Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 14.1
ANCILLARY CLAIMS TRUST DEED

(clause 14.3.1)

Date: 1997

...Continued

17 Teleconference Meetings

For the purposes of these rules a Teleconference Meeting between a number of
Trustees or committee members who constitute a quorum, together with the
secretary or another person acting as a secretary, shall be deemed to constitute
a meeting of the Trustees or the committee members (as the case may be). All the
provisions in these rules relating to meetings shall apply to Teleconference
Meetings so long as the following conditions are met:

17.1 All of the Trustees or committee members (as the case may be) for the
time being entitled to receive notice of a meeting shall be entitled to notice
of a Teleconference Meeting and to be linked for the purposes of such a meeting.
Notice of a Teleconference Meeting may be given on the telephone;

17.2 Throughout the Teleconference Meeting each participant and the secretary
or person acting as a secretary shall be able to hear each of the other
participants taking part;

17.3 At the beginning of the Teleconference Meeting each participant shall
acknowledge his or her presence for the purpose of that meeting to all the
others taking part;

17.4 A participant may not leave the Teleconference Meeting by disconnecting
his or her telephone or other means of communication without first obtaining the
chairperson's express consent. Accordingly, a participant shall be conclusively
presumed to have been present and to have formed part of the quorum at all times
during the Teleconference Meeting unless he or she leaves the meeting with the
chairperson's express consent;

17.5 Where any resolution is put to the Teleconference Meeting, the
Chairperson shall require that each participant individually exercise his or her
vote by saying whether he or she votes for or against the resolution or abstains
from voting; and

17.6 A minute of the proceedings at the Teleconference Meeting shall be
sufficient evidence of those proceedings, and of the observance of all necessary
formalities, if certified as a correct minute by the chairperson of that meeting
and by the secretary or person acting as a secretary.

18 Reimbursement of Expenses

Each Trustee or committee member shall be entitled to be reimbursed out of
the assets of the Trust for all reasonable expenses which he or she properly
incurs in administering the Trust.

19 Annual Report and Financial Statements

At their first ordinary meeting in each Income Year (other than the first
Income Year) the Trustees shall present a report dealing with the affairs of the
Trust, supported by a statement of the Trust's income and expenditure during the
previous Income Year and a statement of its assets and liabilities at the end of
that Income Year. A copy of such report shall be provided to the Settlor.

20 Control of Funds

All money received by or on behalf of the Trust shall be paid immediately to
the credit of the Trust in an account or accounts with a Bank or Banks selected
from time to time by the Trustees. All cheques and other negotiable instruments,
withdrawal slips and receipts for money shall be signed, drawn, accepted,
endorsed or otherwise executed (as the case may be) on behalf of the Trust in
such manner as the Trustees decide from time to time.

PART III - ALTERATIONS TO RULES

21 Alterations to Parts I and III

Notwithstanding anything to the contrary in clause 9.2 of the Trust
Deed, Parts I, and III of these rules may be altered only by a resolution of at
least 75% of the Trustees present and voting at a duly convened and constituted
meeting of the Trustees, in respect of which at least one Trustee appointed by
the Settlor and at least one Trustee appointed by Te Runanga has voted in
favour.

22 Alterations to Part II

Notwithstanding anything to the contrary in clause 9.2 of the Trust
Deed, Part II of these rules may be altered by a resolution of the Trustees.

23 Restraints on Alteration

A resolution for the alteration of any Part of these rules shall be effective
only if:

23.1 each Trustee was given written notice of the proposed resolution at
least 10 Business Days before the date of the meeting at which it was to be
considered;

23.2 the alteration does not conflict with the provisions of the Trust Deed.


ATTACHMENT 14.2
PROCEDURE FOR IDENTIFICATION OF
BENEFICIARIES

(Clause 14.3.2(d))

Except where this Deed provides otherwise, the Ancillary Claims Trustees
shall undertake the procedures set out in this Attachment 14.2 in
relation to each Ancillary Claim in respect of which a Claim Property has been
provided to the Ancillary Claims Trustees by the Crown. Terms beginning with a
capital letter are defined terms and where they are used in this Attachment
14.2
they have the same meanings as are given to them in the Deed of
Settlement.

