Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 14.6
NGA WHENUA RAHUI KAWENATA OVER
THE BUSHY POINT SITE

(Clause 14.11.2(a)(iv))

NGA WHENUA RAHUI KAWENATA - BUSHY POINT

(Section 77A Reserves Act 1977)

THIS DEED made the day of 199....

BETWEEN THE ANCILLARY CLAIMS TRUSTEES [names of initial trustees to be
inserted here] on behalf of the Beneficial Owners ("Landowners")

AND THE MINISTER OF CONSERVATION ("the Minister").

WHEREAS

A. The Landowners are the registered proprietors of the land described in
Schedule B ("the land") and shown on the attached map.

B. The Minister is satisfied that the land should be managed so as to
preserve and protect the natural environment, wildlife habitat, or historical
value of the land and the spiritual and cultural values which tangata whenua
associate with the land.

C. The Minister and the Landowners have agreed to execute a Nga Whenua Rahui
Kawenata ("the Kawenata") to provide for the management of the land in a manner
that will achieve the purposes described in recital B above.

D. The parties have agreed that the land be managed with the following
objectives:

(i) protecting and enhancing the natural character of the land with
particular regard to the indigenous native flora and fauna, their diverse
communities and their interactions with the environment that supports them;

(ii) protecting the land as an area representative of a significant part of
the natural ecological character of its ecological district;

(iii) protecting and enhancing the cultural and spiritual values associated
with the land and its related water bodies;

(iv) embodying the principles of a working relationship between the Crown and
the tangata whenua emphasising the manawhenua of the Landowner;

(v) protecting the historic, archaeological and educational values associated
with the land and its related water bodies; and

(vi) providing for the Landowners" and, subject to clause 2, public's
recreational use and enjoyment of the land to the extent consistent with the
above objectives.

E. The kawenata is entered into by the parties in pursuance of the Deed of
Settlement between Her Majesty the Queen and Te Runanga o Ngai Tahu.

NOW THEREFORE, THE MINISTER AND THE LANDOWNERS, pursuant to section 77A
of the Reserves Act 1977, agree that land shall be managed in accordance with
the terms and conditions set out in this Deed so as to achieve the purposes and
objectives listed in recitals B and D above:

CONDITIONS

1 MANAGEMENT OBLIGATIONS

1.1 The Landowners shall manage and protect any scenic, historic,
archaeological, spiritual, cultural, biological, and geological features present
on the land in accordance with the objectives set out in this Deed. Its soil,
water and forest conservation values shall be maintained by the Landowner to the
extent compatible with the objectives set out in this Kawenata.

1.2 The Landowners shall not permit stock to graze the land nor pass through
the land unless the area to be grazed or the passage way is adequately fenced.
Subject to clause 4 the Landowners shall maintain all boundary and internal
fences on the land in a good and stockproof condition in order to facilitate
proper protection for the land.

1.3 The Landowners shall, so far as is practicable:

(a) keep the land free from plant pests;

(b) keep the land free from exotic plant and tree species;

(c) keep the land free from any animal pests and wild animals; and

(d) keep the land free from rubbish or other unsightly or offensive material,

HOWEVER, the Landowners may request assistance from the Minister (who may
assist them in his or her discretion) in meeting these obligations if they
impose a substantial burden in excess of the legal obligations that would have
applied in the absence of this Deed, or as otherwise agreed under clause 4.

1.4. Unless required to do so pursuant to statute, neither the Landowners nor
the Minister shall carry out or allow to be carried out without the prior
approval of the other party to this Deed:

(a) the taking of any native plants, shrubs, trees or animals PROVIDED
that the Landowners may authorise the removal of certain native plants, shrubs
and plant material from the land for traditional Maori purposes on a sustainable
basis;

(b) any burning, topdressing or the sowing of exotic seed on the land;

(c) any significant cultivation, earthworks or other soil disturbance on the
land;

(d) any replanting programme on the land except the planting of indigenous
species characteristic of the district in which the land is situated;

(e) the erection of any fence, building, structure or other improvements on
the land; and

(f) any activity on the balance of the Landowners" land which will adversely
affect the land or the objectives of this Deed.

1.5 The Minister shall have regard to the objectives of this Deed when
considering any request for approval under this clause and shall not
unreasonably decline approval.

