Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

(Clause 15.11.3(c))


(Section 77A Reserves Act 1977)

THIS DEED made the day of 199

[names of initial trustees to be inserted here] on behalf
of the Beneficial Owners ("the Landowners")



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

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

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

(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

(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

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

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:



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
Landowners to the extent compatible with the objectives set out in this

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

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

(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

(e) the erection of any fence, building, structure or other
improvements on the land, provided that whitebaiter type huts may be erected by
the Landowners in places where their effect on the land in relation to the
objectives and purposes of this Deed would be minimal and subject to first
obtaining any statutory or other consents; and

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

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.


2.1 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.


3.1 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.


4.1 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

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.


5.1 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.


6.1 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;

(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.


7.1 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


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.



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).

Executed this day of 19 .

in the presence of: )

Witness: _______________________________

Occupation: ____________________________

Address: _______________________________

SIGNED for )
presence of:

Witness: _______________________________

Occupation: ____________________________

Address: _______________________________