ATTACHMENT 11.20
PROTECTED PRIVATE LAND AGREEMENTS
(Clause 11.3.6)
[Attachment comprises [*] pages]
PROTECTED PRIVATE LAND AGREEMENT
(Section 77 Reserve Act 1977)
South Bay/Kaikoura Peninsula
[To be confirmed]
THIS DEED made the day of
BETWEEN TE RÜNANGA O NGAI TAHU [hereafter called Te Rünanga]
And THE MINISTER OF CONSERVATION [hereinafter called the Minister]
WHEREAS
A.
- The Crown was registered as proprietor of the Land.
B.
- Te Rünanga and the Crown are parties to the Deed of Settlement dated theday of 1997 pursuant to which the Crown provided certain redress to Te Rünanga in settlement of its Treaty of Waitangi claims.
C.
- As part of that redress the Crown agreed to transfer to Te Rünanga certain land including the Land.
NOW THEREFORE THIS DEED WITNESSES that in accordance with section 76 of the Reserves Act 1977 Te Rünanga and the Minister MUTUALLY AGREE:
1.
- DEFINITIONS AND INTERPRETATIONS
1.1
- In this Deed unless the context otherwise requires:
"Crown" means Her Majesty the Queen in right of New Zealand
"Land" means [Legal description of land]
"The Act" means the Reserves Act 1977
[More may be necessary depending upon detail]
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
- 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 amended or to any enactment or Regulation 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 of Agreement includes the parties successors heirs and assigns in perpetuity and in the case of Te Rünanga means its successor in law.
1.2.5
- A reference to the Minister includes any officer or duly authorised agent of the Minister.
1.2.6
- A reference to Te Rünanga includes any receiver, liquidator, statutory manager or assignee in bankruptcy of Te Rünanga or any lessee or mortgagee in possession of the Land or any part of it.
1.2.7
- Te Rünanga shall not be personally liable in damages for any breach of agreement committed after it has parted with all interest in the Land if such breach occurs.
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 Te Rünanga to, or acquiescence by Te Rünanga 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 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.
- PURPOSES OF PROTECTION
2.1
- Te Rünanga and the Minister agree that the Land has the following values which are to be protected:
(a)
- cultural values, including wähi tapu and mahinga kai;
(b)
- natural environment values;
(c)
- indigenous flora and fauna values; and
(d)
- landscape values.
3.
- RESTRICTION ON USE OF LAND
3.1
- Te Rünanga agrees, to achieve the objectives and purposes set out in clause 2.1, that Te Rünanga will not, without the consent of the Minister, or as part of an agreed programme referred to in clause 4.1:
(a)
- remove or damage any indigenous vegetation, disturb the soil or undertake earthworks unless for the purpose of retrieving or reburying koiwi tangata;
(b)
- construct tracks on the Land;
(c)
- erect any buildings or structures on the Land; or
(d)
- carry out any planting on the Land.
4.
- MANAGEMENT OBLIGATIONS
4.1
- The Minister and Te Rünanga agree that the Land will be managed in accordance with a programme to be agreed between the parties.
4.2
- The Minister shall be responsible for all costs relating to fencing, track maintenance, pest and weed destruction and for the payment of any rates.
4.3
- The implementation of the programme referred to in clause 4.1 will be subject to the terms of Schedule 1 of this Deed.
5.
- FREE PUBLIC ACCESS
5.1
- Te Rünanga agrees with the Minister that:
(a)
- Te Rünanga will at all times allow the public to have such free access as is appropriate, given the wähi tapu status of the site, across, onto or through all parts of the Land for the purposes set out in clause 2.1;
(b)
- such access shall, unless Te Rünanga expressly permits otherwise, be limited to access on foot;
(c)
- Te Rünanga and the Minister may agree to close access to, and use of, the Land or any part of the Land only for reasons relating to safety of the public or for the protection of the Land, its vegetation, wildlife, stock, buildings, plants, equipment and related items; and
(d)
- the Minister shall at all times maintain any structures or tracks to enable the public to gain access onto and across the Land.
5.2
- The costs arising out of the closure of the Land including the costs of any notification of closure to the public shall be borne by the party requiring closure.
6.
- INDEMNITY
6.1
- The Minister agrees to 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 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 Te Rünanga or any employee, contractor or agent of Te Rünanga.
7.