1.6 The Landowners shall be responsible for protection of wahi tapu and other
sites of particular cultural importance to the tangata whenua on the land,
excepting that the Minister may if requested provide practical assistance where
necessary and reasonable.

2 PUBLIC ACCESS

2.1 The Landowners may permit members of the public access to and entry on
the land for purposes consistent with the objectives of this Deed on first being
given reasonable notice. Such access and entry may be on such reasonable
conditions as the Landowners may specify, however consent will not be
unreasonably withheld. The Landowners may decline access and/or entry where
closure is reasonably required for the conservation of natural or historic
values or the spiritual or cultural values which Maori associate with the land,
or for public safety or emergency.

3 ACCESS FOR MINISTER

3.1 The Landowners grant to the Minister and any officer or duly authorised
agent of the Minister a right of access on to the land for the purposes of
examining and recording the condition of the land or for carrying out protection
or maintenance work on the land consistent with the objectives set out in this
Deed. In exercising this right, the Minister and officers or agents of the
Minister shall consult with the Landowners in advance and have regard to the
views of the Landowners.

4 PAYMENT OF COSTS/PROVISION OF ADVICE OR ASSISTANCE

4.1 The Minister may in the Ministers discretion pay to the Landowners a
proportionate share of the following:

(a) the cost of new fences or the repair and maintenance of existing fences
upon the land if such work has first been approved by the Minister;

(b) the cost of a programme for the eradication or control of plants, pests
or exotic tree species or animal pests or wild animals under clause 1.4(a), (b)
or (c) if such programme has first been approved by the Minister.

4.2 The proportionate share payable by the Minister under this clause shall
be calculated having regard to the purpose of any expenditure, with the intent
that:

(a) expenditure essentially for conservation purposes only shall be borne by
the Minister; and

(b) where the expenditure is partly for the purposes of conservation and
partly for farming purposes then the expenditure shall be borne by the parties
equally or in such other proportion as they may agree and failing agreement as
may be determined by mediation or arbitration as provided for under clause 8,

PROVIDED ALWAYS if such expenditure is required as a result of the
negligence or default of the Landowners or the Minister, or their respective
agents, servants, contractors or workmen then the Landowners or the Minister
shall be liable for the expenditure to the extent necessary to remedy such
negligence or default.

4.3. The Minister may:

(a) provide to the Landowners from time to time, and at any time upon request
by the Landowners, such technical advice or assistance as may be necessary or
desirable to assist in meeting the objectives set out in this Deed; and

(b) prepare, in consultation with the Landowners, a joint plan for the
management of the land designed to implement the objectives of this Deed to the
mutual satisfaction of the parties.

5 REVIEW OF KAWENATA

5.1 The covenants contained in this Deed shall bind the Minister and the
Landowners successors and assigns and shall bind any lessee for the term of any
lease and, subject to the terms of any review in terms of this clause, are
intended to continue in perpetuity.

5.2 The Landowners and the Minister, while recognising their mutual intention
that this Deed shall continue in perpetuity, shall review the objectives,
conditions and continuance of this Deed at successive intervals of twenty-five
(25) years from the date of execution.

5.3 On any review of this Deed the parties may mutually agree to vary any
clause or clauses in this Deed except this clause 5.

5.4 The parties agree that in reviewing the objectives, conditions and
continuance of this Deed under clause 5.2, the Minister shall have regard to the
manawhenua of the Landowners.

5.5 The parties agree that the Deed may not be terminated except with the
agreement of both parties.

6 MISCELLANEOUS

6.1 For the avoidance of doubt:

(a) only if the Landowners first ensure that, in the case of a lessee, or in
the case of a purchaser of the land or transferor or other successor-in-title to
the land entering into a Deed to abide by the terms of this Deed will the
Landowners not be personally liable in damages for any breach of covenant
committed after the Landowners have parted with all interest in the land in
respect of which such a breach occurs;

(b) where there is more than one owner of the leasehold of, or fee simple
title to, the land, the covenants contained in this Deed shall bind each owner
jointly and severally;

(c) where the Landowners are a company the covenants contained in this Deed
shall bind a receiver, liquidator, statutory manager or statutory receiver.
Where the Landowners are a natural person this Deed shall bind the Official
Assignee. In either case this Deed binds a mortgagee in possession; and

(d) the reference to any Act in this Deed extends to and includes any
amendment to, or re-enactment or consolidation of that Act, or any Act passed in
substitution for that Act.

