Ngai Tahu Settlement
Doug Graham Treaty of Waitangi NegotiationsALL SITES AGREED IN SECTION 11: PROPERTY LEGAL DESCRIPTIONS IN SQUARE BRACKETS TO BE CONFIRMED BY PARTIES
ATTACHMENT 11.21
appointment of Te Runanga to hold and administer KAHUTARA
(Clause 11.4.2)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
| Kahutara (Marlborough Land District): |
|
ATTACHMENT 11.22
APPOINTMENT OF Te Runanga TO HOLD AND ADMINISTER OMIHI/GOOSE BAY
(Clause 11.4.3)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
| Omihi/Goose Bay (Marlborough Land District): 2.1396 hectares, more or less, being:
|
ATTACHMENT 11.23
APPOINTMENT OF Te Runanga TO HOLD AND ADMINISTER Oaro
(Clause 11.4.4)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
Oaro (Marlborough Land District):
all Block XVIII |
Grazing licence dated 5 June 1996 between the Minister of Conservation and Murray Tovey and Rene Agnes Tovey over that part of the Oaro Site described in the grazing licence as ten hectares, more or less, being Part Section 21 and Section 22 Hundalee Survey District as outlined in red on the plan attached to the grazing licence. |
ATTACHMENT 11.24
CREATION OF HISTORIC RESERVE AT OTUKORO
(Clause 11.4.5)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
| Otukoro (Nelson Land District): 15.5200 hectares being Section 1 S.O. Plan 15229, (Conservation Purposes, New Zealand Gazette 1995, page 2242), as shown in Deed Map MS 13. [None defined as yet] |
ATTACHMENT 11.25
Appointment of Te Runanga to hold and administer
MAEREWHENUA
(Clause 11.4.6)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
| Maerewhenua (Otago Land District): 7786 square metres, more or less, being Section 72, Block III, Maerewhenua Survey District [S.O. Plan 21225. All Document 549762], as shown in Deed Map MS 15. Historic Reserve. |
[None defined as yet] |
ATTACHMENT 11.26
APPPOINTMENT of Te Runanga to hold and administer
TAKIROA
(Clause 11.4.7)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
| Takiroa (Otago Land District): An Historic Reserve held under the Reserves Act 1977 of 905 square metres more or less, being section 116A Otekaieke Settlement situated in Block V Maerewhenua Survey District, [S.O. Plan 18601. All document 552413. Exclusive of such mines and minerals as were not taken by Document 515665/5. Right of way created by Document 568329,] as shown in Deed Map MS 16. Existing access easement for farmer. |
ATTACHMENT 11.27
APPOINTMENT OF TE RUNANGA TO HOLD AND ADMINISTER
KATIKI
(Clause 11.4.8)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
Katiki (Otago Land District):
|
Historic reserve Subject to existing lease to Jones (and successors) dated 5 May 1977. Subject to the condition that P R Jones and J A Jones, their servants tenants agents workmen sublessees licensees and invitees shall have the full free uninterrupted and unrestricted right liberty and privilege from time to time and at all times by day and by night to go pass and repass with or without horses and domestic animals of any kind and with or without carriages vehicles motor vehicles machinery and implements of any kind over and along the existing track as shown by a dotted line on Deed Map MS 24, for so long as the Jones's have a lease over the reserve, provided that persons accompanied by dogs are excluded from the right of access. Subject to the condition that officers of the Department of Conservation and persons authorised by them shall have the full free uninterrupted and unrestricted right liberty and privilege from time to time and at all times by day and by night to go pass and repass with or without motor vehicles machinery and implements of any kind as shown by a dotted line on Deed Map MS 24, for the purpose of management of wildlife on the land or on any adjoining land administered by the Department. |
Subject to continuing public access to the wildlife reserve adjacent to the
reserve over and along the existing track as shown by a dotted line on Deed
Map MS 24.
