Ngai Tahu Settlement

11.6 vesting of BED OF TE WAIHORA

11.6.1 Definitions

In this clause:

Bed of Te Waihora means such land as is in Crown ownership, much of it
beneath the variable body of water known as Te Waihora or Lake Ellesmere
described in Attachment 11.33 and the boundaries of which:

(a)

are generally shown by a continuous black line in Allocation Plan MS
33 (SO Plan 19835);

(b)

where legal public roads are shown on that Allocation Map as bordering the
lake edge, consist of the edge of those roads nearest to the lake;

but which exclude:

(c)

the land at, and extending from, the mouth of the Selwyn River and shown in
cross-hatching on Allocation Map MS 33/2 (SO Plan 19835), excluded so as
to provide legal access to the Bed of Te Waihora;

(d)

subject to clause 11.6.2A, the Selwyn Delta River Protection Reserve
which is vested in the Canterbury Regional Council; and

(e)

Greenpark Sands;

Greenpark Sands means the area known as Greenpark Sands shown in
single line hatching in Allocation Plan MS 33 (SO Plan 19835);

Joint Management Plan means the management plan to be prepared by
Te Runanga and the Crown pursuant to clause 11.6.19;

Mahinga Kai means, for the purposes of the Joint Management Plan, the
customary gathering of food and natural materials and the places where those
resources are gathered;

Order means any Enforcement Order made under section 319 of the
Resource Management Act 1991, Interim Enforcement Order made under section 320
of that Act, Abatement Notice which is required to be complied with under
section 323 of that Act or any order of any Court;

Secretary of Te Runanga has the meaning set out in the Charter, and
includes any persons to whom the functions of the Secretary of Te Runanga have
properly been delegated.

Selwyn Delta River Protection Reserve means the Reserve as shown on
Allocation Plan MS 33 (SO Plan 19835);

11.6.2 Crown to Vest Fee Simple Title in Te Runanga

The Crown agrees that the Settlement Legislation will provide for the
revocation of the conservation status of the Bed of Te Waihora (notwithstanding
sections 18(7), 18(8) and 26 of the Conservation Act and section 11 and Part X
of the Resource Management Act 1991) and the vesting in Te Runanga on the
Settlement Date of an estate in fee simple in the Bed of Te Waihora on the terms
set out in this clause 11.6.

11.6.2A Vesting of River Protection Reserve

The Crown agrees the Settlement Legislation will provide that:

(a)

if the Canterbury Regional Council agrees, and subject to any processes,
statutory or otherwise, which the Canterbury Regional Council considers in its
discretion are necessary or desirable, the reserve status of the Selwyn Delta
River Protection Reserve will be revoked, and that Reserve will be vested in Te
Runanga in fee simple on the later of the Settlement Date or 5 Business Days
after the date upon which the Canterbury Regional Council agrees that Reserve
may be so vested;

(b)

the Settlement Legislation will provide that if the Canterbury Regional
Council agrees that the Selwyn Delta River Protection Reserve will be vested in
Te Runanga pursuant to clause 11.6.2A(a), it will be deemed to be
included in the definition of the "Bed of Te Waihora" for the purposes of this
clause 11.6, and all of the terms of vesting and ownership of the Bed of
Te Waihora set out in this clause 11.6 shall apply to the vesting in and
ownership of the Selwyn Delta River Protection Reserve by Te Runanga;

11.6.3 Title Extends to Bed Only

The Crown agrees that the Settlement Legislation will provide that ownership
of the Bed of Te Waihora shall not of itself confer upon Te Runanga any rights
or obligations of ownership, management or control of the waters of Te Waihora
or of the aquatic life (other than plants attached to the Bed) of Te Waihora, or
of any structures attached to or in the Bed of Te Waihora and listed in Part
B of Attachment 11.33.

11.6.4 Part IVA Conservation Act 1987

The Crown agrees that the Settlement Legislation will provide that Part IVA
of the Conservation Act 1987 shall not apply to the vesting of the Bed of Te
Waihora in Te Runanga pursuant to this clause 11.6.

