Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

SECTION 17: CONDITIONS AND LEGISLATION

17.1 CONDITIONAL DEED

17.1.1 Passing of Legislation

Subject to clause 17.1.2, this Deed and the Settlement
are conditional on:

(a) the passing of the Settlement Legislation and the making of
an Order in Council bringing into force the Settlement Legislation (other than
any section relating to an individual property which is to come into force on a
date provided for in the section itself);

(b) the passing of the Ngai Tahu (Tutaepatu Lagoon Vesting)
Bill.

17.1.2 Some Provisions not Conditional

Although this Deed and the Settlement are conditional on the
matters specified in clause 17.1.1, the parties acknowledge that certain
provisions of this Deed become binding on the parties upon execution of this
Deed. Where any provision of this Deed says that any provision is not
conditional as described in clause 17.1, the provision concerned shall be
binding upon the parties unless and until termination of this Deed under
clause 17.2, and any amount payable by one party to the other under any
such provision in relation to the period prior to the date of termination shall
be paid notwithstanding such termination.

17.1.3 Waiver

Te Runanga may, at its sole discretion, waive the condition
referred to in clause 17.1.1(b), in which case that condition will be
deemed to have been satisfied for the purposes of this Deed

17.2 TERMINATION IF DEED REMAINS
CONDITIONAL

17.2.1 Termination

If the conditions referred to in clause 17.1.1 have not
been satisfied by the date which is 12 months after the date of this
Deed, then either party may, by notice to the other, terminate this Deed.
If that happens, this Deed will be at an end and neither party will have any
rights or obligations under it. The parties agree that this Deed will be treated
as having been entered into on a "without prejudice" basis until it becomes
unconditional.

17.ori112.2 Costs Before Termination

If this Deed is terminated under clause 17.2.1, the
Crown shall pay on demand (and on receipt of copies of receipted invoices or
other satisfactory evidence of payment) to Te Runanga its reasonable costs and
expenses reasonably incurred to a maximum of $500,000.00 (plus GST) in complying
with those obligations under this Deed with which Te Runanga had to comply
before termination. The Crown's obligations under this clause 17.2.2
shall continue after termination under clause 17.2.1.

17.3 INTRODUCTION OF SETTLEMENT
LEGISLATION

The Crown agrees that it will, within 6 months after the date
of this Deed (or such longer period as the Crown and Te Runanga may agree),
propose for introduction to Parliament legislation to give effect to the
Settlement, and to achieve certainty in respect of, and to record the approval
by Parliament of, the Settlement. The proposed Settlement Legislation will,
without limitation:

17.3.1 include a provision as follows:

(1) "The settlement of the Ngai
Tahu claims to be effected pursuant to the deed of settlement is final, and the
Crown is released and discharged in respect of those claims
;

(2) Subsection (1) does not
limit the deed of settlement
;

(3) Despite any other enactment or rule of law, no court or
tribunal has jurisdiction to inquire or further inquire into, or to make any
finding or recommendation in respect of -

(a) Any or all of the Ngai Tahu claims; or

(b) The validity of the deed of settlement;
or

(c) The adequacy of the benefits provided to Te Runanga o
Ngai Tahu and others under this Act or the deed of settlement; or

(d) This Act;

(4) Subsection (3) does not exclude the jurisdiction of a
court or tribunal in respect of the interpretation or implementation of the deed
of settlement or this Act";

17.ori113.2 include such provisions as are required to give
effect to the Crown's obligations in respect of the Settlement Legislation
pursuant to this Deed;

17.3.3 include any other provisions required to achieve
certainty, finality and durability of the Settlement and to give effect to this
Deed;

17.3.4 provide for the removal of Memorials from titles to land
within the Takiwa of Ngai Tahu Whanui with effect from the Settlement
Date;

17.3.5 provide for the removal of the obligation to impose
Memorials on the titles to land within the Takiwa of Ngai Tahu Whanui with
effect from the Settlement Date;

17.3.6 provide that nothing in the following statutory
provisions below will apply in relation to any land within the Ngai Tahu Claim
Area from the Settlement Date:

(a) Sections 8A to 8H of the Treaty of Waitangi Act
1975;

(b) Sections 27A to 27C of the State-Owned Enterprises Act
1986;

(c) Part III of the New Zealand Railways Corporation
Restructuring Act 1990; and

(d) Sections 211 to 213 of the Education Act 1989;

17.3.7 provide for the removal of 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
;

17.3.8 provide for the cessation of the Ngai Tahu Maori Trust
Board annuity;

17.3.9 provide that the rule against perpetuities or any
relevant provision of the Perpetuities Act 1964 will not apply to any document
entered into to give effect to this Deed if the application of the rule against
perpetuities or the provision of the Perpetuities Act would otherwise make the
document invalid or ineffective.

