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  ALL SITES AGREED IN SECTION 11: PROPERTY LEGAL DESCRIPTIONS IN SQUARE BRACKETS TO BE CONFIRMED BY PARTIES

ATTACHMENT 11.21

appointment of Te Rünanga to hold and administer KAHUTARA

(Clause 11.4.2)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Kahutara (Marlborough Land District):
(a)
9.8310 hectares, more or less, being Section 36 Block IX Mt Fyffe Survey District. Recreation Reserve. Part New Zealand Gazette 1982 page 661, [S.O. Plan 4261] (MS 28 sheet 5);
(b)
2.6456 hectares, more or less, being section 38 Block IX Mt Fyffe Survey District. Recreation Reserve. Part New Zealand Gazette 1982 page 661, [S.O. Plan 4261] (MS 28 sheet 2);
(c)
3.4000 hectares, more or less, being Section 44 Block IX Mt Fyffe Survey District. Recreation Reserve. All New Zealand Gazette 1982 page 335, [S.O. Plan 5541] (MS 28 sheet 2);
(d)
3.1818 hectares, more or less, being Section 47 Block IX Mt Fyffe Survey District. Recreation Reserve. Part New Zealand gazette 1982 page 661, [S.O. Plan 3912] (MS 28 sheet 2);
(e)
Area subject to survey, being Parts Section 37 Block IX Mt Fyffe Survey District. Recreation Reserve. Part New Zealand Gazette 1982 page 661, [S.O. Plan 4261] (MS 28 sheets 3 and 4); Grazing licence dated 27 November 1995 between the Minister of Conservation and Karl Robert Townsend over part Section 37 and part Section 36 Camping ground lease over parts (a), (b) and (c) for 5 years (plus 2 terms of renewal) from 11 October 1996, to R G Smithson and L Prenderville for 7.5 hectares of Section 38 and parts of Part 37, 47 and 39.
(f)
Area subject to survey, being Part Section 37 Block IX Mt Fyffe Survey District. Recreation Reserve. Part New Zealand Gazette 1982 page 661, [S.O. Plans 4261 & 7154] (MS 28 sheet 4);
(h)
4.0620 hectares more or less being Part Section 39 Block IX Mt Fyffe Survey District. Recreation Reserve. Part New Zealand Gazette 1982 page 661, [S.O. Plan 4261] (MS 28 sheet 2), all as shown in Deed Map MS 28.


ATTACHMENT 11.22

APPOINTMENT OF Te Rünanga TO HOLD AND ADMINISTER ÖMIHI/GOOSE BAY

(Clause 11.4.3)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Omihi/Goose Bay (Marlborough Land District): 2.1396 hectares, more or less, being:
(a)
Section 9, [S.O. Plan 4277], Block X Hundalee Survey District;
(b)
Section 14, [S.O. Plan 5871], Block X Hundalee Survey District;
(c)
Section 15, [S.O. Plan 6117], Block X Hundalee Survey District; and
(d)
Section 10, [S.O. Plan 1466], Block XI Hundalee Survey District; and 1.9961 hectares, more or less, being: (a), (b) and (c) subject to lease for 5 years (plus 2 renewal terms) with Ian Clenghan over camping ground. Subject to the condition that public access to the coastline through section 8 and Part section 11 and to the existing boat ramp shall be available free of charge.
(e)
Section 8, Block X Hundalee Survey District [S.O. 4277];
(f)
Section 17, Block X Hundalee Survey District [S.O. 6117]; and
(g)
Pt Section 11, Block XV Hundalee Survey District [S.O. 4277], all being a recreation reserve pursuant to section 17 of the Reserves Act 1977 [and The New Zealand Gazette 1984, page 5468] and as shown in Deed Map MS 27/1 and MS 27/2.