7 NOTICE

7.1 Any notice required to be given to the Landowners in terms of this Deed
shall be sufficiently given if made in writing and served as provided in section
152 of the Property Law Act 1952 and shall be sufficiently given if sent by post
or delivered to the residential address of the Landowners or the Landowners"
solicitor.

7.2 Any notice required to be given by the Minister shall be sufficiently
given if it is signed by the Manager, Forest Funds, Department of Conservation.
Any notice required to be served upon the Minister shall be sufficiently served
if delivered to the office for the time being of the Director-General,
Attention: Manager Forest Funds, Department of Conservation.

8 DISPUTE RESOLUTION

8.1 Any dispute which arises between the Landowners and the Minister in any
way relating to this Deed may be resolved by referring the dispute to an agreed
third party for decision or by arbitration under the provisions of the
Arbitration Act 1996.

SCHEDULE B

"THE LAND"

Otago Land District, Queenstown Lakes District Council, an undefined area
(subject to survey) being part recreation reserve, Block I, mid Hawea Survey
District, (SO Plan 2289). Subject to survey as shown on Allocation Plan A238
(SO 24696)
. Part New Zealand Gazette 1891 page 1049 subject to a proposed
Nga Whenua Rahui kawenata, and an undefined area being Part Recreation Reserve,
Block I, Mid Hawea Survey District (SO Plan 12464) subject to survey as shown on
Allocation Plan A238 (SO 24696) Part Gazette Notice 267479 (New Zealand
Gazette 1964, page 14) [The Kawenata is to apply only over the bushy part of
the site.
]

Executed this day of 19

SIGNED for )
)
)
)
)
presence of: )

 

Witness:

Occupation:

Address:

 

SIGNED by the MINISTER OF )
CONSERVATION in the presence of: )

 

Witness:

Occupation:

Address:


ATTACHMENT 14.7
NGA WHENUA RAHUI KAWENATA OVER SITE
B
(Clause 14.14.5(c))

NGA WHENUA RAHUI KAWENATA - SITE B

(Section 77A Reserves Act 1977)

THIS DEED made the day of 199....

BETWEEN THE ANCILLARY CLAIMS TRUSTEES [names of initial trustees to be
inserted here] on behalf of the Beneficial Owners ("Landowners")

AND THE MINISTER OF CONSERVATION ("the Minister").

WHEREAS

A. The Landowners are the registered proprietors of the land described in
Schedule B ("the land") and shown on the attached map.

B. The Minister is satisfied that the land should be managed so as to
preserve and protect the natural environment, wildlife habitat, or historical
value of the land and the spiritual and cultural values which tangata whenua
associate with the land.

C. The Minister and the Landowners have agreed to execute a Nga Whenua Rahui
Kawenata ("the Kawenata") to provide for the management of the land in a manner
that will achieve the purposes described in recital B above.

D. The parties have agreed that the land be managed with the following
objectives:

(i) protecting and enhancing the natural character of the land with
particular regard to the indigenous native flora and fauna, their diverse
communities and their interactions with the environment that supports them;

(ii) protecting the land as an area representative of a significant part of
the natural ecological character of its ecological district;

(iii) protecting and enhancing the cultural and spiritual values associated
with the land and its related water bodies;

(iv) embodying the principles of a working relationship between the Crown and
the tangata whenua emphasising the manawhenua of the Landowner;

(v) protecting the historic, archaeological and educational values associated
with the land and its related water bodies; and

(vi) providing for the Landowners" and, subject to clause 2, public's
enjoyment of the land to the extent consistent with the above objectives.

E. The Kawenata is entered into by the parties in pursuance of the Deed of
Settlement between Her Majesty the Queen and Te Runanga o Ngai Tahu.

NOW THEREFORE, THE MINISTER AND THE LANDOWNERS, pursuant to section
77A of the Reserves Act 1977, agree that land shall be managed in accordance
with the terms and conditions set out in this Deed so as to achieve the purposes
and objectives listed in recitals B and D above:

CONDITIONS

1 MANAGEMENT OBLIGATIONS

1.1 The Landowners shall manage and protect any scenic, historic,
archaeological, spiritual, cultural, biological, and geological features present
on the land in accordance with the objectives set out in this Deed. Its soil,
water and forest conservation values shall be maintained by the Landowner to the
extent compatible with the objectives set out in this Kawenata.

