20.1 MUTUAL ACKNOWLEDGEMENTS AND AGREEMENTS 20.1.1 Nature of Settlement Te Runanga and the Crown wish it to be recorded: (a) that the Settlement represents the result of extended negotiations conducted in good faith and in a spirit of co-operation and compromise; (b) that each party acknowledges the difficulty in assessing compensation for the loss and prejudice suffered by Ngai Tahu; (c) that it is not possible to and it is acknowledged that the Settlement will not fully compensate Ngai Tahu for all losses and prejudice suffered; (d) that Ngai Tahu, by agreeing to the Settlement, is forgoing a substantial part of the redress sought by Ngai Tahu in respect of the Ngai Tahu Claims, and that this is recognised by the Crown as a contribution to the development of New Zealand; and (e) that the Settlement will however provide Ngai Tahu with the resources to enable it to preserve its distinct identity, culture and traditions, and to restore its economic and social well-being, and that, taking all matters into consideration, Te Runanga and the Crown each acknowledges that the Settlement is fair in the circumstances. 20.1.2 Customary Rights The parties acknowledge that: (a) the provision relating to the removal of the jurisdiction of the Courts, the Waitangi Tribunal and any other tribunal referred to in clause 16.1.2(b) and clause 17.3.2: (i) is not intended to prevent any Ngai Tahu Claimant from pursuing claims against the Crown based on aboriginal title or customary rights which do not come within the definition of Ngai Tahu Claims or to prevent the Crown from disputing such claims or the existence of such title or rights; but (ii) is intended to prevent any Ngai Tahu Claimant from pursuing claims against the Crown (including claims based on aboriginal title or customary rights) if such claims come within the definition of Ngai Tahu Claims, such claims having been settled in accordance with clause 16.1; and (b) nothing in this Deed extinguishes any aboriginal title or customary rights that any Ngai Tahu Claimant may have or constitutes or implies any acknowledgement or acceptance by the Crown that such title or rights exist either generally or in any particular case, but this clause does not limit clause 16.1. 20.1.3 Treaty of Waitangi Fisheries Commission The parties acknowledge that nothing in this Deed or in the Settlement Legislation is intended to affect in any way any decision of the Treaty of Waitangi Fisheries Commission either under the Maori Fisheries Act 1989 (as amended by the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992) or in respect of the Deed of Settlement between the Crown and Maori dated 23 September 1992. 20.2 NONDEROGATION 20.2.1 Non-derogation of Ngai Tahu Rights Except as expressly provided in this Deed, nothing in this Deed is intended to derogate from any rights that Ngai Tahu, any member of Ngai Tahu Whanui or Te Runanga might otherwise have under common law, statute or the Treaty of Waitangi. 20.2.2 Non-derogation of Crown Rights Except as expressly provided in this Deed, nothing in this Deed is intended to derogate from any rights or powers of the Crown under common law, statute, or the Treaty of Waitangi. 20.2.3 Application of Statutes Except where expressly provided otherwise, where this Deed provides for any person to be the administering body of any reserve or any area which is to be administered as if it were a reserve, the control and management of the reserve or area will be subject to, and will not affect the application of, the statutes listed in Attachment 20.1 and any other statutes which may be enacted providing for the control and management of the natural environment and of any species of wildlife. 20.3 CONSISTENCY WITH CONSERVATION ACT 20.3.1 Defined Terms Terms used in clause 20.3.2 which are defined in Section 12 (Mahinga Kai - General) have the same meanings in clause 20.3.2 as they have in Section 12 (Mahinga Kai - General). 20.3.2 Parties’ Agreement and Acknowledgement The parties agree and acknowledge that the Töpuni, Statutory Adviser role, Deed of Recognition (to the extent that it relates to the Department of Conservation), advisory roles to the Minister of Conservation in respect of Taonga Species and Taonga Fish Species and Protocols are all directed at providing Te Runanga with meaningful input into Department of Conservation decision-making relating to specified aspects of management and administration of certain areas of land and species which affect Ngai Tahu’s interests, but those new instruments do not override or diminish the requirements of the Conservation Act 1987 or the statutes listed in the First Schedule to the Conservation Act 1987 or the functions and powers of the Department of Conservation under those Acts or the rights of Te Runanga or any member of Ngai Tahu Whanui under those Acts. 20.4 GENERAL TERMS OF TRANSFER OF NON-COMMERCIAL PROPERTIES 20.4.1 Application of this Clause 20.4 The following terms shall apply to the vesting in or transfer to a Recipient of all property or property interests pursuant to clauses 11.2 and 11.3 and Section 13 (Specific Sites), Section 14 (Ancillary Claims) and Section 15 (South Island Landless Natives Act) (and, where specified, to clauses 11.6 to 11.8), unless expressly provided otherwise in this clause 20.4 or in those clauses and Sections. 