Ngai Tahu Resource Management Strategy for the Canterbury Region page 2-3

have with any particular land, and the manner in whiCh any development may affect it, that is impor­ H ... tino tant, not the historical acci­ The Obligation of Mutual dents that have given rise to rangatiratanga, the current legal tenure". Good Faith (8) as guaranteed in Article the Finally, Ngai Tahu accept and Second, The Right to Manage support the statement of Sir includes the Robin Cooke, President of the right to Court of Appeal, in Ngai Tahu claim that tino ran- _. contribute to gatiratanga, as guaranteed in Article New Zealand Maori Council resource the Second, includes the right to v Attorney-General. 1987 allocation and contribute to resource allocation that the principles of management and management decisions where the Treaty of Waitangi require decisions these impact on Tribal resources. the Pakeha (Crown, govern­ where these This view is supported by Helen ment) and Maori Treaty part­ impact on Hughes, the Parliamentary Com­ ners to act towards each other Tribal missioner for the Environment, "reasonably and in the resources. " who states in her 1988 report: utmost good faith". (11)

"Tino rangatiratanga in­ cludes management of re­ sources and other taonga according to Maori cultural TE KEREME (THE NGAJ preferences" . (9) TAHUCLAlM)

The Crown Cannot Transfer its Treaty Obligations Ngai T ahu consider that it is important to make some general statements at the outset about This principle, also stated by "Te Kereme", or "The Claim", Helen Hughes, is important in the which has been part of their context of this report. She states: Tribal tradition for over 140 "The Crown cannot evade years. As such, it is the longest its Tre?-ty obligati~:>ns by running claim of its type in the confernng autnonty on world: it has been the continual some other body". (10) focus of attention for genera­ tions of Ngai Tabu and remains so for Tribal members today. Ngai Tahu maintain that the Every Ngai Tahu shares this Canterbury Regional Council, as an responsibility. agent of the Crown, is responsible for the application of the Treaty principles and guarantees within its The first "formal" protest region, when exercising any of the was made by the famous elder the delegated powers given to them Matiaha Tiramorehu, of by statute. Moeraki, in 1849. Ngai Tabu

The Treaty of Waitangi & the Ngai Tahu Claim page 2-4

have continued to state their mabjoga kai and effective partner­ . position over the intervening ship with the Crown in the manage­ 142 years and have only recently ment of those few that remain - completed the presentation of including the fisheries. They claim their evidence on the land claims that the Crown is obliged under the to the Waitangi T ribunal.At the Treaty to protect their rights in time of writing, the Tribunal is these resources, to arrest their de­ still receiving evidence on the cline and where possible to bring fishery claims of Ngai T ahu, about their restoration. Tipene which are a major part of their O'Regan states: broader "Mahinga Kai" claim relating to all aspects of their cultural and economic base. "For generations, Ngai T ahu have petitioned Par­ liament over deprivation of their mahizwt kai. The tribe Briefly, Te Kereme is based claims the t:rown guaran­ on the triple failures of the teed our people all our fish­ eries and other natural food Crown to meet its Treaty, its resources under Article 2 of common law, and its contractual the Treaty and, in terms of obligations to Ngai T ahu under the Kemp D~ absolutely." (12) major land purchase agreements made subsequent to the signing of the Treaty of Waitangi, as Ngai T ahu refer here to T e Ker­ well as on breaches of the eme in the interests of keeping their Treaty itself. current position perfectly clear. The Tribe is expecting the Waitangi " ... failures of Tribunal to report its findings on the Crown to The range of issues before the the Ngai Tahu case toward the end meet its Treaty, Waitangi Tribunal is very di­ of 1990. As the Claim includes its common law, verse, including: the unsold elements of both ownership and and its Fiordland National Park; the authority, those findings may alter sale by the Crown of land . contractual the Tribe's present position on which belonged to Ngai Tahu, obligations to resource management. Ngai Tahu despite the fact that the Tribe therefore maintain that no resource­ Ngai Tahu wished to retain that land; the under major management related decisions threat of military force in vari­ should be made which will preju­ land purchase ous land sales; the inequitable dice Treaty-based claims currently agreements effect of certain legislation; the before the Courts or the Waitangi made failure to reserve land for the Tribunal. subsequent to Tribe; and the list goes on. the signing of the Treaty of An important component of Waitangi, as T e Kereme is the loss of access well as on to and damage to the Tribe's SUMMARY breaches of the mahinga kai (food and other Treaty itself. " resources, and the areas that they are sourced from). Ngai Ngai T ahu have consistently T ahu are claiming compensation argued for their Treaty-based rights from the Crown for their lost since the late 1840s. Their Claim

Ngai Tahu Resource Management Strategy for the Canterbury Region page 2-5 has taken many forms over the regardless oC its pres­ ensuing one and a half centuries, ent ownership. Any but the contentions remain the omission to afford such same. protection would con­ stitute a further breach of the Treaty principles. The Tribe has just concluded the presentation of its evidence to the Waitangi Tribunal, and is expecting their findings to be reported to­ wards the end of 1990 or early 1991. 4. That water, rlSh­ As the Claim deals with matters of eries and mahinga kai resources are Ngai both ownership and authority, the Tabu taonga, as are current Tribal position on some as­ their cultural and spiri­ pects of this plan may change. tual values. As these resources have never been alienated by Ngai Policy Tahu, they remain Tribal property.

1. That the Crown's right to govern, given in Article the FIrSt, is depend­ ent on the recognition and protection oC Ngai Tabu s. That Ngai Tahu Treaty rights, as guaran­ retain the right to be teed by Article the Sec­ involved in, and con­ ond. tribute to, resource allocation and manage­ ment decisions which impact on Tribal re­ sources.

2. That it is the Crown's responsibility to recognise and protect the Tribe's ownership and authority rights (tino ran­ 6. That the Crown gatiratanga) over its cannot evade its Treaty taonga, including the rights obligations by conCer­ to use and have access to ring authority on some them. other body. Ngai Tahu thereCore maintain that the Canterbury Re­ gional Council, p0ssess­ ing powers delegated by the Crown, is re­ 3. That it is the sponsible Cor the appli­ Crown's responsibility to cation oC the Treaty actively protect Ngai Tahu principles and guaran­ interests as specified in the tees. The Council's Treaty oC Waitangi. These actions must be consis­ interests include values at­ tent with the principles tached to ancestral land, of the Treaty of

The Treaty of Waitangi & the Ngai Tahu Claim page 2-6

Waitangi and allow for the fact that the impli­ cations of these are still "The Crown being dermed. cannot evade its Treaty obligations by conferring authority on 7. That no re­ source-management some other related decisiom should body. " be made which will prejudice Treaty-based claims currently before the Courts or the Waitangi Tribunal.

Notes

8. That the prin­ ciples of the Treaty 1. The Treaty was signed by Ngai require both parties to Tahu at Cloudy Bay, Akaroa, Otakou act towards each other and Ruapuke Island. "reasonably and in the utmost good faith". 2. Wi Parata v Bishop of Welling- ton, 1877, Judge Prendergast, Octo­ ber 15 1877, (1877) 3 NZLR 72.

Ngai Tabu have listed 3. Translation printed in 1869 by these Treaty principles order of the Legislative Council, from with the aim of clarify­ AJLC, 1869, pp.69-71. ing their position on resource-related mat­ 4. Parliamentary Commissioner for ters such as those con­ the Environment, Environmental Man­ tained in this strategy agement and the Principles of the document. The Tribe Treaty of Waitangi, 1988, p.19. contend that the prin­ ciples of the Treaty of Waitangi must be the 5. Ministry for the Environment, rnm guide-lines for any Working PaDer No.8, "The Treaty of future relationship. Waitangi and its Significance to the The exact Corm that re­ Reform of Resource Management lationship may take is Laws", August 1988, p.16. a matter to be agreed between the Treaty 6. Environmental Management, partners. p.107.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 2-7

7. Waitangi Tribunal Reports: Manukau Report p.95, Qrakei Report p.135, Te Reo Report p.27, Muriwhenua Fishing Report p.194.

8. Wellington, M655/86, March 31 1987.

9. Environmental Management, p.110.

10. .ibid, p.1 08.

11 . Decision of the Court of Ap­ peal, p.44.

12. Tipene O'Regan, "The Ngai Tahu Claim" in Hugh Kawharu (ed), Waitangi, Maori and Pakeha Perspec­ tives of the Treaty of Waitangi, Auckland 1989, p.253.

It is strongly recommended that anyone wishing to learn more of Ngai Tahu recent Tribal history read these texts:

- Harry Evison, Ngai Tahu land Rights, 3rd edition, Christchurch 1987;

- Harry Evison (ed), The Treaty of Waitangi and the Ngai Tahu Claim, Christchurch 1988;

- and Tipene O'Regan, "The Ngai Tahu Claim" in Hugh Kawharu (ed), Waitangi. Maori & Pakeha Perspectives of the Treaty of Waitangi, Auckland 1989, pp. 234-262.

The Treaty of Waitangi & the Ngai Tahu Claim page 3-1

[3] NGAITAHU & 11-£ ENVIRONMENT

THE NGAI TAHU RElATIONSHIP WITII THE ENVIRONMENT

Introduction

Ngai Tahu concepts involving land, water and resources are deter­ mined by a very complex system of inter-relationships. While free to utilise the available resources, Ngai T ahu are also restrained by a system of controls. Star pathways in the southern sky The abundance, or lack, of re­ sources directly determines the welfare of every tribal group, and so I Te Timatanga (In The affects their mana (prestige). Tradi­ Beginning) tionally, the acquisition and mainte­ nance of the exclusive right to those resources was central to the core of The first Maori arrived in T e Maori society. Waipounamu {the South Island} approximately 1200 years ago. Their migrations originated in This relationship is further modi­ Eastern Polynesia, coming fied by cultural values, circum­ particularly from the Marquesas stances and unique geographical Islands group. They had left a environments. A combination of tropical climate which had pragmatism and concepts concern­ allowed a large range of horticul­ ing the environment provide the tural products to be grown year­ guide-lines for resource manage­ round, and had highly devel­ ~ent and control, and sustainability oped technologies to enhance 15 the over-riding consideration. horticultural production. The tropical climate supported rapid regeneration, allowing the

Ngai Tahu relationship with the Environment page 3-2

planting/cultivating/harvesting tant as they provided high quality process to be repeated many meat protein, and the fat itself is a times a year. This food base was good energy-producing food and an "A combination supplemented by fish from both important dietary component. Over ofpragmatism coastal areas and the deep sea. time there was a shift towards a and concepts higher level of fishing activity and a concerning the resulting accumulation of knowl­ Initially, Maori tried to con­ edge about those species and their environment tinue practicing those agricul­ population dynamics. provide the tural methods used in Polynesia, guide-lines for but forest regeneration in New resource Zealand was a much slower Complex systems were estab­ management process because of the relatively lished whereby particular resources and control, harsh climate. Also, crops such were harvested at their seasonal and as kumara would only grow as optimum and then attention shifted sustainability is far south as T e T aumutu in {he and focused on the next resource. South Island, and even then However, great care was taken to the over-riding only after the development of ensure that only the young birds consideration. " labour-intensive technologies to and fish were taken, leaving the create suitable micro-climates. breeding stock and thereby sustain­ ing the resource. This system is analogous to "modern" livestock Over the centuries, a different farming systems where the welfare system of resource management of the capital stock is always consid­ suited to New Zealand condi­ ered paramount. tions was developed. Careful observation led to an advanced understanding of the habitats These mahinga kai activities were and breeding cycles of all of the timetabled according to the re­ fish, birds and plants that were sources available in any given area of utilitarian value. These re­ and their seasonally optimal harvest sources were then harvested in times. This complex and sophisti­ the "flush of the season", i.e. cated system entailed travel over when they were prolific and in long distances: ranging from deep­ prime condition. sea fishing expeditions in double­ hulled canoes, to regular journeys across the Southern Alps. These New storage technologies food-gathering expeditions largely were developed to take advan­ determined the social and work tage of this seasonal abundance. activities of the year and tribal life It was discovered that seed was based around them. kumara could be stored in cool, dark shelters over the winter period. Food that had a high fat An extension of these resource content could be stored in poha management activities, developed (kelp containers) and preserved over time, was the active manipula­ in their own fat, for example tion of resources to maximise both hapuku (groper) in certain sea­ quality and quantity. sons and titi (muttonbirds). These foods were doubly impor-

Ngai Tahu Resource Management Strategy for the Canterbury Region page 3-3

Shellfish beds were seeded with responsibilities of people to superior strains taken from other others. "... the areas, and established beds were abundance and both enhanced and depleted by quality biological methods. of the (1) resources Whakapapa and turanga­ available to a Stands of trees such as karaka waewae (traditional land rights) establishes a person's right to tribal group (Corynocarpus laevigatus) and ti­ directly . kouka (Cordyline australis, Cab­ participate in tribal life, and bage Tree) were planted from se­ constitutes a statement of iden­ determined their lected stock and were actively tity, both genealogically and welfare and managed to optimise their produc­ geographically. future. " tion. Examples of these managed plantings can still be seen in the contemporary landscape. As well as reciting their genea­ logical relationship with each other and with other tribal Resource Values groups, Ngai Tahu also recite the whakapapa which links hu­ mankind to the atua (deities) In a fundamental way, the abun­ and to the earth, to the waters, dance and quality of the resources forests, animals and birds. available to a tribal group directly determined their welfare and future. It was a simple reality that those with resources flourished and those without perished, therefore the management and maintenance of resources was the foremost concern. This acknowledged inter-depend­ ence with the environment is cen­ tral to the Maori creation stories, religious belief and resource man­ agement techniques.

Whakapapa (Genealogical Relationship)

Whakapapa is an integral part of Maori society. It is used both extra­ and intra-tribally to establish and maintain relationships between people, their speaking and leader­ ship rights and their environment. Galaxy M51 (NGC5194), These relationships determine with companion galaxy NGC5195 at end olone arm. acc.ess to resources and the philoso­ phies for their use, and also the

Ngai Tahu relationship with the Environment page 3-4

Raki coupled with a number of wives including Papatuanuku, the Earth Mother. From Raki's various unions came vegetation, animals, birds, the mountains and people; and a host of departmental atua. For example, Tane is the atua of the forests and those plants and crea­ tures within them.

He Po! He Po! ... aeons before the stars tookjire Like other Maori Tribes, Ngai T ahu claim the same whakapapa through Rakinui and Papatuanuku A Ngai Tahu rangatira, Matiaha Ti­ and see themselves as connected to ramorehu, cited the following whakapapa the other descendants of Raki and in song form: his wives. Whakapapa then, binds Ngai T ahu to the mountains, for­ T e Po (The Night) ests and waters, and the life sup­ TeAo (The Day) ported by them. In this way, all Te Aomarama (The Bright Day) things are considered to have a mauri (life force) and to be living, Te Aoturoa (The Long-standing Day) and to have a genealogical relation­ Te Koretewhiwhia (The Unattainable ship with each other. People are Void) therefore related to the natural Te Koreterawea (The Intangible Void) world. Te Koretetamaua (The Unstable Void) Te Korematua (The Parentless) This shared whakapapa, uniting Te Maku (The Damp), who coupled all things, reinforces the tribal with Mahoranuiatea, and Raki (The philosophy that all things are from Sky) was born ... the same origin and that the welfare (2) of any part of the environment

Ngai Tahu Resource Management Strategy for the Canterbury Region page 3-5 determines the welfare of people. This is best portrayed by the whakatauki (proverb):

Toi tu te marae 0 T ane

Toi tu te marae 0 T angaroa Toi tu te iwi ...

If the marae of T ane (Deity of the Forest) survives If the marae of Tangaroa (Deity of the Sea) survives The people live on ... (3)

As allliving creatures are born from Papatuanuku (mother earth), and all return to her on their death, Maori consider that they belong to the land and not vice versa.

On the following page we give a very brief history of the Ngai Tabu people and their migration into the South Island, Te Waipounamu.

He Ao! He Ao! ... bursts of energy, and the creation of the world begins

Ngai Tahu relationship with the Environment page 3-6

The Ngai Tahu Migration to the Greenstone Isle

Ko enei tamariki 0 Raki me Papatuanuku ka noho etahi i runga i Te Aomarama. Ko etahi ka heke mai ki raro

ka noho i te taha 0 te tangata. E tuku ana koe You have released I aRaki e tu nei E wha kimi ana koe . The heavens which stand above The four winds which draw Te Uri a Haremaii tua towards you AtiatuKoe And the descendants of Haere Hounuku mai tua KoHouraki Who descended into the earth KoHoutea To our ancestors Hounuku KoHoumia Houraki, Houatea, Houmea Ia Uenuku And Uenuku, who lived in Hawaiki and begat Ai atu ki a Paikea Paikea, who rode the whale To the shores of Aotearoa Nanako And bore Whatiua Te Ramarama Whatiua Te Ramarama Who died at Tokatikitiki Ko Porouraki But who bore Porouraki Of the Ngati Porou Ko Tawhiri ki te Raki Whose son was Tawhiri ki te Ko Raki Papa ki a T ane Raki Who begat RakiPapakia Tane

KoRaki Tane Who begat Rakitane who coupled with The great chieftainess, Hine Ko Hine Matiora Matiora From who comes Hinekaitaki E tu maira The weeping daughter I teRaki From whom comes I to Ariki tapu the supreme head INgai Tabu Of the Ngai Tabu people

Tihei Mauri Ora! Tihei Mauri Ora!

Ngai Tahu Resource Management Strategy for the Canterbury Region page 3-7

have traditions of the Uruao This waiata is known as a waiata canoe and the same ancestors whakapapa, or a song that traces the from whom Waitaha and genealogy of the composer's tribe. Mamoe peoples descend. There "... Ngai Tahu Waiata such as these are taught to is no connection with the much originated in children at a young age so that they more recent Wait aha associated Aotearoa (the are able to recite their genealogies to with T e Arawa canoe peoples, North Island) other Maori whenever the need despite the mistaken statements where their arises. This particular waiata, "E to that effect by Canon Stack ancestor· Paikea Tuku Ana", was composed before and other Pakeha writers. rode a whale ... the turn of the century and has A number of much smaller [they] eventually been retained by successive genera­ early tribal groups are also came to settle tions of the Ngai Tuahuriri people, known in the traditions of and control a well-known hapu (sub-tribe) of Ngati Mamoe - Kati Waitaha, as Ngai Tahu. Te being tangata whenua groups Waipounamu" who preceded them in even more ancient times in T e In this case the waiata traces the Waipounamu. Today Ngai descent of Ngai T ahu from the atua T ahu incorporate all of these (gods) to humankind and eventually ancient groups as well as the to the supreme head of Ngai Tahu. two main preceding tribes Ngati As the song suggests, Ngai T ahu Mamoe - Kati Wait aha, as part originated in Aotearoa (the North of their genealogy, and as em­ Island) where their ancestor Paikea phasised in our tribal identifica­ rode a whale from Hawaiki in the tion as Ngai Tahu Whanui. Pacific Islands to Turanga. After a series of migrations Ngai Tahu eventually came to settle and con­ We return to Ngai Tahu itself trol Te Waipounamu. to briefly sketch the ultimate entry of their chiefly authority into T e Waipounamu, and their Prior to the Ngai Tahu migration incorporation over time of the the two principal tribes in the Ngati Mamoe and earlier Maori South Island were Ngati Mamoe into the wider developing Ngai and Ngati Wait aha. The former T ahu whakapapa. This was a came from the East Coast of the complex process that ultimately North Island and the latter were an absorbed all the earlier Maori older tribe of Maori who came from inhabitants of Te Waipounamu, Hawaiki on the Uruao canoe and and which at the same time are believed by many to have settled transformed the nature of the directly in T e Waipounamu. originating Ngai Tahu sub-tribal However, both of these more groups themselves as our histori­ ancient Tribes, now merged with cal destiny shaped us into the Ngai Tahu, have well recognised ge­ modern tribe now known as nealogical and historical connec­ Ngai Tahu Whanui. tions with the older tribal entities, Some additional material such as Ngati Kuri and Te Aupouri, relating to tribal history will be in the Muriwhenua region of the far found also in the evidence given north of the North island, and before the Waitangi Tribunal SOme other northern tribes also

Ngai T ahu relationship with the Environment page 3-8

for T e Kereme, although it is a had migrated to the South Island. brief and incomplete history as In fact T uhaitara, the ancestor of it includes only material rele­ Ngai Tahu's principal hapu, was vant to the Claim for the most herself half Ngati Mamoe. And the part. husband of Tuhaitara, Marukore, The two Ngai Tahu sub-tribes was a mixture of Ngati Mamoe and which initiated the settlement of other older tribes. the South Island were Ngati Kuri, who established them­ Regarding the purchase of lands, selves in the Kaikoura region, Ngai Tahu traditions recall the land and Ngai Tuhaitara who came was sometimes traded for valuable to settle and control the Canter­ taonga such as mere pounamu and bury area. Major sub-tribal de­ elaborate cloaks. The Rakaia inland scendants of Ngati Kuri and for example was paid for by two Ngai Tuhaitara, such as Ngati greenstone mere and Omihi was Huirapa and Ngai T e purchased from a local chief for a Ruabikibiki, eventually headed canoe. In these purchases bounda­ further southwards and came to ries were established between the control those places as far south buyers and sellers and they were as Rakiura (Stewart's Island) and kept to. If any intrusion was made the smaller offshore islands. onto other lands fighting usually Indeed Ngai Tahu tribal author­ followed. ity extended into the freezing southern oceans, to where the land is always white (with ice The issue of taking land by and snow), as poetically ex­ conquest is usually the most contro­ pressed in traditional evidence versial and needs explaining. Prior "... Ngai Tahu to the Waitangi Tribunal in to the Ngai Tahu migration into the leaders were relation to T e Kereme. South Island, Ngai T ahu were often fighting already connected to Ngati Mamoe their own- through a series of inter-tribal Ngai Tahu established their . " marriages which meant that in COUSinS control of T e Waipounamu in many cases Ngai Tahu leaders were three ways. The first was often fighting their own cousins. through strategic inter-mar­ This is best depicted perhaps in the riages, most of which were stories of Tuahuriri and his sons, initiated by the Ngati Mamoe and Tutekawa. who saw Ngai Tahu as a closely related ally. The second method was purchase where the land T uahuriri, the tipuna of the was paid for or given for various Tuahiwi Ngai Tahu, came into reasons, and the third method conflict with Tutekawa during his was by conquest, where Ngai residence in the southern North Tahu gained the land by war­ Island (near to modem Wellington). fare. Although Tutekawa had gained the upper hand on that occasion, he thought it better to move away Intermarriage between Ngai from the scene of dispute to Wai­ Tahu and Ngati Mamoe oc­ kakahi, between Little River and curred even before both tribes

Ngai Tahu Resource Management Strategy for the Canterbury Region page 3-9

Lake Ellesmere in the South Island.

Later, Turakautahi and Moki, the sons of Tuahuriri, followed Tutekawa into the South Island to take revenge and Tutekawa was eventually killed. Having reached Canterbury, Turakautahi and his brother Moki established the Kaiapoi Pa, north of modern day Kaiapoi, which was to become the power-house of the South Island. (F or an authoratative account of the true name Kaiapoi, as opposed to "Kaiapohia" which is of North Island origin and was wrongly promoted by Canon Stack, see tribes such as Te Rapuwai had Evison footnote #6). From Kaiapoi also been merged with Ngati Ngai Tahu headed their penetration Mamoe - Kati Wait aha. of the southern end of Te Wai­ Today Ngai Tahu Whanui pounamu through both war and thus represents the three princi­ political alliances with Ngati pal historic tribes of T e Mamoe. As a consequence, Ngati Waipounamu, Kati Wait aha, Mamoe were driven further south Ngati Mamoe and Ngai Tahu. into Murihiku. Peace was arrived at when a Ngati Mamoe chief, Te Raki Ihia, went to Kaiapoi to determine an armistice between the two par­ Rights to Resources ties. This was reached and was secured with an arranged marriage between the senior chiefly family Manawhenua lines of the two tribes. Although the peace was not Traditional Maori rights to immediate, it initiated the political resources were founded on the union between the two tribes, manawhenua of a particular confirmed by frequent inter-mar­ Tribe which was based on the riages, until by the turn of this lands, waterways and all re­ century it had become impossible to sources controlled by the Tribe. distinguish between Ngati Mamoe and Ngai T ahu. Prior to this, Kati Waitaha had become similarly closely absorbed into Ngati Mamoe so that no separation was any longer possible by that more an­ cient group, and as sketched earlier the other very old but rather small

Ngai Tahu relationship with the Environment page 3-10

Manawhenua is described as As such, these references are a the political and occupational strong statement of tribal, and authority over a particular area, therefore personal, identity. usually defined by natural boundaries. The verbal expres­ sion of a Tribe's manawhenua typically refers to dominant Rangatiratanga physical features such as moun­ tains, rivers and lakes. Rangatiratanga -was traditionally embodied in the Such assertions of traditional concepts of turan­ boundaries are commonly gawaewae and included in whaikorero (formal manawhenua speeches) on the marae, serving which centred on to reinforce the relationship the status, role between the tribal group and its and authority of territories. For example: the rangatira (chief) of the group. He or she Ko Aoraki te Maunga was the embodi­ Ko Waitaki te Awa ment of the Tribe Ko Ngai Tahu te lwi and carried the practical, moral and spiritual force of the community. Aoraki is my Mountain Waitaki is my River The rangatira obtained their tapu Ngai T ahu is my Tribe (spiritual protection) and mana (authority, influence) from a combi­ nation of their whakapapa, person­ ality and abilities. However, their authority was not always abso­ lute, and was usually moderated by the rights of the individual, and always had to respond to what the community required. While the rangatira exercised their mana on behalf of the tribal group, that mana was dependent on the continued recognition and support of the tribal members both as individuals and as a group.

In this way land areas were, in practice, controlled by local hapu (sub-tribe) for their own benefit Aoraki and the benefit of those other tribal

Ngai Tahu Resource Management Strategy for the Canterbury Region I .1,1 page 3-11 members who had usage rights there. This also reinforced the philosophy that the welfare of the group as a whole was paramount to the welfare of any sub-group or single individual within that group.

AhiKaa

While the dominion over land and resources was vested in the Tribe and its chiefly leadership, occupation of the land and access to Individuals within the Tribe the resources contained within an Te Puna-o-Maru, 1848 traditionally occupied land, or area were held,bY,individuals and (sUtch by WBD had access to resources as a Ma1Jlell, Alexander wh~au (extended family) groups member of a whanau, or ex­ Turnbull Library) by way of whakapapa. Once ac­ tended family, headed by a quired, manawhenua had to b~ kaumatua (elder). This meant secured by continued occupation that as long as the whanau was (ahi kaa) and resource use in order exercising a resource use right to be recognised by other groups. the individual could be said to have been occupying it, and his or her rights were maintained. The principle of ahi kaa. ap~l~ed to both the Tribe and the mdiVldual within the Tribe. In practice it The whanau would often, for meant that the Tribe's "fires" had various reasons, give gifts which to be kept burning on the land. were sourced from that area to a Invasion and conquest by another neighbouring whanau, hapu or Tribe was insufficient to destroy tribal group. This was an overt manawhenua if the original group statement of their right to take remained in occupation, or soon these resources, and if the gift returned to their homes, and the went unchallenged, was consid­ invaders failed to establish their ered to be recognition of these dominion by continuous occupa­ tion. usage rights by the recipients.

The on-going occupation of As a general principle, either the an area by a particular tribal individual or whanau groups had to group led to the naming of the occupy and!or use resources on a prominent natural features by regular basis to maintain their ahi them. These features were often kaa. Traditionally there were differ­ named after important ancestors ences between tribes as to how 1011g and atua, both recent and ar­ OCCUpation ~r use could lapse before chaic and became a reinforce­ rights became maataotao (i.e their ment' of that Tribe's relationship fires Went cold). with that environment.

Ngai Tahu relationship with the Environment page 3-12

from their respective areas and these Continued occupation and would be transported to a central usage over time were thus both storage area. These products were a confirmation and a condition then exchanged or traded with of land and resource rights. groups from other areas who spe­ These in turn gave turanga­ cialised in different products. This was known as kai-hau-kai. waewae to the whanau and hapu and resulted in emergence of an Iwi identity. On a national basis this trade saw South Island pounamu (greenstone), Resource Allocation taramea (the scented resin from the Wild Spaniard) and kotuku feathers (white heron) distributed through­ As resource management tech­ out the North Island, in exchange niques were developed and im­ for canoes, cloaks, cutting stones proved by Maori, and as the and other items. population increased, a struc­ tured social organisation evolved. This hierarchical frame­ Within a hapu's area, each wha­ work defined the control, man­ nau group had the exclusive usage agement and allocation of rights to certain, well-defined areas. resources through specialisation. To Ngai T ahu, these sections were The advent of this complex known as wakawaka. A wakawaka social organisation also saw would be marked by a natural 1\ more emphasis placed on the feature such as a ridge or stream, or intelligence and skills of leaders, by erected markers of rocks or posts as opposed to relying on their and the whanau would have exclu­ whakapapa merits alone. sive rights within those areas.

