Ngai Tahu Settlement

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

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>ATTACHMENT 11.35

AREAS SUBJECT TO JOINT MANAGEMENT PLAN

(Clause 11.6.15(b))

References (prefixed with the letter M) are to the plan referred to in
clause 11.6.1

Reference	Area (hectares)	Block and Survey District	Description	Name and comment
M37/1	4.0468	VII Southbridge	Reserve 2542	Gravel reserve.
M36/192	101.1714	III, VII Southbridge	Section 1	Lakeside Wildlife Management Reserve, excluding area to be vested in Te Runanga pursuant to clause 11.1.
M36/194	2.4281	III Southbridge	Part Reserve 2951	Landing reserve.
M36/503	0.5000	III Southbridge	Crown Land SO 17138	Conservation Area.
M36/502	2.5000	III Southbridge	Part Reserve 959 SO 17138	Conservation Area.
M36/190	231.8848	II, III Southbridge	Reserve 5121	Harts Creek Wildlife Management Reserve.
M36/500	10.1171	XV Leeston	Section 49 SO Plan 17138	Conservation Area.
M36/471	87.7231	XV Leeston	Lots 1 and 2, DP 23120, Section 12	Williams Wildlife Management Reserve (subject to survey for land exchange agreed by Te Runanga and Department of Conservation) a survey (required before exchange can take place) unable to be completed before Deed is finalised.
M36/470	77.4972	XI, XII, XV, XVI Leeston	Lot 1 DP 10043	Wards Wildlife Management Reserve.
M36/188	1.9000	XVI Leeston	Part Reserve 4100	Conservation Area.
M36/187	1.1000	XVI Leeston	Part Reserves 4100, 959	Adjoining Lower Selwyn Huts, Conservation Area.
M36/473	0.9531	XVI Leeston	Part Reserve 4100	Lower Selwyn Huts.
M36/186	169.8308	XII, XVI Leeston	Section 18	Part Selwyn Wildlife Management Reserve, excludingarea to be vested under clause 11.1.
M36/507	0.6000	XII Leeston	Crown Land	Conservation area.
M36/183	286.0000	IX, XIII Halswell XII, XVI Leeston	Section 50	Yarrs Flat Wildlife Management Reserve.
M36/181	18266.8500	Ellesmere, Halswell, Leeston, Southbridge	Reserve 4385 & Part Reserve 959	Excluding the Selwyn delta and Greenpark Sands areas to be retained by Department of Conservation and the Ahuriri site to be vested pursuant to clause 11 of this Deed (Ancillary redress section).
M36/148	10.0000	XV Halswell	Crown Land	Part McQueens Lagoon Conservation Area.
M36/149	10.5000	XV Halswell	Crown Land	Part McQueens Lagoon Conservation Area.
M36/159	10.5000	III Ellesmere	Crown Land	Motukarara - Little River former railway, Conservation Area.
M36/160	2.0234	VII Ellesmere	Section 15	Former railway, quarry, Kaituna, Conservation Area.
M36/163	3.0351	III Ellesmere	Reserve 2594	Conservation Area adjacent to Kaituna Lagoon. [In Ngai Tahu area being vested]
M36/169	12.1000	III Ellesmere	Crown Land	Former railway, Conservation Area.
M36/170	9.5000	III, IV Ellesmere	Crown Land	Former railway, Conservation Area..
M36/171	10.8000	IV Ellesmere	Crown Land	Former railway, Conservation Area..
M36/486	60.7028	II, IV Ellesmere	Reserve 682	Kaitorete, Timber Depot and Landing Area, Reserve, excluding land to be vested pursuant to clause 11.1.
M37/10	80.6639	V Ellesmere	Reserve 683	Waihora Scientific Reserve.

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ATTACHMENT 11.36

maimai management agreement

TE WAIHORA

(Clause 11.6.13)

[Attachment comprises 13 pages]

DATED September 1997

TE RUNANGA O NGAI TAHU

and

THE MINISTER OF CONSERVATION

and

NORTH CANTERBURY FISH AND GAME COUNCIL

AGREEMENT

relating to

THE use and management OF MAIMAIS

AN AGREEMENT made on September , 1997

BETWEEN:

(1)

TE RUNANGA O NGAI TAHU incorporated pursuant to Te Runanga o Ngai
Tahu Act 1996 ("Te Runanga");

(2)

THE MINISTER OF CONSERVATION at Wellington ("DoC"); and

(3)

NORTH CANTERBURY FISH & GAME COUNCIL established pursuant to the
Conservation Act 1987 (the "Council").