ATTACHMENT 11.23

APPOINTMENT OF Te Rünanga TO HOLD AND ADMINISTER Öaro

(Clause 11.4.4)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Öaro (Marlborough Land District):
(a)
4.5729 hectares, more or less, being Section 20;
(b)
24.2811 hectares, more or less, being Section 21;
(c)
0.1619 hectares, more or less, being Section 22;
(d)
1.9425 hectares, more or less, being Section 23; and
(e)
0.5888 hectares, more or less, being Section 24,
all Block XVIII Hundalee Survey District, [S.O. Plan 4277] and all being a recreation reserve pursuant to section 17 of the Reserves Act 1977 and The New Zealand Gazette 1982, page 1177 and as shown in Deed Map MS 108.
Grazing licence dated 5 June 1996 between the Minister of Conservation and Murray Tovey and Rene Agnes Tovey over that part of the Öaro Site described in the grazing licence as ten hectares, more or less, being Part Section 21 and Section 22 Hundalee Survey District as outlined in red on the plan attached to the grazing licence.


ATTACHMENT 11.24

CREATION OF HISTORIC RESERVE AT ÖTÜKORO

(Clause 11.4.5)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Ötükoro (Nelson Land District): 15.5200 hectares being Section 1 S.O. Plan 15229, (Conservation Purposes, New Zealand Gazette 1995, page 2242), as shown in Deed Map MS 13. [None defined as yet]


ATTACHMENT 11.25

Appointment of Te Rünanga to hold and administer MAEREWHENUA

(Clause 11.4.6)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Maerewhenua (Otago Land District): 7786 square metres, more or less, being Section 72, Block III, Maerewhenua Survey District [S.O. Plan 21225. All Document 549762], as shown in Deed Map MS 15. Historic Reserve. [None defined as yet]


ATTACHMENT 11.26

APPPOINTMENT of Te Rünanga to hold and administer TAKIROA

(Clause 11.4.7)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Takiroa (Otago Land District): An Historic Reserve held under the Reserves Act 1977 of 905 square metres more or less, being section 116A Otekaieke Settlement situated in Block V Maerewhenua Survey District, [S.O. Plan 18601. All document 552413. Exclusive of such mines and minerals as were not taken by Document 515665/5. Right of way created by Document 568329,] as shown in Deed Map MS 16. Existing access easement for farmer.


ATTACHMENT 11.27

APPOINTMENT OF Te Rünanga TO HOLD AND ADMINISTER KÄTIKI

(Clause 11.4.8)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Kätiki (Otago Land District):
(a)
an undefined area, being Section 45 and Part Section 51, Block II, Moeraki Survey District (subject to survey). [Balance Document 661384. Subject to lease registered as Document 480078];
(b)
an undefined area, being Parts Section 55, Block II, Moeraki Survey District (subject to survey). [Part Document 779247/2]; and
(c)
an undefined area, being Section 2 and Parts Section 3, S.O. 23358 (subject to survey). Part Document 790001/2, as shown in Deed Map MS 24. Historic Reserve.
Historic reserve Subject to existing lease to Jones (and successors) dated 5 May 1977. Subject to the condition that P R Jones and J A Jones, their servants tenants agents workmen sublessees licensees and invitees shall have the full free uninterrupted and unrestricted right liberty and privilege from time to time and at all times by day and by night to go pass and repass with or without horses and domestic animals of any kind and with or without carriages vehicles motor vehicles machinery and implements of any kind over and along the existing track as shown by a dotted line on Deed Map MS 24, for so long as the Jones's have a lease over the reserve, provided that persons accompanied by dogs are excluded from the right of access. Subject to the condition that officers of the Department of Conservation and persons authorised by them shall have the full free uninterrupted and unrestricted right liberty and privilege from time to time and at all times by day and by night to go pass and repass with or without motor vehicles machinery and implements of any kind as shown by a dotted line on Deed Map MS 24, for the purpose of management of wildlife on the land or on any adjoining land administered by the Department.

