SECTION 10: HIGH COUNTRY STATIONS
10.1 DEFINITIONS
10.1.1 Defined Terms
In this Section, unless the context requires otherwise:10.12 PROVISIONS APPLYING TO TRANSFERS UNDER THIS SECTION
Area Plan means the plan attached to this Deed as Allocation Plan HC 514;
Caples Valley Area means the area identified as the Caples Valley Area on the Area Plan;
Completion Date means the next Business Day after the expiration of 90 Business Days commencing on the Legislation Date;
Elfin Bay Area means the area identified as the site of the Elfin Bay wharf as shown on Allocation Plan HC 518;
Gift Areas means the areas hatched with horizontal lines (and coloured pink) on the Area Plan;
Greenstone Valley Area means the area identified as the Greenstone Valley Area on the Area Plan;
Greenstone Wharf Area means the area identified as the site of the Greenstone Wharf as shown on Allocation Plan HC 517;
Hillocks Kame Field means the area identified as the Hillocks Kame Field on Allocation Plan HC 515;
Home Hill Area means the area identified as the Home Hill Area on the Area Plan;
Leaseback Conservation Areas means the areas hatched with diagonal lines (and coloured yellow) on the Area Plan;
Legislation Date means the date on which this Deed becomes unconditional;
Mararoa Valley Area means the area identified as the Mararoa Grazing Area on Allocation Plan HC 523;
Routeburn Field means the area identified as the Routeburn Field on Allocation Plan HC 515;
Scott Basin means the area identified as the Scott Basin on Allocation Plan HC 515;
Scott Creek Track means the walking route identified as the Scott Creek Track on Allocation Plan HC 515;
Station Areas means the areas hatched with crossed lines (and coloured blue) on the Area Plan;
Transfer Value has the meaning given to it in clause 10.12.1;
10.1.2 Allocation Plan 513
For ease of reference, a map showing the land identified in Allocation Plans HC 514 and HC 515 and the surrounding country is attached to this Deed as Allocation Plan HC 513.
10.2 TRANSFER OF GIFT AREAS BY CROWN
The Crown will transfer the Gift Areas to Te Rünanga on the Completion Date on the terms set out in clause 10.12.
10.3 GIFT BACK OF GIFT AREAS
Te Rünanga wishes to transfer the Gift Areas back to the Crown by way of gift to the people of New Zealand. This will occur on the Completion Date (once the Crown has complied with its obligations under clause 10.2) and the terms of such gift shall be those set out in the Deed of Gift specified in Attachment 10.1.
10.4 TRANSFER OF STATION AREAS BY CROWN
The Crown will transfer the Station Areas to Te Rünanga on the Completion Date, subject to the covenants and easements specified in clause 10.5.1 and clause 10.5.2 and otherwise on the terms set out in clause 10.12.
10.5 COVENANTS AND EASEMENTS RELATING TO STATION AREAS
10.5.1 Covenants and Easements
The transfer of the Station Areas to Te Rünanga will be subject to the following covenants and easements:
(a) a Deed of Covenant relating to the Caples Valley Area in the form specified in Attachment 10.2;
(b) a Deed of Covenant relating to the Greenstone Valley Area in the form specified in Attachment 10.3;
(c) a Deed of Covenant relating to the Hillocks Kame Field in the form specified in Attachment 10.4;
(d) a Deed of Covenant relating to the protection of beech forest remnants in the form specified in Attachment 10.5;
(e) a Deed of Covenant relating to the fencing of the Routeburn Field area in the form specified in Attachment 10.6;
(f) an easement providing public access on foot over the Scott Creek Track into Scott Basin in the form specified in Attachment 10.7; and
(g) an easement providing public access on foot over those parts of the round trip walking track in the Lake Rere area which cross the Station Areas in the form specified in Attachment 10.8.
10.5.2 Execution of Covenants and Easements
Te Rünanga will execute the covenants and easements referred to in clause 10.5.1 and deliver them to the Crown at the same time as the delivery by the Crown to Te Rünanga of a registrable transfer of the Station Areas for the purposes of the settlement of the transfer to Te Rünanga of the Station Areas.
10.6 TRANSFER OF LEASEBACK CONSERVATION AREAS BY CROWN
The Crown will transfer the Leaseback Conservation Areas to Te Rünanga on the Completion Date on the terms set out in clause 10.12.
