Ngai Tahu Settlement

SECTION 11 - MAHINGA KAI
Transfer and Vesting of
Properties

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11.1 DEFINITIONS AND INTERPRETATION

11.1.1 In this Section 11, the following terms shall have the
meanings set out below:

Maimai means any hide or shelter for the purpose of game-bird hunting,
and any wheeled mobile hide or shelter that is parked temporarily for the same
purpose (but does not include portable hides or shelters that are built and
removed on the same day);

Transfer Value means, in respect of each Tribal Property, the purchase
price to be paid by Te Runanga to the Crown, as determined by the methodology
and process set out in Attachment 11.15;

Tribal Properties means the properties specified in
Attachments 11.8, 11.9, 11.10, 11.12 and
11.16 which are being vested in fee simple, the properties specified in
Attachments 11.23, 11.31, 11.31A and 11.31B, which are being vested as
reserves, and the properties specified in Attachments 11.7 and
11.13 which are being vested in fee simple subject to section 38 of the
Reserves Act 1977, and, where the context requires, means one of those
properties.

11.1.2 Unconditional Obligations

Clause 17.1 (which provides that this Deed is conditional on the
Settlement Legislation coming into force) does not apply to clauses 11.2.18,
11.2.25 to 11.2.29, 11.4.11A, 11.6.11, 11.7.11 and 11.8.10, or to those
parts of the Valuation Methodology (as set out in Attachment 11.15) which
require performance or action to be taken before the Settlement Date.

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11.2 land to be vested in te RUNANGA in fee simple

11.2.1 Vesting of Tuku Tuku Iwi

The Crown agrees that the Settlement Legislation will provide for the
revocation of the historic reserve status of Tuku Tuku Iwi as described in
Attachment 11.1 and the vesting of the fee simple estate in Tuku Tuku Iwi
in Te Runanga without charge.

11.2.2 Vesting of Te Parinui o Whiti

The Crown agrees that the Settlement Legislation will provide for the
revocation of the conservation status of Te Parinui o Whiti as described in
Attachment 11.2 and the vesting of the fee simple estate in Te Parinui o
Whiti in Te Runanga, without charge and free from the requirement under Part IVA
of the Conservation Act 1987 to reserve a marginal strip.

11.2.3 Te Parinui o Whiti Landlocked

Te Runanga acknowledges that Te Parinui o Whiti (as described in
Attachment 11.2) is completely bordered by the sea and private land and
therefore there is no legal access to Te Parinui o Whiti. The Crown agrees that
the Settlement Legislation will provide that section 129B of the Property Law
Act 1952 will not apply, and neither the Crown nor any third party will be
obliged to provide or facilitate access for Te Runanga to Te Parinui o Whiti.

11.2.4 Sinclair Wetlands, Otago

The Crown agrees that, subject to clause 11.2.4A, the Settlement
Legislation will provide for the vesting in Te Runanga without charge of
Sinclair Wetlands, as described in Attachment 11.3, andif necessary and
applicable, free from the requirement under Part IVA of the Conservation Act
1957 to reserve a marginal strip.

11.2.4A Te Runanga to Assume Liability Under Sinclair Agreement

Te Runanga agrees that the agreement of the Crown pursuant to
clause 11.2.4 to vest Sinclair Wetlands in Te Runanga is subject to the
entry by Te Runanga on the Settlement Date into a Deed of Assignment pursuant to
which Te Runanga will:

(a)

assume all of the Crown's liabilities and obligations pursuant to, and
become the principal obligor under, the unregistered agreement described in
Attachment 11.3; and

(b)

indemnify the Crown for any breach by Te Runanga of those obligations;

provided that that unregistered agreement is still in existence in any form
on the Settlement Date.

11.2.4B Other Matters in Respect of Sinclair Wetlands

Te Runanga and the Crown note that is is one of the objectives of the vesting
of Sinclair Wetlands in Te Runanga that it be vested with the ability for Te
Runanga to use it for purposes which would be consistent with the purposes of a
Nga Whenua Rahui kawenata under Section 77A of the Reserves Act 1977.
Accordingly, if the Covenant described in Attachment 11.3 continues to
bind Sinclair Wetlands, then between the date of this Deed and the Settlement
Date, the Crown and Te Runanga, after consultation with Mr H.A. Sinclair, will
approach the Queen Elizabeth The Second National Trust with a view to obtaining
the agreement of that Trust to replacing the Covenant described in
Attachment 11.3 with a Nga Whenua Rahui kawenata which achieves similar
purposes to the said Covenant, prior to the vesting of Sinclair Wetlands in Te
Runanga pursuant to clause 11.2.4.