ATTACHMENT 11.28
APPOINTMENT OF Te Runanga TO HOLD AND ADMINISTER ONAWE PA
(Clause 11.4.9)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
Onawe Pa (Canterbury Land District):
|
[None defined as yet] |
ATTACHMENT 11.29
CREATION OF HISTORIC RESERVE AROUND KOPUWAI
(Clause 11.4.10)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
Kopuwai (Otago Land District):
|
Subject to existing BCL lease. |
ATTACHMENT 11.30
CREATION OF HISTORIC RESERVE AT KAWARAU GORGE
(Clause 11.4.11)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
| Kawarau Gorge (Otago Land District): An undefined area (subject to survey) being Part Crown Land adjoining Part Run 726 and the Kawarau River, Block VI, Kawarau Survey District, Crown Land Reserved from Sale, deemed to be marginal strip pursuant to Part IVA of the Conservation Law Reform Act 1990, as shown in Deed Map MS 11. [Road reserve may be added if Council agrees] |
Subject to survey Subject to the condition that public access to the reserve shall be available as if it were a marginal strip |
ATTACHMENT 11.31
APPOINTMENT OF Te Runanga TO HOLD AND ADMINISTER WAIPAPA
POINT
(Clause 11.4.12)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
Waipapa Point (Marlborough Land District):
|
Lease of caravan park to A D Craven and H Campbell. |
ATTACHMENT 11.31A
APPOINTMENT OF Te Runanga TO HOLD AND ADMINISTER
maranuku
(Clause 11.4.13)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
| Maranuku: 48.6 hectares, more or less, Sections 2 and 3, S.O. Plan 22413 proclaimed taken under the Public Works Act 1908 for scenery preservation purposes in the New Zealand Gazette 1909, pages 2531-2532, as shown on Deed Map A 190. | [To be inserted, if any] |
ATTACHMENT 11.31B
creation of scenic reserve at moeraki lake
(Clause 11.4.14)
| Description and Purpose of Reserve | Conditions and Restrictions on Administration of Reserve to which vesting is subject |
|---|---|
| Moeraki Lake Site: 4.6000 hectares, more or less (subject to survey) being Part Section 2, S.O. Plan 11969, situated in Block XI Arnott Survey District, being part of the Whakapohai Wildlife Refuge pursuant to the Conservation Act 1987 and the New Zealand Gazette, 1993, page 1394, as shown in Deed Map AS 204. |
|
ATTACHMENT 11.31C
EASEMENT FOR the moeraki lake site
(Clause 11.4.14)
MEMORANDUM OF TRANSFER GRANTING EASEMENT
Date:
BETWEEN
-
(1)
- TE RUNANGA O NGAI TAHU (hereinafter called "the Grantor") of the one
part; and -
(2)
- GERARD DAVID McSWEENEY and ANNE SAUNDERS (hereinafter together
with their successors and assigns called "the Grantees") of the other part.
BACKGROUND
-
A
- Te Runanga o Ngai Tahu and the Crown are parties to a Deed of Settlement
dated [ ] 1997. -
B
- Pursuant to that Deed, the Crown agreed to vest all that parcel of land
containing 4.6 hectares, more or less (subject to survey), being Part Section 2
S.O. 11969, Block XI Arnott Survey District, Westland Land Registry ("the
servient tenement") in the Grantor as a scenic reserve pursuant to section 26 of
the Reserves Act 1977. -
C
- The Grantees are registered as proprietor of an estate in fee simple subject
however to such encumbrances liens and interests as are notified on the
certificate of title in that parcel of land containing 2,038 square metres more
or less being section 1 S.O. 11844 situated in Block XI Arnott Survey District
being CT 8A/725 Westland Land Registry ("the dominant tenement"). -
D
- The vesting of the servient tenement as described in Recital B is
subject to the Grantor granting to the Grantees the various easements across
parts of the servient tenement as described in this Deed.
