11.7 VESTING OF BED OF MURIWAI (COOPERS LAGOON)
11.7.1 Definitions
In this clause:
Bed of Muriwai (Coopers Lagoon) means the land:
(a)
- described as Canterbury Land District, Selwyn District Council, and containing 85.0 hectares, approximately, being part of Rural Section 39775 (S.O. Plan 11298). Part New Zealand Gazette 1985, page 4926. Subject to survey as shown in Allocation Plan MS 219 (S.O. Plan 19866); but
(b)
- subject to redefinition of the southern boundary frontage to the Taumutu-Rakaia Road (not formed) which by reason of progressive coastal erosion may now be found to be under the sea and to retention by the Crown of the land presently comprising the coastal gravel bank.
11.7.2 Crown to Vest Fee Simple Title in Te Rünanga
The Crown agrees that the Settlement Legislation will provide (notwithstanding sections 24 and 25 of the Reserves Act 1977 and section 11 and Part X of the Resource Management Act 1991) for the revocation of the reserve status of the Bed of Muriwai (Coopers Lagoon) and for the vesting in Te Rünanga on the Settlement Date of an estate in fee simple in the Bed of Muriwai (Coopers Lagoon) on the terms set out in this clause 11.7.
11.7.3 Title Extends to Bed Only
The Crown agrees that the Settlement Legislation will provide that ownership of the Bed of Muriwai (Coopers Lagoon) shall not of itself confer upon Te Rünanga any rights or obligations of ownership, management or control of the waters of Muriwai (Coopers Lagoon) or of the aquatic life (other than plants attached to the Bed) of Muriwai (Coopers Lagoon), or of any structures attached to or in the bed of Muriwai (Coopers Lagoon) and listed in Part B of Attachment 11.37.
11.7.4 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 Muriwai (Coopers Lagoon) pursuant to this clause 11.7.
11.7.5 Easements and Licences in Respect of Statutory Functions
Te Rünanga and the Crown agree that the vesting of the fee simple estate in the Bed of Muriwai (Coopers Lagoon) in Te Rünanga shall be subject to the granting of easements and licences over the Bed of Muriwai (Coopers Lagoon) to enable the Selwyn District Council (or its statutory successor) to fulfil its statutory functions of clearing drains, of maintaining a channel through the lagoon and a piped culvert to the sea, of clearing the culvert of gravel, and of extending the culvert to accommodate movement of the coastal gravel bank occasioned by weather or by erosion, in the form annexed in Attachment 11.38.
11.7.6 Issue of Certificate 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).
11.7.7 Existing Public Access and Use
The Crown agrees that the Settlement Legislation will provide:
(a)
- that all existing lawful rights of public access to, and of recreational use and enjoyment affecting, the Bed of Muriwai (Coopers Lagoon) (not including use of Maimais) shall remain unaffected by the vesting of title to the Bed of Muriwai (Coopers Lagoon) in Te Rünanga, for as, long as and to the extent that, such rights otherwise remain lawful;
(b)
- that subject to clause 11.7.7(f), the Minister of Conservation may from time to time, upon the recommendation of Te Rünanga and subject to clause 11.7.7(d) and to being satisfied that:
(i)
- public access to, or recreational use and enjoyment of, the Bed of Muriwai (Coopers Lagoon) is having an adverse effect on the conservation values of the Bed of Muriwai (Coopers Lagoon); and
(ii)
- in order to protect such conservation values, public access to, or recreational use and enjoyment of, the Bed of Muriwai (Coopers Lagoon) should be prohibited or regulated,
make bylaws to prohibit or regulate public access to, or recreational use and enjoyment of, the Bed of Muriwai (Coopers Lagoon) to protect it from the adverse effects to the conservation values of the Bed of Muriwai (Coopers Lagoon);
(c)
- that subject to clause 11.7.7(f), pursuant to and without limiting clause 11.7.7(b) the Minister of Conservation may make bylaws:
(i)
- to exclude, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the Bed of Muriwai (Coopers Lagoon), 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 use and enjoyment of, the Bed of Muriwai (Coopers Lagoon);
(iv)