11.6.5 Easements and Licences in Respect of Channel to the Sea

Te Runanga and the Crown agree that the vesting of fee simple in the Bed of
Te Waihora in Te Runanga shall be subject to the granting of an easement over
the Bed of Te Waihora to enable the Canterbury Regional Council (or other holder
for the time being of an appropriate resource consent) to open and close a
channel from Te Waihora to the sea in compliance with the National Water
Conservation (Lake Ellesmere) Order 1990 (SR 1990/155), in the form annexed as
Attachment 11.34.

11.6.6 Issue of Certificates of Title

The Crown agrees that the Settlement Legislation will provide for the issue
to Te Runanga of a certificate of title under the Land Transfer Act 1952 to the
estate in fee simple so vested, subject to all disclosed registrable
encumbrances or other agreed matters required to be noted on the title, as soon
as reasonably practicable after the Settlement Date but in any event no later
than 2 years thereafter (or such other date as may be agreed by Te Runanga and
the Crown). The Crown will pay all survey and registration costs incurred in
order to vest the Bed of Te Waihora in Te Runanga pursuant to this
clause 11.6, including costs relating to the survey of the easement
described in clause 11.6.5.

11.6.7 Existing Public Access and Use

The Crown agrees that the Settlement Legislation will provide that all
existing lawful rights of public access to and of recreational use and enjoyment
affecting the Bed of Te Waihora (not including the use of Maimais) shall remain
unaffected by the vesting of title to the Bed of Te Waihora in Te Runanga, for
as long as, and to the extent that, such rights otherwise remain lawful.

11.6.8 Indemnities relating to lakebed

The Crown will indemnify Te Runanga:

(a)

from and against all actions, claims, demands, losses, damages, costs and
expenses for which Te Runanga shall become liable arising from loss or damage to
the property of, or death or injury to, any member of the public on any part of
the Bed of Te Waihora in accordance with the rights of access and recreational
use and enjoyment referred to in clause 11.6.7 unless such loss, damage,
death or injury is caused or contributed to by any act, omission, neglect or
breach of this clause 11.6 on the part of Te Runanga or any employee,
contractor or agent of Te Runanga; and

(b)

in the event that Te Runanga is required by any Order to remove from any
part of the bed of Te Waihora or otherwise clean up any hazardous substances or
debris which is located in, on or under the bed of Te Waihora and which is
reasonably attributable to the past use by the Crown of parts of the bed of Te
Waihora as an air weapons range and an army firing range, then:

(i)

the Crown will, subject to clauses 11.6.8(b)(ii) to (iv),
indemnify Te Runanga against reasonable costs and expenses incurred by Te
Runanga in undertaking that removal or clean up;

(ii)

as soon as reasonably practicable after Te Runanga is served with an Order,
Te Runanga shall give notice to the Crown, giving details of the work which Te
Runanga is required to undertake and indicating that a claim under the indemnity
set out in this clause 11.6.9(b) will be made. The Crown may, by notice
given to Te Runanga not later than 10 Business Days after the notice given to
the Crown by Te Runanga, request that Te Runanga takes such steps as are open to
it and are specified in the notice to contest the Order (which may include
exercising any rights of appeal or rights to be heard) and, subject to the Crown
indemnifying Te Runanga against the costs and expenses of doing so, Te Runanga
shall comply with any such reasonable request and shall notify the Crown of the
outcome;

(iii)

if the Crown does not give a notice under clause 11.6.8(b)(ii), or it
does give such a notice and, notwithstanding compliance with that notice by Te
Runanga, an Order of the kind described in this clause 11.6.8(b)
continues in force, then the Crown may, by notice given to Te Runanga not later
than 20 Business Days after the date of the notice given by Te Runanga of the
Order or the outcome of the steps taken by Te Runanga under clause
11.6.8(b)(ii) (as the case may be), elect to undertake the removal or
clean up itself instead of indemnifying Te Runanga under
clause 11.6.8(b)(i). If the Crown does not elect, or is not lawfully
permitted, to undertake the clean up or removal, or does elect to do so but
fails to do so, then, subject to clause 11.6.8(b)(iv), the Crown shall
indemnify Te Runanga under clause 11.6.8(b)(i); and

(iv)

prior to incurring any costs and expenses in undertaking the removal or
clean up, Te Runanga shall obtain the approval of the Crown as to the proposed
method of removal or clean up and the amount of such costs and expenses, which
approval shall not be unreasonably withheld, and shall not be withheld if the
proposed method is a requirement of the Order.

