Ngai Tahu Settlement

SECTION 14 : ANCILLARY CLAIMS

PREAMBLE

A Ancillary Claims are the private claims of individual Ngai Tahu
beneficiaries or groups of beneficiaries. These claims arose out of Crown
actions when dealing with the individual property rights of members of Ngai Tahu
Whanui in the years following the execution of the original purchase agreements
between Ngai Tahu and the Crown.

B The majority of the Ancillary Claims were heard by the Waitangi Tribunal
contemporaneously with the Tribunal claim and formed the basis of the Ngai Tahu
Ancillary Claims Report 1995. The Waitangi Tribunal found that "In failing to
protect even the miserable resources which were reserved to the tribe from the
purchase of their land, the Crown has acted in serious breach of the Treaty."

C Under this Deed of Settlement redress has been provided for all of the
ancillary claims upheld by the Tribunal which relate to private property rights.

D In addition, the Crown has agreed to provide redress for Waitangi Tribunal
claim number Wai 348 which relates to land taken at Purakaunui from the owners
of land now administered by the Purakaunui Block Incorporation.

E The basis on which redress was sought by Ngai Tahu for these private claims
was to restore to the current beneficial owners of those claims either the land
which had been taken by the Crown, or if this was not possible, land of
approximately the same area and/or value as the land that had been lost.

F Some other claims dealt with by the Waitangi Tribunal in the Ngai Tahu
Ancillary Claims Report 1995 were the basis of claims for tribal redress by Te
Runanga. The redress provided in respect of those claims is included in the
tribal redress in Section 11 (Mahinga Kai: Transfer and Vesting of
Properties).

14.1 DEFINITIONS

In this Section 14, unless the context requires otherwise:

Ancillary Claims means the claims for which redress is to be provided
pursuant to this Section 14, and, for the purposes of clause 14.3,
includes clause 15.11 (Claim 16: South Westland);

Ancillary Claims Trust means the Trust to be established pursuant to
clause 14.3 to hold Claim Property which is to be vested in the
Beneficiaries of Ancillary Claims on trust, pending the identification of those
Beneficiaries;

Ancillary Claims Trustees means the trustees for the time being of the
Ancillary Claims Trust;

Beneficiary means a person who suffered a loss giving rise to an
Ancillary Claim or, in the event that any such person is deceased, the
Successors of that person;

Claim Property means the land, interest in land, Fenton Entitlement or
Customary Fishing Entitlement to be provided by the Crown as redress for an
Ancillary Claim for which the Ancillary Claims Trustees are to find the
Beneficiaries to and which will vest in the Ancillary Claims Trust on the date
to be provided in the Settlement Legislation;

Customary Fishing Entitlement means an entitlement granted pursuant to
clause 14.7.1 to temporarily and exclusively occupy an area of the bed of
a waterway for lawful fishing and gathering of natural resources, all in
accordance with the requirements of clause 14.7;

Fenton Entitlement means an entitlement granted pursuant to clause
14.6.2(c) to temporarily occupy land close to waterways so as to allow
access to those waterways for lawful fishing and gathering of other natural
resources, all in accordance with the requirements of clause 14.6;

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;

Successors means all persons entitled to succeed to the interest of
any deceased Beneficiary, determined as if section 109 of the Te Ture Whenua
Maori Act 1993 applied to the deceased Beneficiary, and to every Successor to
the Beneficiary, upon his or her death (notwithstanding that he or she may not
have died intestate and that the land to which the Ancillary Claim relates is
not Maori freehold land), or where no person is primarily entitled to succeed to
a Beneficiary, the persons determined as if section 114 of the Te Ture Whenua
Maori Act 1993 applied to that Beneficiary, up until the determination of the
Beneficiaries of the Ancillary Claim; and

Trust Deed means the Ancillary Claims Trust Deed set out in
Attachment 14.1.

14.2 PROVISIONS FOR VESTING OF PROPERTIES

14.2.1 Property to be Vested Without Charge

The Crown agrees that, where a clause in this Section 14 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 or any Ngai Tahu Recipient.

14.2.2 Removal and Revocation of Status

Te Runanga and the Crown agree that, except where specific provision is made
to the contrary in this Section 14, any conservation, reserve, legal road
or other form of status to be removed from any property or property interest
that is to be vested in or transferred to the Ancillary Claims Trustees, or to
be placed upon any such property or property interest, pursuant to this
Section 14 will be removed or become effective 30 Business Days after the
Settlement Date.

