This Part records the apology given by the Crown to Ngāi Tahu in the deed of settlement.

The text of the apology in Māori is as follows:

The text of the apology in English is as follows:

It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.

In this Act, unless the context otherwise requires,—

(1) For the purposes of this Act and any other enactment, unless the context otherwise requires, Ngāi Tahu and Ngāi Tahu Whānui each means the collective of individuals who descend from the primary hapū of Waitaha, Ngāti Mamoe, and Ngāi Tahu, namely Kāti Kurī, Kāti Irakehu, Kāti Huirapa, Ngāi Tuahuriri, and Kai Te Ruahikihiki.

(2) Amendment(s) incorporated in the Act(s).

(1) In this Act, Ngāi Tahu claims—

• (a) means all claims made at any time by any Ngāi Tahu claimant and—

  • (i) founded on rights arising in or by the Treaty of Waitangi, the principles of the Treaty of Waitangi, statute, common law (including customary law and aboriginal title), fiduciary duty, or otherwise; and

  • (ii) arising out of or relating to any loss of interests in land, water, rivers, harbours, coastal marine areas, minerals, forests, or any natural and physical resources in the Ngāi Tahu claim area, caused by acts or omissions by or on behalf of the Crown or by or under legislation, being a loss that occurred before 21 September 1992—

  whether or not the claims have been researched, registered, or notified; and

• (b) includes all of the claims made by Ngāi Tahu against the Crown arising from those historical grievances of Ngāi Tahu which are referred to in the following Ngāi Tahu Wai 27 claims to the Waitangi Tribunal:

  • (i) general claim of 26 August 1986:

  • (ii) amended claim of 24 November 1986:

  • (iii) amended claim of 16 December 1986:

  • (iv) amended claim of 2 June 1987:

  • (v) amended claim of 5 September 1987:

  • (vi) amended claim of 13 April 1988:

  • (vii) amended claim of 20 December 1994:

  • (viii) amended claim of 12 June 1995:

  • (ix) amended claim of 6 July 1995:

  • (x) amended statement of claim of 7 May 1996; and

• (c) includes all Wai 27 ancillary claims made to the Waitangi Tribunal; and

• (d) includes the claims to the Waitangi Tribunal designated Wai 189, Wai 322, Wai 324, Wai 348, Wai 380, Wai 482, Wai 498, Wai 597, Wai 618, and Wai 622; but

• (e) excludes the claim to the Waitangi Tribunal designated Wai 158, but such exclusion does not apply to any part of Wai 158 that might relate to the original allocation of land under the South Island Landless Natives Act 1906, being a matter dealt with in the Wai 27 claims referred to in paragraph (b); and

• (f) excludes claims, insofar as they relate to language and culture, which are not claims which come within paragraphs (a) to (d).

(2) In subsection (1),—

Nothing in this Act or in the deed of settlement prevents any Ngāi Tahu claimant from receiving redress under the Maori Reserved Land Act 1955 or other legislation which addresses the grievances intended to be addressed by that Act.

Parts of speech and grammatical forms of a word that is defined in this Act have corresponding meanings in this Act.

The purpose of this Part is to provide for the legislative matters contemplated by section 3 (Aoraki/Mount Cook) of the deed of settlement.

In this Part,—

(1) The Prime Minister must recommend to the Governor-General before the vesting date that an Order in Council be made pursuant to subsection (2).

(2) The Governor-General, by Order in Council made on the recommendation of the Prime Minister, must vest the fee simple estate in Aoraki/Mount Cook in Te Rūnanga o Ngāi Tahu on the vesting date.

(3) An Order in Council made pursuant to subsection (2) takes effect notwithstanding anything in the National Parks Act 1980, section 11 and Part 10 of the Resource Management Act 1991, or any other enactment.

(1) Te Rūnanga o Ngāi Tahu must deliver to the Prime Minister or the Prime Minister's nominee on the gift date the deed of gift, duly executed by Te Rūnanga o Ngāi Tahu.

(2) Upon delivery to the Prime Minister or the Prime Minister's nominee of the deed of gift referred to in subsection (1) on the gift date, the fee simple estate in Aoraki/Mount Cook vested in Te Rūnanga o Ngāi Tahu by the Order in Council referred to in section 15 vests in the Crown, in order to give effect to the gift made by Te Rūnanga o Ngāi Tahu to the Crown on behalf of the people of New Zealand.

(3) If, for any reason, the deed of gift referred to in subsection (1) is not delivered to the Prime Minister by 3 pm on the gift date, the escrow agent must deliver to the Prime Minister or the Prime Minister's nominee the executed counterpart of that deed of gift, upon receipt by the escrow agent of a notice to that effect from the Prime Minister or the Prime Minister's nominee.

(4) In the event that the escrow agent delivers the executed counterpart of the deed of gift to the Prime Minister or the Prime Minister's nominee pursuant to subsection (3), subsection (2) applies as if the deed of gift referred to in subsection (1) had been delivered to the Prime Minister or the Prime Minister's nominee pursuant to that subsection.

Aoraki/Mount Cook is and remains part of the Mount Cook National Park, and every regulation, lease, licence, and other instrument in effect immediately before the vesting date in respect of the Mount Cook National Park under the National Parks Act 1980 or any other enactment has uninterrupted effect, on and from the vesting date as if Aoraki/Mount Cook had remained Crown land at all times, notwithstanding—

• (a) section 7(1)(a) of the National Parks Act 1980 and any other enactment; and

• (b) the vesting referred to in section 15; and

• (c) the gift back referred to in section 16; and

• (d) the fact that Aoraki/Mount Cook is vested in Te Rūnanga o Ngāi Tahu during the period on and from the vesting date to the gift date.

No gift duty is payable in respect of the gifting of Aoraki/Mount Cook pursuant to section 16.

The purpose of this Part is to provide for certain legislative matters required to facilitate the transfer or vesting of settlement properties by the Crown pursuant to the deed of settlement.

(1) Notwithstanding any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do any 1 or more of the following:

• (a) purchase or otherwise acquire any settlement property from a Crown body:

• (b) grant or take a lease of any settlement property to or from any Crown body:

• (c) transfer any settlement property to any Ngāi Tahu recipient:

• (d) sign any memorandum of transfer or lease, or any other document, or do any other thing for the purposes of any such purchase, acquisition, lease, or transfer.

(2) Except as expressly provided otherwise in, or by operation of, this Act, section 40 of the Public Works Act 1981 (but not sections 41 and 42 of that Act), and that section as applied by any other Act, applies to the transfer of any settlement property pursuant to subsection (1)(c).

(3) Except as expressly provided otherwise in, or by operation of, this Act, nothing in subsection (1) limits—

• (a) subsections (4) and (5); or

• (b) sections 10 and 11 of the Crown Minerals Act 1991; or

• (c) any other reservation made by any enactment or statutory instrument; or

• (d) any other enactment which must be complied with before any disposal.

(4) Notwithstanding section 40 of the Public Works Act 1981, the chief executive is not required by that section to offer to sell to a Crown body any settlement property acquired from that Crown body pursuant to section 21; but this subsection does not limit any obligation of that chief executive under that section or any other enactment to offer to sell such a settlement property to any other person.

(5) Nothing in the Land Act 1948 applies to any settlement property that is to be transferred from a Crown body to another Crown body or to a Ngāi Tahu recipient, or vested in a Ngāi Tahu recipient, for the purposes of giving effect to the deed of settlement.

(6) Nothing in the Land Act 1948 restricts the period for which a lease may be granted pursuant to subsection (1)(b).

(7) The permission of a council (within the meaning of Part 21 of the Local Government Act 1974) is not required for the laying out, or forming of, any private road or private way, or for the granting or reserving of a right of way over any private way, required for the purposes of, or incidental to, the deed of settlement.

(8) Sections 24 and 25 of the Reserves Act 1977 do not apply to a revocation of a reserve which is a settlement property to give effect to the deed of settlement.

(9) Except as expressly provided in this Act, where the reservation of land as a reserve is revoked by this Act, the land vests in the Crown.

(10) Where—

• (a) a settlement property is transferred to a Ngāi Tahu recipient pursuant to the deed of settlement; and

• (b) the settlement property is transferred subject to any lease between the Crown or any Minister of the Crown, as lessor, and another person, as lessee,—

then any reference to the Crown or a Minister of the Crown in that lease is deemed to be a reference to the owner for the time being of the lessor's interest.

(11) In this section and in section 21, Crown body includes a body that was a Crown body on 21 November 1997 and also includes Telecom Corporation of New Zealand Limited, and any company which is a subsidiary of Telecom Corporation of New Zealand Limited.

(1) Where the Crown is obliged by the deed of settlement to transfer to a Ngāi Tahu recipient, or where this Act provides for the vesting in a Ngāi Tahu recipient of, a settlement property to which this section applies, the Minister of the Crown for the time being responsible for the administration of the Land Act 1948 may, after consultation with—

• (a) any Minister of the Crown for the time being responsible for a Crown body which is the owner of the settlement property; and

• (b) any Minister of the Crown who is a shareholder of such a body,—

acquire the property pursuant to Part 2 of the Public Works Act 1981 as if the property were land required for both government work and a public work, and Parts 2, 4, 5, 6, and 7 and Schedules 1, 3, 4, and 5 of that Act, subject to the modifications set out in Schedule 3 and to all other necessary modifications, apply accordingly.