1 Notice

Preparation of a notice (in both English and Maori) which:

1.1 specifies the Ancillary Claim in respect of which a Claim Property has
been provided to the Ancillary Claims Trustees by the Crown;

1.2 gives details of the Claim Property involved (including, where
appropriate, its legal description and any traditional name of the area
involved);

1.3 sets out any relevant information about the Ancillary Claim (such as any
particular observations made by the Waitangi Tribunal in relation to it);

1.4 sets out any generic description of the Beneficiaries (for example, the
descendants of particular named people) which is known to the Ancillary Claims
Trustees;

1.5 describes how any person believing he or she is a Beneficiary in relation
to the Ancillary Claim should make an application to the Ancillary Claims
Trustees to be listed as a Beneficiary;

1.6 specifies what evidence will be required by the Ancillary Claims Trustees
to support an application to be listed as a Beneficiary;

1.7 specifies how any potential Beneficiary can obtain further information
about the Ancillary Claim and their possible right to be listed as a Beneficiary
in respect of it;

1.8 specifies an address to which applications to be listed as a Beneficiary
and requests for further information may be sent; and

1.9 specifies a date by which applications to be listed as a Beneficiary
shall be made, which shall be not less than 125 Business Days after the last
publication of the notice.

2 Publication of Notice

Publish the notice prepared in accordance with paragraph 1 in:

2.1 at least two major newspapers circulating nationally and one daily
newspaper circulating in each of Auckland, Wellington, Christchurch and Dunedin.
Such publication shall be repeated a fortnight after the first such publication
occurs;

2.2 the Gazette; and

2.3 any local newspaper circulating in the area in which the Claim Property
referred to in the notice is situated.

3 Sending Notice

The notice prepared in accordance with paragraph 1 shall also be sent
to:

3.1 Te Runanga;

3.2 the Papatipu Runanga for the area in which the Claim Property referred to
in the notice is situated;

3.3 all people whose names and addresses appear on the Panui mailing
lists in the Maori Land Court registries in the South Island; and

3.4 to any person whom the Ancillary Claims Trustees reasonably believe to be
a Beneficiary in respect of the Ancillary Claim, and for whom the Ancillary
Claims Trustees have a mailing address.

4 Advertising

In addition, the Ancillary Claims Trustees may advertise in any other way
that they believe is necessary to bring the notice to the attention of people
who may be potential Beneficiaries of the relevant Ancillary Claim.

5 Whakapapa Unit and Maori Land Court Enquiries

The Ancillary Claims Trustees shall also arrange for the searching of the
records of the Whakapapa unit of Te Runanga and the records of the Maori Land
Court by the respective custodians of those records or parties approved by the
custodians for the purpose to establish from those records who the Beneficiaries
are, and the Ancillary Claims Trustees shall send to any person identified
through that process as a potential Beneficiary a copy of the notice referred to
in paragraph 1, and provide any such person with not less than 60
Business Days to apply to be listed as a Beneficiary.

6 Determination of Beneficiaries

The Ancillary Claims Trustees shall identify the Beneficiaries to each
Ancillary Claim and their relative beneficial interests in the relevant Claim
Property and the proportionate share of that loss suffered by each such person.
Where any Beneficiary is deceased, his or her Successors shall succeed to his or
her interest.

7 Date of Determination of Beneficiaries

Beneficiaries shall be determined as at the date of the final list prepared
by the Ancillary Claims Trustees in accordance with paragraph 12 and in
the event that any Beneficiary dies after that date but before the relevant
Claim Property has been vested, his or her interest shall pass to his or her
heirs as if the vesting of the relevant Claim Property in accordance with
paragraph 21 had occurred on the day before that Beneficiary's death.