11.6.9 Existing Lawful Commercial Use and Structures

The Crown agrees that the Settlement Legislation will provide that the
existing lawful commercial uses affecting the Bed of Te Waihora and all rights
of ownership, use and occupation of the existing structures in or upon the Bed
of Te Waihora described in Parts A and B of Attachment 11.34 shall
continue in effect for as long as and to the extent that such rights otherwise
remain lawful.

11.6.10 Condition of Bed of Te Waihora

Te Runanga and the Crown agree that:

(a)

the Bed of Te Waihora will be vested in its state and condition as at the
date of this Deed; and

(b)

without limiting clauses 16.1.2, 17.3.1 and 17.3.2 but subject to
clause 11.6.8(b) and 20.4.7(c) Te Runanga will have no future
recourse or action against the Crown, nor will it seek future recompense from
the Crown in relation to the Bed of Te Waihora.

11.6.11 Crown to Maintain Condition

The Crown agrees that between the date of this Deed and the Settlement Date
it will maintain and administer the Bed of Te Waihora in substantially the same
condition as at the date of this Deed (subject to events beyond the control of
the Crown) and in accordance with its existing management and administration of
the Bed of Te Waihora.

11.6.12 Registration of Interests on Title

The Crown agrees that the Settlement Legislation will provide for a direction
to the District Land Registrar to record the matters intended to be protected by
clauses 11.6.5, 11.6.7 and 11.6.9 on the Certificate of Title as matters
to which the fee simple estate is subject (as well as the existence of the Joint
Management Plan, as amended or reviewed from time to time) and that 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).

11.6.13 Maimais

The Crown agrees that :

(a)

the Settlement Legislation will provide that, subject to
clause 11.6.13(b), the continued use of Maimais on the Bed of Te Waihora
and other properties owned by Te Runangashall be at the discretion of Te
Runanga;

(b)

Te Runanga and the Crown acknowledge and confirm that they have entered into
an agreement dated 23 September 1997 with the North Canterbury Fish and Game
Council for the use, control and management by the North Canterbury Fish and
Game Council of Maimais on the Bed of Te Waihora and other areas, as shown in
Attachment 11.36; and

(c)

the Settlement Legislation will provide that the Minister of Conversation
and the North Canterbury Fish and Game Council are empowered to enter into the
agreement described in clause 11.6.13(b) and that the North Canterbury
Fish and Game Council may lawfully undertake and perform the rights, duties and
obligations to which it has agreed.

11.6.14 Statutory Adviser

The Crown agrees that the Settlement Legislation will provide that the land
administered by the Department of Conservation from time to time described in
clauses 11.6.15(b) and (c) and subject to the joint management
plan shall be Sites for the purposes of clause 12.4.

11.6.15 Joint Management Plan

The Crown agrees that the Settlement Legislation will provide that the
Minister of Conservation shall have the power to agree with the owners of the
areas described in clauses 11.6.15(a), (d) and (e) that a joint
management plan be prepared for the integrated management of some or all of the
areas specified in clauses 11.6.15(a) to (e) and the natural and
historic resources within those areas, for such purposes and pursuant to such
processes as they may agree from time to time, including processes for review
and amendment. The specified areas are:

(a)

the Bed of Te Waihora and Te Waiomakua (as described in
Attachment 11.4);

(b)

the areas described in Attachment 11.35 as long as they are held,
managed or administered under the Conservation Act 1987 or the statutes listed
in the First Schedule to the Conservation Act 1987;

(c)

any areas within 500 metres of the bed of Te Waihora (or as otherwise agreed
by the Minister of Conservation and Te Runanga) which may subsequently be
acquired, managed or administered under the Conservation Act 1987 or the
statutes listed in the First Schedule to the Conservation Act 1987 (excluding
any such areas held and managed under those Acts by Fish and Game Councils) for
so long as they are so held, managed, or administered;

(d)

any further associated areas which may by agreement with the owners of those
areas be included in the area covered by the management plan; and

(e)

such other areas as may be agreed by Te Runanga and the Crown.