(2) The settlement properties to which subsection (1) applies are the properties of a Crown body.

(3) The existence on the certificate of title to any settlement property acquired pursuant to subsection (1) of a memorial pursuant to any of the enactments referred to in section 463 must not be taken into account in any assessment of compensation made pursuant to the Public Works Act 1981 in relation to the acquisition of that settlement property.

(4) Where a lease of a settlement property acquired pursuant to subsection (1) has been, or is to be, granted to the body from whom the property is acquired, that lease must be taken into account in any assessment of compensation made pursuant to the Public Works Act 1981 in relation to the acquisition of that settlement property.

(5) In this section, Crown body has the meaning given to it in section 20(11).

The purpose of this Part is to provide for the legislative matters contemplated by section 5 (transfer of commercial properties—subject to deferred selection) of the deed of settlement.

(1) In this section, Hagley Nurses Home means the property described by that name in Schedule 4.

(2) Notwithstanding section 3 of the Christchurch Hospital Amendment Act 1928, the Crown may purchase or otherwise acquire, and may transfer to any Ngāi Tahu recipient, the Hagley Nurses Home for the purposes of the deed of settlement and, on such transfer,—

• (a) that section of that Act is repealed; and

• (b) the trust created by that section is cancelled; and

• (c) the fee simple estate in the Hagley Nurses Home is free of that trust and any other limitation imposed by that Act or the Christchurch Hospital Act 1887.

(3) On transfer of the Hagley Nurses Home to a Ngāi Tahu recipient pursuant to the deed of settlement and on receipt by the Registrar of a registrable memorandum of transfer, the Registrar must, without fee to the registered proprietor or the Ngāi Tahu recipient, note on the certificate of title to the Hagley Nurses Home, the words “No longer held in trust for a nurses' home and recreation ground subject to the provisions of section 3(2) of the Christchurch Hospital Amendment Act 1928.”

(1) In this section, Christchurch Court means the property described by that name in Schedule 4.

(2) If the Christchurch Court is transferred pursuant to the deed of settlement,—

• (a) Part 4A of the Conservation Act 1987 does not apply to the transfer; and

• (b) the Ngāi Tahu recipient must grant and do all other things necessary to create, in accordance with section 237B of the Resource Management Act 1991, an easement for an access strip over that part of Christchurch Court marked “Proposed ROW on Foot in Gross in favour of CCC” on Deed Map C8.

(1) In this section and section 27, Isle Street property means the property described by that name in Schedule 4.

(2) If Te Rūnanga o Ngāi Tahu selects the Isle Street property and complies with its settlement obligations in respect of the Isle Street property,—

• (a) the appointment of the Queenstown Lakes District Council to control and manage the Isle Street property as a reserve is revoked; and

• (b) the reservation of the Isle Street property as a reserve is revoked.

(3) As soon as reasonably practicable after the conditions in subsection (2) are met, the chief executive must notify that fact in the Gazette.

(1) In this section and section 27, Wanaka plantation means the property described by that name in Schedule 4.

(2) If Te Rūnanga o Ngāi Tahu selects the Wanaka plantation and complies with its settlement obligations in respect of the Wanaka plantation, then the reservation of the Wanaka plantation as a reserve is revoked.

(3) As soon as reasonably practicable after the conditions in subsection (2) are met, the chief executive must notify that fact in the Gazette.

(1) The Minister of Conservation may, from time to time by written notice to the Queenstown Lakes District Council, direct the Council to do anything that is necessary to enable the Crown to comply with its obligations to Te Rūnanga o Ngāi Tahu under the deed of settlement in respect of the Isle Street property and the Wanaka plantation.

(2) The Queenstown Lakes District Council must comply with a notice given under subsection (1).

The purpose of this Part is to provide for the legislative matters contemplated by section 6 (transfer of farm assets) of the deed of settlement.

In this Part,—

(1) Site A and Site B are excluded from the Fiordland National Park.

(2) The fee simple estate in Site A and in Site B is vested in Landcorp Farming Limited.

(3) Site A is included with the land comprised and described in certificate of title 10A/456 (Southland Land Registry).

(4) Site B is included with the land comprised and described in certificate of title 10A/448 (Southland Land Registry).

(5) The Registrar must make entries in the register and do all the things necessary to give effect to this section.

The purpose of this Part is to provide for the legislative matters contemplated by section 7 (transfer of forestry assets) of the deed of settlement.

In this Part, the following terms have the meaning given to them in section 7 of the deed of settlement:

• (a) Aoraki forest:

• (b) available Crown forestry assets:

• (c) Crown forest land:

• (d) forestry asset:

• (e) forestry right:

• (f) improvements:

• (g) land:

• (h) licensed land:

• (i) Ngāi Tahu Crown forestry licence:

• (j) trees.

Nothing in section 11 and Part 10 of the Resource Management Act 1991 applies to—

• (a) a transfer of forestry assets pursuant to section 7 of the deed of settlement; or

• (b) a grant of forestry rights over trees in the Aoraki forests pursuant to section 7 of the deed of settlement.

(1) In this section, Crown Forestry Rental Trust Deed means the trust deed made on 30 April 1990 establishing a forestry rental trust pursuant to section 34 of the Crown Forest Assets Act 1989.

(2) Crown forest land that is not licensed land and that is to be transferred to a Ngāi Tahu recipient pursuant to clause 7.3.13 of the deed of settlement is deemed to be licensed land for the purposes of section 8HB of the Treaty of Waitangi Act 1975.

(3) The transfer of Crown forest land pursuant to clause 7.3.13 of the deed of settlement is deemed to have been made pursuant to a final recommendation of the Waitangi Tribunal under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the land to Māori ownership so that, without limiting the effect of that deemed recommendation, the provisions of the Crown Forestry Rental Trust Deed and paragraph 4 of attachment 7.5 of the deed of settlement apply to give effect to section 7 of the deed of settlement.

(4) Section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the transfer of Crown forest land pursuant to clause 7.3.13 of the deed of settlement.

(5) Section 11(2) of the Crown Forest Assets Act 1989 does not apply to the transfer of trees and improvements to a Ngāi Tahu recipient pursuant to the deed of settlement if the land on which those assets are situated is also transferred to a Ngāi Tahu recipient pursuant to the deed of settlement.

Licensed land that is an available Crown forestry asset and that is not transferred pursuant to clause 7.3.13 of the deed of settlement is deemed to have been the subject of a final recommendation by the Waitangi Tribunal pursuant to section 8HB(1)(b) of the Treaty of Waitangi Act 1975 that the land not be liable to return to Māori ownership.

(1) This section applies if land relating to Aoraki forests is transferred pursuant to clause 7.3.13 of the deed of settlement, but trees and improvements on the land are retained by the Crown.

(2) At the time of a transfer pursuant to subsection (1), the Crown may reserve, or if not so reserved, the Ngāi Tahu recipient to whom the land is transferred must grant to the Crown, a Ngāi Tahu Crown forestry licence.

(3) The terms and conditions of a Ngāi Tahu Crown forestry licence reserved or granted pursuant to subsection (2) must be determined in accordance with clause 7.3.7 and clauses 7.3.9 to 7.3.11 of the deed of settlement.

(4) If the terms and conditions as determined pursuant to subsection (3) vary from the terms and conditions set out in the Crown Forest Assets Act 1989, the terms and conditions as determined prevail.

(5) The trees and improvements referred to in subsection (1) are to be regarded as assets separate from the land referred to in subsection (1) and capable of separate ownership.

(1) This section applies if trees and improvements on land relating to Aoraki forests are transferred pursuant to clause 7.3.13 of the deed of settlement, but the land on which those trees and improvements are situated is not so transferred.

(2) The Crown must grant a Ngāi Tahu Crown forestry licence to a Ngāi Tahu recipient in respect of the land referred to in subsection (1).

(3) The terms and conditions of a Ngāi Tahu Crown forestry licence granted pursuant to subsection (2) must be determined in accordance with clause 7.3.7 and clauses 7.3.9 to 7.3.11 of the deed of settlement.

(4) If the terms and conditions as determined pursuant to subsection (3) vary from the terms and conditions set out in the Crown Forest Assets Act 1989, the terms and conditions as determined prevail.

(5) Sections 18 to 28 and section 34 of the Crown Forest Assets Act 1989 do not apply to a Ngāi Tahu Crown forestry licence granted pursuant to subsection (2).

(6) The trees and improvements referred to in subsection (1) are to be regarded as assets separate from the land referred to in subsection (1) and capable of separate ownership.

(1) The Crown may sell or dispose of Crown forest land (whether licensed land or not) that is an available Crown forestry asset and that does not become a forestry asset pursuant to clause 7.3.11 of the deed of settlement.

(2) Subsection (1) applies notwithstanding sections 35 and 37 of the Crown Forest Assets Act 1989, but subject to section 8 of the deed of settlement and Part 9.

(1) The Crown may grant covenants, such as those contained in clause 4.3 of Part II of attachment 7.6 of the deed of settlement, for the purpose of facilitating the completion of a survey, deposit of any survey plan, or the adducing of clear title, in relation to a forestry asset that is to be transferred pursuant to the deed of settlement.

