11.6 vesting of BED OF TE WAIHORA

11.6.1 Definitions

In this clause:

Bed of Te Waihora means such land as is in Crown ownership, much of it beneath the variable body of water known as Te Waihora or Lake Ellesmere described in Attachment 11.33 and the boundaries of which:

(a)

are generally shown by a continuous black line in Allocation Plan MS 33 (SO Plan 19835);

(b)

where legal public roads are shown on that Allocation Map as bordering the lake edge, consist of the edge of those roads nearest to the lake;

but which exclude:

(c)

the land at, and extending from, the mouth of the Selwyn River and shown in cross-hatching on Allocation Map MS 33/2 (SO Plan 19835), excluded so as to provide legal access to the Bed of Te Waihora;

(d)

subject to clause 11.6.2A, the Selwyn Delta River Protection Reserve which is vested in the Canterbury Regional Council; and

(e)

Greenpark Sands;

Greenpark Sands means the area known as Greenpark Sands shown in single line hatching in Allocation Plan MS 33 (SO Plan 19835);

Joint Management Plan means the management plan to be prepared by Te Rünanga and the Crown pursuant to clause 11.6.19;

Mahinga Kai means, for the purposes of the Joint Management Plan, the customary gathering of food and natural materials and the places where those resources are gathered;

Order means any Enforcement Order made under section 319 of the Resource Management Act 1991, Interim Enforcement Order made under section 320 of that Act, Abatement Notice which is required to be complied with under section 323 of that Act or any order of any Court;

Secretary of Te Rünanga has the meaning set out in the Charter, and includes any persons to whom the functions of the Secretary of Te Rünanga have properly been delegated.

Selwyn Delta River Protection Reserve means the Reserve as shown on Allocation Plan MS 33 (SO Plan 19835);

11.6.2 Crown to Vest Fee Simple Title in Te Rünanga

The Crown agrees that the Settlement Legislation will provide for the revocation of the conservation status of the Bed of Te Waihora (notwithstanding sections 18(7), 18(8) and 26 of the Conservation Act and section 11 and Part X of the Resource Management Act 1991) and the vesting in Te Rünanga on the Settlement Date of an estate in fee simple in the Bed of Te Waihora on the terms set out in this clause 11.6.

11.6.2A Vesting of River Protection Reserve

The Crown agrees the Settlement Legislation will provide that:

(a)

if the Canterbury Regional Council agrees, and subject to any processes, statutory or otherwise, which the Canterbury Regional Council considers in its discretion are necessary or desirable, the reserve status of the Selwyn Delta River Protection Reserve will be revoked, and that Reserve will be vested in Te Rünanga in fee simple on the later of the Settlement Date or 5 Business Days after the date upon which the Canterbury Regional Council agrees that Reserve may be so vested;

(b)

the Settlement Legislation will provide that if the Canterbury Regional Council agrees that the Selwyn Delta River Protection Reserve will be vested in Te Rünanga pursuant to clause 11.6.2A(a), it will be deemed to be included in the definition of the "Bed of Te Waihora" for the purposes of this clause 11.6, and all of the terms of vesting and ownership of the Bed of Te Waihora set out in this clause 11.6 shall apply to the vesting in and ownership of the Selwyn Delta River Protection Reserve by Te Rünanga;

11.6.3 Title Extends to Bed Only

The Crown agrees that the Settlement Legislation will provide that ownership of the Bed of Te Waihora shall not of itself confer upon Te Rünanga any rights or obligations of ownership, management or control of the waters of Te Waihora or of the aquatic life (other than plants attached to the Bed) of Te Waihora, or of any structures attached to or in the Bed of Te Waihora and listed in Part B of Attachment 11.33.

11.6.4 Part IVA Conservation Act 1987

The Crown agrees that the Settlement Legislation will provide that Part IVA of the Conservation Act 1987 shall not apply to the vesting of the Bed of Te Waihora in Te Rünanga pursuant to this clause 11.6.