10.7 LEASEBACK OF LEASEBACK CONSERVATION AREAS
Immediately after the settlement of the transfer of the Leaseback Conservation Areas to Te Rünanga, Te Rünanga will lease the Leaseback Conservation Areas to the Crown in perpetuity as conservation areas. Such lease shall be in the form specified in Attachment 10.9.
10.8 GRAZING LICENCE OVER MARAROA VALLEY AREA AND HOME HILL AREA
The Crown will, immediately after the commencement of the lease referred to in clause 10.7, grant to Te Rünanga a grazing licence by way of a concession in respect of the Mararoa Valley Area and the Home Hill Area in the form specified in Attachment 10.10.
10.9 EASEMENTS AND LICENCE OVER CROWN LAND
10.9.1 Crown Easements
The Crown will, with effect from the Completion Date, grant to Te Rünanga easements over certain Crown land in the form specified in Attachment 10.11, Attachment 10.12 and Attachment 10.13.
10.9.2 Licence for Bridge
The Crown will, with effect from the Completion Date, grant to Te Rünanga a licence for the siting of the stock bridge for the Station Areas on certain Crown Land in the form specified in Attachment 10.14.
10.9.3 Licences for Jointly-Owned Bridges
The Crown will, with effect from the Completion Date, grant to the Crown and Te Rünanga as joint owners, licences for the siting of the stock bridges over the Greenstone River and over the Caples River, a half interest in which will be transferred to Te Rünanga on the Completion Date, on certain Crown Land in the form specified in Attachment 10.15 and Attachment 10.16 respectively.
10.9.4 Delivery of Crown Easements and Licences
The Crown will deliver the easements referred to in clause 10.9.1 in registrable form and the licences referred to in clause 10.9.2 and clause 10.9.3 at the same time as it delivers the registrable transfer referred to in clause 10.5.2.
10.10 CO-OPERATION AGREEMENT
Te Rünanga and the Crown will, on the Completion Date, enter into a Cooperation Agreement relating to the Station Areas, the Gift Areas and the Leaseback Conservation Areas in the form specified in Attachment 10.17.
10.11 OCCUPATION LICENCE - WHARF AREAS
The Crown will, with effect from the Completion Date, grant to Te Rünanga licences to occupy the Elfin Bay Area and the Greenstone Wharf Area in the form specified in Attachment 10.18 and Attachment 10.19 respectively.
10.12 PROVISIONS APPLYING TO TRANSFERS UNDER THIS SECTION
10.12.1 Transfer Value: Station Areas
The Transfer Value for the Station Areas will be the value determined using the methodology and in accordance with the process outlined in Attachment 6.3 (Valuation Methodology (Farm Assets)) taking into account, in addition to the matters specified in Attachment 6.3, the effect of the covenants and easements specified in clause 10.5.1 and clause 10.5.2, the easements referred to in clause 10.9, the grazing licence referred to in clause 10.8, the occupation licences referred to in clause 10.9 and clause 10.11 and the co-operation agreement referred to in clause 10.10 on the value of those areas.
10.12.2 Gift Areas and Leaseback Conservation Areas
The Gift Areas and the Leaseback Conservation Areas will be transferred to Te Rünanga without charge to Te Rünanga, in recognition of Te Rünanga’s intention to gift the Gift Areas back to the Crown and to lease the Leaseback Conservation Areas to the Crown.
10.12.3 Consideration
The consideration for the transfer of, respectively, the Station Areas, the Gift Areas and the Leaseback Conservation Areas will be:
(a) in respect of the Station Areas, the payment by Te Rünanga of the Transfer Value for the Station Areas; and
(b) in respect of the Gift Areas and the Leaseback Conservation Areas, Te RFCnanga’s intention to gift the Gift Areas back to the Crown and Te Rünanga’s agreement to lease the Leaseback Conservation Areas to the Crown.
10.12.4 Transfer Terms
Except as provided otherwise in this Section 10, the terms of transfer set out in Attachment 6.4 (Terms of Transfer (Farm Assets)) will apply, with all necessary modifications and subject to the variations set out in Attachment 10.20 to the transfer from the Crown to Te Rünanga of the Station Areas, the Gift Areas and the Leaseback Conservation Areas. The Crown shall bear the cost of registration of the transfer of the Gift Areas by Te Rünanga to the Crown pursuant to the Deed of Gift referred to in clause 10.3.