20.4.2 Definitions In this clause 20.4: Completion Date means the date on which the vesting or transfer to a Recipient of a property or property interest pursuant to clauses 11.2, 11.2 and 11.6 to 11.8 and Sections 13 to 15, is required to occur under the relevant clause or Section and, where no such provision is made, means the Settlement Date; Encumbrances means all leases, licences, mining licences or permits, easements, access arrangements, covenants, or other third party rights whether registered or unregistered; and Recipient means any person or body in or to whom a property or property interest is to be vested or transferred pursuant to clauses 11.2, 11.3 and 11.6 to 11.8 and Sections 13 to 15, and includes Te Runanga, the Ancillary Claims Trustees, a Ngai Tahu Recipient, or a Successor (as that term is defined in Section 15). 20.4.3 Interpretation In this clause 20.4, a reference to: (a) clauses 11.2, 11.3 and 11.6 to 11.8 is a reference to certain clauses in Section 11 (Mahinga Kai - Transfer and Vesting of Properties) which provide for the vesting or transfer of a property or property interest; (b) Section 13 is a reference to Section 13 (Specific Sites); (c) Section 14 is a reference to Section 14 (Ancillary Claims); and (d) Section 15 is a reference to Section 15 (South Island Landless Natives Act). 20.4.4 Existing Encumbrances The Crown agrees that: (a) on or before the date of this Deed, it will disclose to Te Runanga existing Encumbrances of which it is aware over the property or property interests to be vested or transferred pursuant to clauses 11.2, 11.3 and 11.6 to 11.8, Section 14 and clauses 15.2 and 15.11; and (b) the Settlement Legislation will provide, without requiring the registration of Encumbrances that are not normally registrable, that the vesting or transfer of property or property interests pursuant to those clauses and Sections will be subject to those existing Encumbrances disclosed by the Crown to Te Runanga pursuant to clause 20.4.4(a), which have been identified in the relevant Attachments or clauses relating to those property or property interests. 20.4.5 Disclosure of Existing Encumbrances Te Runanga and the Crown acknowledge and record that, pursuant to clause 20.4.4(a), the Crown has agreed to disclose the existence of Encumbrances of which it is aware over the property or property interests to be vested or transferred pursuant to clauses 11.2, 11.3 and 11.6 to 11.8, Section 14 and clauses 15.2 and 15.11. However it is and has been the responsibility of Te Runanga to satisfy itself as to the terms and nature of those Encumbrances, and as to any other matters relating to the property or property interests. Accordingly, without limiting the Crown’s agreement in clause 20.4.4(a) to disclose the existence of Encumbrances and the Crown’s agreement in clause 20.4.7(c) to disclose details of contaminants or other hazardous materials, the Crown does not give any warranty to Te Runanga: (a) as to the terms of any Encumbrances; (b) as to the accuracy, validity or completeness of any information provided to Te Runanga with respect to such Encumbrances, or otherwise relating to the property or property interests to be vested or transferred; or (c) as to any statute, regulation or by-law or powers, rights and obligations thereunder, including any outstanding enforcement or other notice, requisition, or proceeding issued under any code by any relevant authority, relating to or affecting the property or property interests to be vested or transferred. 20.4.6 Continuing Application of Statutes and Other Matters Except as expressly varied in the Settlement Legislation all statutes, regulations, by-laws, powers, rights and obligations shall continue to apply unaffected by the vesting or transfer of the property or property interests in or to a Recipient pursuant to this Deed. 20.4.7 Current Condition of Property or Property Interests and Crown-owned Structures Te Runanga and the Crown agree: (a) that the property or property interests to be vested or transferred pursuant to clauses 11.2 and 11.3, Section 14 and clauses 15.2 and 15.11 and any Crown-owned structures thereon will be vested or transferred in their state and condition as at the date of this Deed; (b) (without limiting clauses 16.1.2, 17.3.1 and 17.3.2, but subject to clause 20.4.7(c)) that a Recipient will have no future recourse or action against the Crown, nor will a Recipient seek future recompense from the Crown in relation to such property or property interests or structures. Te Runanga and the Crown