11.6.16 Application of Section 17A of the Conservation Act 1987

The Crown agrees that the Settlement Legislation will provide that, the
provisions of sections 17A(b), 17W(7) and 17W(8) of the Conservation Act 1987
shall apply with respect to the areas described in clauses 11.6.15(b) and
(c) as if the reference to "conservation management plans" in those
sections was a reference to a joint management plan, or, if a joint management
plan is not prepared and approved for those areas, a reference to a conservation
management plan.

11.6.17 Non-Derogation From Legislation and Other Matters

The Crown agrees that the Settlement Legislation will provide that nothing in
a joint management plan shall derogate from:

(a)

with respect to the areas described in clauses 11.6.15(b) and
(c) any provision in, or policy approved under, the Conservation Act
1987, or the statutes listed in the First Schedule to the Conservation Act 1987,
or any provision in the relevant conservation management strategy;

(b)

with respect to the area described in clause 11.6.15(a), any relevant
iwi management plan approved by Te Runanga which relates to that area; and

(c)

with respect to all of the areas covered by a joint management plan, any
other legislation, including the Settlement Legislation.

11.6.18 Effect of Joint Management Plan

The Crown agrees that the Settlement Legislation will provide that:

(a)

a joint management plan shall have effect on and from the date specified in
that joint management plan;

(b)

a joint management plan shall not of itself restrict or affect the exercise
of any legal right or power by any person other than the Minister or
Director-General, who shall each have the same obligations in respect of a joint
management plan as they would have in respect of a conservation management plan
under the Conservation Act 1987, or the owner of the land covered by the joint
management plan;

(c)

any purposes and processes which the Minister of Conservation may agree
pursuant to clause 11.6.15 shall be binding upon the Minister of
Conservation and the Director-General; and

(d)

if the Minister of Conservation and the owners of the areas described in
clauses 11.6.15(a), (d) and (e) agree to amend the purposes of and
processes for preparation of a joint management plan pursuant to
clause 11.6.15, the Minister of Conservation shall notify any such
amended agreement in the New Zealand Gazette, for the purpose of public
information.

11.6.19 Process for Preparation of Joint Management Plan

Te Runanga and the Crown agree that a Joint Management Plan in respect of the
areas described in clause 11.6.15 will be prepared and approved pursuant
to the following process and with the following purposes:

(a)

the purposes of the Joint Management Plan will be to establish detailed
objectives:

(i)

for the integrated management of natural and historic resources within the
areas covered by the plan for Mahinga Kai and conservation purposes and for the
purposes for which the areas described in clauses 11.6.15(b) and
(c) are held, including recreation purposes (where appropriate) to the
extent, with respect to the areas described in clauses 11.6.15(b)
and (c), that Mahinga Kai purposes are consistent with the purposes for
which that land is held;

(ii)

where this can be accommodated consistent with clause 11.6.19(a)(i),
for the management of the areas covered by the plan for tourism purposes;

(iii)

where this can be accommodated consistent with clause 11.6.19(a)(i),
to recognise the national and international significance of Te Waihora; and

(iv)

to identify any adverse effects of public access or recreational use and
enjoyment upon the Mahinga Kai and conservation values of the bed of Te Waihora
and to recommend to the Minister of Conservation the making of bylaws to
prohibit or regulate such public access or recreational use and enjoyment;

(b)

the Joint Management Plan shall be prepared by the Secretary of Te Runanga
and the Director-General;

(c)

when preparing the Joint Management Plan, the Secretary of Te Runanga and
the Director-General shall have regard to any relevant concessions for the time
being in force and to existing freshwater fisheries management plans and sports
fish and game management plans under the Conservation Act 1987 and the agreement
described in clause 11.6.13(b);

