Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

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


ATTACHMENT 11.20

PROTECTED PRIVATE LAND AGREEMENTS

(Clause 11.3.6)

[Attachment comprises [*] pages]

PROTECTED PRIVATE LAND AGREEMENT

(Section 77 Reserve Act 1977)

South Bay/Kaikoura Peninsula

[To be confirmed]

THIS DEED made the day of

BETWEEN TE RUNANGA O NGAI TAHU [hereafter called Te Runanga]

And THE MINISTER OF CONSERVATION [hereinafter called the Minister]

WHEREAS

A.
The Crown was registered as proprietor of the Land.
B.
Te Runanga and the Crown are parties to the Deed of Settlement dated theday
of 1997 pursuant to which the Crown provided certain redress to Te Runanga in
settlement of its Treaty of Waitangi claims.
C.
As part of that redress the Crown agreed to transfer to Te Runanga certain land including the Land.

NOW THEREFORE THIS DEED WITNESSES that in accordance with section 76 of the Reserves Act 1977 Te Runanga and the Minister MUTUALLY AGREE:

1.
DEFINITIONS AND INTERPRETATIONS
1.1
In this Deed unless the context otherwise requires:

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

"Land" means [Legal description of land]

"The Act" means the Reserves Act 1977

[More may be necessary depending upon detail]

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
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 amended or to any enactment or Regulation 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 of Agreement includes the parties successors heirs and assigns in perpetuity and in the case of Te Runanga means its successor in law.
1.2.5
A reference to the Minister includes any officer or duly authorised agent of
the Minister.
1.2.6
A reference to Te Runanga includes any receiver, liquidator, statutory manager or assignee in bankruptcy of Te Runanga or any lessee or mortgagee in possession of the Land or any part of it.
1.2.7
Te Runanga shall not be personally liable in damages for any breach of agreement committed after it has parted with all interest in the Land if such breach occurs.
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 Te Runanga to, or acquiescence by Te Runanga 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 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.

PURPOSES OF PROTECTION
2.1
Te Runanga and the Minister agree that the Land has the following values
which are to be protected:

(a)

cultural values, including wahii tapu and mahinga kai;

(b)

natural environment values;

(c)

indigenous flora and fauna values; and

(d)

landscape values.

3.

RESTRICTION ON USE OF LAND

3.1

Te Runanga agrees, to achieve the objectives and purposes set out in
clause 2.1, that Te Runanga will not, without the consent of the Minister, or as
part of an agreed programme referred to in clause 4.1:

(a)

remove or damage any indigenous vegetation, disturb the soil or undertake
earthworks unless for the purpose of retrieving or reburying koiwi tangata;

(b)

construct tracks on the Land;

(c)

erect any buildings or structures on the Land; or

(d)

carry out any planting on the Land.

4.

MANAGEMENT OBLIGATIONS

4.1

The Minister and Te Runanga agree that the Land will be managed in
accordance with a programme to be agreed between the parties.

4.2

The Minister shall be responsible for all costs relating to fencing, track
maintenance, pest and weed destruction and for the payment of any rates.

4.3

The implementation of the programme referred to in clause 4.1 will be
subject to the terms of Schedule 1 of this Deed.

5.

FREE PUBLIC ACCESS

5.1

Te Runanga agrees with the Minister that:

(a)

Te Runanga will at all times allow the public to have such free access as is
appropriate, given the wahii tapu status of the site, across, onto or through all
parts of the Land for the purposes set out in clause 2.1;

(b)

such access shall, unless Te Runanga expressly permits otherwise, be limited
to access on foot;

(c)

Te Runanga and the Minister may agree to close access to, and use of, the
Land or any part of the Land only for reasons relating to safety of the public
or for the protection of the Land, its vegetation, wildlife, stock, buildings,
plants, equipment and related items; and

(d)

the Minister shall at all times maintain any structures or tracks to enable
the public to gain access onto and across the Land.

5.2

The costs arising out of the closure of the Land including the costs of any
notification of closure to the public shall be borne by the party requiring
closure.

6.

INDEMNITY

6.1

The Minister agrees to indemnify Te Runanga 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 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 Te Runanga or any employee, contractor or agent of Te
Runanga.

7.