11.2.5 Vesting of Te Waiomakua

The Crown agrees that the Settlement Legislation will provide for the revocation of the reserve status of Te Waiomakua as described in Attachment 11.4 and the vesting of the fee simple estate in Te Waiomakua in Te Runanga without charge.

11.2.6 Vesting of Greenpark Huts

The Crown agrees that the Settlement Legislation will provide for the
revocation of the conservation status of Greenpark Huts as described in
Attachment 11.5 and the vesting of the fee simple estate in Greenpark
Huts in Te Runanga without charge.

11.2.7 Vesting of Motutapu

The Crown agrees that the Settlement Legislation will provide for the vesting
of the fee simple estate in Motutapu (as described in Attachment 11.6) in
Te Runanga without charge and free from the requirement under Part IVA of the
Conservation Act 1987 to reserve a marginal strip.

11.2.8 Vesting of Okeina (Okains Bay)

The Crown agrees that the Settlement Legislation will provide for the
cancellation of the appointment of the Banks Peninsula District Council to
control and manage Okeina (Okains Bay) as a recreation reserve under the
Reserves Act 1977, the revocation of the reserve status of Okeina (Okains Bay)
and the vesting of the fee simple estate in the land which comprises Okeina
(Okains Bay) as described in Attachment 11.7, and the building known as
"Tini Ara Pata" on that land, in Te Runanga without charge. For the avoidance of
doubt, references in this clause 11.2.8 and clauses 11.2.8A, 11.2.9,
11.2.9A and 11.2.9B to the Banks Peninsula District Council include
its successors.

11.2.8A Title Extends to Land Only

The Crown agrees that the Settlement Legislation will provide that:

(a)

ownership of the structures and improvements attached to or on the land
which comprises Okeina (Okains Bay), except for the building known as "Tini Ara
Pata", shall not be vested in Te Runanga but shall be vested in the Banks
Peninsula District Council to be held in trust and maintained and administered
(and replaced as considered necessary by the Banks Peninsula District Council)
by the Banks Peninsula District Council for the benefit of the Okeina (Okains
Bay) community, whether or not the land which comprises Okeina/Okains Bay
continues to be controlled and managed as if it were a recreation reserve under
the Reserves Act 1977;

(b)

Banks Peninsula District Council shall not be obliged to remove the
structures and improvements which it owns from their current location on the
land, but may do so if it wishes;

(c)

Banks Peninsula District Council shall have rights of unrestricted access
over the land which comprises Okeina (Okains Bay) for the purposes of use and
maintenance of structures and improvements, whether or not that land continues
to be controlled and managed as if it were a recreation reserve under the
Reserves Act 1977;

(d)

all existing lawful rights of public access to the foreshore and adjoining
beach and the stream adjacent to Okeina (Okains Bay) and of public access to and
recreational use and enjoyment of the Banks Peninsula District Council's
structures and improvements on the land comprising Okeina (Okains Bay) shall
remain unaffected by the vesting of title to the land in Te Runanga, for as long
as, and to the extent that, such rights otherwise remain lawful, and subject to
any regulation of such access and use by the Banks Peninsula District Council
pursuant to the terms of its appointment to control and manage Okeina (Okains
Bay) under clause 11.2.9.

11.2.9 Management of Okeina (Okains Bay) by Banks Peninsula District
Council

Te Runanga agrees to Okeina (Okains Bay) being managed and controlled by the
Banks Peninsula District Council in accordance with section 38(2) of the
Reserves Act 1977 with effect from the Settlement Date, as if it were a
Recreation Reserve and subject to the restrictions, terms and conditions set out
in Attachment 11.7. The Crown agrees that the Settlement Legislation will
provide that:

(a)

for the purposes of sections 38(1) and 38(2) of the Reserves Act 1977, the
agreement of Te Runanga as owner of the land pursuant to this
clause 11.2.9 shall be deemed to be sufficient, and the approval of the
Minister of Conservation shall be deemed to have been given to, Banks Peninsula
District Council managing and controlling Okeina (Okains Bay) as if it were a
recreation reserve and subject to the restrictions, terms and conditions set out
in Attachment 11.7;