11.6.5 Easements and Licences in Respect of Channel to the Sea

Te Rünanga and the Crown agree that the vesting of fee simple in the Bed of Te Waihora in Te Rünanga shall be subject to the granting of an easement over the Bed of Te Waihora to enable the Canterbury Regional Council (or other holder for the time being of an appropriate resource consent) to open and close a channel from Te Waihora to the sea in compliance with the National Water Conservation (Lake Ellesmere) Order 1990 (SR 1990/155), in the form annexed as Attachment 11.34.

11.6.6 Issue of Certificates of Title

The Crown agrees that the Settlement Legislation will provide for the issue to Te Rünanga of a certificate of title under the Land Transfer Act 1952 to the estate in fee simple so vested, subject to all disclosed registrable encumbrances or other agreed matters required to be noted on the title, as soon as reasonably practicable after the Settlement Date but in any event no later than 2 years thereafter (or such other date as may be agreed by Te Rünanga and the Crown). The Crown will pay all survey and registration costs incurred in order to vest the Bed of Te Waihora in Te Rünanga pursuant to this clause 11.6, including costs relating to the survey of the easement described in clause 11.6.5.

11.6.7 Existing Public Access and Use

The Crown agrees that the Settlement Legislation will provide that all existing lawful rights of public access to and of recreational use and enjoyment affecting the Bed of Te Waihora (not including the use of Maimais) shall remain unaffected by the vesting of title to the Bed of Te Waihora in Te Rünanga, for as long as, and to the extent that, such rights otherwise remain lawful.

11.6.8 Indemnities relating to lakebed

The Crown will indemnify Te Rünanga:

(a)

from and against all actions, claims, demands, losses, damages, costs and expenses for which Te Rünanga 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 Bed of Te Waihora in accordance with the rights of access and recreational use and enjoyment referred to in clause 11.6.7 unless such loss, damage, death or injury is caused or contributed to by any act, omission, neglect or breach of this clause 11.6 on the part of Te Rünanga or any employee, contractor or agent of Te Rünanga; and

(b)

in the event that Te Rünanga is required by any Order to remove from any part of the bed of Te Waihora or otherwise clean up any hazardous substances or debris which is located in, on or under the bed of Te Waihora and which is reasonably attributable to the past use by the Crown of parts of the bed of Te Waihora as an air weapons range and an army firing range, then:

(i)

the Crown will, subject to clauses 11.6.8(b)(ii) to (iv), indemnify Te Rünanga against reasonable costs and expenses incurred by Te Rünanga in undertaking that removal or clean up;

(ii)

as soon as reasonably practicable after Te Rünanga is served with an Order, Te Rünanga shall give notice to the Crown, giving details of the work which Te Rünanga is required to undertake and indicating that a claim under the indemnity set out in this clause 11.6.9(b) will be made. The Crown may, by notice given to Te Rünanga not later than 10 Business Days after the notice given to the Crown by Te Rünanga, request that Te Rünanga takes such steps as are open to it and are specified in the notice to contest the Order (which may include exercising any rights of appeal or rights to be heard) and, subject to the Crown indemnifying Te Rünanga against the costs and expenses of doing so, Te Rünanga shall comply with any such reasonable request and shall notify the Crown of the outcome;

(iii)

if the Crown does not give a notice under clause 11.6.8(b)(ii), or it does give such a notice and, notwithstanding compliance with that notice by Te Rünanga, an Order of the kind described in this clause 11.6.8(b) continues in force, then the Crown may, by notice given to Te Rünanga not later than 20 Business Days after the date of the notice given by Te Rünanga of the Order or the outcome of the steps taken by Te Rünanga under clause 11.6.8(b)(ii) (as the case may be), elect to undertake the removal or clean up itself instead of indemnifying Te Rünanga under clause 11.6.8(b)(i). If the Crown does not elect, or is not lawfully permitted, to undertake the clean up or removal, or does elect to do so but fails to do so, then, subject to clause 11.6.8(b)(iv), the Crown shall indemnify Te Rünanga under clause 11.6.8(b)(i); and

(iv)

prior to incurring any costs and expenses in undertaking the removal or clean up, Te Rünanga shall obtain the approval of the Crown as to the proposed method of removal or clean up and the amount of such costs and expenses, which approval shall not be unreasonably withheld, and shall not be withheld if the proposed method is a requirement of the Order.

