Ngai Tahu Settlement

ALL SITES AGREED IN SECTION 11: PROPERTY LEGAL DESCRIPTIONS IN SQUARE BRACKETS TO BE CONFIRMED BY PARTIES

ATTACHMENT 11.1

TUKU TUKU IWI to be vested in Te Runanga in fee
simple

(Clause 11.2.1)

ATTACHMENT 11.2

TE PARINUI O WHITI to be vested in Te Runanga in fee
simple

(Clause 11.2.2)

ATTACHMENT 11.2A

DEED OF COVENANT

(Section 77 Reserves Act 1977)

Te Parinui o Whiti (White Cliffs)

THIS DEED made the          day of                             199

BETWEEN

(1)

TE RUNANGA O NGAI TAHU (the Landholder)

(2)

THE MINISTER OF CONSERVATION (the Minister)

WHEREAS

A

The Landholder and the Crown are parties to a Deed of Settlement dated
[              ].

B

Pursuant to the Deed of Settlement, the Crown agreed to transfer to the
Landholder certain land including the Land, such transfer to be subject to a
Deed of Covenant being entered into between the Landholder and the Minister
which recognises that certain measures are necessary to protect the agreed
conservation values defined in this agreement.

C

Under section [      ] of the Ngai Tahu Claims Settlement Act 1997, this
covenant is deemed to have been entered into by the Minister pursuant to
section 77 of the Reserves Act 1977, and therefore binds all future owners of
the Land.

NOW THEREFORE, the parties, in accordance with section 77 of the Reserves Act
1977, agree as follows:

1

DEFINITIONS AND INTERPRETATION

1.1

In this Deed unless the context otherwise requires:

Act means the Reserves Act 1977;

Coastal Strip Area means "the strip of land 20 metres wide extending
along and abutting the landward margin of any foreshore";

Conservation Values means those values contained in the area of
coastal dry cliff and shrubland communities, including the populations of local
endemic plants such as Senecio Hauwai;

Crown means Her Majesty the Queen in right of New Zealand;

Land means the land described in Schedule 1.

1.2

In the interpretation of this Deed, unless the context otherwise requires:

1.2.1

headings appear as a matter of convenience and are not to affect the
interpretation of this Deed;

1.2.2

the singular includes the plural and vice versa, and words importing one
gender include the other genders;

1.2.3

a reference to an enactment or any regulations is a reference to that
enactment or those regulations as amended, or to any enactment or regulations
substituted for that enactment or those regulations but this provision shall be
read subject to clause 1.3;

1.2.4

a reference to a party to this Deed or any other document or agreement
includes that party's successor, heirs, executors and assigns in perpetuity;

1.2.5

a reference to the Minister includes any officer or duly authorised agent of
the Minister;

1.2.6

the Landholder shall not be personally liable in damages for any breach of
agreement committed, after he/she/it has parted with all interest in the Land if
such a breach occurs;

1.2.7

where there is more than one owner of the Land, this Deed binds them both
jointly and severally;

1.2.8

where the Landholder is a company, the covenants contained in this Deed
shall bind a receiver, liquidator, statutory manager or statutory receiver.
Where the Landholder is a natural person, this Deed shall bind the official
assignee. In either case, this Deed binds a mortgagee in possession.

1.3

The parties agree that the rule of interpretation referred to in
clause 1.2.3 is intended only to facilitate interpretation of this Deed
in circumstances where legislative changes make statutory references in this
Deed obsolete. It is not intended to indicate, and should not be interpreted as
indicating, any consent by the Landholder to, or acquiescence by the Landholder
in, the introduction to Parliament by the Crown of any proposed statutory
amendment which would adversely affect the redress provided by the Crown
pursuant to the Deed of Settlement referred to in Recital A or the
ability of either party to fulfil its obligations expressed in this Deed or in
that Deed of Settlement.

2

PROTECTION OF CONSERVATION VALUES

2.1

In order to protect the Conservation Values, the Landholder agrees with the
Minister that the Landholder will not carry out, or allow to be carried out,
without the prior consent of the Minister:

(a)

Any removal of native plants, shrubs, or trees;

(b)

Any burning, chemical spraying, topdressing or the sowing of exotic seed;

(c)

Any significant cultivation, earthworks or other soil disturbance; or

(d)

Any planting of trees or shrubs which are not indigenous.

