11.3 Land to be vested in te rünanga subject to protected private land agreements

11.3.1 Definitions

In this clause:

Huriawa means the land described in Attachment 11.18 and vested in Te Rünanga pursuant to clause 11.3.4;

South Bay/Kaikoura Peninsula means the land described in Attachment 11.16 and vested in Te Rünanga pursuant to clause 11.3.2;

Mäpoutahi means the land described in Attachment 11.19 and vested in Te Rünanga pursuant to clause 11.3.5;

Moturata means the land described in Attachment 11.17 and vested in Te Rünanga pursuant to clause 11.3.3;

Protected Land means Huriawa, South Bay/Kaikoura Peninsula, Mäpoutahi and Moturata.

11.3.2 South Bay/Kaikoura Peninsula

The Crown agrees that the Settlement Legislation will provide for:

(a)

the revocation of the Harbour Purpose reserve status of South Bay/Kaikoura Peninsula, notwithstanding sections 24 and 25 of the Reserves Act 1977;

(b)

subject to clauses 11.2.24 and 11.2.25 the vesting of the fee simple estate in South Bay/Kaikoura Peninsula in Te Rünanga pursuant to clause 11.2.30 and, subject to clause 11.3.6, for Kaikoura Peninsula to be declared to be protected private land under section 76 of the Reserves Act 1977; and

(c)

the District Land Registrar to be directed to note a memorial on the title of South Bay/Kaikoura Peninsula to record that South Bay/Kaikoura Peninsula is declared to be protected private land under section 76 of the Reserves Act 1977 and the date of the agreement entered into pursuant to clause 11.3.6(b).

11.3.3 Moturata

The Crown agrees that the Settlement Legislation will provide for:

(a)

the revocation of the scenic reserve status of Moturata, notwithstanding sections 24 and 25 of the Reserves Act 1977;

(b)

the vesting of the fee simple estate in Moturata in Te Rünanga without charge on the Settlement Date free from the requirement under Part IVA of the Conservation Act 1987 to reserve a marginal strip and, subject to clause 11.3.6, for Moturata to be declared to be protected private land under section 76 of the Reserves Act 1977; and

(c)

the District Land Registrar to be directed to note a memorial on the title of Moturata to record that Moturata is declared to be protected private land under section 76 of the Reserves Act 1977 and the date of the agreement entered into pursuant to clause 11.3.6(a).

11.3.4 Huriawa

The Crown agrees that the Settlement Legislation will provide for:

(a)

the revocation of the historic reserve status of Huriawa, notwithstanding sections 24 and 25 of the Reserves Act 1977;

(b)

the vesting of the fee simple estate in Huriawa in Te Rünanga without charge on the Settlement Date free from the requirement under Part IVA of the Conservation Act 1987 to reserve a marginal strip and, subject to clause 11.3.6, for Huriawa to be declared to be protected private land under section 76 of the Reserves Act 1977; and

(c)

the District Land Registrar to be directed to note a memorial on the title of Huriawa to record that Huriawa is declared to be protected private land under section 76 of the Reserves Act 1977 and the date of the agreement entered into pursuant to clause 11.3.6(a).

11.3.5 Mäpoutahi

The Crown agrees that the Settlement Legislation will provide for:

(a)

the revocation of the historic reserve status of Mäpoutahi, notwithstanding sections 24 and 25 of the Reserves Act 1977;

(b)

the vesting of the fee simple estate in Mäpoutahi in Te Rünanga without charge on the Settlement Date free from the requirement under Part IVA of the Conservation Act 1987 to reserve a marginal strip and, subject to clause 11.3.6, for Mäpoutahi to be declared to be protected private land under section 76 of the Reserves Act 1977; and

(c)

the District Land Registrar to be directed to note a memorial on the title of Mäpoutahi to record that Mäpoutahi is declared to be protected private land under section 76 of the Reserves Act 1977 and the date of the agreement entered into pursuant to clause 11.3.6(a).

11.3.6 Implementation

Te Rünanga and the Crown agree that:

(a)

Te Rünanga and the Minister of Conservation shall on the Settlement Date enter into agreements in the forms set out in Attachment 11.20 in respect of Huriawa, Mäpoutahi, and Moturata;

(b)

Te Rünanga and the Crown shall enter into an agreement in the form set out in Attachment 11.20 in respect of South Bay/Kaikoura, on the date on which it is vested in Te Rünanga pursuant to clause 11.2.30; and

(c)

within 21 Business Days after the Settlement Date, the Crown through the Minister of Conservation shall declare, by notice in the New Zealand Gazette, the Protected Land to be protected private land pursuant to section 76 of the Reserves Act 1977.

