90 Termination of Nohoanga entitlement

(1)

Te Uri o Hau governance entity and the Crown may terminate a Nohoanga entitlement by agreement in writing.

(2)

The Crown may terminate a Nohoanga entitlement by giving written notice to Te Uri o Hau governance entity on 1 or more of the following grounds:

(a)

that the Crown has alienated the entitlement land during the term of the Nohoanga entitlement:

(b)

that the entitlement land has, by any natural cause, been destroyed or permanently and detrimentally affected:

(c)

that—

(i)

it is a condition of the Nohoanga entitlement that the entitlement land may be required for the specific purpose that it was originally set apart for as a reserve; and

(ii)

the entitlement land is required for that purpose:

(d)

that the entitlement land is an unformed road that has become formed:

(e)

that lawful access to the entitlement land has ceased to exist.

(3)

On the termination of a Nohoanga entitlement under this section, the Crown must take all reasonable steps to grant a replacement Nohoanga entitlement to Te Uri o Hau governance entity.

(4)

Subsection (3) does not apply in relation to a Nohoanga entitlement if the entitlement land concerned is vested in Te Uri o Hau governance entity for an estate in fee simple.

(5)

Subject to section 83, the grant of another Nohoanga entitlement under subsection (3) must be over land that—

(a)

complies with clause 5.4.3 of the deed of settlement; and

(b)

is identified by similar processes used by the Crown and Te Uri o Hau to identify Nohoanga sites before entering into the deed of settlement.