RECITALS:

A

The Crown and Te Runanga are negotiating a Deed of Settlement whereby, inter
alia, the fee simple title to the Bed of Te Waihora and certain sites adjacent
to it will vest in Te Runanga.

B

Pursuant to the Deed of Settlement, Settlement Legislation will be enacted
so as to give effect to the matters the subject of the Deed of Settlement.

C

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 such
rights otherwise remain lawful.

D

The Settlement Legislation will provide that use of Maimais on the Bed of Te
Waihora shall be at Te Runanga's discretion and will record that in the exercise
of that discretion, Te Runanga has entered into this Agreement.

E

This Agreement reflects the wish of the parties to establish a durable
long-term relationship so as to achieve integrated management of Te Waihora.

F

The Council wishes to secure the rights of Hunters to the continued use of
Maimais for recreational hunting purposes and has agreed to undertake the
management and control of all Maimais on the Land.

G

The Settlement Legislation will provide that the use of Maimais on specified
areas of land administered by the Department of Conservation will be exempt from
the concession requirements of the Conservation Act and the statutes specified
in the First Schedule to that Act.

H

The Settlement Legislation will provide for the preparation by Te Runanga
and the Director-General of Conservation, within 6 years from the Vesting Date,
of a Joint Management Plan for the integrated management of the Land and the
natural and historic resources within that Land. The Council will be involved at
all relevant stages of the Joint Management Planning process as a key
stakeholder.

I

The Deed of Settlement and the resulting Settlement Legislation will provide
that when preparing the Joint Management Plan the Secretary of Te Runanga and
the Director-General of Conservation are to have regard to the terms of this
Agreement as far as they relate to the management of Maimais, and in turn this
Agreement will be subject to the objectives of the Joint Management Plan.

J

DoC and Te Runanga separately reserve their respective rights, solely at
their discretion, to add additional areas of land that they may acquire from
time to time to the area covered by the Joint Management Plan. If any lands are
so added, the parties may by agreement extend the coverage of this Agreement to
cover those areas.

IT IS AGREED:

Definitions

1.1

In this Agreement terms defined in the Deed of Settlement shall bear the
same meaning when used in this Agreement and the following terms shall have the
following meanings:

Agreement means this Agreement and the Schedule;

Bed means the Bed of Te Waihora as defined in the Deed of Settlement;

Commencement Date means the Settlement Date, being the date upon which
title to the Bed of Te Waihora vests in Te Runanga;

Hunters means game-bird hunting licence holders;

Land means the land more particularly described in the Schedule;

Maimai means, for the purpose of this Agreement, any hide or shelter
constructed on the Land for the purpose of game-bird hunting, and any wheeled
mobile hide or shelter that is parked temporarily on the Land for this same
purpose, but does not include portable hides or shelters that are built and
removed on the same day.

Interpretation

1.2

In this Agreement, unless the context otherwise requires:

(a)

words importing the singular shall include the plural and vice-versa;

(b)

words importing a gender shall each include each other gender;

(c)

any reference to a statute or statutory provision shall be to a New Zealand
statute or statutory provision and shall be deemed to include any statute or
statutory provision which amends, extends, consolidates or replaces the same or
which has been amended, extended, consolidated or replaced by the same and any
orders, regulations, instruments or other subordinate legislation made
thereunder;

(d)

headings are for reference only and shall not affect the interpretation of
this Agreement; and

(e)

all references to clauses, recitals and schedules are to clauses, schedules
and recitals to this Agreement.

Conditions Precedent

2.1

Entry into and performance of the terms and conditions of this Agreement are
conditional upon the enactment and coming into force of the Settlement
Legislation and the subsequent vesting of the fee simple title of the Bed of Te
Waihora in Te Runanga.

Term and Right of Renewal

3.1

Subject to clauses 2, 3.2 and 8, this Agreement shall commence
on the Vesting Date and shall have a term of 5 years.