(d)

before preparing the Joint Management Plan the Secretary of Te Runanga and
the Director-General shall:

(i)

give notice of their intention to do so to the North Canterbury Conservation
Board, the appropriate Papatipu Runanga (through Te Runanga), the North
Canterbury Fish and Game Council, the Canterbury Regional Council, the Selwyn
District Council, the Banks Peninsula District Council and such other persons or
organisations as the Secretary of Te Runanga and the Director-General may agree
are appropriate and practicable; and

(ii)

in that notice, invite those persons and organisations referred to in
clause 11.6.19(d)(i) to send to the Secretary of Te Runanga and/or the
Director-General written suggestions on the proposed plan, within a time
specified in the notice, including identification of issues which, in their
view, should be addressed by the Joint Management Plan and (where relevant) how
those issues relate to their respective functions;

(e)

in preparing the Joint Management Plan, the Secretary of Te Runanga and the
Director-General will give full consideration to any comments received from the
persons and organisations referred to in clause 11.6.19(d)(i), insofar as
such comments are consistent with the purposes of the Joint Management Plan
described in clause 11.6.19(a);

(f)

in the preparation of the Joint Management Plan, the Secretary of Te Runanga
and the Director-General may each consult such other persons as they consider
appropriate, and lodge submissions on the outcome of such consultation by the
date specified pursuant to clause 11.6.19(h)(ii);

(g)

the draft Joint Management Plan shall be prepared by the Secretary of
Te Runanga and the Director-General and, within 5 years from the Settlement
Date, shall be notified by publishing a notice in a daily newspaper or
newspapers circulating in the area where Te Waihora is situated, and in any
other manner that either the Secretary of Te Runanga or the Director-General may
think appropriate;

(h)

the notice of the draft Joint Management Plan given pursuant to
clause 11.6.19(g) shall:

(i)

state that the draft Joint Management Plan is available for inspection at
the places and times specified in the notice; and

(ii)

call upon persons or organisations interested to lodge with the Secretary of
Te Runanga and the Director-General submissions on the draft Joint Management
Plan at the place and before the date specified in the notice, being a date not
less than 40 Business Days after the date of the publication of the notice;

(i)

the Secretary of Te Runanga and the Director-General shall also give notice
in writing, including a copy of the draft plan, to each of the persons and
organisations referred to in clause 11.6.19(d)(i), inviting those persons
and organisations to comment on the draft plan by lodging with the Secretary of
Te Runanga or the Director-General a written submission before the date
specified in the notice, being a date not less than 40 Business Days after the
date of giving of the notice;

(j)

any person or organisation may make written submissions to the Secretary of
Te Runanga and the Director-General on the draft Joint Management Plan at the
place and before the date specified in the notice given pursuant to
clause 11.6.19(g);

(k)

from the date of the notice of the draft Joint Management Plan, the draft
Joint Management Plan shall be made available for public inspection during
ordinary business hours at the offices of Te Runanga and the Department of
Conservation, and in such other places and quantities as may be agreed by the
Secretary of Te Runanga and the Director-General so as to facilitate public
participation in the development of the Joint Management Plan;

(l)

the Secretary of Te Runanga and the Director-General shall give every person
who, in making any submissions on the draft Joint Management Plan, asked to be
heard in support of his or her or its submissions, a reasonable opportunity of
appearing before a joint meeting of representatives of the Secretary of Te
Runanga and the Director-General;

(m)

the representatives of the Secretary of Te Runanga and the Director-General
appointed to hear submissions in accordance with clause 11.6.19(l) shall
determine their own procedure at the hearing or hearings;

(n)

the Secretary of Te Runanga and the Director-General shall prepare a summary
of the submissions received on the draft Joint Management Plan and a statement
as to the extent to which they have been allowed or accepted or disallowed or
not accepted and shall attach that summary and statement to the plan submitted
to Te Runanga and the Minister of Conservation in accordance with
clause 11.6.19(o); and

(o)

the draft Joint Management Plan shall be submitted to the Minister of
Conservation and Te Runanga no later than 6 years after the Settlement Date for
final approval and agreement.