8 Determination of Beneficiaries" Interests

The interest of a Beneficiary in any Claim Property shall be equal to his or
her share of the loss which gave rise to the Ancillary Claim. Where a Claim
Property is a Fenton Entitlement or Customary Fishing Entitlement, the interest
of each Beneficiary (whether he or she is one of the persons who suffered the
loss giving rise to the Trust Property Claim or a Successor of such a person)
shall be equal.

9 Compilation of Provisional List of Potential Beneficiaries

Once any time period specified in any notice published or sent under
paragraphs 2 to 5 has expired, the Ancillary Claims Trustees shall
undertake such inquiries as they believe are necessary to verify any
applications and shall then compile a provisional list of potential
Beneficiaries for the relevant Ancillary Claim indicating the proportionate
interests of each potential Beneficiary and how those proportionate interests
were determined.

10 Notice to Potential Beneficiaries

The Ancillary Claims Trustees shall give notice to those people who are
included in the provisional list. Such notice shall state that a copy of the
list is available to those named on the list upon request, and shall specify an
address to which requests for a copy of the list may be sent.

11 Notification of Rejection of Applications

Where any application is rejected by the Ancillary Claims Trustees, they
shall notify the applicant, giving reasons for the rejection and give the
applicant a further period of 25 Business Days to provide further evidence in
support of his or her application. Any further evidence provided by the
applicant within the 25 Business Day period shall be considered by the Ancillary
Claims Trustees. The Ancillary Claims Trustees may then either accept the
application or confirm their rejection of it and shall give notice to the
applicant of their decision. 12 Compilation of Final List of
Beneficiaries

Once the Ancillary Claims Trustees have considered new evidence provided by
any applicants within the 25 Business Day period, they shall compile their final
list of potential Beneficiaries for the relevant Ancillary Claim, indicating the
proportionate interests of each potential Beneficiary and how those
proportionate interests were determined. 13 Application to Court to Confirm
Beneficiaries

When the Ancillary Claims Trustees have prepared their final list of
Beneficiaries for any Ancillary Claim, they shall make an application to the
Maori Land Court at Christchurch for confirmation of the list. Such application
shall be accompanied by an affidavit sworn by a person authorised by the
Ancillary Claims Trustees to swear the affidavit on their behalf confirming that
the Beneficiaries of the relevant Ancillary Claim have been identified and their
respective beneficial interests in the relevant Claim Property have been
determined after the process referred to in paragraphs 1 to 9 has
been properly undertaken.

14 Publication of Further Notice

At the time of making the application to the Maori Land Court at Christchurch
the Ancillary Claims Trustees shall publish a notice, in the same manner as
required under paragraph 2, which gives details of the Ancillary Claim,
specifies how a copy of the final list of Beneficiaries referred to in
paragraph 12 may be obtained and states that any person wishing to
dispute the findings of the Ancillary Claims Trustees shall object to the Maori
Land Court at Christchurch within 25 Business Days.

15 Determining Beneficiaries if no Objection

If no objection is filed with the Maori Land Court at Christchurch within the
period prescribed under paragraph 14, the Beneficiaries referred to in
the application made under paragraph 13 will be the Beneficiaries in
respect of the relevant Ancillary Claim for the purposes of this Deed.

16 Determining Beneficiaries if Objection Made

If any party files a notice of objection within the period prescribed under
paragraph 14, the Maori Land Court shall determine whether the party to
whom the objection relates is a Beneficiary, after having provided an
opportunity for the Ancillary Claims Trustees and the party who filed the
objection (and, where applicable, the party to whom the objection relates) to be
heard and otherwise in accordance with the rules of the Maori Land Court.

17 Notice of Objection

Any notice of objection shall be served on the Ancillary Claims Trustees. If,
having considered the objection, the Ancillary Claims Trustees determine that
the objection is well founded, they may file an application with the Maori Land
Court at Christchurch requesting an appropriate amendment to the final list of
Beneficiaries.

