Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008
Version as at 12 April 2022
Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008
Public Act |
2008 No 98 |
|
Date of assent |
29 September 2008 |
|
Commencement |
see section 2 |
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Office for Māori Crown Relations—Te Arawhiti.
Contents
Preamble
(1)
The Affiliate (comprising the Iwi and Hapu of Te Arawa that are now affiliated to the Te Pumautanga o Te Arawa trust) traditionally operated as independent entities, coming together when prompted by common interests. Together they exercised customary interests within the approximately 1 150 000-acre area from the Bay of Plenty coast to the inland Rotorua lakes and into the interior to the Mamaku Ranges and Kaingaroa Forest. Other iwi and hapu also exercised customary interests within this area. The Affiliate engaged with the opportunities created by the arrival of Pakeha traders and missionaries in its rohe from the 1830s. By the late 1860s, however, few Pakeha had settled in the area, and the Affiliate still held almost all of its land in customary title:
(2)
The Crown introduced the Native Land Court (the Court) into the central North Island in 1867, without consulting with the Affiliate, to convert customary title into title derived from the Crown. Some of the Affiliate engaged with the Court to gain secure titles to assist leasing of land and secure their lands against claims from other groups. Others objected to the Court. The Crown received complaints about the cost of hearings, survey charges, and applications initiated without the consent of other owners:
(3)
From 1873, the Crown focused on the acquisition of Maori land to facilitate Pakeha settlement in the central North Island. The Crown was aware of widespread resistance to land sales among some of the Affiliate, and initially proposed to restrict negotiations mainly to the lease rather than the sale of land. By August 1874, the Crown had opened, but not completed, lease negotiations for almost 650 000 acres and purchase negotiations for almost 400 000 acres of land within the Affiliate area. In most cases it opened negotiations before the Court had determined owners. The Crown sought to secure land by making preliminary agreements with, and paying deposits to, sections of “recognised owners”
. In some cases this bound the recipients into negotiations before the purchase price or rent had been agreed. The Crown generally did not pay rent on land it negotiated to lease until title had been determined. Between 1873 and 1877, the Crown suspended the operation of the Court over much of the land in which the Affiliate had interests, which delayed the finalisation of most negotiations:
(4)
The Crown’s attempts to lease or purchase land brought a variety of responses from the Affiliate. Some of the Affiliate entered negotiations because they wanted to derive an income from their land. Others expressed unhappiness at the Crown’s approach and opposed negotiations. Some sought to maintain tribal control over land through tribal komiti (committees):
(5)
In the 1880s, the Court adjudicated over much of the land in the area over which the Affiliate exercised customary interests, including many of the blocks the Crown had brought under negotiation in the 1870s. Land was generally awarded in individual interests, and the Crown could partition out the interests it had purchased from owners without gaining the agreement of other owners of the land. This enabled those individuals to deal with the land without reference to their iwi and hapu, making the land more susceptible to partition, fragmentation, and alienation, and contributing to the erosion of the traditional tribal structures of the Affiliate, which were based on collective tribal and hapu custodianship of land. Attending Court hearings, sometimes considerable distances from their kainga (homes), was costly for the Affiliate:
(6)
During most of the 1870s–1890s, the Crown protected its negotiations from interference by using legislative provisions and proclamations to prevent private parties from negotiating for land over which it was negotiating. The Crown provided few reserves in lands purchased from the Affiliate during the 1870s–1890s. The combined effect of actions such as the use of payments for land before title was determined, aggressive purchase techniques employed on occasion by the Crown, and the use and implementation of monopoly powers over dealings in land meant that the Crown failed to actively protect the interests of the Affiliate in the land it wished to retain, leaving some of the Affiliate virtually landless:
(7)
By the late 1920s, many Maori owned small, fragmented, and uneconomic interests in a number of blocks throughout their rohe as a result of individualisation and partition of land interests. The Crown attempted to resolve this by introducing consolidation schemes and providing funds for development schemes to utilise land. Landowners’ rights were significantly affected while their land was tied up in development schemes. The Affiliate placed land into over 25 development schemes between 1929 and the mid-1980s. By the early 1990s, most scheme lands in the Rotorua area had been released from Crown control. Some schemes were successful while others struggled to fulfil expectations:
(8)
The Crown acquired lands of particular significance to the Affiliate through public works and scenery preservation legislation. In the nineteenth century, land was compulsorily acquired for public works purposes, including roading and railway. In the twentieth century, land was taken for internal communications, electricity generation, scenic reserves, forest plantation, and an aerodrome. Compensation was generally paid for the taking of lands. However, some Affiliate lands were used for roading purposes without compensation. Over time, through purchases and public works takings, the Affiliate lost ownership of some important geothermal lands and wahi tapu. The loss of these lands has impeded the ability of the Affiliate to exercise control over its taonga and wahi tapu and maintain and foster spiritual connections with those ancestral lands.
1 Title
This Act is the Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008.
2 Commencement
(1)
Sections 107 and 108 come into force on a date to be appointed by the Governor-General by Order in Council.
(2)
The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council.
(3)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 2(1): sections 107 and 108 brought into force, on 18 November 2010, by clause 2 of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Commencement Order 2010 (SR 2010/364).
Section 2(2): Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 (except sections 107 and 108) brought into force, on 4 June 2009, by clause 2 of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Commencement Order 2009 (SR 2009/115).