11.6.20 Review and Amendment of Joint Management Plan

Te Runanga and the Crown agree that the Joint Management Plan may be reviewed
and amended as follows:

(a)

the Secretary of Te Runanga and the Director-General may at any time agree
to initiate a review and/or amendment of the Joint Management Plan, or any part
of the Joint Management Plan (provided that the agreement of either party shall
not unreasonably be withheld);

(b)

every review of the Joint Management Plan, and, except as provided in
clause 11.6.20(d), every amendment of the Joint Management Plan under
this clause shall be carried out and approved in accordance with the provisions
of clause 11.6.19, which shall apply with any necessary modifications;

(c)

the following provisions shall also apply in relation to a review under this
clause:

(i)

the Joint Management Plan may be reviewed in whole or in part;

(ii)

the Joint Management Plan shall be reviewed as a whole by the Secretary of
Te Runanga and the Director-General not later than 10 years after the date of
its approval pursuant to clause 11.6.19 and every 10 years thereafter;
and

(iii)

Te Runanga and the Minister of Conservation may by agreement extend that
period of review; and

(d)

where the proposed amendment is of such a nature that the Secretary of Te
Runanga and the Director-General agree that it will not materially affect the
objectives or policies expressed in the plan, then the amendment may be made
without the need for compliance with the provisions of clause 11.6.19
(except that the amendment must still be submitted for the approval of the
Minister of Conservation and Te Runanga).

11.6.21 Cost of Plan

Te Runanga and the Crown shall each bear their own costs of preparation and
implementation of the Joint Management Plan, and to the extent that Te
Runanga and the Crown agree to contract third parties to undertake any role in
the preparation or implementation of the Joint Management Plan, shall bear the
cost of contracting such parties equally, unless otherwise agreed.

11.6.22 Time for Preparation and Submission of Plan

Te Runanga and the Crown agree that the time periods specified in
clause 11.6.19(g) and (o) for notification and submission for
approval of the Joint Management Plan may be extended by agreement between Te
Runanga and the Minister of Conservation.

11.6.23 Resolution of Disputes

Te Runanga and the Crown agree that the following provisions shall apply to
any dispute between them arising out of the preparation or implementation of the
Joint Management Plan (other than approval of the Joint Management Plan by Te
Runanga and the Minister of Conservation pursuant to clause 11.6.19(o)):

(a)

Te Runanga and the Crown acknowledge and agree that they wish to minimise
and promptly settle any disputes which may arise. Accordingly each of them shall
make active efforts in good faith to resolve any dispute which may arise;

(b)

if the dispute is not resolved within 20 Business Days after the dispute
arises (or such longer period as the parties might agree) then either party may
give written notice to the other and Te Runanga and the Crown must then agree
upon a process for resolving the dispute, including, but not limited to, further
negotiations, mediation, or independent expert determination. Agreement on a
process must include agreement on:

(i)

the procedure and timetable for the conduct of the dispute resolution
process; and

(ii)

a procedure for selection and compensation of any person employed by both of
the parties to resolve the dispute;

(c)

if Te Runanga and the Crown cannot agree on a dispute resolution process
within 10 Business Days (or such longer period as the parties might agree) after
either party gives such written notice under clause 11.6.23(b), or using
such a process fail to settle the dispute within 25 Business Days after that
date (or such longer period as the parties might agree) then the parties agree
to refer the dispute to arbitration under the Arbitration Act 1996. The
arbitration shall be conducted by one arbitrator appointed by the parties, if
they can agree upon one, or failing agreement, one arbitrator to be appointed by
the President for the time being of the Arbitrators' Institute of New Zealand.
Te Runanga and the Crown agree to be bound by the award in the arbitration;

(d)

Te Runanga and the Crown shall bear the costs of such dispute resolution
equally, unless otherwise agreed; and

(e)

pending resolution of the dispute, Te Runanga and the Crown shall continue
as far as practicable with the preparation and implementation of other aspects
of the Joint Management Plan.

