Ngāi Tahu Claims Settlement Act 1998

  • Warning: Some amendments have not yet been incorporated
  • This version was replaced on 3 May 2017 to make corrections to sections 357(1), 396(5), and 436(1), and Schedules 7, 36, 58, 69, 100, 101, 102, 103, and 104 under section 25(1)(e) and (j)(ii) and (iii) of the Legislation Act 2012, and then to make a correction to section 144 under section 25(1)(j)(ii) of the Legislation act 2012.

Schedule 12 Clauses 11.6.19 to 11.6.23 of deed of settlement Joint Management Plan for Te Waihora (Lake Ellesmere)

ss 181, 182

11.6.19 Process for preparation of Joint Management Plan

Te Rūnanga and the Crown agree that a Joint Management Plan in respect of the areas described in clause 11.6.15 will be prepared and approved pursuant to the following process and with the following purposes:

(a)

the purposes of the Joint Management Plan will be to establish detailed objectives:

(i)

for the integrated management of natural and historic resources within the areas covered by the plan for Mahinga Kai and conservation purposes and for the purposes for which the areas described in clauses 11.6.15(b) and (c) are held, including recreation purposes (where appropriate) to the extent, with respect to the areas described in clauses 11.6.15(b) and (c), that Mahinga Kai purposes are consistent with the purposes for which that land is held;

(ii)

where this can be accommodated consistent with clause 11.6.19(a)(i), for the management of the areas covered by the plan for tourism purposes;

(iii)

where this can be accommodated consistent with clause 11.6.19(a)(i), to recognise the national and international significance of Te Waihora; and

(iv)

to identify any adverse effects of public access or recreational use and enjoyment upon the Mahinga Kai and conservation values of the bed of Te Waihora and to recommend to the Minister of Conservation the making of bylaws to prohibit or regulate such public access or recreational use and enjoyment;

(b)

the Joint Management Plan shall be prepared by the Secretary of Te Rūnanga and the Director-General;

(c)

when preparing the Joint Management Plan, the Secretary of Te Rūnanga and the Director-General shall have regard to any relevant concessions for the time being in force and to existing freshwater fisheries management plans and sports fish and game management plans under the Conservation Act 1987 and the agreement described in clause 11.6.13(b);

(d)

before preparing the Joint Management Plan the Secretary of Te Rūnanga and the Director-General shall:

(i)

give notice of their intention to do so to the North Canterbury Conservation Board, the appropriate Papatipu Rūnanga (through Te Rūnanga), the North Canterbury Fish and Game Council, the Canterbury Regional Council, the Selwyn District Council, the Banks Peninsula District Council and such other persons or organisations as the Secretary of Te Rūnanga and the Director-General may agree are appropriate and practicable; and

(ii)

in that notice, invite those persons and organisations referred to in clause 11.6.19(d)(i) to send to the Secretary of Te Rūnanga and/or the Director-General written suggestions on the proposed plan, within a time specified in the notice, including identification of issues which, in their view, should be addressed by the Joint Management Plan and (where relevant) how those issues relate to their respective functions;

(e)

in preparing the Joint Management Plan, the Secretary of Te Rūnanga and the Director-General will give full consideration to any comments received from the persons and organisations referred to in clause 11.6.19(d)(i), insofar as such comments are consistent with the purposes of the Joint Management Plan described in clause 11.6.19(a);

(f)

in the preparation of the Joint Management Plan, the Secretary of Te Rūnanga and the Director-General may each consult such other persons as they consider appropriate, and lodge submissions on the outcome of such consultation by the date specified pursuant to clause 11.6.19(h)(ii);

(g)

the draft Joint Management Plan shall be prepared by the Secretary of Te Rūnanga and the Director-General and, within 5 years from the Settlement Date, shall be notified by publishing a notice in a daily newspaper or newspapers circulating in the area where Te Waihora is situated, and in any other manner that either the Secretary of Te Rūnanga or the Director-General may think appropriate;

(h)

the notice of the draft Joint Management Plan given pursuant to clause 11.6.19(g) shall:

(i)

state that the draft Joint Management Plan is available for inspection at the places and times specified in the notice; and

(ii)

call upon persons or organisations interested to lodge with the Secretary of Te Rūnanga and the Director-General submissions on the draft Joint Management Plan at the place and before the date specified in the notice, being a date not less than 40 Business Days after the date of the publication of the notice;

(i)

the Secretary of Te Rūnanga and the Director-General shall also give notice in writing, including a copy of the draft plan, to each of the persons and organisations referred to in clause 11.6.19(d)(i), inviting those persons and organisations to comment on the draft plan by lodging with the Secretary of Te Rūnanga or the Director-General a written submission before the date specified in the notice, being a date not less than 40 Business Days after the date of giving of the notice;

(j)

any person or organisation may make written submissions to the Secretary of Te Rūnanga and the Director-General on the draft Joint Management Plan at the place and before the date specified in the notice given pursuant to clause 11.6.19(g);