- ENFORCEMENT AGAINST THIRD PARTIES
7.1
- Te Rünanga agrees that subject to the terms of this Deed the provisions of sections 93 - 105 of the Act shall apply to the Land as if the Land were a public reserve.
8.
- MUTUAL OBLIGATIONS
8.1
- Each of the parties hereby undertakes, when called upon, to do forthwith all such acts, matters and things and to endeavour promptly to obtain all necessary consents and to execute all such documents as are required to deposit the plan of the Land.
8.2
- Where any consent permission or other authorisation is required by statute or otherwise to carry out any obligation in either clause 4.1 or 5.1 the party responsible for that obligation shall obtain at that party's expense such consent permission or other authorisation.
8.3
- Any notice required to be given to Te Rünanga in terms of this Deed shall be sufficiently given if made 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 Te Rünanga or Te Rünanga's solicitor.
8.4
- Any consent, authorisation, approval or notice required to be given by the Minister shall be sufficiently given if it is signed by the Conservator, Department of Conservation [ ]. Any notice required to be served upon the Minister shall be sufficiently served if delivered to the office for the time being of the Conservator, Department of Conservation [ ].
8.5
- Any dispute which arises between Te Rünanga 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.
EXECUTION AND ATTESTATION BY PARTIES
PROTECTED PRIVATE LAND AGREEMENT
(Section 77 Reserve Act 1977)
Moturata
[To be confirmed]
THIS DEED made the day of
BETWEEN TE RÜNANGA O NGÄI TAHU [hereafter called Te Rünanga]
And THE MINISTER OF CONSERVATION [hereinafter called the Minister]
WHEREAS
- A.
- Te Rünanga was registered as proprietor of the Land.
B.
- Te Rünanga and the Crown are parties to the Deed of Settlement dated theday of 1997 pursuant to which the Crown provided certain redress to Te Rünanga in settlement of its Treaty of Waitangi claims.
C.
- As part of that redress the Crown agreed to transfer to Te Rünanga certain land including the Land.
NOW THEREFORE THIS DEED WITNESSES that in accordance with section 76 of the Reserves Act 1977 Te Rünanga and the Minister MUTUALLY AGREE:
1.
- DEFINITIONS AND INTERPRETATIONS
1.1
- In this Deed unless the context otherwise requires:
"Crown" means Her Majesty the Queen in right of New Zealand
"Land" means [Legal description of land]
"The Act" means the Reserves Act 1977
[More may be necessary depending upon detail]
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
- 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 amended or to any enactment or Regulation 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 of Agreement includes the parties successors heirs and assigns in perpetuity and in the case of Te Rünanga means its successor in law.
1.2.5
- A reference to the Minister includes any officer or duly authorised agent of the Minister.
1.2.6
- A reference to Te Rünanga includes any receiver, liquidator, statutory manager or assignee in bankruptcy of Te Rünanga or any lessee or mortgagee in possession of the Land or any part of it.
1.2.7
- Te Rünanga shall not be personally liable in damages for any breach of agreement committed after it has parted with all interest in the Land if such breach occurs.
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 Te Rünanga to, or acquiescence by Te Rünanga 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 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.
- PURPOSES OF PROTECTION
2.1
- Te Rünanga and the Minister agree that the Land has the following values which are to be protected:
(a)
- cultural values, including wähi tapu and mahinga kai;
(b)
- natural environment values;
(c)
- indigenous flora and fauna values; and
(d)
- landscape values.
3.
- RESTRICTION ON USE OF LAND
3.1
- Te Rünanga agrees, to achieve the objectives and purposes set out in clause 2.1, that Te Rünanga will not, without the consent of the Minister, or as part of an agreed programme referred to in clause 4.1:
(a)
- remove or damage any indigenous vegetation, disturb the soil or undertake earthworks unless for the purpose of retrieving or reburying koiwi tangata;
(b)
- construct tracks on the Land;
(c)
- erect any buildings or structures on the Land; or
(d)
- carry out any planting on the Land.
4.
- MANAGEMENT OBLIGATIONS
4.1
- The Minister and Te Rünanga agree that the Land will be managed in accordance with a programme to be agreed between the parties based on the current co-management regime which provides for the participation of the Moturata/Taieri Whanau.
4.2
- The Minister shall be responsible for all costs relating to fencing, track maintenance, pest and weed destruction and for the payment of any rates.
