Ngai Tahu Settlement
Doug Graham Treaty of Waitangi NegotiationsSECTION 13: SPECIFIC SITES
13.1 DEFINITIONS FOR SECTION 13
In this Section 13, Minister means the Minister
of Conservation.
13.2 PROPERTY TO BE VESTED WITHOUT CHARGE TO
TE RUNANGA
The Crown agrees that, where a clause in this Section 13
provides for a property or property interest to be vested or transferred, the
vesting or transfer of the property or property interest will be made, or
provided for, by the Crown without charge to Te Runanga.
13.3 ARAHURA VALLEY
13.3.1 Definitions
In this clause 13.3:
Adjoining Sections means certain properties within the
Middle Section and the Top Section, namely:
(a) Lot 1, DP 730, CT 2B/1005 as shown on Allocation Plan SS
429/2 (SO 12506);
(b) RS 3106, CT 5D/98 as shown on Allocation Plans SS
429/3 (SO 12506) and SS 429/3a (SO 12506);
(a) RS 3061, CT 2A/1180 as shown on Allocation Plans SS
429/3 (SO 12506) and SS 429/3a (SO 12506); and
(b) Pt RS 2711, CT 2C/1301 as shown on Allocation Plans SS
429/3 (SO 12506) and SS 429/3a (SO 12506);
Legal Roads means certain legal but unformed roads
within the Middle Section, being the land described as Westland Land District,
Westland District Council, 130.0 hectares, approximately, being Legal Road
adjoining Part Reserve 145, Rural Sections 3061, 3106 and 5562, Part Rural
Sections 744, 1676 and 2711, Section 1, SO 11596, Lot 1, DP 730, Section 2, SO
12438, Lot 1, DP 2095, Rural Section 2313, Wainihinihi Creek, Caledonian Creek
and Mount Brown Creek. Subject to proposed access easements in favour of Lot 1
DP 730, Rural Sections 3061 and 3106 and Part Rural Section 2711. Subject to
survey as shown on Allocation Plan SS 429/1, 2, 2a, 3, 3a and 4 (SO
12506);
Mawhera Incorporation means the Proprietors of Mawhera
constituted as a Maori incorporation under and subject to Part IV of the Maori
Affairs Amendment Act 1967 by clause 3(1) of the Mawhera Incorporation Order
1976 and continued under section 357 of the Te Ture Whenua Maori Act
1993;
Middle Section means the outside boundary of Part
Reserve 145, situated in Blocks III, IV, VII, VIII, XII and XVI Kaniere Survey
District and Blocks V, IX and XIII Turiwhate Survey District as shown bordered
with bold black lines and labelled "Middle Section" in the plan of the Arahura
Valley as shown on Allocation Plan SS 429/1 (SO 12506);
Private Sections means certain properties within the Top
Section, namely:
(a) RS 801, CT 2C/801 as shown on Allocation Plan SS 429/5
(SO 12499);
(b) Lot 1 DP 2095, CT 3D/1382 as shown on Allocation Plan SS
429/5 (SO 12499);
(c) Lot 2 DP 2095, CT 3D/1383 as shown on Allocation Plan SS
429/5 (SO 12499); and
(d) Lot 3 DP 2095, CT 3D/1384 as shown on Allocation Plan SS
429/5 (SO 12499);
Reserve means the Waitaiki Historic Reserve established
pursuant to clause 13.3.2(e); and
Top Section means the land described as Westland Land
District, Westland District Council, 12435.6950 hectares, more or less, being
Sections 1, 2 and 3 SO 12438, subject to Section 62 Conservation Act, 1987, but
excluding the Private Sections as shown on Allocation Map SS 429/5 (SO
12499).
13.3.2 Legislation for the Arahura Valley
The Crown agrees that the Settlement Legislation will
provide:
(a) for the stopping of the Legal Roads on the Settlement
Date, notwithstanding sections 116(2)(d), 117 and 118 of the Public Works
Act 1981 and section 342 of the Local Government Act 1974;
(b) for the Legal Roads to be deemed to have the status of
Maori freehold land as if it had acquired that status pursuant to section 130 of
the Te Ture Whenua Maori Act 1993, and, subject to clause 13.3.3, for
that land to be vested in the Mawhera Incorporation on the Settlement Date,
subject to:
(i) existing Exploration Permit 40 051 entered into pursuant to
the Crown Minerals Act 1991 on 31 May 1993 between the Minister of Energy and
L&M Mining Limited and registered in Land Titles Office No. 094861;
and
(ii) existing Exploration Permit 40 194 entered into pursuant
to the Crown Minerals Act 1991 on 1 August 1996 between the Minister of Energy
and Kenneth Charles Tuhuru Tainui and registered in the Land Titles Office No.