NOW THEREFORE THIS DEED WITNESSES that in pursuance of the premises
the Grantor hereby conveys and grants:
-
(1)
- to the Grantees the full, free, uninterrupted and unrestricted right,
liberty and privilege for the Grantees their servants, tenants, agents, workers,
licensees and invitees (in common with the Grantor its tenants and any other
person lawfully entitled so to do) from time to time and at all times by day and
by night to go pass and repass with or without carriages, vehicles, motor
vehicles, machinery and implements of any kind over and along that part of the
servient tenement shown marked with the letter "A" on S.O. Plan [ ]; -
(2)
- to the Grantees the full, free, uninterrupted and unrestricted right,
liberty and privilege for the Grantees their servants, tenants, agents, workers,
licensees and invitees from time to time and at all times by day and by night to
take, convey, and lead water in a free and unimpeded flow over and along that
part of the servient tenement shown marked with the letter "B" on S.O. Plan
[ ]; and -
(3)
- to the Grantees the full, free, uninterrupted and unrestricted right,
liberty and privilege for the Grantees their servants, tenants, agents, workers,
licensees and invitees from time to time and at all times by day and by night to
convey electricity by means of cables over and along that part of the servient
tenement shown marked with the letter "C" on S.O. Plan [ ].
TO THE INTENT that the easements hereby created shall forever be
appurtenant to the dominant tenement AND IT IS HEREBY AGREED AND DECLARED
by and between the Grantor and the Grantee:
-
(a)
- the Grantee shall maintain the right of way marked "A", and the water race
marked "B" on S.O. Plan [ ] at all times to a standard acceptable to the
Grantor or its successors in title; -
(b)
- the rights implied in paragraph 2(c) in easements of vehicular right of way
by the ninth schedule to the Property Law Act 1952 hereby expressly apply to the
easement described in paragraph 1 above; -
(c)
- the rights implied in paragraph 2 and 5 in easements of rights to convey
water by the seventh schedule to the Land Transfer Act 1952 hereby expressly
apply to the easement described in paragraph 3 above; and -
(d)
- the Grantor will cause a notification of these easements to be recorded
against the title to the Land as soon as reasonably practicable after the
execution of this Deed.
IN WITNESS whereof these presents have been executed as a deed on the
date first written above.
ATTACHMENT 11.31D
right of way to bach on the moeraki lake site
(Clause 11.4.14)
MEMORANDUM OF TRANSFER GRANTING EASEMENT
Date:
BETWEEN
-
(1)
- TE RUNANGA O NGAI TAHU (hereinafter called "the Grantor") of the one
part; and -
(2)
- ARTHUR JOHN GILLMAN and ALLEN MARK CHIN (hereinafter together
with their successors and assigns called "the Grantees") of the other part.
BACKGROUND
-
A
- Te Runanga o Ngai Tahu and the Crown are parties to a Deed of Settlement
dated [ ] 1997. -
B
- Pursuant to that Deed, the Crown agreed to vest all that parcel of land
containing 4.6 hectares, more or less (subject to survey), being Part Section 2
S.O. 11969, Block XI Arnott Survey District, Westland Land Registry ("the Land")
in the Grantor as a scenic reserve pursuant to section 26 of the Reserves Act
1977. -
C
- The Grantees hold licence 40.029 dated 22 June 1995 being a licence to
occupy a bach site on the Land pursuant to section 17(1)(f) Conservation Act
1987. -
D
- The vesting of the Land as described in Recital B is subject to the
Grantor granting to the Grantees an easement in gross across part of the Land as
described in this Deed.
NOW THEREFORE THIS DEED WITNESSES that in pursuance of the premises
the Grantor hereby conveys and grants to the Grantees the full, free,
uninterrupted and unrestricted right, liberty and privilege for the Grantees
their servants, tenants, agents, workers, licensees and invitees (in common with
the Grantor his tenants and any other person lawfully entitled so to do) from
time to time and at all times by day and by night to go pass and repass over and
along that part of the Land shown marked with the letter "D" on S.O. Plan
[ ] for the purpose of access to the bach site.
Nothing in the grant of this easement confers on the Grantee any right to
compel the Grantor to form the right of way to provide physical access to the
bach site.
TO THE INTENT that the easements hereby created shall be for a term
consistent with the duration of the licence referred to in Recital B
AND IT IS HEREBY AGREED AND DECLARED by and between the Grantor and the
Grantee that the Grantor will cause a notification of this easement to be
recorded against the title to the Land as soon as reasonably practicable after
the execution of this Deed.