14.2.3 Vesting or Transfer of Property or Property Interests

Te Runanga and the Crown agree that, except where specific provision is made
to the contrary in this Section 14, all properties or property interests
to be vested in, or transferred to, the Ancillary Claims Trustees pursuant to
this Section 14 will be vested or transferred 30 Business Days after the
Settlement Date.

14.2.4 Delayed Vesting of Certain Properties

The Crown agrees that the Settlement Legislation will provide that,
notwithstanding clauses 14.2.2, 14.2.3, 20.4.9 and 20.4.11, each
of:

(a) the Kaikoura Town Section (as defined in clause 14.4.1);

(b) the Kaikoura Suburban Site (as defined in clause 14.4.1);

(c) the Arawhata Site (as defined in clause 14.14.1);

(d) the Waimumu Site (No. 2) (as defined in clause 14.22.1);

(e) the Waimumu Site (No. 3) (as defined in clause 14.22.1); and

(f) the Invercargill Site (as defined in clause14.23.1),

will be vested in the Ancillary Claims Trustees on the earlier of:

(i) 30 Business Days after the Settlement Date (if the Crown has title to the
site in question at that date);

(ii) the Business Day following the date upon which the Crown acquires title
to the site in question, not being later than six months after the Settlement
Date; or

(iii) if the Crown is unable to acquire title to the site in question in
accordance with clauses 14.2.2(i) or 14.2.2(ii), the Business Day
following the completion of any procedure set out in the Settlement Legislation
pursuant to clause 17.3.3 which authorises the Crown to compulsorily
acquire land from a Crown Agency in order to give effect to the Crown's
obligations in respect of the Settlement Legislation pursuant to this Deed in
relation to the site in question.

14.3 ANCILLARY CLAIMS TRUST

14.3.1 Ngai Tahu Ancillary Claims Trust to be Established

The Crown agrees that it will establish a trust to be known as the Ngai Tahu
Ancillary Claims Trust on or before the date which is 25 Business Days after the
Settlement Date. The terms of the Trust Deed pursuant to which the Ancillary
Claims Trust is established will be those specified in Attachment 14.1.

14.3.2 Legislation Relating to the Ngai Tahu Ancillary Claims Trust

The Crown agrees that the Settlement Legislation will provide:

(a) for the establishment of the Ancillary Claims Trust by the Crown;

(b) for the Claim Property offered by the Crown as redress for Ancillary
Claims in respect of which a Claim Property is to be provided to the Ancillary
Claims Trustees by the Crown to be vested in the Ancillary Claims Trustees and
held subject to the terms of the Trust Deed;

(c) for the funding of the Ancillary Claims Trust in accordance with the
terms of the Trust Deed;

(d) that the Ancillary Claims Trustees shall undertake the process described
in Attachment 14.2 (the process for the identification of Beneficiaries);

(e) for the vesting of Claim Properties in the Beneficiaries of the relevant
Ancillary Claim or an entity to hold it on their behalf (or in Te Runanga, if no
Beneficiaries are found) once the prerequisites set out in Attachment
14.2 for such vesting have been satisfied;

(f) that, subsequent to the Maori Land Court making a vesting order pursuant
to paragraph 21 of Attachment 14.2, any Beneficiary or a person who
considers that he or she should have been included in a vesting order made by
the Maori Land Court pursuant to paragraph 21 of Attachment 14.2 may
apply to the Maori Land Court pursuant to section 18 of the Te Ture
Whenua Maori Act 1993 to be included in that vesting order, notwithstanding the
fact that the Claim Property subject to the vesting order is not Maori freehold
land belonging to an estate to which Part IV of the Te Ture Whenua Maori Act
1993 applies;

(g) for the Maori Land Court to be empowered to hear and determine an
application made pursuant to clause 14.3.2(f) and, if it finds in favour
of the applicant:

(i) to make the applicant a party to the vesting order made in relation to
the relevant Claim Property;

(ii) to entitle that applicant to share in the holding of the Claim Property
in whatever form that may take;

(iii) to entitle that applicant to the share of the Claim Property which he
or she ought to have received; and