(2) Notwithstanding any enactment or rule of law, a covenant granted pursuant to subsection (1) may be registered with the Registrar pursuant to section 129A of the Property Law Act 1952 and, whether registered or not, has effect and is enforceable even if the covenant is positive or there is no dominant tenement.

Section 24H(6) of the Conservation Act 1987 applies to—

• (a) a Ngāi Tahu recipient in relation to any land and trees acquired from the Crown by that Ngāi Tahu recipient pursuant to the deed of settlement; and

• (b) the holder of a Ngāi Tahu Crown forestry licence granted pursuant to sections 36 or 37.

(1) The Minister of Conservation may grant any easements which the Minister is required to grant to enable the Crown to comply with clause 4.7 of attachment 7.6 of the deed of settlement.

(2) An easement granted pursuant to subsection (1) is enforceable in accordance with its terms, notwithstanding Part 3B of the Conservation Act 1987.

Amendment(s) incorporated in the Act(s).

The purpose of this Part is to provide for the legislative matters contemplated by section 8 (transfer of assets—general) of the deed of settlement.

In this Part, commercial settlement property means a settlement property which is to be, or which Te Rūnanga o Ngāi Tahu may select to be, transferred to a Ngāi Tahu recipient pursuant to sections 4 to 6 and section 8 of the deed of settlement.

Nothing in section 11 and Part 10 of the Resource Management Act 1991 applies to—

• (a) the transfer of a commercial settlement property for the purpose of giving effect to the deed of settlement; or

• (b) the lease of a commercial settlement property; or

• (c) any matter incidental to, or required for the purpose of, a transfer or lease of a commercial settlement property for the purpose of giving effect to the deed of settlement.

Where the fee simple estate in any commercial settlement property for which no certificate of title has been issued under the Land Transfer Act 1952—

• (a) is vested in, or held by, the Crown; but

• (b) is to be acquired by, or transferred to, a Ngāi Tahu recipient pursuant to the deed of settlement,—

then, notwithstanding any other enactment or rule of law, the Registrar must, at the request of the Commissioner of Crown Lands and after completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 for the fee simple estate in the commercial settlement property in the name of the Crown, and that certificate of title is subject to, and has the benefit of, any relevant easements, encumbrances, restrictions, and other interests, details of which must be set out in the request of the Commissioner.

The purpose of this Part is to provide for the legislative matters contemplated by section 9 (rights of first refusal) of the deed of settlement.

(1) In this Part, unless the context otherwise requires,—

(2) For the purposes of this Part, terms of disposal or of a contract or offer to dispose of relevant land are more favourable compared to other terms of disposal or of a contract or offer to dispose of relevant land if, from a purchaser's point of view, the first-mentioned terms of disposal or of the contract or offer to dispose of the relevant land (taken as a whole and including price) are more favourable compared to the second-mentioned terms of disposal or the contract or offer to dispose of the relevant land (taken as a whole and including price).

A Crown body (or a body that was a Crown body on 21 November 1997 or, if later, on the date which the body first acquired the relevant land concerned) must not dispose of or attempt to dispose of any relevant land except in accordance with this Part.

Section 49 does not apply to the disposal or attempted disposal of relevant land to—

• (a) another Crown body; or

• (b) Te Rūnanga o Ngāi Tahu or another person to give effect to the deed of settlement; or

• (c) a person who is entitled to receive an offer made pursuant to:

  • (i) section 207(4) of the Education Act 1989; or

  • (ii) section 23(1) or section 24(4) of the New Zealand Railways Corporation Restructuring Act 1990; or

  • (iii) section 40 of the Public Works Act 1981 or that section as applied by any other Act; or

• (d) the existing tenant of a house on relevant land that is—

  • (i) land held on 21 November 1997 for education purposes by the Crown; or

  • (ii) land held by a Crown body which, on 21 November 1997, had a policy under which houses that are to be sold are first offered for purchase by the existing tenants; or

• (e) a person who, immediately before the disposal, holds a legal right created on or before 21 November 1997 to purchase the land or to be granted a lease of the land or be offered the opportunity to purchase or lease the land; or

• (f) a person who, immediately before the disposal, holds a legal right created on or before 21 November 1997 to purchase the land under the terms of any gift, endowment, or trust relating to the land, or pursuant to any Act or rule of law; or

• (g) a person to whom the land is being disposed of pursuant to—

  • (i) section 16A of the Conservation Act 1987; or

  • (ii) section 24E of the Conservation Act 1987; or

  • (iii) section 15 of the Reserves Act 1977; or

  • (iv) an Act of Parliament that—

    • (A) excludes the land from a national park within the meaning of the National Parks Act 1980; and

    • (B) authorises the land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 or the National Parks Act 1980 or the Reserves Act 1977; or

• (h) a person to whom the relevant land is being disposed of pursuant to section 93(4) of the Land Act 1948; or

• (i) a person who was, prior to the date of disposal, the lessee of the relevant land under a lease granted pursuant to—

  • (i) section 66 of the Land Act 1948 on or before 21 November 1997; or

  • (ii) section 67 of the Land Act 1948 on or before 21 November 1997 and administered by the Commissioner of Crown Lands, being those leases described in Schedule 6; or

  • (iii) section 93(4) of the Land Act 1948; or

• (j) a trustee of a community trust the object or principal object of which is to provide, or arrange for the provision of, services within the meaning of the New Zealand Public Health and Disability Act 2000; or

• (k) a person to whom the land is being disposed of under—

  • (i) section 117(3) of the Public Works Act 1981 other than under the words “may be dealt with as Crown land under the Land Act 1948” in paragraph (b) of the subsection; or

  • (ii) section 119(2)(a) of the Public Works Act 1981; or

• (l) a person to whom the land is being disposed of by way of gift for charitable purposes; or

• (m) a person that is a port company (as defined in the Port Companies Act 1988) to which the relevant land (being land in a coastal marine area) is being disposed of pursuant to section 355(3) of the Resource Management Act 1991 for purposes essential to the operation of a port.

(1) The Crown body or other body concerned must give written notice to Te Rūnanga o Ngāi Tahu of a disposal of relevant land that section 50 applies to—

• (a) providing, in relation to the relevant land concerned, the information specified in section 53(a); and

• (b) identifying the person to whom the land is being disposed of; and

• (c) specifying the reasons why section 50 applies to the disposal.

(2) A notice pursuant to subsection (1) must be given,—

• (a) in the case of a disposal effected by a licensee paying off the whole of the purchase money under section 65(7) of the Land Act 1948, on the next working day after the disposal; and

• (b) in all other cases, not later than 10 working days before the disposal.

A Crown body (or a body that was a Crown body on 21 November 1997 or, if later, on the date on which the body first acquired the relevant land concerned) must give written notice to Te Rūnanga o Ngāi Tahu that it is considering the disposal of relevant land if—

• (a) the body has commenced the process of identifying whether or not it has obligations to any person as specified in section 50(c) to (f); or

• (b) has, by its action, demonstrated that it is considering whether to dispose of the relevant land.

A notice given pursuant to section 52 must—

• (a) provide—

  • (i) a legal description of the land, including its certificate of title (if it has one); and

  • (ii) the postal address of the land; or

  • (iii) if the land does not have a postal address, a narrative or diagrammatic description of the land containing sufficient information for a person who was not previously familiar with the land to locate and inspect the land; and

• (b) specify an address and fax number (if applicable) to either of which notices and communications can be sent for the purposes of this Part.

The giving of a notice pursuant to section 52 does not, of itself, mean that an obligation has arisen pursuant to—

• (a) section 207(4) of the Education Act 1989; or

• (b) section 23(1) or section 24(4) of the New Zealand Railways Corporation Restructuring Act 1990; or

• (c) section 40 of the Public Works Act 1981 or that section as applied by any other enactment.

(1) Te Rūnanga o Ngāi Tahu may, by notice in writing to the Crown body or other body concerned, waive its rights to acquire, in accordance with this Part, the relevant land specified in the notice.

(2) A notice given pursuant to subsection (1) may be given at any time after the date on which Te Rūnanga o Ngāi Tahu receives a notice pursuant to section 52.

(3) On and from the date on which the Crown body or other body concerned receives a notice pursuant to subsection (1), this Part ceases to apply to the relevant land specified in the notice.

(4) Te Rūnanga o Ngāi Tahu may, by notice in writing to the Crown body or other body concerned, waive its rights in respect of any disposal or attempted disposal.

(5) A notice given pursuant to subsection (4) may be given at any time after the date on which Te Rūnanga o Ngāi Tahu receives a notice pursuant to section 56(1)(b).

(6) On and from the date on which the Crown body or other body concerned receives a notice pursuant to subsection (4), this Part ceases to apply to the disposal or attempted disposal referred to in that notice.

