The area to which this statutory acknowledgement applies (statutory area) is the area known as the Kaipara Harbour, as shown on SO Plan 70053.
Under section 59 of Te Uri o Hau Claims Settlement Act 2002 (clause 5.2.3 of the deed of settlement), the Crown acknowledges the statement by Te Uri o Hau of the cultural, spiritual, historic, and traditional association of Te Uri o Hau with the Kaipara Harbour as set out below.
Cultural, spiritual, historic, and traditional association of Te Uri o Hau with the statutory area
Te Uri o Hau has used the Kaipara Harbour for food and other resource gathering since long before 1840 and continue to do so today. Te Uri o Hau are kaitiaki (guardians) of the harbour and its resources.
There are many traditional land blocks surrounding the harbour that take their names from indigenous species that live within the Kaipara Harbour environs. There are natural features, which include sandbanks and reefs that have also been named after tupuna of Te Uri o Hau. Many whanau have also been given names that refer to these features. Indeed the very name given to the harbour, Kai meaning food and Para meaning king fern, is our acknowledgment of the sustenance obtained by our people in and around the harbour.
The Kaipara Harbour is a primary source of life and well being for Te Uri o Hau. The harbour has provided kaimoana (seafood) as well as communication routes. This is obvious in the placement of nga marae tuturu (the ancestral marae) of Te Uri o Hau at the headlands and on the foreshores of the harbour. Te Uri o Hau believe that water is the very life force of our people, a basic and core element providing for our own existence.
The harbour is a flowing together of the waters of many rivers as elaborated in the whaikorero (oral history) of our tupuna (ancestors) and honoured by each generation thereafter. The harbour has always been of the utmost importance to Te Uri o Hau.
The Oruawharo River was named after a rangatira, Ruawharo, who resided in the area around the river. The land adjoining the river, where the Te Uri o Hau marae
“Rangimarie” is sited is also named Oruawharo.
Te Uri o Hau have long gathered kaimoana (seafood) from this river and continue to do so today, particularly from the oyster reserve located on the river.
It was on this river that the first settlement of Albertlanders from Manchester was established in the Kaipara area. This settlement not only provided Te Uri o Hau with a market for their goods, but also enabled Te Uri o Hau and the settlers to interact with each other and learn from each other.
As you travel from the mouth of the Oruawharo River, towards the east, you reach the Topuni River, meaning the Rainbow River. Sometimes a rainbow forms above the meeting point of the Oruawharo River and the Topuni River. This rainbow, which can be seen at night as well as in the daylight, is vertical rather than a bow. When this rainbow is present, Te Uri o Hau believe that war is inevitable.
The mauri (life force) of the Oruawharo River 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 Te Uri o Hau with the Oruawharo River.
The Wairoa River is one of the traditional communication links for all of Te Uri o Hau marae around the Kaipara Harbour. The awa (river) was used extensively throughout Te Uri o Hau history and last century prior to roads being established. Te Uri o Hau pa (fortified villages) sites, urupa (burial grounds) and Wahi Tapu (sacred areas) line the shores of the Wairoa River. The Waikaretu Marae was formerly located on the banks of the Wairoa River. It has now been relocated to higher ground.
The association of Te Uri o Hau with the Wairoa River has always been part of our history. Because it is the major transportation river of the northern Kaipara Harbour, many of Te Uri o Hau traditional histories involve the Wairoa. The numerous sandbanks and reefs along the length of the Wairoa River feature in many aspects of Te Uri o Hau history. Rongomai (Ariki of the Mahuhu ki te Rangi our ancestral waka) drowned on the west side of the Wairoa River; Mahanga (a Te Uri o Hau tupuna) and his people drowned at sandbanks now called
“Te Wai a Mahanga” (the waters of Mahanga) and Te Hana (an important maiden in Te Uri o Hau history) rested on three sandbanks of the Wairoa during her swim to Okahukura. Te Uri o Hau kaumatua and kuia also speak of the taniwha (river guardians) whose presence may be observed at times.
For Te Uri o Hau, histories such as these represent the links and the continuity between past and present generations. They reinforce tribal identity and solidarity, and document the events that shaped Te Uri o Hau as a people.
The resources of the Wairoa River have sustained Te Uri o Hau for generations and still do today, although to a lesser degree. The kaimoana (seafood) of the Wairoa River is special to Te Uri o Hau and is considered a taonga (treasure). Te Uri o Hau historically guarded this taonga with extreme jealousy, threatening to kill anyone caught taking their resources without permission, especially if those caught did not belong to the tribe.
The mauri (life force) of the Wairoa River represents the essence that binds the physical and spiritual elements of all things together, generating and upholding life. All elements of the natural environment possess a life force and all forms of life are related. Mauri is critical element of the spiritual relationship for Te Uri o Hau.
The Otamatea is a tidal tributary of the Kaipara Harbour. The land block known as
“Ranganui” meaning the great spur divides the eastern end of the Otamatea into the Wairau River flowing northeast and the Kaiwaka River flowing southeast.
Te Uri o Hau know the part of the Otamatea River that is in front of the Ranganui as the Ranganui River. This part of the Otamatea River was crucial to Te Uri o Hau transportation and communication routes when travelling around the inner parts of their rohe. Traditionally Te Uri o Hau would travel by waka, past Ranganui, onto the Kaiwaka Creek, and then on to Mangawhai to gather kaimoana. As you travel down the Ranganui River toward the northeast you arrive at the Wairau River, which takes you into the township of Maungaturoto. To the southeast, the Ranganui River flows into the Kaiwaka River, which flows into the Kaiwaka township.