11.3.7 Discontinuance of Agreements

The Crown agrees that the Settlement Legislation will provide for the parties to be able to agree to discontinue any of the agreements entered into pursuant to clause 11.3.6(a) and (b) in which case the memorials required by clauses 11.3.2(c), 11.3.3(c), 11.3.4(c) and 11.3.5(c) will be removed from the title of the Protected Land.

11.4 te rünanga to administer Reserves

11.4.1 Te Rünanga to be Administering Body

The Crown agrees that the Settlement Legislation will provide for the definition of "Administering body" in section 2 of the Reserves Act 1977 to include Te Rünanga.

11.4.2 Appointment of Te Rünanga to Hold and Administer Kahutara

The Crown agrees that the Settlement Legislation will provide that Kahutara, as described in Attachment 11.21, will be vested in Te Rünanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as a Recreation Reserve subject to section 17 of that Act, and subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Attachment 11.21.

11.4.3 Appointment of Te Rünanga to Hold and Administer Ömihi/Goose Bay

The Crown agrees that the Settlement Legislation will provide that Ömihi/Goose Bay, as described in Attachment 11.22, will be vested in Te Rünanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as a Recreation Reserve subject to section 17 of that Act, and subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Attachment 11.22.

11.4.4 Appointment of Te Rünanga to Hold and Administer Öaro

The Crown agrees that the Settlement Legislation will provide that, subject to clauses 11.2.24 and 11.2.25, Öaro, as described in Attachment 11.23, will be vested in Te Rünanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as a Recreation Reserve subject to section 17 of that Act, and subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Attachment 11.23.

11.4.5 Creation of Historic Reserve at Ötükoro

The Crown agrees that the Settlement Legislation will provide that Ötükoro, as described in Attachment 11.24, will be deemed to be declared a reserve and classified, as if it were classified pursuant to section 16 of the Reserves Act 1977, as an Historic Reserve subject to section 18 of the Reserves Act 1977, and vested in Te Rünanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977.

11.4.6 Appointment of Te Rünanga to Hold and Administer Maerewhenua

The Crown agrees that the Settlement Legislation will provide that Maerewhenua, as described in Attachment 11.25, will be vested in Te Rünanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as an Historic Reserve subject to section 18 of that Act.

11.4.7 Appointment of Te Rünanga to Hold and Administer Takiroa

The Crown agrees that the Settlement Legislation will provide that Takiroa, as described in Attachment 11.26, will be vested in Te Rünanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as an Historic Reserve subject to section 18 of that Act.

11.4.8 Appointment of Te Rünanga to Hold and Administer Kätiki

The Crown agrees that the Settlement Legislation will provide that Kätiki, as described in Attachment 11.27, will be vested in Te Rünanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as an Historic Reserve subject to section 18 of that Act, and subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Attachment 11.27.

11.4.9 Appointment of Te Rünanga to Hold and Administer Önawe Pä

The Crown agrees that the Settlement Legislation will provide that Önawe Pä, as described in Attachment 11.28, will be vested in Te Rünanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, as an Historic Reserve subject to section 18 of that Act.

11.4.10 Creation of Reserve around Kopuwai

The Crown agrees that the Settlement Legislation will provide that, if the area described in Attachment 11.29, presently included in Pastoral Lease 386/69 (Otago Land Registry), is surrendered to the Crown to be held as a conservation area, it will be deemed to be declared a reserve and classified, as if it were classified pursuant to section 16 of the Reserves Act 1977, as an Historic Reserve subject to section 18 of the Reserves Act 1977, and vested in Te Rünanga as if vested pursuant to section 26 of the Reserves Act 1977, and subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Attachment 11.29, on the later of the Settlement Date or the Business Day following the date on which it is surrendered.Te Rünanga and the Crown agree that the rights of the lessee under that pastoral lease, in particular with respect to tenure review, shall not be affected in any way under this clause.

11.4.11 Creation of Historic Reserve at Kawarau Gorge

The Crown agrees that the Settlement Legislation will provide:

(a)

for the area described in Part A of Attachment 11.30 to be deemed to be declared a reserve and classified, as if it were classified pursuant to section 16 of the Reserves Act 1977, as an Historic Reserve subject to section 18 of the Reserves Act 1977 (so that it is no longer a marginal strip under section 24 of the Conservation Act 1987) prior to the vesting of the area in Te Rünanga on the later of the Settlement Date or the date on which a survey has been completed for that area (which date shall be no later than 12 months after the Settlement Date) as if vested pursuant to section 26 of the Reserves Act 1977, and subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Attachment 11.30; and

(b)

that, if the Central Otago District Council agrees, and subject to all statutory processes which may be applicable to the revocation of reserve status, for the reserve status of the area described in Part B of Attachment 11.30 to be revoked, and for that area to be deemed to be declared a reserve and classified, as if it were classified pursuant to section 16 of the Reserves Act 1977, as an Historic Reserve subject to section 18 of the Reserves Act 1977, and vested in Te Rünanga on the later of the Settlement Date or the date on which the original reserve status is revoked, as if vested pursuant to section 26 of the Reserves Act 1977, and subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Attachment 11.30.