18 Meeting of Beneficiaries

As soon as practicable after the date on which the period for filing
objections under paragraph 14 expires (or, if any objection is filed, the
date that the Maori Land Court or the Maori Appellate Court determines the
Beneficiaries of any Ancillary Claim and their respective interests in any Claim
Property and any period for the exercise of any appeal right has expired) the
Ancillary Claims Trustees shall make a formal application to the Maori Land
Court as an interested person pursuant to section 173 of the Te Ture Whenua
Maori Act 1993, for the Maori Land Court to call a meeting of the Beneficiaries
of an Ancillary Claim. Such meeting shall be convened in accordance with Part IX
of the Te Ture Whenua Maori Act 1993 and shall be held as soon as practicable
after the Ancillary Claims Trustees" application to the Maori Land Court. The
Ancillary Claims Trustees shall ensure that the notice of meeting is accompanied
by explanatory material explaining the background to the matters to be
determined at the meeting.

19 Resolutions to be considered at Meeting

At the meeting referred to in paragraph 18, the following matters
shall be put forward for consideration and resolution by the Beneficiaries in
accordance with the procedures set out in the Maori Assembled Owners Regulations
1995:

19.1 where the Deed of Settlement provides for more than one option for
redress for that Ancillary Claim, the options from which the Beneficiaries may
choose;

19.2 whether any land to be vested in the Beneficiaries (or the entity to
hold it on their behalf) is to be vested as Maori freehold land or general land,
as those terms are defined in section 129 of the Te Ture Whenua Maori Act 1993;

19.3 whether any land to be vested in the Beneficiaries is to be vested in:

(a) the Beneficiaries as tenants in common with each Beneficiary having an
undivided interest equal to his or her proportionate interest as shown on the
list approved by the Maori Land Court;

(b) an ahu whenua trust constituted under section 215 of the Te Ture Whenua
Maori Act 1993;

(c) a Maori incorporation established under Part XIII of the Te Ture Whenua
Maori Act 1993; or

(d) such other manner as the Beneficiaries decide; and

19.4 such other matters as the Ancillary Claims Trustees wish to put to the
meeting to assist them in the discharge of their functions.

20 Majority Decision if no Outcome Reached

If the Beneficiaries do not make a decision in accordance with the procedures
set out in the Maori Assembled Owners Regulations 1995 to adopt any one of the
options listed above in paragraph 19, they will be deemed to have chosen
the option which received the most votes in accordance with those procedures.

21 Application to Court to Vest Property

As soon as practicable after the meeting referred to in paragraph 18
has been held and a decision has been made (and, where the meeting decides the
Claim Property is to be vested in a trust or incorporation, after the Ancillary
Claims Trustees have received notice from the Beneficiaries that such entity has
been established), the Ancillary Claims Trustees shall make an application to
the Maori Land Court for an order vesting the Claim Property (or, where more
than one option is offered, the property chosen by the Beneficiaries at the
meeting) in the relevant Beneficiaries in the manner and with the status chosen
by those Beneficiaries at their meeting. Such application shall be accompanied
by an affidavit sworn by the Recording Officer of the meeting confirming that
the meeting referred to in paragraphs 18 and 19 was duly called
and held, summarising the matters resolved at the meeting, and confirming that
the vesting order sought from the Maori Land Court is consistent with the
resolutions passed at the meeting. The Maori Land Court may make such a vesting
order notwithstanding that the land to be vested is not Maori freehold land, and
notwithstanding section 18 of the Te Ture Whenua Maori Act 1993.

22 End of Ancillary Claims Trustees" Duties

Once the Maori Land Court has made the vesting order in respect of a Claim
Property, the functions of the Ancillary Claims Trustees in respect of that
Claim Property and the Ancillary Claim to which it relates will be at an end.

23 Privacy

The Ancillary Claims Trustees will endeavour to keep private any information
provided to them by Beneficiaries or applicants to be Beneficiaries to the
extent that this is consistent with their obligations under this Attachment
14.2
.