ENFORCEMENT AGAINST THIRD PARTIES

7.1

Te Runanga agrees that subject to the terms of this Deed the provisions of
sections 93 - 105 of the Act shall apply to the Land as if the Land were a
public reserve.

8.

MUTUAL OBLIGATIONS

8.1

Each of the parties hereby undertakes, when called upon, to do forthwith all
such acts, matters and things and to endeavour promptly to obtain all necessary
consents and to execute all such documents as are required to deposit the plan
of the Land.

8.2

Where any consent permission or other authorisation is required by statute
or otherwise to carry out any obligation in either clause 4.1 or 5.1 the party
responsible for that obligation shall obtain at that party's expense such
consent permission or other authorisation.

8.3

Any notice required to be given to Te Runanga in terms of this Deed shall be
sufficiently given if made 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 Te Runanga or Te Runanga's solicitor.

8.4

Any consent, authorisation, approval or notice required to be given by the
Minister shall be sufficiently given if it is signed by the Conservator,
Department of Conservation [ ]. Any notice required to be served upon the
Minister shall be sufficiently served if delivered to the office for the time
being of the Conservator, Department of Conservation [ ].

8.5

Any dispute which arises between Te Runanga 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.

EXECUTION AND ATTESTATION BY PARTIES

PROTECTED PRIVATE LAND AGREEMENT

(Section 77 Reserve Act 1977)

Moturata

[To be confirmed]

THIS DEED made the day of

BETWEEN TE RUNANGA O NGAI TAHU [hereafter called Te Runanga]

And THE MINISTER OF CONSERVATION [hereinafter called the Minister]

WHEREAS

A.
Te Runanga was registered as proprietor of the Land.

B.

Te Runanga and the Crown are parties to the Deed of Settlement dated theday
of 1997 pursuant to which the Crown provided certain redress to Te Runanga in
settlement of its Treaty of Waitangi claims.

C.

As part of that redress the Crown agreed to transfer to Te Runanga certain
land including the Land.

NOW THEREFORE THIS DEED WITNESSES that in accordance with section 76
of the Reserves Act 1977 Te Runanga and the Minister MUTUALLY AGREE:

1.

DEFINITIONS AND INTERPRETATIONS

1.1

In this Deed unless the context otherwise requires:

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

"Land" means [Legal description of land]

"The Act" means the Reserves Act 1977

[More may be necessary depending upon detail]

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

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 amended or to any enactment or Regulation
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 of Agreement
includes the parties successors heirs and assigns in perpetuity and in the case
of Te Runanga means its successor in law.

1.2.5

A reference to the Minister includes any officer or duly authorised agent of
the Minister.

1.2.6

A reference to Te Runanga includes any receiver, liquidator, statutory
manager or assignee in bankruptcy of Te Runanga or any lessee or mortgagee in
possession of the Land or any part of it.

1.2.7

Te Runanga shall not be personally liable in damages for any breach of
agreement committed after it has parted with all interest in the Land if such
breach occurs.

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 Te Runanga to, or acquiescence by Te Runanga 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 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.

PURPOSES OF PROTECTION

2.1

Te Runanga and the Minister agree that the Land has the following values
which are to be protected:

(a)

cultural values, including wahii tapu and mahinga kai;

(b)

natural environment values;

(c)

indigenous flora and fauna values; and

(d)

landscape values.

3.

RESTRICTION ON USE OF LAND

3.1

Te Runanga agrees, to achieve the objectives and purposes set out in
clause 2.1, that Te Runanga will not, without the consent of the Minister, or as
part of an agreed programme referred to in clause 4.1:

(a)

remove or damage any indigenous vegetation, disturb the soil or undertake
earthworks unless for the purpose of retrieving or reburying koiwi tangata;

(b)

construct tracks on the Land;

(c)

erect any buildings or structures on the Land; or

(d)

carry out any planting on the Land.

4.

MANAGEMENT OBLIGATIONS

4.1

The Minister and Te Runanga agree that the Land will be managed in
accordance with a programme to be agreed between the parties based on the
current co-management regime which provides for the participation of the
Moturata/Taieri Whanau.

4.2

The Minister shall be responsible for all costs relating to fencing, track
maintenance, pest and weed destruction and for the payment of any rates.

4.3

The implementation of the programme referred to in clause 4.1 will be
subject to the terms of Schedule 1 of this Deed.