Each hapu had its own defi­ nite area, carefully determined by natural boundaries such as mountain ranges and rivers. All of these prominent landmarks were named by the tangata­ whenua (local people) and were a statement of their identity. Within these areas, permission to take resources had to come from those rangatira who held the mana for that area.

The whanau, or extended family, was the main economic unit of the Tribe. Whanau groups specialised in the produc­ tion of the products sourced Arowhenua Mara

Ngai Tahu Resource Management Strategy for the Canterbury Region page 3-13

Fishing Rights Ngai T ahu knew the best fishing grounds, Hapu (sub-tribal) and lwi which were found in the waters above the (Tribal) rights to fishing areas were continental shelf. Techniques for locating based on the same criteria as those the fishing grounds were evolved. These to land and its resources. These were quite complex and included the use of rights were not general and open to knowledge of the local sea currents, the all, any more than land was. This stars, and trigonometry, the latter involving right to control water-based, and a technique known to modem "mariners" particularly sea-based resources is as running a fix. Recent trials by Ngai Tabu fishermen compar­ called mana-moana and ing traditional 11 incorporates all of those p;1 , •__ - .. -. .... :' .,.. I,. ;,.-.... ,. .-...rT ~~3J hods ..• .. . . ~ .:r ~ . ~ met with principles included in modem satellite manawhenua. radio navigation, (4) conducted for To Ngai Tabu, fish presentation to were of great cultural, the Waitangi T ri­ social and economic sig­ bunal, revealed nificance. Their collec­ astonishingly tion was a communal small discrepancies task involving coopera­ in accurately tion at a community -- . locating tradi­ level and they were tional fishing traded for the delicacies grounds over of other areas, for twenty miles off example, potted birds shore. from inland groups.

As for land, As well as developing extensive these coastal and deep-sea fisheries were knowledge about each species life­ jealously guarded and vigourously defended. cycle, Ngai Tahu developed the technologies to store excess catches for long periods of time.

However, because these southern fishing areas were so productive, and fish were of such great dietary importance, they would often be .. ~~.~.~ shared immediately between differ­ ent whanau groups. The traditional • '" ;~~ "f :.. ?~.~t I concepts of whakapapa, turanga­ ~aewae and ahi kaa were important m the establishment and mainte­ ~ance of these fishery usufructuary

nghts. .. '

I

L Ngai Tahu relationship with the Environment page 3-14

Traditional Resource Management Controls

Within Maori society there were a number of co~trol mechanisms used to either forbid or limit the access to, and the use of, particular areas and resources. These controls limiting the actions of individuals by use of rahui (restrictions) and tapu were approved and removed by tohunga (experts) working in Cultural Values concert with rangatira, and were re­ inforced by the fear of both spiri­ In an economic sense, the re­ tual and physical retribution. Con­ sources of an area determined trols were important tools in the the welfare of the people, but pro-active management of all re­ the collection of these resources sources. and the resulting community effort also formed a very impor­ tant part of the community A rahui is a form of restriction strength. These seasonal activi­ on the access to, and use of, a cer­ ties were a time of renewing tain area or resource at, or for, a contacts with distant relations; particular time. They also proclaim of reinforcing traditional and that a resource is being actively cultural values; of maintaining managed. Rahui were mainly, but controls; and so they provided a not always, used to control food tangible link with the past. resources and generally took two forms:

Another important example of cultural resource values is The first of these was the rahui that of 'manaakitanga' (hospital­ symbolised in the form of the Pou ity, as towards guests): Tradition Rahui. In this case a post or similar demands that the hosts of a marker was fixed into the ground, given area prepare local foods stre~, lake or coastline. An in­ for their guests. By providing fringement of the rahui resulted in the best food available, the the trespasser becoming subject to tangata whenua are paying tribal discipline. respect to their important visi­ tors, and also enhancing their Another form of rahui was used own mana. This use of resources fqr purposes of conservation. If a is another important statement shellfish bed was being depleted, a of identity, as each area has its pourahui was placed to restrict the own local specialties. use and to ensure sustainability. All economic resources were conserved

Ngai Tahu Resource Management Strategy for the Canterbury Region page 3-15

this way.

A traditional Ngai T ahu example SUMMARY is the wakawaka (boundaries de­ fined between hapu in hunting grounds or fishing grounds) known The Maori system of tradi­ as T e Kohaka a Kaikai Oaro, or tional rights to, and attitudes Pegasus Bay as it is now known. towards land, water and natural This was a triangular shaped fishing resources evolved over time to reserve that Ngai Tahu considered a incorporate a unique blend of fish breeding ground. Because of religious belief, societal struc- this, a rahui was set in this area for ture, the nature of the surround­ part of the year to ensure that the ing environment and people's fishery resource was successfully reliance on that environment. perpetuated. While retaining traditional Sometimes the limits of sustaina­ values, this framework also bility would be signalled by nature absorbed the changes in social itself. At Wairewa, for example, the organisation which emerged presence of pou tuna (guardians) through adaptation to new signal the end of the eeling season. environments and the develop­ ment of a new economy. These changes required the adoption of Another contemporary example new skills, new technologies, is on the Titi (Muttonbird) Islands and new methods of resource which the bird, hakuai, is said to control and labour utilisation. also inhabit. The hakuai is consid­ ered by some as a guardian of the titi and when the people hear the The land, water and resources hakuai call in the night it foretells in a particular area are represen­ the end of the season for taking titi. tative of the people who reside The rahui then remains until the there. They relate to the origin, following year. history and tribal affiliation of that group and are for them a (5) statement of identity. These In a modern context rahui are natural resources also determine used mainly for conservation rea­ the welfare and wealth of the sons, or to protect culturally impor­ tribal group which owns or tant sites. Ngai T ahu still have controls them. rahui existing within the tribal rohe and these places are identified throughout this paper. In principle all individuals were guaranteed resource rights necessary for their survival and well-being, but that ideal was tempered with the practical control mechanisms of manawhenua, turangawaewae, rangatiratanga, whakapapa and

Ngai Tahu relationship with the Environment ------page 3-16

ahi kaa. The further controls of practices which were important to rahui and tapu imposed by society's welfare and identity. In tohunga and rangatira were used this way, the physical environment to protect and manage individ­ and the Ngai Tahu interaction with ual resource areas, and to restrict it was an unbroken combination of the actions of individuals in the the past, the present and the unfold­ higher interests of the wider ing future. tribal group.

These controls regulated the acquisition and maintenance of WKahore te wehenga 0 te aroha, resource rights and preserved ko te hinengaro make those rights for those who tekaiwehiw remained within their kin group. Individual rights were strong,however, and could only be abrogated by a serious breach Love and regard have no place in of the laws of the tribal commu­ decision-making, nity. At all times the behaviour rather, it is skills of individuals, and the controls imposed by tohunga and ran­ first and foremost. gatira, were tempered and mod­ erated by pragmatism, and were directed to the paramount welfare of the larger tribal groupmg.

While some early Pakeha ob­ servers claimed that this was a world ruled by might alone, that is far from true. Indeed, it could be said that the acknowledged "rules of the game" successfully ensured that only sustainable, managed actions endured. Ngai Tahu consider that their systems were far more highly developed and far more successful than modem conservation law and practice in New Zealand today in certain areas, for example in fishery management.

The traditional Ngai Tahu system of resource allocation and control contained and reflected all of those beliefs and

Ngai Tahu Resource Management Strategy for the Canterbury Region page 3-17

Notes

1. It is interesting to note that the water type, as determined by the catchment, was an important consideration in these shellfish seeding programmes. See the evidence to the Waitangi Tribunal, Ngai Tahu Claim (Wai 27), especially Document J10 and the evidence of Peter Ruka & Rakiihia Tau.

2. Te Waiatatanga mai 0 Te Atua, South Island Traditions recorded by Matiaha Tiramorehu, edited by Manu van Ballekom and Ray Harlow, Dunedin, 1987. Mahoranuiatea, like Te Maku, is a form of water, being The Long White Mist in the Morning.

3. Evidence to the Waitangi Tribunal, Ngai Tahu Claim. 4. The Treaty of Waitangi and Maori Fisheries, N.Z. Law Commission, PP9, Wellington, 1989 p.27. 5. Personal communication: M. Whaitiri, R. Bell. 6. Harry Evison, Kaiapohia - The Story of a Name, Te Karanga, vol 6 (2), August 1990, pp. 3 - 9. •

Ngai Tahu relationship with the Environment page 3-18

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. INDEX TO NATIVE"""""' RESERVES,

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" I "'''''.p"J .,.... 0 U ~~iJ K.'kauui .... J U 71-,..-,,...,,,,, / _,.. . :t n.J .. lei ..!,u IJ 7____ t_,411( .·urau , a-k'a..~~ K""kourArftla I~G' " " tJ-L;. '-0 r ...... O.J"kwtahi .. ~~ U 'r,."mu," (lllIllcu ''''ul.lth., \\· ... Ir"w...... " :,u T"u.nul" :1:1'" Aruwh,',.u. ;1."1 IZ" \\'.1,'01'" I~ .,.... LfpnktJ, ". U ... k.I.,. .. ,.... 7" I·' "'a .. hinu ." CJ?tl

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4-2

Ngai T ahu believe that the Treaty is always speaking, and it becomes not less but more sig­ nificant as we go into the future. . Ngai T ahu ties with the land are as strong today as they once were, even though the majority of Ngai Tahu now live in the urban envi­ ronment. Maori Land

Maori land tenure takes several forms, the situation being very Introduction complex in some cases. The prob­ lems arising from particular forms of land tenure pose a major chal­ Maori-owned land differs lenge to both owners and planners. from European-owned land in Perhaps the best description of the two major ways: various forms of tenure is to be found in the "Report of the Royal Commission of Enquiry into Maor Firstly, it is not seen in terms Land, 1975". of its commercial value alone. To Ngai Tahu, land confers dignity and rank, provides the means for manaakitanga, is the resting place for the dead, a spiritual base for traditional The Ngai Tahu Relationship beliefs and a heritage for future with the Land generations.

Ngai T ahu also have rights in Further, land establishes land which is no longer in their personal and Tribal identity, is a direct ownership. They point to the symbol of social stability and is decision of the High Court on the an important source of emo­ tional and spiritual strength.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 - 3

Maori relationship with land in Royal Forest and Bird Protection Since this ruling, many im­ Society v W A Habgood Ltd. portant cases have been heard (1) and these have resulted in the creation of a wealth of case history. Ngai Tahu maintain In this case, The Royal Forest that this significant progress and Bird Protection Society op­ should not be circumvented by posed a renewal of a mining applica­ future legislation and!or plans tion set before the Planning Tribu­ and that the findings should be nal by W.A.Habgood Ltd to mine incorporated into future plan­ sand on Kaitorete. They took the ning decisions. case to the High Court and argued on the basis that section 3 (1) (g) of the Town and Country Planning Act, 1977, stated: Policy "(1) In the preparation, impl~entation ana admini­ stration of regional district 1. That as a matter ~d map~ime.schemes, and of policy the Canter­ In adm1Dtstenng the provi­ bury Regional Council sions of Part II of this Act will treat as a matter of the following matters whic~ regional importance the are declared to be of na­ tional importance shall in Ngai Tabu ancestral partic;ular be recognised and relationship and cul­ !>rovlde for:- ... tural values concern­ (g) The relationship of the ing the land and wa­ Maori p'eople and their cul­ ters within the Canter­ ture with their ancestral bury region. land."

Mr Justice Holland of the High Court stated: Mining "I can see no logical or le~al reason why section 3 (1) (g) of the Act should be of no One issue concerning the land application solely because the land in question is no itself is mining. While Ngai longer owned by Maoris." Tahu are not opposed to mining of itself, they are opposed to This ruling resulted in mining which destroys or inter­ W.A.Habgood Ltd being granted a feres with land or waterways that are culturally important. t~mporary mining right limited to fIve years and due to expire in 1991. Ngai Tahu evidence to the . In effect this case allows for land Waitangi Tribunal highlighted In respect of which Maori have some of the problems associated ancestral connections, to be consid­ with mining on the West Coast, ered when regional, district and and particularly the practice of using waterways as 'slurry man~u:ne " schemes are proposed or aWDI Dlstered. channels' for mining operations.

Ngai Tahu Objectives & Policies page 4-4

These practices are highly detri­ associated waterways mental to fish and plant popula­ where there is a Ngai Tabu tions. interest unless the mining company has the assent of the tangata whenua. Ngai T ahu maintain that they have an interest in all water- ,.;: .... "'.:::,':':': ",,:::/::,},'::::'::::: ... :::::/,:,,:;:,::::,',',: ... ;:.;.: :.::::,:::::,:,,:::::::},:::<.::::>,.,.: .. ways, and a very real responsi- bility for the management of Marae them.

The marae is the focal point of The above-mentioned High the hapu or Iwi that possesses Court hearing on the Habgood turangawaewae in that area. It is a case heard evidence on the place to meet and discuss birth, life number of archaeological sites and death; and those matters con­ and urupa located on Kaitorete cerning their rangatiratanga. Spit where the company was mining. The company's opera­ tions were destroying these sites It will normally be the meeting and in one case a worker re­ place for the local Runanga and for ported seeing human bones on that reason , will be the centre of the loading conveyor. These discussion of the issues of the day. events highlight Ngai T ahu While serving these functions, the concerns. . about. uncontrolled marae has important social, cultural llllIllDg operatIons. and religious uses and serves as a gathering place for all people and their visitors. Policy Marae are not open to the public. 1. Mining should Those who go onto a marae must not be permitted in do so as of right, that is, because areas which are impor­ they are the owners and possess tant to Ngai Tabu, turangawaewae or as manuhiri including uropa, wabi (visitors) who are made welcome. tapu and mahinga kai Each marae has its own kawa areas. (protocol) and for present purposes that is Ngai T ahu kawa within 2. All existing and Tribal rohe. future mining opera­ tions must take due regard of the tangata In the Canterbury region most whenua interest in the marae are found in rural areas upon land and associated Maori Reserved lands. This reflects waterways. the fact that until the end of the Second World War, Ngai Tahu were a people. Since then, 3. Mining licenses rural should not be granted at an increasing rate, Maori every­ in respect of land and where have been moving into the larger urban centres in search of

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 - 5 ployment, education and economic advancement.

This trend has resulted in pres­ sure for the construction of urban marae which do not sit well with land-use-based Town and Country Planning Schemes or with local body bylaws.

In a land-use sense, a marae can­ not be classified as a place of ·public assembly·, and, because the whare runanga is often used for overnight accommodation, it cannot meet local body bylaws governing such use.

Any new urban marae will have Tribes, but both can live to­ to provide for off-street parking, gether. Any marae for other comply with bylaws relating to T ribespeople would be a gross places of occupation, and buildings affront to the tangata whenua which meet strict engineering whose permission to construct a standards. For these reasons they marae would have to be ob­ may not fit well into existing land­ tained. use patterns. Thus, any proposals for new marae will have to be treated with sensitivity on all sides. Ngai Tahu have outlined these matters in an attempt to illustrate that failure to take In today's mobile society, the account of Maori kawa could Maori community in any large lead to land-use planning diffi­ urban area will be made up of culties and potentially serious members of many Tribal affili­ political problems if the require­ ations. Those who have turanga­ ments of inter-Tribal custom are waewae in any particular area will not observed by planners. have or want their own marae. T~ose without turangawaewae may wIsh to construct Maori Commu­ Policy nity Centres where all Tribes may gather. There is a difference be­ tween a marae which is the prop­ 1. New marae must erty of those with turangawaewae have the consent of and a Community Centre for other those with turanga­ waewae in the relevant area. That is tikanga Maori.

Ngai Tahu Objectives & Policies page 4- 6

2. In the prepara­ tion of new planning schemes the detailed Rural Land Use ordinances should pro­ vide an opportunity to establish new marae Maori Reserves were originally and Maori Community -granted- to Ngai Tahu to provide Centres. an economic base for the communi­ ties living in those areas.·However, changes in land-use patterns, the economics of certain industries, the moving of many families to the Lan~ Use Changes cities and the vast increase in the numbers of OWDers has often led to There are instances where these areas being neglected. Many traditional Ngai Tahu settlements . land was gifted by Ngai T ahu in­ have communally-owned land dividuals, whanau or hapu for the benefit of the wider commu­ blocks situated close to them. nity. These sites were often However, due to the above prob­ gifted for school sites or lems, these areas often remain churches. undeveloped.

In other instances, planning laws In other instances, land was compulsorily acquired by the forbid people to build on blocks of Crown for some form of public land that do not fit the criteria of works, for example, defence in­ -an economically viable unit·. This stallations. further alienates people from their own turangawaewae and again hin­ ders the re-establishment of their In many of these cases, the communities. original purpose for which the land was gifted and!or acquired no longer applies and Ngai T ahu Associated with the problem of maintain that such land, and any the required -economically viable buildings thereon, should be unit- is the obstacle that this creates returned to the original owners. for those attempting to re-establish macae or Runanga-based enterprises. Because an individual or a Runanga Policy may not meet a particular require­ ment of, say, a minimum area of 50 1. If land use acres, they are prevented from changes result in gifts undertaking any activity. of land and/or build­ ings being no longer required for their origi­ These factors all contribute to a nal use, such land and general sense of frustration at being I buildings should be re­ I denied the opportunity to develop , ~ turned to their original one's own resources, and are seen owners or the local as Runanga as appropri­ a major impediment to Ngai Tahu ate. development in the future.

Ngal Tahu Resource Management Strategy for the Canterbury Region 'I·. i " page 4-7

light of the original in­ tention to provide an Ngai T ahu would like to see an economic base for the environment where there are as few communities associated hindrances to rural community with that land. development as possible and there­ fore maintain that applications by the T angata Whenua to build on or 3. That at the tnne near Maori land should be consid­ of the review of any District Planning ered favourably. Scheme, or the prepa- . ration of resource management plans, Applications to start community both Regional and business ventures should also be District Plans should given favourable consideration, provide recognition of particularly if they are communal the originally intended buSiness ventures. Such communal purposes of Maori Re­ businesses offer many opportunities serve lands. This will "Many for Ngai Tahu to gain commercial involve consultation traditional Ngai with the owners. independence, reinforce family and Tahu cultural ties, and participate in and settlements have contribute to local economies. 4. That the origi­ communally­ nal purpose should be owned land generously interpreted Ngai Tahu therefore maintain to include any activi­ blocks situated that planners should bear in mind ties which support the close to them. " the original intention of Maori development of Ngai Reserves, that is, to support the Tabu's communal base. welfare and aspirations of their owners. They should also consider 5. That applica­ the problems associated with devel­ tions to initiate com­ oping multiple-owned and com­ munity-owned business munally-owned land, and help the ventures should be respective individuals and commu­ actively encouraged, nities overcome these. and that unnecessary constraints should not be applied.

Policy 6. That applica­ tions to construct build­ 1. That planners ings for communal Ngai should consider applica­ Tabu use, for example tions for building permits whare runanga (meet­ on such land in light of ing houses), should be their original provision as viewed favourably and community resources. actively assisted.

2. That planners 7. That Ngai Tahu should consider applica­ individuals and Run­ tions to initiate business anga should be permit­ ventures on such land in ted to buy areas ofland

Ngai T ahu Objectives & Policies page 4 - 8

near their rural marae for the purposes of buDding dwellings or establishing business ventures. Minimum " a growing area requirements should not apply in understanding these circumstances. that Canterbury water bodies are being 8. That similar policies should also seriously apply to proposals in compromised. " 'urban areas.

9. That public parking places and areas of public recrea­ tion not be sited on Maori Reserve land without the consent of the owners of that re­ serve.

10. That the local Forests Runanga be consulted on all matters affect­ ing Maori Reserve land Hundreds of years ago, most of in their area. Canterbury was covered by forest. Over the years, first Maori and then 11.' That in deter­ European cleared the forest to make mining applications by way for agriculture and grazing op­ Ngai Tabu individuals erations. In recent years, and espe­ or Runanga to initiate cially since the Water and Soil aquaculture ventures, Conservation Act, 1967 became whether water or land­ law, there has been a growing based, the responsible understanding that Canterbury authority should have water bodies are being seriously a duty to consider the compromised. Treaty of Waitangi.

The run-off of agricultural chemi cals, and the entry of nitrates and phosphates into water bodies through accelerated soil erosion, is seriously affecting water quality in all waterways. Lake Wairewa (Lak Forsyth) is a good example of this problem, and there are signs that r Waihora (Lake Ellesmere) is also b I " coming eutrophic. Eutrophication

Ngai Tahu Resource Management Strategy for the canterbury Region page 4 - 9 is a natural process but in the cases sold to private enterprise. There of Wairewa and Waihora that have been suggestions that what process has been vastly accelerated will be sold is the cutting rights, by human intervention. Matters not the land. If that is to be the have reached the stage where water case then there is a strong possi­ "Within the scientists believe that the only way bility that after one or two Canterbury to slow down this process is to re­ cycles of cutting the Crown may region there are afforest the catchments of the two be left owning the bare land only small lakes. Those catchments comprise where once the forests stood. approximately 285,000 hectares, Who would then pay to replant isolated stands practically all of it in private hands the forests? For the reasons of indigenous and used for extensive or intensive already given Ngai Tahu believe forests left. " agricultural purposes and most that large parts of Canterbury unlikely to ever be re-afforested. should be forested and, for that reason, stipulate that owners of forests should not be allowed to Within the Canterbury region cut the timber and leave the land there are only small isolated stands bare. Forest should be replaced of indigenous forests left. These are by forest. valuable as examples of what was once a climax vegetation cover and are worth preserving for that reason alone. They serve another purpose Policy in providing the habitat for fast dis­ appearing native bird species. Most 1. That logging of of the native birds have now left the indigenous forests Canterbury region following the should stop forthwith. destruction of their habitat; all of them are under threat and most are classified as endangered species. 2. That owners of indigenous forests be compensated for any loss of income caused Ngai Tahu believe that these by such a ban. forests and their inhabitants are now so scarce that there is justifica­ tion for stopping the felling of all 3. That where pos­ indigenous trees, even if they are on sIDle the owners of such "... the need to privately owned land. Plainly in forests should be en­ the latter case compensation would couraged to enter into preserve a have to be paid to the owners, but heritage covenants and heritage that is suitable incentives nearly gone. " Ngai T ahu believe that the cost of should be made avail­ compensation is outweighed by the able. need to preserve a heritage that is nearly gone. 4. 1bat when exotic forests are felled, the There are large exotic forests in owners should be en­ the Canterbury region most of couraged to replant Which were owned by the Crown them. but are now in the process of being

Ngai T ahu Objectives & Policies page 4 -10

9. That the formation and management of any reserves be done with the full involvement and with the assent of the appropri­ ate Runanga.

10. That Ngai Tabu access to, and rights to use resources from public for­ S. That the detri­ ests, parks and reserves be mental effects of ero- guaranteed. This includes , sion and noxious weed the use of traditional ma­ invasion restIJtmg from terials silch as pingao and the clearance of exotic harakeke. forests should be con­ sidered, and suitable conditions applied to 11. That representative avoid these outcomes. native flora be used in revegetation projects, and where possible this should 6. Wherever pos­ be of local genetic origin. sible, but especially at the margins of lakes and rivers, vegetation should be established to assist in stemming Ngai Tahu Fishing the flow of nutrients into these water bod­ Easements ies. Introduction 7. A concerted ef­ fort should be made to conserve, protect and The following section is a review enhance exNing indige­ of the fishing easements set aside fOJ nous vegetation, for Ngai Tahu in 1868 by the Native

I their own sake, as a Land Court, presided over by Judge ,i habitat for native bird­ Fenton. Ii life and as a mecha­ I, nism in assisting in erosion control and the The easements or reserves were absorption of fertiliser part of the promises made in run-off. Kemp's Deed which promised Ngai T ahu that their mahinga kai would 8. lOOt a concerted be set aside for them and their de­ effort to control nox­ scendants. ious plants which are threatening indigenous vegetation should be The Crown took a limited ap­ maintained at all times. proach when interpreting mabinga This effort should treat kai and took the to phrase ~o mean river-beds as a prior­ "cultivations". On the other hand, ity. Ngai T ahu understand mahinga kai

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 -11 to mean all food and other resource the authority to sign the Order producing places. This phrase of Reference, and that that privi­ means exactly what it states, that is, lege belonged to the Governor Ngai Tahu have a right to take food alone. The outcome was that and other resources from all places, Ngai Tahu were left without including the ocean, coastline, counsel. rivers, inland waterways, swamps, plains, high country, mountains and forests. Fishing easements were sec­ tions of land sited near rivers, lagoons and estuaries that al­ Mantell did not reserve any lowed Ngai Tahu to use them as mabinga kai for Ngai Tahu in' 1848 a camping site from where they when he was instructed to set aside could take fish, eel or shellfish. Reserves for the Tribe by Lieuten­ The easements did not give any ant-Governor Eyre. This failure of property rights to the water or Mantell to set aside adequate re­ the beds of the lakes or rivers. serves of mahinga kai was one of the reasons, among others, why Ngai Tahu sought to have their case However, from the mid to heard in the Native Land Court in late 1870s Ngai Tahu began to 1868. complain that the water levels of the lagoons, lakes and rivers were falling due to nearby Ngai Tahu faced a new problem drainage operations by local in the Court, as Judge Fenton ruled farmers. The drainage of the that the Court was bound to take waters bought about a decline in the Crown's interpretation of mah­ the quantity of fish because of inga kai as the Reserves were to be the destruction of their habitat. Crown grants. Fenton then pro­ duced an Order of Reference which required the Court to allocate A common feature of these reserves within the area of the easements is that they are often Canterbury purchase. Ngai T ahu subject to erosion which peri­ counsel withdrew in protest on the odically changes their topogra­ basis that the Postmaster General of phy as in the case of Waitarakao the area, John Hall, did not have in the Arowhenua District

Ngai Tahu Objectives & Policies page 4 -12

which now lies out to sea. Water Values

Policy Introduction

1. That Ngai Tabu should be permitted to This text aims to show the piv­ develop projects on otal importance of water to Ngai . these easements which Tahu. Water, and the resources it reflect the original in­ supports, determines the siting of tention of providing an their>!t~ga (vil!ages),their id~n­ 'economic base for tity, and the rhythm of their lives. Tribal communities.

2. That the gazet­ The traditional values and con­ ting of Wairewa as a trols regarding water are included in Maori FIShing Reserve the Tribe's spiritual beliefs and be altered to a N&ru practices. This recognises and rein­ Tabu FIShing Reserve forces the absolute importance of for Ngai Tabu who water quality in relation to both descend from kau­ mabinga kai and hygiene. matua listed under the land grants of the Maori Reserves from Wairewa, Rapaki, .Water is held in the highest Kaiapoi, Port Levy and esteem because the welfare of the Te Taumutu. life that it contains determines the welfare of the people reliant on those resources. 3. See also policies on Maori Reserved land, especially in Sec­ Traditionally, water was the tion 5, and the Index centre of all activity within Maori (Section 9). society. It provided the preferred transport medium; supported fish and shellfish populations; was used in religious ceremony; and was als used for recreation. For these rea­ sons, and like most other cultures, settlements were centred beside, or in close proximity to major water­ ways.

As mentioned earlier in the text water-sourced foods were particu­ larly important in Te Waipounam because of the harsh climate whi precluded the easy or extensive growing of horticultural crops. : II I

I I

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 -13

This dependence on kai-moana Evidence given to the (sea-food), kai-awa (river-sourced Waitangi Tribunal in particular, food) and kai-roto ~ake-sourced hints at a vast and sophisticated food) is a theme which has re­ traditional knowledge of re­ mained through to present times. source management and en­ After the Land Sales of the mid- hancement techniques. These 1800s, many Ngai T ahu families include the technologies to both were forced to rely on that food increase and decrease popula­ which could be sourced from the tions of shellfish to provide an waterways as their land reserves optimal product. Genetically su­ were of inadequate area and!or perior strains were recognised quality. and transplanted to other areas, These resources were equally often near . essential during times of great (2) hardship, such as the depressions. Extensive knowledge also For these reasons, and also because exists of the various sea currents, this source of mahinga kai is one of winds, stars and tides, and the very few opportunities for which combinations of these modern-day Ngai Tahu to partici­ indicate which fish can be pate in the food and practices of caught and where. Specific their tupuna (ancestors), water and catching methods were devel­ the food that it supports are at the oped for each species, whether forefront of Ngai T ahu concerns fresh or salt-water, and ap­ today. pointed specialists controlled the management of each re­ source. Over a long period of time, Ngai Tahu accumulated an extensive amount of knowledge about the As mentioned in an earlier resources within their rohe, particu­ section, food and the presenta­ larly water-sourced foods. tion and gifting of it is central to the Maori culture. Not only is it very important to show 'aroha Harvesting methods reflect a ki te iwi' (regard to people), but sophisticated understanding of the also to be able to support the breeding cycles, migration times kaumatua (elders) of the com­ and feeding habits of all the impor­ munity and to help cater at tant fresh and salt-water species, functions such as twaue (fu­ with different names being used for neral ceremony). the same fish at different parts of its life-cycle. Many species can be harvested at different times of the year by understanding their habits at those times and adjusting the catching .method to suit. To ensure the continuation of the resource, strictly observed restrictions are enforced to protect breeding stock.