Section 2(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Part 1 Purpose of Act, acknowledgements and apology, interpretation provisions, settlement of claims, and miscellaneous matters
Subpart 1—Purpose of Act and acknowledgements and apology of the Crown to Affiliate
3 Purpose
The purpose of this Act is—
(a)
to record the acknowledgements and the apology given by the Crown to the Affiliate in the deed of settlement dated 11 June 2008 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Dr Michael Cullen, for the Crown, and by Eru George, Eva Moke, Wikeepa Te Rangipuawhe Maika, Anaru Rangiheuea, Te Poroa Joseph Malcolm, Ruka Hughes, Edwin McKinnon, John Waaka, Jim Schuster, Mita Pirika, Materoa Peni, Wallace Haumaha, Fred Cookson, Roger Pikia, and Te Po Hawaiki Wiringi Jones for the Affiliate; and
(b)
to give effect to certain provisions of the deed of settlement, which is a deed that settles the Affiliate historical claims.
4 Act binds the Crown
This Act binds the Crown.
5 Outline
(1)
This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
(2)
The preamble summarises the historical account set out in Part 7 of the deed of settlement.
(3)
This Part, which follows the Title and commencement sections,—
(a)
sets out the purpose of the Act, records the acknowledgements and the apology given by the Crown to the Affiliate in the deed of settlement, and specifies that the Act binds the Crown; and
(b)
defines terms used in this Act, including key terms such as Affiliate and Affiliate historical claims; and
(c)
provides that the settlement of the Affiliate historical claims is final, and deals with related issues, including—
(i)
a statement of the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in considering the Affiliate historical claims; and
(ii)
provision for consequential amendments to the Treaty of Waitangi Act 1975; and
(iii)
a statement of the effect of the settlement on certain memorials; and
(iv)
miscellaneous matters relating to the settlement, namely, the exclusion of the limit on the duration of a trust, the timing of actions or matters provided for in this Act, and access to the deed of settlement.
(4)
Parts 2 and 3 provide for cultural redress and include provisions relating to the following matters:
(a)
the issue of protocols to the trustees, and the amendment and cancellation of those protocols, by the Minister for Arts, Culture and Heritage, the Minister of Conservation, and the Minister of Fisheries; and
(b)
acknowledgements by the Crown of the statements made by the Affiliate of its cultural, spiritual, historical, and traditional association with specified statutory areas, together with provisions as to the effects of those acknowledgements; and
(c)
the vesting in the trustees of the fee simple estate in 24 cultural redress properties (2 of which may be delayed vestings and, in another case, with only an undivided half share vesting in the trustees, and the other half share vesting in the trustees of the Te Ariki trust); and
(d)
the delayed vesting of 2 properties in a Pikiao entity (in 1 case to be administered as a scenic reserve), and of 1 other property in the trustees; and
(e)
the 4 whenua rahui; and
(f)
the deed of recognition; and
(g)
the 3 specially classified reserves; and
(h)
the alteration and assignment of place names.
(5)
Part 4 provides for commercial redress and includes provisions relating to the following matters:
(a)
the transfer of commercial redress properties to the trustees in accordance with the deed of settlement; and
(b)
the creation of easements in relation to the commercial redress properties; and
(c)
the creation of computer registers, and the effect of registration, in relation to the commercial redress properties; and
(d)
the application of other enactments in relation to the transfers; and
(e)
rights of access to protected sites, and the conditions applying to the access.
(6)
There are 7 schedules that—
(a)
define the collective groups that together constitute the Affiliate, and contain other related definitions:
(b)
set out the meaning of Affiliate historical claims:
(c)
set out the statutory areas for which statutory acknowledgements and geothermal statutory acknowledgements are provided:
(d)
describe the nga whenua rahui:
(e)
describe the specially classified reserves:
(f)
describe the cultural redress properties:
(g)
describe other land related to the cultural redress properties.
Section 5(3)(c)(iv): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
6 Acknowledgements and apology
Sections 7 and 8 record the acknowledgements and the apology given by the Crown to the Affiliate in the deed of settlement.
7 Text of acknowledgements
The text of the acknowledgements, as set out in the deed of settlement, is as follows:
(1)
The Crown acknowledges that it has failed to deal with the longstanding grievances of the Affiliate in an appropriate way and that recognition of the grievances of the Affiliate is long overdue.
(2)
The Crown acknowledges that—
(a)
it did not consult with the Affiliate on native land legislation prior to its enactment; and
(b)
the operation and impact of the native land laws, in particular the awarding of land to individuals and the enabling of individuals to deal with that land without reference to the iwi and hapu, made the lands of the Affiliate more susceptible to partition, fragmentation, and alienation. This contributed to the erosion of the traditional tribal structures of the Affiliate, which were based on collective tribal and hapu custodianship of land; and
(c)
it failed to take steps to adequately protect the traditional tribal structures of the Affiliate, and this had a prejudicial effect on the Affiliate and was a breach of the Treaty of Waitangi and its principles.
(3)
The Crown acknowledges that the combined effect of certain Crown actions meant that the Crown failed to actively protect the interests of the Affiliate in the land they wished to retain, and that this was a breach of the Treaty of Waitangi and its principles. The actions include—
(a)
the Crown’s use of payments for land before title to the land was determined by the Native Land Court:
(b)
the aggressive purchase techniques employed on occasion by the Crown:
(c)
the Crown’s use and implementation of its monopoly powers over dealings in the land of the Affiliate.