11.6.24 Disputes on Joint Management Plan Not to Affect Deed

Te Runanga and the Crown acknowledge and agree that any dispute between them
arising out of the preparation or implementation of the Joint Management Plan
shall not invalidate or constitute a breach by either party of this Deed.

11.6.25 Recording of Joint Management Plan in Settlement Legislation

The Crown agrees that the Settlement Legislation will provide that:

(a)

the agreement of Te Runanga and the Crown to prepare the Joint Management
Plan pursuant to clause 11.6.19 will be deemed to be an agreement between
Te Runanga and the Minister of Conservation of the kind empowered by the
Settlement Legislation under clause 11.6.15 and that the terms of that
agreement, as set out in clauses 11.6.19 to 11.6.23 inclusive, will be
quoted in a schedule to the Settlement Legislation as a matter of record only;
and

(b)

quoting the terms of that agreement in a schedule to the Settlement
Legislation shall not have the effect of giving the agreement any greater force
or effect than it has as an agreement entered into pursuant to the empowering
provisions contained in clause 11.6.15.

11.6.26 Power to Make Bylaws

The Crown agrees that the Settlement Legislation will provide:

(a)

that the Minister of Conservation may, from time to time after the date on
which the approved Joint Management Plan has come into effect, upon the
recommendation of Te Runanga and upon being satisfied that such recommendation
is contained in the Joint Management Plan and has been subject to the public
process for the Joint Management Plan, make bylaws to prohibit or regulate
public access to or recreational use and enjoyment of the Bed of Te Waihora to
protect it from any adverse effects to the Mahinga Kai or conservation values of
the Bed of Te Waihora caused by such public access or recreational use and
enjoyment, and in particular:

(i)

to exclude, by public notice, public access to, or recreational use and
enjoyment of, the whole or any part of the Bed of Te Waihora either permanently
or temporarily;

(ii)

to provide for the form of any public notice and the manner in which it
shall be advertised;

(iii)

to prescribe the forms and conditions of public access to, or recreational
and enjoyment of, the Bed of Te Waihora; and

(iv)

to prohibit or regulate any vehicles or boats using, or aircraft landing on
or taking off from, the Bed of Te Waihora; and

(b)

confirmation that, for the purposes of enforcing the bylaws, Te Runanga
shall be an occupier of the Bed of Te Waihora under the Trespass Act 1980.

11.6.27 Greenpark Sands

(a)

The Crown confirms that Greenpark Sands is currently managed by the Crown as
a conservation area for conservation purposes under the Conservation Act 1987
and the Crown intends to continue managing it as such and has no intention of
revoking that status in the foreseeable future.

(b)

Te Runanga confirms that the powers of the Minister of Conservation at any
time to change the protected status of Greenpark Sands to another status under
the Conservation Act 1987 or any of the Acts listed in the First Schedule to the
Conservation Act 1987 are unaffected by this Deed.

11.6.28 Crown Undertaking in Relation to Greenpark Sands

The Crown agrees that, subject to sections 26, 18(7), and 18(8) of the
Conservation Act 1987, if the Minister of Conservation is satisfied in his or
her complete discretion at any time that the whole or any part of Greenpark
Sands should no longer be held for the purposes of the Conservation Act 1987 or
any of the statutes listed in the First Schedule to the Conservation Act 1987,
the Crown will offer to vest in Te Runanga without charge the fee simple title
to that part of Greenpark Sands, on the terms set out in this clause 11.6
(except as to timing and section 40 of the Public Works Act 1981, if applicable)
and subject to such other reasonable conditions and restrictions as the Minister
of Conservation may determine. Te Runanga agrees that it will notify the Crown
in writing within 25 Business Days after receiving such an offer whether or not
it intends to accept the ownership of Greenpark Sands.

11.6.29 Right of First Refusal

If Te Runanga fails to notify the Crown or declines to accept ownership of
Greenpark Sands pursuant to clause 11.6.28, the Crown shall be free to
dispose of Greenpark Sands pursuant to the terms of the right of first refusal
set out in Section 10 (Right of First Refusal) of this Deed.