10.13 VALUATION OF STATION AREAS
Te Rünanga and the Crown agree that Attachment 6.3 will apply to the valuation of the Station Areas as if:
10.13.1 all references to “Landcorp” were to the Crown acting through the Office of Treaty Settlements (“OTS”) and the process described in Attachment 6.3 were between OTS and Te Rünanga only;
10.13.2 unless the context requires otherwise, all references to the Settlement Farms, Potential Settlement Farms, Disputed Farms, Adjustment Farms and Arbitrated Farms or to a Farm were to the Station Areas, treating the Station Areas as one Farm;
10.13.3 the date in paragraph 4.1 (initial inspection) and the cross reference to that date in paragraph 4.2 were the date nominated by OTS’s valuer by notice in writing to Te Rünanga, which date shall be no later than the date of expiration of 10 Business Days commencing on the date of this Deed and no earlier than 5 Business Days after the notice given by OTS’s valuer;
10.13.4 paragraphs 4.2, 4.3 and 4.4 did not apply;
10.13.5 the Valuation Presentation Date referred to in paragraph 6.1 (presentation of Crown’s valuation report) were the date of expiration of the period of 21 Business Days commencing on the date of this Deed;
10.13.6 the Initial Selection Date referred to in paragraph 6.3 (Te Rünanga’s response) were the date of expiration of the period of 21 Business Days commencing on the Valuation Presentation Date (as amended by clause 10.13.5);
10.13.7 the last sentence of paragraph 7.2 read:
“If Te Rünanga fails to give Te Rünanga’s Valuation Report by that date, Te Rünanga will be deemed to have given a notice under paragraph 6.4”;
10.13.8 the date in paragraph 7.3 (appointment of negotiators) were the Initial Selection Date (as amended by clause 10.13.6) or, if paragraph 7.2 applies, the date of expiration of 5 Business Days commencing on the Initial Selection Date (as amended by clause 10.13.6);
10.13.9 the date in paragraph 7.4 (date for statement of agreed value) were the date of expiration of the period of 30 Business Days commencing on the Initial Selection Date (as amended by clause 10.13.6);
10.13.10 the date in paragraph 7.7 (date for disclosure of new sales evidence) were the date of expiration of the period of 5 Business Days commencing on the Initial Selection Date (as amended by clause 10.13.6);
10.13.11 paragraphs 8.1 to 8.4 (inclusive) were replaced by the following paragraphs:
“8.1 Where determination of the Transfer Value is referred to an Arbitrator under paragraph 7.6, OTS shall, by no later than the date of expiration of the period of 5 Business Days commencing on the date referred to in paragraph 7.4 (as defined in clause 10.13.9) give notice to Te Rünanga nominating an Arbitrator, who shall be one of the panel of arbitrators appointed for the purposes of Section 6 unless such panel has not, at that time, been appointed, or the parties agree otherwise.
8.2 If Te Rünanga does not wish the person nominated by OTS to be the Arbitrator, Te Rünanga shall give notice to OTS of that fact, and in such notice shall nominate an alternative Arbitrator. Such notice shall be given within 3 Business Days after a notice was given by OTS under paragraph 8.1.
8.3 If OTS does not agree that the person nominated by Te Rünanga should be appointed as Arbitrator, and Te Rünanga and OTS cannot agree on an alternative within 3 Business Days after Te Rünanga’s notice has been given to OTS, then OTS shall request the President for the time being of the Institute of Valuers (or its successor) or his or her nominee to appoint the Arbitrator. OTS shall request that the President comply with the request within 5 Business Days of the date referred to in paragraph 8.2.
8.4 Once the Arbitrator has been appointed, OTS shall give notice to the Arbitrator that he or she is to determine the Market Value for the Station Areas in accordance with this paragraph.”;
10.13.12 the Arbitration Commencement Date referred to in paragraph 8.5 were the date of appointment of the Arbitrator under paragraph 8;
10.13.13 paragraph 10 did not apply;
10.13.14 the date in paragraph 10.1 were the expiration of the period of 20 Business Days commencing on the Legislation Date or the expiration of the period of 20 Business Days commencing on the date on which the Arbitrator gave notice of his or her determination of Market Value under paragraph 8.10, whichever is the later;
10.13.15 paragraph 10.2.1 applied as if the words “which was or may be carried out without Te Rünanga’s consent or” were deleted;
10.13.16 paragraphs 10.3 and 10.4 were replaced by the following paragraphs:
“10.3 No later than the Business Day after the expiration of the period of 5 Business Days commencing on the date referred to in paragraph 10.1, OTS’s valuer and Te Rünanga’s valuer must appoint jointly a person of the kind described in paragraph 10.1 to fulfil the role of expert under this paragraph 10.