(b)

the District Land Registrar shall be directed to record on the Certificate
of Title for the land comprising Okeina (Okains Bay):

(i)

the vesting of the structures and improvements on the land in Banks
Peninsula District Council;

(ii)

the vesting of Tini Ara Pata in Te Runanga;

(ii)

the rights of Banks Peninsula District Council to use and maintain
structures and improvements and to have unrestricted access to them for these
purposes;

(iii)

the management and control of the land by Banks Peninsula District Council
pursuant to clause 11.2.8A and this clause 11.2.9; and

(iv)

the existing lawful rights of public access and of recreational use and
enjoyment affecting part of the land preserved under clause 11.2.8A(f);
and

those matters shall be deemed to amount to interests within the meaning of
section 62 of the Land Transfer Act 1952, and be capable of registration under
the Land Transfer Act 1952 (to the extent that they do not already amount to
such interests).

11.2.9A Continuing Management and Control

Te Runanga and the Crown acknowledge and confirm that the management and
control by Banks Peninsula District Council of Okeina (Okains Bay) as if it were
a recreation reserve pursuant to clause 11.2.9 is intended to continue in
perpetuity.

11.2.9B Lease of Garage

Te Runanga and the Crown note the existence of the agreement entitled "Deed
of Lease" dated 1 April 1997 to John Edward Hartley and agree that that
agreement and any rights which may exist under it shall not be affected by the
vesting of the land comprising Okeina (Okains Bay) in Te Runanga or the vesting
of the buildings in Banks Peninsula District Council pursuant to this Deed.

11.2.10 Vesting of South Bay - Kaikoura

The Crown agrees that the Settlement Legislation will provide, subject to
clauses 11.2.24 and 11.2.25, for the revocation of the reserve
status of South Bay - Kaikoura as described in Attachment 11.8 and the
vesting of the fee simple estate in South Bay - Kaikoura in Te Runanga.

11.2.11 Vesting of The Point - Kaikoura

The Crown agrees that the Settlement Legislation will provide, subject to
clauses 11.2.24 and 11.2.25, for the revocation of the reserve
status of The Point - Kaikoura as described in Attachment 11.9 and the
vesting of the fee simple estate in The Point - Kaikoura in Te Runanga.

11.2.12 Whakamatakiuru (Ellesmere Landing) Preamble

The area known as Whakamatakiuru (Ellesmere Landing), as described in
Attachment 11.10, is currently administered as a landing reserve by the
Selwyn District Council. The Selwyn District Council considered Whakamatakiuru
(Ellesmere Landing) and its future management at a meeting on 14 August 1996 and
passed the following resolution at that meeting:

"That Council advise the Crown Negotiator that they are not opposed to the
land being considered for transfer to the Ngai Tahu as a part of the settlement
subject to:

(a)

The occupants be consulted by the Crown and their interests catered for

(b)

The road to the landing reserve being surveyed and designated as a legal
road to protect public access to the landing

(c)

An agreement reached to close the paper roads adjacent on MR 806 and the
costs of disposal be used to cover the expenses of road legalisation on R 806

(d)

Satisfactory negotiations in regard to the transfer of ownership of the
water supply that services the dwellings situated on R 806."

11.2.13 Vesting of Whakamatakiuru (Ellesmere Landing)

The Crown agrees that the Settlement Legislation will provide, subject to
clauses 11.2.24 and 11.2.25, for the revocation of the reserve
status of Whakamatakiuru (Ellesmere Landing) as described in
Attachment 11.10 and the vesting of the fee simple estate in
Whakamatakiuru (Ellesmere Landing) in Te Runanga, free from the requirement
under Part IVA of the Conservation Act 1987 to reserve a marginal strip.

11.2.14 Leases to be Offered to the Present Occupiers of Whakamatakiuru
(Ellesmere Landing)

Te Runanga agrees to offer formal leases for a term of 5 years with one right
of renewal for a further term of 5 years to the present occupiers of Whakamatakiuru (Ellesmere Landing) upon the vesting of Whakamatakiuru (Ellesmere
Landing), such leases to be on the terms set out in Attachment 11.11, or
on such better terms or conditions for the lessee as Te Runanga agrees. It is
noted that the occupants of Whakamatakiuru (Ellesmere Landing) met with
representatives of Te Runanga to discuss the matter.