IN WITNESS whereof these presents have been executed as a deed on the
date first written above.
[Execution clauses to come]
ATTACHMENT 11.32
CHANGE OF NAMES/CLASSIFICATION
(Clause 11.5)
| # | Description of Reserve |
|---|---|
| 1. | Mount Cook National Park: [insert legal description] |
| 2. | Omihi/Goose Bay (Marlborough Land District): 92.6900 hectares, more or less, being Section 1 Block X Hundalee Survey District [S.O. 1344], Section 18 Block X Hundalee Survey District [S.O. 6117] and Section 10 Block XV Hundalee Survey District [S.O. 1627], all being part of a scenic reserve pursuant to section 19 of the Reserves Act 1977 [and The New Zealand Gazette 1984, page 5468], as shown in Deed Map MS 487. |
| 3. | Bluff Hill Scenic Reserve (Southland Land District): 150.4700 hectares, more or less, being Sections 2, 25 and 40 Block I Campbelltown Hundred, Lot 37 DP 15, Lot 3 DP 3368 and parts Lot 5 Deed Plan 55. Contained in Certificates of Title B4/1268, 149/40, 10/249 and 31/60 (Southland Registry) CT 149/40 is subject to Transfer 71376 creating the right to construct and maintain water races, etc. |
| 4. | Shag Point Recreation Reserve (Otago Land District):
|
| 5. | Maungaatua Scenic Reserve (Otago Land District): 1283.6683 hectares more or less being Section 31, 49, 50, 51 and 55, Block I, Maungatua Survey District, Sections 1 and 2, Part Section 3, Block VIII, Maungatua Survey District, Lot 1 DP 20529, Lot 1 DP 20530, Sections 10, 32, 33 and 34 and Part Section 22, Block XI, Maungatua Survey District, Lot 1, DP 18686, Sections 11, 14, 15, 16, 17, 18, 23 and 24, Block XIV, Maungatua Survey District, and Lot 1, DP 17720. as shown on Deed Map MS 23. |
| 6. | Castle Hill Conservation Area (Canterbury Land District): 54.0496 hectares, more or less, being Rural Section 40839 (S.O. 15192), Rural Section 40840 (S.O. 15192) and Lot 2 DP 43207 situated in Block XVI Harper and Block IV Coleridge Survey Districts. Part comprised on CT 23B/918 (Canterbury Land Registry), subject to Deed of Grant 23B/921 right to convey water, as shown on Deed Map MS 14. |
ATTACHMENT 11.33
te waihora (lake ellesmere)
(Clause 11.6)
[Deed Map in separate volume]
legal description
canterbury Land District Selwyn / Banks Peninsula District Councils
-
(a)
- Part Reserve 959 [(S.O. 8677 and S.O. 8678)] (less Greenpark Sands and 2
hectares approximately east of Greenpark) [situated in Blocks XV, XVI Leeston
Survey District, Blocks III, IV, VII and VIII Southbridge Survey District,
Blocks I, II, III, V and VI Ellesmere Survey District and Blocks XIII, XIV and
XV Halswell Survey District.] Crown land. Section 383 Land Act 1924. Subject to
survey; -
(b)
- Part Reserve 959 (S.O. 1323) situated in [Blocks III and IV Ellesmere Survey
District.] Subject to survey; -
(c)
- 23.0417 hectares more or less being Part Reserve 959 (S.O. 7953) [situated
in Block XVI Leeston Survey District.] River Protection. Contained in all NZ
Gazette 1949 page 853; -
(d)
- 8.0937 hectares, more or less, being Section 16, Block VIII Reserve 959
[(S.O. 1323)] situated in Block III Ellesmere Survey District; -
(e)
- 5.3620 hectares more or less being Section 10 Block VIII Reserve 959 [(S.O.
1324)] situated in Block III Ellesmere Survey District; and -
(f)
- Reserve 4385 [(S.O. 6979)] situated in [Block XVI Leeston Survey District,
Blocks IX and XIII Halswell Survey District and Block I Ellesmere Survey
District.] Crown land. [Contained in all NZ Gazette 1960 page 1657.] Subject to
survey,
all as shown in Deed Map MS 33.