5.

FREE PUBLIC ACCESS

5.1

Te Runanga agrees with the Minister that:

(a)

Te Runanga will at all times allow the public to have such free access as is
appropriate, given the wahii tapu status of the site, across, onto or through all
parts of the Land for the purposes set out in clause 2.1;

(b)

such access shall, unless Te Runanga expressly permits otherwise, be limited
to access on foot;

(c)

Te Runanga and the Minister may agree to close access to and use of the Land
or any part of the Land only for reasons relating to safety of the public or for
the protection of the Land, its vegetation, wildlife, stock, buildings, plants,
equipment and related items; and

(d)

the Minister shall at all times maintain any structures or tracks to enable
the public to gain access onto and across the Land.

5.2

The costs arising out of the closure of the Land including the costs of any
notification of closure to the public shall be borne by the party requiring
closure.

6.

INDEMNITY

6.1

The Minister agrees to indemnify Te Runanga 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 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 Te Runanga or any employee, contractor or agent of
Te Runanga.

7.

ENFORCEMENT AGAINST THIRD PARTIES

7.1

Te Runanga agrees that subject to the terms of this Deed the provisions of
sections 93 - 105 of the Act shall apply to the Land as if the Land were a
public reserve.

8.

MUTUAL OBLIGATIONS

8.1

Each of the parties hereby undertakes, when called upon, to do forthwith all
such acts, matters and things and to endeavour promptly to obtain all necessary
consents and to execute all such documents as are required to deposit the plan
of the Land.

8.2

Where any consent permission or other authorisation is required by statute
or otherwise to carry out any obligation in either clause 4.1 or 5.1 the party
responsible for that obligation shall obtain at that party's expense such
consent permission or other authorisation.

8.3

Any notice required to be given to Te Runanga in terms of this Deed shall be
sufficiently given if made 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 Te Runanga or Te Runanga's solicitor.

8.4

Any consent, authorisation, approval or notice required to be given by the
Minister shall be sufficiently given if it is signed by the Conservator,
Department of Conservation [ ]. Any notice required to be served upon the
Minister shall be sufficiently served if delivered to the office for the time
being of the Conservator, Department of Conservation [ ].

8.5

Any dispute which arises between Te Runanga 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.

EXECUTION AND ATTESTATION BY PARTIES

PROTECTED PRIVATE LAND AGREEMENT

(Section 77 Reserve Act 1977)

Huriawa

[To be confirmed]

THIS DEED made the day of

BETWEEN TE RUNANGA O NGAI TAHU [hereafter called Te Runanga]

And THE MINISTER OF CONSERVATION [hereinafter called the Minister]

WHEREAS

A.

The Crown was registered as proprietor of the Land.

B.

Te Runanga and the Crown are parties to the Deed of Settlement dated theday
of 1997 pursuant to which the Crown provided certain redress to Te Runanga in
settlement of its Treaty of Waitangi claims.

C.

As part of that redress the Crown agreed to transfer to Te Runanga certain
land including the Land.

NOW THEREFORE THIS DEED WITNESSES that in accordance with section 76
of the Reserves Act 1977 Te Runanga and the Minister MUTUALLY AGREE:

1.

DEFINITIONS AND INTERPRETATIONS

1.1

In this Deed unless the context otherwise requires:

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

"Land" means [Legal description of land]

"The Act" means the Reserves Act 1977

[More may be necessary depending upon detail]

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

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 amended or to any enactment or Regulation
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 of Agreement
includes the parties successors heirs and assigns in perpetuity and in the case
of Te Runanga means its successor in law.

1.2.5

A reference to the Minister includes any officer or duly authorised agent of
the Minister.

1.2.6

A reference to Te Runanga includes any receiver, liquidator, statutory
manager or assignee in bankruptcy of Te Runanga or any lessee or mortgagee in
possession of the Land or any part of it.

1.2.7

Te Runanga shall not be personally liable in damages for any breach of
agreement committed after it has parted with all interest in the Land if such
breach occurs.

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 Te Runanga to, or acquiescence by Te Runanga 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 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.

PURPOSES OF PROTECTION

2.1

Te Runanga and the Minister agree that the Land has the following values
which are to be protected:

(a)

cultural values, including wahii tapu and mahinga kai;

(b)

natural environment values;

(c)

indigenous flora and fauna values; and

(d)

landscape values.

