Ngai Tahu Settlement

Doug Graham Treaty of Waitangi Negotiations

ATTACHMENT 10.14
LICENCE FOR SITING OF LOWER GREENSTONE STOCK BRIDGE
Clause 10.9.2)

Date:

BETWEEN

(1) HER MAJESTY THE QUEEN in right of New Zealand acting
by and through the Minister of Conservation and the Commissioner of Crown Lands
(the Grantor)

(2) TE RUNANGA O NGAI TAHU (the
Licensee
)

BACKGROUND

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

B Pursuant to that Deed, the Crown agreed to grant to the
Licensee a licence for the siting of the Stock Bridge on certain land under the
management of the Minister and in certain airspace over land managed by the
Commissioner subject to the terms of this Licence.

C This Licence is issued pursuant to section [ ] of the Ngai
Tahu Claims Settlement Act 1997 and is a concession for the purposes of the
Conservation Act 1987 insofar as it relates to that part of the Land that is
under the control of the Minister of Conservation.

NOW THEREFORE the parties
agree:

1 DEFINITIONS AND INTERPRETATION

1.1 In this Licence, unless the context otherwise
requires:

Airspace means that space over the
Land occupied by the Stock Bridge shown on the plan annexed as Appendix 1
or such other airspace as may be agreed by the Grantor pursuant to clause
9.2.2
;

Commissioner means the Commissioner
of Crown Lands;

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

Easement Land means that part of
the Land which is subject to any easement in favour of the Licensee;

Land means the Grantor's land
described in Appendix 2, comprising conservation land and marginal strip
managed by the Minister and unallocated Crown land managed by the
Commissioner;

Licence Fee means an annual fee of
$1.00 per annum including GST;

Licensed Activity means the
activities referred to in clause 2;

marginal strip has the meaning
given to it in the Conservation Act 1987;

Minister means the Minister of
Conservation;

Station Areas has the meaning given
to it in the Deed of Settlement referred to in Recital A;

Stock Bridge means the Licensee's
bridge erected in the Airspace or any bridge which may be erected in replacement
of it;

Supports means all abutments,
support wires or other equipment supporting the Stock Bridge;

Support Land means that part of the
Land currently occupied by the Supports shown on the plan annexed as Appendix
1
, or such other parts of the Land required from time to time by the
Licensee for the siting of the Supports, subject to the Grantor's consent under
clause 9.1.

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

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

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 Licence or any other
document or agreement includes that party's successors, heirs, executors and
assigns; and

1.2.5 a reference to the Licensee includes any receiver,
liquidator, statutory manager or assignee in bankruptcy of the Licensee. Where
there is more than one Licensee, this Licence 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
Licence in circumstances where legislative changes make statutory references in
this Licence obsolete. It is not intended to indicate, and should not be
interpreted as indicating, any consent by the Licensee to, or acquiescence by
the Licensee 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 Licence or
in that Deed of Settlement.

2 GRANT OF LICENCE

In consideration of the Licence Fee paid by the Licensee to the
Grantor, the Grantor grants to the Licensee a licence to:

2.1 occupy the Airspace for the purpose of using the Stock
Bridge and any necessary maintenance repair or replacement;

2.2 occupy the Support Land for the purpose of using the
Supports and any necessary maintenance repair or replacement;

2.3 have access from the Easement Land across the Land to the
Support Land for the purpose of maintaining, repairing and replacing the Stock
Bridge or the Supports; and

2.4 have access from the Station Areas over the marginal strip
to the Stock Bridge for persons, vehicles or animals lawfully using the Stock
Bridge,

in perpetuity, commencing on the date of this Licence and
otherwise on the terms and conditions set out in this Licence.

3 LICENCE FEE

The Licensee shall pay the Licence Fee to the Grantor, if
demanded by the Grantor.

4 OTHER CHARGES

The Licensee shall pay all rates and other local authority
charges which may be charged, levied or reasonably assessed, or which become
payable in relation to the Licensee's occupation of the Airspace and the Support
Land and all costs, expenses and charges of any nature incurred by the Licensee
or the Grantor (in which case they shall be reimbursed to the Grantor by the
Licensee upon demand) in relation to the carrying on of the Licensed
Activity.

5 LICENSED ACTIVITY

5.1 Except as otherwise agreed between the Grantor and the
Licensee, the Licensee shall not use the Land for any purpose other than as may
be set out in this Licence.

5.2 The Licensee shall take out and maintain and pay all fees
for all licences, permits, authorisations, consents and renewals as may be
necessary for the proper conduct of the Licensed Activity. The Licensee shall
not do or suffer to be done any act whereby any such licence, permit or
authorisation may be forfeited or suspended or the renewal refused.

6 PUBLIC ACCESS

The Licensee will permit the Grantor and any members of the
public who have lawful access to the Land or who may be lawfully using the
walkway in the Lake Rere Area (which is the area subject to a Deed of Easement
between the Grantor and the Licensee dated [ ]) to use the Stock Bridge, but the
Licensee may temporarily deny access to the Stock Bridge when sheep are on the
Stock Bridge.

