91 Termination of Nohoanga entitlement for breach of obligations

(1)

This section applies if Te Uri o Hau governance entity defaults in performing any of its obligations under a Nohoanga entitlement.

(2)

If the default is capable of remedy, the Crown may give Te Uri o Hau governance entity a notice in writing specifying the default and the remedy for the default required by the Crown.

(3)

The remedy required by the Crown must be reasonable in the circumstances.

(4)

If, at the end of 41 business days after the notice is given by the Crown, Te Uri o Hau governance entity has not remedied or taken appropriate action to remedy the default as required by the Crown, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to Te Uri o Hau governance entity.

(5)

If the default is not capable of remedy, the Crown may immediately terminate the Nohoanga entitlement by notice in writing to Te Uri o Hau governance entity.

(6)

Te Uri o Hau governance entity may, not earlier than 2 years after the termination of a Nohoanga entitlement under this section, apply to the Minister of Maori Affairs for the grant of another Nohoanga entitlement that complies with clause 5.4.3 of the deed of settlement.

(7)

On receipt of an application under subsection (6), the Crown may, in its discretion, take reasonable steps to grant a replacement Nohoanga entitlement 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.