3.

RESTRICTION ON USE OF LAND

3.1

Te Runanga agrees, to achieve the objectives and purposes set out in
clause 2.1, that Te Runanga will not, without the consent of the Minister, or as
part of an agreed programme referred to in clause 4.1:

(a)

remove or damage any indigenous vegetation, disturb the soil or undertake
earthworks unless for the purpose of retrieving or reburying koiwi tangata;

(b)

construct tracks on the Land;

(c)

erect any buildings or structures on the Land; or

(d)

carry out any planting on the Land.

4.

MANAGEMENT OBLIGATIONS

4.1

The Minister and Te Runanga agree that the Land will be managed in
accordance with a programme to be agreed between the parties.

4.2

The Minister shall be responsible for all costs relating to fencing, track
maintenance, pest and weed destruction and for the payment of any rates.

4.3

The implementation of the programme referred to in clause 4.1 will be
subject to the terms of Schedule 1 of this Deed.

5.

FREE PUBLIC ACCESS

5.1

Te Runanga agrees with the Minister that:

(a)

the Owner will at all times allow the public to have such free access as is
appropriate, given the wahii tapu status of the site, across, onto or through all
parts of the Land for the purposes set out in clause 2.1;

(b)

such access shall, unless Te Runanga expressly permits otherwise, be limited
to access on foot;

(c)

Te Runanga and the Minister may agree to close access to and use of the Land
or any part of the Land only for reasons relating to safety of the public or for
the protection of the Land, its vegetation, wildlife, stock, buildings, plants,
equipment and related items; and

(d)

the Minister shall at all times maintain any structures or tracks to enable
the public to gain access onto and across the Land.

5.2

The costs arising out of the closure of the Land including the costs of any
notification of closure to the public shall be borne by the party requiring
closure.

6.

INDEMNITY

6.1

The Minister agrees to indemnify Te Runanga 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 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 Te Runanga or any employee, contractor or agent of Te
Runanga.

7.

ENFORCEMENT AGAINST THIRD PARTIES

7.1

Te Runanga agrees that subject to the terms of this Deed the provisions of
sections 93 - 105 of the Act shall apply to the Land as if the Land were a
public reserve.

8.

MUTUAL OBLIGATIONS

8.1

Each of the parties hereby undertakes, when called upon, to do forthwith all
such acts, matters and things and to endeavour promptly to obtain all necessary
consents and to execute all such documents as are required to deposit the plan
of the Land.

8.2

Where any consent permission or other authorisation is required by statute
or otherwise to carry out any obligation in either clause 4.1 or 5.1 the party
responsible for that obligation shall obtain at that party's expense such
consent permission or other authorisation.

8.3

Any notice required to be given to Te Runanga in terms of this Deed shall be
sufficiently given if made 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 Te Runanga or Te Runanga's solicitor.

8.4

Any consent, authorisation, approval or notice required to be given by the
Minister shall be sufficiently given if it is signed by the Conservator,
Department of Conservation [ ]. Any notice required to be served upon the
Minister shall be sufficiently served if delivered to the office for the time
being of the Conservator, Department of Conservation [            ].

8.5

Any dispute which arises between Te Runanga 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.

EXECUTION AND ATTESTATION BY PARTIES

PROTECTED PRIVATE LAND AGREEMENT

(Section 77 Reserve Act 1977)

Mapoutahi Pa

[To be confirmed]

THIS DEED made the day of

BETWEEN TE RUNANGA O NGAI TAHU [hereafter called Te Runanga]

And THE MINISTER OF CONSERVATION [hereinafter called the Minister]

WHEREAS

A.

The Crown was registered as proprietor of the Land.

B.

Te Runanga and the Crown are parties to the Deed of Settlement dated theday
of 1997 pursuant to which the Crown provided certain redress to Te Runanga in
settlement of its Treaty of Waitangi claims.

C.

As part of that redress the Crown agreed to transfer to Te Runanga certain
land including the Land.

NOW THEREFORE THIS DEED WITNESSES that in accordance with section 76
of the Reserves Act 1977 Te Runanga and the Minister MUTUALLY AGREE:

1.

