Parties TE RUNANGA O NGAI TAHU HER MAJESTY THE QUEEN in right of New Zealand   DEED TO AMEND DEED OF SETTLEMENT THIS DEED is made on [ ] 1998 BETWEEN TE RUNANGA O NGAI TAHU HER MAJESTY THE QUEEN in right of New Zealand acting by the Prime Minister BACKGROUND Te Runanga and the Crown are parties to a Deed of Settlement dated 21 November 1997 (referred to in this Deed as the "Deed of Settlement"). Te Runanga and the Crown wish to amend the Deed of Settlement in the manner described in this Deed. TE RUNANGA AND THE CROWN AGREE: DEFINITIONS AND INTERPRETATION Except as expressly provided in this Deed, or unless the context otherwise requires: 1.1 Terms defined in the Deed of Settlement have the same meanings in this Deed; 1.2 The rules of interpretation set out in the Deed of Settlement apply in the interpretation of this Deed; 1.3 References to Attachments are to Attachments to the Deed of Settlement; and 1.4 References to Schedules are to Schedules to this Deed. AMENDMENTS TO SECTION 4: TRANSFER OF COMMERCIAL PROPERTIES - NOT SUBJECT TO DEFERRED SELECTION 2.1 Amendments to Section 4 Section 4 of the Deed of Settlement is amended by adding to Attachment 4.1 the properties described in Schedule 1. 2.2 Establishment of Transfer Values For all the purposes of the Deed of Settlement, in respect of each of the properties listed in Schedule 1: the Transfer Value of each property has been established and is the amount recorded in a letter from the Crown to Te Runanga dated 28 September 1998; the Crown is deemed to have satisfied its obligations under clause 4.3.2 of the Deed of Settlement; and Valuation is deemed to have been validly carried out under Attachment 4.3. AMENDMENTS TO SECTION 5: TRANSFER OF COMMERCIAL PROPERTIES - SUBJECT TO DEFERRED SELECTION 3.1 Amendments to Section 5 Section 5 of the Deed of Settlement is amended by deleting from Attachment 5.1 the Property described with OTS No.2, the legal description of which is "Lot 1, DP 46622" and, for the avoidance of doubt, such property shall be treated as if it had never appeared in the Deed of Settlement. 3.2 Maximum Expenditure Notwithstanding that the Property referred to in clause 3.1 has been deleted from Attachment 5.1, in calculating sum "A" defined in clause 8.3.1 of the Deed of Settlement, that Property is deemed to be a Settlement Property with a Cap Value of the amount set out in an agreement for sale and purchase between the Crown and Te Runanga dated 27 May 1998 which, at the time the question arises, the Crown will have transferred to Te Runanga. 3.3 Establishment of Transfer Values 3.3.1 For all the purposes of the Deed of Settlement: the Transfer Value for the Property described with OTS No. 391 in Attachment 5.1 has been established and is the amount recorded in a letter from the Crown to Te Runanga dated 28 September 1998; and the Transfer Value for the Property described with OTS No. 392 in Attachment 5.1 has been agreed and is the amount recorded in a letter from the Crown to Te Runanga dated 28 September 1998. 3.3.2 For all the purposes of the Deed of Settlement, in respect of the Properties referred to in clause 3.3.1: the Crown is deemed to have satisfied its obligations under clause 5.3.2 of the Deed of Settlement; and Valuation is deemed to have been validly carried out under Attachment 5.4. AMENDMENTS TO SECTION 10 : HIGH COUNTRY STATIONS Section 10 of the Deed of Settlement is amended by deleting the definition of "Completion Date" and replacing it with the following definition: "Completion Date means 30 June 1999." AMENDMENTS TO SECTION 11 : MAHINGA KAI - TRANSFER AND VESTING OF PROPERTIES Section 11 of the Deed of Settlement is amended as follows: 5.1 Tribal Properties Clause 11.1.1 of the Deed of Settlement is amended by deleting the references in the definition of "Tribal Properties" to the properties specified in Attachments 11.7 (Okeina (Okains Bay)), 11.31A (Maranuku), and 11.31B (Moeraki Lake), so that the definition now reads as follows: "Tribal Properties means the properties specified in Attachments 11.8, 11.9, 11.10, 11.12, and 11.16 which are being vested in fee simple, the properties specified in Attachments 11.23 and 11.31, which are being vested as reserves, and the property specified in Attachment 11.13, which is being vested in fee simple subject to section 38 of the Reserves Act 1977, and, where the context requires, means one of those properties." 