(1) A Crown body or other body concerned must, before attempting to dispose of relevant land,—

• (a) if it has not given a notice pursuant to section 52, give a notice that contains, in relation to the relevant land concerned, the information specified in section 53; and

• (b) unless—

  • (i) it receives a notice pursuant to section 55(1) within 10 working days after receipt by Te Rūnanga o Ngāi Tahu of a notice pursuant to section 52 or subsection (1)(a); or

  • (ii) it has received a written notice from Te Rūnanga o Ngāi Tahu that Te Rūnanga o Ngāi Tahu agrees that the relevant land is special land,—

  give written notice to Te Rūnanga o Ngāi Tahu which provides, in relation to the relevant land concerned, the information specified in section 53(a); and which

  • (iii) offers to dispose of the relevant land to Te Rūnanga o Ngāi Tahu at the price and on the terms and conditions set out in the notice; or

  • (iv) includes a certificate complying with subsection (2).

(2) A certificate given pursuant to subsection (1)(b)(iv) must be given by a public valuer and state that, in the opinion of the public valuer, the relevant land is a property in respect of which a prudent vendor (intending to obtain the market price, terms and conditions for the property) would not make an offer to sell the property to another person based only on the public valuer's assessment of that price because—

• (a) there is insufficient comparable sales evidence; or

• (b) the public valuer cannot, without a reasonable doubt, determine—

  • (i) the highest and best use of the property; or

  • (ii) the class of potential purchasers,—

and that the property should therefore be treated as special land for the purposes of this Part.

(3) In relation to a proposed assignment of the right to receive any instalments payable pursuant to section 65 of the Land Act 1948, the Crown body or other body concerned may give only a disposal notice and not a special land notice.

Sections 58 to 63 apply if the Crown body or other body concerned gives a special land notice.

(1) If, within 3 working days after receipt by Te Rūnanga o Ngāi Tahu of a special land notice, the Crown body or other body concerned does not receive written notice from Te Rūnanga o Ngāi Tahu disputing the special land notice or if Te Rūnanga o Ngāi Tahu has given the Crown body or other body concerned written notice agreeing that the relevant land is special land, the relevant land is special land for the shorter of the periods specified in subsection (2) and sections 64 and 65 apply.

(2) The periods are—

• (a) the period of 2 years commencing on and from the date which is the sooner of—

  • (i) 3 working days after receipt by Te Rūnanga o Ngāi Tahu of the special land notice; or

  • (ii) the date on which Te Rūnanga o Ngāi Tahu otherwise gives written notice that it agrees that the relevant land is special land; and

• (b) the period of 10 months after the date of receipt by Te Rūnanga o Ngāi Tahu of a notice given pursuant to section 65.

If the Crown body or other body concerned receives a notice disputing a special land notice, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu must attempt to appoint jointly a public valuer to determine whether or not the relevant land concerned is special land.

If, within 3 working days after receipt by the Crown body or other body concerned of the notice specified in section 59, a public valuer has not been appointed pursuant to section 59, the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu may request the President of the New Zealand Institute of Valuers to appoint a public valuer to determine whether or not the relevant land concerned is special land.

As soon as practicable after receiving the request, the President of the New Zealand Institute of Valuers (or the President's nominee) must appoint a public valuer who is suitably experienced and independent, and immediately notify the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that appointment.

(1) A public valuer is properly appointed pursuant to section 59 or section 61 only if the public valuer has, in writing, accepted the appointment on the basis that such appointment requires the public valuer to comply with the provisions of this Part relevant to the public valuer's appointment.

(2) A public valuer appointed pursuant to section 59 or section 61 must, within 5 working days after being appointed, determine whether or not the relevant land is special land.

(3) The public valuer must, before making his or her determination, provide the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu with the opportunity to make submissions, but only if this does not have, in the public valuer's opinion, the effect of extending the 5-working day period referred to in subsection (2).

(4) On making a determination, the public valuer must immediately give notice in writing to the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that determination.

(5) If requested by the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu at any time within 5 working days after notification of the determination, the public valuer must give written reasons for the determination and the party making the request must pay the public valuer's reasonable fees and costs for giving such reasons.

(1) If the public valuer determines that the relevant land is special land, the land is special land for the shorter of the following periods:

• (a) the period of 2 years commencing on the day after the date of notification to Te Rūnanga o Ngāi Tahu of the determination:

• (b) the period of 10 months after the date of receipt by Te Rūnanga o Ngāi Tahu of a notice given pursuant to section 65,—

and sections 64 and 65 apply.

(2) If the public valuer determines that the relevant land is not special land, the Crown body or other body concerned must not give a special land notice during the period of 2 years commencing on the day after the date of notification to Te Rūnanga o Ngāi Tahu of the determination.

A Crown body or other body concerned may attempt to dispose of special land, but must not—

• (a) dispose of the special land except in accordance with any of sections 72, 73, 80, and 83; or

• (b) enter into an agreement or dispose of the special land, unless the agreement is expressed to be conditional on—

  • (i) the Crown body or other body concerned first complying with sections 65 and 67; and

  • (ii) section 72 or section 80 applying.

(1) A Crown body or other body concerned must, before disposing of any special land, give written notice to Te Rūnanga o Ngāi Tahu.

(2) The notice must—

• (a) provide, in relation to the special land concerned, the information specified in section 53(a); and

• (b) state the price and other proposed terms and conditions of disposal; and

• (c) offer to dispose of the special land to Te Rūnanga o Ngāi Tahu at that price and on those terms and conditions.

Where, within 1 month after the date on which Te Rūnanga o Ngāi Tahu receives a disposal notice or a notice pursuant to section 65 from a Crown body or other body concerned, Te Rūnanga o Ngāi Tahu—

• (a) accepts the offer set out in the notice by giving written notice of acceptance to the Crown body or other body concerned; or

• (b) otherwise agrees with the Crown body or other body concerned in writing to purchase the land concerned,—

a contract for the sale and purchase of that land is thereby constituted between the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and that contract may be enforced accordingly.

During the 1-month period specified in section 66, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and their respective representatives must negotiate in good faith to attempt to conclude an agreement for sale and purchase of the relevant land.

Section 67 does not require—

• (a) Te Rūnanga o Ngāi Tahu to make an offer or accept an offer made to it in a disposal notice or pursuant to section 65 or during the negotiations referred to in section 67; or

• (b) the Crown body or other body concerned—

  • (i) to make any other offer; or

  • (ii) to accept any offer made to it during the negotiations referred to in section 67; or

  • (iii) to alter its judgment that any existing agreement entered into pursuant to section 64(b) is not more favourable than any such offer; or

• (c) the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu to act in a manner that is inconsistent with their respective commercial interests.

If a contract for the sale and purchase of the relevant land concerned has not been constituted pursuant to section 66 and the Crown body or other body concerned has complied with section 67, the Crown body or other body concerned—

• (a) may, at any time during the period of 9 months after the expiry of 1 month after the date of receipt by Te Rūnanga o Ngāi Tahu of the disposal notice or a notice pursuant to section 65, attempt to dispose of the land if the terms of the disposal are not more favourable than the benchmark terms, but must not—

  • (i) effect a disposal of the land except in accordance with any of sections 72, 73, 80, and 83; or

  • (ii) enter into an agreement to dispose of the land unless that agreement is expressed to be conditional on section 73 or section 80 applying; and

• (b) must not dispose of, or attempt to dispose of, the land (whether or not it is special land), after the expiry of that 9-month period without first complying in full with the requirements of this Part.

If a Crown body or other body concerned enters into an agreement subject to section 64(b), the Crown body or other body concerned may give written notice to Te Rūnanga o Ngāi Tahu of the agreement and, in that notice, disclose the terms of the agreement, and must give such notice before giving effect to the agreement for the purpose of section 72.

Immediately after entering into an agreement that is subject to section 69(a)(ii), the Crown body or other body concerned must give written notice to Te Rūnanga o Ngāi Tahu of the agreement and, in that notice, disclose the terms of the agreement.

(1) If the Crown body or other body concerned does not receive, in accordance with subsection (2), written notice from Te Rūnanga o Ngāi Tahu stating that, in Te Rūnanga o Ngāi Tahu's opinion, the terms of the agreement that is subject to section 64(b) are more favourable than the benchmark terms, the Crown body or other body concerned may dispose of the relevant land in accordance with the agreement.

(2) For the purposes of subsection (1), the notice must be received within the later of—

• (a) 3 working days after receipt by Te Rūnanga o Ngāi Tahu of the notice referred to in section 70; and

• (b) 3 working days after the expiry of the 1 month specified in section 66.

If, within 3 working days after receipt by Te Rūnanga o Ngāi Tahu of a notice pursuant to section 71, the Crown body or other body concerned does not receive written notice from Te Rūnanga o Ngāi Tahu stating that, in its opinion, the terms of the agreement are more favourable than the benchmark terms, the Crown body or other body concerned may dispose of the relevant land in accordance with the terms of that agreement as disclosed to Te Rūnanga o Ngāi Tahu.

If the Crown body or other body concerned receives a notice pursuant to section 72 or section 73 within the periods specified in those sections, sections 75 to 83 apply.

The Crown body or other body concerned and Te Rūnanga o Ngāi Tahu must attempt to appoint jointly a suitably qualified and experienced independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms.

(1) If, within 2 working days after receipt by the Crown body or other body concerned of the notice referred to in section 72 or section 73, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu cannot agree on the independent person to be appointed pursuant to section 75,—

• (a) if the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu can agree on another person to make the appointment, the Crown body or other body concerned must request that person to appoint an independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms; or

• (b) if the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu cannot agree on another person to make the appointment or that person has not accepted appointment, the Crown body or other body concerned must request the President of the New Zealand Law Society to appoint an independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms.