- to prohibit or regulate any vehicles or boats using or aircraft landing on or taking off from the Bed of Muriwai (Coopers Lagoon);
(d)
- that before making such bylaws:
(i)
- the Minister of Conservation shall consult with 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, and such other persons or organisations as the Minister of Conservation and Te Rünanga may agree are appropriate and practicable;
(ii)
- the draft bylaws shall be notified by publishing a notice in a daily newspaper or newspapers circulating in the area where the Bed of Muriwai (Coopers Lagoon) is situated, inviting submissions on the draft bylaws;
(iii)
- the draft bylaws may also be notified in such other manner as the Minister of Conservation and Te Rünanga may consider appropriate; and
(iv)
- the Minister of Conservation shall consider any submissions received on the draft bylaws;
(e)
- confirmation that, for the purposes of enforcing the bylaws, Te Rünanga shall be an occupier under the Trespass Act 1980; and
(f)
- that if Te Rünanga and the Crown agree pursuant to clause 11.6.15(e) that the Bed of Muriwai (Coopers Lagoon) is to be an area managed under the Joint Management Plan (as defined in clause 11.6.1) the provisions of clause 11.6.26 shall apply to the Bed of Muriwai (Coopers Lagoon) in place of clauses 11.7.7(b) to (e), for so long as it is so managed.
11.7.8 Indemnity Relating to Lakebed
The Crown will indemnify Te Rünanga 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 Muriwai (Coopers Lagoon) in accordance with the rights of access and recreational use and enjoyment referred to in clause 11.7.7 unless such loss, damage, death or injury is caused or contributed to by any act, omission, neglect or breach of this clause 11.7 on the part of Te Rünanga or any employee, contractor or agent of Te Rünanga.
11.7.9 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 Muriwai (Coopers Lagoon) and all rights of ownership, use and occupation of the existing structures in or upon the Bed of Muriwai (Coopers Lagoon) described in Attachment 11.37 shall continue in effect, for so long as and to the extent that such rights otherwise remain lawful.
11.7.10 Condition of Bed of Muriwai (Coopers Lagoon)
Te Rünanga and the Crown agree that:
(a)
- the Bed of Muriwai (Coopers Lagoon) 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 or 17.3.2 but subject to clause 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 Muriwai (Coopers Lagoon).
11.7.11 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 Muriwai (Coopers Lagoon) 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 Muriwai (Coopers Lagoon).
11.7.12 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 11.7.5, 11.7.7, and 11.7.9 on the Certificate of Title as matters to which the fee simple estate is subject, 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).
11.7.13 Maimais
The Crown agrees that the Settlement Legislation will provide that:
(a)
- subject to clause 11.7.13(b), existing levels of use in respect of Maimais on the Bed of Muriwai (Coopers Lagoon) shall continue unimpeded and without charge during a period of 5 years from date of vesting. After that date the continued use of Maimais on the Bed of Muriwai (Coopers Lagoon) shall be at the discretion of Te Rünanga; and
(b)
- if Te Rünanga, the Crown and the North Canterbury Fish and Game Council agree that the Bed of Muriwai (Coopers Lagoon) is to be covered by the agreement referred to in clause 11.6.13(b), then the provisions of clause 11.6.13 shall apply to the Bed of Muriwai (Coopers Lagoon) in place of clause 11.7.13(a), for so long as it is covered by that agreement.
11.7.14 Legal Access
The Crown agrees that if at any time no legal access is available to the Bed of Muriwai (Coopers Lagoon) the Crown will either:
(a)
- grant an easement in favour of Te Rünanga to provide legal access to the Bed of Muriwai (Coopers Lagoon), in the form set out in Attachment 11.38 if the Crown is able to purchase land at a reasonable cost in order to do so; or
(b)
- endeavour to obtain a registrable access easement on behalf of Te Rünanga from one of the owners of the land surrounding the Bed of Muriwai (Coopers Lagoon), if it is able to do so at a reasonable cost.