11.4.11A Additional site at Kawarau Gorge

The Crown agrees that it will, through the Minister in Charge of Treaty of Waitangi Negotiations write to the Central Otago District Council requesting that it agree to these matters set out in clause 11.4.11(b). Te Rünanga acknowledges that the Central Otago District Council may at its discretion agree.

11.4.12 Appointment of Te Rünanga to Hold and Administer Waipapa Point

The Crown agrees that the Settlement Legislation will provide that, subject to clauses 11.2.24 and 11.2.25, Waipapa Point, as described in Attachment 11.31, will be vested in Te Rünanga 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, and subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Attachment 11.31.

11.4.13 Appointment of Te Rünanga to Hold and Administer Maranuku

The Crown agrees that the Settlement Legislation will provide that, subject to clauses 11.2.24 and 11.2.25, Maranuku, as described in Attachment 11.31A, will be vested in Te Rünanga 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.

11.4.14 Creation of Scenic Reserve at Moeraki Lake

The Crown agrees that the Settlement Legislation will provide, subject to clauses 11.2.24 and 11.2.25, 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 16 of the Reserves Act 1977, as a Scenic Reserve and vested in Te Rünanga 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.

11.4.15 Creation of New Reserve at Wairewa

The Crown agrees that the Settlement Legislation will provide:

(a)

for the revocation of the existing reserve or conservation status of the areas described in Part A of Attachment 11.31E on the Settlement Date;

(b)

that, subject to the inclusion of the roads described in clause 11.4.15(c) pursuant to that clause, for the areas described in Part A of Attachment 11.31E to be deemed to be declared a reserve and classified, as if classified pursuant to section 16 of the Reserves Act 1977, as an Historic Reserve subject to section 18 of that Act, and vested in Te Rünanga on the Settlement Date as if vested pursuant to section 26 of the Reserves Act 1977, and subject to the conditions and restrictions imposed pursuant to section 26(2) of that Act and set out in Part B of Attachment 11.31E;

(c)

that, if the Banks Peninsula District Council agrees, and subject to all applicable statutory processes, for the closure of the legal (but unformed) road in the areas referred to in clause 11.4.15(b) and shown on Allocation Plan MS 511 (SO Plan 19893) and the vesting of those roads in Te Rünanga on the date on which such roads are closed, as part of the Historic Reserve to be created pursuant to and on the terms set out in clause 11.4.15(b).

11.5 CHANGES OF NAME AND/OR CLASSIFICATION

11.5.1 Change of Name of Mount Cook National Park

The Crown agrees that the Settlement Legislation will provide for an amendment to section 6(1)(f) of the National Parks Act 1980, to change the name of Mount Cook National Park to "Aoraki/Mount Cook National Park".

11.5.2 Change of Name and Classification of Ömihi/Goose Bay Scenic Reserve

The Crown agrees that the Settlement Legislation will provide for:

(a)

the change of classification of the Ömihi/Goose Bay Scenic Reserve (as described in Attachment 11.32) to be deemed to have been changed pursuant to section 24 of the Reserves Act 1977 from its current status as a Scenic Reserve to an Historic Reserve subject to section 18 of that Act; and

(b)

the name of the Ömihi/Goose Bay Scenic Reserve to be deemed to have been changed to "Ö Tamakura Historic Reserve" pursuant to section 16(10) of the Reserves Act 1977.

11.5.3 Change of Name of Bluff Hill Scenic Reserve

The Crown agrees that the Settlement Legislation will provide for the name of the Bluff Hill Scenic Reserve (as described in Attachment 11.32) to be deemed to have been changed to "Motupöhue Scenic Reserve" pursuant to section 16(10) of the Reserves Act 1977.

11.5.4 Change of Name of Shag Point Recreation Reserve

The Crown agrees that the Settlement Legislation will provide for the name of the Shag Point Recreation Reserve (as described in Attachment 11.32) to be deemed to have been changed to "Matakaea Recreation Reserve" pursuant to section 16(10) of the Reserves Act 1977.

11.5.5 Change of Name of Maungaatua Scenic Reserve

The Crown agrees that the Settlement Legislation will provide for the name of the Maungaatua Scenic Reserve (as described in Attachment 11.32) to be deemed to have been changed to "Maukaatua Scenic Reserve" pursuant to section 16(10) of the Reserves Act 1977.

11.5.6 Change of Name of Castle Hill Conservation Area

The Crown agrees that the Settlement Legislation will provide for the name of the Castle Hill Conservation Area (as described in Attachment 11.32) to be deemed for the purposes of section 18(3) of the Conservation Act 1987 to be the "Kura Täwhiti Conservation Area".