5.2 Clause 11.4.13 of the Deed of Settlement is amended by deleting the words ", subject to clauses 11.2.24 and 11.2.25," after the words "provide that" so that clause 11.4.13 now reads as follows: "The Crown agrees that the Settlement Legislation will provide that Maranuku, as described in Attachment 11.31A, will be vested in Te Runanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as a Scenic Reserve subject to section 19 of that Act." 5.3 Clause 11.4.14 of the Deed of Settlement is amended by deleting the words ", subject to clauses 11.2.24 and 11.2.25," after the word "provide" so that clause 11.4.14 now reads as follows: "The Crown agrees that the Settlement Legislation will provide for the revocation of the reservation of the area described in Attachment 11.31B as a Wildlife Refuge, notwithstanding the Wildlife Act 1953, and for that area to be deemed to be declared a reserve and classified as if it were classified pursuant to section 18 of the Reserves Act 1977, as an Historic Reserve and vested in Te Runanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, and subject to section 19 of that Act, subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Attachment 11.31B." 5.4 Sinclair Wetlands Clause 11.2.4 of the Deed of Settlement is deleted and replaced with the following clause: "The Crown agrees that, subject to the Deed of Assignment executed by Te Runanga in the form set out in Attachment 11.3A, the Settlement Legislation will provide for the vesting of the fee simple estate in Sinclair Wetlands, as described in Attachment 11.3, in Te Runanga without charge, and if necessary and applicable, free from the requirement under Part IVA of the Conservation Act 1957 to reserve a marginal strip." 5.5 Clause 11.2.4A of the Deed of Settlement is deleted and clause 11.2.4B is renumbered to be clause 11.2.4A. 5.6 Section 11 of the Deed of Settlement is amended by inserting a new Attachment 11.3A as set out in Schedule 2. 5.7 Vesting of Te Waiomakua Clause 11.2.5 of the Deed of Settlement is amended by adding the phrase ", free from the requirement under Part IVA of the Conservation Act 1987 to reserve a marginal strip" at the end of the clause, so that clause 11.2.5 now reads as follows: "The Crown agrees that the Settlement Legislation will provide for the revocation of the reserve status of Te Waiomakua as described in Attachment 11.4 and the vesting of the fee simple estate in Te Waiomakua in Te Runanga without charge, free from the requirement under Part IVA of the Conservation Act 1987 to reserve a marginal strip." 5.8 Omihi/Goose Bay The legal description of Omihi/Goose Bay contained in Attachment 11.22 is deleted and replaced with the legal description set out in Schedule 3. 5.9 Creation of Historic Reserve at Kawarau Gorge Clause 11.4.11(b) of the Deed of Settlement is deleted and replaced with the following clause: "the Central Otago District Council having agreed to the closure of the legal (but unformed) road being the area described in Part B of Attachment 11.30, for the closure of the road and the vesting of that road in Te Runanga as part of the Historic Reserve to be created pursuant to and on the terms set out in clause 11.4.11(a). AMENDMENTS TO SECTION 12 : MAHINGA KAI - GENERAL Section 12 of the Deed of Settlement is amended as follows: 6.1 Latin References for Species to Prevail Clause 12.1.1 of the Deed of Settlement is amended by deleting the word "latin" and replacing it with the word "scientific" so that clause 12.1.1 now reads as follows: "Scientific References for Species to Prevail Where a species of plant, animal, bird or fish has been defined in this section by reference to its Maori, English and scientific names, for the avoidance of doubt, the scientific reference shall prevail (including any published revisions to such scientific references from time to time)." 