DEFINITIONS AND INTERPRETATIONS

1.1

In this Deed unless the context otherwise requires:

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

"Land" means [Legal description of land]

"The Act" means the Reserves Act 1977

[More may be necessary depending upon detail]

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

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 amended or to any enactment or Regulation
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 of Agreement
includes the parties successors heirs and assigns in perpetuity and in the case
of Te Runanga means its successor in law.

1.2.5

A reference to the Minister includes any officer or duly authorised agent of
the Minister.

1.2.6

A reference to Te Runanga includes any receiver, liquidator, statutory
manager or assignee in bankruptcy of Te Runanga or any lessee or mortgagee in
possession of the Land or any part of it.

1.2.7

Te Runanga 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 breach occurs.

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 Te Runanga to, or acquiescence by Te Runanga 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 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.

PURPOSES OF PROTECTION

2.1

Te Runanga and the Minister agree that the Land has the following values
which are to be protected:

(a)

cultural values, including wahii tapu and mahinga kai;

(b)

natural environment values;

(c)

indigenous flora and fauna values; and

(d)

landscape values.

3.

RESTRICTION ON USE OF LAND

3.1

Te Runanga agrees, to achieve the objectives and purposes set out in
clause 2.1, that Te Runanga will not, without the consent of the Minister, or as
part of an agreed programme referred to in clause 4.1:

(a)

remove or damage any indigenous vegetation, disturb the soil or undertake
earthworks unless for the purpose of retrieving or reburying koiwi tangata;

(b)

construct tracks on the Land;

(c)

erect any buildings or structures on the Land; or

(d)

carry out any planting on the Land.

4.

MANAGEMENT OBLIGATIONS

4.1

The Minister and Te Runanga agree that the Land will be managed in
accordance with a programme to be agreed between the parties.

4.2

The Minister shall be responsible for all costs relating to fencing, track
maintenance, pest and weed destruction and for the payment of any rates.

4.3

The implementation of the programme referred to in clause 4.1 will be
subject to the terms of Schedule 1 of this Deed.

5.

FREE PUBLIC ACCESS

5.1

Te Runanga agrees with the Minister that:

(a)

Te Runanga will at all times allow the public to have such free access as is
appropriate, given the wahii tapu status of the site, across, onto or through all
parts of the Land for the purposes set out in clause 2.1;

(b)

such access shall, unless Te Runanga expressly permits otherwise, be limited
to access on foot;

(c)

Te Runanga and the Minister may agree to close access to and use of the Land
or any part of the Land only for reasons relating to safety of the public or for
the protection of the Land, its vegetation, wildlife, stock, buildings, plants,
equipment and related items; and

(d)

the Minister shall at all times maintain any structures or tracks to enable
the public to gain access onto and across the Land.

5.2

The costs arising out of the closure of the Land including the costs of any
notification of closure to the public shall be borne by the party requiring
closure.

6.

INDEMNITY

6.1

The Minister agrees to indemnify Te Runanga 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 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 Te Runanga or any employee, contractor or agent of Te
Runanga.

7.

ENFORCEMENT AGAINST THIRD PARTIES

7.1

Te Runanga agrees that subject to the terms of this Deed the provisions of
sections 93 - 105 of the Act shall apply to the Land as if the Land were a
public reserve.

8.

MUTUAL OBLIGATIONS

8.1

Each of the parties hereby undertakes, when called upon, to do forthwith all
such acts, matters and things and to endeavour promptly to obtain all necessary
consents and to execute all such documents as are required to deposit the plan
of the Land.

8.2

Where any consent permission or other authorisation is required by statute
or otherwise to carry out any obligation in either clause 4.1 or 5.1 the party
responsible for that obligation shall obtain at that party's expense such
consent permission or other authorisation.

8.3

Any notice required to be given to Te Runanga in terms of this Deed shall be
sufficiently given if made 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 Te Runanga or Te Runanga's solicitor.

8.4

Any consent, authorisation, approval or notice required to be given by the
Minister shall be sufficiently given if it is signed by the Conservator,
Department of Conservation [ ]. Any notice required to be served upon the
Minister shall be sufficiently served if delivered to the office for the time
being of the Conservator, Department of Conservation [           ].

8.5

Any dispute which arises between Te Runanga 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.

EXECUTION AND ATTESTATION BY PARTIES