ATTACHMENT 11.1

TUKU TUKU IWI to be vested in Te Rünanga in fee simple

(Clause 11.2.1)

Area	Description	Encumbrances
Tuku Tuku Iwi, Marlborough Land District	134.7603 hectares, more or less, being Section 5, Block [III] Hundalee Survey District, S.O. Plan 487, being an Historic Reserve pursuant to section 18 of the Reserves Act 1977 and [The New Zealand Gazette 1986, page 1499,] as shown in Deed Map MS 102.	[To be inserted as required following completion of due diligence]

ATTACHMENT 11.2

TE PARINUI O WHITI to be vested in Te Rünanga in fee simple

(Clause 11.2.2)

Area	Description	Encumbrances
Te Parinui o Whiti, Marlborough Land District	Area subject to survey being Crown Land [(S.O. 6637)] situated in Block III, Clifford Bay Survey District [(adjoining the eastern boundaries of Pt DP 299, CT 1D/1123 and Lot 1, DP 3473)] as shown in Deed Map MS 7. Subject to section 62 Conservation Act 1987 (conservation purposes).	Subject to covenants to protect the conservation values and any rare plants on the site and public access covenant along coastal strip in the form set out in Attachment 11.2A. [Other Encumbrances to be inserted as required following completion of due diligence]

ATTACHMENT 11.2A

DEED OF COVENANT

(Section 77 Reserves Act 1977)

Te Parinui o Whiti (White Cliffs)

THIS DEED made the          day of                             199

BETWEEN

(1)

TE RÜNANGA O NGÄI TAHU (the Landholder)

(2)

THE MINISTER OF CONSERVATION (the Minister)

WHEREAS

A

The Landholder and the Crown are parties to a Deed of Settlement dated [              ].

B

Pursuant to the Deed of Settlement, the Crown agreed to transfer to the Landholder certain land including the Land, such transfer to be subject to a Deed of Covenant being entered into between the Landholder and the Minister which recognises that certain measures are necessary to protect the agreed conservation values defined in this agreement.

C

Under section [      ] of the Ngäi Tahu Claims Settlement Act 1997, this covenant is deemed to have been entered into by the Minister pursuant to section 77 of the Reserves Act 1977, and therefore binds all future owners of the Land.

NOW THEREFORE, the parties, in accordance with section 77 of the Reserves Act 1977, agree as follows:

1

DEFINITIONS AND INTERPRETATION

1.1

In this Deed unless the context otherwise requires:

Act means the Reserves Act 1977;

Coastal Strip Area means "the strip of land 20 metres wide extending along and abutting the landward margin of any foreshore";

Conservation Values means those values contained in the area of coastal dry cliff and shrubland communities, including the populations of local endemic plants such as Senecio Hauwai;

Crown means Her Majesty the Queen in right of New Zealand;

Land means the land described in Schedule 1.

1.2

In the interpretation of this Deed, unless the context otherwise requires:

1.2.1

headings appear as a matter of convenience and are not to affect the interpretation of this Deed;

1.2.2

the singular includes the plural and vice versa, and words importing one gender include the other genders;

1.2.3

a reference to an enactment or any regulations is a reference to that enactment or those regulations as amended, or to any enactment or regulations substituted for that enactment or those regulations but this provision shall be read subject to clause 1.3;

1.2.4

a reference to a party to this Deed or any other document or agreement includes that party's successor, heirs, executors and assigns in perpetuity;

1.2.5

a reference to the Minister includes any officer or duly authorised agent of the Minister;

1.2.6

the Landholder shall not be personally liable in damages for any breach of agreement committed, after he/she/it has parted with all interest in the Land if such a breach occurs;

1.2.7

where there is more than one owner of the Land, this Deed binds them both jointly and severally;

1.2.8

where the Landholder is a company, the covenants contained in this Deed shall bind a receiver, liquidator, statutory manager or statutory receiver. Where the Landholder is a natural person, this Deed shall bind the official assignee. In either case, this Deed binds a mortgagee in possession.

1.3

The parties agree that the rule of interpretation referred to in clause 1.2.3 is intended only to facilitate interpretation of this Deed in circumstances where legislative changes make statutory references in this Deed obsolete. It is not intended to indicate, and should not be interpreted as indicating, any consent by the Landholder to, or acquiescence by the Landholder in, the introduction to Parliament by the Crown of any proposed statutory amendment which would adversely affect the redress provided by the Crown pursuant to the Deed of Settlement referred to in Recital A or the ability of either party to fulfil its obligations expressed in this Deed or in that Deed of Settlement.