1.2 The Landowners shall not permit stock to graze the land nor pass through
the land unless the area to be grazed or the passage way is adequately fenced.
Subject to clause 4 the Landowners shall maintain all boundary and internal
fences on the land in a good and stockproof condition in order to facilitate
proper protection for the land.

1.3 The Landowners shall, so far as is practicable:

(a) keep the land free from plant pests;

(b) keep the land free from exotic plant and tree species;

(c) keep the land free from any animal pests and wild animals; and

(d) keep the land free from rubbish or other unsightly or offensive material,

HOWEVER, the Landowners may request assistance from the Minister (who may
assist them in his or her discretion) in meeting these obligations if they
impose a substantial burden in excess of the legal obligations that would have
applied in the absence of this Deed, or as otherwise agreed under clause 4.

1.4. Unless required to do so pursuant to statute, neither the Landowners nor
the Minister shall carry out or allow to be carried out without the prior
approval of the other party to this Deed:

(a) the taking of any native plants, shrubs, trees or animals PROVIDED
that the Landowners may authorise the removal of certain native plants, shrubs
and plant material from the land for traditional Maori purposes on a sustainable
basis.

(b) any burning, topdressing or the sowing of exotic seed on the land;

(c) any significant cultivation, earthworks or other soil disturbance on the
land;

(d) any replanting programme on the land except the planting of indigenous
species characteristic of the district in which the land is situated;

(e) the erection of any fence, building, structure or other improvements on
the land; and

(f) any activity on the balance (if any) of the Landowners" land which will
adversely affect the land or the objectives of this Deed.

1.5 The Minister shall have regard to the objectives of this Deed when
considering any request for approval under this clause and shall not
unreasonably decline approval.

1.6 The Landowners shall be responsible for protection of wahi tapu and other
sites of particular cultural importance to the tangata whenua on the land,
excepting that the Minister may if requested provide practical assistance where
necessary and reasonable.

2 PUBLIC ACCESS

2.1 The Landowners may permit members of the public access to and entry on
the land for purposes consistent with the objectives of this Deed on first being
given reasonable notice. Such access and entry may be on such reasonable
conditions as the Landowners may specify, however consent will not be
unreasonably withheld. The Landowners may decline access and/or entry where
closure is reasonably required for the conservation of natural or historic
values or the spiritual or cultural values which Maori associate with the land,
or for public safety or emergency.

3 ACCESS FOR MINISTER

3.1 The Landowners grant to the Minister and any officer or duly authorised
agent of the Minister a right of access on to the land for the purposes of
examining and recording the condition of the land or for carrying out protection
or maintenance work on the land consistent with the objectives set out in this
Deed. In exercising this right, the Minister and officers or agents of the
Minister shall consult with the Landowners in advance and have regard to the
views of the Landowners.

4 PAYMENT OF COSTS/PROVISION OF ADVICE OR ASSISTANCE

4.1 The Minister may in the Minister's discretion pay to the Landowners a
proportionate share of the following:

(a) the cost of new fences or the repair and maintenance of existing fences
upon the land if such work has first been approved by the Minister; and

(b) the cost of a programme for the eradication or control of plants, pests
or exotic tree species or animal pests or wild animals under clause 1.4(a), (b)
or (c) if such programme has first been approved by the Minister.

4.2 The proportionate share payable by the Minister under this clause shall
be calculated having regard to the purpose of any expenditure, with the intent
that:

(a) expenditure essentially for conservation purposes only shall be borne by
the Minister; and

(b) where the expenditure is partly for the purposes of conservation and
partly for farming purposes then the expenditure shall be borne by the parties
equally or in such other proportion as they may agree and failing agreement as
may be determined by mediation or arbitration as provided for under clause 8,

PROVIDED ALWAYS if such expenditure is required as a result of the
negligence or default of the Landowners or the Minister, or their respective
agents, servants, contractors or workmen then the Landowners or the Minister
shall be liable for the expenditure to the extent necessary to remedy such
negligence or default.

4.3. The Minister may:

(a) provide to the Landowners from time to time, and at any time upon request
by the Landowners, such technical advice or assistance as may be necessary or
desirable to assist in meeting the objectives set out in this Deed; and

(b) prepare, in consultation with the Landowners, a joint plan for the
management of the land designed to implement the objectives of this Deed to the
mutual satisfaction of the parties.