Ngai Tahu Settlement

15.11 CLAIM 16 (SOUTH WESTLAND)

Preamble

A. The substance of the claim to the Waitangi Tribunal was
that:

(i) the original reserves set aside by the Crown for Ngai Tahu
in South Westland were too few in number, small in size and poor in quality to
sustain the people of South Westland;

(ii) the requests in 1894 by Te Koeti Turanga on behalf of his
people to provide further reserves for mahinga kai purposes were not satisfied
by the allocation of three 50 acre reserves under the South Island Landless
Natives Act 1906;

(iii) some of the reserves which were permanently set aside
under this legislation were not only placed in inappropriate locations, but the
Crown also failed to allocate the reserves to individual owners or to transfer
the title to Ngai Tahu; and

(iv) by the operation of legislation, including the Maori
Purposes Act 1966, some parts of the reserves became Crown land and one reserve
has since been alienated.

B. The Tribunal found that:

(i) the Crown had failed to set aside adequate reserves for
Ngai Tahu in South Westland;

(ii) the three mahinga kai reserves agreed to in principle by
the Crown were in fact never transferred to Ngai Tahu; and

(iii) the Crown's failure to carry out its promises made in
1892 to Te Koeti Turanga to reserve tribal areas for mahinga kai was in breach
of the principles of good faith.

C. The fee simple estate in the South Westland Substitute Land
is to be vested in the Successors to the Original South Westland Reserves in
substitution for the Original South Westland Reserves.

15.11.1 Interpretation

The provisions of clause 14.3 relating to the Ancillary
Claims Trust shall apply to this clause 15.11, and clauses 15.6,
15.7 and 15.8 shall not apply to this clause 15.11.

15.11.2 Property Descriptions

In this clause 15.11:

Awarua Site means the land described as Westland Land
District, Westland District Council, 40.4686 hectares, more or less, being Rural
Section 881 (SO 5650). All Certificate of Title 8B/514. Subject to Timber Rights
and rights incidental thereto created by Transfer 28366. Subject to Caveat 28671
by Robert Patrick Nolan, Desmond Joseph Nolan and Kevin Nolan. Together with a
Deed of Grant of Easement of Right of Way embodied in Register Book 8B/839
(Wesland Land Registry) as shown on Allocation Plan AS 509 (SO
12518);

Okahu Site (No. 1) means the land described as Westland
Land District, Westland District Council, 8.5300 hectares, more or less, being
Section 2, SO 11836. Part Certificate of Title 8A/496. Part subject to survey as
shown on Allocation Plan AS 205 (SO 12494);

Okahu Site (No. 2) means the land described as Westland
Land District, Westland District Council, 3.0000 hectares, approximately being
Part Rural Section 537 (SO 6013), subject to Section 62, Conservation Act 1987.
Part subject to survey as shown on Allocation Plan AS 205 (SO
12494);

Okahu Site (No. 3) means the land described as Westland
Land District, Westland District Council, 3.0000 hectares, approximately being
Part Rural Section 538 (SO 6013), subject to Section 62, Conservation Act 1987.
Part subject to survey as shown on Allocation Plan AS 205 (SO
12494);

Okahu Site (No. 4) means the land described as Westland
Land District, Westland District Council 4.0581 hectares, more or less, being
Rural Section 5523 (SO 9683). All Gazette 1993 page 1031 as shown on
Allocation Plan AS 210 (SO 12496);

Original South Westland Reserves means Maori Reserve
318A, Block V, Abbey Rocks Survey District, Rural Section 319, Block III, Abbey
Rocks Survey District and Rural Section 865, Block XVI, Gillespies Survey
District;

Paringa River Site means the land described as Westland
Land District, Westland District Council, 20.2342 hectares, approximately, being
Part Rural Section 660, subject to Section 62, Conservation Act 1987. Subject to
survey as shown on Allocation Plan AS 203 (SO 12492);

Site A means the 14.5000 hectares, approximately, to be
selected from within the land described as part of Westland Land District,
Westland District Council, being Parts Reserve 1692, Reserve 169 and Rural
Section 561, subject to Section 62 Conservation Act 1987, Subject to survey and
as shown marked "4", "5", "6" and part of area "2" on Allocation Plan A 496
(SO 12509);

South Westland Substitute Land means the Awarua Site,
Okahu Site (No. 4), Paringa River Site, Whakapohai Site and either Okahu Site
(No. 1), Okahu Site (No. 2) and Okahu Site (No. 3) or Site A; and

Whakapohai Site means the land described as Westland
Land District, Westland District Council, 0.7200 hectares, approximately, being
Part Rural Section 6161, adjoining Sections 1 and 2 SO 11845. Subject to Section
62, Conservation Act 1987. Subject to survey as shown on Allocation Plan AS
493 (SO 12502).