4.3
- The implementation of the programme referred to in clause 4.1 will be subject to the terms of Schedule 1 of this Deed.
5.
- FREE PUBLIC ACCESS
5.1
- Te Rünanga agrees with the Minister that:
(a)
- Te Rünanga will at all times allow the public to have such free access as is appropriate, given the wähi tapu status of the site, across, onto or through all parts of the Land for the purposes set out in clause 2.1;
(b)
- such access shall, unless Te Rünanga expressly permits otherwise, be limited to access on foot;
(c)
- Te Rünanga and the Minister may agree to close access to and use of the Land or any part of the Land only for reasons relating to safety of the public or for the protection of the Land, its vegetation, wildlife, stock, buildings, plants, equipment and related items; and
(d)
- the Minister shall at all times maintain any structures or tracks to enable the public to gain access onto and across the Land.
5.2
- The costs arising out of the closure of the Land including the costs of any notification of closure to the public shall be borne by the party requiring closure.
6.
- INDEMNITY
6.1
- The Minister agrees to 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 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 Te Rünanga or any employee, contractor or agent of Te Rünanga.
7.
- ENFORCEMENT AGAINST THIRD PARTIES
7.1
- Te Rünanga agrees that subject to the terms of this Deed the provisions of sections 93 - 105 of the Act shall apply to the Land as if the Land were a public reserve.
8.
- MUTUAL OBLIGATIONS
8.1
- Each of the parties hereby undertakes, when called upon, to do forthwith all such acts, matters and things and to endeavour promptly to obtain all necessary consents and to execute all such documents as are required to deposit the plan of the Land.
8.2
- Where any consent permission or other authorisation is required by statute or otherwise to carry out any obligation in either clause 4.1 or 5.1 the party responsible for that obligation shall obtain at that party's expense such consent permission or other authorisation.
8.3
- Any notice required to be given to Te Rünanga in terms of this Deed shall be sufficiently given if made 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 Te Rünanga or Te Rünanga's solicitor.
8.4
- Any consent, authorisation, approval or notice required to be given by the Minister shall be sufficiently given if it is signed by the Conservator, Department of Conservation [ ]. Any notice required to be served upon the Minister shall be sufficiently served if delivered to the office for the time being of the Conservator, Department of Conservation [ ].
8.5
- Any dispute which arises between Te Rünanga 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.
EXECUTION AND ATTESTATION BY PARTIES
PROTECTED PRIVATE LAND AGREEMENT
(Section 77 Reserve Act 1977)
Huriawa
[To be confirmed]
THIS DEED made the day of
BETWEEN TE RÜNANGA O NGÄI TAHU [hereafter called Te Rünanga]
And THE MINISTER OF CONSERVATION [hereinafter called the Minister]
WHEREAS
A.
- The Crown was registered as proprietor of the Land.
B.
- Te Rünanga and the Crown are parties to the Deed of Settlement dated theday of 1997 pursuant to which the Crown provided certain redress to Te Rünanga in settlement of its Treaty of Waitangi claims.
C.
- As part of that redress the Crown agreed to transfer to Te Rünanga certain land including the Land.
NOW THEREFORE THIS DEED WITNESSES that in accordance with section 76 of the Reserves Act 1977 Te Rünanga and the Minister MUTUALLY AGREE:
1.
- DEFINITIONS AND INTERPRETATIONS
1.1
- In this Deed unless the context otherwise requires:
"Crown" means Her Majesty the Queen in right of New Zealand
"Land" means [Legal description of land]
"The Act" means the Reserves Act 1977
[More may be necessary depending upon detail]
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
- 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 amended or to any enactment or Regulation 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 of Agreement includes the parties successors heirs and assigns in perpetuity and in the case of Te Rünanga means its successor in law.
1.2.5
- A reference to the Minister includes any officer or duly authorised agent of the Minister.
1.2.6
- A reference to Te Rünanga includes any receiver, liquidator, statutory manager or assignee in bankruptcy of Te Rünanga or any lessee or mortgagee in possession of the Land or any part of it.
1.2.7
- Te Rünanga shall not be personally liable in damages for any breach of agreement committed after it has parted with all interest in the Land if such breach occurs.
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 Te Rünanga to, or acquiescence by Te Rünanga 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 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.