11.6.9 Existing Lawful Commercial Use and Structures

The Crown agrees that the Settlement Legislation will provide that the existing lawful commercial uses affecting the Bed of Te Waihora and all rights of ownership, use and occupation of the existing structures in or upon the Bed of Te Waihora described in Parts A and B of Attachment 11.34 shall continue in effect for as long as and to the extent that such rights otherwise remain lawful.

11.6.10 Condition of Bed of Te Waihora

Te Rünanga and the Crown agree that:

(a)

the Bed of Te Waihora will be vested in its state and condition as at the date of this Deed; and

(b)

without limiting clauses 16.1.2, 17.3.1 and 17.3.2 but subject to clause 11.6.8(b) and 20.4.7(c) Te Rünanga will have no future recourse or action against the Crown, nor will it seek future recompense from the Crown in relation to the Bed of Te Waihora.

11.6.11 Crown to Maintain Condition

The Crown agrees that between the date of this Deed and the Settlement Date it will maintain and administer the Bed of Te Waihora in substantially the same condition as at the date of this Deed (subject to events beyond the control of the Crown) and in accordance with its existing management and administration of the Bed of Te Waihora.

11.6.12 Registration of Interests on Title

The Crown agrees that the Settlement Legislation will provide for a direction to the District Land Registrar to record the matters intended to be protected by clauses 11.6.5, 11.6.7 and 11.6.9 on the Certificate of Title as matters to which the fee simple estate is subject (as well as the existence of the Joint Management Plan, as amended or reviewed from time to time) and that those matters shall be deemed to amount to interests within the meaning of section 62 of the Land Transfer Act 1952, and be capable of registration under the Land Transfer Act 1952 (to the extent that they do not already amount to such interests).

11.6.13 Maimais

The Crown agrees that :

(a)

the Settlement Legislation will provide that, subject to clause 11.6.13(b), the continued use of Maimais on the Bed of Te Waihora and other properties owned by Te Rünangashall be at the discretion of Te Rünanga;

(b)

Te Rünanga and the Crown acknowledge and confirm that they have entered into an agreement dated 23 September 1997 with the North Canterbury Fish and Game Council for the use, control and management by the North Canterbury Fish and Game Council of Maimais on the Bed of Te Waihora and other areas, as shown in Attachment 11.36; and

(c)

the Settlement Legislation will provide that the Minister of Conversation and the North Canterbury Fish and Game Council are empowered to enter into the agreement described in clause 11.6.13(b) and that the North Canterbury Fish and Game Council may lawfully undertake and perform the rights, duties and obligations to which it has agreed.

11.6.14 Statutory Adviser

The Crown agrees that the Settlement Legislation will provide that the land administered by the Department of Conservation from time to time described in clauses 11.6.15(b) and (c) and subject to the joint management plan shall be Sites for the purposes of clause 12.4.

11.6.15 Joint Management Plan

The Crown agrees that the Settlement Legislation will provide that the Minister of Conservation shall have the power to agree with the owners of the areas described in clauses 11.6.15(a), (d) and (e) that a joint management plan be prepared for the integrated management of some or all of the areas specified in clauses 11.6.15(a) to (e) and the natural and historic resources within those areas, for such purposes and pursuant to such processes as they may agree from time to time, including processes for review and amendment. The specified areas are:

(a)

the Bed of Te Waihora and Te Waiomäkua (as described in Attachment 11.4);

(b)

the areas described in Attachment 11.35 as long as they are held, managed or administered under the Conservation Act 1987 or the statutes listed in the First Schedule to the Conservation Act 1987;