10.4 If OTS’s valuer and Te Rünanga’s valuer have been unable to appoint jointly such person by the expiry of that 5 Business Day period, the President of the New Zealand Institute of Valuers (or his or her nominee), on the request of either party, shall appoint such a person within a further 5 Business Days.”;
10.13.17 the date in paragraph 10.5 were the date of expiration of the period of 15 Business Days commencing on the date referred to in paragraph 10.1 (as amended by clause 10.13.14);
10.13.18 the date referred to in paragraph 10.7 were the date of expiration of the period of 17 Business Days commencing on the date referred to in paragraph 10.1 (as amended by clause 10.13.14);
10.13.19 the period referred to in paragraphs 10.7 and 10.10 were the period of 27 Business Days commencing on the date referred to in paragraph 10.1 (as amended by clause 10.13.14); and
10.13.20 paragraph 11.4 did not apply.
10.14 PROVISIONS IN SETTLEMENT LEGISLATION APPLYING TO HIGH COUNTRY STATIONS
The Settlement Legislation will provide:
10.14.1 for all of the covenants referred to in clause 10.5.1 to be deemed to have been entered into pursuant to section 77 of the Reserves Act 1977 and for the easements referred to in clause 10.5.1 to be deemed to have been acquired by the Minister of Conservation pursuant to section 12 of the Reserves Act 1977;
10.14.2 that the covenants to provide public foot access to and over the Caples Valley Area and the Greenstone Valley Area as provided for in clause 2 of the Deeds of Covenant respectively referred to in clause 10.5.1(a) and clause 10.5.1(b) are legally effective and enforceable by the Crown;
10.14.3 that the Crown is entitled to transfer any property required to be transferred under this Section 10, to give effect to clause 6 of the Deed of Gift referred to in clause 10.3 and to lease back the Leaseback Conservation Areas on the basis outlined in clause 10.7 without compliance with the Land Act 1948 or any other statutory provisions governing the transfer of Crown land and the entry by the Crown into a lease of land;
10.14.4 that section 11 and Part X of the Resource Management Act 1991 will not apply to any action required under this Section 10;
10.14.5 for the Minister of Conservation to have management and control of the Leaseback Conservation Areas as conservation areas under section 7(2) of the Conservation Act 1987, subject to the lease referred to in clause 10.7 and for that lease to be enforceable in accordance with its terms;
10.14.6 for the Leaseback Conservation Areas to be deemed not to be rateable property for the purposes of the First Schedule to the Rating Powers Act 1988;
10.14.7 for any concessions and commercial activities in the Gift Areas and the Leaseback Conservation Areas to be permitted only if Te Rünanga’s consent is obtained, as provided for in clause 3 of the Co-operation Agreement referred to in clause 10.10 and for the Minister of Conservation to have the power to recover from applicants any fees payable to Te Rünanga for considering applications for consent for any such concessions or commercial activities;
10.14.8 that the Director-General of Conservation shall consult with, and have particular regard to the views of Te Rünanga in respect of the preparation of any Conservation Management Strategies or Conservation Management Plans that affect the Leaseback Conservation Areas and/or the Gift Areas;
10.14.9 that, unless Te Rünanga agrees otherwise, the terms of any Conservation Management Strategies or Conservation Management Plans that affect:
(a) the Leaseback Conservation Areas shall be consistent with the terms of leases of the Leaseback Conservation Areas; and
(b) the Gift Areas shall be consistent with the terms of the Deed of Gift referred to in clause 10.3;
10.14.10 for the ecological monitoring and review process outlined in the grazing licence set out in Attachment 10.10;
10.14.11 that the Minister of Conservation is empowered to grant the stock access easements referred to in clause 10.9.1 and such easements will be enforceable in accordance with their terms;
10.14.12 that the Minister of Conservation is empowered to grant the licences over the Elfin Bay Area and the Greenstone Wharf Area referred to in clause 10.11 and the licence over the area around McKellar Lodge referred to in Attachment 10.20 and such licences will be enforceable in accordance with their terms;
10.14.13 that the Minister of Conservation and the Commissioner of Crown Lands are empowered to grant the licences referred to in clause 10.9.2 and 10.9.3 and such licences will be enforceable in accordance with their terms;
10.14.14 for the closure of legal roads in the Mararoa Valley Area if the Southland District Council agrees to such closure;
10.14.15 that no gift duty will be payable by Te Rünanga in respect of the gift referred to in clause 10.3 or the granting of the lease referred to in clause 10.7;
10.14.16 for the revocation of the recreation reserve status of the Lake Rere reserve as it exists at the date of this Deed and the classification of the area shown on the Area Plan as the Lake Rere reserve as a recreation reserve with effect from the Completion Date; and
10.14.17 for the area of land between Lake McKellar and the Greenstone Valley Area which is currently administered by OTS to be a conservation area with effect from the Completion Date.