(2) A person is properly appointed pursuant to subsection (1) only if the person has accepted that the appointment requires the person to comply with section 77.

After receipt of the request, the person agreed pursuant to section 76(1)(a) or the President of the New Zealand Law Society (or his or her nominee), as the case may be, must as soon as practicable appoint a suitably qualified and experienced independent person, and immediately notify the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that appointment.

(1) An independent person is properly appointed pursuant to section 75 or section 77 only if the person has, in writing, accepted the appointment on the basis that such appointment requires the person to comply with the provisions of this Part relevant to the person's appointment.

(2) The independent person appointed pursuant to section 75 or section 77 must, within 5 working days after being appointed, determine whether or not the terms of the agreement are more favourable than the benchmark terms.

(3) The independent person must, before making a determination, provide the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu with the opportunity to make submissions, but only if this does not have the effect, in the independent person's opinion, of extending the 5-working day period referred to in subsection (2).

(4) On making a determination, the independent person must immediately give notice in writing to the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that determination.

(5) If requested by the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu at any time within 5 working days after notification of the determination, the independent person must give written reasons for the determination and the party making the request must pay the independent person's reasonable fees and costs for giving such reasons.

(1) The Crown body or other body concerned or Te Rūnanga o Ngāi Tahu may, at any time after the date of a notice given pursuant to section 56 in respect of any relevant land, require, by notice to the other of them, the appointment of an independent person pursuant to sections 75 to 77 in anticipation of a possible future reference to such a person pursuant to section 75.

(2) If a notice is given pursuant to subsection (1), sections 75 to 77 apply, and any reference pursuant to section 75 that occurs within 9 months after the appointment must be to the person so appointed unless, before the date of the reference, the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu has given notice to the other withdrawing its approval of the person so appointed.

(3) For the purposes of section 78, the date of appointment of a person appointed pursuant to this section is deemed to be the date of the reference pursuant to subsection (2).

If the independent person appointed pursuant to section 75 or section 77 determines that the terms of the agreement are not more favourable than the benchmark terms, the Crown body or other body concerned may dispose of the relevant land in accordance with the agreement.

If the independent person's determination is that the terms of the agreement are more favourable than the benchmark terms, sections 82 and 83 apply.

(1) If, within 5 working days after receipt by Te Rūnanga o Ngāi Tahu of the independent person's determination, the Crown body or other body concerned receives a notice from Te Rūnanga o Ngāi Tahu stating that it wishes to purchase the relevant land concerned on the terms of the agreement, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase of the land, and the agreement is enforceable as a contract.

(2) The date on which the parties must settle under the contract is 10 working days after the date on which the Crown body or other body concerned receives a notice pursuant to subsection (1) or such later date as may have been specified in the agreement which was determined to have been on more favourable terms.

If the Crown body or other body concerned does not receive a notice in accordance with section 82, the Crown body or other body concerned may dispose of the relevant land concerned in accordance with the agreement.

Where a Crown body or other body concerned—

• (a) has offered to sell any relevant land to Te Rūnanga o Ngāi Tahu in a disposal notice or a notice pursuant to section 65; and

• (b) proposes to offer that land for sale again, but on terms more favourable to the purchaser than the terms of the first offer,—

the Crown body or other body concerned may do so only if it first offers the land for sale on the more favourable terms to Te Rūnanga o Ngāi Tahu in a disposal notice or a notice pursuant to section 65; and sections 66 to 83 and this section apply to the offer.

Nothing in this Part affects or derogates from, and the rights and obligations created by this Part are subject to,—

• (a) the terms of any gift, endowment, or trust existing on 21 November 1997 and relating to relevant land or any improvements on that land; and

• (b) the rights of any holders of mortgages over, or of security interests in, relevant land or any improvements on that land; and

• (c) any other enactment or rule of law that must be complied with before relevant land is disposed of; and

• (d) any feature of the title to any relevant land that prevents or limits a Crown body's or other body's right to transfer the land or any improvements on the land; and

• (e) any legal requirement that limits a Crown body's or other body's ability to sell or otherwise dispose of any relevant land or any improvements on that land and which the Crown body or other body cannot satisfy after taking reasonable steps to do so (and, for the avoidance of doubt, taking reasonable steps does not include initiating a change in the law).

Subject to sections 87 and 88, nothing in this Part affects or derogates from the right of a Crown body to sell or otherwise dispose of another Crown body, or requires a Crown body to offer to Te Rūnanga o Ngāi Tahu any Crown body that is to be sold or otherwise disposed of.

In section 88, unless the context otherwise requires,—

(1) This section applies if a Crown body disposes of any relevant land to a new Crown owner that is a subsidiary of the Crown body or a subsidiary of the Crown body's holding company and a change of control occurs during the year after the date of disposal.

(2) The new Crown owner, on becoming aware of that change of control, must immediately give Te Rūnanga o Ngāi Tahu—

• (a) notice of the change of control; and

• (b) an irrevocable offer to dispose of the acquired land on such terms and conditions (including price) to be determined pursuant to subsections (6) to (15).

(3) If the new Crown owner fails to comply with subsection (2), Te Rūnanga o Ngāi Tahu, acting on behalf of the new Crown owner, no later than 20 working days after the date on which Te Rūnanga o Ngāi Tahu became aware of the change of control, may prepare an offer and give a copy to the new Crown owner which offers to sell the acquired land to Te Rūnanga o Ngāi Tahu. The offer prepared by Te Rūnanga o Ngāi Tahu must be unconditional and must be for all of the acquired land on terms and conditions (including price) to be determined pursuant to subsections (6) to (15).

(4) If Te Rūnanga o Ngāi Tahu fails to prepare an offer and give a copy to the new Crown owner within the time specified in subsection (3), it will be deemed to have given its written approval to the act, omission, or arrangement that constitutes the change of control.

(5) Sections 67 and 68 apply to an offer made pursuant to subsection (2)(b) or (3) as if the period referred to in section 67 was the period of 1 month commencing on the date of receipt of the offer.

(6) If the new Crown owner and Te Rūnanga o Ngāi Tahu agree on all terms and conditions (including price) within that 1-month period, then the new Crown owner and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase on those terms and conditions (including price), and the agreement is enforceable as a contract.

(7) If the new Crown owner and Te Rūnanga o Ngāi Tahu cannot agree on all the terms and conditions (including price) by the end of the 1-month period then—

• (a) Te Rūnanga o Ngāi Tahu may, within a further period of 5 working days, refer any matter that is not agreed to arbitration in accordance with subsections (11) to (15); and

• (b) once the terms and conditions (including price) have been agreed or determined by arbitration, Te Rūnanga o Ngāi Tahu must, if it wishes to accept the offer so determined, give notice to the new Crown owner of its acceptance of the offer within 5 working days after notice of the determination of the arbitrator has been given to Te Rūnanga o Ngāi Tahu.

(8) If Te Rūnanga o Ngāi Tahu gives such notice of acceptance to the new Crown owner, then the new Crown owner and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase on those terms and conditions (including price), and the agreement is enforceable as a contract.

(9) Subsection (10) applies if,—

• (a) at the end of the 5-working day period specified in subsection (7)(a), the new Crown owner and Te Rūnanga o Ngāi Tahu have not agreed on all terms and conditions (including price) and Te Rūnanga o Ngāi Tahu has not referred that matter to arbitration; or

• (b) at the end of the 5-working day period referred to in subsection 7(b), Te Rūnanga o Ngāi Tahu has not notified its acceptance.

(10) Te Rūnanga o Ngāi Tahu is deemed to have given its written approval to the act, omission, or arrangement referred to in the definition of change of control in section 87, but the requirements of this Part apply to any disposal or attempted disposal of the acquired land by the new Crown owner.

(11) If the new Crown owner and Te Rūnanga o Ngāi Tahu cannot agree on all terms and conditions (including price) for the offer given pursuant to subsections (2) or (3) and the matters that are not agreed are referred to arbitration pursuant to subsection 7(a), then the arbitration must be conducted in accordance with the Arbitration Act 1996.

(12) Te Rūnanga o Ngāi Tahu may commence the arbitration referred to in subsection (11) by giving a notice to the new Crown owner.

(13) The arbitration must be conducted—

• (a) by 1 arbitrator, if the new Crown owner and Te Rūnanga o Ngāi Tahu can agree on an arbitrator; or

• (b) failing agreement, by 3 arbitrators, 1 to be appointed by the new Crown owner and 1 to be appointed by Te Rūnanga o Ngāi Tahu and 1 to be appointed by the arbitrators appointed by the new Crown owner and Te Rūnanga o Ngāi Tahu before they begin to consider the dispute.

(14) The terms of appointment of an arbitrator must include requirements that—

• (a) the determination must be in the form of a written contract for sale and purchase of the acquired land incorporating all those terms and conditions (including price) that have already been agreed by the parties, if any, and also such other terms and conditions (including price) that would have been agreed by a willing seller with a willing buyer, each with equal bargaining strength and neither having the ability to impose terms on the other; and

• (b) the determination is made within 20 working days after the appointment of the arbitrator or arbitrators; and

• (c) the arbitrator or arbitrators must immediately notify the parties of the determination; and

• (d) the arbitrator or arbitrators must not disclose confidential information provided to the arbitrator or arbitrators in the course of the arbitration.