PART A: EXISTING LAWFUL COMMERCIAL USES AFFECTING BED OF TE WAIHORA
[To be determined]
PART B: EXISTING STRUCTURES IN OR UPON BED OF TE WAIHORA
[To be determined]
PART C: ENCUMBRANCES
[To be inserted (if applicable)]
ATTACHMENT 11.34
EASEMENT AGREEMENT, TE WAIHORA
(Clause 11.6.5)
BACKGROUND
-
1.
- Pursuant to Clause [ ] of the draft Deed of Settlement between Te Runanga
and the Crown, a Certificate of Title will issue to Te Runanga for that part of
the bed of Te Waihora yet to be surveyed but which survey shall include such
land as is in Crown ownership, much of it beneath the variable body of water
known as Te Waihora or Lake Ellesmere the boundaries of which:-
(a)
- are generally shown by a continuous black line on Deed Map MS 33;
-
(b)
- consist of the edge of those roads nearest to the lake, where legal public
roads are shown on that Map as bordering the lake edge;
but which exclude:
-
(c)
- the land at, and extending from, the mouth of the Selwyn River and shown in
cross-hatching on Deed Map MS 33/2, excluded so as to provide legal access to
the bed of Te Waihora; and -
(d)
- the Selwyn Delta River Protection Reserve which is vested in the Canterbury
Regional Council, unless Te Runanga and that Council agree otherwise prior to
the Settlement Date; and -
(e)
- Greenpark Sands.
-
-
2.
- The title will be subject to an easement in favour of the Canterbury
Regional Council ("CRC") to enable CRC to open and close the channel from
Te Waihora to the sea pursuant to any existing authority or notified use under
the Water and Soil Conservation Act 1967 or made under the Resource Management
Act 1991 as amended or re-enacted (or its successor), including any resource
consent granted from time to time, in each case complying with the National
Water Conservation (Lake Ellesmere) Order 1990. -
3.
- The easement will allow access to the CRC to certain parts of the land
contained in the new title and will specify the use to which the CRC may put the
land. The terms and conditions of access and use will be specified in an
Easement Agreement (which will eventually be registered against the Certificate
of Title following formal survey). -
4.
- The Easement Certificate must make provision for alteration of the Easement
Area (as defined below) as a result of the movement from time to time of the
Mean High Water Springs.
DRAFT EASEMENT
A draft form of agreement as to the restrictions on access to and use of the
land is as follows:-
-
1.
- Definitions
For the purposes of this Agreement:
"Consent" means any existing authority or notified use under the Water and
Soil Conservation Act 1967 or made under the Resource Management Act 1991 as
amended or re-enacted (or its successor), including any resource consent granted
from time to time, in each case complying with the National Water Conservation
(Lake Ellesmere) Order 1990."Machine Park" means an area of approximately 200 metres in length and 180
metres in width (at its widest boundary) more particularly shown on the plan
attached to this Agreement marked "Machine Park"."Land" means the area of land known as "Te Waihora" transferred to Te Runanga
pursuant to Clause [ ] of the Ngai Tahu Claims Settlement Act [1998]."Existing Track" means the existing customary use track to the beach area
situated landward of Mean High Water Springs and extending from the Maori road
approximately 1.1 kilometres to the machine park having a width of approximately
20 metres and being situated within approximately 120 metres landward of Mean
High Water Springs more particularly shown on the plan attached to this
agreement marked "Vehicle access 20m wide centred on existing track" (Deed Map
MS 33/5)."Excavation Area" means an area of approximately 500 metres in width and
extending approximately 350 metres landward of Mean High Water Springs more
particularly shown on the plan attached to this Agreement and marked "Excavation
Area"."Easement Area" means the Excavation Area, the Machine Park and the Existing
Track as altered from time to time pursuant to the provisions of clause 8 of
this Agreement. -
2.
