Ngai Tahu Settlement

11.3 Land to be vested in te Runanga subject to protected private land agreements

11.3.1 Definitions

In this clause:

Huriawa means the land described in Attachment 11.18 and vested in Te Runanga pursuant to clause 11.3.4;

South Bay/Kaikoura Peninsula means the land described in Attachment 11.16 and vested in Te Runanga pursuant to clause 11.3.2;

Mapoutahi means the land described in Attachment 11.19 and vested in Te Runanga pursuant to clause 11.3.5;

Moturata means the land described in Attachment 11.17 and vested in Te Runanga pursuant to clause 11.3.3;

Protected Land means Huriawa, South Bay/Kaikoura Peninsula, Maaapoutahi and Moturata.

11.3.2 South Bay/Kaikoura Peninsula

The Crown agrees that the Settlement Legislation will provide for:

(a)

the revocation of the Harbour Purpose reserve status of South Bay/Kaikoura Peninsula, notwithstanding sections 24 and 25 of the Reserves Act 1977;

(b)

subject to clauses 11.2.24 and 11.2.25 the vesting of the fee simple estate in South Bay/Kaikoura Peninsula in Te Runanga pursuant to clause 11.2.30 and, subject to clause 11.3.6, for Kaikoura
Peninsula to be declared to be protected private land under section 76 of the
Reserves Act 1977; and

(c)

the District Land Registrar to be directed to note a memorial on the title
of South Bay/Kaikoura Peninsula to record that South Bay/Kaikoura Peninsula is
declared to be protected private land under section 76 of the Reserves Act 1977
and the date of the agreement entered into pursuant to clause 11.3.6(b).

11.3.3 Moturata

The Crown agrees that the Settlement Legislation will provide for:

(a)

the revocation of the scenic reserve status of Moturata, notwithstanding
sections 24 and 25 of the Reserves Act 1977;

(b)

the vesting of the fee simple estate in Moturata in Te Runanga without
charge on the Settlement Date free from the requirement under Part IVA of the
Conservation Act 1987 to reserve a marginal strip and, subject to
clause 11.3.6, for Moturata to be declared to be protected private land
under section 76 of the Reserves Act 1977; and

(c)

the District Land Registrar to be directed to note a memorial on the title
of Moturata to record that Moturata is declared to be protected private land
under section 76 of the Reserves Act 1977 and the date of the agreement entered
into pursuant to clause 11.3.6(a).

11.3.4 Huriawa

The Crown agrees that the Settlement Legislation will provide for:

(a)

the revocation of the historic reserve status of Huriawa, notwithstanding
sections 24 and 25 of the Reserves Act 1977;

(b)

the vesting of the fee simple estate in Huriawa in Te Runanga without charge
on the Settlement Date free from the requirement under Part IVA of the
Conservation Act 1987 to reserve a marginal strip and, subject to
clause 11.3.6, for Huriawa to be declared to be protected private land
under section 76 of the Reserves Act 1977; and

(c)

the District Land Registrar to be directed to note a memorial on the title
of Huriawa to record that Huriawa is declared to be protected private land under
section 76 of the Reserves Act 1977 and the date of the agreement entered into
pursuant to clause 11.3.6(a).

11.3.5 Mapoutahi

The Crown agrees that the Settlement Legislation will provide for:

(a)

the revocation of the historic reserve status of Mapoutahi, notwithstanding
sections 24 and 25 of the Reserves Act 1977;

(b)

the vesting of the fee simple estate in Mapoutahi in Te Runanga without
charge on the Settlement Date free from the requirement under Part IVA of the
Conservation Act 1987 to reserve a marginal strip and, subject to
clause 11.3.6, for Mapoutahi to be declared to be protected private land
under section 76 of the Reserves Act 1977; and

(c)

the District Land Registrar to be directed to note a memorial on the title
of Mapoutahi to record that Mapoutahi is declared to be protected private land
under section 76 of the Reserves Act 1977 and the date of the agreement entered
into pursuant to clause 11.3.6(a).