Subject to continuing public access to the wildlife reserve adjacent to the reserve over and along the existing track as shown by a dotted line on Deed Map MS 24.


ATTACHMENT 11.28

APPOINTMENT OF Te Rünanga TO HOLD AND ADMINISTER ÖNAWE PÄ

(Clause 11.4.9)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Önawe Pä (Canterbury Land District):
(a)
22.9051 hectares, more or less, being Rural Section 728 and Rural Section 26442 [(S.O. 4404)] situated in Block IV Akaroa Survey District all [contained in CT 23B/888 (Canterbury Land Registry)] together with [drainage easement by Conveyance 92591 (141D/818) and right to convey water by Transfer 229735]; and
(b)
5.5000 ha more or less, being Rural Section 42007 [(S.O. 16213)] situated in Block XV Pigeon Bay and Block IV Akaroa Survey District contained in New Zealand Gazette 1985, page 1519 (GN 541973/1), as shown in Deed Map MS 26.
[None defined as yet]


ATTACHMENT 11.29

CREATION OF HISTORIC RESERVE AROUND KOPUWAI

(Clause 11.4.10)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Kopuwai (Otago Land District):
(a)
2.2210 hectares, more or less, being Section 68, Block II, Cairnhill Survey District. [All Special Lease 10A/399]; and
(b)
an undefined area (subject to survey), being Part Run 249A, Obelisk Survey District, [Part Pastoral Lease 386/69], as shown in Deed Map MS 6. Historic Reserve.
Subject to existing BCL lease.


ATTACHMENT 11.30

CREATION OF HISTORIC RESERVE AT KAWARAU GORGE

(Clause 11.4.11)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Kawarau Gorge (Otago Land District): An undefined area (subject to survey) being Part Crown Land adjoining Part Run 726 and the Kawarau River, Block VI, Kawarau Survey District, Crown Land Reserved from Sale, deemed to be marginal strip pursuant to Part IVA of the Conservation Law Reform Act 1990, as shown in Deed Map MS 11. [Road reserve may be added if Council agrees] Subject to survey Subject to the condition that public access to the reserve shall be available as if it were a marginal strip


ATTACHMENT 11.31

APPOINTMENT OF Te Rünanga TO HOLD AND ADMINISTER WAIPAPA POINT

(Clause 11.4.12)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Waipapa Point (Marlborough Land District):
(a)
area subject to survey, being Part Mangamunu Section 1B of 2 situated in Block XIV Puhi Puhi Survey District. Scenic Reserve. All New Zealand Gazette 1981 page 2585. M.L. Plan 835;
(b)
area subject to survey, being Part Mangamunu Section 1C of 2 situated in Block XIV Puhi Puhi Survey District. Scenic Reserve. All New Zealand Gazette 1981 page 2585. M.L. Plan 835;
(c)
5193 square metres more or less being Section 33 Block XIV Puhi Puhi Survey District. Scenic Reserve. All New Zealand Gazette 1981 page 2585. [S.O. Plan 4249]; and
(d)
5.3975 hectares more or less being Section 5 Block XIV Puhi Puhi Survey District. Scenic Reserve. All New Zealand Gazette 1981 page 2585. [S.O. Plan 4279], all as shown on Deed Map A 103.
Lease of caravan park to A D Craven and H Campbell.


ATTACHMENT 11.31A

APPOINTMENT OF Te Rünanga TO HOLD AND ADMINISTER maranuku

(Clause 11.4.13)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Maranuku: 48.6 hectares, more or less, Sections 2 and 3, S.O. Plan 22413 proclaimed taken under the Public Works Act 1908 for scenery preservation purposes in the New Zealand Gazette 1909, pages 2531-2532, as shown on Deed Map A 190. [To be inserted, if any]