17.3.10 provide that the Settlement (other than those parts of
the Settlement provided for in clauses 13.3 and ori1113.6,
Section 14 (Ancillary Claims) and Section 15 (South Island
Landless Natives Act))+ is for the benefit of all Ngai Tahu Whanui collectively,
and 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

17.3.11 provide for an amendment to the definition of "Ngai
Tahu Whanui" in section 2 of the Act to include a reference to Waitaha in
conjunction with Ngai Tahu and Ngati Mamoe.

17.4 TE RUNANGA STATEMENT REQUIRED

The proposed Settlement Legislation referred to in clause
17.3
will include a provision or provisions to the effect that:

17.4.1 the Settlement Legislation will not come into force
until an Order in Council bringing it into force has been executed;

17.4.2 no Order in Council may be made bringing the Settlement
Legislation into force unless Te Runanga has provided a statement in writing to
the Crown that the legislation as enacted is acceptable to Te
Runanga;

17.4.3 an Order in Council bringing into force the Settlement
Legislation (other than the sections referred to in clause 17.1.1 (a))
will be made no later than 20 Business Days after Te Runanga has provided a
statement in writing to the Crown that the Settlement Legislation as enacted is
acceptable to Te Runanga; and

17.4.4 if an Order in Council bringing into force the
Settlement Legislation (other than the sections referred to in clause
17.1.1(a)
) has not been made by the date which is 6 months after the date on
which the legislation is enacted, then the legislation will be deemed to be
repealed.

17.5 TE RUNANGA PARTICIPATION IN
DRAFTING

The Crown acknowledges that, in view of the requirements of
clause 17.4, it is important that the proposed Settlement Legislation as
introduced is in a form which is acceptable to Te Runanga. Accordingly, Te
Runanga or its nominated advisors will participate along with officials in the
preparation of drafting instructions to Parliamentary Counsel to prepare the
Bill to be introduced and in settling the draft of the Bill with Parliamentary
Counsel. The draft Bill proposed in accordance with this clause will then be
submitted to Cabinet for approval. Once Cabinet has approved that draft Bill the
final decision on the introduction of the Bill will be a Cabinet
decision.

17.6 CONFIRMATION FROM TE RUNANGA

Prior to the introduction of the Bill referred to in clause
17.3
, the Crown will request that Te Runanga confirm in writing that, if the
Bill in the form approved by Cabinet for introduction to Parliament were
enacted, it would be acceptable to Te Runanga for the purposes of clause
17.4
. Te Runanga agrees that if it gives such confirmation and the
Settlement Legislation as passed by Parliament does not contain any amendments
to the draft Bill in respect of which the confirmation was given, which would
alter or add to the provisions of the draft Bill in a manner which is to the
detriment of Ngai Tahu Whanui, Te Runanga will not withhold the statement
referred to in clause 17.4.

17.7 CONSEQUENCES OF TE RUNANGA
STATEMENT

In the event that Te Runanga provides a statement under
clause 17.4.2 and the Settlement Legislation comes into force, any
provision of this Deed which requires that the Settlement Legislation make
provision for any matter will be deemed to have been complied with even if the
Settlement Legislation to which Te Runanga's statement under clause
17.4.2
relates omits such provision or contains a provision which differs
from it in any respect. Nothing in this clause imposes any obligation on Te
Runanga to provide a statement under clause 17.4.2 if any such provision
has been omitted from the Settlement Legislation or changed in the Settlement
Legislation.

17.8 NOT CONDITIONAL

Clause 17.1 (which provides that
this Deed is conditional on the Settlement Legislation coming into force) does
not apply to clauses 17.2.2, 17.5 and 17.6.