(iv) for the interests of other relevant Beneficiaries in that Claim Property
to be adjusted accordingly,

if the Maori Land Court considers it just and equitable to do so in the
circumstances;

(h) for the Maori Land Court and the Maori Appellate Court each to have
jurisdiction to undertake its part in the processes described in Attachment
14.2, and for the modification of the existing jurisdiction of the Maori
Land Court to ensure that such processes replace those which would otherwise
apply under current legislation; and

(i) for the Ancillary Claims Trust to be added to the list of bodies and
statutory officers named or described in the Fourth Schedule to the Public
Finance Act 1989 so that it is a "Crown entity" for the purposes of that Act.

14.4 CLAIM 1 (waiharakeke j and omihi k); claim 2
(mangamaunua)

Preamble

A. The substance of the claims to the Waitangi Tribunal in respect of claims
1 and 2 was that:

(i) the Crown had failed to provide reserves of adequate size and quality to
the people of Kaikoura in the first instance;

(ii) these already inadequate reserves were further reduced by Crown actions
in taking land under both the Public Works Act and Scenery Preservation Act for
the purposes of roads, railway and scenic reserves; and

(iii) the Crown failed to properly notify, consult with or to adequately
compensate the Maori owners when taking the land, or to return any of the land
when it was no longer required for the purpose for which it was taken.

B. The Tribunal found that:

(i) the failure of the Crown to provide adequate reserves in Kaikoura was a
breach of the Crown's obligations under the Treaty of Waitangi and that the
subsequent loss of land from those reserves by Crown actions only served to
exacerbate the original Treaty breach;

(ii) in light of this the Crown's acquisition of land for roading was
"excessive"; and

(iii) the lack of consultation in acquiring the land constituted a further
breach of the principles of the Treaty, as was the subsequent failure of the
Crown to offer the land back once the scenic reserve status had been revoked.

C. The Waitangi Tribunal reserved its judgment on whether taking of the land
for scenic purposes was of itself a breach of the Treaty and noted that where
Maori owners wished to retain land the Crown wanted to acquire for scenic
purposes, it would be preferable for the Crown to lease such lands from the
owners.

14.4.1 Property Descriptions

In this clause 14.4:

Kaikoura Town Section means the land described as Marlborough Land
District, Kaikoura District Council, 9930 square metres more or less, being
Section 1, SO 6917. All CT 4D/1316 as shown on Allocation Plan A104 (SO
7320); and

Kaikoura Suburban Site means the land described as Marlborough Land
District, Kaikoura District Council, 3.9090 hectares, more or less, being
Section 1, SO 6949. All CT 4D/1424 as shown on Allocation Plan A 105 (SO
7321).

14.4.2 Vesting of Properties

The Crown agrees that the Settlement Legislation will provide for the fee
simple estate in the Kaikoura Town Section and the Kaikoura Suburban Site to be
vested in the Ancillary Claims Trustees.

14.5 CLAIM 101 (KAIKOURA E)

Preamble

A. There was no evidence presented to the Waitangi Tribunal on claim 101 and
therefore there was no finding on this claim. Some of the original reserve area
is now the site of the Takahanga Marae.

14.5.1 Property Descriptions

In this clause 14.5:

Takahanga Pa Site (No. 1) means the land described as Marlborough Land
District, Kaikoura District Council, 2.3689 hectares, more or less, being
Section 473, Town of Kaikoura (SO 5269). All New Zealand Gazette 1992 page 504,
subject to New Zealand Gazette 1997 page 1207 subject to survey as shown on
Allocation Plan A 180 (SO 7324); and

Takahanga Pa Site (No. 2) means 0.0683 hectares, more or less, being
Part Section 411, Town of Kaikoura (SO 4791). Subject to survey as shown on
Allocation Plan A 180 (SO 7324).

14.5.2 Acknowledgement of Status of Property

The Crown acknowledges that the Takahanga Pa Site (No. 1) now has the status
of a Maori reservation pursuant to section 338 of the Te Ture Whenua Maori Act
1993 and The New Zealand Gazette 1992, page 504 and the Crown undertakes not to
alter that status.