Ngai Tahu Objectives & Policies page 4-14

Water was used by tohunga in various religious ceremonies, includ­

ing the lifting of tapu from warriors I Spiritual Values returned from batde; baptisms; initiation ceremonies; and funerary As already mentioned, all life rites. Each ceremony was performed came into being when Maku only with water suitable for that mated with Mahoroanuiatea, function and certain areas were set another form of water, and aside for these purposes. These vari­ begat Raki. Water, therefore, is ous water classifications are: wait­ the promoter of all life and apu, waitohi and waiora; each represents the life-blood of the having their own characteristics and environment. Its condition is a spiritual function. reflection on the health of Pa­ patuanuku (the Earth Mother). Because of the sacred nature and pragmatic importance of water, specific practices and restrictions are enforced. For example, it is unac­ ceptable to discharge sewerage into waterways where food is collected.

One ofthe most prominent spiritual notions that Ngai T ahu has in relation to waterways is that the sea, rivers, lakes and streams were all guarded by taniwha or kaitiaki (guardians). In some cases , they acted as guardians of a particu­ lar area, or of particular people. In other cases they acted as messen­ gers, signalling the end to a fishing season, or worse, impending .L.I..U'U,",~ tune.

... ~.' . '~~,,~ .. ~ ~ "U •••••• - •

.-..... ~.~ ...... •

. A",~... , ....

• _.-- ~¥ •• - ••• ,-••• -~, •• The Canterbury region has a . ~ ~ ..... - ..... --•... .._...... • ,.- number of examples. Tikao ····~-···1,.!~, ~ -'l: ...... ~~"""1 ~"---' two taniwha who live in a rua .~ ...... -~~ ..... _... \ .•. -... ~.¥".! ..~, ...... , ~--""--i ...... - i (cave) near Opukutahi. - ..... ~----.. , .• -.. ~ each, taniwha were left there by Te Ake, a Ngai Tahu rangatira, to safeguard friendly people on the sea.

The waterways of Kaiapoi are also guarded by two taniwha, the tuere and the koiro. The tuere is a

Ngal Tahu Resource Management Strategy for the canterbury Region page 4 -15 lamprey that is spotted and creamy is unacceptable to Ngai Tahu. in colour. The koiro is a large black eel that inhabits the waters in the Kaiapoi Pa. The Ngai Tuahuriri According to Ngai Tahu tra­ and Ngai Te Ruabjkjbikj hapu dition, it was the Rapuwai believe that these eels, when very people who classified the waters young, travel from Kaiapoi of T e Waipounamu. Water is through the underground water­ classified according to its uses, ways as far as T e Waihora (Lake and that classification then de­ Ellesmere). termines the future uses of that (3) waterway. For example, it would be inappropriate to drink Connected to the concept of water used for embalming the water guardianship is the matter of dead, or to bury a tupapaku tapu. Water was declared tapu for (corpse) in a tauraka (fishing several reasons. The best example of ground). Areas of water were waltapu (sacred waters) are those set aside for various types of use waterways that act as burial places. by tohunga, either because of Because of their primary use, food is their location or because the not taken from these places. waters were considered to have special qualities. (5) There is another rabui in the Kaiapoi region, on a site known as Tu Kai Kino in the Puharakeke o Wai whakaheke tupapaku (), this water being used by tohunga for embalming. Waiwhakaheketupapaku translates as water burial sites. At Ihutai, near Sumner, Ngai Within this repon we refer to T ahu fishermen avoid an area some of these water-burials in known as Tuawera because of an the Canterbury region. Tupa­ incident where a hapu, Ngati paku (human corpses) were Pohoareare, were killed by makutu weighted down in lagoons, (witchcraft). rivers, springs and in the ocean (4) in secret places. All of the above are examples of areas of water which have, or have had, a rahui laid over them. To identify the location of these waters identifies the funer­ ary places which Ngai T ahu are In conclusion, there are waters less than anxious to do. For this V:ithin the Ngai T ahu rohe (tradi­ reason Ngai Tahu require some t~onal boundaries) which are catego­ restriction on the information nzed as entities with their own about these sites, and they are distinct characteristics. The classifi­ therefore identified in the silent cation of these waters determines file. how they may, and may not, be use? Where water types are incom­ patible, the mixing of those waters These waters themselves have no special qualities, although

Ngai Tahu Objectives & Policies page 4-16

they are regarded as culturally coastal swamp near the estuary. sensitive. However, Ngai Tahu The water quality of these places would strongly object if a sewer­ was formerly good enough to age outlet was sited over a water sustain food. burial or if some form of indus­ trial waste was discharged there.

Waiora Waitohi These waters were used for heal­ ing by tohunga. Like waitohi, these These waters were used by waters were pure. tohunga durIng initiation and baptismal ceremonies. The function was to remove the tapu Today it is difficult to identify all from people (whakanoa). For such waters in the Canterbury this reason restrictions were district because that knowledge is imposed on these waters in now incomplete and most places order to ensure their continued have been interfered with by mod­ purity. ern developments. However, there are some still significant to Ngai Tahu today.

Waimataitai

This refers to the coastal sea and waters in the estuaries Waterways: where salt and fresh water mix. Rivers, Tributaries, Lagoons and Lakes

All estuaries were, and are, important mabinga kai for Ngai Tahu. However, waimataitai Planners need to be able to iden­ should not be taken in the tify traditional Maori fisheries in limited context of waters only order to protect them and maint . but also in the wider meaning of appropriate standards of water the word "estuary". Waima­ quality. The purpose of this part 0 taitai also includes areas of the paper is to give effect to the "Draft R~onal Planning Scheme Report", which stated as one of its policies:

"That traditional Maori fish­ ing .&.rounds in Canterb~ be iCientified and practical measures be taken to pro­ tect these and maintain ap­ propriate standards of wa­ ter quality. "

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 -17

[Proposed Section 3.1 -Land & Water­ (Nth Canterbury) 1990 (policy 4.7), Canter· bury RegionAl Planning Scheme] However, there are traditional fishing grounds and fishing ease­ There is a problem here already. ments which need to be dis­ There is a mistaken belief that cussed further. The following Maori fishing grounds are 'site­ section will deal with some of specific', whereas in reality all wa­ the principal water bodies in the terways are a source of mab;nga kai Canterbury region which are for Ngai Tahu and are therefore still used as mab;nga kai. important. The concept of 'site­ specific' fishing grounds completely ignores the mobility and migratory habits of fish species. . Inland Waters

Take for example the problem of According to T e Te Akaaka, a fishing reserve set Waipounamu traditions, the aside in 1868 by the Native Land inland lakes were dug by T e Court, for the use by the Kaiapoi Rakaihautu and his ko (digging Ngai T ahu, near the mouth of the stick) which was named Ashley River. The main foods Tuhiraki - present day Mount taken here are the cockle and pipi, Bossu. but these shellfish move with the mouth of the river. According to one report, the Ashley River has Ngai Tahu interests in the wa­ been slowly moving northwards terways extend beyond coastal since 1979. The kai moana and kai shellfish beds and off-shore awa have followed the movement of fishing grounds. In the Canter­ the river mouth - away from the T e bury region Ngai Tahu have Akaaka reserve. interests in all of the lakes that (6) are fed from the mountains Sitilllar cases can be made for because they support fish popu­ virtually all Ngai Tahu fishing lations. reserves in the North Canterbury area, as all of the lagoons sited next to the reserves have been drained. Lakes specifically used up till The Reserves therefore no longer the middle part of this century provide access to resources as origi­ by the Ngai Tuahuriri were: nally intended. Whakamatau (Lake Coleridge), Oporea (Lake Pearson), Oporea iti (Lake Grassmere) and Kai The idea of 'site-specific' fishing Moana (Lake Howden). The grounds within the inland water­ lakes fed the Waimakariri, and 'Ways and estuarine systems should Rakahuri. be resisted. The concept is more ap­ plicable to coastal and deep-sea areas 'Where fishing grounds are fre­ Further south, across the Waimakariri to the Rakaia quently 1~e4 over reefs or trenches. - River, Ngai Tuahuriri used the lakes that led into the Rakaia,

Ngai Tahu Objectives & Policies page 4 -18

Waikirikiri (Selwyn River), them in poha rimurapa (a container Waiwhio (Irwell River) and made from seaweed). The poha Hakatere River. Evidence of would be placed along the shoreline Ngai Tuahuriri presence in this near the kainga where the pressure region was at Wbakaepa which of the waves over the buried poha sits at Coalgate. This was an would trigger the release of the outpost Pa of the Kaiapoi Ngai seeds from the kai moana mataitai. Tahu which was used by forag­ Alternatively, the poha would be ing parties. gently kneaded by the cultivator s6 that the seeds were pressured out.

The principal foods taken from these lakes were eels, This is an oversimplification of a putangitangi (paradise duck), complex process, but it gives a parera (grey duck), pateke general description. Water quality (brown duck), whio (blue duck) must be suitable to allow regenera­ and pukeko (swamp hen). tion of the shellfish. This means that the mauri of the river that enters the estuary or coastline The inland lakes further where the kai mataitai is to be south down to the Waitaki were planted should be compatible with used mainly by whanau subdivi­ the mauri of the waters from where sions of the Ngati Huirapa as the shellfish was originally taken. mabioga kai and the foods of Besides the biological factors in­ those are described above. volved, social controls were also practised.

Shellfish Seeding The practise of seeding was seldom done in the last few decades, so that many whanau lost part of Seeding was a traditional form their tradition. However, to some of aquaculture practiced by Ngai whanau the art is still known and T ahu. It took two forms: the because of recent commercial stress first was that people skilled in upon traditional fisheries the fami! the management of specific traditions are being shared amongst mahinga kai were given the task Ngai T ahu, and most of the coastal of planting (seeding) different kainga are once again reviving this II types of shellfish in new areas; important conservation and re- ' I the second is when shellfish source enhancement practice. were taken out of their natural Many different areas were seeded b habitat and stored in artificial Ngai T ahu in the Canterbury environments - usually in rua Region, including coastal waters, (storage pits). rivers and estuaries. Ngai T ahu commercial fishermen in their sp time have frequently assisted in Knowledgeable people would transplanting wai mataitai species choose their kai moana mataitai all around the extensive coastline (seafood) at a time when they T e Waipounamu, trying out pro­ were ready to seed and place spective breeding sites.

Ngai Tahu Resource Management Strategy for the Canterbury Region Ii ,'II page 4-19

initiate aquaculture ventures, whether The second form of aquaculture water or land-based, practised was the storage of the I"fSPOnsible author­ kaimoana in rua or coastal storage ity should have a duty pits. All Ngai Tabu kainga sited to consider the Treaty near the coastline have whanau­ or Waitangi. owned rua. The location of these places are known only to the fami­ lies and are owned exclusively by General Water Policy them. Statement These pits are usually hollows in the rocks which the tide covers at The maintenance of water high water. In these pits are stored quality and quantity are perhaps shellfish, usually mussels and paua. the paramount resource manage­ Foods are taken from the coastline ment issues to Ngai Tabu. and stored in the pits which are then used as a cupboard, avoiding unnecessary trips to the ocean. For The important challenge in these pits to work, the sea must be the modern context is the wise constantly moving in and out of the use of our natural resources in a rocks. Also, only the best shellfish way which is consistent with can be stored in the rua as diseased those values passed onto us by shellfish placed in a small rua will our tupuna. This challenge infect the rest. includes the wise use of natural resources, knowledge and tech­ nology passed on to Ngai Tabu A smaller scale version of this by their tupuna, while not for­ was that some kainga, such as getting or belittling the sound Koukourarata, would communally accumulated wisdom of the past. go to a neighbouring bay and make A combination of balance, up small beds of shellfish and store realism and an acceptance of them under piles of rocks for the Ngai Tahu values is needed. winter. This was done in the autumn. As mentioned above, Ngai Tahu resource management is Policy primarily focused on the ethic of sustainability and the long­ term welfare of the environ­ 1. That the Canter­ ment, and therefore the long­ bury Regional Council term welfare of the people should promote the pro­ within that environment. tection or traditional seed­ ing rights in consultation with Ngai Tabu. It is recognised that the wel­ fare of people and the success of 2. That in determining their activities within the envi­ applications by Ngai Tabu ronment depended on water individuals or Runanga to being maintained in the best

Ngai Tahu Objectives & Policies f

1 I page 4 - 20

possible condition. Plans should be prepared for each river, their tribu­ taries and catchments, and To this end, the utmost effort a coherent list of all water must be made to maintain and rights made, whether to increase both the quality and abstract water or to dis­ charge emuent. These quantity of water in all water­ management plans should ways. Funher deterioration, of be developed in consulta­ either water quality or quantity tion with the appropriate is unacceptable to Ngai T ahu. Runanga, and only adopted with their consent. Policy 6. That when water 1. That no dis­ rights to discharge emu­ "Further charge into any water ent come up for renewal, deterioration, of body should be permit­ investigations should be either water ted if it will result in undertaken to determine if more modem technol­ quality or contamination of the receiving water. ogy would permit an im­ quantity is provement in the quality unacceptable of any discharge. " 2. That no lower­ ing of water levels in identified 7. That in the case of wai whakaheketu pa­ abstraction, more efficient paku (water burial use of water be encour­ sites) should be allowed. aged. Any water "saved" in this manner should be returned to the waterways 3. That the quality to enhance river flows, and quantity of water and not reallocated to other in all waterways be users. improved to the point , I ,I i where it supports those I 8. That water right I, fIsh and plant popula­ tions that were sourced charges should reflect the from them in the past extent to which the Can­ and that these mahinga terbury Regional Council kai are fit for human needs to monitor and consumption. supervise rights and en­ sure compliance.

4. That the Canter­ bury Regional Council 9. That methods of should actively encour­ storing excess water, for age the disposal of ef­ example wetlands and fluent onto land rather dams, should be actively than into water, pro­ encouraged. vided that the ground­ water is not polluted in the process. 10. That wetland areas be created and expanded. All existing wetlands 5. Management

Ngai Tahu Resource Management Strategy for the Canterbury Region -- page 4 -21 should be maintained at ian strips to prevent their present area at kast, contaminated run-off in recognition of their wIue into any wetland, wa­ as "buffers" in times of terway or lake. high rainfall and also their crucial importance to fish and plant communities. 16. That efforts to improve the quality of eutrophic water bodies 11. That no further such as Wairewa (Lake reclamation of wetlands be Forsyth) and Te . allowed. Waihora (Lake Elles­ mere) should be initi­ ated. 12. 1bat those RUD3ng3 which possess beneficial rights to a particular wa­ 17. That the Canter­ ter body should be con­ bury Regional Coun­ sulted on all management cil, in consultation with practices which will im­ the Ngai Tabu Maori pact on that waterway or Trust Board, appoint its resources. an Iwi Liaison Officer and provide appropri­ ate administrative sup­ 13. That Maori Advi­ port for that Officer. sory Committees at both Regional and District lev­ ...... els should be consulted :.:.:.:-: ..•:.: ...... :.:.:.:.: ... :.:.;.:-:.:.: ...... : .... :;:;.:.:; .....: -:':',':':':' ;:;:::::::::::,:::::::;';::::.:::::: before any Catchment Management Plan is Mahingakai adopted, and the Commit­ tee advise the Council of any issues of concern to the tangata whenua and any requirements to be met in the preparation of the Introduction plan.

14. That agricultural Mahinga kai was one of the and chemical spraying be taonga (treasured possessions) prohibited in any case reserved from sale in the terms where the effects of such used in the Maori version of spraying will be to degrade Kemp's Deed in 1848. the quality of any water body or affect the flora and fauna in the immedi­ ate vicinity of such water bodies.

15. That the Canter­ bury Regional Council should encourage land owners or occupiers to plant vegetation on ripar-

Ngai Tahu Objectives & Policies page 4 - 22

This problem has not simply Kemp's Deed was a deed of crept up on Ngai T ahu this century sale drafted by the Crown, and Ngai Tahu kaumatua in the 1870s negotiated on the Crown's recalled the scarcity of bird-life in "To Ngai Tahu, behalf by Henry T acy Kemp. their time. Rawiri Te Maire, a Ngai mahinga kai The intention of the Deed was Tahu kaumatua, recalled in 1876: means, and has to purchase 20,000,000 acres in always meant, the South Island from the Ngai the whole T ahu for the sum of 2,000 "The tuis and all other birds are gone, and the roots of resource chain pounds. The coastal boundary of Kemp's Block ran from the Kauru and the fern have been destroyed by fire. " from mountain Kaiapoi down to Otakou (i top to the ocean (Otago). The Crown and Ngai floor. " T ahu have never agreed as to where the inland boundary of One Tuahiwi kaumatua, the late the purchase is located and this Rima Bell, recalled her childhood ir matter is part of the Ngai T ahu the 1930s: claim presently before the Waitangi Tribunal. "The old people would travel up there [North Can­ terburyJ for weka and pi­ The Deed also promised that geons, which are no longer Ngai Tahu would retain all their there because the forests "mahinga kai" for their own use have been cut away." and for the use of their descen­ dants. The Crown originally interpreted mahinga kai as being Other kaumatua of Ngai T ahu 'cultivations' and 'fixed eel have similar recollections, Wiremu weirs'. To Ngai Tahu, mahinga T e Uki explained mahinga kai thus kai means, and has always before the Smith-Nairn Commis­ meant, the whole resource chain sion in 1879: from mountain top to the ocean floor. "We used to get food from allover our island; it was all The Canterbury plains were mahinga kai. And we con­ sidered our island in a far originally worked as one large superior position to any' mahinga kai. It would take too other, because it is calleCl long to list all of those foods Waipounamu, the green­ stone island, the fame taken from this region and so, thereof reaches all. " for the purpose of this paper, it is simply noted that the major­ ity of the foods available and taken then are not now avail­ Highly organised seasonal time­ able.'Ngai Tahu have consis­ tables were followed to best utilise tently argued that this is a seri­ the resources available, and were ous breach of the Crown obliga­ unique to each hapu depending on tion under both Kemp's Deed the resources coming under their and the Treaty of Waitangi. manawhenua. A large number of trails were used to gain access to

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 - 23 these areas, including those that traversed Te Tiritiri 0 te Moana (the 3. The fencing of land for Southern Alps) and lead to the subdivision and occupation by treasured pounamu. The defence of pastoral farmers. these trails was delegated to specific hapu and whanau. 4. The introduction of preda­ tors such as rabbits, cats, dogs, Besides the kakapo, a whole host ferrets and stoats which have of other kai (foods) were taken as severely reduced the traditional well including: kaka, kea, tui and foods of Ngai Tahu. flora such as tikumu (Celmisia sp.), taramea (Wild Spaniard, highly valued for the perfume produced Re-afforestation of the Can­ from it) and aruhe (fernroot). The terbury plains is not a realistic Torlesse Range was a huge mahinga goal, when much of it is in kai used by families from Kaiapoi livestock and agricultural pro­ Pa and the surrounding area. duction. For these reasons, Resource usage was determined there seems little point in citing by whakapapa and occupation, and places as mahinga kai which are traditional boundaries were jeal­ no longer available. Neverthe­ ously guarded by the individual less, there are places in the hapu. The actual usage itself rein­ Canterbury region to which forced the user's manawhenua Ngai T ahu still go to obtain rights. These rights also carried foods. with them the responsibility to manage the resource so that it would be available for future gen­ It is important that all areas of erations. remaining native bush be pro­ tected. These places must be retained as a mahinga kai, and The high country was all part of they must be managed by Ngai "The other big the Ngai Tahu mahinga kai. The T ahu, The Tribe have always Ngai Tahu food gathering bounda­ argued that Kemp's Deed and pests are ries covered the whole inland range. the Treaty of Waitangi ensured Government full access and rights to all food officials who in producing places. ignorance destroy the The loss of mahinga kai is due to b urrows ... Ngai T ahu have been aware " four main factors: since last century that the native wildlife was being destroyed by 1. Much of the mahinga kai is introduced predators. For now depleted due to the destruction example, titi (muttonbirds) were of the habitat. formerly taken in many places on Banks Peninsula. Today there are not enough mutton­ 2. Denial of access to mahinga birds to take. The main reason k'bat y local by-laws and Govern- is that each titi lays one egg in a Illent legislation, burrow, triennially. On the

Ngai Tahu Objectives & Policies page 4-24

mainland the eggs are prone to 3. Ngai Tabu maintain attacks from ferrets, stoats and that future planning pro­ rats. The adult birds are game cedurt5 mould consider the "Mahinga kai for cats and dogs. The other big fact that areas such as wetlands are important was, and is, pests are Government officials mabinga kat to Ngai Tabu. central to the who in ignorance destroy the Ngai Tahu way burrows thinking that they are of life. " rabbit burrows. 4. Where productive mabinga kai areas still remain, strong policies Mahinga kai was, and is, should be adopted to main­ central to the Ngai T ahu way of tain and enhance them. life. As mentioned in an earlier The Canterbury Regional Council shoold support the section, the collection and attainment of access pro­ processing of mah;nga kai is an visions where necessary. important social and economic activity. Ngai Tabu are con­ cerned that the collection of S. That local Ngai mab;nga kai, in its numerous Tabu be allowed to estab­ forms, should continue to lish temporary camps for the purpose of collecting remain an integral part of their ! ~ mabinga kai during the culture. appropriate seasons. '

6. That the local Run­ Policy anga should be involved in the management of an mah­ inga kai resources, includ­ 1. That the quality ing fresh and salt-water I.' and quantity of water fISh. in all waterways be im­ proved to the point where it supports those 7. That the Canter­ nsh and plant popula­ bury Regional Council tions that were sourced actively encourage and from them in the past, support all initiatives to and that these mabinga restock lagoons and other kai are nt for human waterways with native fISh consumption. species, and all initiatives to maintain those places as

I a suitable fIShery habitat.

" 2. That wetland areas be created and I , expanded. All existing 8. See also the Tribal wetlands should be policies on water, especially maintained at their as stated in Section 4, at 4- present area at least, 20 and 4-21. in recognition of their value as "buffers" in " ;1 times of high rainfall

1 "I and also their crucial importance to fISh and plant communities.

:i "I Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 - 25

WahiTapu The dead are a link to the past Introduction and to the land. By protecting the urupa, the mana of the ancestors and their descendants In modern terms - in the Ngai is also remembered. T ahu rohe - the term wahl tapu refers to places held in reverence according to tribal custom and Knowledge of urupa is often history. Some wahl tapu are impor­ only retained by certain indi­ tant to the lwi, while others are viduals within an lwi. These important to individual hapu or individuals are not always will­ whanau. For example, Kaiapoi Pa ing to divulge the locations of is a wahi tapu of Tribal importance. urupa for fear of them being disturbed. The protection of urupa is discussed because of Wahi tapu in the Waitaha (Can­ their deep significance and terbury) region are places such as importance in Ngai Tahu cul­ section 88 on the Kaiapoi Maori ture. Reserve. Another category which comes under this term are those areas traditionally used by tohunga, for example, streams used during Urupa can have statutory pro­ waitohi ceremonies. tection under the following Acts:

1. The Historic Places Act, 1980;

Urupa 2. The Maori Affairs Act, 1953;

Of all wahi tapu the urupa is the most significant. They are impor­ 3. The T()fJ)n and Country Plan tant to Ngai Tahu as in these areas ning Act, 1977. lay the bones of celebrated ances­ tors who are gone but never forgot­ ten. However, the above Acts may "Our dead are v~ close to us. Th~ do not lie alone in be over-ridden in the Courts by that short space between other legislation, for example, death and burial. We stay' the Petroleum Act 1981. Because with them every minute ana talk and sing to them. When of this, urupa do not have the we have returned them to absolute protection that Ngai the earth we remember them Tahu require. ~ speech and song. Each tIme we meet one another after being ap~, we pause and weep agam, no matter Urupa should have the same how happ'ythe occasion for statutory protection afforded our meetmg".

Ngai Tahu Objectives & Policies page 4 -26

cemeteries, at least, in both the planners should allow for the estab­ rural and urban situation. We lishment of new urupa in the fu­ say 'at least', because we are ture. aware that Pakeha seem to be able to forget about their dead and when convenient just go Generally, urupa are unmarked ahead and bulldoze a cemetary burial sites and can be found to make way for some modem throughout the Canterbury Re­ project; for example the Bowen gional Council area. The term is Street Cemetary for the also used to describe present~ay Wellington motorway, or in cemeteries. Dunedin the Arthur Street playing field .. Urupa were usually first set aside We want the Canterbury on a family basis, that is people Regional Council to be quite were placed in areas where they had clear that such behaviour in a right to go. That right was based relation to any of our Maori on whakapapa and turangawaewae. cemeteries, officially recognised If such sites are accidentally uncov­ or not, would be entirely unac­ ered it is important that the local ceptable. We believe that we Ngai T ahu Runanga be contacted currently have the sympathy and that the connected families be and agreement of the Council in identified and notified before those this respect, but the matter must sites are altered or affected in any be mentioned as it may indicate way. This needs to be the shared a need for future clarification of duty of the local Runanga and the the law. Ngai Tahu Maori Trust Board. It is wrong that there should Maps relevant to these Silent Files be any rule of precedence of are to be found at 5-78 Appendix A. statutes in the courts which would legally permit any of our urupa to be desecrated. In that Ngai Tahu are concerned that respect, Ngai T ahu say that such their urupa are not disturbed and statutary or Court rules of for this reason have used silent files precedence, and so the statutes which cite the urupa in a general 10- themselves, are contrary to the cation. The "silent file" gives a Treaty and should not be ap­ general identification of a place plied in the courts. where an urupa or any other ·'... .,.",nr ... tant place is sited. Silent files are to The Canterbury Regional be used only by kaitiaki approved Council should maintain a by the Ngai T ahu Maori Trust register of all wahi tapu and Board and the families concerned. include them in District Plan­ ning Schemes. Urupa were often marked by ti­ kouka (Cordyline australis, Cab­ Besides actually identifying an bage Tree). In general, any which urupa in its scheme, the local au­ likely to disturb the ground near a thority should acknowledge the visible ti-kouka should be uneder­ importance of existing urupa taken with care in case an old whether known or not. Further,

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 - 27

is accidentally opened. On the other are. hand and affecting our listings here, because these marker ti-kouka have frequently died or have been re­ Urupa are a sensitive issue. moved over time, an exact location Ngai Tahu believe that in most is often now unclear. Therefore, if cases they should be strictly left an urupa is sited in a paddock then alone. that paddock will be identified but a In some instances it may be site-specific location within the desirable to re-inter the skeletal paddock cannot be given. remains, for example perhaps if It will be for the Regional Coun­ the site was known to contain cil to approach the Ngai Tahu only one ancestor and it is Maori Trust Board if the prescribed deemed by the Runanga and area is to be affected in any way. connected interests to be neces­ The Tribal Trust Board will be able sary to give way to develop­ to ensure the appropriate Runanga ment. In other cases, however, is involved (sometimes this will re­ this would be inappropriate. quire two or more Runanga to The uri (descendants) of the confer), and they can also decide tupapaku are the only people whether any non-Maori authorities who can make this decision, such as the Police or the Historic with assistance from Ngai Tahu Places Trust should also be in­ kaumatua. The methods used to formed. The Regional Council define the uri of the koiwi (llU­ should never try to 'go it alone' and man bones; also wheua) and should always seek the assistance of which uri have the right to the Ngai T ahu authorities at the decide what happens is a compli­ earliest possible time, whenever cated Tribal process. Therefore, bones, or taonga Maori such as our policy statements are: cloaks or other artefacts are uncov­ ered.

Policy The purpose of contact with the Ngai Tahu Maori Trust Board is to allow the descendants the opportu­ 1. That urupa must be given full statutory nity to recover, in a culturally ap­ protection and access propriate manner, bones that may to those sites must be be under threat. guaranteed.

Throughout the whole Ngai 2. That the Canter­ T ahu rohe there are many urupa bury Regional Council and it is impossible to identify all of should support moves them in the short time-frame avail­ to gain such protection, and should encourage able for this study. However, there others to acknowledge are a number of burial sites which and respect Ngai are important Tribally and which Tahu's position. need to be protected and left as they

3. That district

L Ngai Tahu Objectives & Policies page 4-28

schemes should provide side Maori Reserved land for urupa to be subdi­ they have been given a vided from larger lots. number and the general This is important as area bas been marked on many Ngai Tabu sites the relevant map in A~ have urupa on them. pendix A to Chapter S. Anyone proposing any change on or near one of 4. That urupa these sites should consult should be recognised as the Ngai Tabu Maori 1imt a predominant use on Board through the Re­ Maorl-owned ancestral gional Councn's lwi liai­ land. son OfIicer. The Ngai Tabu Maori Trust Board in tum can initiate contact with s. That urupa those people who have a should be recognised as direct interest in that par­ a predominant use in ticular site. All decisions any rural zone. will be made on a site by site basis. 6. That if wheua are uncovered on pri­ vately owned land then immediate contact must be made with the Ngai Tabu Maori Trust Board, and the local Papatipu Marae and Runanga Oocal repre­ sentative groups) for the internment in an appropriate Ngai Tabu urupa or cemetery, if that is the desire of the descendants.