2

PROTECTION OF CONSERVATION VALUES

2.1

In order to protect the Conservation Values, the Landholder agrees with the Minister that the Landholder will not carry out, or allow to be carried out, without the prior consent of the Minister:

(a)

Any removal of native plants, shrubs, or trees;

(b)

Any burning, chemical spraying, topdressing or the sowing of exotic seed;

(c)

Any significant cultivation, earthworks or other soil disturbance; or

(d)

Any planting of trees or shrubs which are not indigenous.

The Minister's consent will not be unreasonably withheld.

2.2

In order to protect the Conservation Values, the Landholder agrees, as far as reasonably practicable, to keep the Land:

(a)

free of gorse, broom, old man's beard, nodding thistle and other plant pests;

(b)

free from rabbits, possums, goats, and other animal pests; or

(c)

free from rubbish or other unsightly or offensive material.

3

REGISTRATION OF COVENANT

3.1

The Minister will cause a notification of this covenant to be recorded against the title to the Land in the manner provided for in section 77 of the Reserves Act 1977, as soon as reasonably practicable after the execution of this Deed. The intention of recording the covenant against the title in this way is to bind future owners and to allow for the application of sections 93-105 of the Reserves Act 1977.

4

ACCESS FOR MINISTER

4.1

The Landholder grants the Minister a right of access onto the Land for the purpose of:

(i)

examining and recording the condition of the Land;

(ii)

carrying out work for the protection and/or enhancement of the Conservation Values, including plantings of dryland Marlborough endemic plants where appropriate; or

(iii)

erecting, at his cost, any fencing necessary for the protection of the Conservation Values.

In exercising this right of access, the Minister must obtain the prior consent of the Landholder and take all reasonable steps to minimise disruption to the Landholder's operations on the Land. The Landholder agrees not to unreasonably withhold or delay consent. Nothing in this clause requires the Minister to carry out any such work.

5

PUBLIC ACCESS

5.1

The Landowner agrees that the public will be allowed access along and over the Coastal Strip Area. Public access on to and over the remainder of the Land may be allowed with the consent of the Landowner for purposes consistent with this Deed and the Landowner agrees not to unreasonably withhold consent.

6

INDEMNITY

The Minister agrees to indemnify the Landholder from and against all actions, claims, demands, losses, damages, costs and expenses for which the Landholder shall become liable arising from loss or damage to the property of, or death or injury to, any person on any part of the Land in accordance with the right of access given under clause 5.1 unless such loss, damage, death or injury is caused or contributed to by any act, omission, neglect or breach of this Deed of Covenant on the part of the Landowner or any employee, contractor or agent of the Landowner.

7

NOTICES

7.1

Any notice required to be given to either party under this Deed will be sufficiently given if in writing and served as provided in section 152 of the Property Law Act 1952 and shall be sufficiently given if sent by post or delivered to the residential address of the Landholder or the Landholder's solicitor. In the case of the Minister, the notice will be sufficiently given if it is sent by post or delivered to the office for the time being of the Conservator, Department of Conservation, Nelson/Marlborough Conservancy.

8

DISPUTE RESOLUTION

8.1

Any dispute which arises between the Landholder and the Minister in any way relating to this agreement may be resolved by referring the dispute to an agreed third party for decision or by arbitration under the provisions of the Arbitration Act 1996.

SCHEDULE 1

Area subject to survey being Crown Land (S.O. 6637) situated in Block III Clifford Bay Survey District. (Adjoining the eastern boundaries of Part DP 299 (CT 1D/1123) and Lot 1 DP 3473). Subject to Section 62 of the Conservation Act 1987 (Conservation Purposes).