ATTACHMENT 11.31B

creation of scenic reserve at moeraki lake

(Clause 11.4.14)
Description and Purpose of Reserve Conditions and Restrictions on Administration of Reserve to which vesting is subject
Moeraki Lake Site: 4.6000 hectares, more or less (subject to survey) being Part Section 2, S.O. Plan 11969, situated in Block XI Arnott Survey District, being part of the Whakapohai Wildlife Refuge pursuant to the Conservation Act 1987 and the New Zealand Gazette, 1993, page 1394, as shown in Deed Map AS 204.
(i)
an existing licence to occupy (numbered 40.029) entered into pursuant to section 17(1)(f) of the Conservation Act 1987 on 22 June 1995 over a bach site on the Moeraki Lake Site; and
(ii)
Te Rünanga to grant, on vesting of reserve: an easement granting a right of way over the Moeraki Lake Site in favour of Gerard David McSweeney and Anne Saunders in the form set out in Attachment 11.31C; an easement to take, convey and lead water over and along the Moeraki Lake Site in favour of Gerard David McSweeney and Anne Saunders in the form set out in Attachment 11.31C; an easement to convey electricity by means of cables over and along the Moeraki Lake Site in favour of Gerard David McSweeney and Anne Saunders in the form set out in Attachment 11.31C; an easement granting a right of way over the Moeraki Lake Site in favour of Arthur John Gillman and Allen Mark Chin in the form set out in Attachment 11.31D.


ATTACHMENT 11.31C

EASEMENT FOR the moeraki lake site

(Clause 11.4.14)

MEMORANDUM OF TRANSFER GRANTING EASEMENT

Date:

BETWEEN

(1)

TE RÜNANGA O NGÄI TAHU (hereinafter called "the Grantor") of the one part; and

(2)

GERARD DAVID McSWEENEY and ANNE SAUNDERS (hereinafter together with their successors and assigns called "the Grantees") of the other part.

BACKGROUND

A

Te Rünanga o Ngäi Tahu and the Crown are parties to a Deed of Settlement dated [      ] 1997.

B

Pursuant to that Deed, the Crown agreed to vest all that parcel of land containing 4.6 hectares, more or less (subject to survey), being Part Section 2 S.O. 11969, Block XI Arnott Survey District, Westland Land Registry ("the servient tenement") in the Grantor as a scenic reserve pursuant to section 26 of the Reserves Act 1977.

C

The Grantees are registered as proprietor of an estate in fee simple subject however to such encumbrances liens and interests as are notified on the certificate of title in that parcel of land containing 2,038 square metres more or less being section 1 S.O. 11844 situated in Block XI Arnott Survey District being CT 8A/725 Westland Land Registry ("the dominant tenement").

D

The vesting of the servient tenement as described in Recital B is subject to the Grantor granting to the Grantees the various easements across parts of the servient tenement as described in this Deed.

NOW THEREFORE THIS DEED WITNESSES that in pursuance of the premises the Grantor hereby conveys and grants:

(1)

to the Grantees the full, free, uninterrupted and unrestricted right, liberty and privilege for the Grantees their servants, tenants, agents, workers, licensees and invitees (in common with the Grantor its tenants and any other person lawfully entitled so to do) from time to time and at all times by day and by night to go pass and repass with or without carriages, vehicles, motor vehicles, machinery and implements of any kind over and along that part of the servient tenement shown marked with the letter "A" on S.O. Plan [      ];

(2)

to the Grantees the full, free, uninterrupted and unrestricted right, liberty and privilege for the Grantees their servants, tenants, agents, workers, licensees and invitees from time to time and at all times by day and by night to take, convey, and lead water in a free and unimpeded flow over and along that part of the servient tenement shown marked with the letter "B" on S.O. Plan [      ]; and

(3)

to the Grantees the full, free, uninterrupted and unrestricted right, liberty and privilege for the Grantees their servants, tenants, agents, workers, licensees and invitees from time to time and at all times by day and by night to convey electricity by means of cables over and along that part of the servient tenement shown marked with the letter "C" on S.O. Plan [      ].