6.2 Appointments to Conservation Boards Clause 12.9 of the Deed of Settlement is amended by: 6.2.1 amending clause 12.9.2(a) of the Deed of Settlement by inserting the words "at least" before the words "2 persons appointed by the Minister of Conservation". Clause 12.9.2 of the Deed of Settlement, as amended by this clause, is set out in Schedule 4; 6.2.2 the inclusion of a new clause 12.9.2A, after clause 12.9.2 of the Deed of Settlement, as set out in Schedule 4; 6.2.3 amending clause 12.9.3(a) of the Deed of Settlement by inserting the words "at least" before the words "1 person appointed by the Minister of Conservation." Clause 12.9.3 of the Deed of Settlement, as amended by this clause, is set out in Schedule 4; 6.2.4 the inclusion of a new clause 12.9.3A, after clause 12.9.3 of the Deed of Settlement, as set out in Schedule 4; 6.2.5 deleting clause 12.9.4 of the Deed of Settlement. The text of clauses 12.9.2 to 12.9.3A of the Deed of Settlement, as amended and inserted by this clause, is set out in Schedule 4. 6.3 Recent appointments 6.3.1 The appointments of the Ngai Tahu members to the Conservation Boards on 26 August 1998 and notified in the New Zealand Gazette on 27 August 1998 comply with clauses 12.9.2 to 12.9.3A of the Deed of Settlement. 6.3.2 The appointments of the Ngai Tahu members to the Guardians of Lakes Manapouri, Te Anau and Monowai on 1 April 1998 comply with clause 12.9.5 of the Deed of Settlement. 6.4 Attachment 12.145: Sites over which a Nohoanga Entitlement will be Created In part A of Attachment 12.145 Site No. 12 is deleted and replaced with the following: 12 Waitaki River Ferry Road 6000 square metres, approximately, being Part Waitaki Riverbed, Block VII, Papakaio Survey District. Subject to survey, as shown on Allocation Plan MN 527 (S.O. 24800) None and Allocation Plan MN 479 is deleted. 6.5 Attachment 12.149: Customary Fisheries In Part B of Attachment 12.149 the references to "Karengo", "Sea Lettuce" and "Porphyra columbina" shall be deleted and replaced with the following: Karengo Karengo/Nori Porphyra columbina Karengo Sea lettuce Ulva spp AMENDMENTS TO SECTION 13 : SPECIFIC SITES Section 13 of the Deed of Settlement is amended as follows: 7.1 Rakiura Titi Committee and Te Runanga to Select Members of the Administering Body Clause 13.6.3(a) of the Deed of Settlement is deleted and replaced with the following clause: "(a) the Administering Body will consist of up to 10 members including up to nine Rakiura Maori selected by Rakiura Maori at the earlier of: their first annual meeting held pursuant to Regulation 7(1) of the Regulations after the Settlement Date; or a meeting of Rakiura Maori called pursuant to Regulations 7(2) and 7(3) of the Regulations after the Settlement Date, and one Rakiura Maori selected by Te Runanga; and". 7.2 Attachment 13.2: List of Huts, Bridges and Tracks Within the Waitaiki Historic Reserve Attachment 13.2 is deleted and replaced with the new Attachment 13.2 as shown in Schedule 5 to this Deed. AMENDMENTS TO SECTION 14 : ANCILLARY CLAIMS Section 14 of the Deed of Settlement is amended as follows: 8.1 Delayed Vesting of Certain Properties Clause 14.2.4(c) of the Deed of Settlement is amended by the deletion of the words "Arawhata Site" and their replacement with the words "Arawhata Site (No.1)" so that clause 14.2.4(c) now reads as follows: "(c) the Arawhata Site (No.1) (as defined in clause 14.14.1);". 8.2 Ancillary Claims Trustees to Identify Beneficiaries Clause 14.6.4 of the Deed of Settlement is amended by deleting the word "renewable", so that clause 14.6.4 now reads as follows: "14.6.4. Ancillary Claims Trustees to Identify Beneficiaries The Ancillary Claims Trustees are to identify the Beneficiaries entitled to a Fenton Entitlement granted pursuant to clause 14.6.2(c), and once the Ancillary Claims Trustees are satisfied that they have identified all such Beneficiaries, or that all appropriate steps have been taken to identify all of the Beneficiaries entitled to a Fenton Entitlement in accordance with Attachment 14.2, one Fenton Entitlement will be granted in favour of the Beneficiaries of each of the Fenton Reserves, over the areas of Crown land as shown on Allocation Plans A 421, 422, 423 & 424 (SO 19874), A 495 (SO 19888) and A 425 (SO 19875) and granted to the Ancillary Claims Trustees pursuant to clause 14.6.2(c).". 