Ngai Tahu Settlement

SECTION 12: MAHINGA KAI - GENERAL

.. continued

12.3 - DEEDS OF RECOGNITION

No later than the Settlement Date the Crown will enter into the Deeds of
Recognition set out in Attachments 12.65 to 12.128 in respect of those
parts of the areas, Rivers, Lakes and Wetlands described in those
Attachments which are owned or managed by the Crown.

12.4 - TE RUNANGA TO BE STATUTORY ADVISER

12.4.1

Definitions

In this clause:

Sites means the areas described in Attachment 12.129 and in
clauses 11.6.15(b) and (c) and 11.8.13;

Statutory Adviser means Te Runanga in its role as an adviser to the
Minister of Conservation appointed under the Settlement Legislation, on the
terms set out in this clause 12.4.

12.4.2

Appointment of Statutory Adviser

The Crown agrees that the Settlement Legislation will provide for the
appointment of Te Runanga as a Statutory Adviser in respect of the Sites.

12.4.3

Functions of Statutory Adviser

The Crown agrees that the Settlement Legislation will provide that pursuant
to the terms of its appointment as a Statutory Adviser, Te Runanga may provide
advice directly to the Minister of Conservation in respect of any Site when the
Minister is considering any draft Conservation Management Plan or Conservation
Management Strategy under the Conservation Act 1987 or any national park
management plan under the National Parks Act 1980, and when the Minister is
making written recommendations to the New Zealand Conservation Authority in
respect of that Site.

12.4.4

Duty to Have Particular Regard to Advice

The Crown agrees that the Settlement Legislation will provide that the
Minister of Conservation must have particular regard to the advice given by Te
Runanga pursuant to clause 12.4.3.

12.4.5

Exception With Regard to Te Waihora Joint Management Plan

The Crown agrees that the Settlement Legislation will provide that, for the
avoidance of doubt, clauses 12.4.3 and 12.4.4 shall not apply to the
consideration and approval by the Minister of Conservation of the Joint
Management Plan referred to in clause 11.6.19, or approval of any review
or amendment of such plan from time to time.

12.4.6

Pikirakatahi (Mount Earnslaw)

The Crown agrees that the Settlement Legislation will provide that, if any
part of the area presently included in pastoral lease CL 338/105 (Otago Land
District) is ever surrendered to the Crown and becomes a conservation area and
managed by the Department of Conservation, then such part of that area as is
held under the Conservation Act 1987 or the statutes listed in the First
Schedule to the Conservation Act 1987 and as may have been identified pursuant
to similar processes used by the parties for identification of Sites which are
mountains, prior to entry into this Deed and agreed by Te Runanga and the Crown,
shall become part of the Site known as Pikirakatahi (Mount Earnslaw) for the
purposes of this clause 12.4. Te Runanga and the Crown agree that the
rights of the lessee under that pastoral lease, in particular with respect to
tenure review, shall not be affected in any way by this clause.

12.4.7

Tokata (The Nuggets)

The Crown agrees that the Settlement Legislation will provide that, if any
part of the area described as the "Islands" in Item 11 of
Attachment 12.129 is confirmed at any time to be in Crown ownership, that
area shall become part of the Site known as Tokata (the Nuggets) for the
purposes of this clause 12.4.

12.5 - TOPUNI

Preamble

The word "topuni" has a number of meanings for Ngai Tahu, including
references to both a type of dogskin cloak and the associated custom of placing
such a cloak over an object or individual so as to confer the rangatiratanga of
the cloak's owner upon those things. Ngai Tahu has adopted an additional meaning
for the word "topuni": that of confirming and placing an 'overlay' of Ngai Tahu
values upon a piece of land owned and/or managed by the Crown, while not
overriding the powers and obligations of the Crown to manage that land for the
purpose for which it is held from time to time.

12.5.1

Definitions

In this clause:

Topuni means for the purposes of this Deed an area of land which is
administered under the National Parks Act 1980, the Conservation Act 1987 or the
Reserves Act 1977, having Ngai Tahu Values, and declared as Topuni pursuant to
the Settlement Legislation on the terms set out in this clause 12.5;

Ngai Tahu Values means for the purposes of this clause Te Runanga's
statement of the cultural, spiritual, historic and/or traditional association of
Ngai Tahu with each Topuni.