TO THE INTENT that the easements hereby created shall forever be appurtenant to the dominant tenement AND IT IS HEREBY AGREED AND DECLARED by and between the Grantor and the Grantee:

(a)

the Grantee shall maintain the right of way marked "A", and the water race marked "B" on S.O. Plan [     ] at all times to a standard acceptable to the Grantor or its successors in title;

(b)

the rights implied in paragraph 2(c) in easements of vehicular right of way by the ninth schedule to the Property Law Act 1952 hereby expressly apply to the easement described in paragraph 1 above;

(c)

the rights implied in paragraph 2 and 5 in easements of rights to convey water by the seventh schedule to the Land Transfer Act 1952 hereby expressly apply to the easement described in paragraph 3 above; and

(d)

the Grantor will cause a notification of these easements to be recorded against the title to the Land as soon as reasonably practicable after the execution of this Deed.

IN WITNESS whereof these presents have been executed as a deed on the date first written above.


ATTACHMENT 11.31D

right of way to bach on the moeraki lake site

(Clause 11.4.14)

MEMORANDUM OF TRANSFER GRANTING EASEMENT

Date:

BETWEEN

(1)

TE RÜNANGA O NGÄI TAHU (hereinafter called "the Grantor") of the one part; and

(2)

ARTHUR JOHN GILLMAN and ALLEN MARK CHIN (hereinafter together with their successors and assigns called "the Grantees") of the other part.

BACKGROUND

A

Te Rünanga o Ngäi Tahu and the Crown are parties to a Deed of Settlement dated [      ] 1997.

B

Pursuant to that Deed, the Crown agreed to vest all that parcel of land containing 4.6 hectares, more or less (subject to survey), being Part Section 2 S.O. 11969, Block XI Arnott Survey District, Westland Land Registry ("the Land") in the Grantor as a scenic reserve pursuant to section 26 of the Reserves Act 1977.

C

The Grantees hold licence 40.029 dated 22 June 1995 being a licence to occupy a bach site on the Land pursuant to section 17(1)(f) Conservation Act 1987.

D

The vesting of the Land as described in Recital B is subject to the Grantor granting to the Grantees an easement in gross across part of the Land as described in this Deed.

NOW THEREFORE THIS DEED WITNESSES that in pursuance of the premises the Grantor hereby conveys and grants to the Grantees the full, free, uninterrupted and unrestricted right, liberty and privilege for the Grantees their servants, tenants, agents, workers, licensees and invitees (in common with the Grantor his tenants and any other person lawfully entitled so to do) from time to time and at all times by day and by night to go pass and repass over and along that part of the Land shown marked with the letter "D" on S.O. Plan [     ] for the purpose of access to the bach site.

Nothing in the grant of this easement confers on the Grantee any right to compel the Grantor to form the right of way to provide physical access to the bach site.

TO THE INTENT that the easements hereby created shall be for a term consistent with the duration of the licence referred to in Recital B AND IT IS HEREBY AGREED AND DECLARED by and between the Grantor and the Grantee that the Grantor will cause a notification of this easement to be recorded against the title to the Land as soon as reasonably practicable after the execution of this Deed.

IN WITNESS whereof these presents have been executed as a deed on the date first written above.

[Execution clauses to come]


