deed to amend deed of agreement

297 Pages·2017·8.78 MB·English

NGA HAPO O NGATI PORGU
and
HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND
DEED TO AMEND
DEED OF AGREEMENT
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DEED TO AMEND THE DEED OF AGREEMENT
DEED TO AMEND THE DEED OF AGREEMENT
THIS DEED is made on the ^ ^ day of 2017
BETWEEN
NGA HAPO O NGATI POROU
AND
HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND
DEED TO AMEND THE DEED OF AGREEMENT
Background
General
A. On 31 October 2008 Nga Hapu o Ngati Porou and Her Majesty the Queen in Right
of New Zealand ("the parties") entered into a deed of agreement in relation to the
foreshore and seabed area of the rohe of Ngati Porou.
B. On 29 September 2008 the Nga Rohe Moana o Nga Hapu o Ngati Porou Bill was
introduced to Parliament.
C. Since the signing of the deed of agreement, the Foreshore and Seabed Act 2004
has been repealed and replaced by the Marine and Coastal Area (Takutai Moana)
Act 2011.
D. The parties have agreed to revise the terms of the deed of agreement to reflect the
changes in circumstances since 31 October 2008.
E. Consequently, the parties have agreed to amend the deed of agreement in the
manner set out in Appendix A of this deed to amend.
IT IS AGREED as follows:
EFFECTIVE DATE OF THIS DEED
1.1 This deed takes effect on the day following the date of this deed.
AMENDMENTS TO THE DEED OF SETTLEMENT
1.2 The deed of agreement:
1.2.1 is amended by making the amendments set out in Appendix A to this deed to
amend; but
1.2.2 remains unchanged except to the extent provided by this deed to amend.
IV
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DEED TO AMEND THE DEED OF AGREEMENT
COUNTERPARTS
1.3 This deed to amend may be signed in counterparts which together shall constitute one
agreement binding on the parties, notwithstanding that the parties are not signatories to
the original or same counterpart.
SIGNED as a deed on the day of i 2017
SIGNED for and on behalf of )
HER MAJESTY THE QUEEN IN RIGHT )
Occupation
M/HZ SuAW zV
Address
SIGNED for and on behalf of
HER MAJESTY THE QUEEN IN RIGHT
OF NEW ZEALAND by the
Minister for Maori Development
in the presence of:
Honourable Te Ururoa James William Ben
Flavell.
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Addres^
DEED TO AMEND THE DEED OF AGREEMENT
SIGNED on behalf of NGA HAPU O NGATI POROU
SIGNED by Rei Mokena Kohere )
as authorised signatory of Pokitirua ki )
Whangaokena Takutai Kaitiaki Trust on
behalf of Potikirua ki Whangaokena
hapu in the presence of: ' , jfTf
Rei Mokena Kohere
Signature of Witness
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Witness Name
Occupation
Address
SIGNED by Nehe Mau Teki (Dick) )
Turei as authorised signatory of )
Whangaokena ki Onepoto Takutai
Kaitiaki Trust on behalf of
Whangaokena ki Onepoto hapu in the - ^ ^
presence of: J -lowa.
Nehe Mau Teki (Dick) Turei
Signature of Witness \
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Witness Name O
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Occupation
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DEED TO AMEND THE DEED OF AGREEMENT
SIGNED by Marijke Adriana )
Warmenhoven as authorised signatory of )
Te Papatipu o Uepohatu me te Papatipu
o te Ngaere Takutai Kaitiaki Trust on
behalf of Onepoto ki Rahuimanuka hapu
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in the presence of:
Marijke Adriana Warmenhoven
of Witness
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Witness Namie1?
Occupation
Address
SIGNED by Agnes Lyn Walker as )
authorised signatory of Whanau Hapu of )
Te Aitanga a Mate Te Aowera and Te
Whanau a Hinekehu Takutai Kaitiaki
Trust on behalf of Rahuimanuka ki
Mataahu hapu in the presence of:
Agnes Lyn Walker
Signature of Witness
Witness Name
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Occupation
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Address
DEED TO AMEND THE DEED OF AGREEMENT
SIGNED by Wikitoria Gilvray as )
authorised signatory of Nga Hapu o )
Waipiro Takutai Kaitiaki Trust on behalf
of Nga Hapu o Waipiro in the presence
of:
Wikitoria Gilv%ray
Signature Of Witness
Witness Namd
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Occupation
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Address
SIGNED by Nikki Searancke )
as authorised signatory of Ngati )
Wakarara and Ngati Hau Takutai
Kaitiaki Trust on behalf of Ngati Hau
and Ngati Wakarara hapu in the
presence of:
Nikki Searancke
Signature of Witness
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Witness Name
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Occupation
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Address
DEED TO AMEND THE DEED OF AGREEMENT
SIGNED by Harata (Charlotte) Gibson
as authorised signatory of Ngati Oneone
in the presence of:
Harata (Charlotte) Gibson
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Signature of Witness
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Occupation
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DEED TO AMEND THE DEED OF AGREEMENT
Other witnesses/people of nga hapu o Ngati Porou signed to indicate their support for the deed
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31 October 2008
Deed of Agreement
APPENDIX A
AMENDMENTS TO THE DEED OF AGREEMENT
(amendments shown as track changes)
THIS DEED IS MADE BETWEEN
1. NGA HAPO 0 NGATI POROU
AND
2. HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND
BACKGROUND
General
A. Prior to 1840, nga hapu o Ngati Porou were the iwi kaenga, and therefore the
owners, of all of their coastal lands within their rohe (territory) that are
contiguous to the foreshore and seabedmarine and coastal area.
B. Since 1840, nga hapu o Ngati Porou have retained ownership of a significant
proportion of those coastal lands.
C. Following the decision of the Court of Appeal in Ngati Apa & Ors v Attorney-
General, Te Runanga o Ngati Porou, as well as particular whanau and hapu of
Ngati Porou, made applications to the Maori Land Court for orders declaring
the foreshore and seabed in the Ngati Porou rohe to be Maori customary land.
D. At the same time the Crown announced that it proposed to introduce
legislation to remove the Maori Land Court’s jurisdiction to declare areas of
foreshore and seabed to be Maori customary land and commenced a process
of consultation and policy development towards achieving this objective.
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