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Ngai Tahu Claims Settlement Act 1998  097
Commenced: 1-OCT-1998
SCHEDULE 41: Statutory Acknowledgement for Matakaea (Shag Point)






 SCHEDULE 41

 Sections 205 and 206

 Statutory Acknowledgement for Matakaea (Shag Point)


 Statutory Area

 The statutory area to which this statutory acknowledgement applies is
 the area known as Matakaea Recreation Reserve and Onewhenua Historic
 Reserve, as shown on Allocation Plan MS 9 (S.O. 24686).

 Preamble

 Under section 206, the Crown acknowledges Te Runanga o Ngai Tahu's
 statement of Ngai Tahu's cultural, spiritual, historic, and traditional
 association to Matakaea.

 Ngai Tahu Association with Matakaea

 The name Matakaea recalls the tradition of the Arai Te Uru canoe, which
 capsized off Moeraki. From Moeraki, the crew managed to swim ashore,
 leaving the cargo to be taken ashore by the waves. The crew members fled
 inland and were transformed into the mountains which form the Southern
 Alps.
 The Arai Te Uru tradition is also important because it explains the
 origins of kumara. The story originally began with Roko i Tua who came
 to Aotearoa and met the Kahui Tipua. The Kahui Tipua gave Roko i Tua
 mamaku (tree fern) to eat. However Roko i Tua preferred the kumara that
 he had in his belt which he took out and soaked in a bowl of water. The
 Kahui Tipua tasted the kumara and asked where it was from. Roko i Tua
 replied saying that the kumara came from `across the sea'.
 The Kahui Tipua then made a canoe and, under the leadership of Tu
 Kakariki, went to Hawaiiki and returned with the kumara to Aotearoa.
 The Kahui Tipua planted the kumara but the crop failed. However, Roko
 i Tua had also sailed to Hawaiiki on the canoe called Arai Te Uru. Roko
 i Tua landed at Whangara, Hawaiiki, and learnt the karakia
 (incantations) and tikanga (customs) connected with planting kumara.
 Roko i Tua then gave his canoe to two crew members called Pakihiwitahi
 and Hape ki Tua Raki. The Arai Te Uru returned under the leadership of
 these two commanders and eventually foundered off the Moeraki Coast at
 Matakaea.
 For Ngai Tahu, traditions such as this represent the links between the
 cosmological world of the gods and present generations, these histories
 reinforce tribal identity and solidarity, and continuity between
 generations, and document the events which shaped the environment of Te
 Wai Pounamu and Ngai Tahu as an iwi.
 The Matakaea area has been occupied for many centuries and is the site
 of numerous urupa and wahi tapu. Urupa are the resting places of
 Ngai Tahu tupuna (ancestors) and, as such, are the focus for whanau
 traditions. Urupa and wahi tapu are places holding the memories,
 traditions, victories and defeats of Ngai Tahu tupuna, and are
 frequently protected by secret locations.
 The mauri of Matakaea represents the essence that binds the physical and
 spiritual elements of all things together, generating and upholding all
 life. All elements of the natural environment possess a life force, and
 all forms of life are related. Mauri is a critical element of the
 spiritual relationship of Ngai Tahu Whanui with the area.

  Purposes of Statutory Acknowledgement

 Pursuant to section 215, and without limiting the rest of this schedule,
 the only purposes of this statutory acknowledgement are---
   (a) To require that consent authorities forward summaries of resource
         consent applications to Te Runanga o Ngai Tahu as required by
         regulations made pursuant to section 207 (clause 12.2.3 of the
         deed of settlement); and
   (b) To require that consent authorities, the Historic Places Trust, or
         the Environment Court, as the case may be, have regard to this
         statutory acknowledgement in relation to Matakaea, as provided
         in sections 208 to 210 (clause 12.2.4 of the deed of
         settlement); and
   (c) To empower the Minister responsible for management of Matakaea or
         the Commissioner of Crown Lands, as the case may be, to enter
         into a Deed of Recognition as provided in section 212 (clause
         12.2.6 of the deed of settlement); and
   (d) To enable Te Runanga o Ngai Tahu and any member of Ngai Tahu
         Whanui to cite this statutory acknowledgement as evidence of
         the association of Ngai Tahu to Matakaea as provided in section
         211 (clause 12.2.5 of the deed of settlement).

 Limitations on Effect of Statutory Acknowledgement

 Except as expressly provided in sections 208 to 211, 213, and 215,---
   (a) This statutory acknowledgement does not affect, and is not to be
         taken into account in, the exercise of any power, duty, or
         function by any person or entity under any statute, regulation,
         or bylaw; and
   (b) Without limiting paragraph (a), no person or entity, in
         considering any matter or making any decision or recommendation
         under any statute, regulation, or bylaw, may give any greater or
         lesser weight to Ngai Tahu's association to Matakaea (as
         described in this statutory acknowledgement) than that person or
         entity would give under the relevant statute, regulation, or
         bylaw, if this statutory acknowledgement did not exist in
         respect of Matakaea.
 Except as expressly provided in this Act, this statutory acknowledgement
 does not affect the lawful rights or interests of any person who is not
 a party to the deed of settlement.
 Except as expressly provided in this Act, this statutory acknowledgement
 does not, of itself, have the effect of granting, creating, or providing
 evidence of any estate or interest in, or any rights of any kind
 whatsoever relating to, Matakaea.


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