ATTACHMENT 11.32

CHANGE OF NAMES/CLASSIFICATION

(Clause 11.5)
# Description of Reserve
1. Mount Cook National Park: [insert legal description]
2. Ömihi/Goose Bay (Marlborough Land District): 92.6900 hectares, more or less, being Section 1 Block X Hundalee Survey District [S.O. 1344], Section 18 Block X Hundalee Survey District [S.O. 6117] and Section 10 Block XV Hundalee Survey District [S.O. 1627], all being part of a scenic reserve pursuant to section 19 of the Reserves Act 1977 [and The New Zealand Gazette 1984, page 5468], as shown in Deed Map MS 487.
3. Bluff Hill Scenic Reserve (Southland Land District): 150.4700 hectares, more or less, being Sections 2, 25 and 40 Block I Campbelltown Hundred, Lot 37 DP 15, Lot 3 DP 3368 and parts Lot 5 Deed Plan 55. Contained in Certificates of Title B4/1268, 149/40, 10/249 and 31/60 (Southland Registry) CT 149/40 is subject to Transfer 71376 creating the right to construct and maintain water races, etc.
4. Shag Point Recreation Reserve (Otago Land District):
(a)
46.4644 hectares, more or less (subject to survey), being Section 101, Part Sections 98 and 100, Block III, Moeraki Survey District, Part Certificate of Title 15C/33. This description is subject to registration of an agreement between the Crown and other parties relating to an exchange of land as shown on DP 25667: the land marked in single line hatching (currently privately owned) with the land marked in double line hatching (currently Crown-owned).
(b)
3.8445 hectares, more or less, (subject to survey), being Part Section 57, Block III, Moeraki Survey District. All Document 676904/4.
(c)
809 square metres, more or less, being Section 83, Block III, Moeraki Survey District. All CT No. 16D/313, Otago Land Registry. all as shown on Deed Map MS 9.
5. Maungaatua Scenic Reserve (Otago Land District): 1283.6683 hectares more or less being Section 31, 49, 50, 51 and 55, Block I, Maungatua Survey District, Sections 1 and 2, Part Section 3, Block VIII, Maungatua Survey District, Lot 1 DP 20529, Lot 1 DP 20530, Sections 10, 32, 33 and 34 and Part Section 22, Block XI, Maungatua Survey District, Lot 1, DP 18686, Sections 11, 14, 15, 16, 17, 18, 23 and 24, Block XIV, Maungatua Survey District, and Lot 1, DP 17720. as shown on Deed Map MS 23.
6. Castle Hill Conservation Area (Canterbury Land District): 54.0496 hectares, more or less, being Rural Section 40839 (S.O. 15192), Rural Section 40840 (S.O. 15192) and Lot 2 DP 43207 situated in Block XVI Harper and Block IV Coleridge Survey Districts. Part comprised on CT 23B/918 (Canterbury Land Registry), subject to Deed of Grant 23B/921 right to convey water, as shown on Deed Map MS 14.


ATTACHMENT 11.33

te waihora (lake ellesmere)

(Clause 11.6)

[Deed Map in separate volume]

legal description

canterbury Land District Selwyn / Banks Peninsula District Councils

(a)

Part Reserve 959 [(S.O. 8677 and S.O. 8678)] (less Greenpark Sands and 2 hectares approximately east of Greenpark) [situated in Blocks XV, XVI Leeston Survey District, Blocks III, IV, VII and VIII Southbridge Survey District, Blocks I, II, III, V and VI Ellesmere Survey District and Blocks XIII, XIV and XV Halswell Survey District.] Crown land. Section 383 Land Act 1924. Subject to survey;

(b)

Part Reserve 959 (S.O. 1323) situated in [Blocks III and IV Ellesmere Survey District.] Subject to survey;

(c)

23.0417 hectares more or less being Part Reserve 959 (S.O. 7953) [situated in Block XVI Leeston Survey District.] River Protection. Contained in all NZ Gazette 1949 page 853;

(d)

8.0937 hectares, more or less, being Section 16, Block VIII Reserve 959 [(S.O. 1323)] situated in Block III Ellesmere Survey District;

(e)

5.3620 hectares more or less being Section 10 Block VIII Reserve 959 [(S.O. 1324)] situated in Block III Ellesmere Survey District; and

(f)

Reserve 4385 [(S.O. 6979)] situated in [Block XVI Leeston Survey District, Blocks IX and XIII Halswell Survey District and Block I Ellesmere Survey District.] Crown land. [Contained in all NZ Gazette 1960 page 1657.] Subject to survey,

all as shown in Deed Map MS 33.