12.5.2

Declaration as Topuni

The Crown agrees that the Settlement Legislation will provide for the areas
described in Attachments 12.130 to 12.143 to be declared as Topuni.

12.5.3

Description of Ngai Tahu Values

The Crown agrees that the Settlement Legislation will describe and
acknowledge the Ngai Tahu values of each Topuni as set out in
Attachments 12.130 to 12.143.

12.5.4

Actions by Minister of Conservation in Topuni

The Crown agrees that the Settlement Legislation will provide that, if Te
Runanga and the Crown agree from time to time upon specific principles which are
directed at the Minister of Conservation avoiding harm to or the diminishing of
the Ngai Tahu Values related to an area in which a Topuni is located, such
agreed principles, including any agreed changes to such principles, shall be
notified by the Minister of Conservation in the New Zealand Gazette.

12.5.5

Gazetting of Specific Principles

Te Runanga and the Crown agree that the specific principles set out in
Attachments 12.130 to 12.143 shall be notified by the Minister of
Conservation in the New Zealand Gazette within 21 Business Days after the
Settlement Date.

12.5.6

Conservation Authority and Conservation Boards to Have Particular Regard
to Ngai Tahu Values

The Crown agrees that the Settlement Legislation will provide that the
New Zealand Conservation Authority or any conservation board in approving or
otherwise considering any general policy, conservation management strategy,
conservation management plan or national park management plan in respect of a
Topuni will have particular regard to:

(a)

the Ngai Tahu Values of the Topuni; and

(b)

the specific principles agreed between Te Runanga and the Crown from time to
time pursuant to clause 12.5.4.

12.5.7

Conservation Authority and Relevant Conservation Boards to Consult with
Te Runanga

The Crown agrees that the Settlement Legislation will provide that the
New Zealand Conservation Authority or relevant conservation board will consult
with Te Runanga and have particular regard to its views as to the effect of any
such policy, strategy or plan on the Ngai Tahu Values.

12.5.8

Notification of Topuni

The Crown agrees that the Settlement Legislation will provide:

(a)

that the declaration of Topuni pursuant to clause 12.5.2 will be
identified and described in the relevant conservation management strategies,
conservation management plans, and national park management plans from time to
time;

(b)

that the initial identification and description of the Topuni in a
conservation management strategy, conservation management plan or national park
management plan is for the purpose of public notice only and is not an amendment
to the conservation management strategy, conservation management plan or
national park management plan for the purposes of section 17I of the
Conservation Act 1987 or section 46 of the National Parks Act 1980; and

(c)

that the declaration of the Topuni will be notified by the Minister of
Conservation in the New Zealand Gazette.

12.5.9

Actions by Director-General

The Crown agrees that the Settlement Legislation will provide:

(a)

that the Director-General of Conservation, on notification by the Minister
of Conservation in the New Zealand Gazette of the specific principles
referred to in clause 12.5.4, shall, subject to clauses
12.5.9(b) and (c), take action in relation to such principles;

(b)

that the Crown, through the Director-General of Conservation, shall retain a
complete discretion to determine the method and extent of the action referred to
in clause 12.5.9(a);

(c)

that the Crown, through the Director-General of Conservation, shall notify
Te Runanga from time to time of what action it intends to take pursuant to
clause 12.5.9(a) and (b);

(d)

that if requested in writing by Te Runanga, the Director-General of
Conservation shall take no action in respect of such principles;

(e)

that without limiting clause 12.5.9(b), the Director-General of
Conservation, after consultation with the conservation boards affected, may
initiate an amendment of any relevant conservation management strategy,
conservation management plan or national park management plan to incorporate
objectives relating to such principles, including a recommendation to make
bylaws or promulgate regulations;

(f)

that any amendment initiated under clause 12.5.9(e) is an amendment
for the purposes of section 17I(1) to (3) of the Conservation Act 1987, or
section 46(1) to (4) of the National Parks Act 1980;

(g)

in respect of Topuni, for the power for the Crown to make by-laws, or
promulgate regulations, or issue Orders-in-Council to implement the objectives
of any such conservation management strategy, conservation management plan or
national park management plan, and to prescribe conditions for behaviour and
activities by the public on Topuni and the enforcement of any such prohibitions
or conditions; and

(h)

that the Director-General may, at his or her discretion, notify any action
intended to be taken pursuant to clause 12.5.9(b) in the New Zealand
Gazette.