(c)

any areas within 500 metres of the bed of Te Waihora (or as otherwise agreed by the Minister of Conservation and Te Rünanga) which may subsequently be acquired, managed or administered under the Conservation Act 1987 or the statutes listed in the First Schedule to the Conservation Act 1987 (excluding any such areas held and managed under those Acts by Fish and Game Councils) for so long as they are so held, managed, or administered;

(d)

any further associated areas which may by agreement with the owners of those areas be included in the area covered by the management plan; and

(e)

such other areas as may be agreed by Te Rünanga and the Crown.

11.6.16 Application of Section 17A of the Conservation Act 1987

The Crown agrees that the Settlement Legislation will provide that, the provisions of sections 17A(b), 17W(7) and 17W(8) of the Conservation Act 1987 shall apply with respect to the areas described in clauses 11.6.15(b) and (c) as if the reference to "conservation management plans" in those sections was a reference to a joint management plan, or, if a joint management plan is not prepared and approved for those areas, a reference to a conservation management plan.

11.6.17 Non-Derogation From Legislation and Other Matters

The Crown agrees that the Settlement Legislation will provide that nothing in a joint management plan shall derogate from:

(a)

with respect to the areas described in clauses 11.6.15(b) and (c) any provision in, or policy approved under, the Conservation Act 1987, or the statutes listed in the First Schedule to the Conservation Act 1987, or any provision in the relevant conservation management strategy;

(b)

with respect to the area described in clause 11.6.15(a), any relevant iwi management plan approved by Te Rünanga which relates to that area; and

(c)

with respect to all of the areas covered by a joint management plan, any other legislation, including the Settlement Legislation.

11.6.18 Effect of Joint Management Plan

The Crown agrees that the Settlement Legislation will provide that:

(a)

a joint management plan shall have effect on and from the date specified in that joint management plan;

(b)

a joint management plan shall not of itself restrict or affect the exercise of any legal right or power by any person other than the Minister or Director-General, who shall each have the same obligations in respect of a joint management plan as they would have in respect of a conservation management plan under the Conservation Act 1987, or the owner of the land covered by the joint management plan;

(c)

any purposes and processes which the Minister of Conservation may agree pursuant to clause 11.6.15 shall be binding upon the Minister of Conservation and the Director-General; and

(d)

if the Minister of Conservation and the owners of the areas described in clauses 11.6.15(a), (d) and (e) agree to amend the purposes of and processes for preparation of a joint management plan pursuant to clause 11.6.15, the Minister of Conservation shall notify any such amended agreement in the New Zealand Gazette, for the purpose of public information.

11.6.19 Process for Preparation of Joint Management Plan

Te Rünanga and the Crown agree that a Joint Management Plan in respect of the areas described in clause 11.6.15 will be prepared and approved pursuant to the following process and with the following purposes:

(a)

the purposes of the Joint Management Plan will be to establish detailed objectives:

(i)

for the integrated management of natural and historic resources within the areas covered by the plan for Mahinga Kai and conservation purposes and for the purposes for which the areas described in clauses 11.6.15(b) and (c) are held, including recreation purposes (where appropriate) to the extent, with respect to the areas described in clauses 11.6.15(b) and (c), that Mahinga Kai purposes are consistent with the purposes for which that land is held;

(ii)

where this can be accommodated consistent with clause 11.6.19(a)(i), for the management of the areas covered by the plan for tourism purposes;

(iii)

where this can be accommodated consistent with clause 11.6.19(a)(i), to recognise the national and international significance of Te Waihora; and

(iv)

to identify any adverse effects of public access or recreational use and enjoyment upon the Mahinga Kai and conservation values of the bed of Te Waihora and to recommend to the Minister of Conservation the making of bylaws to prohibit or regulate such public access or recreational use and enjoyment;

(b)

the Joint Management Plan shall be prepared by the Secretary of Te Rünanga and the Director-General;