PART A: EXISTING LAWFUL COMMERCIAL USES AFFECTING BED OF TE WAIHORA

[To be determined]

PART B: EXISTING STRUCTURES IN OR UPON BED OF TE WAIHORA

[To be determined]

PART C: ENCUMBRANCES

[To be inserted (if applicable)]


ATTACHMENT 11.34

EASEMENT AGREEMENT, TE WAIHORA

(Clause 11.6.5)

BACKGROUND

1.

Pursuant to Clause [ ] of the draft Deed of Settlement between Te Rünanga and the Crown, a Certificate of Title will issue to Te Rünanga for that part of the bed of Te Waihora yet to be surveyed but which survey shall include such land as is in Crown ownership, much of it beneath the variable body of water known as Te Waihora or Lake Ellesmere the boundaries of which:

(a)

are generally shown by a continuous black line on Deed Map MS 33;

(b)

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

but which exclude:

(c)

the land at, and extending from, the mouth of the Selwyn River and shown in cross-hatching on Deed Map MS 33/2, excluded so as to provide legal access to the bed of Te Waihora; and

(d)

the Selwyn Delta River Protection Reserve which is vested in the Canterbury Regional Council, unless Te Rünanga and that Council agree otherwise prior to the Settlement Date; and

(e)

Greenpark Sands.

2.

The title will be subject to an easement in favour of the Canterbury Regional Council ("CRC") to enable CRC to open and close the channel from Te Waihora to the sea pursuant to any existing authority or notified use under the Water and Soil Conservation Act 1967 or made under the Resource Management Act 1991 as amended or re-enacted (or its successor), including any resource consent granted from time to time, in each case complying with the National Water Conservation (Lake Ellesmere) Order 1990.

3.

The easement will allow access to the CRC to certain parts of the land contained in the new title and will specify the use to which the CRC may put the land. The terms and conditions of access and use will be specified in an Easement Agreement (which will eventually be registered against the Certificate of Title following formal survey).

4.

The Easement Certificate must make provision for alteration of the Easement Area (as defined below) as a result of the movement from time to time of the Mean High Water Springs.

DRAFT EASEMENT

A draft form of agreement as to the restrictions on access to and use of the land is as follows:-

1.

Definitions

For the purposes of this Agreement:

"Consent" means any existing authority or notified use under the Water and Soil Conservation Act 1967 or made under the Resource Management Act 1991 as amended or re-enacted (or its successor), including any resource consent granted from time to time, in each case complying with the National Water Conservation (Lake Ellesmere) Order 1990.

"Machine Park" means an area of approximately 200 metres in length and 180 metres in width (at its widest boundary) more particularly shown on the plan attached to this Agreement marked "Machine Park".

"Land" means the area of land known as "Te Waihora" transferred to Te Rünanga pursuant to Clause [ ] of the Ngäi Tahu Claims Settlement Act [1998].

"Existing Track" means the existing customary use track to the beach area situated landward of Mean High Water Springs and extending from the Mäori road approximately 1.1 kilometres to the machine park having a width of approximately 20 metres and being situated within approximately 120 metres landward of Mean High Water Springs more particularly shown on the plan attached to this agreement marked "Vehicle access 20m wide centred on existing track" (Deed Map MS 33/5).

"Excavation Area" means an area of approximately 500 metres in width and extending approximately 350 metres landward of Mean High Water Springs more particularly shown on the plan attached to this Agreement and marked "Excavation Area".

"Easement Area" means the Excavation Area, the Machine Park and the Existing Track as altered from time to time pursuant to the provisions of clause 8 of this Agreement.

2.