3.2

Provided that the Council has complied with its duties as set out in
clauses 5 and 6 of this Agreement the Council shall have the right
to renew this Agreement for additional 5 year terms (by the Council giving to Te
Runanga and DoC at least 3 months written notice prior to the end of each 5 year
term). The terms and conditions for any renewal period shall be agreed between
the parties (provided that, in the event that the parties fail to agree on terms
and conditions, the terms and conditions applying for the preceding contract
period shall apply for the subsequent renewal period and clause 10.1 will
not apply) and shall include a right of renewal for a further 5 year period
exercised in the same manner and on the same basis as set out in this clause. If
the Council fails to give notice by the specified time or before the expiry of
any further period granted by Te Runanga and DoC this Agreement shall expire at
the end of its term.

Rights of Fish & Game Council

4.1

During the term of this Agreement the Council shall have the right to use
Maimais located from time to time on the Land. The Council shall also have the
right to permit Hunters to use Maimais located on the Land.

4.2

During the term of this Agreement the Council shall have access to the Land
for the purpose of carrying out its duties under this Agreement, and for the
purposes of carrying out its statutory duties in relation to the management of
game-birds, provided that the Council has given Te Runanga and DoC copies of its
current Annual Operational Workplan outlining these activities once adopted.
Otherwise, at least 25 Business days notice will be given by the Council before
it takes such action.

Duties of Fish & Game Council

5.1

In consideration of the right to use Maimais the Council shall assume
responsibility for the management, use and control of all Maimais located on the
Land and the Council shall act in a manner consistent with the Joint Management
Plan from time to time in draft or approved form. Without limiting the
generality of the foregoing the Council shall:

(a)

develop, in consultation with Te Runanga and DoC, conditions and standards
for the siting, construction, , use, maintenance and removal of Maimais. The
conditions and standards shall also address such matters as the size, location,
materials to be used, separation distances and removal of derelict Maimais;

(b)

within 12 months of the date of this Agreement, create and then keep updated
on an annual basis a register of Maimais from time to time on the Land by
recording the approximate location of each fixed Maimai on a map, copies of
which are to be provided to Te Runanga and/or DoC upon request, and using its
best endeavours to register any mobile maimais used that year;

(c)

within the initial period of 15 months from the date of this Agreement, and
in each calendar year thereafter, remove any Maimais the Council does not
register (as provided in (b) above) or within 3 months of being advised in
writing by Te Runanga and/or DoC to remove any derelict Maimai. The requirements
of this clause are subject to weather and lake conditions allowing such removal;

(d)

at all times take steps to ensure that it and hunters using the Maimais
observe and comply with the reasonable requests of Te Runanga and/or DoC in
relation to access across the Land to Maimais;

(e)

control the siting, construction, use, maintenance and removal of maimais
through the enforcement of conditions and standards agreed pursuant to
clause 5.1(a).

5.2

The Council agrees that management and control of Maimais by it will, in
addition to the provisions of this Agreement, be subject to and consistent with
the Joint Management Plan. It is not intended by either Te Runanga or DoC that
the Joint Management Plan will have the effect of frustrating the general
objectives of this Agreement.

5.3

For the avoidance of doubt, and without limiting clause 5.2, the
Council agrees that where the Joint Management Plan designates from time to time
that Maimais should be removed from or not erected in any discrete area on the
basis that the erection or use of Maimais would threaten the conservation and/or
mahinga kai values of that area, and Te Runanga and/or DoC direct the Council to
remove or not to erect Maimais in such areas of the Land, the Council will
comply with such direction.

Contributions

6.1

In consideration of the rights given to the Council and Hunters under this
Agreement, the Council agrees to contribute to the objectives of the Joint
Management Plan where these are consistent with the purposes and objectives of
the Council. The extent of the Council's obligation in this regard will be
calculated by multiplying the number of registered Maimais, pursuant to
clause 5.1(b), by a sum equalling 50% of the annual game-bird hunting
licence fee (not including GST) as set by the Council from time to time. In
addition, the Council will pay GST (if any) on the sum payable to Te Runanga
under this clause.