8.3 Claim 17 (Arawhata MR1) Clauses 14.14.1 to 14.14.5 inclusive of the Deed of Settlement are deleted and replaced with the following clauses: "14.14.1 Property Description In this clause 14.14: Arawhata Site (No.1) means all that land situated in Westland Land District, Westland District, comprising 12.5000 hectares, approximately, being part Section 1 (S.O. 11836). Part Certificate of Title 8A/496. Subject to a right to convey water in gross created by Transfer 091679. Subject to survey, as shown on Allocation Plan A 206 (S.O.12589); and Arawhata Site (No. 2) means all that land situated in Westland Land District, Westland District comprising: 5.5200 hectares, approximately, being Part of Reserve 1692; and 1505 square metres, approximately, being Section 1 (S.O.12284); and 3.6500 hectares, approximately, being Part Reserve 1692. Subject to survey, as shown on Allocation Plan A206 (S.O.12589). 14.14.2 Protection of forest (if any) Te Runanga and the Crown agree that within 6 months of the Settlement Date a survey of Arawhata Site (No. 2) will be carried out and that within 7 months of the Settlement Date the Minister of Conservation must notify the Ancillary Claims Trustees in writing that either: an area containing indigenous forest has been found to be within the boundaries of Arawhata Site (No. 2) and that they have an obligation to enter into a Nga Whenua Rahui kawenata in the form set out in Attachment 14.7 prior to that site being transferred to the appropriate Beneficiaries; or there is no indigenous forest within the boundaries of that site and therefore no Nga Whenua Rahui kawenata is required. 14.14.3 Vesting of Properties The Crown agrees that the Settlement Legislation will provide for: the removal of the status of conservation (stewardship) area managed for conservation purposes from the Arawhata Site (No.2), notwithstanding Part V of the Conservation Act 1987, and the vesting of the fee simple estate in the Arawhata Sites in the Ancillary Claims Trustees, subject to: an existing easement in gross conferring the right to convey water over part of the Arawhata Site (No. 1) in favour of Okuru Enterprises Limited; and the Ancillary Claims Trustees entering into and registering a Nga Whenua Rahui kawenata relating to the protection of, and access to, the Arawhata Site (No.2) in the form set out in Attachment 14.7 before the fee simple estate in the Arawhata Site (No.2) is vested in the appropriate Beneficiaries; and for the Nga Whenua Rahui kawenata referred to in clause 14.14.3(a)(ii) to be deemed to have been entered into pursuant to section 77A of the Reserves Act 1977, notwithstanding the fact that the Arawhata Site (No.2) is not Maori land; and for the Nga Whenua Rahui kawenata referred to in clause 14.14.3(a)(ii) to be in perpetuity subject to a condition that at agreed intervals of not less than 25 years the parties to the Nga Whenua Rahui kawenata shall review the objectives, conditions, and continuance of the Nga Whenua Rahui kawenata, and on such reviews the parties may mutually agree that the Nga Whenua Rahui kawenata shall be terminated and that the Crown shall have regard to the manawhenua of the owner of the Arawhata Site (No.2), as provided for in section 77A(1)(b) of the Reserves Act 1977, but the owner of the Arawhata Site (No.2) may only terminate the Nga Whenua Rahui kawenata by agreement with the Minister of Conservation; and that the appropriate District Land Registrar shall register the Nga Whenua Rahui kawenata referred to in clause 14.14.3(a)(ii) as soon as it is duly executed and presented for registration by the Ancillary Claims Trustees. the provisions to be included by clause 14.14.3(a)(ii), and (b) to (d) shall not apply if the Minister of Conservation has notified the Ancillary Claims Trustees pursuant to clause 14.14.2(b) that no Nga Whenua Rahui kawenata is required." 8.4 Replacement Attachment 14.7 Attachment 14.7 is deleted and replaced with new Attachment 14.7 as shown in Schedule 6. 