Grant of Easement

The Canterbury Regional Council (or such other holder for the time being of a Consent) (referred to in this agreement as "CRC") shall have the full, free, uninterrupted and unrestricted right, together with its agents, workmen, servants (and in common with Te Rünanga, its servants, tenants, agents, workmen, licensees and invitees and any other person lawfully entitled) from time to time and at all times to go on to, along and over the Easement Area with or without vehicles, motor vehicles, machinery and implements of any kind but subject to the terms, conditions and restrictions set out below.

3.

Right of Access

Subject to the provisions of Clause 8 below, CRC must exercise the rights of access specified in Clause 2 above to the Machine Park and the Excavation Area by using the Existing Track and not by any other means.

4.

Use of Land

Subject to the remaining terms and conditions of this agreement, CRC shall be entitled to exercise the easement hereby granted solely for the purposes of operating a Consent and not for any other purpose without the prior written consent of Te Rünanga.

5.

Excavation Right

CRC may carry out such excavation on the Excavation Area as shall be necessary to give effect to the Consent using such methods of excavation and spoil disposal as CRC shall in its absolute discretion determine.

6.

Parking of Vehicles, Machinery and Implements

CRC shall be entitled to park, in the Machine Park, such vehicles, machinery and implements as shall be necessary to enable it to complete artificial opening or closing of Te Waihora by way of a channel to the sea in terms of any Consent and shall not park vehicles, machinery or implements on any other part of the Land without the prior written consent of Te Rünanga.

7.

Shelter for Vehicles, Machinery and Implements

CRC shall be entitled to maintain and/or add to any gravel pile situated on the Machine Park for the purposes of providing shelter for such vehicles, machinery and implements remaining on the Machine Park during the duration of any Consent.

8.

Effect of Alteration of Mean High Water Springs

In the event that the line of Mean High Water Springs so alters so as to render the use of the Easement Area inoperable then, for the purposes of this Agreement, the Easement Area shall be deemed to be located in such position as shall:

(a)

provide for replacement of the Existing Track within 120 metres landward of Mean High Water Springs;

(b)

provide for relocation of the Machine Park, Existing Track and Excavation Area in identical size and relative location to each other as shown on the plan attached to this agreement and as shall have been the case immediately prior to relocation; and

(c)

be agreed to in writing by Te Rünanga prior to the exercise by CRC of any of the rights contained in this Agreement in so far as those rights are to be exercised over the Easement Area (as relocated) PROVIDED THAT for the purposes of this clause Te Rünanga shall give its consent to such relocation in terms of this clause 8 as will not, in the opinion of Te Rünanga, interfere with or in any way affect any Wähi Tapu sites situated on the Land.

9.

Public Liability Insurance

At all times during the operation of this Agreement CRC shall be responsible for ensuring the safety of all its agents, servants and workmen situated on the Land and shall ensure that it or they has adequate public liability insurance.

10.

Repair of Damage

CRC shall ensure that as little disturbance as possible is caused to the surface of the Existing Track and Machine Park (as relocated from time to time in terms of clause 8 of this Agreement) (other than disturbance caused by way of such excavation as shall be necessary to comply with the terms of any Consent) and shall ensure that the surface of the Existing Track and Machine Park (as relocated from time to time in terms of clause 8 of this Agreement) is restored as nearly as possible to its original condition (but subject to the provisions of clause 7 of this Agreement) and that any other damage caused by reason of operation of this Agreement is repaired forthwith.

11.

No Obstruction

Te Rünanga shall use its best endeavours to ensure that, for the duration of any Consent, the Land shall be kept clear at all times of obstructions whether caused by parked vehicles, deposit of materials or unreasonable impediment to the use of the Land for the purposes of this Agreement.

12.

Dispute Resolution

In the event of any dispute arising from or in connection with this Agreement, both parties shall use their best endeavours to settle such dispute in an amicable manner. If the parties are unable to resolve the dispute in such a manner, the matter shall be referred to mediation. If the parties are unable to resolve the dispute at mediation then the matter shall be referred to arbitration pursuant to the provisions of the Arbitration Act 1996.

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

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