6.2

The Council may discharge its obligations pursuant to clause 6.1 by
the carrying out of annual projects agreed with Te Runanga and DoC that give
effect to the purpose of the Joint Management Plan and the objectives identified
within it, and are consistent with the purposes and objectives of the Council.

6.3

In the event that the parties cannot agree on projects to be carried out
pursuant to clause 6.2, or that such projects do not fully discharge the
Council's obligations under this Agreement, the Council will make good any
shortfall by providing to Te Runanga and DoC either:

(a)

resources, by way of donation of materials, equivalent to the amount of the
agreed shortfall;

(b)

cash; or

(c)

any combination of (a) and (b).

6.4

Any monetary contributions paid by the Council pursuant to this clause shall
be paid to the bank account operated by Te Runanga for the purpose, or in any
other manner directed by Te Runanga and DoC from time to time. Such
contributions will, in respect of the period between the date of this Agreement
and the end of the Council's financial year, be paid within 20 business days of
the end of that financial year. Thereafter, any monetary contributions payable
in respect of each subsequent 12 month period shall be paid within 20 business
days of the expiration of such 12 month period.

6.5

Te Runanga and DoC agree that any contribution by the Council as provided
for in this clause shall be devoted to projects relating to the Land and to give
effect to the purposes of the Joint Management Plan and objectives identified
within it or such other projects as may be agreed by the parties, consistent
with the purposes and objectives of the Council.

6.6

In consideration of the contribution by the Council provided for in this
clause Te Runanga and DoC undertake that they will not impose any fees on
Hunters using Maimais on the Land, during the currency of this Agreement.

Accounting for Contributions

7.1

Te Runanga and DoC agree to account to the Council for any contributions
paid pursuant to clause 6 and to provide the Council with an annual
report detailing how the proceeds of those contributions have been applied.

7.2

The Council will report to Te Runanga and DoC on any projects carried out
under clause 6, including details of the Council's contributions of time
and materials.

7.3

Te Runanga will also account on an annual basis to DoC for any funds held by
it pursuant to clause 6. That report will include the location of the
funds, the amount held, and details of all deposits and withdrawals during the
preceding year.

Termination

8.1

Te Runanga and DoC, following consultation and agreement between themselves
shall have the right at any time by giving notice in writing to the Council to
terminate this Agreement forthwith if the Council commits a material breach of
any of the terms and conditions of this Agreement which breach if remediable is
not remedied within 60 business days from receipt of notice in writing from Te
Runanga and DoC jointly requesting its remedy. Notwithstanding the foregoing Te
Runanga and DoC shall not be obliged to give such notice in the case of
persistent and material breaches, but may terminate the Agreement immediately.

8.2

Any waiver by Te Runanga and DoC of a breach of any provision of this
Agreement shall not be considered as a waiver of any subsequent breach of the
same or any other provision thereof.

8.3

The rights to terminate this Agreement given by this clause shall be without
prejudice to any other right or remedy of either Te Runanga or DoC in respect of
the breach concerned (if any) or any other breach.

Consequences of Termination

9.1

Upon the termination of this Agreement for any reason:

(a)

any monies held by Te Runanga pursuant to clause 6 above will be used
for the purposes for which they were collected. Full reports will be made to all
the parties to this Agreement showing the detail of that expenditure.

(b)

the Council shall have no claim against either Te Runanga or DoC for
compensation for loss attributable to the termination of this Agreement;

(c)

subject as otherwise provided herein and to any rights or obligations which
have accrued prior to termination, no party shall have any further obligation to
the other under this Agreement; and

(d)

Te Runanga and DoC will resume complete discretion in relation to the
management and use of Maimais on the Land, subject to existing legislation.

Dispute Resolution

10.1

In the event of any dispute arising from or in connection with this
Agreement, the parties shall use their best endeavours to settle such dispute or
difference in an amicable manner. If the parties are unable to resolve the
dispute or difference in such a manner, the matter shall be referred to
mediation. If the parties are unable to resolve the dispute or difference at
mediation the matter shall be referred to arbitration pursuant to the provisions
of the Arbitration Act 1996.

General

11.1

Non-Assignment: The Council shall not mortgage, charge or assign any
rights or transfer, delegate or sub-contract the performance of any obligation
under this Agreement without Te Runanga's and DoC's prior written consent, such
consent not to be unreasonably withheld.