12.5.10

Actions by Director-General

The Crown confirms that the actions set out in Attachments 12.130 to
12.143 are actions which the Director-General has in his discretion
determined to take, which actions shall be notified by the Director-General in
the New Zealand Gazette within 21 Business Days after the Settlement
Date.

12.5.11

Existing Classification of Topuni

The Crown agrees that the Settlement Legislation will provide that,
notwithstanding the declaration of an area as a Topuni, or revocation of a
Topuni pursuant to clause 12.5.12, the existing protection or
classification of the area in which the Topuni is located as a national park,
conservation area or reserve shall not be overridden.

12.5.12

Revocation of Status

The Crown agrees that the Settlement Legislation will provide that if Te
Runanga and the Crown agree that Topuni status is no longer appropriate in
respect of a particular site that its status may be revoked by Order-in-Council.

12.5.13

Purpose of Declaration as Topuni

The Crown agrees that the Settlement Legislation will provide that, without
limiting clauses 12.5.14 to 12.5.16, the declaration of areas as
Topuni pursuant to clause 12.5.2 and the acknowledgement of the Ngai Tahu
Values in respect of those areas in clause 12.5.3 will be for the
following purposes only:

(a)

the agreement on specific principles pursuant to clause 12.5.4;

(b)

that the New Zealand Conservation Authority and conservation boards will be
required to have particular regard to the Ngai Tahu Values and those specific
principles, as provided in clauses 12.5.6 and 12.5.7; and

(c)

the taking of action in respect of such specific principles as provided in
clause 12.5.9.

12.5.14

Exercise of Powers, Duties and Functions

The Crown agrees that the Settlement Legislation will provide that, except as
expressly provided in this clause 12.5:

(a)

neither the declaration of the Topuni pursuant to clause 12.5.2 nor
the acknowledgement of the Ngai Tahu Values in clause 12.5.3 will affect
or be taken into account in the exercise of any power, duty or function of any
person or entity under any statute, regulation or bylaw; and

(b)

without limiting clause 12.5.14(a), no person or entity, in
considering any matter or making any decision or recommendations under statute,
regulation or bylaw shall give any greater or lesser weight to the Ngai Tahu
Values than that person or entity would give under the relevant statute,
regulation or bylaw, as if no Topuni had been declared nor the Ngai Tahu Values
acknowledged.

12.5.15

Rights of Third Parties

The Crown agrees that the Settlement Legislation will provide that, unless
expressly provided in this clause 12.5, neither the declaration of Topuni
pursuant to clause 12.5.2 nor the acknowledgement of the Ngai Tahu Values
made in clause 12.5.3 will affect the lawful rights or interests of any
third party from time to time.

12.5.16

Limitation of Rights

The Crown agrees that the Settlement Legislation will provide that, unless
expressly provided in this clause 12.5, neither the declaration of Topuni
pursuant to clause 12.5.2 nor the acknowledgement of the Ngai Tahu Values
made in clause 12.5.3 will of itself have the effect of granting,
creating or providing evidence of any estate or interest in, or any rights of
any kind whatsoever relating to, areas declared as Topuni.

12.5.17

Pikirakatahi (Mount Earnslaw)

The Crown agrees that the Settlement Legislation will provide that, if any
part of the area presently included in pastoral lease CL 338/105 (Otago Land
District) is ever surrendered to the Crown and becomes a conservation area
managed by the Department of Conservation, then such part of that area as is
held under the Conservation Act 1987 or the statutes listed in the First
Schedule to the Conservation Act 1987 and as may have been identified pursuant
to similar processes used by the parties for identification of Topuni which are
mountains, prior to entry into this Deed and agreed by Te Runanga and the Crown,
shall become part of the Topuni known as Pikirakatahi (Mount Earnslaw) for the
purposes of this clause 12.5. Te Runanga and the Crown agree that the
rights of the lessee under that pastoral lease, in particular with respect to
tenure review, shall not be affected in any way by this clause.