THIS DEED OF COVENANT is made this 29th day of March 1996 BETWEEN THE PROPRIETORS OF WAITUTU INCORPORATED hereinafter called the Incorporation of the one part AND HER MAJESTY THE QUEEN acting by and through her MINISTER OF CONSERVATION (hereinafter called the Crown) of the other party.
C. The parties are agreed that the Waitutu Block contains virgin indigenous timber and other indigenous vegetation and wildlife, scenery of such distinctive quality, ecological systems, natural features so beautiful, unique or scientifically important that its preservation in perpetuity is in the interest of both the owners and the nation.
NOW IT IS HEREBY AGREED BETWEEN THE PARTIES
8. Any obligation by the Crown to consult with the Incorporation or any of the matters referred to in clauses 4, 5, 6 and 7 hereof shall be sufficiently discharged by the Crown if the consultation takes place with those persons comprising the Management Committee of the Incorporation.
9. Subject to the rights of Susan Judith Clyma under a sphagnum moss recovery licence which expires on or before June 2003 and subject to this Deed of Covenant, neither the Crown nor the Incorporation shall permit any damage or destruction or removal or cutting of any indigenous vegetation for commercial reward or gain.
21. If either the Crown does not within a reasonable time make an offer pursuant to clause 20 for the Waitutu Block or if any offer by the Crown is not accepted by the Incorporation, the Incorporation shall ensure that the agreement of the purchaser, lessee or assignee to comply with the terms of this covenant is obtained including an agreement by the purchaser or assignee to ensure on any subsequent sale or assignment (whether by sale, lease or otherwise) that any subsequent purchaser, lessee or assignee shall also comply with the terms of this Deed of Covenant.
22. If for any reason this Deed of Covenant is unregistered and the Incorporation fails to obtain the agreement of any purchaser, lessee or assignee to comply with the terms of this Deed of Covenant as set out in clause 21 hereof the Incorporation shall continue to be liable in damages for any breach of covenant committed after it has parted with all interest in the Waitutu Block in respect of which such breach has occurred.
32. Any notice required to be given by the Crown or Minister shall be sufficiently given if it is signed by the Regional Conservator of the Department of Conservation Southland Conservancy. Any notice required to be served upon the Crown shall be sufficiently served and delivered to the office for the time being of the Regional Conservator Department of Conservation, Southland Conservancy, Invercargill P O Box 743 Invercargill.