acknowledge and record that prior to the date of this Deed the Crown facilitated reasonable access by Te Runanga to the relevant areas in order for Te Runanga to inspect the property or property interests and Crown-owned structures and satisfy itself as to the state and condition of the property or property interests and Crown-owned structures; and (c) that, on or before the date of this Deed, the Crown will disclose to Te Runanga details of any contaminants or other hazardous materials contained within or on the property or property interests to be vested or transferred pursuant to clauses 11.2, 11.3 and 11.6 to 11.8, Section 14 and clauses 15.2 and 15.11 of which the Crown is aware, after inspecting its records. Nothing in this clause 20.4.7(c) shall require the Crown to undertake a physical inspection of the property or property interests or make inquiries beyond its own records. 20.4.8 Crown to Maintain Condition of Property or Property Interests and Structures The Crown agrees that between the date of this Deed and the Completion Date it will maintain and administer the property or property interests to be vested or transferred pursuant to clauses 11.2 and 11.3 and Sections 13 to 15 and any Crown-owned structures thereon 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 such property or property interests and Crown-owned structures. 20.4.9 Removal and Revocation of Various Status The Crown agrees that the Settlement Legislation will provide that any conservation, reserve, legal road or other form of status to be removed from any property or property interests, or to be placed upon any property or property interests, pursuant to clauses 11.2, 11.3 and 11.6 to 11.8 and Sections 13 to 15 will be removed, or become effective on the Completion Date. 20.4.10 Vesting or Transfer of Property or Property Interests The Crown agrees that the Settlement Legislation will provide that all properties or property interests to be vested pursuant to clauses 11.2, 11.3 and 11.6 to 11.8 and Sections 13 to 15 will be vested on the Completion Date and that all such properties or property interests which are to be transferred pursuant to those clauses and Sections will be transferred on the Completion Date. 20.4.11 Determination of Boundaries Where any property or property interests to be vested or transferred pursuant to clauses 11.2, 11.3 and 11.6 to 11.8, and Sections 13 to 15 is identified by reference to a map or plan to the standard approved by the Chief Surveyor for Deed purposes, other than a survey plan, the precise boundaries of the property or property interests will be determined by survey and Te Runanga and the Crown acknowledge that the map or plan shows approximate boundaries only. 20.4.12 Issue of Certificates of Title The Crown agrees that the Settlement Legislation will provide for: (a) the issue to a Recipient of certificates of title under the Land Transfer Act 1952 to the estates in fee simple in the property or property interests to be vested or transferred pursuant to clauses 11.2 and 11.3 and Sections 13 to 15, subject to all disclosed registrable encumbrances or other agreed matters required to be noted on the title, as soon as reasonably practicable after the Completion Date but in any event by no later than 12 months thereafter (or such later date as may be agreed by that Recipient and the Crown); or (b) where valid certificates of title exist already in respect of such property or property interests, for transfers of such certificates into the name of a Recipient to be submitted for registration on the Completion Date. 20.4.13 Remedying default If a certificate of title to the estates in fee simple in any property or property interest to be vested or transferred pursuant to clauses 11.2 and 11.3 and Sections 13 to 15 has not been issued by the date which is 12 months after the Completion (or any later date agreed by the relevant Recipient and the Crown), as a result of the Crown (in its capacity as transferor or party from which ownership of the property is to pass as a result of vesting, but not otherwise) failing to take any action or failing to take any action reasonably expeditiously, then Te Runanga may (without limiting any other rights and remedies available to the Recipient) appoint any person to take that action and all reasonable costs of Te Runanga and that person in taking the action shall be met by the Crown. 20.4.14 Costs of Survey The Crown will pay for all survey and registration costs incurred, or required in order to vest or transfer property or property interests in or to a Recipient pursuant to clauses 11.2 and 11.3 and Sections 13 to 15.	SECTION 20: MISCELLANEOUS MATTERS 20.1 MUTUAL ACKNOWLEDGEMENTS AND AGREEMENTS ATTACHMENT 20.1STATUTES TO WHICH CONTROL AND MANAGEMENT OF RESERVES WILL BE SUBJECT (CLAUSE 20.2.3) ATTACHMENT 20.2NOMINATION DEED (CLAUSE 20.9) ATTACHMENT 20.3NGAI TAHU RECIPIENTS DEED (CLAUSE 20.SECTION 20: MISCELLANEOUS MATTERS)