100520;
(c) for the vesting of the Maori freehold title to the Legal
Roads to be free from the requirement under Part IVA of the Conservation Act
1987 to reserve a marginal strip;
(d) for the removal of the status of conservation (stewardship)
area managed for conservation purposes from the Top Section on the Settlement
Date, notwithstanding Part V of the Conservation Act 1987;
(e) for the Top Section to be deemed to be declared a reserve
and classified, as if it were classified pursuant to section 16 of the Reserves
Act 1977, as an historic reserve subject to section 18 of the Reserves Act 1977,
and vested in the Mawhera Incorporation on the Settlement Date, as if vested
pursuant to section 26 of the Reserves Act 1977, and subject to the conditions
and restrictions imposed pursuant to section 26(2) of that Act and set out in
Attachment 13.1, notwithstanding anything to the contrary in the Reserves
Act 1977, and for this reserve to be known as the "Waitaiki Historic
Reserve";
(f) that the conditions and restrictions set out in
Attachment 13.1 will be quoted in a schedule to the Settlement
Legislation as a matter of record only;
(g) that quoting the conditions and restrictions referred to in
clause 13.3.2(f) in a schedule to the Settlement Legislation shall not
have the effect of giving them any greater force or effect than they have as
special conditions and restrictions of vesting land pursuant to section 26(2) of
the Reserves Act 1977;
(h) for the definition of "Administering body" in section 2 of
the Reserves Act 1977 to include the Mawhera Incorporation; and
(i) for the Reserves Act 1977, except for section 16, to apply
to the Reserve and to the Mawhera Incorporation in its capacity as an
administering body.
13.3.3 Ngai Tahu Recipients Deed
Te Runanga and the Crown agree that, as a precondition to
clause 13.3.2(b), the Mawhera Incorporation, as a Ngai Tahu Recipient,
will be required to duly execute a deed of covenant in the form set out in
Attachment 13.3 in accordance with clause 20.10 (Ngai Tahu
Recipients Bound by Deed) prior to the Settlement Date whereby the Mawhera
Incorporation will agree that, within 50 Business Days of the Settlement Date it
will:
(a) duly execute, and present for registration, the easements
to maintain vehicular and other access to the Adjoining Sections in the form set
out in Attachment 13.4;
(b) enter into an easement to permit continued public access by
foot over the walkway from the Landsburg Bridge to the Waitaiki Historic Reserve
wherever that walkway crosses Mawhera Incorporation's land;
(c) agree that the Crown will retain ownership of the Cesspool
Swingbridge; and
(d) enter into a licence providing for the siting of the
Cesspool Swingbridge on its current site.
13.3.4 Ongoing Permits and Licences
Te Runanga and the Crown agree to allow existing permits,
licences and concessions within the Reserve to continue until the expiry of the
current term of the permit, licence or concession and, without limiting sections
58 and 58A of the Reserves Act 1977, that no new permits, licences or
concessions relating to the area of the Reserve will be granted by the Minister
of Conservation after the Settlement Date.
13.4 RAROTOKA
13.4.1 Definitions
In this clause 13.4:
Fisheries Area means the area surrounding Rarotoka,
being described as Southland Land District, Southland District Council, 317.5500
hectares, more or less, marked "A" on SO 12175. Being all New Zealand Gazette
1992 page 4325 (Document 246554.1 Southland Registry) and as shown marked "A" on
Allocation Plan SS 430 (SO 12250) bordered with a bold black line and
commencing at the mean high water mark and extending to the broken black line
surrounding Rarotoka as shown on that map;
Lighthouse Site means part of Rarotoka, being the land
described as Southland Land District, Southland District Council, 3.3980
hectares, more or less, being Section 2 SO 12175. Being all New Zealand Gazette
1992 page 4325 (Document 246554.1 Southland Registry) as shown on Allocation
Plan SS 430 (SO 12250); and
Rarotoka means the land comprising the island known as
Rarotoka or Centre Island being the land described as Southland Land District,
Southland District Council, 96.8780 hectares, more or less, being Sections 1 and
2 SO 12175. Being all New Zealand Gazette 1992 page 4325 (Document 246554.1
Southland Registry) as shown on Allocation Plan SS 430 (SO 12250) down to
the mean high water mark.
13.4.2 Rarotoka to be Vested in Te Runanga as Maori Freehold
Land
The Crown agrees that the Settlement Legislation will
provide:
(a) for Rarotoka to be deemed to be Maori freehold land as if
it had acquired that status in accordance with section 130 of the Te Ture Whenua
Maori Act 1993 on the Settlement Date;
(b) for Rarotoka to be vested in Te Runanga as Maori freehold
land on the Settlement Date;
(c) that Part IVA of the Conservation Act 1987 will not apply
to the vesting of Rarotoka referred to in clause 13.4.2(b);
and
(d) that section 147(2) and section 152(1)(f) of Te Ture Whenua
Maori Act 1993 will not apply to the partial alienation of Rarotoka in
accordance with clause 13.4.3.