11.3.6 Implementation

Te Runanga and the Crown agree that:

(a)

Te Runanga and the Minister of Conservation shall on the Settlement Date
enter into agreements in the forms set out in Attachment 11.20 in respect
of Huriawa, Mapoutahi, and Moturata;

(b)

Te Runanga and the Crown shall enter into an agreement in the form set out
in Attachment 11.20 in respect of South Bay/Kaikoura, on the date on
which it is vested in Te Runanga pursuant to clause 11.2.30; and

(c)

within 21 Business Days after the Settlement Date, the Crown through the
Minister of Conservation shall declare, by notice in the New Zealand Gazette,
the Protected Land to be protected private land pursuant to section 76 of the
Reserves Act 1977.

11.3.7 Discontinuance of Agreements

The Crown agrees that the Settlement Legislation will provide for the parties
to be able to agree to discontinue any of the agreements entered into pursuant
to clause 11.3.6(a) and (b) in which case the memorials required
by clauses 11.3.2(c), 11.3.3(c), 11.3.4(c) and 11.3.5(c) will be
removed from the title of the Protected Land.

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11.4 te Runanga to administer Reserves

11.4.1 Te Runanga to be Administering Body

The Crown agrees that the Settlement Legislation will provide for the
definition of "Administering body" in section 2 of the Reserves Act 1977 to
include Te Runanga.

11.4.2 Appointment of Te Runanga to Hold and Administer Kahutara

The Crown agrees that the Settlement Legislation will provide that Kahutara,
as described in Attachment 11.21, will be vested in Te Runanga on the
Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as
a Recreation Reserve subject to section 17 of that Act, and subject to the
conditions and restrictions imposed pursuant to section 26(2) of that Act and
set out in Attachment 11.21.

11.4.3 Appointment of Te Runanga to Hold and Administer Omihi/Goose
Bay

The Crown agrees that the Settlement Legislation will provide that
Omihi/Goose Bay, as described in Attachment 11.22, will be vested in Te
Runanga on the Settlement Date as if vested pursuant to section 26 of the
Reserves Act 1977, as a Recreation Reserve subject to section 17 of that Act,
and subject to the conditions and restrictions imposed pursuant to section 26(2)
of that Act and set out in Attachment 11.22.

11.4.4 Appointment of Te Runanga to Hold and Administer Oaro

The Crown agrees that the Settlement Legislation will provide that, subject
to clauses 11.2.24 and 11.2.25, Oaro, as described in
Attachment 11.23, will be vested in Te Runanga on the Settlement Date as
if vested pursuant to section 26 of the Reserves Act 1977, as a Recreation
Reserve subject to section 17 of that Act, and subject to the conditions and
restrictions imposed pursuant to section 26(2) of that Act and set out in
Attachment 11.23.

11.4.5 Creation of Historic Reserve at Otukoro

The Crown agrees that the Settlement Legislation will provide that Otukoro,
as described in Attachment 11.24, will be deemed to be declared a reserve
and classified, as if it were classified pursuant to section 16 of the Reserves
Act 1977, as an Historic Reserve subject to section 18 of the Reserves Act 1977,
and vested in Te Runanga on the Settlement Date as if vested pursuant to
section 26 of the Reserves Act 1977.

11.4.6 Appointment of Te Runanga to Hold and Administer Maerewhenua

The Crown agrees that the Settlement Legislation will provide that
Maerewhenua, as described in Attachment 11.25, will be vested in Te
Runanga on the Settlement Date as if vested pursuant to section 26 of the
Reserves Act 1977, as an Historic Reserve subject to section 18 of that Act.

11.4.7 Appointment of Te Runanga to Hold and Administer Takiroa

The Crown agrees that the Settlement Legislation will provide that Takiroa,
as described in Attachment 11.26, will be vested in Te Runanga on the
Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as
an Historic Reserve subject to section 18 of that Act.

11.4.8 Appointment of Te Runanga to Hold and Administer Katiki

The Crown agrees that the Settlement Legislation will provide that Katiki, as
described in Attachment 11.27, will be vested in Te Runanga on the
Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as
an Historic Reserve subject to section 18 of that Act, and subject to the
conditions and restrictions imposed pursuant to section 26(2) of that Act and
set out in Attachment 11.27.

11.4.9 Appointment of Te Runanga to Hold and Administer Onawe Pa

The Crown agrees that the Settlement Legislation will provide that Onawe Pa,
as described in Attachment 11.28, will be vested in Te Runanga on the
Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as
an Historic Reserve subject to section 18 of that Act.