(15) Te Rūnanga o Ngāi Tahu and the new Crown owner are bound by the award in the arbitration, but nothing in this subsection affects the rights of Te Rūnanga o Ngāi Tahu pursuant to subsection (7)(b).

A public valuer appointed pursuant to section 59 or section 61 or an independent person appointed pursuant to section 75 or section 77 is to be regarded as acting as an expert and not an arbitrator, and nothing in this Part nor his or her appointment is to be regarded as a submission to arbitration or an arbitration agreement, and a public valuer's or an independent person's determination is final and binding on Te Rūnanga o Ngāi Tahu and on the Crown body or other body concerned.

(1) The cost of the public valuer's determination pursuant to section 62 must be borne equally by the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu unless the public valuer makes a determination pursuant to subsection (2).

(2) The public valuer may determine that, because of the conduct of the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu, the cost of the determination must be borne as determined by the public valuer.

The cost of an independent person's determination pursuant to section 78 must be borne—

• (a) by the Crown body or other body concerned if the determination is that the terms of the agreement with the other person are more favourable than the benchmark terms; or

• (b) by Te Rūnanga o Ngāi Tahu if the determination is that the terms of the agreement with the other person are not more favourable than the benchmark terms.

(1) Any notice or other communication to be given by Te Rūnanga o Ngāi Tahu must be given in writing addressed to the recipient at the address or fax number notified by the recipient pursuant to section 53(b) or any other address or fax number subsequently notified in writing by the recipient to Te Rūnanga o Ngāi Tahu.

(2) Any notice or other communication to be given to Te Rūnanga o Ngāi Tahu must be given in writing addressed to Te Rūnanga o Ngāi Tahu at its head office or fax number at that address or any other address or fax number subsequently notified by Te Rūnanga o Ngāi Tahu in writing to the person giving the notice.

(3) Any such notice or other communication may be given by hand, by prepaid post, or by fax.

(4) A notice or other communication given by hand is deemed to have been received at the same time it was given, but if not given on a working day or given after 5 pm on a working day, the notice or other communication is deemed to have been given on the next working day.

(5) A notice or other communication given by prepaid post is deemed to have been received on the second working day after posting.

(6) A notice or other communication given by fax is deemed to have been received on the day of transmission, but if not transmitted on a working day or transmitted after 5 pm on a working day, the notice or other communication is deemed to have been received on the next working day after transmission.

Notwithstanding any other enactment or rule of law, no court or tribunal has jurisdiction to inquire into, or to make any finding or recommendation in respect of—

• (a) a determination made pursuant to any of sections 62, 78, and 90(2); or

• (b) an appointment made pursuant to section 61 or section 77.

(1) This Part does not prevent a Crown body from withdrawing a notice given pursuant to section 52 or section 56.

(2) A Crown body must comply with this Part if it decides, after withdrawing a notice pursuant to section 52 or section 56, to attempt to dispose of the relevant land.

(3) This section applies subject to section 88.

(1) This Part does not prevent any Ngāi Tahu participant from participating in any sales process relating to any relevant land independently of the right of first refusal set out in this Part.

(2) Te Rūnanga o Ngāi Tahu must give notice to the Crown body or other body concerned if any Ngāi Tahu participant intends to participate in any such sales process.

(3) If a Ngāi Tahu participant participates in such a sales process, then the Crown body or other body concerned may enter into a contract to dispose of relevant land and give effect to that contract to the Ngāi Tahu participant without further compliance with this Part, but if the contract does not proceed to settlement for any reason (other than default by the Ngāi Tahu participant), this Part applies to any future disposal or attempted disposal by the Crown body or other body concerned of the relevant land.

(4) If the Crown body or other body concerned wishes to dispose of the relevant land after a sales process in which a Ngāi Tahu participant has participated, the fact that the Ngāi Tahu participant has participated in the sales process does not affect or derogate from the obligations of the Crown body or other body concerned pursuant to this Part except as provided in subsection (3).

(5) For the purposes of this section, Ngāi Tahu participant means Te Rūnanga o Ngāi Tahu, or any party associated with Te Rūnanga o Ngāi Tahu and any consortium in which Te Rūnanga o Ngāi Tahu or any such associated party is a participant and in respect of which Te Rūnanga o Ngāi Tahu has given notice pursuant to subsection (2).

(1) Nothing in this Part prevents a Crown body or other body concerned from attempting to dispose of, or from disposing of, together more than 1 parcel of relevant land, or 1 or more parcels of relevant land together with other land, but this Part applies to any such attempted disposal or disposal.

(2) For the purposes of this Part, the terms of an agreement with another person to dispose of land that—

• (a) comprises 1 or more but not all of the parcels of land which were the subject of a disposal notice or a notice pursuant to section 65; and

• (b) was not itself the subject of a separate disposal notice or notice pursuant to section 65,—

are deemed to be more favourable than the benchmark terms arising out of the disposal notice or the notice given pursuant to section 65.

This Part ceases to apply to an estate in relevant land if the estate in relevant land—

• (a) is transferred to Te Rūnanga o Ngāi Tahu, pursuant to section 66 or section 82; or

• (b) becomes subject to an agreement for the sale and purchase between the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and the transfer fails to occur by reason of a default by Te Rūnanga o Ngāi Tahu; or

• (c) is transferred (without breaching this Part) to any person who is not a Crown body.

(1) As soon as reasonably practicable after the date on which this Act comes into force and after the date on which any land subsequently becomes relevant land, the chief executive must issue to the Registrar 1 or more certificates that refer to this section and that identify all the certificates of title and registered leases for the relevant land for which certificates of title have been issued or leases registered at that date.

(2) As soon as reasonably practicable after the date on which a certificate of title is issued or lease is registered for any relevant land, being a date after this Act comes into force, the chief executive must issue to the Registrar a certificate that identifies the certificate of title or registered lease concerned.

(3) As soon as reasonably practicable after receiving a certificate from the chief executive pursuant to subsection (1) or subsection (2), the Registrar must, without fee to Te Rūnanga o Ngāi Tahu or the registered proprietor, note on the register copy of the certificate of title to the land or on the register copy of the registered lease to which the certificate from the chief executive relates, the words “Subject to Part 9 of the Ngāi Tahu Claims Settlement Act 1998 (which provides for certain disposals relating to the land to which this certificate of title relates to be offered for purchase or lease to Te Rūnanga o Ngāi Tahu in certain circumstances).”

(4) It is not necessary for the Registrar to record the entry, referred to in subsection (3), on the duplicate of the certificate of title or registered lease.

(1) Where any relevant land for which a certificate of title has been issued or a lease registered is to be transferred (without breaching this Part) to any person other than a Crown body,—

• (a) the transferor must notify the chief executive of the transfer; and

• (b) the chief executive must, before registration of the transfer, issue to the Registrar a certificate stating that the land is to be so transferred and identifying the certificate of title or registered lease concerned.

(2) On receipt of a certificate pursuant to subsection (1) together with a registrable memorandum of transfer, the Registrar must, before registration of the transfer, without fee to Te Rūnanga o Ngāi Tahu or the registered proprietor, delete by endorsement the words previously noted on the certificate of title or registered lease for the land pursuant to section 98(3).

When the chief executive issues a certificate to the Registrar pursuant to section 98(1) or section 99(1)(b), the chief executive must send a copy of the certificate to Te Rūnanga o Ngāi Tahu.

This Part provides for the legislative matters contemplated by section 10 (high country stations) of the deed of settlement.

In this Part,—

The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as reasonably practicable after the effective date, give notice of that date in the Gazette.

(1) In this section, Caples Valley area and Greenstone Valley area mean the areas identified by those names on the area plan.

(2) The covenants included in the deeds of covenant referred to in clause 10.5.1(a) to (e) of the deed of settlement are deemed to have been entered into pursuant to section 77 of the Reserves Act 1977.

(3) The easements referred to in clause 10.5.1(f) and (g) of the deed of settlement are deemed to have been acquired by the Minister of Conservation pursuant to section 12 of the Reserves Act 1977.

(4) Notwithstanding any enactment or rule of law, the covenants to provide public foot access to and over the Caples Valley area and the Greenstone Valley area provided for in the deeds of covenant referred to in clause 10.5.1(a) and clause 10.5.1(b) of the deed of settlement, are legally effective and enforceable by the Crown.

(1) The Land Act 1948 and any other enactment governing the transfer of land by the Crown and the entry by the Crown into a lease of land do not apply to any of the following:

• (a) the transfer of land as required by section 10 of the deed of settlement:

• (b) the taking of a lease of any leaseback conservation area:

• (c) the giving of effect to clause 6 of the deed of gift referred to in clause 10.3 of the deed of settlement.

(2) For the avoidance of doubt, the following are dispositions of land by the Crown for the purposes of Part 4A of the Conservation Act 1987:

• (a) the transfer of land as required by section 10 of the deed of settlement:

• (b) the giving of effect to clause 6 of the deed of gift referred to in clause 10.3 of the deed of settlement.