(4)
The Crown acknowledges that—
(a)
a large amount of Affiliate land has been alienated since 1840; and
(b)
the combined effect of the Crown’s actions and omissions has left some of the Affiliate virtually landless; and
(c)
its failure to ensure that all members of the Affiliate were left with sufficient land for their present and future needs was a breach of the Treaty of Waitangi and its principles.
(5)
The Crown acknowledges that lands of particular significance to the Affiliate, including land at Te Ariki, Okere Falls, and lands with geothermal surface features at Orakei Korako and Rotorua Airport, were taken under public works legislation. The Crown acknowledges that these takings have impeded the ability of the Affiliate to exercise control over its taonga and wahi tapu and maintain and foster spiritual connections with those ancestral lands. This has resulted in a sense of grievance among the Affiliate that still exists today.
(6)
The Crown acknowledges—
(a)
the generosity of the Affiliate in gifting land containing scenic sites to the nation; and
(b)
that, in the case of land gifted by Ngati Pikiao for the Rotoiti Scenic Reserve and at the time of gifting, the Crown had been undertaking measures to compulsorily acquire a greater area of land under the Scenery Preservation Act 1908.
(7)
The Crown acknowledges that the Affiliate considers the geothermal resource a taonga. The Crown also acknowledges that the following matters have caused a sense of grievance within the Affiliate that is still held today:
(a)
the passing of the Geothermal Energy Act 1953; and
(b)
the loss of lands containing geothermal features for public works purposes.
(8)
The Crown acknowledges that—
(a)
Affiliate expectations of an ongoing and mutually beneficial relationship with the Crown were not always realised; and
(b)
twentieth-century land development did not always provide the economic opportunities and benefits that the Affiliate expected.
(9)
The Crown acknowledges that the Affiliate has been loyal to the Crown in honouring its obligations and responsibilities under the Treaty of Waitangi, especially, but not exclusively, in war service overseas by some of its members. The Crown pays tribute to the contribution made by the Affiliate to the defence of the nation.
8 Text of apology
The text of the apology, as set out in the deed of settlement, is as follows:
(1)
The Crown recognises the efforts and struggles of the ancestors of the Affiliate in pursuit of their claims for redress, justice, and compensation and makes this apology to the members of the Affiliate, to their ancestors, and to their descendants.
(2)
The Crown profoundly regrets and unreservedly apologises to the Affiliate for the breaches of the Treaty of Waitangi and its principles, acknowledged in section 7.
(3)
The Crown profoundly regrets and unreservedly apologises for the cumulative effect of its actions over the generations, which have undermined tribal structures and had a damaging impact on the landholdings and development of the Affiliate.
(4)
Accordingly, the Crown seeks to atone for these wrongs and assist the process of healing with this settlement, and looks forward to building a relationship of mutual trust and co-operation with the Affiliate.
Subpart 2—Interpretation provisions
9 Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
10 Interpretation
In this Act, unless the context otherwise requires,—
actual deferred settlement date, in relation to a deferred selection property, means the date on which settlement of the property (under paragraph 11 of Part 5 of Schedule 5 of the deed of settlement) takes place
Affiliate has the meaning given to it in section 11(1)
Affiliate Ancestor has the meaning given to it in section 11(2)
Affiliate historical claims has the meaning given to it in section 12
Affiliate values has the meaning given to it in sections 49 and 68
airport land has the meaning given to it in section 120
airport lease has the meaning given to it in section 120
aquatic life has the meaning given to it in section 2(1) of the Conservation Act 1987
archaeological site has the meaning given to it in section 31(2)
area of interest—
(a)
means the area that the Affiliate identifies as its area of interest, as set out in Schedule 6 of the deed of settlement; but
(b)
does not include the Te Arawa lakes
authorised person,—
(a)
in respect of a cultural redress property, has the meaning given to it in section 111(9); and
(b)
in respect of a commercial redress property, has the meaning given to it in section 126(5) or 138(5), as the case may be
business day means the period from 9 am to 5 pm on any day of the week other than—
(a)
a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
(b)
a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; and
(ba)
if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
(c)
the days observed as the anniversaries of the provinces of Wellington and Auckland
collective group means any group that is—
(a)
listed in section 11(1)(a); and
(b)
defined in Part 1 of Schedule 1
commercial redress property means—
(a)
the licensed land; and
(b)
a deferred selection property
Commissioner of Crown Lands has the same meaning as Commissioner in section 2 of the Land Act 1948
consent authority has the meaning given to it in section 2(1) of the Resource Management Act 1991
conservation area has the meaning given to it in section 2(1) of the Conservation Act 1987
Conservation Board has the meaning given to it in section 49
conservation document means a national park management plan, conservation management strategy, or conservation management plan
conservation management plan has the meaning given to it in section 2(1) of the Conservation Act 1987
conservation management strategy has the meaning given to it in section 2(1) of the Conservation Act 1987
Crown has the meaning given to it in section 2(1) of the Public Finance Act 1989
Crown forest land has the meaning given to it in section 2(1) of the Crown Forest Assets Act 1989
Crown forestry assets has the meaning given to it in section 2(1) of the Crown Forest Assets Act 1989
Crown forestry licence—
(a)
has the meaning given to it in section 2(1) of the Crown Forest Assets Act 1989; and
(b)