14.5.3 Vesting of Property

The Crown agrees that the Settlement Legislation will provide for the fee
simple estate in the Takahanga Pa Site (No. 2) to be vested in the Trustees of
the Takahanga Marae, and for the Takahanga Pa Site (No. 2) to be deemed to be,
and deemed to have been declared to be, a Maori reservation pursuant to section
338(2) of the Te Ture Whenua Maori Act 1993, and the provisions of clause
14.5.2 shall apply to the Takahanga Pa Site (No. 2).

14.6 CLAIM 3 (TAERUTU); CLAIM 4 (WAIMAIAIA); CLAIM 5
(TOROTOROA); CLAIM 6 (TE AKA AKA) AND CLAIM 10 (PUKATAHI AND TE HOURIRI) FENTON ENTITLEMENTS

Preamble

A. The substance of the claims to the Waitangi Tribunal in respect of these
reserves was that:

(i) the Crown had failed to provide reserves of adequate size and quality to
Ngai Tahu and in particular had failed to set aside Mahinga Kai reserves under
the terms of the Kemp Deed;

(ii) the fisheries easements awarded by Judge Fenton following the 1868
Native Land Court hearings were inadequate in terms of numbers, size and
location to remedy the original breach; and

(iii) as a result of activities such as the introduction of agriculture,
Public Works Act takings and drainage and pollution, there has been degradation
of the 'Fenton' fisheries easements with adverse consequences for the purpose
for which they were set aside.

B. The Tribunal found that:

(i) the Crown had a special duty to protect these fishery reserves so that
Ngai Tahu could continue to enjoy them; and

(ii) this duty was not performed, and as a result Ngai Tahu has been left
bereft of a major food resource.

14.6.1 Definitions

In this Section 14:

Entitlement Land means a site over which a Fenton Entitlement is or
has been created;

Fenton Reserves means the Taerutu, Waimaiaia, Torotoroa, Te Aka Aka,
Pukatahi and TeHouriri reserves (claims 3 to 6, and 10 as set out in the Ngai
Tahu Ancillary Claims Report 1995);

Holder means the Beneficiaries of the Fenton Reserves, as determined
by the Ancillary Claims Trustees in accordance with clause 14.3, entitled
to a Fenton Entitlement, and, where the context requires, means the Holders of
one of the Fenton Reserves;

Land Holding Agency means the Minister responsible for the department
which manages the existing or proposed Entitlement Land or the Commissioner of
Crown Lands, as the case may be;

Te Houriri Site means the land described as Canterbury Land District,
Waimate District Council, 1 hectare, approximately, being legal road (Timaru
Roll 12) adjoining Te Houiri Maori Reserve 906, as shown marked "Road" on
Allocation Plan A425 (SO 19875); andWaterway means a river (being
a continually or intermittently flowing body of fresh water, and includes a
stream and modified water course, but does not include any artificial water
course (including an irrigation canal, water supply race, canal for the supply
of water for electricity power generation, and farm drainage canal) or a lake,
being a body of fresh water which is entirely or nearly surrounded by land.

14.6.2 Creation of Fenton Entitlements

The Crown agrees that the Settlement Legislation will provide, on the terms
set out in this clause 14.6.2:

(a) for the creation by the Crown of Fenton Entitlements over Crown-owned
land in the Ngai Tahu Claim Area which meets the criteria set out in clause
14.6.7, other than land in a national park, a marginal strip, a nature
reserve, an esplanade reserve, a scientific reserve or that part of a road
reserve within 20 metres of a Waterway;

(b) for Fenton Entitlements to be created for the purpose of permitting the
Holders to temporarily occupy land close to the Waterways, so as to have access
to the Waterways for lawful fishing and gathering of other natural resources;

(c) for the grant of one Fenton Entitlement, in the form set out in
Attachment 14.3, in favour of the Ancillary Claims Trustees for each of
the Fenton Reserves, over the Entitlement Land as shown on Allocation Plans
A421 and 422 (SO 19874), 423 and 424 (SO 19874), A495 (SO 19888) and A425
(SO 19875), no later than 5 Business Days after the completion of surveys of
the Entitlement Land and approval by the Chief Surveyor, and in any event no
later than 6 months after the Settlement Date;

(d) unless suspended pursuant to clause 14.6.15, for the Fenton
Entitlements to be perpetual;

(e) that section 11 and Part X of the Resource Management Act 1991 shall not
apply to the creation of a Fenton Entitlement; and

(f) in order to give effect to clause 14.6.3(f), for the stopping of
the legal but unformed road on the Te Houriri Site 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.