(3) If no certificate of title has been issued under the Land Transfer Act 1952 for land required to be transferred by section 10 of the deed of settlement, then, notwithstanding any other enactment or rule of law, the Registrar must, at the request of the Commissioner of Crown Lands and after completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 for the fee simple estate in the land in the name of the Crown, and that certificate of title is subject to, and has the benefit of, any relevant easements, encumbrances, restrictions, and other interests, details of which must be set out in the request of the Commissioner.

Nothing in section 11 and Part 10 of the Resource Management Act 1991 applies to anything done for the purposes of section 10 of the deed of settlement.

(1) On and from the effective date, the Minister of Conservation holds and manages the leaseback conservation areas as conservation areas pursuant to section 7(2) of the Conservation Act 1987, subject to any lease entered into pursuant to clause 10.7 of the deed of settlement (which is enforceable in accordance with its terms).

(2) On and from the effective date, the leaseback conservation areas are not rateable under the Local Government (Rating) Act 2002.

(1) In this section,—

(2) The Minister of Conservation must not grant a concession over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion).

(3) The Minister of Conservation or other Minister or other representative of the Crown must not grant any permission similar to a concession to carry on a commercial activity over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion).

(4) The Crown must not undertake any Crown commercial activity over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion).

(5) Upon receipt of an application for a concession or permission to which subsection (2) or (3) applies, the Minister of Conservation (or other Minister or representative of the Crown) must—

• (a) refer the application to Te Rūnanga o Ngāi Tahu as soon as reasonably practicable after receipt of the application; and

• (b) notify the applicant that it has done so; and

• (c) notify the applicant that the concession or permission cannot be granted, or the relevant activity commenced, without the consent of Te Rūnanga o Ngāi Tahu.

(6) The Minister of Conservation may process an application for a concession or permission to which subsection (2) or (3) applies while Te Rūnanga o Ngāi Tahu considers whether it will consent to the granting of the concession or permission but must not publicly notify such an application before the consent of Te Rūnanga o Ngāi Tahu has been given.

(7) In addition to the fee charged by the Minister of Conservation for the processing of any application for a concession or permission to which subsection (2) or (3) applies, the Minister of Conservation will charge to the applicant and upon receipt of payment pay to Te Rūnanga o Ngāi Tahu, its fee for processing the request.

(8) Te Rūnanga o Ngāi Tahu's fee referred to in subsection (7) must, unless agreed otherwise by the Minister of Conservation and Te Rūnanga o Ngāi Tahu, be an amount equal to 25% of the aggregate of the Minister of Conservation's fee and Te Rūnanga o Ngāi Tahu's fee.

(9) Te Rūnanga o Ngāi Tahu's fee—

• (a) is to be treated as costs to which section 60B(1) of the Conservation Act 1987 applies; and

• (b) must be paid by the applicant as required under section 60B(1)(c) of that Act; and

• (c) may be recovered by the Director-General in the manner specified in section 60B(1)(d) of that Act.

(10) Part 3B of the Conservation Act 1987 applies to the grant of any concession to which subsection (2) applies, subject to the requirements of this section.

(1) The Director-General of Conservation must consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu in respect of the preparation of every conservation management strategy or conservation management plan that affects any of the leaseback conservation areas or the gift areas.

(2) The terms of a conservation management strategy or conservation management plan that affect a leaseback conservation area must, unless Te Rūnanga o Ngāi Tahu and the Director-General agree otherwise, be consistent with the terms of the lease of the leaseback conservation area.

(3) The terms of a conservation management strategy or conservation management plan that affect a gift area must, unless Te Rūnanga o Ngāi Tahu and the Director-General agree otherwise, be consistent with the terms of the deed of gift referred to in clause 10.3 of the deed of settlement.

(4) If, at the effective date, a conservation management plan or conservation management strategy to which this section applies has been prepared but not approved by the New Zealand Conservation Authority, the New Zealand Conservation Authority—

• (a) must either make such amendments to the conservation management plan or conservation management strategy as are necessary to make it comply with subsections (2) and (3), or obtain the agreement of Te Rūnanga o Ngāi Tahu to the inconsistency; and

• (b) may approve the conservation management plan or conservation management strategy only after it has complied with paragraph (a).

(1) In this section, Home Hill area means the area identified by that name on the area plan.

(2) The Minister of Conservation may do all such things as are necessary or desirable to comply with, and enforce, clause 9 of the grazing licence over Mararoa Valley area and the Home Hill area referred to in clause 10.14.10 of the deed of settlement.

(1) In this section,—

• (a) Elfin Bay area means the area identified as the site of the Elfin Bay Wharf as shown on allocation plan HC 518 (SO 24746 (Otago Land District) and SO 12269 (Southland Land District)); and

• (b) Greenstone Wharf area means the area identified as the site of the Greenstone Wharf as shown on allocation plan HC 517 (SO 24746 (Otago Land District) and SO 12269 (Southland Land District)).

(2) The Minister of Conservation may grant—

• (a) the grazing licence referred to in clause 10.8 of the deed of settlement; and

• (b) the stock access easements referred to in clause 10.9.1 of the deed of settlement; and

• (c) the licences over the Elfin Bay area and the Greenstone Wharf area referred to in clause 10.11 of the deed of settlement; and

• (d) the licence and easement over the area around McKellar Lodge referred to in paragraph 7.3 of attachment 10.20 of the deed of settlement.

(3) The licences and easements referred to in subsection (2) are enforceable in accordance with their terms, notwithstanding Part 3B of the Conservation Act 1987.

(1) The Minister of Conservation and the chief executive may grant the licences referred to in clauses 10.9.2 and 10.9.3 of the deed of settlement.

(2) The licences referred to in subsection (1) are enforceable in accordance with their terms, notwithstanding Part 3B of the Conservation Act 1987.

(1) In this section, roads means all of the roads in the Mararoa Valley Area.

(2) If the Southland District Council agrees in writing, the roads are stopped.

(3) The fee simple estate in the roads is vested in Te Rūnanga o Ngāi Tahu.

(4) The date on which the roads are stopped and the fee simple estate in the roads is vested in Te Rūnanga o Ngāi Tahu by subsections (2) and (3) is the later of—

• (a) the effective date; or

• (b) the date on which this Act comes into force pursuant to section 1; or

• (c) the date on which the chief executive notifies the stopping and vesting of the roads in the Gazette pursuant to subsection (5).

(5) As soon as reasonably practicable after the Southland District Council notifies the chief executive that it agrees to the stopping of the roads by subsection (2), the chief executive must notify in the Gazette—

• (a) the stopping of the roads by subsection (2); and

• (b) the vesting of the roads by subsection (3).

No gift duty is payable by Te Rūnanga o Ngāi Tahu in respect of—

• (a) the transfer of the gift areas by Te Rūnanga o Ngāi Tahu to the Crown under clause 10.3 of the deed of settlement; or

• (b) the lease of the leaseback conservation areas under clause 10.7 of the deed of settlement.

On the effective date,—

• (a) the reservation of Lake Rere reserve (as defined in the Gazette 1891, page 1050) as a reserve is revoked; and

• (b) the area shown as Lake Rere reserve on the area plan is deemed to be declared as a reserve, and classified as a recreation reserve pursuant to the Reserves Act 1977.

On the effective date, the area shown on allocation plan HC 528 (SO 24801 (Otago Land District) and SO 12277 (Southland Land District)) as the conservation area is deemed to be a conservation area held for conservation purposes, pursuant to section 7 of the Conservation Act 1987.

The purpose of this Part is to provide for the legislative matters contemplated by section 11 (mahinga kai—transfer and vesting of properties) of the deed of settlement.

Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date.

In this Part, maimai means any hide or shelter for the purpose of game-bird hunting and any wheeled mobile hide or shelter that is parked temporarily for the same purpose (but does not include a portable hide or shelter that is built and removed on the same day).

(1) In this section, Tuku Tuku Iwi means the land described by that name in Part A of Schedule 7.

(2) The reservation of Tuku Tuku Iwi as a reserve is revoked.

(3) The fee simple estate in Tuku Tuku Iwi is vested in Te Rūnanga o Ngāi Tahu.

(1) In this section and section 122, Te Parinui o Whiti means the land described by that name in Part A of Schedule 7.

(2) Te Parinui o Whiti ceases to be a conservation area.

(3) The fee simple estate in Te Parinui o Whiti is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Te Parinui o Whiti described in Part A of Schedule 7.

(4) For the purposes of section 471, the vesting by subsection (3) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

(1) Section 129B of the Property Law Act 1952 does not apply to Te Parinui o Whiti.

(2) Neither the Crown nor any other person is obliged to provide or facilitate access for Te Rūnanga o Ngāi Tahu to Te Parinui o Whiti.

(1) In this section, Sinclair Wetlands means the land described by that name in Part A of Schedule 7.

(2) The fee simple estate in Sinclair Wetlands is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Sinclair Wetlands described in Schedule 7.

(3) For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

(4) For the purposes of section 77A of the Reserves Act 1977 only, Sinclair Wetlands is deemed to be Māori land.

(1) In this section and in section 177, Te Waiomākua means the land described by that name in Part A of Schedule 7.

