Ngai Tahu Settlement

ATTACHMENT 10.8
EASEMENT FOR PUBLIC ACCESS TO LAKE RERE
(Clause 10.5.1(g))

MEMORANDUM OF TRANSFER

GRANTING EASEMENT

Date:

BETWEEN

(1) TE RUNANGA O NGAI TAHU at Christchurch
(the Transferor)

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

SCHEDULE OF LAND

[Details to come]

BACKGROUND

A. The Transferor and the Transferee are parties to a Deed of
Settlement dated [ ] 1997.

B. Pursuant to that Deed, the Transferee agreed to transfer to
the Transferor certain land including the Land, subject to the Transferor
agreeing to grant a public foot access easement in gross over the
walkway.

C. Under section [ ] of the Ngai Tahu Claims Settlement Act
1997 this Instrument is deemed to have been entered into by the Transferee
pursuant to Section 12 of the Reserves Act 1977.

NOW THEREFORE the Transferor
HEREBY TRANSFERS AND GRANTS TO THE TRANSFEREE and THE TRANSFEREE
HEREBY ACCEPTS an easement in gross for public foot access pursuant to the
Reserves Act 1977 over the walkway such easement to provide a full, free,
uninterrupted and unrestricted right, liberty and privilege in perpetuity and at
all times by day and night for any member of the public (in common with the
Transferor and other authorised persons) at their will and pleasure to go, pass
and repass on foot over and along the walkway (except where the walkway is
closed under clause 6.1) to the end and intent that the public shall have
foot access over and along the walkway to and from Lake Rere. The terms and
conditions on which such easement is granted are those set out in this
Instrument, which includes the Schedule of Land and the Schedule of
Terms.

DATED 199

[Execution provisions to come.]

SCHEDULE OF TERMS

THE TRANSFEROR AND THE TRANSFEREE COVENANT AND
AGREE as follows:

1 DEFINITIONS AND INTERPRETATION

1.1 In this Instrument, unless the context requires
otherwise:

Crown means Her Majesty the Queen
in right of New Zealand;

Land means the area described in
the Schedule of Land;

walkway means the walkway
identified as such on [insert reference to survey plan].

1.2 In the interpretation of this Instrument, unless the
context otherwise requires:

1.2.1 headings appear as a matter of convenience and are not to
affect the interpretation of this Instrument;

1.2.2 the singular includes the plural and vice versa, and
words importing one gender include the other genders;

1.2.3 a reference to an enactment or any regulations is a
reference to that enactment or those regulations as amended, or to any enactment
or regulations substituted for that enactment or those regulations but this
provision shall be read subject to clause 1.3;

1.2.4 a reference to a party to this Instrument or to any other
document or agreement includes the party's successors, heirs, executors and
assigns; and

1.2.5 a reference to the Transferor includes any receiver,
liquidator, statutory manager or assignee in bankruptcy of the Transferor. Where
there is more than one owner of the Land, this Instrument binds them both
jointly and severally.

1.3 The parties agree that the rule of interpretation referred
to in clause 1.2.3 is intended only to facilitate interpretation of
this Instrument in circumstances where legislative changes make statutory
references in this Instrument obsolete. It is not intended to indicate, and
should not be interpreted as indicating, any consent by the Transferor to, or
acquiescence by the Transferor in, the introduction to Parliament by the Crown
of any proposed statutory amendment which would adversely affect the redress
provided by the Crown pursuant to the Deed of Settlement referred to in
Recital A or the ability of either party to fulfil its obligations
expressed in this Instrument or in that Deed of Settlement.

2 COVENANTS

2.1 The powers, rights and duties of the parties set out in
this Instrument are in substitution for those implied in the Property Law Act
1952 and the Ninth Schedule of that Act.

2.2 The Transferee shall have the right to maintain and improve
the walkway at its own cost in any manner that is unlikely to interfere with the
farming operations carried out by the Transferor on the Land and otherwise as
the Transferee shall deem expedient.

2.3 The Transferor shall not have any responsibility to
maintain or improve the walkway. However, the Transferor shall be responsible
for the repair and maintenance of the walkway where the damage has been caused
by any act or default of the Transferor or its authorised persons.

2.4 The Transferee will take reasonable steps to keep the
walkway clean, tidy and free from rubbish and other unsightly, offensive or
inflammable matter.

2.5 The Transferee may erect, display and maintain suitable
signs, markers, warning notices and stiles, and do such other things as may help
protect the safety of the public, but, except as otherwise provided in this
clause 2, may not erect or bring into the walkway any structure, install
any facility or undertake any development of any kind nor alter the walkway in
any way.

2.6 The Transferee shall maintain in good order and, where
necessary, replace or re-erect the fence (including gates and stiles) between
the walkway and the Land which was erected by the Transferee prior to the date
of this Instrument.