- Grant of Easement
The Canterbury Regional Council (or such other holder for the time being of a
Consent) (referred to in this agreement as "CRC") shall have the full, free,
uninterrupted and unrestricted right, together with its agents, workmen,
servants (and in common with Te Runanga, its servants, tenants, agents, workmen,
licensees and invitees and any other person lawfully entitled) from time to time
and at all times to go on to, along and over the Easement Area with or without
vehicles, motor vehicles, machinery and implements of any kind but subject to
the terms, conditions and restrictions set out below. -
3.
- Right of Access
Subject to the provisions of Clause 8 below, CRC must exercise the rights of
access specified in Clause 2 above to the Machine Park and the Excavation Area
by using the Existing Track and not by any other means. -
4.
- Use of Land
Subject to the remaining terms and conditions of this agreement, CRC shall be
entitled to exercise the easement hereby granted solely for the purposes of
operating a Consent and not for any other purpose without the prior written
consent of Te Runanga. -
5.
- Excavation Right
CRC may carry out such excavation on the Excavation Area as shall be
necessary to give effect to the Consent using such methods of excavation and
spoil disposal as CRC shall in its absolute discretion determine. -
6.
- Parking of Vehicles, Machinery and Implements
CRC shall be entitled to park, in the Machine Park, such vehicles, machinery
and implements as shall be necessary to enable it to complete artificial opening
or closing of Te Waihora by way of a channel to the sea in terms of any Consent
and shall not park vehicles, machinery or implements on any other part of the
Land without the prior written consent of Te Runanga. -
7.
- Shelter for Vehicles, Machinery and Implements
CRC shall be entitled to maintain and/or add to any gravel pile situated on
the Machine Park for the purposes of providing shelter for such vehicles,
machinery and implements remaining on the Machine Park during the duration of
any Consent. -
8.
- Effect of Alteration of Mean High Water Springs
In the event that the line of Mean High Water Springs so alters so as to
render the use of the Easement Area inoperable then, for the purposes of this
Agreement, the Easement Area shall be deemed to be located in such position as
shall:-
(a)
- provide for replacement of the Existing Track within 120 metres landward of
Mean High Water Springs; -
(b)
- provide for relocation of the Machine Park, Existing Track and Excavation
Area in identical size and relative location to each other as shown on the plan
attached to this agreement and as shall have been the case immediately prior to
relocation; and -
(c)
- be agreed to in writing by Te Runanga prior to the exercise by CRC of any of
the rights contained in this Agreement in so far as those rights are to be
exercised over the Easement Area (as relocated) PROVIDED THAT for the purposes
of this clause Te Runanga shall give its consent to such relocation in terms of
this clause 8 as will not, in the opinion of Te Runanga, interfere with or in
any way affect any Wahi Tapu sites situated on the Land.
-
-
9.
- Public Liability Insurance
At all times during the operation of this Agreement CRC shall be responsible
for ensuring the safety of all its agents, servants and workmen situated on the
Land and shall ensure that it or they has adequate public liability insurance. -
10.
- Repair of Damage
CRC shall ensure that as little disturbance as possible is caused to the surface of the Existing Track and Machine Park (as relocated from time to time in terms of clause 8 of this Agreement) (other than disturbance caused by way of such excavation as shall be necessary to comply with the terms of any Consent) and shall ensure that the surface of the Existing Track and Machine Park (as relocated from time to time in terms of clause 8 of this Agreement) is restored as nearly as possible to its original condition (but subject to the provisions of clause 7 of this Agreement) and that any other damage caused by reason of operation of this Agreement is repaired forthwith.
-
11.
- No Obstruction
Te Runanga shall use its best endeavours to ensure that, for the duration of any Consent, the Land shall be kept clear at all times of obstructions whether caused by parked vehicles, deposit of materials or unreasonable impediment to
the use of the Land for the purposes of this Agreement. -
12.
- Dispute Resolution
In the event of any dispute arising from or in connection with this Agreement, both parties shall use their best endeavours to settle such dispute in an amicable manner. If the parties are unable to resolve the dispute in such a manner, the matter shall be referred to mediation. If the parties are unable to resolve the dispute at mediation then the matter shall be referred to arbitration pursuant to the provisions of the Arbitration Act 1996.