11.2

Delegation: All rights, powers, authorities and duties vested in or
to be exercised by DoC under this Agreement and any notice required to be given
by DoC may be exercised and given by the Director-General of Conservation or the
Regional Conservator, Canterbury Conservancy or any duly authorised officer,
employee or agent of the Department of Conservation.

11.3

Notices: All notices and other communications provided for or
permitted hereunder shall be sent by airmail with postage prepaid, by hand
delivery or by facsimile as follows:

If to Te Runanga o Ngai Tahu:

Attention: The Secretary
Te Runanga o Ngai Tahu
PO Box 13-046

Christchurch

Telephone No: 064 03 366 4344

Facsimile No: 064 03 365 4424

If to the Minister of Conservation:

Attention: Regional Conservator
Canterbury Conservancy
Department of
Conservation
Private Bag
133 Victoria Street
Christchurch

Telephone No: 064 03 379 9758

Facsimile No: 064 03 371 3770

If to the Fish and Game Council:

Attention: Manager
Fish and Game New Zealand
North Canterbury Region

3 Horatio Street
Christchurch

Telephone No: 064 03 366 9191

Facsimile No: 064 03 365 0612

or such other address or person as any party may specify by notice in writing
to the others. All such notices or communications shall be deemed to have been
duly given or made:

(i)

2 days after being deposited in the mail with postage prepaid;

(ii)

when delivered by hand; or

(iii)

if sent by facsimile, when receipt is confirmed by dispatching facsimile.

11.4

Non-Waiver: No waiver of any rights arising under this Agreement
shall be effective unless in writing and signed by a duly authorised signatory
of the party against whom the waiver is to be enforced. No failure or delay by
either party in exercising any right, power or remedy under this Agreement
(except as expressly provided herein) shall operate as a waiver of any such
right, power or remedy.

11.5

Non-Derogation: Except as expressly provided in this Agreement
nothing in this Agreement is to derogate from any rights or powers of the
parties under common law, statute or the Treaty of Waitangi.

11.6

Reconstruction: If any provision of this Agreement should become
illegal or void for any reason, the validity of the remaining provisions shall
not be affected and the parties shall enter into negotiations in good faith to
find a replacement for the provision which is of similar effect without
illegality or being void.

11.7

Modifications: No addition to or modification of any provision of
this Agreement shall be binding upon the parties unless made by a written
instrument signed by a duly authorised signatory of each of the parties.

11.8

Entire Agreement: This Agreement sets out the entire agreement and
understanding between the parties with respect to the subject matter hereof.
This Agreement supersedes all previous agreements, arrangements and
understandings between the parties with respect to the subject of this
Agreement, which shall cease to have any further force or effect.

11.9

Counterpart Execution: This Agreement may be executed in counterpart
each of which will be deemed an original but all of which together shall
constitute one and the same instrument.

11.10

Governing Law: This Agreement shall be construed and interpreted and
its performance shall be governed by New Zealand Law.

EXECUTED as an Agreement by the duly authorised representatives of
each of the parties.

SIGNED by THE MINISTER

OF CONSERVATION in the

presence of:

Signature: __________________________

Name of Witness: __________________________

Address: __________________________

Occupation: __________________________

THE COMMON SEAL of the

NORTH CANTERBURY FISH

AND GAME COUNCIL was

affixed in the presence of:

_______________________________ Manager

_______________________________ Councillor

in the presence of:

Signature: __________________________

Name of Witness: __________________________

Address: __________________________

Occupation: __________________________

THE SEAL of

Te Runanga O Ngai Tahu

was affixed in the presence of:

_______________________________ Te Runanga Representative

_______________________________ Secretary

in the presence of:

Signature: __________________________

Name of Witness: __________________________

Address: __________________________

Occupation: __________________________

SCHEDULE

1.

The Bed of Te Waihora as described in Section 11 (Mahinga Kai Properties) of
the Deed of Settlement.

2.

The areas described in Attachment 11.32 of the Deed of Settlement 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.

3.

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 specified in the First Schedule to the Conservation Act 1987 (excluding
any such areas held and managed under those Acts by Fish & Game Councils)
for so long as they are so held, managed or administered.