11.2.15 Status Quo Retained Until Leases Issued

Te Runanga agrees that until leases are offered to the present occupiers of
Whakamatakiuru (Ellesmere Landing) in accordance with clause 11.2.14,
their occupation of the land will not be interfered with or altered by Te
Runanga.

11.2.16 Application of the Resource Management Act

The Crown agrees that the Settlement Legislation will provide that section 11
and Part X of the Resource Management Act 1991 will not apply to any lease
granted pursuant to clause 11.2.14 if that lease is granted for a term of
20 years or longer (including any rights of renewal).

11.2.17 Survey and Formalisation of Road Through Whakamatakiuru (Ellesmere
Landing)

Acting with the agreement of the Selwyn District Council as set out in the
Preamble in clause 11.2.12, the Crown agrees that the Settlement
Legislation will provide for the laying out of the existing formed road through
Whakamatakiuru (Ellesmere Landing) as shown in Allocation Plan A 196 (SO
Plan 19862) as a road pursuant to Part XXI of the Local Government Act 1974 to
provide public access through Whakamatakiuru (Ellesmere Landing).

11.2.18 Crown to Pay All Costs of Surveying Road

The Crown agrees to pay the costs of laying out the road through
Whakamatakiuru (Ellesmere Landing) pursuant to clause 11.2.17.

11.2.19 Closure of Paper Roads on Whakamatakiuru (Ellesmere Landing
Reserve)

Te Runanga and the Crown note that, upon investigation, it has been
determined that there are no paper roads on Whakamatakiuru (Ellesmere Landing
Reserve) to be closed.

11.2.20 Continuation of Water Supply

Te Runanga and the Crown note that pursuant to a letter from the Selwyn
District Council dated 19 September 1997, the Selwyn District Council agreed to
retain the ownership of, and the responsibilities in relation to the maintenance
and operation of, the water supply to Whakamatakiuru (Ellesmere Landing
Reserve). It was also agreed that this does not preclude Te Runanga and the
Selwyn District Council agreeing to some other form of ownership, maintenance
and operation of the water supply at any time in the future.

11.2.21 Vesting of Matariki

The Crown agrees that the Settlement Legislation will provide, subject to
clauses 11.2.24 and 11.2.25, for the vesting of the fee simple
estate in Matariki, as described in Attachment 11.12, in Te Runanga, free
from the requirement under Part IVA of the Conservation Act 1987 to reserve a
marginal strip.

11.2.22 Vesting of Taramea (Howells Point)

The Crown agrees that the Settlement Legislation will provide, subject to
clauses 11.2.24 and 11.2.25, for the revocation of the reserve
status of Taramea (Howells Point) as described in Attachment 11.13 and
the vesting of the fee simple estate in Taramea (Howells Point) in Te Runanga.

11.2.23 Administration of Taramea (Howells Point) as a Reserve

Te Runanga agrees, notwithstanding clause 11.2.22, that Taramea
(Howells Point) will be managed and controlled by a body consisting of three
persons nominated by Te Runanga and three persons nominated by the Riverton
Community Council as set out in Attachment 11.14, and in accordance with
section 38(2) of the Reserves Act 1977, with effect from the Settlement Date, as
if it were a Recreation Reserve and subject to the terms, restrictions and
conditions set out in Attachment 11.14. The Crown agrees that the
Settlement Legislation will provide that the agreement of Te Runanga in this
clause 11.2.23 shall be sufficient for the purposes of section 38(2) of
the Reserves Act 1977.

TRIBAL PROPERTIES

11.2.24 Value to be Paid by Te Runanga

Te Runanga and the Crown agree that, subject to clauses 11.2.25 and
11.2.28, an amount equal to the Transfer Value of each of the Tribal
Properties will be paid by Te Runanga to the Crown on the date on which that
Tribal Property is transferred to or vested in Te Runanga pursuant to
clause 11.2.30 and as a pre-condition to transfer or vesting.

11.2.25 Right Not to Accept the Tribal Properties

Te Runanga agrees that it will notify the Crown in writing, within 25
Business days after the valuation process has been completed for each Tribal
Property in accordance with Attachment 11.15, as to whether or not it
intends to accept transfer or vesting of that Tribal Property.