7. That for wheua uncovered on Crown­ owned property, these remains be reinterred on site and fenced orr, after consultation with the Ngai Tabu Maori Trust Board. Free ac­ cess to these sites must be guaranteed.

8. A silent fIle will be kept on known bur­ ial sites by the Ngai Tahu Maori Trust Board. Where these sites are located out-

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 - 29

For these reasons it is impor­ Nga Wah; Taonga: tant to identify those areas that are culturally important to Ngai Tribally Treasured Areas T ahu. This is difficult because as the following lines indicate, Introduction Ngai Tahu can: This passage should be read in conjunction with that on Wahi "Find tongues in trees, Tapu. While treasured areas can also books in the running be correctly referred to as wahi brooks, sermons in stones, and good in eve­ tapu, the authors have chosen, for rything." the purposes of this report, to make a distinction between the two categones. This section develops the concept introduced above and Ngai T ahu Whanui have a per­ aims to expand on the Ngai so~al relationship with the land Tahu relationship with special which extends beyond mere occupa­ places in the landscape. tion. This relationship begins at birth with the placenta, like the land, being called whenua. Tradi­ The classes of sites that are tionally, when the child is born the covered are, in order: placenta is buried in the earth 1. Archaeological which expresses the belief that and Rock Art sites, in­ humankind originates from Papatu­ cluding a case study on anuku and returns to her. This is the lower Waitaki River; an example of an individual's close 2. Mountains and relationship with the land, and the Mountain Ranges; loss of land is the loss of self. 3. Fowling Trees, Historic Pa and Other Tribally, Ngai Tahu Whanui Sites; have a similar relationship with the 4. Tauranga Waka land. For example, when Ngai (canoe landing sites); Tahu turn to Aoraki (Mt Cook), in one sense they see him as an old 5. Buried Whakairo man - a relation. The same prin­ (important art and ciple applies to the whole of the pounamu). Southern Alps.

Ngai Tahu Objectives & Policies page 4 - 30

It should be noted that the sites listed are indicative only and should not be considered a compre­ hensive listing. Rather, it is an attempt to show the importance of these sites and express their signifi­ cance to Ngai Tahu Whanui.

ARCHAEOLOGICAL AND ~chaeologicalSftes ROCK ART SITES Ngai Tahu c~ncem with archaeologi­ Introduction cal sites extends beyond that of ancestral connection alone. They are also valuable sources of information on the activities Archaeological and rock art sites of their tupuna which those in the exist, not only as entities in their present world know little about. own right, but as part of a much larger Ngai Tahu identity. Logi­ cally extended, this relationship In the past, knowledge gained from ties these sites into a more general academic pursuits has been of great picture over both time and space. in shaping Ngai T ahu understanding of Some areas must be considered in their ancestors. This is particularly so light of the contribution they make with regard to the more mundane as­ to the greater picture, not merely pects of their lives which are not on the basis of their individual and so well defined in traditions. isolated attributes as historical, ar­ chaeological and rock art sites. In this respect, Ngai T ahu note the value of archaeological investigation, These taonga are very important although such undertakings are in Lll~"" to Ngai Tahu Whanui (the entire selves destructive of the sites. Because Ngai Tahu Tribe), as the study and the sites are destroyed, it is desirable

1 as much information as possible is , I analysis of them furthers the aca­ demic understanding of their gained in the process. tupuna and their world. Through scientific study the Tribe learn more of their tupuna, and there­ Each site must be considered on its fore, learn more of themselves. own merits. However, on the whole These sites and taonga are an inte­ there is little objection to the 10..,,".. " .... 1"111 gral part of Ngai T ahu. of archaeological sites, and depending the results, the subsequent use of the l~d - provided thatthe following na are met:

1 III

'I\ ,I 'j

Ngai Tahu Resource Management Strategy for the Canterbury Region page 4 - 31

full as soon as possible following excavation. Ngai Tabu is dissatis­ Policy fied with the amount of material which is removed from sites and 1. That all archaeologi­ then placed in storage cal sites of interest to Ngai awaiting future analy­ Tabu Whanui be given sis. This results in the fonnal protection, and that potential loss of infor­ the right to modify them mation, and of the shall remain solely with material itself, and of­ Ngai Tabu. ten such material, we believe, becomes ne­ glected by the investi­ 2. That the decision as gators in favour of to whether or not any such "fresh" material. site is excavated rests with the affected Runanga and the Tribe alone - in consul­ 7. That if the exca­ tation with family mem­ vation reports, either bers where appropriate - individually or collec­ and permission will be tively, suggest that granted for each site indi­ further investigation or vidually. All such decisions research is warranted, shall be at the sole discre­ then this should be tion of the affected indi­ undertaken, up to the viduals. professional or scien­ tific publication level if justified. The commit­ 3. That, consistent ment to complete the with the policies on uropa task must be evident as above, no burials should a pre-requisite be disturbed. Should for Ngai Tabu human remains be re­ approval. vealed, the excavation should stop immediately until approval for recom­ 8. T hat mencement is given by the strict aca­ Runanga concerned. demic and professional criteria and 4. That, with due def­ procedures erence to the Historic Places must be met. Act, Ngai Tabu retains the In this respect right to approve those who Ngai Tahu undertake the excavations and agree their criteria. request that consultants approved by s. That a site is to be the Runanga excavated in its entirety. and Trust Board be in­ volved, as 6. That all the mate­ several Ngai rial from the site must be Tahu may processed and analysed in qualify.

Ngai Tahu Objectives & Policies page 4 -32

9. That an excawt­ jug and subsequent turbed. Before any devel­ p~ing must be opment proceeck that could undertaken with the disturb rock art sites, the measure of cultural developer (or planning sensitivity that the sites authority if planning con­ merit, and that tikanga sents are required) shall Maori must be ob­ coosult with. the Ngai Tahu served. Maori Trust Board. Ngai Tabu retain the sole right to determbie which, if any, 10. In addition to the sites may be disturbed, and above points, Ngai consider that they are Tabu insist that all ar­ entitled to be told, if nec­ chaeological sites which essary in confidence, all reasonably may be planning and policy data expected to be affected that are needed to form a by any development ac­ reasoned determination. tivities are investigated. These activities include sites that are in the line 2. Before the Tn"be of, or nearby to any could state its position in road, working area, respect of any particular dumping site, stock­ major development affect­ piling areas and so on. ing rock art sites it would Such sites are as much require: a) a map of at risk as any site di­ all areas that will be af­ rectly affected by a de­ fected in the process of velopment proposal. development;

b) a comprehensive Rock Art Sites and factually informed picture of the distn"bution See the Case Study in the of sites. Arowhenua schedule, which appears in section 5 - 66. 3. To fulf"ill Ute needs of above paragraph, an extensive survey should be undertaken in order to pin­ Policy point all rock art sites p0- tentially to be affected by future development. This After investigating the would allow all parties to records covering the consider which develop- I area of this case study, ment option is preferable, ' Ngai Tabu have come in a balance of all the to the following con­ proper interests, on the clusions: basis of sound factual in­ formation. 1. Rock Art sites of exceptional traditional, spiritual or scientifIC in­ terest should not be dis-

NnAi Tahu Resource Management Strategy for the canterbury Region page 4 - 33

Mountains and Mountain Ranges The importance of geographical features to the tangata whenua has been outlined in some detail in earlier sections. The following case study attempts to highlight the significance of these features by concentrating on Aoraki (Mount Cook).

CASE STUDY; AQRAKI I stand alone Ka tahiau And gaze upon Kakiteaai Aoraki who stands I aAoraki paramount over all Etumaira You are lost, E ngaro ana koe bidden in the mists I roto i te kohu and heavy snows metehukarere

Alas, there you are Auera Aoraki, our mountain EAorangi who reigns supreme Te Maunga Ariki and whose tears Maringi ai SP.ill Oroimata intoPukaki Ki roto 0 Pukaki

Behold, there Katahi ra resounds the mighty Ka haruru mai waters of Pukaki as Ki te awa 0 Waitaki they thunder into the Ka ata titiro swirling pools of the Waitaki Ngamania to where I see the many T ekateka 0 Waitaha pastures of the Canterbury Plains

Mehemeaau Indeed, if I must Aoraki Katuohoai bow my head Me maunga teitei then let it be to a lofty mountain I~ Remain there, majestic Nohomairae Aoraki Kei te hoki ahau As I shall return to Ki teohonga humble.myself before you ag.un o te ra e-e-e On that bst day. (8)

Ngai Tahu Objectives & Policies page 4-34

In part, this song is a tribute Ngai Tahu presence in the South to Aoraki and to the significance Island. One of Ngai Tahu's crea­ he holds to his people, Ngai tion stories involving Aoraki, and Tahu. The song reveals how accounting for some major geologi­ Lake Pukaki is fed by the tears cal and geographical features of T e of Aoraki which in turn flow Waipounamu, is in brief as follows: into the Waitaki River and Aoraki was the son of finally nourish the Canterbury Rakinui,. the. sky father. Plains and the Ngai Tahu living AlonE WIth his brotherS he there. It is because of Aoraki's left die heavens in a canoe to visit their step-mother, natural importance as well as his Papatuanuku, or Mother celestial significance to the tribe Earth. They explored the ~hat the composer concludes Earth and tbe Seas, sailing their powerful waka with a version of the Ngai Tahu through the dark, empD' whakatauki: southern oceans. Shortly after this Aoraki and his Kia tuohu koe brothers became h~ and began fishing. They were unsuccessful and as a result decided to return to the heavens, to go back to the domain of their father Rakinui. Aoraki started the k~aJmcantation) needed H you must bow your hC21 to la their massIVe waka into space, free of the Earth's Then let it be to a lohy surface, to take them back. mountain But his courage wavered momentarily as he was dis­ To Aoraki alone tracted by the fearful cries of his crew, and he faltered at a crucial stage before com­ Much of this report has dealt pleting the earth s~aration with resources primarily in a karakia. He whati, he aitua ano. To the Maori such a functional manner. However, mistake or break in a seri­ Aoraki is extremely important ous karakia signals a mis­ to Ngai T ahu Whanui for an­ fortune, an inevitable disas­ ter. The waka had beguI! its other reason. He is the centre­ sep'aration into s'p~e but point for the Ngai T ahu crea­ owy the bow had lifted, the tion stories and he explains the mam body and Murihiku (the stern) remained fmnly

Ngai Tahu Resource Management Strategy for the canterbury Region page 4 - 35

held by' the cold dark ocean. Aoraki and his brothers thus be­ As the karakia stumbled into came the first mountains in error, theupwardflightlost momentum and die bow New Zealand. (It will be remem­ and forward part of the waka bered of course that Aotearoa, crashed baCK to the surface. the North Island of New Zea­ Thus the p'row of the waka was smashed into many land, came into existence very f~ments, which you can much later, when the explorer still see as the many' islands Maui fished it up from the and ~ sounds ana fissures at the north of the South depths of the sea, while standing Island. That n:~gion today': is on the Waka-o-Maui (another known as Te Tau Ihu 0 Te later name for the South Island), Waka (but the northern tribes now living there at­ at a place now known as Te tribute the canoe to Maui, Taumata-a-Maui in the Bank's not Aoraki who was much Peninsula region.) more ancient.) Returning to the ancient }Uierthis crash landiog the times of Aoraki and the creation great canoe overturned and story of T e Waipounamu, for a Aoraki and his brothers were forced to climb on to long time after the aitua i runga the back of it to avoid o Aoraki (disastrous petrifica­ drowning. They were tion of the waka and of Aoraki stranded m the ocean with no way to return home and and his crew), there was only a eventually the broken kar­ stark rocky landscape utterly akia caused the canoe and devoid of life, and of fresh water all of the crew to be turned into stone. The bodies of and other features required for Aoraki and his brothers, all life to become established. of them great chiefs in their Because of the aroha (pity) of own ~t,were ~ed into mountains, formin~ the the beings who became the gods Southern Alps so famous of Kati Wait aha, Kati Mamoe t~,with Aoraki being the and Kai T ahu, the heavenly higHest. realm again intervened. And so there were many other events It Was this canoe which became related by Ngai Tahu traditions the South Island (one old Maori involving visits by other Atua tlaIne for which is T e Waka 0 (gods) and their energetic feats AOraki, The Canoe of Aoraki) and transforming the landscape and

Ngai Tahu Objectives & Policies page 4-36

introducing various forms of life so that the fate of their sacred In a modem context, Aoraki has relatives of the original crew become the unifying symbol of would no longer be barren. Ngai Tahu Whanui and is the one We do not need to relate all paramount image which signifies these traditional stories here, the Tribe as a whole. In earlier except to say that the events times, Ngai T ahu consisted of many which took place later by cour­ more loosely affiliated hapu and tesy of the gods and of Rakinui whanau, who often shifted loyalties and Papatuanuku made the and even fought amongst them­ petrified canoe of Aoraki into a selves. However, over time Ngai beautiful and habitable place for T ahu Hapu throughout their large ordinary human beings (Tangata territory began instead to bind Maori). However, this story themselves together at a higher level shows the central role of Aoraki and identify as an Iwi unified on a in the Ngai Tahu creation sto­ "national" basis. ries, and the part he therefore plays in maintaining their Just as Aoraki is a taonga of Ngai unique identity. Modem Ngai T ahu Whanui, so too are the other T ahu regard Aoraki as a sacred mountains standing on T e Waka 0 mountain, and they know many Aoraki. Pakeha also share that regard.

Mountains associated with As Aoraki represents the be­ Aoraki also serve as memory maps ginning of human presence on to the many Ngai T ahu trails \AI'"W'_ the South Island, he is also the spread across T e Waipounamu. last place referred to by some They were also the distant locators Ngai Tahu families in the used by fishermen when they were takiaue (tangihanga, or funereal sailing to their tauranga hi ika services) as they send the spirits (fishing grounds) far out to sea. of their dead away on their last Much traditional evidence of these journey, to pause and get their major and regularly repeated bearings, and to look back tions at sea, as well as the ~ ...... ",,~... <>C!J_ towards us for the last time to inland across difficult tramping acknowledge our crying for country, was given in some detail them, and then to journey back to Hawaiki, the homeland of all the W aitangi Tribunal hearing Maori. Aoraki in this instance Claim Wai-27 (Te Kereme). becomes the first stepping stone from which the soul departs All of these natural features finally from the world of the great importance to Ngai T ahu living, leaping off from the last Whanui and must be protected step at T e Rerenga Wairua in the from both physical and spiritual far north at Cape T e Reinga. desecration. Ngai T ahu will a1 (9) maintain that they alone own histories to Tribal taonga, . for example, Aoraki and the Moeraki Boulders.

Ngal Tahu Resource Management Strategy for the Canterbury Region page 4-37

Pollcy

In order to avoid citing these 1. That any interpre­ locations exactly, and therefore tation of Ngai Tabu histo­ risk disturbance to these sites by ries for either publlc or w commercial reasons must Wcurio hunters , they have been be approved by the appro­ listed as Silent Files. priate Rnnanga and its members and beneficiar­ ies. ~ pollcy includes identirlCltion of traditional place-names. Ngai Tahu History, Culture and Whakapapa 2. Any development which physically impacts on these taonga must have There are a number of organi­ the approval of the appro­ sations who appoint researchers priate Runanga and the to write the local histories of Tribe before proceeding. their regions. Because Ngai T ahu histories are so complex it is essential tthat the Ngai Tahu Tauranga Waka Maori Trust Board be ap­ proached when organisations require information. Tauranga waka are places where Ngai Tahu beached their canoes. The detailed historic and Ngai T ahu have a number of his­ traditional evidence of Maori in torical tauranga waka that are the South Island which has been culturally important to them, and put before the Waitangi T ribu­ these can be found throughout the nal is now available in the Can­ South Island. terbury Public Library and the Canterbury University Library. Without question this is the best The importance of these tauranga record of South island Maori waka to Ngai Tahu is similar to the from pre-history to the present significance of, say, Cook's Cove in time. It is the work of four Queen Charlotte Sound where Cap­ professional historians and two tain Cook anchored the Endeavour, anthropologists, assisted by as seen by the Pakeha. Ngai Tahu university graduates and our supporting lawyers, and based on information obtained from expert Ngai T ahu sources Buried Whakairo as well as the extensive literature and records on Ngai Tahu written by Pakeha officials or Ngai T ahu have a number of experts over the past 200 years. places where Tribal taonga in the fonn of carvings or pounamu are Even so the record is far from buried. perfect, and in particular it omits a large amount of Ngai

Ngai Tahu Objectives & Policies page 4 - 38

T ahu traditional knowledge priate Runanga and its T ahu T ahu traditional knowl­ beneficiaries. This policy edge which was considered not includes identification of necessarily directly relevant to traditional place-names. the case put before the Waitangi Tribunal. Also some relevant 2. That only that work material was omitted just be­ done by consultants cause of lack of time or sheer approved by the Ngai Tabu exhaustion amongst the small Maori Trust Board and team of people struggling to the appropriate Runanga keep up to the very demanding will be acceptable to Ngai timetable of public hearings set Tabu. by the Tribunal to deal with this very complex Claim.

However, most such difficul­ Notes ties were overcome by the Tribal authorities and scholars assisting the Tribunal, and the 1. NZTPA 1987: 76. huge body of material now in the official Record of Docu­ 2. The Ngai Tahu Claim, Wai 27, ments for the Claim forms Document J10. undoubtedly the most extensive account of Ngai T ahu history, and the struggle of the Tribe to 3. Personal comm: R.Bell. survive against overwhelming odds, that is likely to be seen for 4. Cowan 1987, p.105; Beattie a long time. 1939, pp.86-87.

5. Te Rapuwai were an early Ngai T ahu can take no re­ small Tribe resident in Te sponsibility for any material Waipounamu, prior to the Ngati written by people that have not Mamoe and Ngai Tahu occupations. been approved by the Ngai T ahu Maori Trust Board and the 6. Ashley River Mouth Stability: affected Runanga, and will not Issues and Options, North Canter­ be bound by such work. bury Catchment Board and Regional Water Board, 1986.

7. AJHR, 1891 G-7: 47-48.

I Policy 8. This song was composed in the I , early 1970s by a Ngai Tahu tau a (grandmother or an elder aunt) for 1. That any inter­ her niece who was leaving to live in pretation of Ngai Tabu Auckland. histories for either public or commercial 9. Te Waka 0 Aoraki, personal reasons must be ap­ communications Dr Maarire Goodall, proved by the appro- Rima Te Aotukia Bell and others.

Ngai Tahu Resource Management Strategy for the Canterbury Region ,'I page 5-1

MAORI RESERVED LAND" & CASE STUDIES ..J

In this Chapter we provide a is accompanied by basic data about detailed schedule of Maori reserve its reserve, block, and where lands, and some exemplary case appropriate, section number. A studies. Maori Reserve is identified by the letters MR, followed by that particular reserve's number. Areas Methodology are given in hectares or acres wherever the data is available, This section follows the general together with the date of the most layout established in the Policy recent aerial survey (where avail­ Section given earlier, and as far as able the metric measures are used). possible conforms to the follow­ The records of Maori Reserves ing format: are held in the Maori Land Court, where they can be searched by the public in the same way as general GEOGRAPHICAL REGION land is searched in the District Land Registry Office. The Christ­ church Maori Land Court holds Reserves the records for the entire Canter­ Fishing Easements bury region and can be found in the Government Departments sec­ Mahinga Kai tion of the telephone book, under Urupa Justice. Maps Where silent files have been used, a map showing the general location of that site is given in Case Studies and specific poli­ Appendix A. All sites registered cies have been included at appro­ (so far) with the Historic Places priate places throughout the text. T rust are mapped in Appendix B, and schedules in Appendix C record details for each site. It must The policy statements, in a not be assumed that any site not yet general form, are all included in registered will not be subject to the the Policy Section, and all rele­ Trust's legislation. The study and vant policies should be considered registration of historic and tradi­ when evaluating a particular site. tional sites well known to the T angata Whenua is an ongoing process that is far from complete Each area mentioned in the text at present.

Maori Reserve Land & Case Studies Introduction KAIAPOI

The reserves mentioned within this part of the report lie within Reserves the boundaries of the Canterbury Regional Council. These reserves CASE STUDY: were included in the sale of vari­ ous blocks of land to the Crown, KAIAPOI MAORI RESERVE 873 usually against Ngai Tahu wishes. The Tribe sought to have lands set "... reserves aside from each of these sales for Maori Reserve 873, were included their own use. However, the Block ix, Rangiora SO. in the sale of Crown insisted on buying all Area: 2,640 acres various blocks lands and promised that it would later create reserves for Ngai T ahu. of land to the For present purposes those re­ Crown, usually serves were "granted" by the Description against Ngai Government in 1848 and by the Tahu wishes. " Native Land Court in 1868, 1880 and 1887. While the legal description for this area is the Kaiapoi Maori Reserve, it is widely known as Ngai Tahu have constantly Tuahiwi after the principal settle­ claimed that the reserves were ment within it. The name always and are still inadequate. In Tuahiwi, properly Te Tuahiwi, the remarks made by the Deputy literally means 'the back ridge'. Chairman of the Waitangi T ribu- . nal at the end of the Ngai T ahu Claim, Wai 27 on the Tribunal's Traditionally, Tuahiwi was a register, it was made clear that the mahinga kai outpost of the Tribunal considers Ngai Tahu Kaiapoi Pa. It was primarily an claims in this regard to be highly area of gardens and was guarded justified. by a number of local whanau. (46) The first reserve dealt with is "... [Waitangij the Kaiapoi Maori Reserve. It is Kaiapoi Maori Reserve 873 Tribunal treated as a case study because it is considers Ngai the largest reserve in the South Tahu claims in Island, and one in which many This reserve was set aside in this regard to Ngai Tahu have an interest. 1848 following the signing of the be highly Kaiapoi exemplifies the issues Canterbury Purchase (Kemp's justified. " which have affected all other Ngai Deed). Following Kemp's visit, T ahu reserves. Walter Mantell, the Land Pur­ chase Commissioner, was in­ structed by Lieutenant-Governor Eyre to finalise the negotiations entered into by Kemp and Ngai Tahu. Mantell's principal task

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 3 was to set aside ample reserves for Ngai Tabu, for both their present and future needs.

Mantell considered 10 acres per person was ample to live on but the Native Land Court later added an additional 4 acres. As a result, the reserve amounted to 2,640 acres. It should be noted that 50 acres per head was considered to be the bare minimum for Europe­ ans at that time. Kaiapoi monument not afford to work the land. Of As a result of pressure, Gover­ this practise Buller noted: nor Gore Browne approved the "The propriety of giving sub-division of the Kaiapoi Re­ power to lease to Europe­ " results of serve into individual titles in 1860. ans admits serious doubt. individualisation Common experience sug­ This was the first model experi­ of title were ment in the individualisation of gests the dallger of open­ mg thereby a way for the disastrous. " Maori land in New Zealand. All inroad of a class whose other Reserves in the Canterbury influence far from promot­ region were soon to follow the ing the welfare of the Natives, would rather tend Kaiapoi example. to demoralize and degrade them, and thus deflect the primary design of this scheme." Despite what the Kaiapoi chiefs (1) were encouraged to believe, the Taituha Hape, a Ngai Tabu "... Ngai Tahu results of individualisation of title kaumatua, explained to the 1891 were severely were disastrous. Married women Commission how the practise of disadvantaged - and children did not receive any leasing trapped the people in a both socially land allocations, and the granting cycle of poverty: and of separate titles opened the way for the accelerated alienation of "The 14 acre farms at economically. " Maori-owned land. The Govern­ KaiilPoi were all the people had to live on. The sup­ ment had achieved its objectives. plementary land belong­ By the late 1800s the Kaiapoi Ngai mg to them was compara­ T ahu were severely disadvantaged tively useless. The rents of· the Kaiapoi lands in - both socially and economically. most cases had been drawn for several years in advance. The areas owned by the With the subdivision of the people were too small to crop. Debts were con­ Kaiapoi Reserve, alienation tracted, and tradesmen quickly followed. Many Ngai were urgent for payment; "... they have Tabu were forced to lease their tbfs drove people to ob­ tam money m advance on nothing left to sections, often for less than their their rents, and the result live on. II market value, because they could is that they have nothing left to live on."

Maori Reserve Land & Case Studies page 5 - 4

The unwelcome result of trans­ One of the few options left ferring Maori land into individual open to these people to pay their title was multiple ownership of debts was to sell the land, which land. By the turn of the century many did. ownership had come to mean unpaid rates and numerous own­ In the 1950s, many Ngai Tahu ers, which in turn meant that the migrated into the urban areas and land became uneconomic. Mul­ in Canterbury, Ngai T ahu from tiple owned land and the resulting traditional kainga moved to problems were created by Govern­ Christchurch. This rural to urban ment actions. Successive Land drift of Maori was part of an Acts have made the matter worse overall pattern being experienced and have usually hastened the throughout New Zealand. alienation of Maori land. Sewell, a southern Member of Parliament, said that the purpose of the 1865 Reasons for the urban drift are Native Land Act was: many. Personal desire to leave an " ... to destroy, if it were economically stagnant kainga in possible, ~he principle of the hope of finding a better future communism ... !f0n beyond the reservation was one which their [Maori so- cial system was bas .". reason. Often the employment (3) opportunities were in the urban areas. Also, the loss of land through Government alienation The preamble to the 1865 Land policies led to families having to Act stated its objective was to: leave the "Pa". ... encourage the extinc­ "... the 1865 tion of [native] propriety Land Act ,. customs", (4) objective was to By the early 1980s a significant , .. encourage portion of land had passed out of the extinction of Maori ownership and it was esti­ By 1907 the Stout-Ngata Com- [native] mated in 1981 that approximately mission on Native Land stated: one third only of the Kaiapoi propriety "It is difficult for a Euro­ N Reserve remained in Maori owner­ customs • pean settler to acquire ship. Maori land owing to complications of tit1e, it is still more difficult for a Tuahiwi, as with all Ngai Tahu Maori owner to acquire his own land .... His en­ kainga, was a reserve that con­ ergy is dissipated in the sisted of too little land. One Land Courts in a pro­ hundred years after the reserve tracted struggle, first to establish his own right to was " grant ed" ,th ere was not it] and secondly' to detach enough land to provide an eco­ himself from the numer­ nomic base for a community ous other owners to whom ~e is geI;leal<;>pically bound which had, by that time, grown ill the title. much larger.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 5

In practice this meant that the The problem of unpaid rates is land was meant only for farming, an unfair burden on Maori land­ afforestation, market gardening owners. Usually for a multiple and plant nurseries, apart from owned section any identifiable some factory farming and the shareholder is rated. Ngai Tabu housing or keeping of any animals maintain that the Crown should other than in a paddock. Dwell­ be responsible for finding the ings could only be built as an owners of multiple owned land so accessory to these 'economic farm units' . that each individual owner can be made responsible for his or her (6) proportionate share of rates and other charges.

This may seem pedantic but Ngai Tabu have lost too much land, time and energy, dealing with a problem not of their own making. The other major prob­ lem associated with multiple owned land is to do with build­ ing. This is discussed in more detail in the Rapaki section, 5.27.

By the late 1970s, the local Runanga became concerned that their reserve was slowly being alienated.

This meant that Ngai T ahu who There was a problem, however, wanted to build in Tuaruwi could in rebuilding on Tuaruwi land not do so if they did not meet the because of the zoning policy above requirements. In 1978 a /I for us and under the Town and Country meeting was called at the Tuaruwi our children Planning Act, 1953. The Tuaruwi marae where Ngai Tuahuriri met after us ... " land was classified as Rural A, the with the Rangiora County Coun­ classification which covered the cil. The Ngai Tuahuriri Runanga rural land within the Kaiapoi, presented their argument, stating Rangiora, and W oodend regions. that the 1848 Canterbury Purchase The purpose of this zoning was (Kemp's Deed) provided that: to: ce ... our [Ngai Tahu] places "... retain the land sur­ of residence and our culti­ rounding the main urban vations are to be reserved centres for farming p'ur­ for us and our children after us... " . poses and a small number (7) of other residential uses " However, the zoning policies of the County Council disallowed

Maori Reserve land & Case Studies page 5 - 6

this. Mer a number of subse­ in the Kaiapoi district - as it rec­ quent negotiations, an agreement ords the name of an older Ngai was reached which allowed the Tahu Pa in the Nonh Ishmd. The building of houses on the Kaiapoi main food taken here was eel. Maori Reserve. This occurred because the Rangiora District Council and their planners dis­ In 1886 the Native Land Court cussed the historical background granted Pakiaka to six claimants. of the Reserve with the local Tuahiwi land-owners and reached an agreement giving effect to the Silent file: 011 original intention of the reserved Map 5.78 A land.