The Minister's consent will not be unreasonably withheld.

2.2

In order to protect the Conservation Values, the Landholder agrees, as far
as reasonably practicable, to keep the Land:

(a)

free of gorse, broom, old man's beard, nodding thistle and other plant
pests;

(b)

free from rabbits, possums, goats, and other animal pests; or

(c)

free from rubbish or other unsightly or offensive material.

3

REGISTRATION OF COVENANT

3.1

The Minister will cause a notification of this covenant to be recorded
against the title to the Land in the manner provided for in section 77 of the
Reserves Act 1977, as soon as reasonably practicable after the execution of this
Deed. The intention of recording the covenant against the title in this way is
to bind future owners and to allow for the application of sections 93-105 of the
Reserves Act 1977.

4

ACCESS FOR MINISTER

4.1

The Landholder grants the Minister a right of access onto the Land for the
purpose of:

(i)

examining and recording the condition of the Land;

(ii)

carrying out work for the protection and/or enhancement of the Conservation
Values, including plantings of dryland Marlborough endemic plants where
appropriate; or

(iii)

erecting, at his cost, any fencing necessary for the protection of the
Conservation Values.

In exercising this right of access, the Minister must obtain the prior
consent of the Landholder and take all reasonable steps to minimise disruption
to the Landholder's operations on the Land. The Landholder agrees not to
unreasonably withhold or delay consent. Nothing in this clause requires the
Minister to carry out any such work.

5

PUBLIC ACCESS

5.1

The Landowner agrees that the public will be allowed access along and over
the Coastal Strip Area. Public access on to and over the remainder of the Land
may be allowed with the consent of the Landowner for purposes consistent with
this Deed and the Landowner agrees not to unreasonably withhold consent.

6

INDEMNITY

The Minister agrees to indemnify the Landholder from and against all actions,
claims, demands, losses, damages, costs and expenses for which the Landholder
shall become liable arising from loss or damage to the property of, or death or
injury to, any person on any part of the Land in accordance with the right of
access given under clause 5.1 unless such loss, damage, death or injury
is caused or contributed to by any act, omission, neglect or breach of this Deed
of Covenant on the part of the Landowner or any employee, contractor or agent of
the Landowner.

7

NOTICES

7.1

Any notice required to be given to either party under this Deed will be
sufficiently given if in writing and served as provided in section 152 of the
Property Law Act 1952 and shall be sufficiently given if sent by post or
delivered to the residential address of the Landholder or the Landholder's
solicitor. In the case of the Minister, the notice will be sufficiently given if
it is sent by post or delivered to the office for the time being of the
Conservator, Department of Conservation, Nelson/Marlborough Conservancy.

8

DISPUTE RESOLUTION

8.1

Any dispute which arises between the Landholder and the Minister in any way
relating to this agreement may be resolved by referring the dispute to an agreed
third party for decision or by arbitration under the provisions of the
Arbitration Act 1996.

SCHEDULE 1

Area subject to survey being Crown Land (S.O. 6637) situated in Block III
Clifford Bay Survey District. (Adjoining the eastern boundaries of Part DP 299
(CT 1D/1123) and Lot 1 DP 3473). Subject to Section 62 of the Conservation Act
1987 (Conservation Purposes).

ATTESTATION AND EXECUTION

ATTACHMENT 11.3

Wetlands property to be vested in Te Runanga in fee
simple

(Clause 11.2.4)

ATTACHMENT 11.4

te waiomakua to be vested in Te Runanga in fee
simple

(Clause 11.2.6)

ATTACHMENT 11.5

GREENPARK HUTS TO BE VESTED in Te Runanga in fee
simple

(Clause 11.2.6)

ATTACHMENT 11.6

MOTUTAPU to be vested in Te Runanga in fee
simple

(Clause 11.2.7)

ATTACHMENT 11.7

Okeina (Okains bay) to be vested in Te Runanga in
fee simple

(Clause 11.2.8)

ATTACHMENT 11.8

south bay - KAIKOURA to be vested in Te Runanga in fee
simple

(Clause 11.2.10)

ATTACHMENT 11.9

THE POINT - KAIKOURA to be vested in Te Runanga in fee
simple

(Clause 11.2.11)

ATTACHMENT 11.10

Whakamatakiuru (ellesmere landing) reserve to be vested in Te Runanga in fee simple

(Clause 11.2.12)