- PURPOSES OF PROTECTION
2.1
- Te Rünanga and the Minister agree that the Land has the following values which are to be protected:
(a)
- cultural values, including wähi tapu and mahinga kai;
(b)
- natural environment values;
(c)
- indigenous flora and fauna values; and
(d)
- landscape values.
3.
- RESTRICTION ON USE OF LAND
3.1
- Te Rünanga agrees, to achieve the objectives and purposes set out in clause 2.1, that Te Rünanga will not, without the consent of the Minister, or as part of an agreed programme referred to in clause 4.1:
(a)
- remove or damage any indigenous vegetation, disturb the soil or undertake earthworks unless for the purpose of retrieving or reburying koiwi tangata;
(b)
- construct tracks on the Land;
(c)
- erect any buildings or structures on the Land; or
(d)
- carry out any planting on the Land.
4.
- MANAGEMENT OBLIGATIONS
4.1
- The Minister and Te Rünanga agree that the Land will be managed in accordance with a programme to be agreed between the parties.
4.2
- The Minister shall be responsible for all costs relating to fencing, track maintenance, pest and weed destruction and for the payment of any rates.
4.3
- The implementation of the programme referred to in clause 4.1 will be subject to the terms of Schedule 1 of this Deed.
5.
- FREE PUBLIC ACCESS
5.1
- Te Rünanga agrees with the Minister that:
(a)
- the Owner will at all times allow the public to have such free access as is appropriate, given the wähi tapu status of the site, across, onto or through all parts of the Land for the purposes set out in clause 2.1;
(b)
- such access shall, unless Te Rünanga expressly permits otherwise, be limited to access on foot;
(c)
- Te Rünanga and the Minister may agree to close access to and use of the Land or any part of the Land only for reasons relating to safety of the public or for the protection of the Land, its vegetation, wildlife, stock, buildings, plants, equipment and related items; and
(d)
- the Minister shall at all times maintain any structures or tracks to enable the public to gain access onto and across the Land.
5.2
- The costs arising out of the closure of the Land including the costs of any notification of closure to the public shall be borne by the party requiring closure.
6.
- INDEMNITY
6.1
- The Minister agrees to 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 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 Te Rünanga or any employee, contractor or agent of Te Rünanga.
7.
- ENFORCEMENT AGAINST THIRD PARTIES
7.1
- Te Rünanga agrees that subject to the terms of this Deed the provisions of sections 93 - 105 of the Act shall apply to the Land as if the Land were a public reserve.
8.
- MUTUAL OBLIGATIONS
8.1
- Each of the parties hereby undertakes, when called upon, to do forthwith all such acts, matters and things and to endeavour promptly to obtain all necessary consents and to execute all such documents as are required to deposit the plan of the Land.
8.2
- Where any consent permission or other authorisation is required by statute or otherwise to carry out any obligation in either clause 4.1 or 5.1 the party responsible for that obligation shall obtain at that party's expense such consent permission or other authorisation.
8.3
- Any notice required to be given to Te Rünanga in terms of this Deed shall be sufficiently given if made 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 Te Rünanga or Te Rünanga's solicitor.
8.4
- Any consent, authorisation, approval or notice required to be given by the Minister shall be sufficiently given if it is signed by the Conservator, Department of Conservation [ ]. Any notice required to be served upon the Minister shall be sufficiently served if delivered to the office for the time being of the Conservator, Department of Conservation [ ].
8.5
- Any dispute which arises between Te Rünanga 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.
EXECUTION AND ATTESTATION BY PARTIES
PROTECTED PRIVATE LAND AGREEMENT
(Section 77 Reserve Act 1977)
Mäpoutahi Pä
[To be confirmed]
THIS DEED made the day of
BETWEEN TE RÜNANGA O NGÄI TAHU [hereafter called Te Rünanga]
And THE MINISTER OF CONSERVATION [hereinafter called the Minister]
WHEREAS
A.
- The Crown was registered as proprietor of the Land.
B.
- Te Rünanga and the Crown are parties to the Deed of Settlement dated theday of 1997 pursuant to which the Crown provided certain redress to Te Rünanga in settlement of its Treaty of Waitangi claims.
C.
- As part of that redress the Crown agreed to transfer to Te Rünanga certain land including the Land.
NOW THEREFORE THIS DEED WITNESSES that in accordance with section 76 of the Reserves Act 1977 Te Rünanga and the Minister MUTUALLY AGREE:
1.