(c)

when preparing the Joint Management Plan, the Secretary of Te Rünanga and the Director-General shall have regard to any relevant concessions for the time being in force and to existing freshwater fisheries management plans and sports fish and game management plans under the Conservation Act 1987 and the agreement described in clause 11.6.13(b);

(d)

before preparing the Joint Management Plan the Secretary of Te Rünanga and the Director-General shall:

(i)

give notice of their intention to do so to the North Canterbury Conservation Board, the appropriate Papatipu Rünanga (through Te Rünanga), the North Canterbury Fish and Game Council, the Canterbury Regional Council, the Selwyn District Council, the Banks Peninsula District Council and such other persons or organisations as the Secretary of Te Rünanga and the Director-General may agree are appropriate and practicable; and

(ii)

in that notice, invite those persons and organisations referred to in clause 11.6.19(d)(i) to send to the Secretary of Te Rünanga and/or the Director-General written suggestions on the proposed plan, within a time specified in the notice, including identification of issues which, in their view, should be addressed by the Joint Management Plan and (where relevant) how those issues relate to their respective functions;

(e)

in preparing the Joint Management Plan, the Secretary of Te Rünanga and the Director-General will give full consideration to any comments received from the persons and organisations referred to in clause 11.6.19(d)(i), insofar as such comments are consistent with the purposes of the Joint Management Plan described in clause 11.6.19(a);

(f)

in the preparation of the Joint Management Plan, the Secretary of Te Rünanga and the Director-General may each consult such other persons as they consider appropriate, and lodge submissions on the outcome of such consultation by the date specified pursuant to clause 11.6.19(h)(ii);

(g)

the draft Joint Management Plan shall be prepared by the Secretary of Te Rünanga and the Director-General and, within 5 years from the Settlement Date, shall be notified by publishing a notice in a daily newspaper or newspapers circulating in the area where Te Waihora is situated, and in any other manner that either the Secretary of Te Rünanga or the Director-General may think appropriate;

(h)

the notice of the draft Joint Management Plan given pursuant to clause 11.6.19(g) shall:

(i)

state that the draft Joint Management Plan is available for inspection at the places and times specified in the notice; and

(ii)

call upon persons or organisations interested to lodge with the Secretary of Te Rünanga and the Director-General submissions on the draft Joint Management Plan at the place and before the date specified in the notice, being a date not less than 40 Business Days after the date of the publication of the notice;

(i)

the Secretary of Te Rünanga and the Director-General shall also give notice in writing, including a copy of the draft plan, to each of the persons and organisations referred to in clause 11.6.19(d)(i), inviting those persons and organisations to comment on the draft plan by lodging with the Secretary of Te Rünanga or the Director-General a written submission before the date specified in the notice, being a date not less than 40 Business Days after the date of giving of the notice;

(j)

any person or organisation may make written submissions to the Secretary of Te Rünanga and the Director-General on the draft Joint Management Plan at the place and before the date specified in the notice given pursuant to clause 11.6.19(g);

(k)

from the date of the notice of the draft Joint Management Plan, the draft Joint Management Plan shall be made available for public inspection during ordinary business hours at the offices of Te Rünanga and the Department of Conservation, and in such other places and quantities as may be agreed by the Secretary of Te Rünanga and the Director-General so as to facilitate public participation in the development of the Joint Management Plan;

(l)

the Secretary of Te Rünanga and the Director-General shall give every person who, in making any submissions on the draft Joint Management Plan, asked to be heard in support of his or her or its submissions, a reasonable opportunity of appearing before a joint meeting of representatives of the Secretary of Te Rünanga and the Director-General;

(m)

the representatives of the Secretary of Te Rünanga and the Director-General appointed to hear submissions in accordance with clause 11.6.19(l) shall determine their own procedure at the hearing or hearings;

(n)

the Secretary of Te Rünanga and the Director-General shall prepare a summary of the submissions received on the draft Joint Management Plan and a statement as to the extent to which they have been allowed or accepted or disallowed or not accepted and shall attach that summary and statement to the plan submitted to Te Rünanga and the Minister of Conservation in accordance with clause 11.6.19(o); and

(o)

the draft Joint Management Plan shall be submitted to the Minister of Conservation and Te Rünanga no later than 6 years after the Settlement Date for final approval and agreement.