15.11.3 Transfer of Properties

The Crown agrees that the Settlement Legislation will
provide:

(a) for the fee simple estate in the:

(i) Awarua Site;

(ii) Okahu Site (No. 4); and

(iii) Whakapohai Site,

to be vested in the Ancillary Claims Trustees;

(b) for the removal of the status of conservation (stewardship)
area managed for conservation purposes from the Paringa River Site 30 Business
Days after the Settlement Date, notwithstanding Part V of the Conservation Act
1987;

(c) for the vesting of the fee simple estate in the Paringa
River Site in the Ancillary Claims Trustees, subject to the Ancillary Claims
Trustees entering into and registering a Nga Whenua Rahui kawenata relating to
the protection of the Paringa River Site in the form set out in Attachment
15.2 before the fee simple estate in the Paringa River Site is vested in the
appropriate Beneficiaries;

(d) for the Nga Whenua Rahui kawenata referred to in clause
15.11.3(e) to be deemed to have been entered into pursuant to section 77A of
the Reserves Act 1977, notwithstanding the fact that the Paringa River Site is
not Maori land;

(e) for the Nga Whenua Rahui kawenata referred to in clause
15.11.3(e) to be in perpetuity subject to a condition that at agreed
intervals of not less than 25 years the parties to the Nga Whenua Rahui kawenata
shall review the objectives, conditions, and continuance of the Nga Whenua Rahui
kawenata, and on such review the parties may mutually agree that the Nga Whenua
Rahui kawenata shall be terminated and that the Crown shall have regard to the
manawhenua of the owner of the Paringa River Site, as provided for in section
77A(1)(b) of the Reserves Act 1977, but the owner of the Paringa River Site may
only terminate the Nga Whenua Rahui kawenata by agreement with the Minister of
Conservation; and

(f) that the appropriate District Land Registrar shall register
the Nga Whenua Rahui kawenata referred to in clause 15.11.3(e) as soon as
it is duly executed and presented for registration by the Ancillary Claims
Trustees.

15.11.4 Vesting of Property or Property
Interests

The Crown and Te Runanga agree that all properties or property
interests to be vested pursuant to clause 15.11.3 will be vested 30
Business Days after the Settlement Date.

15.11.5 Access to the Awarua Site

Te Runanga and the Crown note that access to the Awarua Site is
currently obtained over a right of way. The Crown agrees:

(a) that if the right of way which currently provides access to
the Awarua Site becomes unusable due to reasons outside the control of the
Ancillary Claims Trustees, or the relevant Beneficiaries, as appropriate, the
Crown will provide a suitable alternative right of way to the Awarua Site after
consultation with the Ancillary Claims Trustees or the relevant Beneficiaries,
and having regard to the conservation values of the land over which the
alternative right of way is proposed to be granted; and

(b) to continue discussions with Te Runanga in order to agree
on a suitable alternative right of way.

15.11.6 Public Works Act 1981 Procedures apply to Okahu Site
(No. 1)

The Crown agrees that it will, as soon as practicable after the
date of this Deed, request the Commissioner of Crown Lands to invoke the offer
back procedure under Part III of the Public Works Act 1981 in relation to the
Okahu Site (No. 1).

15.11.7 Process if Offer Back Accepted

If the offer back made under the procedure invoked pursuant to
clause 15.11.6 is accepted, the Commissioner of Crown Lands shall
transfer the Okahu Site (No. 1) to the persons who accepted the offer in
accordance with Part III of the Public Works Act 1981 at the price determined by
the Commissioner, and report these matters to the Minister in Charge of Treaty
of Waitangi Negotiations. In that event, the Minister shall vest the fee simple
estate in Site A in the Ancillary Claims Trustees by notice in the New Zealand
Gazette, notwithstanding Part V of the Conservation Act 1987.

15.11.8 Process if Offer Back Rejected

If the offer back made under the procedure invoked pursuant to
clause 15.11.6 is rejected, then the Commissioner of Crown Lands shall
report this matter to the Minister in Charge of Treaty of Waitangi Negotiations,
and the Minister shall then vest the fee simple estate in the Okahu Site (No.
1), Okahu Site (No. 2) and the Okahu Site (No. 3) in the Ancillary Claims
Trustees by notice in the New Zealand Gazette, notwithstanding Part V of the
Conservation Act 1987.

