DEED OF AGREEMENT BETWEEN HER MAJESTY THE
QUEEN AND MATUKU RESERVE TRUST
BOARD
THIS DEED made tis ls dayor
\l ueler
2016
Between
HER MAJESTY THE QUEEN acting by and through the Associate Minister of Conservation ("the
Minister")
And
MATUKU RESERVE TRUST BOARD being a charitable trust incorporated under the Charitable
Trusts Act 1957 ("the Trust").
WHEREAS
(a)
the Nature Heritage Fund ("the Fund") consists of monies appropriated by Parliament
to "Vote: Conservation" to facilitate and support activities directed at the protection
and restoration of natural areas of New Zealand through helping to permanently
protect representative unique and threatened indigenous natural ecosystems by direct
purchase or, while leaving the land in private ownership, through covenants, leases,
accords, or management agreements; and
(b)
the Minister has agreed to contribute towards a purchase by the Trust.
THIS DEED WITNESSES:
1.
The Minister and the Trust agree that the subject land described in the Schedule hereto
("the Land"), and shown as Matuku Link/van Steeden Property on the map attached to
the Schedule, contains representative areas of indigenous forest and other values
which require permanent protection.
2.
The Minister agrees to pay a Contribution sum of $300,000.00 (exclusive of GST)
towards the purchase price of the Land ("the Contribution").
3.
The Minister shall pay the Contribution to an account of the Trust's election once the
terms of this Deed of Agreement have been met.
A.
If, for any reason, the purchase of the Land does not go ahead, the Minister
requires that the Contribution shall be refunded immediately.
4.
Prior to the Minister releasing the Contribution, the Trust shall provide the Fund
Committee with:
A.
a copy of the signed Sale and Purchase Agreement as evidence of the
successful negotiation of the purchase of the Land; and
8.
any other documentation showing additional funding to complete the
purchase of the Land.
5.
The Trust agrees, as soon as is reasonably practicable after the signing of the Sale and
Purchase Agreement and Settlement Date, to enter into a conservation covenant
under section 77 of the Reserves Act 1977 with the Minister or local authority ("the
Covenant").
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A.
The Trust will arrange for any mortgagee of the Land to endorse that
mortgagee's consent on the Covenant.
8.
The Minister may register a caveat to protect the Minister's interest in the Land
and the Covenant.
6.
If the Trust sells, leases, or parts with possession of the Land, the Trust must ensure
that the Trust obtains the agreement of the purchaser, lessee, or assignee to comply
with the terms of this Deed.
A.
If, for any reason, the Trust fails to obtain the agreement of a purchaser, lessee,
or assignee to comply with the terms of this Deed, the Trust will continue to be
liable in damages to the Minister for any breach of this Deed committed after
the Trust has parted with all interest in the Land in respect of which a breach
occurs.
7.
The Trust acknowledges that the Minister reserves the right to make announcements
regarding the acquisition of the Land. However, the Trust will be consulted prior to any
such announcement.
IN WITNESS WHEREOF THIS DEED was executed on the day and year aforementioned.
S I G N E D by t h e H O N O U R A B L E N I C K Y WAGN�R
�
ASSOCIATE M I N I S TE R OF C O N S E R V A T I O N
)
«
+
p u r s u a n t to an I n s t r u m e n t of D e l e g a t i o n
dated 26 N o v e m b e r 2 0 1 4 f r o m t h e M i n i s t e r o f )
C o n s e r v a t i o n
)
9(2)(a)
Name of Witness
Address of Witness
P
ale
Occupation of Witness
@if DOC -2897642
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T H E C O M M O N S E A L of t h e
M A T U K U R E S E R V E T R U S T B O A R D
was h e r e t o
9(2)(a)
Trustee's Signature
JON C. STAN/LAN
Trustee's Name
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SCHEDULE & LAND MAP
Ark in the Park
DOC-2579298
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