ATTACHMENT 14.3
FORM OF FENTON ENTITLEMENT

(Clause 14.6.2(c))

Created on [insert date]

PARTIES

(1) THE HOLDERS OF A FENTON ENTITLEMENT (the Holders)

(2) HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND acting by the
[Land Holding Minister] and the Minister of Maori Affairs (the
Crown).

BACKGROUND

A. On 21 November 1997 the Crown and Te Runanga entered into a Deed of
Settlement (the "Deed of Settlement") recording the matters required to give
effect to a settlement of all the historical claims of Ngai Tahu Whanui.

B. Pursuant to the provisions of the Deed of Settlement on [insert
date
] Settlement Legislation came into force which provided for the creation
of Fenton Entitlements on the terms set out in the Deed of Settlement.

THE PARTIES agree as follows:

1 INTERPRETATION

1.1 Terms defined in the Deed of Settlement and Settlement Legislation will
have the same meaning in this Entitlement.

1.2 [Insert other definitions as required by specific Entitlement].

2 ENTITLEMENT LAND

The area which is the subject of this Entitlement is [insert description
of site and/or attach plans/map
] (the "entitlement land") being adjacent to
[insert name of lake/river] (the "Waterway").

3 CREATION OF ENTITLEMENT

The Crown hereby creates in favour of the Holders an entitlement to
temporarily and exclusively occupy the entitlement land for the purposes of
permitting the Holders to have access to the Waterway for lawful fishing and
gathering of other natural resources, on the terms and conditions set out in
this Entitlement.

4 TERMS OF ENTITLEMENT

4.1 Length of Entitlement

Unless suspended pursuant to clause 5, this Entitlement shall be
perpetual.

4.2 Entitlement Period

The Holders may occupy the entitlement land to the exclusion of any other
person (other than agents of the Crown or other persons empowered by statute
undertaking their normal functions in relation to the entitlement land) for an
aggregate of up to 210 days in any calendar year (such days to exclude any day
from 1 May to 15 August inclusive).

4.3 Temporary camping shelters

The Holders may erect camping shelters or similar temporary dwellings during
the period or periods that the right to occupy temporarily the entitlement land
under clause 4.2 is being exercised, provided that the Holders shall be
obliged to:

4.3.1 remove such camping shelters or temporary dwellings at any time that
the right to temporarily occupy the entitlement land is not being exercised; and

4.3.2 leave the entitlement land in substantially the same condition as it
was prior to the period that the right to temporarily occupy was exercised,
except for temporary effects normally associated with this type of occupation.

4.4 Activities on Entitlement Land

Notwithstanding clause 4.3, but subject to clauses 4.4.1 to
4.4.4 and 4.6, the Holders may, with the consent of the
Landholding Minister, undertake such activities on the entitlement land which
may be reasonably necessary to enable the entitlement land to be used for the
purposes set out in clause 3, provided that:

4.4.1 the giving of consent by the Landholding Minister pursuant to this
clause 4.4 shall be completely at his or her discretion and subject to
such conditions as he or she thinks fit;

4.4.2 where the entitlement land is land held under the Conservation Act 1987
or any Act in the First Schedule to that Act the Landholding Minister may, in
considering whether to give consent pursuant to this clause 4.4, require
an environmental impact report in relation to the proposed activities, and an
audit of that report at the Holders" expense, and impose reasonable conditions
to avoid, remedy or mitigate any adverse effects of the activity on the
entitlement land and the surrounding land or on any wildlife;

4.4.3 when applying for any consent under this clause 4.4 the Holders
shall provide to the Landholding Minister details of the proposed activity
including but not limited to:

(a) the effect of the activity on the entitlement land and, where the
entitlement land is land held under the Conservation Act 1978 or any Act in the
First Schedule to that Act, on the surrounding land and upon any wildlife;

(b) any proposed measures by the Holders to avoid, remedy or mitigate any
adverse effects;

provided that the Crown has complied with its obligations under this
Entitlement, it shall not be obliged to compensate the Holders for any
activities undertaken by the Holders pursuant to this clause 4.4, whether
on suspension of this Entitlement or at any other time.