2.7 The Transferee will not grant permission or otherwise
sanction the undertaking of any of the following activities by members of the
public using the walkway:

2.7.1 lighting any fire;

2.7.2 taking or riding or having in their charge any
horse;

2.7.3 taking or having charge of any dog (unless authorised by
the Transferor and the Transferee);

2.7.4 taking, using or having charge of any firearm (unless
authorised by the Transferor and the Transferee);

2.7.5 taking, driving, or having in their charge or control any
motor vehicle; or

2.7.6 entering or remaining on any part of the walkway that is
for the time being closed.

2.8 The Transferee will notify the Transferor if it becomes
aware of any natural events or activities on the walkway or in the surrounding
area which the Transferee reasonably believes may endanger the Transferor's
operations on the surrounding area.

3 ACCESS FOR TRANSFEREE

The Transferee may authorise its servants, agents or employees
to proceed along the walkway for the purposes of developing, improving or
maintaining the walkway. Such authorised persons will not interfere with or
disrupt the activities carried out by the Transferor on the Land.

4 INDEMNITY

The Transferee will indemnify the Transferor from and against
all actions, claims, demands, losses, damages, costs and expenses for which the
Transferor shall become liable arising from loss or damage to the property of,
or death or injury to, any member of the public on any part of the walkway in
accordance with the right of access given under this Instrument unless such
loss, damage, death or injury is caused or contributed to by any act, omission,
neglect or breach of this Instrument on the part of the Transferor or any
employee, contractor or agent of the Transferor.

5 COMPLIANCE WITH STATUTES

The Transferee shall at all times comply with all statutes,
ordinances, regulations, bylaws or other enactments affecting or relating to the
walkway or the use and enjoyment of it by the public.

6 POWERS AND AUTHORITIES

6.1 The Transferee may close the walkway or any part of it for
reasons of safety or during emergencies, or for the purpose of maintenance or
development work.

6.2 No power is granted or implied in respect of the walkway
easement created by this Instrument for the parties to determine the easement
granted under this Instrument for any breach of covenant (express or implied) or
for any other cause whatsoever. It is the intention of the parties that the
walkway easement created by this Instrument shall subsist forever.

6.3 All powers rights and authorities given to the Transferee
under this Instrument and any notice required to be given by the Transferee may
be exercised and given by the Director-General of Conservation or any officer,
servant, employee or agent of the Director-General of Conservation.

7 DEFAULT

If any party ("the defaulting party") neglects or refuses to
perform or join with the other party in performing any obligations under this
Instrument, the following provisions shall apply:

7.1 the other party may serve on the defaulting party a written
default notice requiring the defaulting party to perform or join in performing
such obligation;

7.2 if, at the expiry of the default notice, the defaulting
party still neglects or refuses to perform or join in performing the obligation,
the other party may:

(a) perform such obligation; and

(b) for that purpose enter the Land and carry out any
work;

7.3 the defaulting party shall be liable to pay to the other
party the costs of the default notice (including reasonable legal costs incurred
on a solicitor and client basis in preparing and serving the default notice),
and the proportion of costs specified in the default notice to be incurred by
the other party in performing such obligation; and

7.4 the other party may recover from the defaulting party as a
liquidated debt any money payable pursuant to this clause.

8 ASSIGNMENT

The Transferee shall not transfer, sublicence, assign, mortgage
or otherwise dispose of the Transferee's interest under this Instrument in whole
or in part without the prior written consent of the Transferor.

9 NOTICES

9.1 All notices under this Instrument shall be in writing. They
shall be delivered personally or by pre-paid post or facsimile addressed to the
receiving party at the address or facsimile number set out in clause 9.2.
A notice given in accordance with this clause shall be deemed to have been
received:

9.1.1 in the case of personal delivery, on the date of
delivery;

9.1.2 in the case of a letter, on the third working day after
posting; or

9.1.3 in the case of facsimile, on the date of
dispatch.

9.2 The addresses for service of notice are:

9.2.1 Transferor: Te Runanga o Ngai Tahu

9.2.2 Transferee: The Regional Conservator
PO Box
5244
Dunedin
Facsimile: (03) 477 8626

10 COSTS

10.1 The Transferee shall pay the costs of the Transferor in
enforcing or attempting to enforce its rights and powers under this Instrument
if the Transferee is in default.

10.2 The Transferee shall pay all costs reasonably incurred by
the Transferor incidental to any application for consent or approval necessary
in terms of this Instrument whether or not such consent is granted.

11 NO EXCLUSIVE POSSESSION

Nothing contained or implied in this Instrument confers on the
Transferee exclusive possession or exclusive rights to or over any part of the
walkway.

12 DISPUTE RESOLUTION

12.1 If any dispute arises between the parties in connection
with the rights or obligations created by this grant of easement or compliance
with such rights or obligations, the parties shall without prejudice to any
other rights they may have under this Instrument, attempt to resolve the dispute
by negotiation or other informal dispute resolution techniques agreed by the
parties.

12.2 If the parties are unable to resolve the dispute by
negotiation or other informal means within 21 days of written notice by one
party to the other of the dispute (or such further period as the parties agree
in writing) either party may refer the dispute to arbitration in accordance with
the Arbitration Act 1996.