Ngai Tahu Settlement

ATTACHMENT 13.3
MAWHERA
INCORPORATION DEED OF COVENANT
(Clause 13.3.3)

Date:

PARTIES

(1) MAWHERA INCORPORATION (the
Recipient)

(2) HER MAJESTY THE QUEEN in right of New Zealand
(the Crown)

BACKGROUND

A Pursuant to a deed of settlement dated 21 November 1997
between the Crown and Te Runanga, the Crown agreed to vest the Property in the
Recipient, subject to certain terms and conditions specified in the Deed of
Settlement.

B As required by clause 20.10 of the Deed of Settlement, the
Recipient covenants with the Crown as set out in this Deed.

NOW THE RECIPIENT AGREES with the
Crown as follows:

1 INTERPRETATION

1.1 In this Deed, unless the context requires
otherwise:

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);

Deed of Settlement means the deed
referred to in Recital A;

the 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;

the Property 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) of the Deed of Settlement, to be stopped and vested
in the Recipient pursuant to clause 13.3.2 of the Deed of Settlement; and

Te Runanga means Te Runanga o Ngai
Tahu.

1.2 Terms defined in the Deed of Settlement have the same
meanings in this Deed, unless the context requires otherwise.

1.3 The rules of interpretation set out in clause 1.3 of the
Deed of Settlement apply in the interpretation of this Deed.

2 RECIPIENT"S COVENANT

2.1 The Recipient covenants with the Crown that the Recipient
will observe and perform its obligations under clause 13.3.3 of the Deed of
Settlement and will be bound by the terms of the Deed of Settlement in so far as
they relate to the Property as if the Recipient had executed the Deed of
Settlement.

2.2 Without limiting paragraph 2.1 of this Deed, the
Recipient covenants with the Crown that the Recipient will, within 50 Business
Days of the Settlement Date:

(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 of the Deed of Settlement;

(b) enter into an easement in perpetuity in favour of the
Minister of Conservation pursuant to which the public will be permitted to have
access on foot over the walkway from the Landsburg Bridge to the Waitaiki
Historic Reserve wherever that walkway crosses the Recipient's land;
and

(c) enter into a licence with the Minister of Conservation
pursuant to which the Recipient acknowledges that the Cesspool Swingbridge
remains the property of the Minister notwithstanding that it is sited on the
Recipient's land and grants to the Minister the right in perpetuity to occupy
the airspace over the Recipient's land occupied by the Cesspool Swingbridge, to
occupy that part of the Recipient's land occupied by the abutments, support
wires and other equipment supporting the Cesspool Swingbridge and to have access
to the Cesspool Swingbridge for maintaining, repairing or replacing
it.

3 NOTICES

Any notice to the Recipient may be given in the same manner as
is specified in the Deed of Settlement. The Recipient's address for notices
is:

Proprietors of the Mawhera Incorporation
c/- Ashton
Wheelans & Hegan
PO Box 13 041
CHRISTCHURCH

Facsimile: 03 365 4098
Telephone: 03 366 7154,

or such other address as may be notified in writing to the
Minister of Conservation by the Mawhera Incorporation from time to
time.

EXECUTED as a deed on the date
first written above.

SIGNED for and on behalf of	)
HER MAJESTY THE QUEEN	)
in right of New Zealand by	)
[ ]	)	_______________
in the presence of	)	[ ]

Witness:

____________________________
Signature

____________________________
Occupation

____________________________
Address

THE COMMON SEAL of the	)
PROPRIETORS OF MAWHERA	)
affixed in the presence of:	)
____________________________		Committee Member of the Proprietors of Mawhera
____________________________		Committee Member of the Proprietors of Mawhera

ATTACHMENT 13.4

EASEMENTS OVER MIDDLE SECTION
(Clause 13.3.3)

MEMORANDUM OF TRANSFER GRANTING RIGHT OF WAY

Recitals

A The Mawhera Incorporation, of Christchurch (the
Grantor) is registered as proprietor of an estate in fee simple in all that
parcel of land described as 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) (the Servient
Land).

B [Names, address" and occupations of persons to whom the
easement is to be granted in favour of to be inserted here] (the
Grantee) is registered as proprietor of an estate in fee simple in all that
parcel of land [The relevant property out of:

" Lot 1, DP 730, CT 2B/1005 as
shown on Allocation Plan SS 429/2 (SO 12506);

" RS 3106, CT 5D/98 as shown on
Allocation Plans SS 429/3 (SO 12506) and SS 429/3a (SO 12506);

" RS 3061, CT 2A/1180 as shown
on Allocation Plans SS 429/3 (SO 12506) and SS 429/3a (SO 12506);
and

" Pt RS 2711, CT 2C/1301 as
shown on Allocation Plans SS 429/3 (SO 12506) and SS 429/3a (SO
12506),

to be inserted here] (the
Dominant Land).

1 Grant Of Easement

In consideration of the terms of the vesting of the Servient
Land in the Grantor by the Crown pursuant to the Ngai Tahu Deed of Settlement,
the Grantor transfers and grants to the Grantee, to be connected to the Dominant
Land for all time, the full, free, uninterrupted, and unrestricted right,
liberty, and privilege for the Grantee, the Grantee's servants, tenants, agents,
workers, licencees and invitees (in common with the Grantor, the Grantor's
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 horses
and domestic animals of any kind and with or without carriages, vehicles, motor
vehicles, machinery, and implements of any kind, over and along that part of the
Servient Land marked ["A"] on the plan deposited in the Westland Land Titles
Office under No. [To come] for all purposes connected with the use and
enjoyment of the Dominant Land, but not for any other purpose.

2 Covenants

The Grantor and the Grantee agree as follows:

2.1 No power is implied for the Grantor to determine this right
of way for any breach of covenant or condition (express or implied) or for any
other cause whatever. It is the intention of the parties that this right of way
shall subsist forever or until it is duly surrendered.

2.2 All disputes arising between the parties concerning the
interpretation of this grant, or the rights and obligations of the parties,
shall be referred to arbitration in accordance with the Arbitration Act 1996 and
the substantive laws of New Zealand. The arbitration shall be conducted by a
sole arbitrator to be agreed upon by the parties or, failing agreement, to be
appointed by the then President of the New Zealand Law Society. The award in the
arbitration shall be final and binding on the parties.

Dated the day of 199

THE COMMON SEAL of the	)
PROPRIETORS OF MAWHERA	)
affixed in the presence of:	)
_________________________		Committee Member of the Proprietors of Mawhera
_________________________		Committee Member of the Proprietors of Mawhera

Signed by [GRANTEE"S NAME] ____________________________ in the presence of: ____________________________ Name: Occupation: Address:

Correct for the purposes of the Land Transfer Act

Solicitor for the Grantee