SECTION 10: HIGH COUNTRY STATIONS
10.2 TRANSFER OF GIFT AREAS BY CROWN
10.4 TRANSFER OF STATION AREAS BY CROWN
10.5 COVENANTS AND EASEMENTS RELATING TO STATION AREAS
10.6 TRANSFER OF LEASEBACK CONSERVATION AREAS BY CROWN
10.7 LEASEBACK OF
LEASEBACK CONSERVATION AREAS
10.8 GRAZING LICENCE OVER MARAROA VALLEY AREA AND HOME HILL AREA
10.9 EASEMENTS AND LICENCE OVER CROWN LAND
10.11 OCCUPATION LICENCE - WHARF AREAS
10.12 PROVISIONS APPLYING TO TRANSFERS UNDER THIS SECTION
10.13 VALUATION OF STATION AREAS
10.14 PROVISIONS IN SETTLEMENT LEGISLATION APPLYING TO HIGH COUNTRY STATIONS
ATTACHMENT
10.1 DEED OF GIFT
(Clause 10.3)
ATTACHMENT
10.2 DEED OF COVENANT RELATING TO CAPLES VALLEY AREA
(Clause 10.5.1(a))
ATTACHMENT
10.3 DEED OF COVENANT RELATING TO GREENSTONE VALLEY AREA
(Clause 10.5.1(b))
ATTACHMENT
10.4 DEED OF COVENANT RELATING TO
HILLOCKS KAME FIELD
(Clause 10.5.1(c))
ATTACHMENT
10.5 DEED OF COVENANT TO PROTECT BEECH FOREST REMNANTS
(Clause
10.5.1(d))
ATTACHMENT
10.6 DEED OF COVENANT RELATING TO THE FENCING OF THE ROUTEBURN FIELD AREA
(Clause 10.5.1(e))
ATTACHMENT
10.7 EASEMENT FOR PUBLIC ACCESS OVER
SCOTT CREEK TRACK
(Clause 10.5.1(f))
ATTACHMENT
10.8 EASEMENT FOR PUBLIC ACCESS TO
LAKE RERE
(Clause 10.5.1(g))
ATTACHMENT
10.9 LEASE OF LEASEBACK CONSERVATION
AREAS
(Clause 10.7)
ATTACHMENT
10.10 GRAZING LICENCE OVER MARAROA
VALLEY AREA AND HOME HILL AREA
(Clause 10.8)
ATTACHMENT
10.11 STOCK ACCESS EASEMENT - GREENSTONE TRACK
(Clause 10.9.1)
ATTACHMENT
10.12 STOCK ACCESS EASEMENT - CAPLES
SHEEP TRACK
(Clause 10.9.1)
ATTACHMENT
10.13 STOCK ACCESS EASEMENT - CARPARK/BRIDGE AREA
(Clause 10.9.1)
ATTACHMENT
10.14 LICENCE FOR LOWER GREENSTONE STOCK BRIDGE AND ABUTMENTS
(Clause 10.9.2)
ATTACHMENT
10.15 LICENCE FOR UPPER GREENSTONE STOCK BRIDGE AND ABUTMENTS
(Clause 10.9.3)
ATTACHMENT
10.16 LICENCE FOR CAPLES STOCK BRIDGE AND ABUTMENTS
(Clause 10.9.3)
ATTACHMENT
10.17 CO-OPERATION AGREEMENT
(Clause 10.10)
ATTACHMENT
10.18 OCCUPATION LICENCE - ELFIN BAY WHARF
(Clause 10.11)
ATTACHMENT
10.19 OCCUPATION LICENCE - GREENSTONE WHARF
(Clause 10.11)
ATTACHMENT
10.20 TERMS OF TRANSFER - VARIATIONS
(Clause 10.12.4)