(2) The reservation of Te Waiomākua as a reserve is revoked.

(3) The fee simple estate in Te Waiomākua is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Te Waiomākua described in Part A of Schedule 7.

(4) For the purposes of section 471, the vesting by subsection (3) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

(1) In this section, Greenpark Huts means the land described by that name in Part A of Schedule 7.

(2) Greenpark Huts ceases to be a conservation area.

(3) The fee simple estate in Greenpark Huts is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Greenpark Huts described in Part A of Schedule 7.

(1) In this section, Motutapu means the land described by that name in Part A of Schedule 7.

(2) The fee simple estate in Motutapu is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Motutapu described in Part A of Schedule 7.

(3) For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

(1) In this section and sections 128 to 130, Ōkeina (Okains Bay) means the land described by that name in Part A of Schedule 7.

(2) The appointment of Banks Peninsula District Council to control and manage Ōkeina (Okains Bay) as a reserve is revoked.

(3) The reservation of Ōkeina (Okains Bay) as a reserve is revoked.

(4) The building on Ōkeina (Okains Bay) known as “Tini Ara Pata” and the fee simple estate in Ōkeina (Okains Bay) are vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Ōkeina (Okains Bay) described in Part A of Schedule 7.

(1) The ownership of the structures and improvements attached to or on Ōkeina (Okains Bay) is vested in the Banks Peninsula District Council to hold in trust, maintain, and administer for the benefit of the Ōkeina (Okains Bay) community.

(2) Subsection (1) applies whether or not Ōkeina (Okains Bay) continues to be controlled and managed as if it were a recreation reserve under section 38 of the Reserves Act 1977.

(3) The Banks Peninsula District Council may replace the structures and improvements on Ōkeina (Okains Bay) if it considers it necessary to do so.

(4) Subsections (1) to (3) do not apply to the building on Ōkeina (Okains Bay) known as “Tini Ara Pata”.

(5) Notwithstanding subsection (1), the Banks Peninsula District Council may, but is not required to, remove from Ōkeina (Okains Bay) the structures and improvements vested in it by that subsection.

(6) The Banks Peninsula District Council has rights of unrestricted access onto and over Ōkeina (Okains Bay) to use and maintain the structures and improvements vested in it by subsection (1), whether or not Ōkeina (Okains Bay) continues to be controlled and managed as if it were a recreation reserve under section 38 of the Reserves Act 1977.

(7) The vesting of the fee simple estate in Ōkeina (Okains Bay) in Te Rūnanga o Ngāi Tahu by section 127 does not affect—

• (a) lawful rights of public access to the foreshore and adjoining beach and the stream adjacent to Ōkeina (Okains Bay); or

• (b) lawful rights of public access to and recreational use and enjoyment of the Banks Peninsula District Council's structures and improvements on the land comprising Ōkeina (Okains Bay),—

existing on 21 November 1997, for as long as, and to the extent that, those rights otherwise remain lawful.

(8) Subsection (7) is subject to any regulation of public access and use by the Banks Peninsula District Council pursuant to the terms of its appointment to control and manage Ōkeina (Okains Bay) pursuant to section 129.

(1) The agreement of Te Rūnanga o Ngāi Tahu in clause 11.2.9 of the deed of settlement to the Banks Peninsula District Council controlling and managing Ōkeina (Okains Bay) is sufficient for the purposes of section 38(1) of the Reserves Act 1977.

(2) The approval of the Minister of Conservation to the Banks Peninsula District Council controlling and managing Ōkeina (Okains Bay) is deemed to have been given for the purposes of section 38(1) of the Reserves Act 1977.

(3) The management and control by Banks Peninsula District Council of Ōkeina (Okains Bay) as if it were a recreation reserve and in accordance with section 38 of the Reserves Act 1977 is subject to the restrictions, terms, and conditions set out in attachment 11.7 of the deed of settlement (as quoted in Schedule 8) as if they were approved under section 38(1) of the Reserves Act 1977.

(4) The quoting in Schedule 8 of the restrictions, terms, and conditions referred to in subsection (3) is a matter of record only and does not give them any greater force or effect than they have as terms and conditions under section 38(1) of the Reserves Act 1977.

(5) The Banks Peninsula District Council may exempt Ōkeina (Okains Bay) from rates, for so long as it is controlled and managed as if it were a recreation reserve, as contemplated in the restrictions, terms, and conditions referred to in subsection (3).

The Registrar must, upon issue of the certificate of title for Ōkeina (Okains Bay), make a notation upon it to record that Ōkeina (Okains Bay) is subject to sections 127 to 129.

(1) In this section, South Bay-Kaikōura means the land described by that name in Part A of Schedule 7.

(2) Except as provided in section 139(1),—

• (a) the reservation of South Bay-Kaikōura as a reserve is revoked; and

• (b) the fee simple estate in South Bay-Kaikōura is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to South Bay-Kaikōura described in Part A of Schedule 7,—

on the date determined pursuant to section 139(2).

(1) In this section, The Point-Kaikōura means the land described by that name in Part A of Schedule 7.

(2) Except as provided in section 139(1),—

• (a) the reservation of The Point-Kaikōura as a reserve is revoked; and

• (b) the fee simple estate in The Point-Kaikōura is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to The Point-Kaikōura described in Part A of Schedule 7,—

on the date determined pursuant to section 139(2).

(1) In this section and in sections 134 and 135, Whakamātakiuru (Ellesmere Landing) means the land described by that name in Part A of Schedule 7.

(2) Except as provided in section 139(1),—

• (a) the reservation of Whakamātakiuru (Ellesmere Landing) as a reserve (as created by the Gazette 1867, page 201) is revoked; and

• (b) the fee simple estate in Whakamātakiuru (Ellesmere Landing) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Whakamātakiuru (Ellesmere Landing) described in Part A of Schedule 7,—

on the date determined pursuant to section 139(2).

(3) For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

A lease granted pursuant to clause 11.2.14 of the deed of settlement for a term of 20 years or longer (including any rights of renewal) is not a subdivision for the purposes of section 11 and Part 10 of the Resource Management Act 1991.

The area marked “proposed road” in Whakamātakiuru (Ellesmere Landing) on SO 19862 is vested in the Selwyn District Council as a road pursuant to Part 21 of the Local Government Act 1974, to provide public access through Whakamātakiuru (Ellesmere Landing).

(1) In this section, Matariki means the land described by that name in Part A of Schedule 7.

(2) Except as provided in section 139(1), the fee simple estate in Matariki is vested in Te Rūnanga o Ngāi Tahu on the date determined pursuant to section 139(2).

(3) For the purposes of section 471, the vesting by subsection (2) is free from the requirement under Part 4A of the Conservation Act 1987 to reserve a marginal strip.

(1) In this section, Taramea (Howells Point) means the land described by that name in Part A of Schedule 7.

(2) Except as provided in section 139(1),—

• (a) the appointment of the Southland District Council to control and manage Taramea (Howells Point) is revoked; and

• (b) the reservation of Taramea (Howells Point) as a reserve is revoked; and

• (c) the fee simple estate in Taramea (Howells Point) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Taramea (Howells Point) described in Part A of Schedule 7,—

on the date determined pursuant to section 139(2).

(3) The agreement of Te Rūnanga o Ngāi Tahu in clause 11.2.23 of the deed of settlement to the control and management of Taramea (Howells Point) as contemplated in clause 11.2.23 of the deed of settlement is sufficient for the purposes of section 38(2) of the Reserves Act 1977.

(4) The approval of the Minister of Conservation to the control and management of Taramea (Howells Point) as contemplated in clause 11.2.23 of the deed of settlement is deemed to have been given for the purposes of section 38(2) of the Reserves Act 1977.

(1) In this section and in section 139,—

(2) An amount equal to the transfer value of the tribal property (or, if clause 11.2.29 of the deed of settlement applies, a sum calculated in accordance with paragraph (a) of that clause) must be paid by Te Rūnanga o Ngāi Tahu to the Crown no later than 5 business days after the settlement date.

(1) The reserve status or conservation status of a tribal property is not to be revoked or to cease (as the case may be) and the tribal property is not to be vested in Te Rūnanga o Ngāi Tahu by this Part if—

• (a) Te Rūnanga o Ngāi Tahu notifies the Crown in writing pursuant to clause 11.2.28 or clause 11.2.29(b) of the deed of settlement that it does not intend to accept vesting of the tribal property pursuant to this Part; or

• (b) Te Rūnanga o Ngāi Tahu does not comply with section 138.

(2) A tribal property to be vested by this Part has its reserve status revoked or its conservation status cease (as the case may be) and is vested in accordance with the section which applies to that tribal property on the later of the following dates:

• (a) the settlement date; or

• (c) the date on which the amount payable pursuant to section 138 is paid to the Crown.

(3) As soon as reasonably practicable after a tribal property vests in Te Rūnanga o Ngāi Tahu pursuant to this Part, the chief executive must—

• (a) notify the vesting of a tribal property in Te Rūnanga o Ngāi Tahu pursuant to this Part in the Gazette; and

• (b) forward a copy of the Gazette notice to the Registrar.

(1) In this section, South Bay/Kaikōura Peninsula means the land described by that name in Part A of Schedule 7.

(2) Except as provided in section 139(1),—