11.4.10 Creation of Reserve around Kopuwai

The Crown agrees that the Settlement Legislation will provide that, if the
area described in Attachment 11.29, presently included in Pastoral Lease
386/69 (Otago Land Registry), is surrendered to the Crown to be held as a
conservation area, it will be deemed to be declared a reserve and classified, as
if it were classified pursuant to section 16 of the Reserves Act 1977, as an
Historic Reserve subject to section 18 of the Reserves Act 1977, and vested in
Te Runanga as if vested pursuant to section 26 of the Reserves Act 1977, and
subject to the conditions and restrictions imposed pursuant to section 26(2) of
that Act and set out in Attachment 11.29, on the later of the Settlement
Date or the Business Day following the date on which it is surrendered.Te
Runanga and the Crown agree that the rights of the lessee under that pastoral
lease, in particular with respect to tenure review, shall not be affected in any
way under this clause.

11.4.11 Creation of Historic Reserve at Kawarau Gorge

The Crown agrees that the Settlement Legislation will provide:

(a)

for the area described in Part A of Attachment 11.30 to be deemed to
be declared a reserve and classified, as if it were classified pursuant to
section 16 of the Reserves Act 1977, as an Historic Reserve subject to
section 18 of the Reserves Act 1977 (so that it is no longer a marginal strip
under section 24 of the Conservation Act 1987) prior to the vesting of the area
in Te Runanga on the later of the Settlement Date or the date on which a survey
has been completed for that area (which date shall be no later than 12 months
after the Settlement Date) as if vested pursuant to section 26 of the Reserves
Act 1977, and subject to the conditions and restrictions imposed pursuant to
section 26(2) of that Act and set out in Attachment 11.30; and

(b)

that, if the Central Otago District Council agrees, and subject to all
statutory processes which may be applicable to the revocation of reserve status,
for the reserve status of the area described in Part B of
Attachment 11.30 to be revoked, and for that area to be deemed to be
declared a reserve and classified, as if it were classified pursuant to
section 16 of the Reserves Act 1977, as an Historic Reserve subject to
section 18 of the Reserves Act 1977, and vested in Te Runanga on the later of
the Settlement Date or the date on which the original reserve status is revoked,
as if vested pursuant to section 26 of the Reserves Act 1977, and subject to the
conditions and restrictions imposed pursuant to section 26(2) of that Act and
set out in Attachment 11.30.

11.4.11A Additional site at Kawarau Gorge

The Crown agrees that it will, through the Minister in Charge of Treaty of
Waitangi Negotiations write to the Central Otago District Council requesting
that it agree to these matters set out in clause 11.4.11(b). Te Runanga
acknowledges that the Central Otago District Council may at its discretion
agree.

11.4.12 Appointment of Te Runanga to Hold and Administer Waipapa Point

The Crown agrees that the Settlement Legislation will provide that, subject
to clauses 11.2.24 and 11.2.25, Waipapa Point, as described in
Attachment 11.31, will be vested in Te Runanga on the Settlement Date as
if vested pursuant to section 26 of the Reserves Act 1977, as a Scenic Reserve
subject to section 19 of that Act, and subject to the conditions and
restrictions imposed pursuant to section 26(2) of that Act and set out in
Attachment 11.31.

11.4.13 Appointment of Te Runanga to Hold and Administer Maranuku

The Crown agrees that the Settlement Legislation will provide that, subject
to clauses 11.2.24 and 11.2.25, Maranuku, as described in
Attachment 11.31A, will be vested in Te Runanga on the Settlement Date as
if vested pursuant to section 26 of the Reserves Act 1977, as a Scenic Reserve
subject to section 19 of that Act.

11.4.14 Creation of Scenic Reserve at Moeraki Lake

The Crown agrees that the Settlement Legislation will provide, subject to
clauses 11.2.24 and 11.2.25, for the revocation of the reservation
of the area described in Attachment 11.31B as a Wildlife Refuge,
notwithstanding the Wildlife Act 1953, and for that area to be deemed to be
declared a reserve and classified as if it were classified pursuant to
section 16 of the Reserves Act 1977, as a Scenic Reserve and vested in Te
Runanga on the Settlement Date as if vested pursuant to section 26 of the
Reserves Act 1977, and subject to section 19 of that Act, subject to the
conditions and restrictions imposed pursuant to section 26(2) of that Act and
set out in Attachment 11.31B.