in relation to the licensed land, means the licence described in Part 1 of Schedule 4 of the deed of settlement
Crown forestry rental trust deed means the trust deed made on 30 April 1990 establishing the Crown forestry rental trust under section 34 of the Crown Forest Assets Act 1989
cultural redress property has the meaning given to it in section 88
deed of recognition means a deed of recognition entered into by the Crown and the trustees in accordance with section 43
deed of settlement and deed—
(a)
mean the deed of settlement dated 11 June 2008 and signed by—
(i)
the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Dr Michael Cullen, for the Crown; and
(ii)
Eru George, Eva Moke, Wikeepa Te Rangipuawhe Maika, Anaru Rangiheuea, Te Poroa Joseph Malcolm, Ruka Hughes, Edwin McKinnon, John Waaka, Jim Schuster, Mita Pirika, Materoa Peni, Wallace Haumaha, Fred Cookson, Roger Pikia, and Te Po Hawaiki Wiringi Jones for the Affiliate; and
(b)
include—
(i)
the schedules and attachments to the deed; and
(ii)
any amendments to the deed, its schedules, and attachments
deferred selection property means the fee simple estate in a property described in Part 1 of Schedule 5 of the deed of settlement
Director-General means the Director-General of Conservation
DOC protocol means a protocol issued by the Minister of Conservation under section 21(1)(a) that—
(a)
sets out how the Department of Conservation and the trustees will interact in relation to matters specified in the protocol; and
(b)
is in the form set out in Part 1 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21(1)(b)
DOC protocol area means the area shown on the map attached to the DOC protocol in Part 1 of Schedule 1 of the deed of settlement, but excludes the DOC protocol area as defined in section 11 of the Te Arawa Lakes Settlement Act 2006
effective date means the date that is 6 months after the settlement date
encumbrance means a lease, tenancy, licence, licence to occupy, easement, covenant, or other right affecting a property
esplanade land has the meaning given to it in section 120
fisheries protocol means a protocol issued by the Minister of Fisheries under section 21(1)(a) that—
(a)
sets out how the Ministry of Fisheries and the trustees will interact in relation to matters specified in the protocol; and
(b)
is in the form set out in Part 1 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21(1)(b)
fisheries protocol area means the area shown on the map attached to the fisheries protocol in Part 1 of Schedule 1 of the deed of settlement, together with the adjacent waters, but excludes the fisheries protocol area as defined in section 11 of the Te Arawa Lakes Settlement Act 2006
geothermal resource—
(a)
means the geothermal energy and geothermal water (within the meaning given to them in section 2(1) of the Resource Management Act 1991) located in the Rotorua region geothermal system; but
(b)
does not include any geothermal energy or geothermal water above the ground on land that is not owned by the Crown
geothermal statutory acknowledgement means the acknowledgement made by the Crown under section 36 in relation to a geothermal resource, on the terms set out in sections 36 to 42 and 44 to 46
Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2014
Karamuramu Baths land has the meaning given to it in section 120
land holding agency means, in relation to—
(a)
licensed land, LINZ:
(b)
a deferred selection property, the department specified as the land holding agency in Part 1 of Schedule 5 of the deed of settlement
licensed land—
(a)
means the land described in Part 1 of Schedule 4 of the deed of settlement; but
(b)
excludes—
(i)
all trees growing, standing, or lying on the land; and
(ii)
all improvements that have been—
(A)
acquired by any purchaser of the trees on the land; or
(B)
made, after the acquisition of the trees by the purchaser, by the purchaser or the licensee
licensee means the registered holder of a Crown forestry licence
licensor means the licensor of a Crown forestry licence
LINZ means Land Information New Zealand
local authority has the meaning given to it in section 5(1) of the Local Government Act 2002
MAF forest land means the land described in Part 1 of Schedule 5 of the deed of settlement as Horohoro Forest
Matawhaura (part of the Lake Rotoiti Scenic Reserve) has the meaning given to it in section 118
member of the Affiliate means every individual referred to in section 11(1)(b)
national park management plan means a management plan as defined in section 2 of the National Parks Act 1980
New Zealand Conservation Authority has the meaning given to it in section 49
Ngati Makino settlement legislation has the meaning given to it in section 118
Otari Pa has the meaning given to it in section 118
Pikiao entity has the meaning given to it in section 118
Pikiao vesting date has the meaning given to it in section 118
protected site has the meaning given to it in section 135(1)
protection principles has the meaning given to it in section 49 or 68, as the case may be
regional council has the meaning given to it in section 2(1) of the Resource Management Act 1991
Registrar-General means the Registrar-General of Land, appointed in accordance with section 4 of the Land Transfer Act 1952
relevant consent authority means, for the purposes of—
(a)
the geothermal statutory acknowledgement, a consent authority of a region or district that contains, or is adjacent to, the Rotorua region geothermal system; or
(b)
any other statutory acknowledgement, a consent authority of a region or district that contains, or is adjacent to, a statutory area
rental proceeds has the meaning given to it in the Crown forestry rental trust deed
representative entity means—
(a)
the trustees:
(b)
a person (including any trustees) acting for, or on behalf of,—
(i)
1 or more of the collective groups referred to in section 11(1)(a); or
(ii)
1 or more of the individuals referred to in section 11(1)(b); or
(iii)
1 or more of the iwi, hapu, whanau, or groups of individuals that together form a collective group referred to in section 11(1)(a)
reserve site has the meaning given to it in section 112(1)
resource consent has the meaning given to it in section 2(1) of the Resource Management Act 1991
responsible department means, as the case may be, one of the following departments of State:
(a)
the Ministry for Culture and Heritage:
(b)
the Department of Conservation:
(c)
the Ministry of Fisheries:
(d)
any other department of State authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 of Part 2
responsible Minister means, as the case may be, one of the following Ministers:
(a)
the Minister for Arts, Culture and Heritage:
(b)
the Minister of Conservation:
(c)
the Minister of Fisheries:
(d)
any other Minister of the Crown who is authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 of Part 2
Rotorua region geothermal system means the geothermal system within the boundary generally indicated on SO 364723, including the areas set out in Part 2 of Schedule 3 (but which is not intended to establish the precise boundary of the geothermal system)
school site means the fee simple estate in a property described in Part 5 of Schedule 6
settlement date means the date that is 20 business days after the date specified in the Order in Council made under section 2(2)
specially classified reserve has the meaning given to it in section 68
statements of association means the statements referred to in sections 27 and 36
statutory acknowledgement means the acknowledgement made by the Crown in section 27 in respect of a statutory area, on the terms set out in sections 28 to 32, 34, and 35
statutory area means an area described in Part 1 of Schedule 3, the general location of which is indicated on the SO plan referred to in relation to that area in that part of that schedule (but which is not intended to establish the precise boundary of the statutory area)
statutory plan—
(a)
means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1) of the Resource Management Act 1991; and
(b)
includes a proposed policy statement provided for in Schedule 1 of the Resource Management Act 1991
taonga tūturu—
(a)
has the meaning given to it in section 2(1) of the Protected Objects Act 1975; and
(b)
includes ngā taonga tūturu (which has the meaning given to it in section 2(1) of that Act)
taonga tūturu protocol means a protocol issued by the Minister for Arts, Culture and Heritage under section 21(1)(a) that—
(a)
sets out how the chief executive of the Ministry for Culture and Heritage will interact with the trustees in relation to the matters specified in that protocol; and
(b)
is in the form set out in Part 1 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21(1)(b)
Te Arawa lakes has the meaning given to it in section 11 of the Te Arawa Lakes Settlement Act 2006
Te Ariki trust has the meaning given to it in section 93(1)
Te Pumautanga o Te Arawa trust means the trust established by the Te Pumautanga o Te Arawa trust deed
Te Pumautanga o Te Arawa trust deed—
(a)
means the deed of trust establishing the Te Pumautanga o Te Arawa trust, dated 1 December 2006; and
(b)
includes—
(i)
the schedules to the deed of trust; and
(ii)
any amendments to the deed of trust or its schedules
trustees of the Te Pumautanga o Te Arawa trust and trustees means the trustees from time to time of the Te Pumautanga o Te Arawa trust
whenua rahui has the meaning given to it in section 49.
Section 10 business day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).
Section 10 business day paragraph (ba): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).
Section 10 Heritage New Zealand Pouhere Taonga: inserted, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
Section 10 Historic Places Trust: repealed, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
11 Meaning of Affiliate and of Affiliate Ancestor
(1)
In this Act, Affiliate—
(a)
means the Iwi and Hapu of Te Arawa affiliated to the Te Pumautanga o Te Arawa trust, comprising the following collective groups (each of whom is defined in Part 1 of Schedule 1):
(i)
Ngati Ngararanui (including Ngati Tamahika and Ngati Tuteaiti); and
(ii)
Ngati Kearoa Ngati Tuara; and
(iii)
Ngati Tura–Ngati Te Ngakau; and
(iv)
Ngati Te Roro o Te Rangi; and
(v)
Ngati Tuteniu; and
(vi)
Ngati Uenukukopako; and
(vii)
Tuhourangi Ngati Wahiao; and
(viii)
Ngati Tahu–Ngati Whaoa; and
(ix)
Ngati Pikiao (excluding Ngati Makino); and
(x)
Ngati Rongomai; and
(xi)
Ngati Tarawhai; and
(b)
includes every individual in a collective group.
(2)
In this Act, Affiliate Ancestor means any of the following individuals (each of whom is defined in Part 2 of Schedule 1):
(a)
Ngati Ngararanui Ancestor:
(b)
Ngati Kearoa Ngati Tuara Ancestor:
(c)
Ngati Tura–Ngati Te Ngakau Ancestor:
(d)
Ngati Te Roro o Te Rangi Ancestor:
(e)
Ngati Tuteniu Ancestor:
(f)
Ngati Uenukukopako Ancestor:
(g)
Tuhourangi Ngati Wahiao Ancestor:
(h)
Ngati Tahu–Ngati Whaoa Ancestor:
(i)
Ngati Pikiao Ancestor:
(j)
Ngati Rongomai Ancestor:
(k)
Ngati Tarawhai Ancestor.
(3)
For the purposes of Part 2 of Schedule 1, customary rights means rights according to the Affiliate tikanga, including rights—
(a)
to occupy land in the area of interest; and
(b)
in relation to the use of—
(i)
land; or
(ii)
other natural or physical resources.
(4)
For the purposes of Schedule 1, a person is descended from another person if the first person is descended from the other by—
(a)
birth; or
(b)
legal adoption; or
(c)
Maori customary adoption in accordance with Te Arawa tikanga, being a blood child of a beneficiary of the Affiliate.
12 Meaning of Affiliate historical claims
(1)
In this Act, Affiliate historical claims—
(a)
means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that the Affiliate (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
(i)
is founded on a right arising—
(A)
from the Treaty of Waitangi or its principles; or
(B)
under legislation; or
(C)
at common law (including aboriginal title and customary law); or
(D)
from fiduciary duty; or
(E)
otherwise; and
(ii)
arises from, or relates to, acts or omissions before 21 September 1992—
(A)
by, or on behalf of, the Crown; or
(B)
by or under legislation; and
(b)
includes every claim to the Waitangi Tribunal to which paragraph (a) applies, including—
(i)
all claims that relate exclusively to the Affiliate (or a representative entity), including those listed in Part 1 of Schedule 2; and
(ii)
in the case of claims that relate both to the Affiliate (or a representative entity) and others, the claims listed in Part 2 of Schedule 2.