Otamatea was named after Tamatea, a visitor from a distant region who traveled extensively throughout Aotearoa. When Tamatea came to the Ranganui River he found footprints along the banks of the tidal creek running from Kaiwaka into the Ranganui River, which indicated that the area was inhabited. In fact the area was inhabited by Te Uri o Hau of Ngati Whatua who claimed to have been in the area since before the great migration.
Tamatea did not see Te Uri o Hau as they surrounded him. But he soon realised that he was surrounded and had no way to escape but to swim the river. Tamatea decided to call his God, Raiera, to come and protect him. Raiera came to him in the shape of a rock by the bank. Tamatea climbed on the rock and it drifted into the middle of the river. Out of curiosity Te Uri o Hau stormed the foreshore and induced Tamatea to return ashore. Tamatea accepted their invitation and thereafter Tamatea was greatly welcomed.
Before returning to the eastern coast, Tamatea said
“In recognition of your kindness and hospitality, I will leave my God, Raiera, in this river as a bridge for my descendants in days to come”. It is called Te Toka Turangi (the Rock of Tamatea) and the river was thereafter called Otamatea. Raiera has been seen at low tide, where the Kaiwaka Creek meets the Ranganui River and then on to the Otamatea River. It was last seen washed ashore at half tide mark outside Aotearoa Marae when Arama Karaka Haututu the Second died in the late 19th or early 20th century.
Some years after Tamatea left, his son lived in the Kaipara area for many years, before returning to the eastern coast. His descendants reside at Otamatea and Oruawharo today.
The Otamatea River played an important part in the life of Te Uri o Hau as part of their traditional communication routes in ancient times and continues to be important today. The Otamatea River is of great spiritual importance to Te Uri o Hau as there are many pa, Wahi Tapu (sacred areas) and urupa (burial sites) along both sides of the river. This river is also renowned for the many species of kaimoana that Te Uri o Hau used.
The mauri (life force) of the Otamatea River 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 Te Uri o Hau with the Otamatea River.
The Arapaoa River received its name, which in translation means Smoky Pathway, when Te Uri o Hau burnt off the scrub around the river once the land around the river was recognised as having good soil for planting crops. Te Uri o Hau Kaumatua and Kuia have said that the smoke was so thick that you had to take every precaution when travelling up the river.
The Arapaoa River flows east into the Pahi River and Paparoa Creek moving in a northerly direction. Te Uri o Hau have a spiritual connection with the Arapaoa River, which is evident today by the many Wahi Tapu (sacred area) sites that can be seen along the river. The river was also one of the main kaimoana (seafood) gathering places, and many Nohoanga (temporary settlements) sites were established along both sides of the river.
Many of Te Uri o Hau wounded from the battle known as Te Ika Ranganui in 1825 died along the shores of the Arapaoa River.
The mauri of the Arapaoa River 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 critical element of the spiritual relationship of Te Uri o Hau with the Arapaoa River.
“to lift the harvest” or to
“lift the nets”. The Whakakei was well known for the big snapper that could be caught there due to the shellfish and worms found only in this area. The shellfish were similar to the toheroa and the shells of these species are still found today on the land as well as in the tidal mud flats. Because of the tremendous resources of this river, Pakarahaki, a rangatira of Te Uri o Hau, reserved it as his own fishing ground.
Te Uri o Hau have spiritual connections to the Whakakei river as seen by the many Wahi Tapu (sacred areas) sites on both sides of the river. The many kaimoana (seafood) species that Te Uri o Hau would seasonally gather from the river are evident from the many middens within the traditional Nohoanga (temporary settlements) areas.
As you travel towards the interior of the Whakakei, you pass the land known as Tuhirangi. The land along the river was very fertile and was used by Te Uri o Hau for many horticultural activities. Because of the fertility of the soil, Te Uri o Hau gifted some of this land to the Reverend William Gittos and his family as a show of friendship and so they would stay in the Kaipara area.
The mauri (life force) of the Whakakei River 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 posses a life force and all forms of life are related. Mauri is the critical element of the spiritual relationship of Te Uri o Hau with the Whakakei River.
Purposes of statutory acknowledgement
Under section 58 of Te Uri o Hau Claims Settlement Act 2002 (clause 5.2.2 of the deed of settlement), and without limiting the rest of this schedule, the only purposes of this statutory acknowledgement are:
(b) to require that consent authorities, Heritage New Zealand Pouhere Taonga or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to the Kaipara Harbour, as provided in sections 60 to 62 of Te Uri o Hau Claims Settlement Act 2002 (clauses 5.2.4, 5.2.5, and 5.2.6 of the deed of settlement); and
Limitations on effect of statutory acknowledgement
Except as expressly provided in sections 58, 60, 61, 62, and 65 of Te Uri o Hau Claims Settlement Act 2002 (clauses 5.2.2, 5.2.4, 5.2.5, 5.2.6, and 5.2.11 of the deed of settlement):
(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 greater or lesser weight to the association of Te Uri o Hau with the Kaipara Harbour than that person or entity would give under the relevant statute, regulation, or bylaw, if no statutory acknowledgement existed in respect of the Kaipara harbour.
Except as expressly provided in Part 5 of Te Uri o Hau Claims Settlement Act 2002, 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 Part 5 of Te Uri o Hau Claims Settlement Act 2002, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, the Kaipara Harbour.
No limitation on the Crown
This statutory acknowledgement does not preclude the Crown from providing a statutory acknowledgement in respect of the Kaipara Harbour to a party or parties other than Te Uri o Hau or Te Uri o Hau governance entity.
Schedule 9: amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).