8.5 New Clause 14.15.2(a)(iv) Clause 14.15.2 of the Deed of Settlement is amended by inserting, after clause 14.15.2(a)(iii), the following clause: "(iv) the Ancillary Claims Trustees offering formal licences or leases for a period of not less than 5 years to the present occupiers of the Bruce Bay Site (No.1) within one year of the vesting of that site, but before the fee simple estate in that site is vested in the appropriate Beneficiaries;" 8.6 Vesting of Properties: Bruce Bay Site (No. 6) For the avoidance of doubt and as a result of the insertion of the new clause 14.15.2A as noted in clause 8.6 below, clause 14.15.2(d) of the Deed of Settlement is amended by inserting the words ", notwithstanding Part III of the Public Works Act 1981" after the words "Ancillary Claims Trustees" and deleting the full stop at the end of that clause and replacing it with "; and", so that clause 14.15.2(d) now reads as follows: "(d) the removal of the status of conservation (stewardship) area managed for conservation purposes from the Bruce Bay Site (No. 6), notwithstanding Part V of the Conservation Act 1987, and the vesting of the fee simple estate in the Bruce Bay Site (No. 6) in the Ancillary Claims Trustees, notwithstanding Part III of the Public Works Act 1981, subject to an existing grazing licence, dated 4 April 1994 between the Minister of Conservation and Bannock Brae Farms Limited; and". 8.7 New Clauses 14.15.2(e) and 14.15.2A: Bruce Bay Site (No. 6) Clause 14.15.2 of the Deed of Settlement is amended by inserting, after clause 14.15.2(d), the following clauses: "(e) such provisions as are required to empower and require the Ancillary Claims Trustees and the Chief Executive of Land Information New Zealand to undertake the processes outlined in clause 14.15.2A. "14.15.2A Public Works Act Te Runanga and the Crown agree that the procedure for identification of Beneficiaries set out in Attachment 14.2 will be modified in respect of the Bruce Bay Site (No. 6) to reflect the fact that Part III of the Public Works Act 1981 applies to any disposal of that property by the Crown. Accordingly, in order to preserve the rights of any persons entitled to have the Bruce Bay Site (No. 6) offered back to them, the following process shall be followed: as soon as practicable after the date on which the Ancillary Claims Trust is established, the Ancillary Claims Trustees shall make such inquiries as are necessary to establish the persons from whom the Bruce Bay Site (No. 6) was taken, and shall report on the outcome of those inquiries to the Chief Executive of Land Information New Zealand; on receipt of the report of the Ancillary Claims Trustees, the Chief Executive of Land Information New Zealand shall determine whether he or she agrees with the findings of the Ancillary Claims Trustees. If: the Chief Executive of Land Information New Zealand agrees with those findings, then the Ancillary Claims Trustees shall undertake the procedure outlined in Attachment 14.2, except that they shall identify the persons who would be entitled to have the Bruce Bay Site (No. 6) offered back to them if Part III of the Public Works Act 1981 were invoked in relation to that property, and such persons shall be deemed to be the Beneficiaries for the purposes of that Attachment; the Chief Executive of Land Information New Zealand does not agree with those findings, then the Chief Executive of Land Information New Zealand shall invoke the offer back procedure under Part III of the Public Works Act 1981; if clause 14.15.2A(b)(ii) applies, and the offer back made by the Chief Executive of Land Information New Zealand under Part III of the Public Works Act 1981 is accepted, the Chief Executive of Land Information New Zealand shall give notice to that effect to the Ancillary Claims Trustees, and the Ancillary Claims Trustees shall transfer the Bruce Bay Site (No. 6) to the persons who accepted the offer in accordance with Part III of the Public Works Act 1981 without charge and otherwise in such manner as is specified in the Chief Executive of Land Information New Zealand's notice; if clause 14.15.2A(b)(ii) applies, and the offer back made by the Chief Executive of Land Information New Zealand under Part III of the Public Works Act 1981 is not accepted, then the Ancillary Claims Trustees shall undertake the procedure outlined in Attachment 14.2.".	DEED OF AMENDMENT AMENDMENTS TO SECTION 4 AMENDMENTS TO SECTION 5 AMENDMENTS TO SECTION 10 AMENDMENTS TO SECTION 11 AMENDMENTS TO SECTION 12 AMENDMENTS TO SECTION 13 AMENDMENTS TO SECTION 14 AMENDMENTS TO SECTION 15 AMENDMENTS TO SECTION 17 MINOR CORRECTIONS DEED MAPS EXECUTION SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8