Tuahiwi is now classed as a Rural D Zone (Tuahiwi Commu­ PIKI Tu ROA nity Zone). This means that the Rangiora County Council recog­ Section 88b. nises the traditional and cultural interests that Ngai Tuahuriri has in its ancestral land and permits Silent file: 012 the descendants of the original Map 5.78 A grantees to occupy the land and build residences as was intended by the original Crown grant.

WAITUERE Within the Kaiapoi Maori Reserve there are several culturally Maori Reserve: important and historical sites. Section 2 Those sites are listed as follows: Description

Waituere is sited on the banks PAKIAKA of the Ruataniwha (Cam River). Within this site is an urupa which is now unfenced and unmarked. Maori Reserve: "... culturally Section 543-544. This place also has other signifi­ cant cultural associations. important and Area: 10 acres historical sites" Description Ownership is vested in Trustees nominated by the Ngai Tuahuriri Runanga. This was formerly an outpost mahinga kai of Kaiapoi Pa and was known as T otaranui. Pakiaka was Maori Reserve: Section 34 - 35 the name given to it by Ngai Tahu when they established themselves

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 7

Area: 1 rood 25 perches the Ngai Tuahuriri Runanga.

Description " most Ngai This section is located adjacent Tahu .. gifted to the Tuahiwi Marae (sections 32 TUAHIWI SCHOOL land to the and 33). Government so Section 91 a. that school buildings could· In 1981 it was in danger of Area: 20 acres being vested in the Rangiora be erected. " County because the rates were not being paid. The owners decided that the best solution was to set Description the section aside as an ancillary to the Tuahiwi Marae. The site where the Tuahiwi School now sits was part of the As a result, the section was site set aside by the Kaiapoi Ngai vested in the Runanga in 1984. T ahu for a Church and a school which were to be run by the Anglican Church. This site (sec­ tion 91) was given for these pur­ poses in 1859. However, for a whole host of bureaucratic rea­ TE TUAHIWI MARAE sons, the Tuahiwi School did not start up until 1865. In 1870 the school was razed by fire. Sections 32 & 33. (8) Area: Under the Kaiapoi Native Section 32: 1 rood 23 perches Section 33: 1 rood 23 perches Industrial School Grant Act, 1870, the land passed into the ownership of the Government which set aside 16 acres for the Anglican Description Church and 4 acres for the Tuahiwi Native School. The section where the Tuahiwi School The Tuahiwi marae is sited on now sits is section 91a. two sections of land gifted by the original owners to the Ngai Tua­ huriri Hapu for the purposes of a On most Ngai Tahu occupation marae. reserves some families gifted land to the Government so that school buildings could be erected. Gener­ In 1980, sections 32 and 33 were ally, Ngai Tahu also did a large re-gazetted as Maori Reserves amount of fund raising to pur­ under Section 439 of the Maori chase the timber for these schools. Affairs Act, 1953. The land is However, the land was given only vested in Trustees nominated by for the purpose of maintaining a

Maori Reserve Land & Case Studies page 5 - 8

school site and if the school should close, then Ngai Tahu Ownership was determined by considered that the land would the Court in 1887 and today the return to the original owners. land is vested with Trustees who Often this has not occurred and lease the lands to local farmers. the Education Board has some­ times tried to sell the land in ignorance.

OXFORD

Policy There are a number of parcels of land in the Oxford district, spe­ 1. If any land is no longer required for its cifically: original purpose then the Maori Reserve 2034, Block v land is to be returned to Maori Reserve 2035, Block !)! the original owners or the Maori Reserve 2036, Block III Runanga concerned. Maori Reserves 2037 & 2038 Block vii.

Area: The area was sur- veyed in 1878; OROHAKI MR 2034 18 acres 2 roods 18 perches Maori Reserve 893-894, Block xiii/xiv, MR 2035 Mt Thomas SD. 13 acres 2 roods 12 perches Area: In 1880; MR 2036 108 acres MR 893 was surveyed to 213 acres 2 roods 18 perches MR 2037 14 acres 3 roods 37 perches MR 894 was surveyed to 363 acres 0 roods 6 perches MR 2038 314 acres

Description Description

In its modern context Orohaki This land in the Oxford district refers to those Maori Reserves has been farmed, mainly by sited beneath Birch Hill in the Pakeha farmers, since it was Mount Thomas district. surveyed. Reserves 2034, 2035, 2036 and 2037 are in general title today. Orohaki was one of the Ngai Tahu mahinga kai, specifically used to catch kiore (bush rat). It MR 2038 has been subject to a was also part of the Kaiapoi food whole host of partitions. Today gathering network.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 9 only about 113 acres remains as Maori land. This reserve is other­ wise known as Mairaki or Starva­ tion Hill. This was formerly an Description area where ti kouka was cultivated " and worked by the Kaiapoi Ngai an area Tahu. Kaikanui is an old Ngai T ahu where ti kouka kainga nohoanga (established was cultivated" village area of occupation) which There are urupa in this area but is sited near the Waimakariri a site-specific location cannot be River. As with all occupational made today. sites, this area was sited to give access to the mabinga kai within the area. It was traditionally an TAWERA outpost of the Kaiapoi Pa.

T awera includes three Maori This reserve was surveyed in reserves in its district. They are: 1848 by Walter Mantell, who gave the area as 5 acres. However, in 1898 it was properly surveyed and MR 893, Blocks viii & ix MR 2061, Block iii the area was declared to be 4 acres RS 18776, Block vii. 1 rood.

Description In 1969 this reserve was sold by the Maori Trustee. MR 893 has been farmed by the Dawson family who are part­ owners in this reserve. The other "... kainga two Reserves are vested with the PUHARAKEKENUI nohoanga ... Maori Trustee who lease the [were] sited to sections. give access to Maori Reserve 892. the mahinga kai Area: 72 acres within the area. " Description KAIKANUI

This was a Crown grant made Maori Reserve 877, in 1868. However, this was not Block xv, Rangiora SO. part of the reserve allocations made by the Native Land Court in Area: The area surveyed in 1898 was 4 acres 1 rood the same year. Rather, it was a Crown grant to the owners of the Kaikanui Reserve.

Although this reserve was requested as a 'fishery station', it

Maori Reserve Land & Case Studies page 5 -10

was separated from the river­ part of the Ngai Tahu mabinga mouth of the Waimakariri by a kai network. one chain reserve.

It was reserved as a fishing The area surveyed in 1868 was easement by the Native Land stated as being 72 acres . Court in 1868 and ownership was (9) determined by that Court in 1886. The Court recognised the original There are urupa either near or 116 original owners of the Kaiapoi on this reserve, but a site-specific Reserve and their issue as the location cannot now be made. owners. Ngai Tahu policies on urupa are (10) outlined in the preceding section, at 4 - 20 (#2), and 4 - 27 to 4 - 28. In 1971 the Ngai Tuahuriri Runanga recommended to the Maori Land Court that Waimaiaia be set aside as a Maori Reserva­ Fishing Easements tion. The purpose of the Reserva­ tion was to be a place of recrea­ tion and use for the Ngai Tahu WAIMAIAIA living in the Tuahiwi-Kaiapoi district. The Court also appoints Trustees on the nomination of the Maori Reserve 899, Ngai Tuahuriri Runanga. Block viii Teviotdale SO (11) Area: 4.3503 hectares

Description TOROTOROA Tuahiwi, St Stephens Traditionally, Waimaiaia was Maori Reserve 895, Block ix Teviotdale SO. Area: 14.1640 hectares

Description

As with Waimaiaia, T orotoroa was gazetted as a Native Reserve in 1868 by the Native Land Court. The area at that time was 26 acres. It was supposed to have been 20 acres in the original survey but the area increased due to drainage.

Ngai Tahu Resource Management Strategy for the Canterbury Region

'tn' page 5 -11

(canoe landing site) of the Kaiapoi By 1879 the lagoon had become Pa, within the estuary of the "... By useless because of the continuing Rakahuri (Ashley River). 1879 drainage operations of local farm­ the lagoon had ers and so, in 1880, the Kaiapoi become useless Its main foods were two types Ngai Tahu lodged a petition to because of the of cockle, pipi, eels of various have the bed of the lagoon granted continuing types, tuatua (Amphidesma subtri­ to them. The Court consented to angulatum, a bivalve mollusc) and drainage this and under the 1877 Native fish. Harakeke was also taken operations " Land Act another reserve was from the area and it was used as a added, known as Maori Reserve dressing for wounds. 2557. This added a further 9 acres, increasing the Reserve area to 35 acres. T e Akaaka was granted by the (12) Native Land Court in 1868. It is Ownership of MR 895 was sited at the mouth of the Ashley determined in 1887 by the Native River. Land Court. The Court listed 108 In 1880 an addition was made to Ngai T ahu who were origin~ly ~n this reserve by joining another 13 the Kaiapoi Reserve and theIr un acres (Maori Reserve MR 2486) on (descendants). to it. The reason for this was that the Kaiapoi Ngai Tahu peti­ tioned Government over the Ownership of MR 2557 re­ destruction of their mahinga kai at mained uncertain until 1970 when the mouth of the Ashley River. the reserve, along with MR 895, However, on the survey in 1883 it was vested in Trustees nominated was discovered that MR 2486 had by the Ngai Tuahuriri Runanga. also been eroded and that only 3 The land was to be leased and/or acres 3 roods could be given. afforested and the proceeds were Also, MR 896 had been further "... Ngai Tahu to go towards the upkeep of the eroded and in 1890 the area came Tuahiwi Hall and Cemetery. petitioned to only 6 acres 1 rood instead of Government the original 10 acres. over the (13,14) destruction of Ownership of MR 896 was TE AKAAKA their mahinga determined in 1887 by the Native kai II Land Court. The owners num­ Maori Reserve 896, bered 116 and were the original Block viii Rangiora SD. owners of the Kaiapoi Reserve and their successors. MR 2486 re- Area: 4.0468 hectares mained in Crown ownership unti11970 when the Court awarded the land to the same Description people as MR 896. Later in 1971, the Court appointed the Trustees to T e Akaaka, after they had been Te Akaaka was an outpost nominated by the Ngai Tuahuriri mahinga kai and tauranga waka Runanga. The Trustees had the power to lease the land and any

Maori Reserve Land & Case Studies page 5 -1~

proceeds were to go to the upkeep The owners were those listed in of the Tuahiwi Marae. the Kaiapoi Reservation, and the Reserve is vested in trustees nomi­ nated by the Ngai Tuahuriri In 1979 the area had altered yet Runanga and a member appointed again, leaving dry land near MR by the Ngai Tahu Maori Trust 896 which was vested in the North Board. Canterbury Catchment Board. This was changed and a new T aerutu is also an urupa and survey in 1981 showed 10 acres as wahi tapu of the Ngai Tahu. being part of MR 896. Silent File: 014, Map 5.78 A /I.•. wereh a (15) significant ancestor lies. " Besides being a mahinga kai, there is also an urupa in the area, MAHINGAKAI where a significant ancestor lies.

WAIPARA AND KOWAl RIVERS TAERUTU The Waipara and Kowai Rivers meet alongside the Amberley Maori Reserve 898, Beach. These two rivers need to Block viii, Rangiora SO. be considered together as the coastal area between them was a Area: 4.8562 hectares large mahinga kai resource.

Description The first river is properly known as the Kowhai River, as This area was previously a the name recalls the native tree swamp. As with Tutaepatu, a (Sophora microphylla). Waipara portion of it was used by the local is a reference to a fish caught in Ngai Tahu as a mahinga kai. the rivers. Both rivers were used T aerutu properly refers to a la­ to catch eel, and raupo and har­ goon sited near the Kaiapoi Pa. akeke were collected from the sur­ Before the area was drained the rounding area. lagoon covered the outer part of At the mouth of the Waipara the Pa site and provided canoe River is the Waimaiaia Reserve access. Eels were taken from it as (MR 899). Next to this reserve is well as various types of freshwater a lagoon which was used to catch and coastal shellfish. both fish and water-fowl.

In 1868 the Native Land Court Today the lagoon is at times granted a 15 acre fishing easement covered with a yellow substance near the lagoon (MR 898). How­ which sits around the lakes edges. ever, in 1890 the area surveyed was This appears to be caused by farm only 12 acres. (Wai-27, #P 10) run-off and the uncontrolled use (40) of agricultural chemicals.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 -13

RAKAHURI

(ASHLEY RIVER) Ashley River, The Ashley River has long been Kaiapoi a source of mahinga kai for the Kaiapoi Ngai Tahu. The most important place of taking food was at the mouth of the river, known as T e Akaaka, where pipi and cockles had been seeded. ditionally camped on the Taranaki There are also a number of mah­ to catch the fish. They used to set " inga kai along the river. up make-shift huts on the banks of tributaries are the Taranaki, but in 1987 the (16) important as Rangiora County Council passed a breeding The Ashley is fed by the by-law which stopped the erection habitats for Okuku (which runs from (Mount) of temporary buildings in the area. inanga, Karetu), the Makirikiri and Salt­ This in effect forced a number of waikoura, eels Water Creek - all of which lead to Ngai T ahu to abandon their cus­ T e Akaaka Island at the mouth. tomary food gathering activities. and other fish species. They also sustain The lower tributaries are im­ Ngai Tahu maintain that the by­ several species portant as breeding habitats for law contradicts the guarantees of of wateifowl. " inanga, waikoura, eels and other Article Two of the Treaty of fish species. They also sustain Waitangi and the guarantees set several species of waterfowl. out in Kemp's Deed, both of Various types of freshwater shell­ which promised to retain all the fish were taken from the river, mahinga kai of Ngai T ahu for the but this local resource has now Tribe. largely disappeared.

As well as the actual river, the One reason for the depletion of nearby tributaries and lagoons are these mahinga kai is the decline in also important sources of food. water quality. This in turn is due The two lagoons connected with to farm run-off, waste discharge Rakahuri are known as Taerutu from dairy farms and the dis­ and Tutaepatu. charge from the Canterbury Timber Products Plant at Salt Water Creek. Recent Negotiations

The most important mahinga In 1986 an Officer from the kai in a modern context on the Department of Lands and Survey Ashley River is the Taranaki, a met with representatives from the tributary near the Taranaki flood­ N gai Tuahuriri Runanga. The gate. During the whitebait sea­ intention of the meeting was to son, Kaiapoi Ngai Tahu have tra- provide information about Maori

Maori Reserve Land & Case Studies page 5 -14

use of the estuary. A number of water fIsh. concerns were expressed, includ­ " a by-law mg: which .. in effect forced a 1. The decline in the water TUTAEPATU number of Ngai quality caused by discharge from Tahu to the Canterbury Timber Products plant. Both the physical and Wildlife Reserve 40464 •. abandon their Block xii, Rangiora District. customary food spiritual aspects of the poor water gathering quality were discussed. Area: 49.2357 hectares activities. " 2. The reduction in the white­ bait spawning habitat due to the Description land use practises of the local farmers. Tutaepatu is the name of the Ngai T ahu lagoon sited near Ngai Tahu policy statements W oodend Beach. It is fed by the on general principles of Mahinga Ashley River through a number Kai and riverine or coastal fishing of creeks. resources are: Eels were the principal fish Policy taken from this lagoon, either by netting or spearing, and eel con­ 1. That the quality tinued to be an important source and quantity of water in of food for the Tuahiwi Commu­ all waterways be im­ nity up until the early 1970s. proved to the point where Annual eel-catching competitions it supports those fIsh and have been a regular event since the plant populations that mid-1800s. were sourced from them in the past. This mah­ inga kai must be fIt for human consumption. In 1973 the Internal Affairs Department declared Tutaepatu a Wildlife Reserve. They saw the 2. That local Ngai eel as a threat to the bird popula­ Tuahurlri Ngai Tahu be tions and advertised for a commer­ allowed to establish tem­ cial fisherman to remove them. porary camps for the No response was received because purpose of collecting in the interim the water level of mahinga kai during the appropriate seasons. the lagoon was drastically lowered by drainage activities.

3. That the Ngai Tuahuriri Runanga The Ngai Tuahunn Runanga should be involved in the proposed to the Wildlife Service, management of all mah­ who advertised for submissions inga kai resources, in­ on the management of the lagoon, cluding fresh and salt-

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 -15 that they be part of the manage­ ment committee. To date there has been no reply.

At present Tutaepatu is not used by Ngai Tuahuriri because there are few eel left in the lagoon. However, some of the Tuahiwi women continue to use the paru lecting mahinga kai dur­ ing the appropriate sea­ (mud) from the lagoon as a black sons. dye for their harakeke and kiekie.

4. That the local " To date Because the land around the Runanga should be in­ there has been lagoon is now covered in willow, volved in the management broom, gorse and blackberry, and of all mahinga kai re­ as the level of the lagoon has sources, including fresh fallen, it no longer supports the and salt-water fish. mahinga kai that it once did. 5. That the Canter­ Policy bury Regional Council actively encourage and support all initiatives to 1. That the quality restock lagoons and other and quantity of water in waterways with native all waterways be im­ fish species, and all ini­ proved to the point where tiatives to maintain those it supports those fish and places as a suitable fish­ plant populations that ery habitat. were sourced from them in the past. This mah­ Silent file: 013 inga kai must be fit for Map5.78A. Swamps near human consumption. Kaiapoi Pa

2. That wetland ar­ eas be created and ex­ panded. All existing wet­ lands should be main­ tained at their present area at least in recogni­ tion of their value as "buffers" in times of high rainfall and also their crucial importance to fish and plant com­ munities.

3. That local Ngai Tahu be allowed to es­ tablish temporary camps for the purpose of coI-

Maori Reserve Land & Case Studies page 5 -16

Ruataniwha also sustained a num­ ber of other fish, bird-life and vegetation.

RUATANIWHA The Cam River also provided a (THE CAM RIVER) place of recreation such as swim­ ming and picknicking. Many local residents remember when, as The Cam River has several children, they would virtually live named sections including Rua­ on the banks of the river. taniwha, Whakahume and Koro­ tuaheke. This river runs close to several Ngai Tahu kainga in the The combined effects of drain­ Kaiapoi district, namely Tuahiwi, age and the serious decline in Waituere, Pakiaka, Kaikanui and water quality have dramatically Rakiwhakaputa. Because of the reduced the quantity of available close proximity of the kainga to kai-awa, and have also made swim­ the river, the Cam was an impor­ ming an unpleasant and poten­ tant source of food for the local tially dangerous practice. Ngai Tahu.

The kai-awa traditionally taken The Ruataniwha section sup­ from the Cam River are: waikoura ports two types o~ eel which act as (freshwater crayfish), waikakahi kaitiaki (guardians) of the river. (fresh-water mussel), patiki (floun­ The first is the [wai)tuere, a blind der), inanga (whitebait), marearea lamprey which is a creamy spotted (adult whitebait), tuna (eel), ka­ colour. The second is the koiro, a nakana ~amprey), and [wai]tuere. large black eel. These eel travel between Kaiapoi and Te Taumutu via underground waterways.

Ngai Tahu Resource Management Strategy for the Canterbury Region t page 5 -17

RAKIWHAKAPUTA

Maori Reserve 873, Block xi, Rangiora SD.

Description

This was the Pa of T e Rakiwhakaputa, an important ancestor of the Kaiapoi and Penin­ Policy sula Ngai Tahu. 1. That the quality Today it is part of the Kaiapoi and quantity of water in Maori Reserve, but is sited behind all waterways be im­ the Kaiapoi Woollen Mills on the proved to the point where it supports those fIsh and banks of the Cam River. plant populations that were sourced from them in the past. This mah­ In addition to the abundant inga kai must be fIt for river resources, there were a num­ human consumption. ber of important gardens in this area. The gardens are known as "Nga Mara 0 T e Wera" . 2. Refer also to Wa­ terways policies, espe­ (17) cially at pages 4 - 20 and " combined The Ruataniwha, as a reliable 4-21. effects of source of kai, declined during the drainage and late 1960s and continued to do so the serious into the 1970s. Today the Cam WAIMAKARIRI decline in water River is mainly used by Ngai quality have T ahu for catching whitebait dramatically during certain parts of the season. The name Waimakariri refers to reduced ... the cold (makariri) mountain-fed available kai­ waters. Not only has the river awa, and ... The quantity and quality of been a source of nourishment for shellfish, waikoura, and kanakana the local Ngai Tahu, but it is also a made swimming caught in this river has also de­ river which they refer to when ... unpleasant clined. Sometimes the Kaiapoi identifying themselves: and ... Ngai Tahu will catch patiki in the dangerous." river but there is a general aver­ sion to eating foods out of parts Ko Maungatere te maunga ki of this river because of the poor runga water quality. Ko Waimakariri te awa Ko Tuahuriri te tangata.

Maori Reserve Land & Case Studies page 5 -18

Today, the Waimakariri is Maungatere (Mt Grey) stands rarely used as a source of mahinga above kai for a number of reasons. The Wairnakariri is the river principal one being that the lower It••• Ngai Tahu end of the river is heavily polluted use o/the and T uahuriri is the chief man. with effluent from both the Waimakariri Kaiapoi and Canterbury Frozen was banned by Meat Freezing Works, and three I egzs. I'atzon •.. " community sewage schemes. This Traditionally, it provided sev­ does not mean that eels cannot be eral trails to the West Coast for caught from the river, but Ngai Ngai Tahu taua (war) and trading T ahu are averse to taking food parties. But more often it was from polluted waters. used as access into the mahinga kai areas such as lakes Lyndon, Pear­ son, Howdon and Sarah. Pollution is also evident in Brooklands Lagoon, where the tide carries industrial effluent The river has always been an onto the mud-flats. important source of food for the Kaiapoi Ngai T ahu. All along the banks of the river are urupa, The hearing for the water rights permanent and temporary occupa­ application to discharge effluent tion sites, and mahinga kai sites. into the Waimakariri by the Canterbury Frozen Meat Com­ pany Ltd in 1983 is a good ex­ Ngai Tahu use of the ample of Ngai Tahu's interests in Waimakariri was banned by legis­ waterways being ignored. This lation in the mid to early 1880s. was possible because the Water One Ngai Tahu, Pita Mutu, stated and Soil Conservation Act did not his concern to the 1876 Royal specifically require Maori interests Commission as follows: to be taken into consideration. "Waimakariri is the onI y Ngai Tahu maintain that such river that fish can be got legislation is inconsistent with the in, and we are now barred principles of the Treaty of from going there." (18) Waitangi.

Mutu is referring to the fact that There is also the problem of the Kaiapoi Ngai T ahu were being culturally inconsistent water types continually fined for catching being mixed. This is particularly trout in their eel weir. Also in true of the waters of the Otukaik­ 1890, regulations under the Fisher­ ino which were traditionally used ies Conservation Act prohibited for embalming. Refer to the setting of nets near the mouth silent file 015. of the Waimakariri. This Act had the effect of stopping the local people setting up their eel weirs, because of the risk of conviction.

Ngai Tahu Resource Management Strategy for the Canterbury Region n page 5 -19

KAI-A-TE-ATUA

Urupa Kaiapoi Maori Reserve, Block ix, Rangiora SO.

OTUKAIKINO Rakiwhakaputa Section 205. Area: 3 acres 2 roods 23 perches Silent file: 015 Description Map 5.78 B. This is a cemetery which lies on the banks of the Ruataniwha in the Rakiwhakaputa section. It is an old urupa still used by Ngai Tahu. TE URI TI Silent file: 016 Map5.78A. Maori Reserve: Section 101. It ••• the Water and Soil Traditionally, this had been an Conservation area of cultivations on which ti­ kouka and kumara were grown. PEKAPEKA Act did not specifically require Maori In pre-contact times the area interests to be became the urupa for certain Silent file: 017 taken into whanau of Ngati Rakiamoa, an consideration. important Ngai Tahu hapu. It remained an urupa of this hapu Map 5.78A Ngai Tahu till after the 1914-18 World War maintain that when it became an urupa for all such legislation Ngai Tahu. is inconsistent with the Ownership is vested in three MASSACRE Hill principles of the Trustees nominated by the Ngai Treaty of Tuahuriri Runanga. Waitangi. 11

Map 5.78 A.

This is a very important site to Ngai Tuahunn and Ngai Tahu Whanui because it is here that the skeletal remains of many Ngai T ahu were reinterred after the fall of Kaiapoi Pa.

Maori Reserve land & Case Studies tr page 5 - 20

The Christchurch area has This site lies beside Highway 1 traditionally been a mahinga kai at the turn-off to Kaiapoi Pa and of the Kaiapoi Ngai Tahu and has been registered as a historic Kaiapoi rangatira all claimed mahinga kai in the area now site (M35/11). known as Christchurch before the 1868 Native Land Court. Their claims were made on behalf of the Kaiapoi Ngai Tahu, and other hapu did not dispute this. For­ merly, the Kaiapoi Ngai Tahu were the owners of Ihutai, a fishing easement in the New OTAUTAHI Brighton - Sumner area.

(CHRISTCHURCH) Therefore, the Ngai Tuahuriri Runanga have the predominant Maori interest in the affairs of Introduction Christchurch, and must be in-

Christchurch, like many major cities in New Zealand, is an im­ portant centre for many Maori.

In pre-European times, the wider Christchurch area included a number of Tribally volved in all matters dealing with important sites. For example, the management of resources Opawaho (present-day Opawa) within this area. was a resting place for Ngai T ahU travelling between Kaiapoi and the Banks Peninsula. The Heathcote and the Avon Otautahi was formerly the Rivers were both important to the name of a specific site in central maintenance of the food-rich Christchurch and it was this name wetlands in the Christchurch area. " that was adopted by Mr T e Ari Because of the importance of this Taua Pitama of Ngai Tuahuriri as area as a mahinga kai, the lands the general name for Christchurch were divided into wakawaka in the 1930s. Before this, Ngai (boundaries) and controlled by T ahu generally referred to Christ­ the rangatira of certain hapu and church city as Karaitiana. whanau.

, Ngai Tahu Resource Management Strategy for the Canterbury Region ~ .. page 5 - 21

The Avon River once sup­ ported extensive wetlands in the Fishing Easements Christchurch region, and between the Waimakariri and the there were countless mah­ inga kai. TE IHUTAI Today the situation is very different. Due to drainage, the wetlands are no longer evident. Maori Reserve 900, P laces such as Travis Swamp and Block xii Christchurch SO Bottle Lake are the only places Area: 4.0468 hectares that faintly remind us that Christ­ church once was a place of swamps. Description

Although Ngai Tahu have always been present in Christ­ Te Ihutai is sited in the Christ­ church, their numbers began to church district on the Sumner­ increase during the 1930s. Most New Brighton coastline. Ngai Tahu came from Tuahiwi and Rapaki. Others came from Wairewa, Port Levy, Akaroa and Traditionally, Te Ihutai was Murihiku (Southland). part of a larger fishery used by Ngai Tahu. There are a number of National Marae, "Nga Hau e Muz", hapu and whanau who have used Christchurch Later in the 1950s and 1960s, T e Ihutai as part of their mahinga (opposite, gateway Christchurch became a settlement kai. The owners were those of the below) for North Island Maori who Kaiapoi Reserve and their uri. migrated to T e Waipounamu to work in the freezing industry. This influx of Maori into the Christchurch area lead to the establishment of urban marae such as Rehua. This marae also includes a hostel which supported newly urbanised Maori learning technical trades in the city.

However, the notion of an urban marae in Christchurch is nothing new. The idea has been around since the 1850s when it was first advocated by Paora Tau and Hakopa Te Ata-o-Tu. The marae was originally intended to be sited at Little Hagley Park.

Maori Reserve Land & Case Studies page 5 -22

However, in 1956 the Reserve was taken under the Public Works n Te lhutai Act 1928, as part of a site for the Reserve was sewage scheme proposed by the OPAWA considered so Christchurch Drainage Board. (HEATHCOTE) valuable that This Reserve was considered so the owners valuable that the owners would not accept the money offered as would not Properly known as O-pa-waho accept the compensation to them. The only which refers to this Pa as being an . money offered acceptable compensation would be outpost (waho) of Kaiapoi. It is a similar area of land having simi­ as where present-day Judges Street lar characteristics to that which and Vincent Place intersect. compensation was compulsorily taken. to them. " (19) The taking of Ihutai has long The people of this Pa used the been a sore point with the owners. Heathcote River and the sur­ The compensation offered was rounding swamps as mahinga kai, minimal and still lies unused with with the Opawa River itself being the Ngai Tahu Maori Trust Board. an important source of both blind eel and lamprey.

Mahinga Kai

The Avon and Heathcote Rivers OTAKARORO supported various types of fish (AVON R,VER) and shellfish. Tuna, kanakana, tuere and patiki were some of the fish caught in these areas. Also, The Avon River has a number waikoura and waikakahi were of names, each relating to a par­ collected from the banks of the ticular section of the river. To- nver. . day, Ngai Tahu generally refer to the River as Otakaroro.

As well as various fish types, birds such as putangitangi and The Mouth of the Avon River parera were also taken from the was a permanent mahinga kai. It swamps. Forest birds were mainly was this part of the Avon which taken in the Papanui forests. was traditionally known as Otaka­ roro. Foods taken were tuna, inanga (whitebait), kokopu (na­ tive trout), parera and putangi­ tangi. Cultivated foods included kumara and aruhe.