13.4.3 Te Runanga to Lease the Lighthouse Site to the Maritime
Safety Authority
Te Runanga agrees that, immediately upon Rarotoka being vested
in Te Runanga pursuant to clause 13.4.2(b), Te Runanga will grant a lease
of the Lighthouse Site to the Maritime Safety Authority in the form set out in
Attachment 13.5.
13.4.4 Crown to Meet Lessor's Costs
The Crown agrees that it will meet the costs of the Lessor set
out in clause 16.3 of the lease set out in Attachment 13.5 upon
application by the Lessor to the Minister in Charge of Treaty of Waitangi
Negotiations.
13.4.5 Management Rights for Fisheries Area
The Crown agrees that Te Runanga is to be given fisheries
management rights over the Fisheries Area. Upon formal request by Te Runanga the
Crown will, subject to, and in accordance with, the relevant statutory
requirements existing at the time, give effect to such request. The timing of
any such request, and the nature and extent of the request, will be at the
discretion of Te Runanga.
13.5 WHENUA HOU
13.ori115.1 Definitions
In this clause 13.5:
Committee means the committee of the Southland
Conservation Board created pursuant to clause 13.5.3(c);
Deed of Recognition means a deed of recognition as
described in clause 12.2;
Statutory Acknowledgement means an acknowledgement made
by the Crown in the Settlement Legislation as defined in clause 12.2;
and
Whenua Hou means the island otherwise known as Codfish
Island, being all that land described as Southland Land District, Southland
District Council, 1530.2 hectares, more or less, being Section 1, SO 12216.
Being all the land in New Zealand Gazette 1986 page 1986 as shown on
Allocation Plan SS 431 (SO 12251).
13.5.2 Whenua Hou to Continue to be a Nature
Reserve
Te Runanga and the Crown agree that Whenua Hou will continue to
be administered by the Minister of Conservation as a Nature Reserve under the
Reserves Act 1977 in recognition that Whenua Hou has important natural and
wildlife values and will also continue to be used for national threatened
species recovery programmes. Subject to clause 12.13, the Minister and
Director-General of Conservation will each continue to be individually
responsible, in accordance with their respective functions, for any decisions
relating to species or their habitat upon Whenua Hou.
13.5.3 Legislation for Whenua Hou
The Crown agrees that the Settlement Legislation will
provide:
(a) for the name of the Codfish Island Nature Reserve to be
changed to Whenua Hou Nature Reserve;
(b) for the islets and stacks adjacent to the Whenua Hou Nature
Reserve as shown on Allocation Plan SS 431 (SO 12251) to be deemed to be
part of the Whenua Hou Nature Reserve;
(c) for the Southland Conservation Board to appoint a Committee
of eight members pursuant to section 6N(2)(b) of the Conservation Act 1987
within six months of the Settlement Date, consisting of:
(i) one representative of each of the four Southland Papatipu
Runanga, being the Waihopai Runaka, Te Runanga o Awarua, Te Runanga o Oraka
Aparima and the Hokonui Runaka; and
(ii) four members of the Southland Conservation
Board;
(d) that the failure of any of the four Southland Papatipu
Runanga or the Southland Conservation Board to put forward representatives or
members for appointment to the Committee pursuant to clause 13.5.3(c)
will not affect the appointment of the Committee, the validity of the Committee,
or the exercise of its functions;
(e) for the reasonable costs and expenses incurred by the
Committee in exercising its functions and obligations under this clause
13.5 to be paid for by the Crown upon application by the Committee to the
Director-General of Conservation;
(f) that the Committee may advise the Southland Conservation
Board, the New Zealand Conservation Authority and the Minister on all matters
relating to the control and management of Whenua Hou;
(g) that the Southland Conservation Board, the New Zealand
Conservation Authority and the Minister shall consult with and have particular
regard to the views of the Committee, whenever it is practicable to do so, on
all matters relating to the control and management of Whenua Hou;
(h) for the Committee, after consultation with the
Director-General of Conservation, to prepare a policy, subject to section 20 of
the Reserves Act 1977, setting out the conditions under which the Minister may
grant permits for access to Whenua Hou pursuant to section 57 of that
Act;
(i) for a Statutory Acknowledgement to be made in respect of
Whenua Hou, which will comprise:
(i) a description of the Statutory Area as provided in
Attachment 13.6;
(ii) the text of the statement by Te Runanga of the particular
cultural, spiritual, historic and/or traditional association of Ngai Tahu with
the Statutory Area set out in Attachment 13.6; and
(iii) an acknowledgement by the Crown of Te Runanga's statement
of that association; and
(j) for the Southland Conservation Board to delegate to the
Committee such other powers and functions in relation to Whenua Hou, pursuant to
section 6N(2)(b) of the Conservation Act 1987, as it considers
appropriate.
13.5.4 Deed of Recognition for Whenua Hou
The Crown agrees that, no later than the Settlement Date, the
Crown will enter into a Deed of Recognition in respect of Whenua Hou, such Deed
of Recognition to be in the form set out in Attachment 13.7.