11.7.15 Acknowledgement by Te Rünanga
Te Rünanga acknowledges and accepts that the Crown may not be able to provide legal access to the Bed of Muriwai (Coopers Lagoon) as provided in clause 11.7.14.
11.8 VESTING OF BED OF LAKE MAHINÄPUA
11.8.1 Definitions
In this clause:
Bed of Lake Mahinäpua means the land beneath the body of water known as Lake Mahinäpua described as Westland Land District, Westland District Council, comprising 400.0 hectaresapproximately, being Part Section 2, S.O. Plan 12011, subject to the Land Act 1948, together with an access easement to be granted in favour of Te Rünanga pursuant to clause 11.8.14 over Part Reserve 1933 (Recreation Reserve Part New Zealand Gazette 1979 page 1396). Subject to survey as shown in Allocation Plan MS 19 (S.O. Plan 12505).
11.8.2 Crown to Vest Fee Simple Title in Te Rünanga
The Crown agrees that the Settlement Legislation will provide, notwithstanding any other enactment, for the vesting in Te Rünanga on the Settlement Date of an estate in fee simple in the Bed of Lake Mahinäpua on the terms set out in this clause 11.8.
11.8.3 Title Extends to Bed Only
The Crown agrees that the Settlement Legislation will provide that ownership of the Bed of Lake Mahinäpua shall not of itself confer upon Te Rünanga any rights or obligations of ownership, management or control of the waters of Lake Mahinäpua or of the aquatic life (other than plants attached to the Bed) of Lake Mahinäpua, or of any structures attached to or in the Bed of Lake Mahinäpua and listed in Part B of Attachment 11.39.
11.8.4 Part IVA Conservation Act 1987
Te Rünanga and the Crown acknowledge that Part IVA of the Conservation Act 1987 does not apply to the vesting of the Bed of Lake Mahinäpua pursuant to this clause 11.8.
11.8.5 Issue of Certificate 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 12 months thereafter (or such other date as may be agreed by Te Rünanga and the Crown).
11.8.6 Existing Public Access and Use
The Crown agrees that the Settlement Legislation will provide:
(a)
- that all existing lawful rights of public access to, and of recreational use and enjoyment affecting, the Bed of Lake Mahinäpua (not including the use of Maimais) shall remain unaffected by vesting of title to the Bed of Lake Mahinäpua in Te Rünanga, for as long as and to the extent that such rights otherwise remain lawful;
(b)
- that the Minister of Conservation may from time to time, upon the recommendation of Te Rünanga and subject to clause 11.8.6(d) and to being satisfied that:
(i)
- public access to, or recreational use and enjoyment of, the Bed of Lake Mahinäpua is having an adverse effect on the conservation values, including wähi tapu values, of the Bed of Lake Mahinäpua; and
(ii)
- in order to protect such conservation values, public access to or recreational use and enjoyment of, the Bed of Lake Mahinäpua should be prohibited or regulated,
make bylaws to prohibit or regulate public access to or recreational use and enjoyment of the Bed of Lake Mahinäpua to protect it from the adverse effects to such conservation values of the Bed of Lake Mahinäpua;
(c)
- that pursuant to and without limiting clause 11.8.6(b) the Minister of Conservation may make bylaws:
(i)
- to exclude, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the Bed of Lake Mahinäpua, 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 use and enjoyment of, the Bed of Lake Mahinäpua; and
(iv)
- to prohibit or regulate any vehicles or boats using, or aircraft landing on or taking off from, the Bed of Lake Mahinäpua;
(d)
- that before making such bylaws:
(i)
- the Minister of Conservation shall consult with the West Coast Conservation Board, the appropriate Papatipu Rünanga (through Te Rünanga), the West Coast Fish and Game Council, the West Coast Regional Council, the Westland District Council, and such other persons or organisations as the Minister of Conservation and Te Rünanga may agree are appropriate and practicable;
(ii)
- the draft bylaws shall be notified by publishing a notice in a daily newspaper or newspapers circulating in the area where Lake Mahinäpua is situated, inviting submissions on the draft bylaws;
(iii)
- the draft bylaws may also be notified in such other manner as the Minister of Conservation and Te Rünanga may consider appropriate; and
(iv)
- the Minister of Conservation shall consider any submissions received on the draft bylaws; and
(e)
- confirmation that, for the purposes of enforcing the bylaws, Te Rünanga shall be an occupier under the Trespass Act 1980.