Wairarapa was the middle part of the Avon River, where Ilam stands today.

Ngai Tahu Resource Management Strategy for the Canterbury Region b page 5 - 23

OTAUTAHI The river was also important because of the three springs on it In 1868 Hakopa Te Ata-o-Tu which were used by tohunga for claimed this site as a mabinga kai healing puzposes. They were sited for the Kaiapoi Ngai T ahu. His in the Orakipaoa area (), claim was also dismissed because one being in the Wairarapa Stream the land had already been sold by and another in the Waiwhetu the Crown. Stream.

Otautahi in a modern context is The following mahinga kai used when referring to the whole were places that the Native Land of Christchurch, although strictly Court refused to reserve for the it was a kainga situated on present claimants. This refusal caused day Kilmore Street, near the Fire great bitterness which has per­ Station. sisted to the present day. All of these mahinga kai sites are based in Christchurch and are either " The Crown sited on the Avon River or are sold the land ... connected to it. PUARI then used its own actions as an excuse for Puari was sited on the Banks of dishonouring the Avon River where the High TE ORANGA the Deed. " Court is now situated. (HORSESHOE LAKE)

. In 1868 Puari was claimed by This lagoon was sited in the Pita T e Hori but his claim was Wainoni area of Christchurch. In dismissed because the land had 1868 T e Oranga was claimed by already been sold by the Crown. Aperehama T e Aika as part of the Kaiapoi Ngai Tahu mahinga kai. T e Aika also claimed this area because part of it was an urupa. ORUAPAEROA t20) The Native Land Court dis­ This is near Travis Swamp and missed the claim on the basis that it had already been sold. The Queen Elisabeth Park. Crown sold the land before hon­ ouring its promises in terms of the Ngai Tahu traditions state that Deed, then used its own actions as shark were caught here at certain an excuse for dishonouring the ! t~es of the year. This was pos­ I Deed. slble as an opening in the area i I extended to the sea, and the result­ t ing brackish salt water supported I marine fish. l Maori Reserve land & Case Studies page 5 - 24

This name also applied to the beach nearby where various types OHIKAPARUPARU " ... cI' azm was of flounder and sole were taken. dismissed Shellfish were also taken from the shore. because the This area was near the mud-flats land had on the beach near Sumner, where already been shellfish could be gathered. TE KAI A TE KARORO sold by the Crown. " The previously high quality This kainga is where Jellicoe water of the area supported aquac­ Park is now sited. The original Pa ulture as well as an abundance of was occupied all year round and natural mahinga kai. The Avon eel was the main food taken. and Heathcote Rivers also sup­ plied shellfish, fish and waterfowl throughout the year.

PUTARINGA-MOTU Today, the water quality of the A von River and Heathcote Rivers This formerly swampy region, is affected by run-off from urban present-day Riccarton Bush and residential and industrial areas. the surrounding area, was fre­ Ngai Tahu are concerned at the quented by Ngai Tahu tohunga. number of recent oil "spillages" However, it was also a place into these two rivers. where the kai-mahi (workers) of Kaiapoi would work the wetlands, waterways and off-shore fisheries. Policy Harakeke was also collected here, especially from the St Mar­ tins district. 1. That the remain­ ing wetland areas around Christchurch be' main­ tained and expanded. All WAITAKARI existing wetlands should be maintained at their present area at least in This was the old name for what recognition of their value is now Bottle as "buffers" in times of Lake near the high rainfall and also Queen Elisabeth their crucial importance Park. to iIsh and plant com­ munities.

2. Ngai Tabu main­ tain that future planning procedures should con­ sider the fact that areas such as wetlands are

Ngai Tahu Resource Management Strategy for the Canterbury Region b page 5 -25

important mahinga kai to Ngai Tahu. There are several issues which concern Ngai Tahu on Banks 3. That the Ngai Peninsula: Tuahuriri Runanga * soil erosion caused by the should be consulted and clearance of native vegetation; actively involved in the management of all mah­ * nutrient run-off from the inga kai resources, in­ hills into the waterways and lakes cluding fresh and salt­ and harbours; water iIsh. * the effect of sewerage on water quality; 4. That no further reclamation be allowed * conservation of the native vegetation. in the A von and Heath­ II issues cote Rivers, or their es­ which concern tuaries. Ngai Tahu on Banks 5. That Ngai Tahu NGA MAUNGA 0 Peninsula: " access to, and rights to use resources from pub­ HOROMAKA: lic forests, parks and THE PENINSULA HILLS reserves be guaranteed. This includes the use of traditional materials such as pingao and harakeke. The hills surrounding Banks Peninsula are also important, not only as a source of mahinga kai, but also because of the number of wahi tapu located there. TE PATAKA A

TE RAKAIHAUTU In the pre-contact era, the Banks Peninsula hills were covered in (BANKS PENINSULA) native bush and this area was renowned for its bird-life. Titi Introduction originally inhabited the coastline between Akaroa and T e Pataka aTe Rakaihautu Koukourarata, and as with the titi refers to Banks Peninsula being in the Rakiura (Stewart Island) the storehouse (pataka) of T e region, the habitat around the Rakaihautu, an important breeding colonies was protected. Waitaha ancestor. This area was The taking of titi was an activity referred to as a storehouse because controlled by selected hapu and of the abundant natural resources whanau. that could be found on and around the Peninsula. In particu­ lar, the vast amounts of eel, fish The titi, as a food resource on and bird-life were a great attrac­ Banks Peninsula, became depleted tIOn.

Maori Reserve Land & Case Studies page 5 - 26

in the 1870s, although Ngai Tahu still gathered the bird in small " a numbers into the 1950s. The main widespread reason for its decline is that the titi Important Places reduction in nests in the ground. Erosion of the soil along the coastline and the available TE IRINGA 0 KAHUKURA mahinga kai, introduction of predatory species, and the near including cats and rats, severely limited the breeding capacity of elimination of On the track between St Mar­ the titi which only lays one egg tins in Christchurch and Te Poho the native bird tri-annually. populations. " o Tamatea (the ridge of the Port Hills, to the east of Dyers Pass) lies a carved wooden image of Soil erosion has also led to the Kahukura, similar to the one build-up of silt in the Lyttelton buried at Tuahiwi. harbour and the surrounding harbours and water bodies such as Wairewa.

TE TIHI 0 KAHUKURA Much of the soil erosion has been caused by land clearance for livestock-farming, road construc­ Otherwise known as Castle tion, the excavation of house sites Rock. A crevice in this mountain and the laying of pipelines. As a protects the Kahukura. result, much of the indigenous vegetation has been removed. The net outcome for Ngai T ahu has been a widespread reduction in Urupa available mahinga kai, and the near elimination of the native bird populations. There are a number of urupa on the Peninsula Hills. Some have been uncovered while others still remain as urupa. Many of these places have been forgotten but there are some which Ngai T ahu are still able to record.

Silent file: 019 Map 5.78 C.

Silent file: 020 Map 5.78 D.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 27

Silent file: 021 RAPAKI Map 5.78 C.

The following section deals Silent file: 022 with the historic Rapaki Pa, Marae Map 5.78 E

Silent file: 023 Map 5.78 F.

Silent file: 024 Map 5.78 F.

Silent file: 025 Map 5.78 F

and associated reserves. Silent file: 026 Map 5.78 F Reserves

Silent file: 027 Maori Reserve 875, Block iv, SD Map 5.78 F. Area: 850 acres Silent file: 028 Map 5.78 F. History

Silent file: 029 This Pa was founded by T e Map-M37C Rakiwhakaputa, a significant Ngai T ahu ancestor who featured dur­ ing the Ngai Tahu heke (migra­ tion) to Wait aha. Te Rakiwhaka­ puta settled his people here to catch pioke (sandshark), a deli­ cacy of the region. In time, Ra­ paki became one of the central mahinga kai areas because of the abundance of natural resources within Lyttleton Harbour.

Maori Reserve Land & Case Studies page 5 - 28

pioke from the shallows. Other There are two concerns which types of shark were also taken. the Rapaki Ngai T ahu have in regards to the harbour, namely Patiki (flounder) were also pollution and commercial fishing. taken from the harbour, as were pipi, tuangi, papaka (mudcrabs), Traditionally, the whole of the koiro (Conger eel), hoka (red harbour was used as a mahinga cod), kina (sea urchin), paua, kai, however, there are some mussels, and other types of fish. specific places which Ngai Tahu use regularly. One of these is the Today, little food is taken from Rapaki beach. Formerly, the either the beach or the harbour beach front was important to the due to the amount of effluent local people as cockle, pipi and discharged into the harbour area. papaka (crab) were taken here. The main source of sewerage is During the month of February, Lyttelton township, but there are the whakarua (north-easterly) discharges from the other residen­ blew the pioke up the harbour and tial communities located around the Rapaki people would assemble the bay. Ships also discharge at and take the sewerage and their bilge water into the harbour waters. While tidal flushing within the harbour is not yet fully understood, it appears that the tide carries the sewerage up the harbour rather than out to sea. (21) The effect of these discharges, combined with the effects of soil erosion, is evident at Rapaki where there has been a build-up of silt on what was once a sandy beach. Although shellfish can still be taken from the beach, the Rapaki people are less than anx­ ious to eat something fed on sewerage for both cultural reasons and out of concern for their per­ sonal health. The Rapaki Ngai T ahu have been advised to cook all shellfish taken from the har­ bour. However, many Ngai Tahu prefer their shell!ish ra;, - and. maintain that this mahinga bu shouldn't have to be cooked

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 29 simply to compensate for poor resource management. County Council were given the right to discharge up to 600 cubic metres of secondary treated efflu­ "... problems In 1986 the Ngai T ahu Maori ent into the harbour per day, thus experienced Trust Board, in conjunction with adding to the already unacceptable with Maori the Rapaki Ngai Tahu Runanga, levels of discharge into the har­ land. :: made a submission to the Standing bour area. Tribunal Hearings on a Mount Herbert County Council water right application. They proposed The Rapaki Ngai Tahu also consider that commercial fishing the establishment of a single treat­ Multiple ment plant for the whole harbour has depleted stocks of pioke and basin which could treat raw sew­ other fish within the harbour. ownership. The local Ngai Tahu would like to erage from the harbour communi­ Turangawaewae. ties. However, this proposal was see commercial fishing within the harbour zone stopped and the not considered as it was deemed to Conflict with be outside jurisdiction. establishment of both rahui areas and marine reserves. Town and Country As a result, the Mount Herbert Planning Ordinances. "

CASE STUDY:

RAPAKI RESERVE

The Rapaki Reserve is a result of the Port Cooper Purchase signed between Ngai Tahu and the Crown in 1859. As pro­ vided in the purchase agreement, a reserve was set aside for the Rapaki Ngai Tahu. The original owners were from both Rapaki and Tuahiwi, reflecting the close rela­ tionship between these two communities.

Maori Reserve land & Case Studies page 5 - 30

(b) Turangawaewae

This reserve is a good example Turangawaewae is the right to of many of the problems experi­ stand on a particular piece of land enced with Maori land. and to take part in any decisions concerning that land or the com­ In this case the problems are: munity associated with it. From (a) Multiple ownership. the time of the land sales to the " [After] ... the Crown in the 1840s-1870s, Ngai (b) Turangawaewae. land sales to Tahu have never had sufficient the Crown in (c) Conflict with Town and land of their own. the J840s­ Country Planning Ordinances. J870s, Ngai Tahu have Although the Waitangi Tribu­ Taking these problems in turn:- nal decision on the Ngai Tahu never had claim has not yet been given, the sufficient land Chairman of the Tribunal has of their own. II (a) Multiple Ownership publicly stated that Ngai Tahu have established their claim that When Maori Land was origi­ the reserves set aside for the Tribe nally owned by more than one at the time of the land sales were person, then each of those persons inadequate. With the passage of could bequeath his/her interest to time and the increase in popula­ successors who, in turn, could do tion, that inadequacy becomes the same. Over time, the number more and more oppressive. Be­ of owners has increased exponen­ cause of the inadequacy of their tially to the point where there are land reserves, Ngai Tahu were so many owners that it is very forced to leave their settlements difficult to get agreement to do and thus became scattered "Waitangi anything at all with the land. throughout New Zealand. Tribunal ... Further, these owners are scattered (46) has publicly all around New Zealand making a For many of these people, their stated that Ngai representative meeting next to only turangawaewae is a share in a impossible to organise. Tahu have small reserve owned in common established with many others. Lacking turan­ gawaewae in the place where they their claim that now live, they become all the the reserves set more determined to retain an aside for the interest in a piece of land where Tribe at the they have the right to stand and time of the land speak. sales were inade quate. " The result is that in many cases it is extremely difficult for anyone to make any use of Maori Re­ served land. With each generation that passes, the number of owners increases still further, and the

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 31

challenge of putting the land to some constructive use becomes more and more difficult and, in many cases, impossible.

It is important that local Gov­ ernment and its rate-payers should understand that Ngai Tahu never wanted multiple ownership. In their scheme of things, ownership consisted of a complex series of rights which were recognised by (c) Conflict with Town and "The Crown other whanau (families), hapu Country Planning (sub-tribes), and Iwi (tribes). The detennined that rights themselves could vary from Ordinances Maori land place to place, but in all cases were should be recognised by those concerned. Many Maori Reserves were owned by At the time of the land sales, Ngai created for particular purposes individuals T ahu had a different understand­ which were noted in the Maori rather than by ing of the concepts of "sale" and Land Court records. With the the Tribe ... "title" to those of the Europeans. advent of Town and Country and that the For them, if a question of owner­ Planning in 1953, a number of land should be ship rights arose, it was settled by suc h reserves were "d"zone out 0 f consent or conquest. Once the uses for which they were mUltiply owned settled, the ownership rights created. As an example, see the . .. created the remained within the whanau, case of the Morven peoples' urupa present hapu or Iwi. in the Waihao section of this impasse. /I schedule at 5 - 70.

The Crown determined that Maori land should be owned by The Rapaki case is more com­ individuals rather than by the plex than "zoning out". In this Tribe or one of its sub-groups, instance, the land was originally and that the land should be multi­ reserved for habitation and the ply owned. That decision created Council zoning reflected that the present impasse. For that purpose by creating a residential reason, Ngai Tahu maintain that zone. Despite a zoning which it is up to the Crown or its dele­ recognised the purposes of the gated representatives, the territo­ reserve, few houses have been rial local authorities, in consulta­ built on it because there are so tion with the Tribe, to try to find many owners that agreement to and to promote a solution to this sell any part of the reserve to an problem. individual cannot be reached. It is for this reason that the local authority has to deal with a num­ ber of specified departure applica­ tions to build houses on general I land, zoned rural, outside the I reserve. u\l Maori Reserve Land & Case Studies < page 5 - 32

Sections of Importance As part of the review of its District Scheme, that same local The Rapaki sections wruch are authority has extended the resi­ set aside as Maori Reserves were dential zoning at Rapaki to cover given by the following Rapaki land held in general title outside kaumatua in 1886 for the use of the reserve. Trus is a recognition the Rapaki people. Those kau­ of the impossibility of getting matua were: Reihana Tau, T eone owners' agreement to sell land in Watene, T eoti Pitama Karatiti, the reserve. Unfortunately, the Henare Manihera and Moru Ra­ District Council proposals are kuraku. The one exception is the contrary to the provisions of the land given by Rewi Koruarua who Canterbury Regional Council gifted sections 19 and 20 for a Planning Scheme and the matter marae. will therefore have to proceed to a hearing in the Planning Tribunal. The Rapaki owners should be­ Today the reserves are managed come involved in any such hear­ by Trustees elected by the Rapaki ing, but for the reasons already people. given, a decision to do so is un­ likely to be reached. Even if it was, there is no money available to prosecute meaningful participa­ TE WHEKE HAll tion in such a hearing.

Policy Section 19 & 20.

1. That Regional and Area: Section 19, District Councils should 1 acre 0 roods 11 perches support tangata-whenua Section 20, initiatives to establish 1 acre 0 roods 11 perches appropriate land use zonings on multiple owned Maori land. Description

2. That at the time of This land was originally owned the review of any District by Rewi Koruarua but was gifted Planning Scheme, or the by rum for the purposes of a preparation of resource marae. Today it is managed by management plans, both Trustees elected by the Rapaki Regional and District people. Plans should provide recognition of the pur­ poses for which Maori Reserve lands are used. This hall is in constant use for This will involve consul­ tangihanga, Tribal and Govern­ tation with the owners. ment hui and is also used by the local people for social reasons.

- Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 33

Section 42 original use, such land Section 42 was set aside as a site and buildings should be for a whare hui and marae. How­ returned to their original ever, for the time being sections owners or the local Run­ 19-20 are used for this purpose. anga as appropriate. The section is held by the Rapaki Trustees.

CASE STUDY: RAPAKI SCHOOL PUBLIC BEACH ACCESS

Sections 44 and 45. In proposed changes in Bills be­ Area: Section 44, 38 perches fore Parliament and carried over during the interregnal period for Section 45, consideration by the next Parlia­ 30 perches ment, several far reaching altera­ tions are contemplated. In New Description Zealand law it has been consid­ ered, until now, that the public has unrestricted access to the New The Rapaki Ngai T ahu wrote Zealand coastline. Most New to the Native Affairs Department Zealanders not schooled in law in 1877 requesting a school for the believe they have free access as of local children. As part of the inherent right. Rapaki contribution, sections 44 and 45 were set apart by Reti­ In fact, when Hobson was mana Momo of Rapaki for the Governor of New Zealand in 1841 school site. he declared: " ... no grant of land is to be recommended '" which In 1946 this section was offi­ shall comprehend any headland, promontory, cially gazetted as a school site. bay, or island that may . This gazetting was revoked in hereafter be required for 1949, and the land should there­ any purpose of defence or fore be returned to the descen­ for the SIte of any town or village reserve or for any dants of the original owners. (22,23)

Policy

1. Hland use changes result in gifts of land and! or buildings being no longer required for their

Maori Reserve Land & Case Studies page 5 - 34

other purpose of public tional controls used by the local utility; not of any land situated on the sea shore people when managing the beach. within a 100 feet of the high water mark." (24) In the summer months, Rapaki In effect this initiated and en­ Beach is a popular spot for the sured the public right of access to public. An associated problem is the coastline. The Town and that during these months the County Planning Act, 1977, the roadway is blocked by the public Land Act, 1848, and similar Acts parking on Maori land near the ensure that the New Zealand beach-front. By the end of the Public has the right of access holidays the beach is covered with " The through private lands to the coast­ broken glass and litter discarded line. by the visiting public. While acquisition of wading in the water some of the land by the Rapaki locals have been cut by Crown for the However, the instructions given broken glass which has been future by Hobson for drawing up the washed ashore from those bottles settlement of Treaty of Waitangi concerning cast into the sea by recreational British subjects Maori land were: boat users. must be "You will not, for ex­ confined to ample, p,urchase from ~em This is an issue of concern for such districts any terntory the retention of which by them would the Rapaki Ngai Tahu. They as the natives be essential or highly conducive to their own already suffer from the pollution can alienate comfort, safety, or subsis­ affecting their kai moana. Broken without distress tence. The acquisition of glass left by bathers and boat users If land by the Crown for the future settlement of Brit­ makes the prospect of swimming ish subjects must be con­ in the waters even less appealing. fined to such districts as the natives can alienate

without, distress, or seri- ous InconvenIence to Rapaki Ngai T ahu oppose the themselves. " policy proposed in the Canter­ (25) bury Regional Draft Scheme Unrestricted public access to the (section 8, policy 7) which states Rapaki beach front has resulted in that Territorial Authorities: the beach becoming both polluted and littered. This beach has long been cherished by the Rapaki will seek to develop people as being 'theirs', and parts or acquire these areas or D;egotlate covenant on of the beach were sectioned off for tIdes. the use of local kaumatua. Fur­ ther, each family had their own will seek to provide storage pits along the beach where appropriate access and to manage these areas; sea food could be stored in the pools along the rocks. Also, food was not allowed to be taken onto will seek to encour that area between the church and age provision of access to, the beach. These customs and re­ and appropriate use of river" fake and coastal strictions are some of the tradi- margms.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 35

Rapaki Ngai Tahu also oppose policy 9, section 7 which states in its implementation that the: Department of Conservation and Territorial Authorities -will seek to negotiate road end pa.r:king and indicate pedestnan access routes where this is in the public interest.

Further, Ngai Tahu oppose territorial authorities buying land on Maori Reserves which were set aside as places of occupation.

RAPAKI

Policy Maori Reserve 875, Block iv, Halswell SO. 1. That Rapaki re­ main as a place of settle­ ment for Ngai Tahu and that local governments Sections 41, 39a & 39 b fonnulate policies that retain Rapaki as such. Sections 41, 39a and 39b are ancient urupa which are still used 2. That public park­ today by many Ngai Tahu. They ing places and areas of were gazetted in 1949 as a ceme­ public recreation not be tery, and are sited on a hill above sited on Maori Reserve T e Wheke, the Rapaki Hall. land without the consent (26) of the owners of that reserve. Besides the headstones there now, there are a number of un­ marked plots where people of Urupa both Ngai T ahu and Ngati Mamoe descent are buried.

TAUKAHARA Section 37 Within section 1c, a cemetery Section 37 is sited above section was set aside as a Maori Reserve. 41 on the same hill. This land is Urupa in this area extend beyond now held in general title. How­ the gazetted Maori Reserve. ever, some of the wheua (human bones) from section 41 are also spread through parts of section 37. Silent file: 030 Silent file: 031, Map 5.78 H Map 5.78 H

Maori Reserve land & Case Studies page 5 - 36

KOUKOURARATA Today Ngai T ahu still continue to use the harbour as part of their mahinga kai. Therefore, the Maori Reserve 874, water-quality of this harbour must Block v, Pigeon Bay SD. be maintained. Area: 1,361 acres

Description Important sections

Traditionally, Ngai Tahu occu­ As with most Ngai Tahu occu­ pied the Port Levy Bay in three pation reserves, Koukourarata main centres:. Koukourarata, Puari Maori Reserve had lands set aside and Kai-Tara. Koukourarata and by the original owners for the Puari are both included in the purposes of urupa, a wharenui or reserve. Pum is at the end of a church. Those sections are as If ••• Ngai Tahu Koukourarata near sections 1 E 2, follows: still continue to and Kai-T ara is at the mouth of use the harbour the harbour where the signal as part of their station is now located. mahinga kai. " Section 6 Mter the fall of Kaiapoi Pa, Koukourarata and Puari became Section 6 is adjacent to section 5 the main centres of Ngai Tahu (below) and is one acre in area. activity in the Canterbury region Today the sections are vested with up to the turn of the century. It the Port Levy Maori Committee. was the Pa populated primarily by Ngai Tuahuriri. The fence line is a modern boundary marker as there are However, in 1849 Ngai Tahu some burials which over-run the signed the Port Levy Purchase urupa down to the shoreline. which saw the local Ngai Tahu confined to a small reserve on the eastern side of the Bay. Urupa The harbour was the place that nourished the people of the area SectionS with pioke and other types of shark being taken and traded with One of the sections set aside as other hapu. Koiro (Conger Eel), an urupa is section 5, which is an various types of shellfish, and area of 4 acres 2 roods and 10 patiki were taken near the perches. mudflats, and inanga were taken in the nearby creeks. Red and Blue Cod were also taken here.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 37

HOROMAKA

Reserve

Maori Reserve 2840, Pigeon Bay SD. Area: 3 acres 2 roods 24 perches

Description Sections 11-12 Horomaka properly refers to Two urupa are sited at the end the island sited in the Port Levy of the reserve. Section 12 is an Harbour across from the area of 6 acres 2 roods 0 perches. Koukourarata Maori Reserve. It Section 11 is 1 acre. is an important place as it is the tauranga where the Makawhiua canoe first landed on Banks Penin­ Both urupa are vested with the sula. Port Levy Maori Committee. ">.;

The Makawhiua is a Tribally _ important canoe which bought the TUTEHUAREWA Ngai Tuhaitara (Ngai Tuahuriri) from the Wakatu (Nelson) region into the Waitaha area, which Ngai Section7D Tahu eventually came to domi­ nate. This is where the wharenui, Tutehuarewa, sits. Tutehuarewa was an important ancestress of Ngai Tahu. The area of land is 3 roods and 8.7 perches.

Today the land is vested in the Port Levy Maori Committee.

Urupa

Silent file: 032

Map 5.78 I

Maori Reserve land & Case Studies page 5 - 38

Some Ngai Tabu consider that part of the island is a breeding Opukutahi was never a large ground for shark. Also kaimoana settlement and by the 1950s there is taken from the rocks near the were very few Ngai Tabu living island. there permanently.

ONUKU

Urupa Reserve Sections 7 & 8 Maori Reserve 886, Block viii, Akaroa SO. These two sections were set Area: 426 acres aside by the following Opukutabi kaumatua: Hone Taare Tikao, Description Paurini Hirawhea, Timoti Ropatini, Irai Tihau and Hone Tukutaua. Onuku was set aside as a Maori Reserve as a result of the Akaroa Purchase. Today the reserves are managed by Trustees elected by the Onuku people.

OPUKUTAHI

(AKAROA) WAIREWA

Reserves Reserves

Maori Reserve 885, WAIREWA RESERVE Block iii & iv, Akaroa SO. Area: 432 acres Maori Reserve 887, Block iii, Pigeon Bay SD. Description Area: 440 acres

Opukutahi is sited across from Description Akaroa near Wainui, and has been a Ngai Tabu kainga since the initial Ngai Tabu settlement of Te Wairewa has long been a settle­ Waipounamu. During the 1820- ment of South Island tribes as it 30s Opukutahi and the connected was, and still is, an important kainga of Akaroa harbour partici­ source of mahinga kai for Ngai pated in extensive trading with the T ahu. Wairewa was settled by whalers and sealers. Mako, an important Ngai Tabu

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 39

Waipounamu with the Ngai Tuhaitara hapu. Mer Kaiapoi Pa This reserve was later re-gazet­ had been settled, the lands were ted as "Takiritawai (Little River) sectioned off amongst the whanau Maori Reserve 385". of Ngai Tuhaitara. As a result Mako was allocated the district Otawiri to guard as a mabinga kai. Wairewa lies within the Otawiri district. TE POURUA

This reserve was set aside in Te Pourua consists of two 1856 as a result of the Akaroa Reserves, which are: Purchase made in the same year. Maori Reserves MR 2574 and MR 2533, Block viii, Akaroa SO. OTAWIRI Area: MR 2574 2.0761 hectares

Section 10, Block iv MR 2533 5.7290 hectares

Maori Reserve 887, Block iii, Pigeon Bay SO. Area: 1 acre Description

This reserve was set aside to The marae of the Ngati allow the local Ngai Tahu to set Irakehu, Otawiri, is sited on this up a "fishing station" near section. Wairewa.

Today the reserve is classified as Maori freehold land vested in TAKIRITAWAI Trustees from the Ngati Irakehu hapu. Maori Reserve 835, Block it Akaroa SO. Area: 70 acres 2 roods 33 perches

Description

This reserve sits near the Takiri­ tawai River which runs into Wairewa at the head of the lake.

Maori Reserve land & Case Studies page 5 - 40

CASE STUDY:

WAIREWA

i.'t I ~' L (LAKE FORSYTH,)

JL Traditionally, Wairewa was sectioned into food gathering boundaries which were used by different whanau and hapu. The principal guardian hapu of this lake, however, is Ngati Irakehu.

Mahinga kai The Ngai Tahu tradition of using Wairewa as a mahinga kai gathering area was acknowledged Besides the lake itself, there are under the Lake Forsyth Lands a number of tributaries and fowl­ Vesting Act, 1896, which stated: ing places that are important mahinga kai to Ngai Tahu. , 'Nothing in this Act contained shall be deemed to prejudice or affect any Native fishing rights which may be in existence at the time of the passing OHIR/RI hereof with respect to any part of Lake Forsyth which may not be so re­ claimed or drained." This is a stream which runs into Lake Wairewa. It is now called Okane. This tributary was fished Two reserves, Te Pourua and in the spring and summer months, T akiritawai, were set aside to prior to the eels' whakaheke into allow local Ngai Tahu to fish the lake and finally the sea. from them.

In the modern con­ text, Wairewa is one of • the central food baskets of Ngai Tahu in the Canterbury region with eel and whitebait being the main foods taken. Other food sources have been depleted due to eutrophication and overfishing.

Although there are a number of methods

Ngai Tahu Resource Management Strategy tor the Canterbury Region • page 5 - 41 whakaheke (migrate) to the sea number of eels returning to the through the trenches dug by the lake. eelers. As the eels make their way up the trenches, the men gaff or hook them into the parua, a pit dug in the shingle. A solution is possible. This

The whakaheke, or the season for taking eel, is between Febru­ ary and April. During the sum­ mer months the eels have mi­ grated down from the surround­ ing tributaries and creeks. Be­ tween February and April the eels take to the sea to spawn. To do this the mouth of the lake must be opened yearly to allow spawn­ ing to take place and new stock to return.