11.2.26 Access to Properties

The Crown agrees to allow Te Runanga's representatives access to the Tribal
Properties on reasonable notice and at reasonable times of the day to assist
Te Runanga in its assessment of their Market Value (as that term is defined in
Attachment 11.15).

11.2.27 Notification of Material Events

To assist Te Runanga in its assessment of the Market Value (as that term is
defined in attachment 11.15) of the Tribal Properties, the Crown shall
notify Te Runanga as soon as the Crown becomes aware of any event affecting the
Tribal Properties occurring prior to the date of vesting of the Tribal
Properties pursuant to clause 11.2.30, and which would be reasonably
material to a prudent purchaser's decision to purchase a similar property.

11.2.28 Occurrence of Material Event

Te Runanga and the Crown agree that, if the Crown notifies Te Runanga of an
event affecting a Tribal Property pursuant to clause 11.2.27 at any time
after Te Runanga has notified the Crown that it intends to accept transfer or
vesting of that Tribal Property, but prior to the date of its vesting or
transfer pursuant to clause 11.2.30, then Te Runanga shall as soon as
reasonably practicable thereafter (but in any event by no later than 10.00 am on
the date on which that Tribal Property is to be vested or transferred to Te
Runanga pursuant to clause 11.2.30) notify the Crown in writing that it
does not intend to accept the vesting or transfer of that Tribal Property, and
that Tribal Property shall not be transferred to or vested in Te Runanga. In the
event that Te Runanga receives notification of a material event within 3
Business Days before the date on which a Tribal Property is to be vested, then
the date of vesting of that Tribal Property shall be deferred by 3 Business
Days.

11.2.29 Diminution in Value

Te Runanga and the Crown agree that, in the event that prior to the date of
vesting or transfer of a Tribal Property pursuant to clause 11.2.30, that
Tribal Property is destroyed or damaged and such destruction or damage has not
been made good by the date on which that Tribal Property is to be vested or
transferred pursuant to clause 11.2.30 then if the destruction or damage
has been sufficient to render that Tribal Property incapable of being reasonably
enjoyed by Te Runanga for the purpose for which Te Runanga is to acquire it on
the date on which that Tribal Property is to be vested or transferred pursuant
to clause 11.2.30, Te Runanga may:

(a)

complete the acquisition of the Tribal Property at a price equal to the
Transfer Value less a sum equal to the amount of diminution in value of that
Tribal Property as at the date of vesting or transfer of that Tribal Property
pursuant to clause 11.2.30; or

(b)

notify the Crown in writing that it does not intend to accept the vesting or
transfer of that Tribal Property, and that Tribal Property shall not be
transferred to or vested in Te Runanga.

11.2.30 Vesting of the Tribal Properties

The Crown agrees that the Settlement Legislation will provide that, if Te
Runanga notifies the Crown in accordance with clause 11.2.25 that it
intends to accept transfer or vesting of a Tribal Property, then subject to
clauses 11.2.24, 11.2.28 and 11.2.29(b) and notwithstanding
clauses  20.4.10 and 20.4.12, the reserve or conservation
status of that Tribal Property will be revoked and that Tribal Property will be
transferred to or vested in Te Runanga, pursuant to this clause 11.2, on
the later of:

(a)

the Settlement Date; or

(b)

the Business Day following the date of receipt by the Crown of such
notification,

and:

(i)

where a Tribal Property is being vested in fee simple, a certificate of
title under the Land Transfer Act 1952, subject to all disclosed registrable
encumbrances or other agreed matters required to be noted on the titles, will be
issued as soon as reasonably practicable thereafter but in any event by no later
than 12 months thereafter (or such later date as may be agreed by Te Runanga and
the Crown); or

(ii)

where a valid certificate of title exists already in respect of a Tribal
Property which is being transferred in fee simple, a transfer of such
certificate into the name of Te Runanga shall be submitted for registration on
the date in which the relevant property is to be transferred pursuant to this
clause 11.2.30.

11.2.31 Limit on Crown's Obligations

Te Runanga and the Crown agree that if Te Runanga chooses not to accept
transfer or vesting of any of the Tribal Properties or does not notify the Crown
of its intention pursuant to clause 11.2.25, the Crown shall have no
further obligations to Te Runanga in respect of those Tribal Properties.