11.4.15 Creation of New Reserve at Wairewa

The Crown agrees that the Settlement Legislation will provide:

(a)

for the revocation of the existing reserve or conservation status of the
areas described in Part A of Attachment 11.31E on the Settlement
Date;

(b)

that, subject to the inclusion of the roads described in
clause 11.4.15(c) pursuant to that clause, for the areas described in
Part A of Attachment 11.31E to be deemed to be declared a reserve
and classified, as if classified pursuant to section 16 of the Reserves Act
1977, as an Historic Reserve subject to section 18 of that Act, and vested in Te
Runanga on the Settlement Date as if vested pursuant to section 26 of the
Reserves Act 1977, and subject to the conditions and restrictions imposed
pursuant to section 26(2) of that Act and set out in Part B of
Attachment 11.31E;

(c)

that, if the Banks Peninsula District Council agrees, and subject to all
applicable statutory processes, for the closure of the legal (but unformed) road
in the areas referred to in clause 11.4.15(b) and shown on Allocation
Plan MS 511 (SO Plan 19893) and the vesting of those roads in Te
Runanga on the date on which such roads are closed, as part of the Historic
Reserve to be created pursuant to and on the terms set out in
clause 11.4.15(b).

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11.5 CHANGES OF NAME AND/OR CLASSIFICATION

11.5.1 Change of Name of Mount Cook National Park

The Crown agrees that the Settlement Legislation will provide for an
amendment to section 6(1)(f) of the National Parks Act 1980, to change the name
of Mount Cook National Park to "Aoraki/Mount Cook National Park".

11.5.2 Change of Name and Classification of Omihi/Goose Bay Scenic
Reserve

The Crown agrees that the Settlement Legislation will provide for:

(a)

the change of classification of the Omihi/Goose Bay Scenic Reserve (as
described in Attachment 11.32) to be deemed to have been changed pursuant
to section 24 of the Reserves Act 1977 from its current status as a Scenic
Reserve to an Historic Reserve subject to section 18 of that Act; and

(b)

the name of the Omihi/Goose Bay Scenic Reserve to be deemed to have been
changed to "O Tamakura Historic Reserve" pursuant to section 16(10) of the
Reserves Act 1977.

11.5.3 Change of Name of Bluff Hill Scenic Reserve

The Crown agrees that the Settlement Legislation will provide for the name of
the Bluff Hill Scenic Reserve (as described in Attachment 11.32) to be
deemed to have been changed to "Motupohue Scenic Reserve" pursuant to
section 16(10) of the Reserves Act 1977.

11.5.4 Change of Name of Shag Point Recreation Reserve

The Crown agrees that the Settlement Legislation will provide for the name of
the Shag Point Recreation Reserve (as described in Attachment 11.32) to
be deemed to have been changed to "Matakaea Recreation Reserve" pursuant to
section 16(10) of the Reserves Act 1977.

11.5.5 Change of Name of Maungaatua Scenic Reserve

The Crown agrees that the Settlement Legislation will provide for the name of
the Maungaatua Scenic Reserve (as described in Attachment 11.32) to be
deemed to have been changed to "Maukaatua Scenic Reserve" pursuant to
section 16(10) of the Reserves Act 1977.

11.5.6 Change of Name of Castle Hill Conservation Area

The Crown agrees that the Settlement Legislation will provide for the name of the Castle Hill Conservation Area (as described in Attachment 11.32) to be deemed for the purposes of section 18(3) of the Conservation Act 1987 to be the "Kura Tawhiti Conservation Area".

11.5.7 Change of Name of Wilsher Bay Scenic Reserve

The Crown agrees that the Settlement Legislation will provide for the name of
the Wilsher Bay Scenic Reserve (as described in Attachment 11.31A) to be
deemed to have been changed to "Maranuku Scenic Reserve" pursuant to
section 16(10) of the Reserves Act 1977.

11.5.8 Change of Name of Moeraki Lake Site

The Crown agrees that the Settlement Legislation will provide for the name of
the Moeraki Lake Site (as described in Attachment 11.31B) to be deemed to
have been changed to "Moeraki Scenic Reserve" pursuant to section 16(10) of the
Reserves Act 1977.