From the 1950s onwards, Ngai T ahu have expressed a concern at the reduction in the number of eel taken from Wairewa. There are a number of reasons for this: involves the interception of farm "... food run-off by planting vegetation sources have strips around the lake and af­ 1. The removal of the forest foresting the nearby hills that been depleted and the "run-off" of farm fertiliz­ constitute the Wairewa catchment. due to ers have both affected the water Such vegetation should be appro­ eutrophication quality. This has led to the eutro­ priately fenced to isolate stock and phication of the lake. from the lake and to minimise oveTjishing. 11 2. Because of the low lake damage to this vegetation strip. level, the water warms during the A similar programme has been summer, reducing oxygen levels in undertaken at Lake Tutira with the lower portions of the lake. success. 3. The appearance of a toxic blue-green algae (Nodularia The Ngai Tahu concern about spumigena). This causes stock the fishing of the tributaries was deaths through drinking the presented to the Waitangi T ribu­ water. nal. Ngai T ahu consider that one 4. Commercial fishing has been way to stop the commercial fish­ a prime reason for the depletion ing of the tributaries is to have of eel stocks. Because the lake is them included in the Maori Fish­ left exclusively for Maori use, ery. (Wai-27, #H 9,10,12 & 13) commercial fishermen fish the (46) tributaries and thereby limit the Maori Reserve Land & Case Studies - page 5 -42

Ngai Tahu also maintain that 2. Wherever pos­ they should have a half share in sible, but especially at the management of all freshwater the margins of lakes and fisheries. This would mean that rivers, vegetation should be established to assist in Ngai Tahu would need to consult stemming the flow of with the Acdimatisation·Societies, nutrients into these wa­ the Canterbury Regional Council ter bodies. and the Banks Peninsula District Councils. 3. A concerted effort should be made to con­ Another easily overcome con­ serve, protect and en­ cern of Ngati lrakehu is that the hance existing indigenous vegetation, for its own Banks Peninsula District Council sake, as a habitat for fails to consider the welfare of the native birdlife and as a fishery when it co-ordinates the mechanism in assisting opening of the lake. Ngati Irakehu in erosion control and believe that the success of the eel the absorption of fertil­ migrations depends on unre­ iser run-off. stricted access to and from Wairewa at these critical times. 4. That representa­ tive native flora be used in revegetation projects, Legal Status and where possible this should be oflocal genetic origin. Lake Forsyth is gazetted as a Maori Reserve under the Fisheries (South East Area Commercial 5. That the quality Fishing) Regulations, 1986. This and quantity of water in is the only Maori Reserve set aside all waterways be im­ for fin-fish, the others being re­ proved to the point where served for rock oysters. it supports those rlSh and plant popUlations that were sourced from them in the past. This mah­ Policy inga kai must be fit for human consumption.

1. That the gazetting of Wairewa as a Maori 6. That wetland ar­ FJShing Reserve be altered eas be created and ex­ to a Nt:ai Tahu FIShing panded. All existing wet­ Reserve for Ngai Tabu lands should be main­ who descend from kau­ tained at their present matua listed under the area at least in recogni­ land grants of the Maori tion of their value as Reserves from Wairewa, "buffers" in times of Rapaki, Kaiapoi, Port high rainfall and also Levy and Te Taumutu. their crucial importance to IlSh and plant com­ munities.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 43

7. That no further Urupa reclamation of wetlands be allowed. Silent file: 034 8. Ngai Tabu main­ tain that future planning Map5.78G procedures should con­ sider the fact that areas such as wetlands are important mabinga kai to Ngai Tabu. Section 7. BJock ii

The cemetery is sited here. Matariki 9. That those Run­ The Pleiades stars anga which possess bene­ ficial rights to a particu­ lar waterway should be Area: 2 acres consulted on all manage­ ment practices which will impact on that waterway or its resources.

10. That local Ngai Tabu be allowed to es­ tablish temporary camps for the purpose of col­ lecting mahinga kai dur­ ing the appropriate sea­ sons.

11. That the local Runanga should be in­ volved in the manage­ ment of all mahinga kai .,; ..:' 8 ~ .. resources, including fresh .<: ... and salt-water fIsh.

12. That the Canter­ bury Regional Council actively encourage and support all initiatives to restock lagoons and other waterways with native fish species, and all ini­ tiatives to maintain those places as a suitable fIsh­ ery habitat.

Maori Reserve Land & Case Studies page 5 - 44

TE TAUMUTU Reserves

Located on the southern shores The T aumutu Reserve has a of Te Waihora (Lake Ellesmere). fairly complex history.

History Unlike the Kaiapoi Reserve, In terms of historical Ngai there were several land allocations T ahu occupation, T e T aumutu made throughout the 1800-1900s. was settled by the Chiefs T e Those allocations are as follows: Ruabjkjbikj and Kaweriri who were both rangatira of Ngai Tuhaitara and Ngati Kuri. 1. 1848 allocation

As with all mahinga kai, parts Maori Reserve 878, of the lake were subdivided into Block vii, Southbridge SO. the working and foraging bounda­ Maori Reserve 879, ries of whanau and hapu who Block vi, Southbridge SO. worked the foods in the lake sepa­ Area: MR 878 46 acres rately. Sometimes a communal MR 879 33 acres effort by all parties occurred in activities such as fowling for pu­ tangitangi (paradise duck). 2. 1868 allocation

Maori Reserve 889. Maori Reserve 901. Area: MR 889 63 acres MR 901 128 acres

3. 1883 allocation

Maori Reserve 806, Block vii, Southbridge SO.

Maori Reserve 3667, Block vii, Southbridge SO. Area: MR 806 62 acres MR 3667 711 acres 3 roods 20 perches

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 45

Description the road was a Maori Roadway, The first reserves at T aumutu, although no court ruling has been MR 878 and MR 897, were set made. aside by Mantell in 1848. The latter was named Waiwhakaheket­ Important sites and sections upapaku. However, due to a survey in 1872 the area of MR 878 increased to 76 acres and that of TE TAUMUTU MR 879 to 42 acres. MARAE

In 1868 more reserves were granted to the Taumutu people by Section 16 the Native Land Court. Those Reserves were MR 889 and MR This was formerly known as 901. On survey in 1883 the acre­ section 13. The whare runanga age increased with MR 889 in­ stands here, on the original site of creasing to 66 acres 2 roods and Moki's Pa. The Pa is listed as an MR 901 increasing to 129 acres 1 historical site. rood.

Two further reserves were granted under the Taumutu Com­ monage Act, 1883. The Taumutu Commonage consists of two reserves (MR 806 and MR 3667) which are located on the shores of Te Waihora.

Ownership of the Reserves (MR 878, MR 879, MR 889 and MR 901) was determined in 1886 by the Native Land Court. The Reserves were partitioned in the same year. To allow access throughout the partitions, "pri­ vate roads" were lain which were accepted as Maori Roadways and were subject to the jurisdiction of the Maori Land Court. Sections 14b and 11

One private road which came under dispute was the "road" that Section 14b (formerly section went through MR 878, and was 10) was set aside by the local considered by some to be a public Runanga as a recreation area. road. In 1971 the Department of Section 11 was formerly known as Lands and Survey determined that section 13.

Maori Reserve Land & Case Studies page 5 - 46

were the persons who should have ownership. A census of those communities was taken by a Ngai TE KOROHA T ahu Committee and submitted to the Court. The Committee (ELLESMERE RESERVE) listed 573 Ngai T ahu, distributed as follows: Ellesmere Reserve 959, Block X, Halswell SO. Kaiapoi 275 persons comprised of lots 11, 12, 13. Wairewa 134 persons Area: Rapaki 86 persons 166 acres 1 rood 11 perches Te Taumutu 40 persons Port Levy 38 persons

Description Total 573 This reserve is sited near the southern bank of the Ahuriri Lagoon, Lake Ellesmere. As with the rest of T e Waihora, Ahuriri As a result, the shares in the Lagoon was an important mahinga reserve were allocated proportion­ kai. ately with Kaiapoi being granted 275 of the 573 shares - and so on.

Ownership was determined in 1913 by the Native Land Court, The Maori Trustee took over presided over by Judge Gilfedder. management of the reserve from Justice Gilfedder ruled that the the Public Trustee in 1958 under Maori of Kaiapoi, Port Levy, s. 50 (1) of the Maori Reserved Wairewa, T e T aumutu and Rapaki Land Act 1955. In 1978 the Maori Land Court ordered that the proceeds be distributed commun­ ally rather than to individuals.

A Case Study of Mahinga Kai "'" ,:r:'Ii "II" .! 'I in the region follows.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 ~ 47

MAHINGAKAI

CASE STUDY: KAITORETE SPIT

TEWAIHORA (LAKE ELLESMERE) Judge Fenton dismissed the claim stating that Kemp's Deed KAITORETE SPIT included Kaitorete. But Fenton also recognised the importance of Kaitorete to Ngai Tahu as a mah­ Kaitorete is a long strip of land inga kai and place of occupation in which separates T e Waihora (Lake his following statement: Ellesmere) and the Pacific Ocean. It can be located on the New Zealand Map Series, 262, sheet 13. "I should say, speaking in a way in which I must not be bound by if the matter Kaitorete lies between two comes before me judicially, that this pah with the ease­ blocks (vi-vii) of the Ellesmere ment over the whole of Survey District and covers an area the strip would satisfy the of 170.6151 hectares. In 1978, a Natives, without gIving them freehold. That is, to portion of the spit within the two give them leave to make a blocks was set aside as a reserve drain for eel fishing where for scientific purposes. they liked, filling it up agam as they need to. That (27) ~ght be done witho~t mJ~ to Europe~, while at the same time it would be very valuable to the Description Natives to have the privi­ lege." (28) Kaitorete Spit is included in the Ngai T ahu claim before the Waitangi Tribunal. Title to the Since Judge Fenton's ruling the spit was claimed by the Tribe claim has been restated in a num­ during the 1868 Native Land ber of forums. Court hearings in Christchurch, on the basis that it was a place of occupation for their ancestors. Kaitorete is an important eeling Further, it was, and still is, an place for Ngai Tahu. In former important source of mahinga kai times they dug channels from T e such as bird eggs and weaving Waihora into the spit and the tuna materials such as pingao (Desmos­ (eels) would enter these during choenus spiralis).

. Maori Reserve Land & Case Studies page 5 - 48

their migration. The tuna were 3. Further mining then easily caught and stored in licenses should not be paarua (storage pits) ready for granted if the mmmg further processing. company does not have the assent of the tangata whenua. It was also the traditional thor­ oughfare to and from the Peninsu­ 4. All present and lar at a time when the lake covered future reserves on Kai­ twice the area that it does today. torete should be formed This high level of usage is evi­ and managed with the denced by the numerous camp­ full involvement of the . sites and urupa located on Kai­ Taumutu Runanga, and full access and protecion torete. of mabinga kai usage rights, as guaranteed by the Treaty of Waitangi. In a modern context, Kaitorete is still an important Ngai Tahu mahinga kai. One of the impor­ 5. The implication of tant mahinga kai left on Kaitorete any future development is the pingao (Desmoschoenus on Ngai Tahu resource spiralis), a fibrous plant used for values should be consid­ ered before such consents decorative purposes such as are granted. Taumutu tukutuku panelling and weaving Ngai Tabu should be fully kete (baskets, kits), as well as for involved in such deci­ other weaving purposes. sions.

6. That Ngai Tabu access to, and rights to Policy use resources from pub­ lic forests, parks and reserves be guaranteed. 1. Sand mining This includes the use of should be terminated traditional materials such when W. A. as pingao and harakeke. Habgood's temporary li­ cense expires 70 That representa­ in 1991. tive native flora be used in revegetation projects, and where possible this 2. Mining should be of local genetic must not be origin. permitted in areas which are important to Ngai Tahu, including urupa, wahi tapu and some mahinga kai areas.

Ngai Tahu Resource Management Strategy for the Canterbury Region 4 page 5 - 49

starts inland and proceeds to the coastline by following the tribu­ TE WAIHORA taries into the main lakes and lagoons. This process takes a whole season. Introduction

The well-being of this lake is of Ngai T ahu attitudes to T e paramount importance to the "... wh en Waihora are similar to Wairewa , Tribe as it is from this lake that discUSSing the the difference being that T e the upper lakes the high coun­ lake, its Waihora is not afforded the pro­ in try are stocked with fish, the tection of a Maori Fishing Re­ tributaries need fingerlings travelling via the serve. to be underground waterways. considered as well. " Today T e Waihora is consid­ ered by many to be solely a com­ Since European colonisation, the management of the lake has mercial fishery - primarily eel and patiki. However, T e Waihora was been determined by the demands of agriculture and the economics also famous as a "mahinga manu wai maori" which literally means of reclamation, with the result that Te Waihora's mahinga kai a "place for taking water fowl". Putangitangi (paradise duck), value is now negligible. parera (grey duck), pateke (grey teal) and a number of swamp hens were all taken as food from the lake. TraditionaJ Management

T e Waihora was traditionally Fish of various sorts were taken controlled by a number of whanau during the year, but eel, aua (yel­ and hapu, with each working their low-eyed mullet) and flounder are own section of the lake. Today, the main sources of food taken here in large quantities. In fact, the local Ngai T ahu were noted among other Ngai T ahu kainga for their eel. In part, T e Waihora identified who they were.

Eel were not taken from the lake alone and, when discussing the lake, its tributaries need to be considered as well. Ngai Tahu believe that the waterways in the North Canterbury region are all connected and that tuna and fish travel from Kaiapoi to T e Waihora via. underground water­ ways. Eel catching therefore

Maori Reserve Land & Case Studies h page 5 - 50

This Act was repealed by the Railways Construction Act, 1878, perhaps because of the economic conditions of the time. The 1878 Act also declared extensive lands around the side of T e Waihora to five Canterbury Runanga have be 'Crown lands of special value'. interests in the lake. They are: "The 1888 Ellesmere Rapaki, Port Levy, Ngai Tuahu­ Lake Lands Act provided riri, Wairewa and the resident that protective works to . keep lake overflows from "Settlements as Taumutu Runanga. affecting the lands referred to in dle 1878 Act should far south as be constructed. This Act Awarua (Bluff) The T aumutu people used to also provided that any of the nvers flowing into T e would know open the lake occasionally to Wamora could be diverted when the lake lower the water level of the wet­ or stopbanked. The sale had been lands which surrounded their of the lands referred to was to pay for the work." opened ... " settlements. This was accom­ (30) plished with the use of sticks and would have occurred at much higher lake levels than at present, Following Acts were designed the lake area then being nearly to facilitate and finance the fur­ twice that of today. Settlements as ther draining of T e Waihora and far south as Awarua (Bluff) would speed the passage of river water know when the lake had been through the lake to sea. opened by the appearance of the distinctive patiki mohoao (black flounder) in their rivers. The Ahuriri Lagoon was vested in the Ellesmere Drainage Board in 1912, and the Board was given Drainage and Reclamation the authority to drain the lagoon, Legislation lease the reclaimed land, and apply II the the funds to the further draining tangata-whenua of T e Waihora. Despite vigourous Legislation has approached the opposition from Ngai Tahu's have had their management of T e Waihora Parliamentary representatives, most valued largely as a drainage and reclama­ Taare and Tame Parata, the un­ resource tion exercise. The preamble to the modified Bill was passed. dramatically Ellesmere and Forsyth Reclama­ affected by tion and Akaroa Railway Trust legislation Act, 1876, stated its intention: Further legislation, in the form of the 1924 Land Act, placed all which did not "... great public benefit unsold lands described in the 1876 consult or and convenience would arise from the drainage of and 1878 Acts, under perpetual consider their Lakes Ellesmere and F or­ lease as Crown lands. The revenue position. 11 sy'!h, in the Middle Island ofNew Zealand, and from was to finance survey, drainage the reclamation of land and railway costs. from the said lakes .... " (31) (29)

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 51

In the case of T e Wamora, the nised functions of wetlands. The tangata-whenua have had their greater the wetland area, the most valued resource dramatically greater the controlling effect in affected by legislation which did times of high rainfall. This in turn not consult or consider their means that the lake does not have "Ngai Tahu position. To add insult to injury, to be opened as frequently to consider all of the revenue from the sale of their maintain a relatively constant the above resources was applied to further water level, and therefore reduces legislation to be destroy the water and mahinga kai the management cost. blatant values of the lake. Ngai Tahu (32) breaches of the consider all of the above legisla­ Eighty-one per cent of the Treaty of tion to be blatant breaches of the surrounding wetland area has now UTrraztangz • • •.. " Treaty of Waitangi and have been drained through the use of advanced this argument to the stop banks and pumping stations. Waitangi Tribunal. As well as harming the fishery, this practice has hastened the flow of nutrient-laden water into the lake, as wetlands are very effective filters of inflowing water. (33) Drainage Effects This ability to filter nutrient­ laden water can best be demon­ strated by the proposed Mangonui The lake is now managed at a sewerage-treatment plant. In this low level by the periodic cutting instance, a man-made wetland has of an opening through Kaitorete been proposed to filter sewerage Spit into the sea. This ensures that effluent. Engineering evidence the bordering farmland remains before the Waitangi Tribunal productive, but also reduces the claims that the combined effects of feeding grounds of both tuna and evaporation, transpiration and some birds. The lowered water soakage will remove sufficient level has destroyed the shellfish nutrients to allow the water to re­ 1/ wetlands beds on the lake shore, although enter the rivers in as pure form as are very the shells can still be seen today. possible. effective filters (34) of injlowing As outlined above, the lake­ water. 1/ edge wetlands are an important fish and bird habitat. Drainage of these areas removes both the food supply and breeding grounds, resulting in reduced numbers. All reclamation schemes have serious adverse effects on the wetland plant and fish communities.

Water regulation and flood control are also important recog-

I Maori Reserve Land & Case Studies ~ .J page 5 - 52

Present lake management poli­ associated detritus build­ cies do not recognise the impor­ up will be to see: - a replacement of oxy­ tance of the wetlands, nor do they gen-demanding fish (t:.g. safeguard the habitat of the tuna, trout and flounder) Wlth despite extensive scientific evi­ 'coarse' fish (e.g. perch); dence showing the advantages of - a substantial alteration of the lake-bed and lake­ doing so. water fauna and flora; (35) -no recovery of lake-weed beds; . - a probable reduction ill eel populatjon through Water Qua/fty food reCiuctlOns; - some modification of lake-edge vegetation." The water quality of T e (36) Waihora has always been of con­ Another serious concern is the cern to Ngai T ahu because of the presence of the blue-green algae many resource values it supports. N odularia spumigena. This algae Research has been initiated since is flourishing in nearby Wairewa the mid 1970s in an effort to better (Lake Forsyth), and renders the understand the effects of different water lethal to stock under certain land use regimes on the lake. conditions. Wairewa is now completely eutrophic and the The lake water is becoming water is slightly saline (as is that saturated with nutrients, i.e. in T e Waihora), and these condi­ eutrophic. This is a natural proc­ tions appear to encourage the ess in lakes, but is being acceler­ growth of the algae. The concern ated in T e Waihora due to land is that T e Waihora may also be­ management practices in its catch­ come seriously infested with the ment. These increased levels of Nodularia algae. nutrients enhance the growth of some water plants and algae, Kaumatua have described T e which eventually die, and in turn, Waihora as originally having clear lower the oxygen content of the water and a shingle bottom, how­ water as they decompose. ever, the water is now a murky green-brown and the lake bottom The important nutrients in­ is muddy. volved are phosphates and ni­ trates, both of which occur natu­ rally in soils. However, modern farming methods require the Reserve Legislation application of large quantities of these nutrients to sustain increased In 1883, some 770 acres was set production, and subsequent leach­ aside for Ngai T ahu as the ing places abnormally high load­ T aumutu Commonage. It was ings on the lake. Of this, a Lands "granted" as a lease in perpetuity and Survey report stated: free of rent and other costs. How­ "At Lake Ellesmere, the ever, the Crown retained the right danger

Ngai Tahu Reso~rce Management Strategy for the Canterbury Region page 5 -53

for public works. Mr James rent renewal. The rent becomes McAloon, a Ngai Tahu Maori negligible after the first few years "This Trust Board historian, said of the of the lease and, for this reason, Commonage Act: leases in perpetuity sell for legislation has again prevented "The 1905 Taumutu amounts close to freehold land. Native Commonage Act Ngai Tahufrom vested the land m the participating in Public Trustee ' ... for the The owners rightly feel that use and benefit of such the economy on Natives as the Native Land they should be able to run their an equal Court ... determines.' own affairs and charge normal fiootzng· ... II Althou~h this Act_ gave market rates for their land, and if the land-the status of Maori Land the Trustee was given they so wish, use the land them­ discretion to lease ' ... any selves . This legislation has again portion of the said lands prevented Ngai Tahu from partici­ not needed for the use or occupation of the Natives, pating in the economy on an equal for any term not excee~­ footing with the wider European mg twenty-one years, m society and has been called into such manner and subject to such conditions as he question before the Waitangi thinks fit.' As was usual Tribunal. the rents were to be ap­ (38) p'1ied by the Trustee for the benefit of the owners. This lease, it should be noted, was not a lease in Commercialisation perpetuity. "

"The 1955 Maori Re­ For many, the 1984 removal of served Land Act, in sec­ fishing licenses (from those who tion 8, gave the Maori Trustee (who had replaced earned less than 80% of their total the Puolic Trustee) ' ... income from that source) marked authority to do all such the end of a long family involve­ things as he considers necess~ for the due ment with the lake. administration thereof, and which are, in his opin­ ion, in the interest of the beneficiaries on whose behalf it is administered'''. (37) Local Ngai Tahu have always been seasonal fishermen, but now

This legislation gave the Maori Trustee the right to issue leases on any terms thought fit, and gave lessees the right to buy a lease in perpetuity. The Maori Trustee was not required to consult with the owners.

Two blocks on the Common­ age have been leased in perpetuity. The rent being 5% of the unim­ proved value at the time of the

Maori Reserve land & Case Studies page 5 - 54

there is not one Ngai Tahu license­ seeking the right to take holder on T e Waihora. These eels. Tlie Chairman stated that he was not in favour regulations have denied Ngai Tahu of the scheme and would the right to continue an integral not support it." part of their traditional lifestyle.

Perhaps because of the initial This resulted in the following abundance of the resource, there is motion; no minimum weight requirement "That the [Mid-Canter­ for T e Waihora tuna, although all bury Maori] Committee other New Zealand fisheries is not in favour of losing any rights as far as eeling require a minimum weight of 150 is concerned, and supports grams. the Trustees in keepin and holding what we liad. R (39)

However, the T aumutu Run­ anga and Ngai Tahu in general Regardless of the desires of the have consistently argued against Taumutu Runanga, commercial commercialisation of the tuna, interests knew the value of T e whether it be in T e Wamora, Waihora. The 1976 catch was Wairewa or anywhere else. It is 56% of the national total from recorded in the minutes of April this one area alone. This percent­ 1968: age declined markedly until quo­ "The Chairman [Riki T e tas were eventually introduced. Mairaki Ellison] had been approached by a company The absence of size limits has also affected the eel population. As the numbers of larger tuna declined, markets were developed for the juvenile "fingerlings", and this has removed the replacement population also.

Ngai Tahu have traditionally practised the taking of the younger stock and the adults are left as the breeding stock. Tradi­ tional husbandry practice meant

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 55 that muttonbird chicks are taken rather than the adult titi. Ngai Tabu also believe that the larger "pou tuna" are the breeding stock and therefore they are not taken. This approach is analogous to 'modern' livestock farming prac­ tices.

Commercialisation of the tuna resource, especially without adequate quantity and size restric­ policies should be adopted tions, is seen as a major reason for to maintain and enhance the reduction of the tuna fishery. them. The Canterbury Regional Council should support the attainment of ~ provtiions where Policy necessary.

1. That the local 5. That local Ngai Runanga be consulted on Tabu be allowed to es­ all matters affecting tablish temporary camps Maori Reserve land in for the purpose of col­ their areas. lecting mahinga kai dur­ ing the appropriate sea­ sons. 2. The Canterbury Regional Council should encourage land owners 6. That those Run­ or occupiers to plant anga with beneficial vegetation on riparian rights should be involved "These strips to prevent contami­ in the management of all nated run-off into any mabinga kai resources, regulations wetland, waterway or including fresh and salt­ have denied lake. water iIsh. Ngai Tahu the right to 3. Those Runanga 7. That the Canter­ continue an which possess beneficial bury Regional Council integral part of rights to the lake or its actively encourage and their traditional shore should be consulted support all initiatives to lifestyle. " on all management prac­ restock lagoons and other tices which will impact waterways with native on the lake and its re­ iIsh species, and all ini­ sources, including the tiatives to maintain those appropriate time for places as a suitable iIsh­ opening and closing the ery habitat. lake. 8. That no drainage 4. Where accessible, of waiwhakaheke-tu­ productive mahinga kai papaku (water burial areas still remain, strong sites) should be allowed.

Maori Reserve Land & Case Studies page 5 - 56

9. That the quality and quantity of water in all waterways be im­ Urupa proved to the point where it supports those fIsh and plant populations that ORARIKI were sourced from them in the past. This mah­ inga kai must be fIt for Taumutu Maori Reserve 878 human consumption. Section 15 (formerty section 11). 10. That wetland ar­ eas be created and ex­ The Taumutu cemetery and panded. All existing wet­ church are located within the old lands should be main­ Pa of Te Ruabikibiki, Orariki. tained at least their pres­ ent area in recognition of their value as "buffers" in times of high rainfall and also their crucial im­ Section 22 portance to fish and plant communities. An urupa exists on the sand dunes in this section. However, 11. That no further the majority of the wheua have reclamation of wetlands been reinterred as the sea has be allowed. eaten into the coast.

12. Ngai Tahu main­ tain that future planning procedures should recog­ RAKAIA nise the fact that areas such as wetlands are important mahinga kai Maori Reserve 2058, to Ngai Tabu. Block ix, Rakaia SD. Area: , ,830 acres 13. That agricultural and chemical spraying be prohibited in any case where the effects of such Description spraying will be to de­ grade the quality of any water body or affect the This area was traditionally a flora and fauna in the mahinga kai of the Ngai Tuahuriri immediate vicinity of such hapu. water bodies.

It was granted to the original owners of the Kaiapoi Maori reserve under the Kaiapoi Native Reserves Act 1877. Ownership was determined in 1880.

Ngai Tahu Resource Management Strategy for the Canterbury Region ~...... ------page 5 - 57

In 1883 a road was put through the reserve under the Public AROWHENUA Works Act 1872. (40) Reserves In 1889 the Kaiapoi Maori sought the partitioning of the reserve and the land was surveyed into sections in the same year. KApUNATIKI

Today most of the land has Maori Reserve 905, been alienated and an incorpora­ Block viii. tion has administered section 3 "Area: 600 acres since its establishment in 1975. Description

This section of land was granted ASHBURTON to the Arowhenua Maori by the Native Land Court in 1868. In 1887 the reserve was partitioned Maori Reserve 2060, into 17 sections. Block ix, Ashburton SO. Area: 253 acres In 1968 the Maori Land Court approved the amalgamation of all the titles into 573 acres 0 roods Description and 1.6 perches. One section had been sold prior to the amalgama­ tion in 1921. The history for this reserve is similar to that of the Rakaia Maori Reserve. This reserve was leased by the Maori Trustee but in 1984 the owners appointed their own This reserve was set aside for Trustees. the original owners of the Kaiapoi Reserve under the Kaiapoi Native Reserve Act, 1877. Ownership was established in 1880 by the Native Land Court.

=""-=---~'-' Today the land has passed into general title.

Rakaia camp site, 1848, lVBD Mantell

Maori Reserve Land & Case Studies page 5 - 58

RAUKAPUKA

Maori Reserve 913, Block viii. AROWHENUA Area: 150 acres Maori Reserve 881 Area: 376 acres Description

The history of this reserve is Description similar to Kapunatiki. It was granted to the Arowhenua Ngai Arowhenua is the tribal head­ "Arowhenua is Tahu by the Native Land Court in 1868. quarters for the Ngati Huirapa the tribal Hapu of Ngai Tahu. It was estab­ headquarters lished by their ancestor T e Ariki for the Ngati In 1887 the reserve was parti­ shortly after Ngai Tahu had lo­ Huirapa Hapu tioned amongst the Arowhenua cated themselves at Kaiapoi Pa. of Ngai Tahu. " Ngai Tahu, but in 1968 Rauka­ puka was amalgamated into one This reserve was granted by title with Waipopo 2 which came to 170 acres, 0 roods and 5 Mantell in 1848 to the Ngai Tahu perches. of Waiateruaati and Arowhenua.

Ownership was determined in 1868 by the Native Land Court WAIPOPO 2 and the land was surveyed in the same year. The reserve was parti­ tioned in 1887 by the Native Land Reserve 14168 Court with the land being indi­ Area: 20 acres vidualised and portions set aside for a marae and urupa.