(2)
However, Affiliate historical claims does not include the claims listed in Part 3 of Schedule 2.
(3)
Subsection (1)(a) is not limited by subsection (1)(b).
(4)
To avoid doubt, Affiliate historical claims includes Wai 32 and Wai 94, but only the parts of those claims that—
(a)
relate to the Affiliate (or a representative entity); and
(b)
have not been settled by the deeds or agreements referred to in clauses 4 and 5 of Part 3 of Schedule 2.
(5)
To avoid doubt, Affiliate historical claims does not include any claim submitted to the Waitangi Tribunal in accordance with the Treaty of Waitangi Act 1975 in respect of the airspace over, or the flight paths to, Rotorua airport.
Subpart 3—Settlement of claims
Jurisdictions of courts, etc, removed
13 Settlement of Affiliate historical claims final
(1)
The settlement of the Affiliate historical claims effected under the deed of settlement and this Act is final and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
(2)
Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.
(3)
Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—
(a)
any or all of the Affiliate historical claims; or
(b)
the deed of settlement; or
(c)
the redress provided to the trustees under the deed of settlement or under this Act; or
(d)
this Act.
(4)
Subsection (3) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act.
Amendment to Treaty of Waitangi Act 1975
14 Amendment to Treaty of Waitangi Act 1975
Section 15 amends the Treaty of Waitangi Act 1975.
15 Schedule 3 amended
Schedule 3 of the Treaty of Waitangi Act 1975 is amended by inserting the following item in its appropriate alphabetical order: “Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008, section 13(3) and (4).”
Protections no longer apply
16 Certain enactments do not apply
(1)
Nothing in the enactments listed in subsection (2) applies—
(a)
to a cultural redress property; or
(b)
to Matawhaura (part of the Lake Rotoiti Scenic Reserve); or
(c)
to Otari Pa; or
(d)
to a commercial redress property; or
(e)
for the benefit of the Affiliate or a representative entity.
(2)
The enactments are—
(a)
sections 8A to 8HJ of the Treaty of Waitangi Act 1975:
(b)
sections 27A to 27C of the State-Owned Enterprises Act 1986:
(c)
sections 568 to 570 of the Education and Training Act 2020:
(d)
Part 3 of the Crown Forest Assets Act 1989:
(e)
Part 3 of the New Zealand Railways Corporation Restructuring Act 1990.
(3)
However, this section does not apply—
(a)
to a deferred selection property—
(i)
unless the trustees elect to purchase the deferred selection property under clause 12.18.2 of the deed of settlement:
(ii)
if the agreement referred to in clause 12.20 of the deed of settlement is cancelled; or
(b)
to Matawhaura (part of the Lake Rotoiti Scenic Reserve) or Otari Pa until the Pikiao vesting date; or
(c)
to Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve until the date specified in the Order in Council made under section 2(1).
Section 16(2)(c): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
17 Removal of memorials
(1)
The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—
(a)
all or part of—
(i)
a cultural redress property; or
(ii)
Matawhaura (part of the Lake Rotoiti Scenic Reserve); or
(iii)
Otari Pa; or
(iv)
a commercial redress property; and
(b)
contained in a certificate of title or computer register that has a memorial entered under any of the enactments referred to in section 16(2).
(2)
The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after—
(a)
the settlement date, in the case of a cultural redress property (other than Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve) or licensed land; or
(b)
the date specified in the Order in Council made under section 2(1), in the case of Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve; or
(c)
the Pikiao vesting date, in the case of Matawhaura (part of the Lake Rotoiti Scenic Reserve) or Otari Pa; or
(d)
the actual deferred settlement date, in the case of a deferred selection property.
(3)
Each certificate must state that it is issued under this section.
(4)
The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—
(a)
register the certificate against each certificate of title or computer register identified in the certificate; and
(b)
cancel, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any of the enactments referred to in section 16(2)) on a certificate of title or computer register identified in the certificate.
Subpart 4—Miscellaneous matters
No limit on duration of trusts
Heading: replaced, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
18 Limit on duration of trusts does not apply
(1)
No rule of law or provisions of an Act limiting the duration of a trust, including section 16 of the Trusts Act 2019,—
(a)
prescribe or restrict the period during which—
(i)
the Te Pumautanga o Te Arawa trust may exist in law; or
(ii)
the trustees, in their capacity as trustees, may hold or deal with property (including income derived from property); or
(b)
apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
(2)
However, if the Te Pumautanga o Te Arawa trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019.
(3)
If the Pikiao entity is established as a trust, this section applies (with all necessary modifications) to that trust and to the trustees of that trust.
Section 18 heading: replaced, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
Section 18(1): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
Section 18(2): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
Date on which actions or matters must occur
19 Timing of actions or matters
(1)
Actions or matters occurring under this Act occur or take effect on and from the settlement date.
(2)
However, if a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date.