14.6.3 Location of Fenton Entitlements

The areas of Entitlement Land over which the initial Fenton Entitlements are
to be created have been determined by the Crown in agreement with Te Runanga as
follows:

(a) for the Waimaiaia reserve, the land described as Canterbury Land
District, Waimakariri District Council, 1.7000 hectares approximately, being
Part Section 4 Reserve 91 (SO 3033). Part New Zealand Gazette 1886 page 209.
3000 square metres approximately, being Part Section 3 Reserve 91 (SO 3033).
Part New Zealand Gazette 1886 page 209. Subject to survey as shown on
Allocation Plan A 421 and 422 (SO 19874);

(b) for the Torotoroa reserve, the land described as Canterbury Land
District, Waimakariri District Council, 1.7000 hectares approximately, being
Part Section 4 Reserve 91 (SO 3033). Part New Zealand Gazette 1886 page 209.
3000 square metres approximately, being Part Section 3 Reserve 91 (SO 3033).
Part New Zealand Gazette 1886 page 209. Subject to survey as shown on
Allocation Plan A 421 and 422 (SO 19874);

(c) for the Te Aka Aka reserve, the land described as Canterbury Land
District, Waimakariri District Council, 2.0 hectares approximately, being Part
Rural Section 41888 (SO 16200). Part New Zealand Gazette 1956 page 718. Subject
to survey as shown on Allocation Plan A 421, 422, 423 and 424 (SO 19874);

(d) for the Taerutu reserve, the land described as Canterbury Land District,
Waimakariri District Council, 2.0 hectares approximately, being Part Rural
Section 41888 (SO 16200). Part New Zealand Gazette 1956 page 718. Subject to
survey as shown on Allocation Plan A 421, 422, 423 and 424 (SO 19874);

(e) for the Pukatahi reserve, the land described as Canterbury Land District,
Waimate District Council, 1.0 hectare, approximately, being Part bed of the
Waihao River as marked "B" at the confluence with Buchanans Creek (opposite
Lot14, DP1396). Subject to survey as shown on Allocation Plan A495 (SO
19888); and

(f) for the Te Houiri reserve, the land described as Canterbury Land
District, Waimate District Council, being 1 hectare, approximately, being legal
Road (Timaru Roll12) adjoining Te Houiri Maori Reserve906 subject to survey as
shown on Allocation Plan A425 (SO 19875).

14.6.4 Ancillary Claims Trustees to Identify Beneficiaries

The Ancillary Claims Trustees are to identify the Beneficiaries entitled to a
Fenton Entitlement granted pursuant to clause 14.6.2(c), and once the
Ancillary Claims Trustees are satisfied that they have identified all such
Beneficiaries, or that all appropriate steps have been taken to identify all of
the Beneficiaries entitled to a Fenton Entitlement in accordance with
Attachment 14.2, one renewable Fenton Entitlement will be granted in
favour of the Beneficiaries of each of the Fenton Reserves, over the areas of
Crown land as shown on Allocation Plans A421, 422, 423 & 424 (SO 19874),
A495 (SO 19888) and A425 (SO 19875) and granted to the Ancillary
Claims Trustees pursuant to clause 14.6.2(c).

14.6.5 Maori Land Court to Open and Maintain a Register

The Crown agrees that the Settlement Legislation will provide:

(a) that, from the date of the vesting order made by the Maori Land Court
pursuant to paragraph 21 of Attachment 14.2, the Maori Land Court shall
open and maintain a register for each Fenton Entitlement of the Holders of that
entitlement, together with the address of each (where known), and that this
register shall constitute the official record of the Holders;

(b) that, if there are more than 50 Holders, an accurate index of the names
of the Holders containing a sufficient indication to enable the location of the
entry in the register relating to each Holder shall be opened and maintained
unless the register is in such form as to constitute in itself an index;

(c) that the register shall, during office hours, be open to public
inspection on payment of the fee (if any) prescribed in respect of such
inspection; and

(d) the Holders of each Fenton Entitlement shall nominate up to 10 Holders of
that Fenton Entitlement to be recorded on the register at any one time as the
representatives of the Holders of that Fenton Entitlement.