Description WHARERAKI This reserve was allocated by the Native Land Court in 1868 Sections 1 a & 1 b and partitioned in 1968 into two sections. However, in 1985 it was amalgamated with Raukapuka into The name Whareraki refers to one title of 170 acres, 0 roods and section 1 and includes 2 acres. 5 perches.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 59

Sited on section la is a church and on section 1b is the cemetery Sections 6 and 10. which holds local Ngai Tahu. "Te Hapa 0 Niu Section 1b is vested with the Tireni These two sections were taken T emuka Trustees. means under the Public Works Act, 1928, because the Arowhenua School 'The Unfulfilled needed more land to expand. This section is easily sighted as Promise of New Originally, it was intended to take you come off the highway and Zealand' ... " enter Arowhenua. section 9 but it was later agreed that the school should have sec­ tion 6 instead. (41,42)

Sections 3b and 18b

These sections sit opposite section la and Ib where the church and cemetery are situated. It is identified by the stone carved archway which stands at the entrance of the section. This section was set aside as a Maori Reserve to site a model Maori Pa and meeting house which was proposed in the early part of this century.

Connected to section 3b is section 18b which was set aside The school then decided that it for the same reasons. only needed section 10. Section 6, which was taken under the Public Works Act, 1928, was declared to The sections are now vested in be surplus to requirements. the T emuka Marae Trustees. (43)

TE HAPA 0 NIU TIRENJ

TEMUKA SCHOOL Sections 12a1 & 2b

Section 11 Te Hapa 0 Niu Tireni is the name of the whare runanga (meet­ This section was gifted to the ing house) at Temuka. Translated, Crown for a school site in 1894. it means "The Unfulfilled Promise of New Zealand", and was so named to remind the Government

Maori Reserve Land & Case Studies page 5 - 60

that the promises of Kemp's Deed and the Treaty of Waitangi have This Reserve was granted by not been honoured. Mantell in 1848 and ownership of the reserve was determined by the Section 12a Native Land Court in 1887. In 1914 the reserve was partitioned into 66 small town sections. This section was set aside as a recreational area for the T emuka Ngai Tahu. The land is vested in However, due to unpaid rates, the T emuka Trustees. the land was sold by the South Island District Maori Land Board to the Timaru Borough Council in 1926. WAIPOPO

The Council set aside 9 acres as Maori Reserve 882, a public recreation reserve, known Block ii, Arowhenua SD. today as Maori Park. Area: 187 acres 1 rood 15 perches

Description Fishing Easements

This Pa was an old mahinga kai TURUMANU connected with Waiteruati. The reserve is sited on the banks of the Maori Reserve 910, Opihi River. Block iv, Arowhenua SD. Area: 7.8913 hectares Waipopo was set aside by Man­ (20 acres) tell in 1848 and surveyed in 1889. Ownership was determined in 1868 by the Native Land Court. OHAPI

Maori Reserve 909, TE UPOKO 0 RAKAITAUHEKE Block iv, Arowhenua District. Area: 1.7452 hectares Maori Reserve 884, Block x Arowhenua SD. Area: 20 acres Description

These fishing easements are Description

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 61 sited near the mouth of the Oraci Orakipaoa Creek. The owners River. Turumanu sits on the were listed in 1887 as all Aro­ north bank of the river and Ohapi whenua Maori who appeared in is located on the south side of the the 1848 Arowhenua census and river mouth. the 1868 Native Court list for the fishing easements of that district.

The mouth of the river occa­ sionally alters and changes the acreage of the reserves. In 1889, when the river was being sur­ veyed, the river had shifted away from Turumanu and had sub­ merged half of Ohapi. The acre­ age decreased slightly from 20 acres to 19 acres 2 roods. Ohapi went from 10 acres down to 4 acres 1 rood 10 perches.

Ownership of the two sections was determined in 1887 where the owners were to be those who appeared on the 1848 Arowhenua census and the 1868 Native Court HARAKEKETAUTORO list for the fishing easements of that district. Maori Reserve 914, Block vii Arowhenua SO. In 1972 Trustees were ap­ Area: 30 acres pointed - as nominated by the Runanga - with the power to determine leases. Proceeds were to go to the upkeep of the marae. Description

This easement is sited near the mouth of the Opihi and KAIKATAHA Orakipaoa Rivers.

Maori Reserve 908, Ownership is the same as that Block vii, Arowhenua SO. of Turumanu, Ohapi and Kai­ Area: 20 acres kataha. The Trustees for the Reserves were appointed in 1972 and they were given the power to lease the land, the proceeds going Description

This reserve is sited near the

Maori Reserve land & Case Studies page 5 - 62

CASE STUDY:

THE OPIHI RNER AND ITS CATCHMENT.

Before European settlement, the Opihi River and its catchment supported a large Maori popula­ tion. The whole catchment was one vast mahinga kai providing a comprehensive range of fish, fowl and plant life. In later years it towards the upkeep of the marae. became internationally famous for the quantity and size of its trout. Today the combined effects of farm-generated nutrient run-off, abstraction of water for irrigation, WAITARAKAO "... fann­ and the discharge of industrial effluent into the river, have re­ generated Maori Reserve 911, Block xi, duced the waterways to waste nutrient run-off, Arowhenua SD. removal channels and all but abstraction of destroyed their mahinga kai value. water for Certificate of Title: 140 1103f irrigation, and Area: 2 acres the discharge of Abstraction industrial effluent into the Description As the river crosses the plains, river, have its natural flow is progressively reduced the reduced by the abstraction of waterways to This easement sits at the mouth water for use in irrigating the waste removal of the Washdyke Lagoon. The fertile but dry soils of the plains. channels and easement, through erosion of the Most rights to abstract the water have been granted since the pas­ all but coastline, is now covered by the sage of the Water and Soil Conser­ destroyed their sea. However, there are Trustees for the reserve. vation Act 1967. mahinga kai value. " These rights have been granted piece-meal and in the absence of any catchment management plan. The rights themselves each stipu­ late how much water can be taken from the river, the maximum rate of abstraction, and the hours, days and months when it can be taken.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 63

In theory each farmer knows exactly how much water he can take and can therefore make his investment and management decisions with confidence.

In practice this apparent cer­ tainty does not exist. Because of an inadequate management plan applied agricultural sprays. Near and because the rights were Timaru it receives effluent dis­ granted one after the other over a charges from a woolscour and period of years, the total quantity from the Temuka sewerage treat­ of water permitted to be taken ment plant. Some of the point pursuant to these rights now discharges are subject to condi­ exceeds the total flow of the river tions imposed in the water rights in the dry months when it is most which permit them, but simple needed. For this reason a system observation suggests that either of rationing has had to be im­ the discharges do not meet the "... simple posed based upon an agreed trig­ conditions of the water rights, or ger indicator. The rationing relies that the conditions themselves are observation upon the honesty of all abstrac­ so slight as to be meaningless. suggests that tors because, due to sloppy legisla­ either the tion, lack of manpower for inspec­ dischqrges do The Milford Lagoon was once tion, and the absence of any not meet the the most prized mahinga kai along systematic method of metering the river but pollution there has conditions of pumping operations, enforcement reached the point where it was the water is impossible. described to the Waitangi T ribu­ rights, or that nal thus: the conditions The Opihi also supplies water "The water is of very poor themselves are to Timaru, although for the rea­ quali~, not fit for recrea­ so slight as to sons already given, that supply is tional purposes let alone be to drink, the grease and becoming less certain each year slime that is VIsible both meaningless. 1/ and the city has had to plan for an fl~ating .and attached to alternative supply. The result of shmgle m the stream is both vile and filthy" all these abstractions is that the (W.Torepe, Wai-27 #R 9) river is now all but dry for three (46) months during summer.

Pollution

As it travels across the plains, the river picks up nutrients and chemical run-off from farming operations along with dairy farm and factory discharges and aerially

Maori Reserve Land & Case Studies page 5 - 64

deplorable state of the river itself. Results It must be accepted that farmers who have acquired rights to take river water for irrigation have The "before and after" of the made heavy capital investments in Opihi river is left to the observa­ pumps, pipes, sprays and special­ tion of others. ised farming systems. Plainly these cannot be rendered useless overnight by cancellation of Before "The entire area is a well existing water rights. integrated estuarine region being parti~arly i~por- tant for vanous specIes of fish and bird life. This is Policy one of the few estuarine areas alon~ the south east coast of die South Island 1. That no discharge and is an important breed- ing and fishing ground for into any water body ffilgrating birds and fish". (44) should be permitted if it will result in contamina­ tion of the receiving water. After "I have seen the Opihi turn from a recreational 2. That the quality resource into somethin~ and quantity of water in unfit for dogs to swim in' . all waterways be im­ "In its lower reaches it is proved to the point where at best semi-stagnant and it supports those fIsh and at worst 4rYi in either case plant populations that it is a foul stinking mess" l45, 46) were sourced from them in the past. This mah­ inga kai must be fIt for human consumption. The Future

3. That the Canter­ F or some years now the inade­ bury Regional Council quacy of the river flow, measured should actively encour­ against the permitted abstractions age the disposal of efflu­ from it, has been a cause of con­ ent onto land rather than cern to farmers. The possibility of into water. diverting water from one of the hydro lakes or canals into the 4. Man age men t river to increase its flow has been Plans should be prepared the subject of preliminary investi­ for each river, their tribu­ gations. taries and catchments, and a coherent list of all water rights made, Public discussion of such a whether to abstract wa­ diversion has suggested that its ter or to discharge efflu­ purpose would be to make more ent. In the meantime new water available to farmers rather water rights should only than to partially remedy the be granted in exceptional

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 65

circumstances. These management plans should be developed in consultation with the ap­ propriate Runanga, and only adopted with their consent.

5. That when water rights come up for re­ newal, investigations should be undertaken to determine if more mod­ munities. ern technology would permit an improvement in the quality of any dis­ 10. That no further charge. reclamation of wetlands be allowed.

6. That in the case of abstraction, more effi­ 11. That those Run­ cient use of water be anga whose members encouraged. Any water possess beneficial rights "saved" in this manner to a particular waterway should be returned to the should be consulted on waterways to enhance all management practices river flows, and not re­ which will impact on that allocated to other users. waterway or its resources.

7. That no new wa­ 12. That agricultural ter right should be and chemical spraying be granted that will preju­ prohibited in any case dice maintenance of natu­ where the effects of such ral resource values. spraying will be to de­ grade the quality of any water body or affect the 8. That methods of flora and fauna in the storing excess water, for immediate vicinity of such example wetlands and water bodies. dams, should be actively encouraged. 13. That the Canter­ bury Regional Council 9. That wetland ar­ should encourage land eas be created and ex­ owners or occupiers to panded. All existing wet­ plant vegetation on ri­ lands should be main­ parian strips to prevent tained at their present contaminated run-off into area at least in recogni­ any wetland, waterway tion of their value as or lake. "buffers" in times of high rainfall and also their crucial importance to iIsh and plant com-

Maori Reserve Land & Case Studies .. ------.~ page 5 - 66

total distribution and antiquity of rock art, and its tolerance of envi­ CASE STUDY; ronmental change. ROCK ART IN THE

LOWER WAlTAKI VALLEY South Island Rock M Project This case study concentrates specifically on the Waitaki Valley area. However, other rock art sites To shed some light on the are known, for example at Weka above questions before these Pass, and the comments here apply taonga are lost, the South Island equally to all such sites. Rock Art Project has been initi­ ated.

Given that heke Gourneys) were undertaken regularly up the The intentions of the Project Waitaki Valley, it is not surprising are to survey, pin-point and rec­ that it is part of the country's ord, using specialised photo­ major collection of rock art sites. graphic equipment, all rock art On stylistic grounds, the Waitaki sites in the South Island. The River appears to have acted as a second phase is to undertake any form of cultu '!"al barrier in rock art conservation measures required to design. Understanding of such preserve these taonga for future matters will hopefully become generations and future study. more enlightened as a result of Although a mammoth task, this current rock art study and record­ project was started immediately ing projects. because of the rapid deterioration of the art and its susceptibility to changing conditions.

RockMSites The project is proceeding under the authorisation of the Moeraki, Despite various studies into Waihao and Arowhenua Runanga, different facets of rock art, little is and the Ngai Tahu Maori Trust actually understood about what Board. these taonga represent. Their significance; the styles and vari- ations; their role as In order to gain an early under­ boundary markers; standing of the project's require­ and their relation­ ments, and to build a case for ship to other art future funding, a pilot study is forms of the prehis­ currently underway in the toric peoples are not Waitaki area. The study covers well understood. the area extending from Oamaru Similarly, there is a to the Kakanui River, with the paucity of informa­ coast and State Highway No.1 as tion relating to the the longitudinal boundaries.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 67

Already the results have been unexpectedly impressive, and have indicated the following factors:

1. A considerable amount of the art is previously unrecorded or insufficiently recorded. It is common to recognise further art in already known sites. For ex­ ample, Trotter and Harrowfield current rock art records. These are claim that all the recognisable art demonstrated by the new findings of site 5136/10 is reproduced, which strongly suggest that past whereas study shows that at least studies are of an insufficient stan­ half of that material is not re­ dard on which to base conclusive corded. interpretations and!or future management decisions. 2. The potential for the discov­ ery of many unrecorded sites. Within the area of the pilot study there were only fifteen sites previ­ Preservation ously recorded. However, the survey has revealed thirty more, As with any site of traditional, making the new total forty-five. It spiritual or ethnological signifi­ should be emphasised that these cance, the preservation of rock art are all separate sites, and not sites is of great concern to the merely further art in already tangata whenua. It should be known sites. There is no reason to noted here that there are two expect results to differ in any important considerations: other area to be studied. The ~oordinator of the survey project IS of the opinion that the areas 1. The preservation of the art around Duntroon, Maraewhenua, itself; Kokoamo and Earthquakes have potential for many more rock art sites. 2. The preservation of the site and the support medium for the art. 3. The rapid deterioration of some of these taonga.

4. The inadequacies of previ­ Rock Art Deterioration ous surveys, and hence: The greatest threat to the rock and the art that it supports appears 5. The inadequacies of the to be indirect. Although not

Maori Reserve Land & Case Studies page 5 - 68

The rock on which the art is drawn exists in, and is part of, a fragile micro-environment. This environment is susceptible to damage from changing conditions - such as the increase of wind­ borne dust. The dust factor is perhaps the major concern, in that it potentially threatens all of the immediately damaging in the same taonga. Distance from the dust . way as direct human or animal source is no guarantee of safety, interference, wind-borne dust and the effects are indiscriminate. appears to be a major threat. Wind-borne dust abrades and erodes the pigment of the art itself andthesupponingrock.~t which has settled above the art or Site SUNeys shelter may be washed down in rain seepage, covering the art from Ngai Tahu, the Historic Places view. An example of the effects of Trust and Electricorp Production wind-borne dust can be seen at the are presently attempting to decide renown T akiroa Site, famous for the future of the archaeological its 'Taniwha'. ~t stirred up on and rock art sites in the mid­ the neighbouring road is abrading Waitaki Valley, on the basis of the art and undercutting the past anthropological surveys and blocks supponing it. The implica­ the Historical Places site records. tions of land developers being unaware as to the presence of art is obvious. Due to the nature of site record­ ing in the past, the present records could best be considered to be of a Further, the dust factor can "hit and miss" nature. Funher, deteriorate the support medium. the site records suggest that future Moisture gathers in hair-line investigations are warranted. cracks in the rock surface, but usually evaporates. However, if dust is added to the moisture the evaporation rate is retarded. Any material which will cause expan­ sion and contraction when com­ bined with moisture will cause instability in the supporting rock, potentially causing the loss of the art. A related threat is the possibil­ ity of seed germination in the "soil" filled cracks.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 69

According to the papers of * the findings of the South Brian Allingham, the coordinator Island Rock Art Project pilot of the rock art survey, the only study; two extensive surveys and investi­ * and unease about the pres­ gations to have occurred in the ent state of the site records; area under consideration are those of Trotter, 1977, and Vincent, Ngai Tahu accordingly have 1980. Vincent writes: arrived at the opinion that a full archaeological and rock art "Much of the previous field work has oeen of a survey needs to be completed in piece-meal nature, and the Waitaki area. with the exception of Trotter's 1977 [work], no systematic examination by Policy archaeologists [has been] undertaken" . (30) 1. See policies in Wahi Taonga above 4 - 31 & 4 - 32. In consideration of the follow­ ing facts: * past surveys; Urupa * the recommendation of Vin­ cent (1980); Maori Reserve 881 * the recommendation of the Tribe's own consultants;

AWARUA

Section 62

A warua was gazetted and was set aside as both an urupa and a Maori Reserve in 1941. (47) Today it is vested in Trustees elected by the Temuka Ngai Tahu.

Section 5

This section was gazetted in 1941 as an urupa for the common use of the Maori residents of Arowhenua. The land is now vested in Trustees elected by the Temuka Ngai Tahu. (48)

Maori Reserve land & Case Studies page 5 -70

TUHAWAIKI POINT

WAIHAO Tuhawaiki Point is sited just below Timaru. It is located on Maori Reserve 903, Block iv! map K 39 D of the Historic Places vii, Waitaki SO. Trust series. This area was where Tuhawaiki, the senior rangatira of Area: 502 acres 0 roods 18 perches the Murihiku Ngai Tabu, was drowned in 1845. Ngai Tabu do not fish this area out of respect to a tribal tragedy, and the area is Description presently being considered as a Marine Reserve. It is on this reserve that the Morven Maori community situ­ ated themselves. There is an urupa and marae sited on section 3~ and both are set aside as a Maori WAIHAO Reservation.

Reserves However, the Waihao Ngai Tabu faced the problem of not being allowed to be buried in WAIKAWA their own urupa because the District Scheme zoning ordi­ Maori Reserve 891, nances did not permit that use.

Block iv I Waitaki SO This meant that many were bur­ ied in Pakeha cemeteries - away Area: 150 acres from their rightful resting place. This matter is specifically dis­ cussed in the Urupa Policy section Description on pp. 4.27 and 4.28.

This reserve was granted by the WAITAKI Native Land Court in 1868. Maori Reserve 12373, Waitaki SO. Area: 150 acres

Description As with Waihao, this reserve was set aside by the Native Land Court in 1868. All the sections here have passed into general title.

Ngai Tahu Resource Management Strategy for the Canterbury Region t page 5 - 71

TAUHINU

WAIMATE Maori Reserve 880, Block xvi & xiii, Waitaki SO. Maori Reserve 888 Area: 23 acres 1 rood 13 Maori Reserve 904 perches Area: MR 888 40 acres MR 904 30 acres Description

Description This reserve was set aside by Mantell in 1848 and surveyed in Traditionally, this area was a 1877. The area has been vested in mahinga kai for fowling. Tui, the Maori Trustee since 1985 who kereru, kaka and weka were taken has leased it for a period of ten from the bush. years.

MR 888 was granted in 1854 by the Native Land Court, and was Silent File: 035 sold in 1965 by the Maori Trustee. Map 5.78}

MR 904 was vested in the Maori Trustee in 1970 and sold by him in 1971. PUNA-Q-MARU

MR 888, section 5, is the burial Maori Reserve, place of Huruhuru, the local chief Block i, Awamoko SO. of the area in the mid 1800s. Because of desecration of the Area: 456 acres urupa, the local council sought to vest the urupa in the Waimate Description Borough Council. The Land Court actioned the Council's wishes in 1935 under the Native Traditionally, Puna-o-Maru was Purposes Act, 1933. a launching place for mokihi travelling up the Waitaki River and on the return journey the mokihi would beach at Tauhinu across the other side of the river.

This reserve lies at the junction of the Waitaki and Awakokomuka Rivers. It was reserved in 1848 by

Maori Reserve Land & Case Studies page 5 - 72 ------Mantell and surveyed in 1890. Area: 18 acres

In 1928 three partitions of section 92 were acquired by the Description Crown and leased in 1929 for 66 years. In 1979 the lease was converted into a deferred payment All of these sections were sur­ licence which would see the land veyed off in 1881, but due to the given freehold title on or before Middle Island Half Castes Act, the year 2000. 1885, not all the land was allo­ cated to the listed half-castes arid the Crown retained part of sec­ The rest of the reserve is now tion 114. The unallocated parts of leased by the Waihao Maori Com­ section 114 were then taken by mittee. the Railways Department in 1955. In 1929 a further 4 acres were taken from section 114 for the According to the local Ngai Waitaki hydro-electric power Tabu, there is an urupa sited in scheme. the middle of the reserve. How­ Today much of the land has ever, the farmer who leased the passed into general title. land has removed the fence, mak­ ing the exact location unclear.

GlENAVY Fishing Easements

PUKAKATI Land set aside in G lenavy for "half-castes" were sections of larger reserves in the area. The Maori Reserve 907, sections were: Block xii, Waimate SO. 1. Section 103, Rsve 642, Block xiv, Waitaki SO. Area: 20 acres Area: 5 acres Description 2. Section 108, Rsve 1644, Block xiv & xv, Waitaki SO. Area: 235 acres 1 rood 30 perches

3. Section 111, Rsve 1644, Block xiv & xv, Waitaki SO.

Area: 12 acres

4. Section 114, Rsve 1644, Block xiv, Waitaki SO.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 - 73

In 1982 this reserve was vested had the power to lease the lands. in the Maori Trustee. The proceeds were to go to the upkeep of the Morven Maori Hall, the Morven Maori Cemetery and the Puna-o-Maru Cemetery. TE HOUIRI

TE AWAKOKOMUKA Maori Reserve 906, Waimatemate SO. Maori Reserve 912, Waimatemate SO. Area: 10 acres 3 roods 15 perches Area: 10 acres 1 rood 10 perches

Description Description This easement is sited near the ,!,ainono Lagoon. Traditionally This was originally a fishing It has been a camping site where the local Ngai Tahu would catch easement at the mouth of the the various types of tuna and duck Waitaki on the northern side. that the lake sustained. " In 1887 the Native Land Court an important Ownership was determined in listed the owners as those who had interests in the Waimatemate mahinga kai of 1887 by the Native Land Court the local Ngai who determined that the owners Reserve, and in 1969 the reserve in the Waimatemate Reserve had was vested in Trustees who were Tahu ... " an interest in T e Houiri. to use the proceeds from the lease to maintain the Morven Maori Hall and the Morven Maori Ceme­ In 1969 the Maori Land Court tery. vested the reserve in Trustees who

MAHINGAKAI

WAINONO

This lake is flanked by two fishing easements, Houiri (MR906) and Pukakati (MR 907). I I • Maori Reserve Land & Case Studies page 5 - 74

the Acclimatisation Society. One petition in 1931, from Korerehu Mihaka and 65 other Ngai Tabu, asked that legislation be passed to give the Waihao Ngai Tabu: "[the] ... free and undis­ turbed right of catching and fishllig and torching for eels, flounders and kanakana on Lake Wamono and Waihao and Wainono is the South Canter­ Waitaki Rivers situated in bury equivalent to lakes T e !he Canterbury Prov­ mce ... Waihora and Wairewa near Banks ... Today we, the descen­ Peninsula. Wamono was an dants of those elders, are important mahinga kai of the local stopped from catching and Ngai Tabu and was used to take torching eels on the Waihao and Waitaki Riv­ lake-sourced food, in a similar ers by the Waimate Accli­ manner to that at Wairewa. matisation Sociery. We also claim the wliole of the lake and land adjoined to our lake reserves and Today the bottom of Wainono the present water line of the lake." is covered in a thick mud which, (49) in some parts, is knee-deep. The area of Wamono has been reduced " It is an by drainage activities which have Nothing came of this petition important tribal also caused the destruction of the and today swan numbers are tauranga ika fish and waterfowl habitat. insufficient to allow the taking of . (fishing their eggs. This outcome could ground). " have been avoided if the Waihao An example is the declineof the Ngai Tabu had not been ignored swan at Wainono. Swan eggs were when management plans for the taken by local Ngai Tabu in the lake were drawn. right season. The swans were cared for and nursed by the Waihao Ngai Tabu and the nests were Waihao Ngai Tabu, however, strengthened by raupo and drift­ are still familiar with the tradi­ wood. During this period, the tional conservation practises eggs were collected but this activ­ relating to Wainono. Their prin­ ity was regulated to maintain a cipal concern is that commercial continual supply. However, due fishing should be banned in the to regulations introduced by the Waihao River and all of the con­ Acclimatisation Society the necting tributaries. Waihao Ngai Tabu had their custodianship role removed. WAIHAO

The Waihao Ngai Tahu have always had problems fishing and This river is important to the caring for the lake because of the Ngai Tabu of the Waihao, actions of Government bodies and Waimate and Waitaki districts.

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 -75

species are still taken there, the The mouth of the river is known quantities are greatly reduced. as "The Box" or more properly as Also, freshwater mussel and cray­ Tu-Karae-o-Pito. The name of the fish were farmed in this river but river recalls that T e Rakaihautu have not been seen for some time. landed here in his journey along the Waitaha coastline. It is an important tribal tauranga ika (fishing ground). PUNATARAKAOA

The river is a mahinga kai and Punatarakaoa refers to part of the waimataitai waters at the the Omarama tributary which is mouth of the river run into also shown on map 5.78 K. Many Wainono. This part of the river is Ngai Tahu have been drowned an important regulator which here and, therefore, local Ngai adjusts the flow of kai mataitai in T ahu are reluctant to take food and out of the river. As with from this area. Wairewa and T e Waihora, the timing of the opening and closing of the mouth needs to consider Silent file: 036 the requirements of migrating fish. This should be done in con­ Map 5.78 K. sultation with the local Ngai "As with all

Tahu. waterways J the tributaries which run into As with all waterways, the tributaries which run into the the main river main river are also important. The are also important tributaries connected to important. " Waihao are:

OMARAMA

Omarama is the first creek which runs off from Pt 14, just off Bradshaw's Road. For a more specific location see map 5.78 K.

The water quality of this part of the river was ideally suited to eel and trout, and while these

Maori Reserve Land & Case Studies page 5 - 76

Ngai Tahu Resource Management Strategy for the Canterbury Region page 5 -77

Notes 18. AJHR, 1891 G-7: 56.

1. Mackay 1872: Papers Relative to the 19. New Zealand Gazette, 1956: 1179. Kaiapoi Reserve.

20. Mackay 2: 208. 2. AJHR. 1891 Go 7: 56. Report by Alexan- der Mackay, under Royal Commission on Middle Island Native Claims. 21. DLS, 1982: 48.

3. Orakei Report IWai 9): 30. 22. New Zealand Gazette, 1946: 703.

4. ibid. 23. New Zealand Gazette, 1949: 1811.

5. Rangiora County Council, Proposed 24. Anderson G.E., "The Queens Chain", The District Scheme, Part 4 11.1). Landscape, J1, New Zealand Institute.

6. ibid., Part 4, 1.2. Ic). 25. Buick, 1976 (36): 75.

7. Mackay, 1871: 210-211. 26. New Zealand Gazette, 1949, 1811.

8. New Zealand Gazette, 1861. 27. New Zealand Gazette, 1979. (1): 20.

9. New Zealand Gazette, 1868: 263. 28. AJHR, 1881, G-6: 90.

10. New Zealand Gazette, 1868: 145. 29. J.P. McAloon, Document H 9, "Wai 27". Ngai Tahu Evidence to the Waitangi Tribunal, p.2. 11. New Zealand Gazette. 1972: 789.

30. ibid., p.4. 12. New Zealand Gazette, 1883: 22.

13. New Zealand Gazette, 1880: 114-115. 31. ibid., p.6.

14. The claim of Te Oti Pita Mutu and 25 others concerning the destruction of their 32. Lands & Survey: 13. fisheries. AJHR, 1880 1-2: 28.

33. ibid., p.12. 15. New Zealand Gazette, 1956: 718.

34. Waitangi Tribunal: Report Wai-17:6. 16. Refer to section on the fishing easements.

35. Lands & Survey: 12. 17. Refer to Brailsford.

Maori Reserve Land & Case Studies page 5 - 78

36. ibid., p.41.

37. McAloon, p.6.

38. C. Brown, Document H 9, "Wai 27", Ngai Tahu Evidence to the Waitangi Tribunal. p.5.

39. Taumutu Runanga Minutebook.

40. New Zealand Gazette, 1883: 1529-1530.

41. New Zealand Gazette, 1941: 1465.

42. New Zealand Gazette, 1945: 82.

43. New Zealand Gazette, 1947: 904.

44. lands and Survey Department Report.

45. Timaru Herald.

46. Waitangi Tribunal Hearings into the Ngai Tahu Claim. Wai-27. (Evidence Documentation referred to is available in the Canterbury Public and Canterbury University libraries, presented by the Ngai Tahu Maori Trust Board). Section 5 maps follow

47. New Zealand Gazette. 1941: 1479. Appendix A :: .. Silent File" Maps 48. New Zealand Gazette, 1941: 1479. at pp 5 - 78 A - K.

49. Petition of Korerehu Mihaka and 65 Appendix B others, MA 1931/292. :: specially made Historic Places Trust aggregated sites maps at pp. 5 - 79 A - K.

Appendix C :: provides detailed site-specific information for the maps of Appendix B at pp 5 - 81 A-X.

Ngai Tahu Resource Management Strategy for the Canterbury Region