(k)

from the date of the notice of the draft Joint Management Plan, the draft Joint Management Plan shall be made available for public inspection during ordinary business hours at the offices of Te Rūnanga and the Department of Conservation, and in such other places and quantities as may be agreed by the Secretary of Te Rūnanga and the Director General so as to facilitate public participation in the development of the Joint Management Plan;

(l)

the Secretary of Te Rūnanga and the Director-General shall give every person who, in making any submissions on the draft Joint Management Plan, asked to be heard in support of his or her or its submissions, a reasonable opportunity of appearing before a joint meeting of representatives of the Secretary of Te Rūnanga and the Director-General;

(m)

the representatives of the Secretary of Te Rūnanga and the Director-General appointed to hear submissions in accordance with clause 11.6.19(l) shall determine their own procedure at the hearing or hearings;

(n)

the Secretary of Te Rūnanga and the Director-General shall prepare a summary of the submissions received on the draft Joint Management Plan and a statement as to the extent to which they have been allowed or accepted or disallowed or not accepted and shall attach that summary and statement to the plan submitted to Te Rūnanga and the Minister of Conservation in accordance with clause 11.6.19(o); and

(o)

the draft Joint Management Plan shall be submitted to the Minister of Conservation and Te Rūnanga no later than 6 years after the Settlement Date for final approval and agreement.

11.6.20 Review and amendment of Joint Management Plan

Te Rūnanga and the Crown agree that the Joint Management Plan may be reviewed and amended as follows:

(a)

the Secretary of Te Rūnanga and the Director-General may at any time agree to initiate a review and/or amendment of the Joint Management Plan, or any part of the Joint Management Plan (provided that the agreement of either party shall not unreasonably be withheld);

(b)

every review of the Joint Management Plan, and, except as provided in clause 11.6.20(d), every amendment of the Joint Management Plan under this clause shall be carried out and approved in accordance with the provisions of clause 11.6.19, which shall apply with any necessary modifications;

(c)

the following provisions shall also apply in relation to a review under this clause:

(i)

the Joint Management Plan may be reviewed in whole or in part;

(ii)

the Joint Management Plan shall be reviewed as a whole by the Secretary of Te Rūnanga and the Director-General not later than 10 years after the date of its approval pursuant to clause 11.6.19 and every 10 years thereafter; and

(iii)

Te Rūnanga and the Minister of Conservation may by agreement extend that period of review; and

(d)

where the proposed amendment is of such a nature that the Secretary of Te Rūnanga and the Director-General agree that it will not materially affect the objectives or policies expressed in the plan, then the amendment may be made without the need for compliance with the provisions of clause 11.6.19 (except that the amendment must still be submitted for the approval of the Minister of Conservation and Te Rūnanga).

11.6.21 Cost of Plan

Te Rūnanga and the Crown shall each bear their own costs of preparation and implementation of the Joint Management Plan, and to the extent that Te Rūnanga and the Crown agree to contract third parties to undertake any role in the preparation or implementation of the Joint Management Plan, shall bear the cost of contracting such parties equally, unless otherwise agreed.

11.6.22 Time for preparation and submission of Plan

Te Rūnanga and the Crown agree that the time periods specified in clause 11.6.19(g) and (o) for notification and submission for approval of the Joint Management Plan may be extended by agreement between Te Rūnanga and the Minister of Conservation.

11.6.23 Resolution of disputes

Te Rūnanga and the Crown agree that the following provisions shall apply to any dispute between them arising out of the preparation or implementation of the Joint Management Plan (other than approval of the Joint Management Plan by Te Rūnanga and the Minister of Conservation pursuant to clause 11.6.19(o)):

(a)

Te Rūnanga and the Crown acknowledge and agree that they wish to minimise and promptly settle any disputes which may arise. Accordingly each of them shall make active efforts in good faith to resolve any dispute which may arise;

(b)

if the dispute is not resolved within 20 Business Days after the dispute arises (or such longer period as the parties might agree) then either party may give written notice to the other and Te Rūnanga and the Crown must then agree upon a process for resolving the dispute, including, but not limited to, further negotiations, mediation, or independent expert determination. Agreement on a process must include agreement on:

(i)

the procedure and timetable for the conduct of the dispute resolution process; and

(ii)

a procedure for selection and compensation of any person employed by both of the parties to resolve the dispute;

(c)

if Te Rūnanga and the Crown cannot agree on a dispute resolution process within 10 Business Days (or such longer period as the parties might agree) after either party gives such written notice under clause 11.6.23(b), or using such a process fail to settle the dispute within 25 Business Days after that date (or such longer period as the parties might agree) then the parties agree to refer the dispute to arbitration under the Arbitration Act 1996. The arbitration shall be conducted by one arbitrator appointed by the parties, if they can agree upon one, or failing agreement, one arbitrator to be appointed by the President for the time being of the Arbitrators’ Institute of New Zealand. Te Rūnanga and the Crown agree to be bound by the award in the arbitration;

(d)

Te Rūnanga and the Crown shall bear the costs of such dispute resolution equally, unless otherwise agreed; and

(e)

pending resolution of the dispute, Te Rūnanga and the Crown shall continue as far as practicable with the preparation and implementation of other aspects of the Joint Management Plan.