- DEFINITIONS AND INTERPRETATIONS
1.1
- In this Deed unless the context otherwise requires:
"Crown" means Her Majesty the Queen in right of New Zealand
"Land" means [Legal description of land]
"The Act" means the Reserves Act 1977
[More may be necessary depending upon detail]
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
- 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 amended or to any enactment or Regulation 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 of Agreement includes the parties successors heirs and assigns in perpetuity and in the case of Te Rünanga means its successor in law.
1.2.5
- A reference to the Minister includes any officer or duly authorised agent of the Minister.
1.2.6
- A reference to Te Rünanga includes any receiver, liquidator, statutory manager or assignee in bankruptcy of Te Rünanga or any lessee or mortgagee in possession of the Land or any part of it.
1.2.7
- Te Rünanga 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 breach occurs.
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 Te Rünanga to, or acquiescence by Te Rünanga 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 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.
- PURPOSES OF PROTECTION
2.1
- Te Rünanga and the Minister agree that the Land has the following values which are to be protected:
(a)
- cultural values, including wähi tapu and mahinga kai;
(b)
- natural environment values;
(c)
- indigenous flora and fauna values; and
(d)
- landscape values.
3.
- RESTRICTION ON USE OF LAND
3.1
- Te Rünanga agrees, to achieve the objectives and purposes set out in clause 2.1, that Te Rünanga will not, without the consent of the Minister, or as part of an agreed programme referred to in clause 4.1:
(a)
- remove or damage any indigenous vegetation, disturb the soil or undertake earthworks unless for the purpose of retrieving or reburying koiwi tangata;
(b)
- construct tracks on the Land;
(c)
- erect any buildings or structures on the Land; or
(d)
- carry out any planting on the Land.
4.
- MANAGEMENT OBLIGATIONS
4.1
- The Minister and Te Rünanga agree that the Land will be managed in accordance with a programme to be agreed between the parties.
4.2
- The Minister shall be responsible for all costs relating to fencing, track maintenance, pest and weed destruction and for the payment of any rates.
4.3
- The implementation of the programme referred to in clause 4.1 will be subject to the terms of Schedule 1 of this Deed.
5.
- FREE PUBLIC ACCESS
5.1
- Te Rünanga agrees with the Minister that:
(a)
- Te Rünanga will at all times allow the public to have such free access as is appropriate, given the wähi tapu status of the site, across, onto or through all parts of the Land for the purposes set out in clause 2.1;
(b)
- such access shall, unless Te Rünanga expressly permits otherwise, be limited to access on foot;
(c)
- Te Rünanga and the Minister may agree to close access to and use of the Land or any part of the Land only for reasons relating to safety of the public or for the protection of the Land, its vegetation, wildlife, stock, buildings, plants, equipment and related items; and
(d)
- the Minister shall at all times maintain any structures or tracks to enable the public to gain access onto and across the Land.
5.2
- The costs arising out of the closure of the Land including the costs of any notification of closure to the public shall be borne by the party requiring closure.
6.
- INDEMNITY
6.1
- The Minister agrees to 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 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 Te Rünanga or any employee, contractor or agent of Te Rünanga.
7.
- ENFORCEMENT AGAINST THIRD PARTIES
7.1
- Te Rünanga agrees that subject to the terms of this Deed the provisions of sections 93 - 105 of the Act shall apply to the Land as if the Land were a public reserve.
8.
- MUTUAL OBLIGATIONS
8.1
- Each of the parties hereby undertakes, when called upon, to do forthwith all such acts, matters and things and to endeavour promptly to obtain all necessary consents and to execute all such documents as are required to deposit the plan of the Land.
8.2
- Where any consent permission or other authorisation is required by statute or otherwise to carry out any obligation in either clause 4.1 or 5.1 the party responsible for that obligation shall obtain at that party's expense such consent permission or other authorisation.
8.3
- Any notice required to be given to Te Rünanga in terms of this Deed shall be sufficiently given if made 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 Te Rünanga or Te Rünanga's solicitor.
8.4
- Any consent, authorisation, approval or notice required to be given by the Minister shall be sufficiently given if it is signed by the Conservator, Department of Conservation [ ]. Any notice required to be served upon the Minister shall be sufficiently served if delivered to the office for the time being of the Conservator, Department of Conservation [ ].
8.5
- Any dispute which arises between Te Rünanga 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.
EXECUTION AND ATTESTATION BY PARTIES
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