Access to deed of settlement
20 Access to deed of settlement
The chief executive of the Ministry of Justice must make copies of the deed of settlement available—
(a)
for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any business day; and
(b)
free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
Part 2 Cultural redress
Subpart 1—Protocols
General provisions
21 Authority to issue, amend, or cancel protocols
(1)
Each responsible Minister may—
(a)
issue a protocol to the trustees in the form set out in Part 1 of Schedule 1 of the deed of settlement; and
(b)
amend or cancel that protocol.
(2)
A protocol may be amended or cancelled under subsection (1) at the initiative of either—
(a)
the trustees; or
(b)
the responsible Minister.
(3)
The responsible Minister may amend or cancel a protocol only after consulting with, and having particular regard to the views of, the trustees.
22 Protocols subject to rights, functions, and obligations
Protocols do not restrict—
(a)
the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, which includes (without limitation) the ability to—
(i)
introduce legislation and change government policy; and
(ii)
interact or consult with a person the Crown considers appropriate, including, without limitation, any iwi, hapu, marae, whanau, or other representative of tangata whenua; or
(b)
the responsibilities of a responsible Minister or a responsible department; or
(c)
the legal rights of the Affiliate or a representative entity.
23 Enforceability of protocols
(1)
The Crown must comply with a protocol while it is in force.
(2)
If the Crown fails, without good cause, to comply with a protocol, the trustees may, subject to the Crown Proceedings Act 1950, enforce the protocol.
(3)
Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for failure by the Crown to comply with a protocol.
(4)
To avoid doubt,—
(a)
subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
(b)
subsection (3) does not affect the ability of a court to award costs incurred in enforcing the protocol under subsection (2).
24 Limitation of rights
(1)
The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under the—
(a)
Conservation Act 1987; or
(b)
other statutes listed in Schedule 1 of that Act.
(2)
The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, and seaweed) held, managed, or administered under the Fisheries Act 1996, the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, the Maori Commercial Aquaculture Claims Settlement Act 2004, the Maori Fisheries Act 2004, or the Te Arawa Lakes Settlement Act 2006.
(3)
The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
Noting of certain protocols
25 Noting of DOC protocol
(1)
A summary of the terms of the DOC protocol must be noted in the conservation documents affecting the DOC protocol area.
(2)
The noting of the DOC protocol is—
(a)
for the purpose of public notice only; and
(b)
not an amendment to a conservation document for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.
26 Noting of fisheries protocol
(1)
A summary of the terms of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.
(2)
The noting of the fisheries protocol is—
(a)
for the purpose of public notice only; and
(b)
not an amendment to a fisheries plan for the purposes of section 11A of the Fisheries Act 1996.
(3)
In this section, fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996.
Subpart 2—Statutory acknowledgement, geothermal statutory acknowledgement, and deed of recognition
Statutory acknowledgement
27 Statutory acknowledgement by the Crown
(1)
The Crown acknowledges the statements of association.
(2)
In sections 32 and 34, statements of association means the statements—
(a)
made by the Affiliate of the particular cultural, spiritual, historical, and traditional association of the Affiliate with each statutory area; and
(b)
in the form set out in Part 2 of Schedule 3 of the deed of settlement at the settlement date.
28 Purposes of statutory acknowledgement
(1)
The only purposes of the statutory acknowledgement are to—
(a)
require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, as provided for in sections 29 to 31; and
(b)
require relevant consent authorities to forward summaries of resource consent applications to the trustees, as provided for in section 33; and
(c)
enable the trustees and a member of the Affiliate to cite the statutory acknowledgement as evidence of the association of the Affiliate with the relevant statutory areas, as provided for in section 34.
(2)
This section does not limit sections 44 to 46.
Section 28(1)(a): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
29 Relevant consent authorities to have regard to statutory acknowledgement
(1)
On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C of the Resource Management Act 1991 as to whether the trustees are persons who may be adversely affected by the granting of a resource consent for activities within, adjacent to, or directly affecting the statutory area.
(2)
Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.
30 Environment Court to have regard to statutory acknowledgement
(1)
On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in determining under section 274 of the Resource Management Act 1991 whether the trustees are persons having an interest in proceedings greater than the public generally in respect of an application for a resource consent for activities within, adjacent to, or directly affecting the statutory area.
(2)
Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991.
31 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
(1)
If, on or after the effective date, an application is made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—
(a)
Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48, 56, or 62 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and
(b)
the Environment Court, in determining under section 59(1) or 64(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.
(2)
In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.
Section 31: replaced, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
32 Recording statutory acknowledgement on statutory plans
(1)
On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
(2)
The attachment of information under subsection (1) to a statutory plan—
(a)
must include the relevant provisions of sections 27 to 34 in full, the description of the statutory areas, and the statements of association; and
(b)
is for the purpose of public information only, and the information is not—
(i)
part of the statutory plan, unless adopted by the relevant consent authority; or
(ii)
subject to the provisions of Schedule 1 of the Resource Management Act 1991, unless adopted as part of the statutory plan under subparagraph (i).
33 Distribution of resource consent applications to trustees
(1)
Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications received by that consent authority for activities within, adjacent to, or directly affecting a statutory area.
(2)
The information provided under subsection (1) must be—
(a)
the same as would be given under section 93 of the Resource Management Act 1991 to persons likely to be adversely affected, or as may be agreed between the trustees and the relevant consent authority; and
(b)
provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C of the Resource Management Act 1991.
(3)
The trustees may, by notice in writing to a relevant consent authority,—
(a)
waive their rights to be notified under this section; and
(b)
state the scope of that waiver and the period it applies for.
(4)
For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.