7 COMPLIANCE WITH STATUTES

The Licensee shall comply with all statutes, ordinances,
regulations, by-laws or other enactments, and all notices and requisitions of
any competent authority affecting or relating to the Licensed
Activity.

8 STOCK BRIDGE

8.1 The Grantor acknowledges that the Stock Bridge and the
Supports are the property of the Licensee.

8.2 The Licensee shall take all necessary steps to
ensure that at all times the Stock Bridge is in good order and repair and does
not constitute a danger or a nuisance to any person using the Land. Subject to
clause 8.5, if, at any time during the term of the Licence, the Licensee,
in exercising its rights, gives rise to any occurrence or circumstance which, in
the reasonable opinion of the Grantor, constitutes a danger or a public or
private nuisance, then the Grantor may require the Licensee to alter or modify
the Stock Bridge and/or its use of the Stock Bridge and/or require the Licensee
to erect further structures or supports to minimise the risk and expense to the
Grantor so that such danger or nuisance ceases.

8.3 Subject to clause 8.5, the Licensee shall pay for
all costs and expenses of all maintenance and repairs to the Stock Bridge and
the Supports.

8.4 The Licensee shall not abandon or leave on the Land any
materials, plant or equipment relating to work carried out pursuant to this
Licence, but shall remove such materials, plant or equipment as soon as possible
after completion of such works.

8.5 Notwithstanding the provisions of this clause 8,
nothing in this Licence shall require the Licensee to maintain the Stock Bridge
and the Supports to a standard suitable for public use. However, if for any
reason the standard of the Stock Bridge and the Supports falls below the
standard suitable for public use (but remains suitable as a means of access for
sheep) the Licensee shall notify the Grantor to that effect and the Grantor
may:

8.5.1 take steps to stop public access to the Stock Bridge (in
which case the Licensee shall grant the Grantor such easements across the
Licensee's land as may be necessary to give the public access to the most
convenient point for crossing the Greenstone River); or

8.5.2 undertake at its expense such upgrading of the Stock
Bridge or the Supports as may be required to make them of a standard suitable
for public use so long as such upgrading does not adversely affect the use of
the Stock Bridge as a means of access for sheep.

8.6 The Grantor and its agents or servants may enter upon the
Stock Bridge at any time for the purpose of inspecting the Stock
Bridge.

9 REPLACEMENT AND RELOCATION

9.1 The Licensee shall not relocate the Supports without first
obtaining the Grantor's prior consent in writing, such consent not to be
unreasonably withheld or delayed. In seeking such consent the Licensee shall
submit to the Grantor plans identifying the area of the Land where the Licensee
proposes to relocate the Supports.

9.2 In the event that the Stock Bridge is damaged or destroyed
the Licensee shall have the right to erect a replacement Stock Bridge provided
that:

9.2.1 unless the Grantor otherwise consents in writing, the
dimensions of such new Stock Bridge shall be the same or equivalent to the
dimensions of the existing Stock Bridge; and

9.2.2 the Stock Bridge shall be located in the Airspace
occupied by the existing Stock Bridge or such other airspace in the vicinity of
the existing Stock Bridge as the Grantor may agree in writing, such consent not
to be unreasonably withheld, provided that as a condition of granting such
consent the Grantor may require that the Licensee provide such alternative
access across the Licensee's land as may be necessary to allow the Grantor and
the public to continue to use the Stock Bridge in accordance with clause
6
.

9.3 In the event that the Stock Bridge is relocated under
clause 9.2.2 the Grantor shall grant the Licensee such easements across
the Land as may be necessary for the Licensee to access the new Stock Bridge and
the Licensee shall grant the Grantor such easement across the Licensee's land as
may be necessary to allow the Grantor and the public to continue to access the
Stock Bridge.

10 REMOVAL OF STOCK BRIDGE AND SUPPORTS

From the determination of this Licence the Licensee shall with
all reasonable speed and at its own expense remove the Stock Bridge and all
Supports from the Land, and shall restore that Land that the Licensee may have
disturbed or occupied to a state and condition as near as practicable to the
state and condition of the Land immediately prior to the exercise of such rights
conferred upon the Licensee.

11 OWNERSHIP OF STOCK BRIDGE AND SUPPORTS

Ownership of the Stock Bridge and the Supports shall at all
times remain with the Licensee.

12 SAFETY

12.1 The Licensee shall exercise its rights under this Licence
in a safe and reliable manner.

12.2 The Licensee shall notify the Grantor if it becomes aware
of any matter in relation to the Stock Bridge which the Licensee reasonably
believes may endanger the public or the environment as soon as it is reasonably
practical to do so.

13 INSURANCES AND INDEMNITIES

13.1 The Licensee shall keep current at all times during the
terms of this Licence a policy of public risk insurance applicable to the
Licensed Activity for an amount not less than $1,000,000 (being the amount which
may be paid out arising out of any single accident or event) or such higher
amounts as the Grantor may from time to time reasonably require.

13.2 The Licensee shall indemnify the Grantor from and against
all actions, claims, demands, losses, damages, costs and expenses for which the
Grantor shall become liable arising from the Licensee's conduct of the Licensed
Activity unless such loss, damage or injury is caused or contributed to by any
act, omission, neglect or breach of this Licence on the part of the Grantor or
any employee, contractor or agent of the Grantor.