11.8.7 Indemnity Relating to Lakebed
The Crown will indemnify Te Rünanga 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 Lake Mahinäpua in accordance with the rights of access referred to in clause 11.8.6 unless such loss, damage, death or injury is caused or contributed to by any act, omission, neglect or breach of this clause 11.8 on the part of Te Rünanga or any employee, contractor or agent of Te Rünanga.
11.8.8 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 Lake Mahinäpua and all rights of ownership, use and occupation of the existing structures in or upon the Bed of Lake Mahinäpua described in Attachment 11.39 shall continue in effect, for so long as and to the extent that such rights remain lawful.
11.8.9 Condition of Bed of Lake Mahinäpua
Te Rünanga and the Crown agree that:
(a)
- the Bed of Lake Mahinäpua 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 or 17.3.2, but subject to clause 20.4.7(c), Te Rünanga will have no future recourse or action against the Crown, nor will seek future recompense from the Crown in relation to the Bed of Lake Mahinäpua.
11.8.10 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 Lake Mahinäpua 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 Lake Mahinäpua.
11.8.11 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 11.8.6 and 11.8.8 on the Certificate of Title as matters to which the fee simple estate is subject, 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).
11.8.12 Maimais
The Crown agrees that the Settlement Legislation will provide that existing levels of use in respect of Maimais on the Bed of Lake Mahinäpua shall continue unimpeded and without charge during a period of 5 years from date of vesting, unless otherwise agreed by Te Rünanga and the West Coast Fish and Game Council. After that date the continued use of Maimais on the Bed of Lake Mahinäpua shall be at the discretion of Te Rünanga.
11.8.13 Statutory Adviser
The Crown agrees that the Settlement Legislation will provide that the following areas shall be sites for the purposes of clause 12.4:
(a)
- the areas described in Part D of Attachment 11.39 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; and
(b)
- any areas within 500 metres of the Bed of Lake Mahinäpua (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, managed or administered under those Acts by Fish and Game Councils) as long as they are so held, managed or administered.
11.8.14 Legal Access to Bed of Lake Mahinäpua
The Crown agrees that the Settlement Legislation will provide that on the Settlement Date, or as soon as reasonably practicable thereafter, it will grant an easement in the form set out in Attachment 11.40 in favour of Te Rünanga over the recreation reserve land adjacent to the Bed of Lake Mahinäpua to provide legal access to the Bed of Lake Mahinäpua, notwithstanding section 59A of the Reserves Act 1977 and Part IIIB of the Conservation Act 1987.
11.9 LEASE OF TE WAIHORA SITES
11.9.1 Grant of Leases
The Crown agrees that the Settlement Legislation will provide:
(a)
- for the Crown to grant leases to Te Rünanga of Pakoau (as described in Attachment 11.41) and Waikirikiri (as described in Attachment 11.42);
(b)
- for such leases to be deemed to be concessions granted under and in compliance with Part IIIB of the Conservation Act 1997, on the terms and conditions set out in Attachments 11.41 and 11.42 respectively; and
(c)
- for the avoidance of doubt, that section 11 and Part X of the Resource Management Act 1991 will not apply to the grant of the leases referred to in clause 11.9.1(a).
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