11.5.7 Change of Name of Wilsher Bay Scenic Reserve

The Crown agrees that the Settlement Legislation will provide for the name of the Wilsher Bay Scenic Reserve (as described in Attachment 11.31A) to be deemed to have been changed to "Maranuku Scenic Reserve" pursuant to section 16(10) of the Reserves Act 1977.

11.5.8 Change of Name of Moeraki Lake Site

SECTION 11 - MAHINGA KAI TRANSFER AND VESTING OF PROPERTIES

11.1

DEFINITIONS AND INTERPRETATION

11.2

LAND TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

11.3

LAND TO BE VESTED IN TE RÜNANGA SUBJECT TO PROTECTED PRIVATE LAND AGREEMENTS

11.4

TE RÜNANGA TO ADMINISTER RESERVES

11.5

CHANGES OF NAME AND/OR CLASSIFICATION

11.6

VESTING OF BED OF TE WAIHORA

11.7

VESTING OF BED OF MURIWAI (COOPERS LAGOON)

11.8

VESTING OF BED OF LAKE MAHINÄPUA

11.9

LEASE OF TE WAIHORA SITES

ATTACHMENT 11.1

TUKU TUKU IWI TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.2

TE PARINUI O WHITI TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.3

WETLANDS PROPERTY TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.4

TE WAIOMÄKUA TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.5

GREENPARK HUTS TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.6

MOTUTAPU TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.7

ÖKEINA (OKAINS BAY) TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.8

SOUTH BAY - KAIKOURA TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.9

THE POINT - KAIKOURA TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.10

WHAKAMÄTAKIURU (ELLESMERE LANDING) RESERVE TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.11

LEASE OVER WHAKAMÄTAKIURU (ELLESMERE LANDING) RESERVE

ATTACHMENT 11.12

MATARIKI TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE

ATTACHMENT 11.13

VESTING OF TARAMEA (HOWELLS POINT)

ATTACHMENT 11.14

RESTRICTIONS, CONDITIONS AND ADMINISTRATIVE PROCESSES FOR THE ADMINISTRATION OF TARAMEA (HOWELLS POINT)

ATTACHMENT 11.15

VALUATION METHODOLOGY

ATTACHMENT 11.16

SOUTH BAY/KAIKOURA PENINSULA

ATTACHMENT 11.17

MOTURATA (TAIERI ISLAND)

ATTACHMENT 11.18

HURIAWA

ATTACHMENT 11.19

MAPOUTAHI PÄ

ATTACHMENT 11.20

PROTECTED PRIVATE LAND AGREEMENTS

ATTACHMENT 11.21

APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER KAHUTARA

ATTACHMENT 11.22

APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER ÖMIHI/GOOSE BAY

ATTACHMENT 11.23

APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER ÖARO

ATTACHMENT 11.24

CREATION OF HISTORIC RESERVE AT ÖTÜKORO

ATTACHMENT 11.25

APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER MAEREWHENUA

ATTACHMENT 11.26

APPPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER TAKIROA

ATTACHMENT 11.27

APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER KÄTIKI

ATTACHMENT 11.28

APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER ÖNAWE PÄ

ATTACHMENT 11.29

CREATION OF HISTORIC RESERVE AROUND KOPUWAI

ATTACHMENT 11.30

CREATION OF HISTORIC RESERVE AT KAWARAU GORGE

ATTACHMENT 11.31

APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER WAIPAPA POINT

ATTACHMENT 11.32

CHANGE OF NAMES/CLASSIFICATION

ATTACHMENT 11.33

TE WAIHORA (LAKE ELLESMERE)

ATTACHMENT 11.34

EASEMENT AGREEMENT, TE WAIHORA

ATTACHMENT 11.35

AREAS SUBJECT TO JOINT MANAGEMENT PLAN

ATTACHMENT 11.36

MAIMAI MANAGEMENT AGREEMENT TE WAIHORA

ATTACHMENT 11.37

MURIWAI (COOPERS LAGOON)

ATTACHMENT 11.38

MURIWAI (COOPERS LAGOON) DRAINAGE AND ACCESS EASEMENTS

ATTACHMENT 11.39

EASEMENT FOR ACCESS TO MURIWAI (COOPERS LAGOON)

ATTACHMENT 11.39

LAKE MAHINÄPUA

ATTACHMENT 11.40

FORM OF EASEMENT LAKE MAHINÄPUA

ATTACHMENT 11.41

LEASE OF PAKOAU TO TE RÜNANGA

ATTACHMENT 11.42

LEASE OF WAIKIRIKIRI TO TE RÜNANGA