13.3 In consideration for the Licensee's covenant under
clause 6, the Grantor shall indemnify the Licensee from all actions,
claims, demands, losses, damages, costs and expenses for which the Licensee
shall become liable arising from loss or damage to the property of, or death or
injury to, any member of the public using the Stock Bridge pursuant to the right
conferred by clause 6 arising from the use of the Stock Bridge by that
member of the public unless such loss, death, damage or injury is caused or
contributed to by any act, omission, neglect or breach of this Licence on the
part of the Licensee or any employee, contractor or agent of the
Licensee.

14 ANNUAL BUILDING WARRANT OF FITNESS

The Licensee shall comply with the requirements of the Building
Act 1991 relating to:

14.1 the supply and display of an annual building warrant of
fitness; and

14.2 the retention, for inspection purposes, of the compliance
schedule for the Stock Bridge and reports on the requirements of that
schedule.

15 ASSIGNMENT

15.1 The Licensee shall not transfer, sublicense, assign,
mortgage, or otherwise dispose of the Licensee's interest under this Licence or
any part thereof without the prior written consent of the Grantor. However such
consent shall not be withheld if the Licensee proposes to transfer this Licence
to any person to whom it is to transfer its interest in its adjoining land and
such person is solvent and reasonably capable of performing its obligations
under this Licence.

15.2 If the Grantor gives consent under this clause, the
Licensee shall procure from the transferee, sublicensee or assignee a covenant
to be bound by the conditions of this Licence (including this clause 15).
Upon any assignment or transfer taking effect the Licensee shall be released
from its obligations and liability under this Licence, except any liability for
a breach which occurred prior to the date of the assignment.

15.3 The Grantor may, as a condition of giving its consent
under clause 15.1, require that the assignee covenant to take out and
keep current a policy of public risk insurance applicable to the Land and the
Support Land and the Licensed Activity for such amount as the Grantor may from
time to time reasonably require.

16 TERMINATION

16.1 The Grantor may terminate this Licence:

16.1.1 by 90 days notice in writing to the Licensee
if:

(a) any money payable to the Grantor under this Licence is in
arrears and unpaid for 28 days after any of the days appointed for payment;
or

(b) the Licensee breaches any term of this Licence, the Grantor
has notified the Licensee in writing of the breach and the Licensee does not
rectify the breach within 90 days of receiving notification;

16.1.2 by 14 days notice in writing to the Licensee
if:

(a) the Licensee fully ceases to conduct the Licensed Activity;
or

(b) the Licensee is convicted of an offence under the
Conservation Act 1987 or any of the statutes listed in the First Schedule to
that Act in relation to its activities on the Land, the Easement Land and the
Station Areas.

16.2 If the Grantor terminates this Licence under this
clause 16, all rights of the Licensee shall absolutely cease but
the Licensee shall not be released from any liability to pay the Licence Fee or
other money payable by the Licensee up to the date of termination or for any
breach of any term up to the date of termination.

16.3 The Grantor may exercise its right under this clause
16
to terminate this Licence notwithstanding any prior waiver or failure to
take action by the Grantor or any indulgence granted by the Grantor for any
matter or default.

16.4 If the Licensee wishes to surrender this Licence during
the currency of the term, such surrender may be accepted by the Grantor on such
conditions as the Grantor may deem appropriate.

17 POWERS, RIGHTS AND AUTHORITIES

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

18 NOTICES

18.1 All notices under this Licence shall be in writing. They
shall be delivered personally or, by pre-paid post or by facsimile addressed to
the receiving party at the address or facsimile number set out in clause
18.2
. A notice given in accordance with this clause shall be deemed to have
been received:

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

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

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

18.2 The addresses for service of notice are:

18.2.1 Grantor: Regional Conservator Otago
PO Box
5244
DUNEDIN

Facsimile: (03) 477 8626

and: Commissioner of Crown
Lands

18.2.2 Licensee: Te Runanga o Ngai Tahu

19 COSTS

19.1 The Licensee shall pay the costs of the Grantor in
enforcing or attempting to enforce its rights and powers under this Licence if
the Licensee is in default.

19.2 The Licensee shall pay all costs reasonably incurred by
the Grantor incidental to any application for consent or approval necessary in
terms of this Licence whether or not such consent is granted.

20 NON - EXCLUSIVE LICENCE

Nothing contained or implied in this Licence confers on the
Licensee exclusive possession or exclusive rights to or over any part of the
Land.

21 DISPUTE RESOLUTION AND ARBITRATION

21.1 If any dispute arises between the parties in connection
with this Licence, the parties shall without prejudice to any other rights they
may have under this Licence, attempt to resolve the dispute by negotiation or
other informal dispute resolution techniques agreed by the parties.

21.2 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.

EXECUTED on the date first written
above.

[Execution provisions to come]

APPENDIX 1

[Plan of Airspace Land - detail from Allocation Plan HC
516]

APPENDIX 2

[Description of Land to be inserted]