11.6.20 Review and Amendment of Joint Management Plan

Te Rünanga and the Crown agree that the Joint Management Plan may be reviewed and amended as follows:

(a)

the Secretary of Te Rünanga and the Director-General may at any time agree to initiate a review and/or amendment of the Joint Management Plan, or any part of the Joint Management Plan (provided that the agreement of either party shall not unreasonably be withheld);

(b)

every review of the Joint Management Plan, and, except as provided in clause 11.6.20(d), every amendment of the Joint Management Plan under this clause shall be carried out and approved in accordance with the provisions of clause 11.6.19, which shall apply with any necessary modifications;

(c)

the following provisions shall also apply in relation to a review under this clause:

(i)

the Joint Management Plan may be reviewed in whole or in part;

(ii)

the Joint Management Plan shall be reviewed as a whole by the Secretary of Te Rünanga and the Director-General not later than 10 years after the date of its approval pursuant to clause 11.6.19 and every 10 years thereafter; and

(iii)

Te Rünanga and the Minister of Conservation may by agreement extend that period of review; and

(d)

where the proposed amendment is of such a nature that the Secretary of Te Rünanga and the Director-General agree that it will not materially affect the objectives or policies expressed in the plan, then the amendment may be made without the need for compliance with the provisions of clause 11.6.19 (except that the amendment must still be submitted for the approval of the Minister of Conservation and Te Rünanga).

11.6.21 Cost of Plan

Te Rünanga and the Crown shall each bear their own costs of preparation and implementation of the Joint Management Plan, and to the extent that Te Rünanga and the Crown agree to contract third parties to undertake any role in the preparation or implementation of the Joint Management Plan, shall bear the cost of contracting such parties equally, unless otherwise agreed.

11.6.22 Time for Preparation and Submission of Plan

Te Rünanga and the Crown agree that the time periods specified in clause 11.6.19(g) and (o) for notification and submission for approval of the Joint Management Plan may be extended by agreement between Te Rünanga and the Minister of Conservation.

11.6.23 Resolution of Disputes

Te Rünanga and the Crown agree that the following provisions shall apply to any dispute between them arising out of the preparation or implementation of the Joint Management Plan (other than approval of the Joint Management Plan by Te Rünanga and the Minister of Conservation pursuant to clause 11.6.19(o)):

(a)

Te Rünanga and the Crown acknowledge and agree that they wish to minimise and promptly settle any disputes which may arise. Accordingly each of them shall make active efforts in good faith to resolve any dispute which may arise;

(b)

if the dispute is not resolved within 20 Business Days after the dispute arises (or such longer period as the parties might agree) then either party may give written notice to the other and Te Rünanga and the Crown must then agree upon a process for resolving the dispute, including, but not limited to, further negotiations, mediation, or independent expert determination. Agreement on a process must include agreement on:

(i)

the procedure and timetable for the conduct of the dispute resolution process; and

(ii)

a procedure for selection and compensation of any person employed by both of the parties to resolve the dispute;

(c)

if Te Rünanga and the Crown cannot agree on a dispute resolution process within 10 Business Days (or such longer period as the parties might agree) after either party gives such written notice under clause 11.6.23(b), or using such a process fail to settle the dispute within 25 Business Days after that date (or such longer period as the parties might agree) then the parties agree to refer the dispute to arbitration under the Arbitration Act 1996. The arbitration shall be conducted by one arbitrator appointed by the parties, if they can agree upon one, or failing agreement, one arbitrator to be appointed by the President for the time being of the Arbitrators' Institute of New Zealand. Te Rünanga and the Crown agree to be bound by the award in the arbitration;

(d)

Te Rünanga and the Crown shall bear the costs of such dispute resolution equally, unless otherwise agreed; and

(e)

pending resolution of the dispute, Te Rünanga and the Crown shall continue as far as practicable with the preparation and implementation of other aspects of the Joint Management Plan.