ATTESTATION AND EXECUTION

ATTACHMENT 11.3

Wetlands property to be vested in Te Rünanga in fee simple

(Clause 11.2.4)

Area	Description	Encumbrances
As described in clause 13.12	As described in clause 13.12	[To be inserted: possible covenant]

ATTACHMENT 11.4

te waiomäkua to be vested in Te Rünanga in fee simple

(Clause 11.2.6)

Area	Description	Encumbrances
Te Waiomäkua, Canterbury Land District	17 hectares approximately, subject to survey, more or less, being Part Reserve 682 (S.O. 4448) situated in [Blocks II and VI Ellesmere Survey District] contained in Part Canterbury Gazette 1867 page 4, as shown in Deed Map MS 254.	Subject to existing leases [details?] [Other Encumbrances to be inserted as required following completion of due diligence]

ATTACHMENT 11.5

GREENPARK HUTS TO BE VESTED in Te Rünanga in fee simple

(Clause 11.2.6)

Area	Description	Encumbrances
Greenpark Huts, Canterbury Land District	(a) 2796 square metres, more or less, being Part Reserve 959 [(S.O. 6526)] and (b) 6165 square metres, more or less, being Part Reserve 959 [(S.O. 6526)] and (c) 7530 square metres, more or less, being Part Reserve 959 [(S.O. 6526)] All situated in [Block XIV Halswell Survey District] being land at Greenpark Huts adjoining Ayres Street and Woodward Street. All subject to survey, as shown in Deed Map MS 256.	Subject to existing leases. [Other encumbrances to be inserted as required following completion of due diligence]

ATTACHMENT 11.6

MOTUTAPU to be vested in Te Rünanga in fee simple

(Clause 11.2.7)

Area	Description	Encumbrances
Motutapu, Westland Land District	5.0000 hectares (subject to survey), being Part Bed of Grey River (Motutapu Islands), [situated in Block X], Mawheranui Survey District, as shown in Deed Map MS 18.	Easement for water pipe, and well if required, in favour of Grey District Council. [Other Encumbrances to be inserted as required following completion of due diligence]

ATTACHMENT 11.7

ÖKEINA (Okains bay) to be vested in Te Rünanga in fee simple

(Clause 11.2.8)

Area	Description	Encumbrances
Ökeina (Okains Bay)	22.9545 hectares being Reserves 3734 (S.O. 9731), 3753 [(S.O. 4818)], 4440 (S.O. 9731) and 5044 (S.O. 9731), Rural Section 41018 (S.O. 14853), Section 1 (S.O. 17388), all situated in [Block IV, Okains Bay Survey District] and set apart for Recreation Reserve as contained in New Zealand Gazette 1991 page 760, as shown in Deed Map MS 257.	Subject to vesting in Banks Peninsula District Council as if it were a Recreation Reserve under section 38 Reserves Act: refer to clause 11.2.10. [Also other Encumbrances to be inserted as required following completion of due diligence]

ATTACHMENT 11.8

south bay - KAIKOURA to be vested in Te Rünanga in fee simple

(Clause 11.2.10)

Area	Description	Encumbrances
South Bay Kaikoura, Marlborough Land District	6.1400 hectares, more or less, Lot 4, DP 6280, [situated in Block X Mount Fyffe Survey District] as shown in Deed Map A 106/1.	Subject to the Deed of Exchange dated 20 December 1982 between Melville Arthur Syme of Kaikoura, Farmer, Errol Lawson Little of Christchurch, Company Director, Peter Warwick Cook Prosser of Rangiora, Chartered Accountant, David Osborne Crerar of Rangiora, Solicitor as Trustees for the Melville Syme Family Trust and Ian Balfour Mitchell, Commissioner of Crown Lands for the Land District of Marlborough acting for and on behalf of Her Majesty the Queen.

ATTACHMENT 11.9

THE POINT - KAIKOURA to be vested in Te Rünanga in fee simple

(Clause 11.2.11)

Area	Description	Encumbrances
The Point Kaikoura, Marlborough Land District	1.2754 hectares, more or less, Lot 5, DP 6280, [situated in Block X Mount Fyffe Survey District S.O. Plan 303] as shown in Deed Map A 494. [Harbour Purposes Reserve Section 15 Reserves and Other Lands Disposal Act 1896]	Subject to the Deed of Exchange, dated 20 December 1982 between Melville Arthur Syme of Kaikoura, Farmer, Errol Lawson Little of Christchurch, Company Director, Peter Warwick Cook Prosser of Rangiora, Chartered Accountant, David Osborne Crerar of Rangiora, Solicitor as Trustees for the Melville Syme Family Trust and Ian Balfour Mitchell, Commissioner of Crown Lands for the Land District of Marlborough acting for and on behalf of Her Majesty the Queen.

ATTACHMENT 11.10

Whakamätakiuru (ellesmere landing) reserve to be vested in Te Rünanga in fee simple

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