Ngai Tahu Settlement

SECTION 12: MAHINGA KAI - GENERAL

.. continued

12.8 - PLACE NAMES

12.8.1

Definitions

In this clause 12.8, the following term has the meaning set out below:

Place Names means the names of the places within the Ngai Tahu Claim
Area listed in Attachment 12.146.

12.8.2

Amendment of Place Names on Official Maps

The Crown agrees that the Settlement Legislation will provide for the
New Zealand Geographic Board to be deemed to have approved the amendment on
official maps of the Place Names from the existing Place Name shown in the left
column to the combined English and Maori name shown in the right column of
Attachment 12.146, in accordance with the requirements of the New Zealand
Geographic Board Act 1946.

12.8.3

Encouragement of use of original Maori place names

The Crown agrees that the Settlement Legislation will provide for the
imposition, as an additional function on the New Zealand Geographic Board
pursuant to section 8(2) of the New Zealand Geographic Board Act 1946, of the
encouragement of the use of original Maori place names on official maps,
including maps as published by or under the direction or control of the
Surveyor-General.

12.8.4

Process for Updating Names

The Crown will arrange for the substitution of the Place Names on
Departmental signs and publications as those signs and publications become due
in the ordinary course for replacement, updating or re-printing.

12.8.5

Change of Name of Trig Point at Tuku Tuku Iwi

Te Runanga and the Crown note that Te Runanga has written to the Surveyor
General requesting him to change the name of the Trig Point upon the Tuku Tuku
Iwi Site to "Tuku Tuku Iwi" and that the Surveyor General has agreed to do so.

12.8.6

Reinstatement of Name of Kaiapoi Pa

The Crown agrees that the Settlement Legislation will provide for all
references in section 21 of the Maori Purposes Act 1979 to "Kaiapohia Pa" to be
amended to read "Kaiapoi Pa".

12.9 - APPOINTMENTS TO STATUTORY BOARDS

12.9.1

New Zealand Conservation Authority

The Crown agrees that the Settlement Legislation will provide for an
amendment to section 6D(1) of the Conservation Act 1987 to provide that the New
Zealand Conservation Authority established under section 6A of the Conservation
Act will include one additional person appointed by the Minister of Conservation
on the nomination of Te Runanga, with effect no later than 6 months from the
Settlement Date.

12.9.2

Conservation Boards wholly within Ngai Tahu Claim Area

The Crown agrees that the Settlement Legislation will provide for an
amendment to section 6P of the Conservation Act 1987 to provide:

(a)

that each of the Conservation Boards established pursuant to section 6L of
the Conservation Act 1987 whose jurisdiction is wholly contained within the Ngai
Tahu Claim Area, (being at present the North Canterbury Conservation Board, West
Coast Conservation Board, Aoraki Conservation Board, Otago Conservation Board
and Southland Conservation Board) will consist of not more than 12 persons being
not more than 10 persons appointed under section 6P(2), and 2 persons appointed
by the Minister of Conservation on the nomination of Te Runanga, with effect
from no later than 1 December 1999; and

(b)

for an exemption for such appointment from the provisions of sections 6P(2)
and (4) of the Conservation Act 1987.

12.9.3

Conservation Boards Partly Within Ngai Tahu Claim Area

The Crown agrees that the Settlement Legislation will provide for an
amendment to section 6P of the Conservation Act 1987 to provide:

(a)

that each of the Conservation Boards established pursuant to section 6L of
the Conservation Act 1987 whose jurisdiction is partly contained within the Ngai
Tahu Claim Area (being at present the Nelson Conservation Board and the
Marlborough Conservation Board) will consist of not more than 12 persons, being
not more than 11 persons appointed under section 6P(2), and 1 person appointed
by the Minister of Conservation on the nomination of Te Runanga, with effect
from no later than 1 December 1999; and

(b)

for an exemption for such appointment from the provisions of sections 6P(2)
and (4) of the Conservation Act 1987.