11.6.24 Disputes on Joint Management Plan Not to Affect Deed

Te Rünanga and the Crown acknowledge and agree that any dispute between them arising out of the preparation or implementation of the Joint Management Plan shall not invalidate or constitute a breach by either party of this Deed.

11.6.25 Recording of Joint Management Plan in Settlement Legislation

The Crown agrees that the Settlement Legislation will provide that:

(a)

the agreement of Te Rünanga and the Crown to prepare the Joint Management Plan pursuant to clause 11.6.19 will be deemed to be an agreement between Te Rünanga and the Minister of Conservation of the kind empowered by the Settlement Legislation under clause 11.6.15 and that the terms of that agreement, as set out in clauses 11.6.19 to 11.6.23 inclusive, will be quoted in a schedule to the Settlement Legislation as a matter of record only; and

(b)

quoting the terms of that agreement in a schedule to the Settlement Legislation shall not have the effect of giving the agreement any greater force or effect than it has as an agreement entered into pursuant to the empowering provisions contained in clause 11.6.15.

11.6.26 Power to Make Bylaws

The Crown agrees that the Settlement Legislation will provide:

(a)

that the Minister of Conservation may, from time to time after the date on which the approved Joint Management Plan has come into effect, upon the recommendation of Te Rünanga and upon being satisfied that such recommendation is contained in the Joint Management Plan and has been subject to the public process for the Joint Management Plan, make bylaws to prohibit or regulate public access to or recreational use and enjoyment of the Bed of Te Waihora to protect it from any adverse effects to the Mahinga Kai or conservation values of the Bed of Te Waihora caused by such public access or recreational use and enjoyment, and in particular:

(i)

to exclude, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the Bed of Te Waihora either permanently or temporarily;

(ii)

to provide for the form of any public notice and the manner in which it shall be advertised;

(iii)

to prescribe the forms and conditions of public access to, or recreational and enjoyment of, the Bed of Te Waihora; and

(iv)

to prohibit or regulate any vehicles or boats using, or aircraft landing on or taking off from, the Bed of Te Waihora; and

(b)

confirmation that, for the purposes of enforcing the bylaws, Te Rünanga shall be an occupier of the Bed of Te Waihora under the Trespass Act 1980.

11.6.27 Greenpark Sands

(a)

The Crown confirms that Greenpark Sands is currently managed by the Crown as a conservation area for conservation purposes under the Conservation Act 1987 and the Crown intends to continue managing it as such and has no intention of revoking that status in the foreseeable future.

(b)

Te Rünanga confirms that the powers of the Minister of Conservation at any time to change the protected status of Greenpark Sands to another status under the Conservation Act 1987 or any of the Acts listed in the First Schedule to the Conservation Act 1987 are unaffected by this Deed.

11.6.28 Crown Undertaking in Relation to Greenpark Sands

The Crown agrees that, subject to sections 26, 18(7), and 18(8) of the Conservation Act 1987, if the Minister of Conservation is satisfied in his or her complete discretion at any time that the whole or any part of Greenpark Sands should no longer be held for the purposes of the Conservation Act 1987 or any of the statutes listed in the First Schedule to the Conservation Act 1987, the Crown will offer to vest in Te Rünanga without charge the fee simple title to that part of Greenpark Sands, on the terms set out in this clause 11.6 (except as to timing and section 40 of the Public Works Act 1981, if applicable) and subject to such other reasonable conditions and restrictions as the Minister of Conservation may determine. Te Rünanga agrees that it will notify the Crown in writing within 25 Business Days after receiving such an offer whether or not it intends to accept the ownership of Greenpark Sands.

11.6.29 Right of First Refusal

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