Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

SECTION 16: TE RUNANGA's AGREEMENTS AND
ACKNOWLEDGEMENTS

16.1 TE RUNANGA's
AGREEMENTS

16.1.1 Provision for Settlement
of Ngai Tahu Claims

In consideration for the redress provided by the Crown pursuant
to this Deed and the Crown's covenants in this Deed, Te Runanga agrees that this
Deed and the Settlement Legislation will, with effect from the Settlement Date,
settle all the Ngai Tahu Claims and the Crown will, from that date, be released
and discharged in respect thereof, and the Settlement Legislation will contain a
provision to that effect in the form set out in clause 17.3.1.

16.1.2 Provision for Finality

Te Runanga agrees that the Settlement Legislation will declare
that, without limiting the acknowledgements expressed in, or any of the
provisions of, this Deed, the Settlement is final and provide for the removal of
the jurisdiction of the Courts, the Waitangi Tribunal and any other tribunal in
respect of:

(i) the Ngai Tahu Claims;

(ii) the validity of the Deed of Settlement;

(iii) the adequacy of the redress provided to Te Runanga and
other parties by the Crown under the Deed of Settlement; or

(iv) the Settlement Legislation,

(but not for the removal of such jurisdiction in respect of the
implementation or interpretation of the Deed of Settlement or the Settlement
Legislation), such declaration and provision to be in the form set out in
clause 17.3.1.

16.1.3 Support for Settlement Legislation

Te Runanga agrees, subject to due compliance by the Crown with
clauses 17.5 and 17.6, to support the passing of the Settlement
Legislation referred to in clause 17.3 and any other legislation required
to give effect to this Deed and to achieve certainty, finality and durability of
the obligations undertaken by each party in order to achieve the
Settlement.

16.1.4 Provisions Relating to Waitangi
Tribunal

Te Runanga agrees that, except to the extent necessary to give
effect to the Settlement, the jurisdiction of the Waitangi Tribunal (or any
other court or tribunal) to make recommendations for the return of Licensed Land
to Maori ownership or the payment of compensation to Maori in respect of
Licensed Land within the Takiwa of Ngai Tahu Whanui will be removed with effect
from the Settlement Date;

16.1.5 Provision Relating to Accumulated
Rentals

Te Runanga agrees that, except to the extent necessary to give
effect to the Settlement, the right of any Maori to receive licence fees held by
the Crown Forestry Rental Trust or the Crown relating to Licensed Land in the
Takiwa of Ngai Tahu Whanui, other than the Licensed Land transferred to Te
Runanga under Section 7 (Transfer of Forestry Assets), will cease with
effect from the Settlement Date.

16.1.6 Landbank Ceases

Te Runanga agrees that any landbank arrangement will cease to
operate within the Takiwa of Ngai Tahu Whanui after this Deed becomes
unconditional (except to the extent necessary to give effect to this Deed and to
any arrangements reached between Te Runanga and the Crown in relation to land
within the landbank prior to the Settlement Date).

16.1.7 Benefit of Ngai Tahu Whanui

Te Runanga agrees that the redress provided by the Crown
pursuant to this Deed (other than that referred to in clause 16.2.4)
will, in accordance with sections 14 and 16 of the Act, be administered for the
benefit of the present and future members of Ngai Tahu Whanui and in accordance
with the Charter.

16.1.8 Termination of Litigation

Te Runanga agrees:

(a) that the interim order made by the High Court in Te
Runanga o Ngai Tahu Limited v Attorney-General
(CP 119/95, Wellington
Registry) on 3 October 1995 and varied by Justice McGechan on 19 August 1996,
and the Crown undertaking set out in the consent memorandum dated 19 August 1996
filed in those proceedings, will no longer apply;

(b) that the undertaking from the Crown to the plaintiff in
Te Runanga o Ngai Tahu Limited v Attorney-General (CP 119/95, Wellington
Registry), given by Crown counsel in the High Court on 2 October 1995, referred
to in the letter from Bell Gully Buddle Weir dated 4 October 1995 and recorded
in the letter dated 11 March 1996 from the Crown Law Office, will no longer
apply; and

(c) to initiate or support a discontinuance of the court
proceedings specified in Attachment 16.1 as provided in clause
16.3
.

16.2 ACKNOWLEDGEMENTS BY TE
RUNANGA

In consideration for the redress provided pursuant to this
Deed, Te Runanga acknowledges that:

16.2.1 the Crown has acted honourably and reasonably in
relation to the Settlement;

16.2.2 the Settlement is final;

16.2.3 the parties intend that the rights and obligations on
the part of Te Runanga in this Deed are for the benefit of, and binding upon,
Ngai Tahu Whanui and that, except as provided in clause 16.2.4, the
Settlement is not for the benefit of any individual, single whanau, single
marae, single hapU, or single Papatipu Runanga (except to the extent that, after
the Settlement Date, Te Runanga determines in accordance with the Charter and
the Act); and

16.2.4 the parties intend that the redress provided in respect
of the claims referred to in Section 14 (Ancillary Claims) and Section
15
(South Island Landless Natives Act) (other than claims for which redress
is to be provided to Te Runanga) is intended to be for the benefit of the
beneficiaries of those claims (as identified pursuant to the processes outlined
in those Sections). Te Runanga agrees to use reasonable endeavours to facilitate
the provision of that redress to those beneficiaries in accordance with this
Deed.

16.3 PROCEDURES REQUIRED TO DISCONTINUE
PROCEEDINGS

16.3.1 Notice of
Discontinuance

Te Runanga will on or before the Settlement Date, obtain from
the plaintiffs in the litigation referred to in Attachment 16.1 and
deliver to the Crown on the Settlement Date, a notice of discontinuance of the
proceedings in respect of that litigation, signed by the solicitor for the
plaintiffs to those proceedings. In the event that Te Runanga is unable to
provide prior to the date specified above a notice of discontinuance:

(a) Te Runanga will continue to use its best endeavours to
secure a notice of discontinuance from the plaintiffs in the litigation;
and

(b) Te Runanga acknowledges that the Crown will introduce
legislation to terminate such proceedings on the same basis as if they had been
discontinued by the plaintiffs.

16.3.2 Memorandum to Waitangi
Tribunal

Te Runanga will ensure that counsel for the Wai 27 claimants
will, on the Settlement Date, advise the Waitangi Tribunal by written memorandum
in the form approved by the Crown of the Settlement, the terms on which the
Settlement has been reached and request that the Waitangi Tribunal amend its
register to reflect that position. The Crown will ensure that counsel for the
Crown signs an acknowledgement of the matters referred to in the memorandum in
accordance with the requirements of the Waitangi Tribunal.

ATTACHMENT 16.1
COURT PROCEEDINGS TO BE DISCONTINUED
(Clause
16.3.1)

Ngai Tahu Maori Trust Board and Tipene O'Regan v
Attorney-General
(CP 720/91, Wellington
Registry).

Henare Rakiihia Tau and Te Runanga o Ngai Tahu Limited v The
Ministers of Finance and State-Owned Enterprises
(CP
81/95, Wellington Registry).

Te Runanga o Ngai Tahu Limited v
Attorney-General
(CP 115/95, Wellington
Registry).

Te Runanga o Ngai Tahu Limited v Attorney-General and
Others
(CP 119/95, Wellington Registry).

Henare Rakiihia Tau and Te Runanga o Ngai Tahu Limited v
Edward Taihakurei Durie, the Waitangi Tribunal and the
Attorney-General
11 (CP 215/95, Wellington
Registry).