12.9.4

Earlier Appointments

The Crown agrees that if a vacancy or vacancies occur on any of the
Conservation Boards referred to in clauses 12.9.2 or 12.9.3 prior
to 1 December 1999, and provided that the Minister of Conservation is satisfied
that the composition of the relevant Board reflects a good balance of the
interests described in section 6P(2) (a) and (b) of the Conservation Act 1987,
the Crown agrees that the Minister of Conservation shall appoint the Te Runanga
nominee or nominees referred to in clauses 12.9.2 or 12.9.3 (as
the case may be) prior to 1 December 1999.

12.9.5

Guardians of Lakes Manapouri, Monowai and Te Anau

The Crown agrees that the Settlement Legislation will provide for an
amendment to section 6X of the Conservation Act 1987 to provide that at least
one of the representatives of Maori who are appointed by the Minister of
Conservation pursuant to section 6X of the Conservation Act to be the Guardians
of Lakes Manapouri, Monowai and Te Anau will be a person appointed by the
Minister of Conservation on the nomination of Te Runanga, with effect no later
than 6 months from the Settlement Date.

12.9.6

Guardians of Lake Wanaka

The Crown agrees that the Settlement Legislation will provide for an
amendment to section 5 of the Lake Wanaka Preservation Act 1973 to provide that
the Guardians of Lake Wanaka established under section 5 of the Lake Wanaka
Preservation Act will include one person appointed by the Minister of
Conservation on the nomination of Te Runanga, with effect no later than 6 months
from the Settlement Date.

12.9.7

New Zealand Geographic Board

The Crown agrees that the Settlement Legislation will provide for an
amendment to section 3(2) of the New Zealand Geographic Board Act 1946 to
provide that the New Zealand Geographic Board established under section 3 of
that Act will include one additional person appointed by the Governor-General on
the nomination of Te Runanga, with effect from the Settlement Date.

12.10 - REPRESENTATION ON FISH AND GAME
COUNCILS

Te Runanga and the Crown acknowledge that the Crown has written and
recommended to the New Zealand Fish and Game Council that it would improve
communications between Fish and Game Councils within the Ngai Tahu Claim Area
and Te Runanga to co-opt a person nominated by Te Runanga as an additional
Member to each Council pursuant to section 26V of the Conservation Act 1987.

12.11 - TE RUNANGA TO BE ADVISER TO FISH AND GAME COUNCILS

12.11.1

Definitions

For the purposes of this clause:

Native Game Birds means the following species:

(a)

Putakitaki(Paradise Shelduck - Tadorna variegata);

(b)

Maunu/parera (Grey Duck - Anas superciliosa);

(c)

Tete (Shoveler - Anas rhynochotis);

(d)

Pakura (Pukeko - Porphyrio porphyrio melanotus).

12.11.2

Appointment as Statutory Adviser

The Crown agrees that the Settlement Legislation will provide for the
appointment of Te Runanga as a statutory adviser to each of the Fish and Game
Councils for the regions falling wholly or partly within the boundaries of the
Ngai Tahu Claim Area in respect of matters referred to in clause 12.11.3.

12.11.3

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 pursuant to
clause 12.11.2, Te Runanga may advise any relevant Fish and Game Council
in relation to:

(a)

any decision by the Fish and Game Council to formulate and recommend to the
New Zealand Fish and Game Council conditions for hunting seasons for Native Game
Birds in accordance with the Conservation Act 1987 and the Wildlife Act 1953;
and

(b)

the preparation in accordance with the Conservation Act 1987 of those parts
of draft sports fish and game management plans which relate to Native Game
Birds.

12.11.4

Duty to have Particular Regard to Advice

The Crown agrees that the Settlement Legislation will provide that any such
Fish and Game Council must have particular regard to the advice given by the
statutory adviser pursuant to clause 12.11.3.

12.11.5

Memoranda of Understanding

The Crown agrees that the Minister of Conservation will write to such Fish
and Game Councils to recommend to them that they enter into Memoranda of
Understanding from time to time with Te Runanga.