15.11.9 Removal of Conservation Status and General
Matters

The Crown agrees that the Settlement Legislation will
provide:

(a) that, if the Minister in Charge of Treaty of Waitangi
Negotiations gives notice in the New Zealand Gazette that the fee simple estate
in either Site A, Okahu Site (No. 2) or Okahu Site (No. 3) is to be vested in
the Ancillary Claims Trustees, then the status of conservation (stewardship)
area managed for conservation purposes will be deemed to be removed from the
relevant site or sites at the time such notice is given, notwithstanding Part V
of the Conservation Act 1987;

(b) such provisions as are required to empower and require the
Minister in Charge of Treaty of Waitangi Negotiations and the Commission of
Crown Lands to undertake the process outlined in clauses 15.11.6 to
15.11.8 (inclusive) in relation to the Okahu Site (No. 1), Okahu Site
(No. 2), Okahu Site (No. 3) and Site A;

(c) that if Site A is vested in the Ancillary Claims Trustees
pursuant to clause 15.11.7, such vesting is to be subject to the
Ancillary Claims Trustees entering into and registering a Nga Whenua Rahui
kawenata relating to the protection of Site A in the form set out in
Attachment 15.3 before the fee simple estate in that site is vested in
the appropriate Beneficiaries;

(d) for the Nga Whenua Rahui kawenata referred to in clause
15.11.9(c) to be deemed to have been entered into pursuant to section 77A of
the Reserves Act 1977, notwithstanding the fact that Site A is not Maori
land;

(e) for the Nga Whenua Rahui kawenata referred to in clause
15.11.9(c) to be in perpetuity subject to a condition that at agreed
intervals of not less than 25 years the parties to the Nga Whenua Rahui kawenata
shall review the objectives, conditions, and continuance of the Nga Whenua Rahui
kawenata, and on such reviews the parties may mutually agree that the Nga Whenua
Rahui kawenata shall be terminated and that the Crown shall have regard to the
manawhenua of the owner of Site A as provided for in section 77A(1)(b) of the
Reserves Act 1977, but the owner of Site A may only terminate the Nga Whenua
Rahui kawenata by agreement with the Minister of Conservation; and

(f) that the appropriate District Land Registrar shall register
the Nga Whenua Rahui kawenata referred to in clause 15.11.9(c) as soon as
it is duly executed and presented for registration by the Ancillary Claims
Trustees.

ATTACHMENT 15.1
LEASE OF
WHAKAPOAI LAND
Clause 15.3.2(a))

MEMORANDUM OF LEASE

Date:

BETWEEN

(1) THE SUCCESSORS TO THE WHAKAPOAI LAND (the
Lessor) being registered as the proprietor of an estate in fee simple
subject to such encumbrances, liens and interests as are notified by memoranda
underwritten or endorsed on this Lease in all that parcel of land situated in
the Whakapoai Survey District, more particularly described in the Schedule of
Land.

(2) HER MAJESTY THE QUEEN in Right of New Zealand acting
by and through the Minister of Conservation (the Lessee)

SCHEDULE OF LAND

Estate Fee Simple
C.T.	Area	Lot & D.P. No. or other legal description, or Document No.
	647.4974 hectares, more or less	Nelson Land District, Buller District Council, 647.4974 hectares, more or less, being Sections 1-7, 9-17, 19-28 and 31-33, Block I and Sections 1-4, 8 and 10-13, Block V, Whakapoai Survey District (SO 6543). All New Zealand Gazette 1974 page 610 as shown on Allocation Plan AS 214 (SO 15493) and attached to the Deed of Settlement referred to in Recital A.
Encumbrances, Liens & Interests Together with

BACKGROUND

A The Lessee and Te Runanga are parties to a Deed of Settlement
dated 21 November 1997.

B Pursuant to that Deed, provision was made for the Lessee to
transfer the Land to the Lessor subject to the Lessor granting to the Lessee a
lease in perpetuity of the Land at a peppercorn rental and upon the terms and
conditions set out in this Lease, if the Lessor decided to adopt this course of
action.

C The Lessor has decided to adopt the course of action set out
in Recital B.

D Subject to the Lessor having first decided to adopt the
course of action set out in Recital B, section [ ] of the Ngai Tahu
Claims Settlement Act 1997 empowers the Governor-General to declare the Land to
be a National Park subject to the Act in accordance with section 7 of the Act
and section [ ] of the Ngai Tahu Claims Settlement Act 1997 provides for the
Land to be managed by the Crown as if it were part of the Kahurangi National
Park.

E The parties have agreed that the leasehold interest in the
Land shall be acquired by the Lessee so that the Governor-General may declare
the Land to be a National Park subject to the Act and so that the Lessee can
manage the Land as if it were part of the Kahurangi National Park.

NOW THEREFORE THE LESSOR HEREBY LEASES TO THE LESSEE and
THE LESSEE HEREBY TAKES ON LEASE the Land described in the Schedule of
Land for the term and at the rent set out in this Lease and otherwise subject to
the covenants, conditions, agreements and restrictions set out in this Lease
which includes the Schedule of Land and the Schedule of Terms.

DATED 199

[Execution provisions to come]