12.12 - DEPARTMENT OF CONSERVATION
PROTOCOLS

12.12.1

Definitions

In this Deed:

Protocol means a statement in writing, issued by the Crown through the
Minister of Conservation to Te Runanga, which sets out how the Department of
Conservation will exercise its functions, powers and duties in relation to
specified matters within the Ngai Tahu Claim Area, and how the Department of
Conservation will, on a continuing basis, interact with Te Runanga and provide
for Te Runanga's input into its decision-making process.

12.12.2

Authority to Issue, Amend or Cancel Protocols

The Crown agrees that the Settlement Legislation will provide for the
Minister of Conservation to have power to issue, and, in accordance with
clause 12.12.4, amend and cancel Protocols.

12.12.3

Issue of Protocols

On the Settlement Date the Crown through the Minister of Conservation will
issue Protocols in the form set out in Attachment 12.147 on the following
matters:

(a)

cultural materials;

(b)

freshwater fisheries;

(c)

culling of species of interest to Ngai Tahu;

(d)

historic resources;

(e)

Resource Management Act involvement; and

(f)

visitor and public information.

12.12.4

Amendment and Cancellation of Protocols

The Crown agrees that the Settlement Legislation will provide that Protocols
may be amended or cancelled at any time by the Crown through the Minister of
Conservation, at the initiative of either the Crown or Te Runanga, and after
consultation with Te Runanga and having particular regard to its views.

12.12.5

Protocols subject to Crown Obligations

The Crown agrees that the Settlement Legislation will provide that all
Protocols shall be issued and amended subject to, and without restriction upon,
the obligations of the Minister and the Department of Conservation to discharge
their respective functions, powers and duties in accordance with existing law
and government policy from time to time and the Crown's powers to amend policy
and introduce legislation amending existing law. This clause is not intended to
indicate, and should not be interpreted as indicating, any agreement by Te
Runanga to any amendment to policy which would adversely affect the redress
provided by the Crown pursuant to this Deed or the ability of either party to
fulfil its obligations expressed in this Deed.

12.12.6

Noting of Protocols

The Crown agrees that the Settlement Legislation will provide:

(a)

that the existence of the Protocols, once issued, and as amended from time
to time, and including a definition of the Protocols as set out in
clause 12.12.1 and a summary of the terms of issue of the Protocols,
shall be noted in conservation management strategies, conservation management
plans and national park management plans from time to time affecting the
Ngai Tahu Claim Area; and

(b)

that such noting of the Protocols shall be for the purpose of public notice
only and shall not be amendments to the relevant strategies or plans for the
purposes of section 17I of the Conservation Act 1987 or section 46 of the
National Parks Act 1980.

12.12.7

Enforceability of Protocols

Te Runanga and the Crown agree that the Settlement Legislation will provide
that:

(a)

subject to clause 12.12.4, the Minister of Conservation must comply
with Protocols as long as they remain in force;

(b)

if the Minister of Conservation fails unreasonably to comply with Protocols
Te Runanga may, subject to the Crown Proceedings Act 1950, enforce Protocols by
way of public law action against the Minister of Conservation, except that
damages shall not be available as a remedy; and

(c)

any guidelines which are to be developed pursuant to Protocols will not give
rise to any enforceable obligations under the Protocols.

12.12.8

Not Breach of Deed

Te Runanga and the Crown acknowledge and agree that any failure by the
Minister of Conservation to comply with the Protocols shall not constitute a
breach of this Deed.

12.12.9

Limitation of Rights

The Crown agrees that the Settlement Legislation will provide that, unless
expressly provided in this clause 12.12 or in the Protocols, the
Protocols will not of themselves have the effect of granting, creating or
providing evidence of any estate or interest in, or any rights of any kind
whatsoever relating to, land held, managed or administered under the
Conservation Act 1987 or the statutes listed in the First Schedule to that Act.