(5)
This section does not affect the obligation of a relevant consent authority to—
(a)
notify an application in accordance with sections 93 to 94C of the Resource Management Act 1991:
(b)
form an opinion as to whether the trustees are persons who may be adversely affected under those sections.
34 Use of statutory acknowledgement
(1)
The trustees and any member of the Affiliate may, as evidence of the association of the Affiliate with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga concerning activities within, adjacent to, or directly affecting the statutory area.
(2)
The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
(a)
relevant consent authorities:
(b)
the Environment Court:
(c)
Heritage New Zealand Pouhere Taonga:
(d)
parties to proceedings before those bodies:
(e)
any other person who is entitled to participate in those proceedings.
(3)
Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
(4)
Neither the trustees nor individual members of the Affiliate are precluded from stating that the Affiliate has an association with a statutory area that is not described in the statutory acknowledgement.
(5)
The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4).
Section 34(1): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
Section 34(2)(c): replaced, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
Application of statutory acknowledgements in relation to rivers
35 Statutory acknowledgements in relation to rivers
If a statutory acknowledgement relates to a river, the river—
(a)
means—
(i)
a continuously or intermittently flowing body of fresh water, including a stream or a modified watercourse; and
(ii)
the bed of the river; but
(b)
does not include—
(i)
a part of the bed of the river that is not owned by the Crown; or
(ii)
land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
(iii)
an artificial watercourse; or
(iv)
a tributary flowing into the river.
Geothermal statutory acknowledgement
36 Geothermal statutory acknowledgement by the Crown
(1)
The Crown acknowledges the statement of association.
(2)
In sections 40 and 42, statement of association means the statement—
(a)
made by the Affiliate of the particular cultural, spiritual, historical, and traditional association of the Affiliate with, and its use of, the geothermal resource; and
(b)
in the form set out in Part 2 of Schedule 3 of the deed of settlement at the settlement date.
37 Purposes of geothermal statutory acknowledgement
(1)
The only purposes of the geothermal statutory acknowledgement are to—
(a)
require consent authorities and the Environment Court to have regard to the geothermal statutory acknowledgement, as provided for in sections 38 and 39; and
(b)
require relevant consent authorities to forward summaries of certain kinds of resource consent applications to the trustees, as provided for in section 41; and
(c)
enable the trustees and a member of the Affiliate to cite the geothermal statutory acknowledgement as evidence of the association of the Affiliate with the relevant geothermal resource, as provided for in section 42.
(2)
This section does not limit sections 44 to 46.
38 Relevant consent authorities to have regard to geothermal statutory acknowledgement
(1)
On and from the effective date, a relevant consent authority must have regard to the geothermal statutory acknowledgement in forming an opinion in accordance with sections 93 to 94C of the Resource Management Act 1991 as to whether the trustees are persons who may be adversely affected by the granting of a resource consent under section 14 of the Resource Management Act 1991 in respect of the geothermal resource.
(2)
Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.
39 Environment Court to have regard to geothermal statutory acknowledgement
(1)
On and from the effective date, the Environment Court must have regard to the geothermal statutory acknowledgement in determining under section 274 of the Resource Management Act 1991 whether the trustees are persons having an interest in proceedings greater than the public generally in respect of an application for a resource consent under section 14 of the Resource Management Act 1991 in respect of the geothermal resource.
(2)
Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991.
40 Recording geothermal statutory acknowledgement on statutory plans
(1)
On and from the effective date, each relevant consent authority must attach information recording the geothermal statutory acknowledgement to all statutory plans that wholly or partly cover the Rotorua region geothermal system.
(2)
The attachment of information under subsection (1) to a statutory plan—
(a)
must include the relevant provisions of sections 36 to 42 in full, a description of the Rotorua region geothermal system, and the statement of association; and
(b)
is for the purpose of public information only, and the information is not—
(i)
part of the statutory plan, unless adopted by the relevant consent authority; or
(ii)
subject to the provisions of Schedule 1 of the Resource Management Act 1991, unless adopted as part of the statutory plan under subparagraph (i).
41 Distribution of resource consent applications to trustees
(1)
Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications made under section 14 of the Resource Management Act 1991 received by that consent authority in respect of the geothermal resource.
(2)
The information provided under subsection (1) must be—
(a)
the same as would be given under section 93 of the Resource Management Act 1991 to persons likely to be adversely affected, or as may be agreed between the trustees and the relevant consent authority; and
(b)
provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C of the Resource Management Act 1991.
(3)
The trustees may, by notice in writing to a relevant consent authority,—
(a)
waive their rights to be notified under this section; and
(b)
state the scope of that waiver and the period it applies for.
(4)
For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.
(5)
This section does not affect the obligation of a relevant consent authority to—
(a)
notify an application in accordance with sections 93 to 94C of the Resource Management Act 1991:
(b)
form an opinion as to whether the trustees are persons who may be adversely affected under those sections.
42 Use of geothermal statutory acknowledgement
(1)
The trustees and a member of the Affiliate may, as evidence of the association of the Affiliate with, and use by the Affiliate of, the geothermal resource, cite the geothermal statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority or the Environment Court concerning the taking, use, damming, or diverting of any geothermal resource.
(2)
The content of the statement of association is not, by virtue of the geothermal statutory acknowledgement, binding as deemed fact on—
(a)
relevant consent authorities:
(b)
the Environment Court:
(c)
parties to proceedings before those bodies:
(d)
any other person who is entitled to participate in those proceedings.
(3)
Despite subsection (2), the geothermal statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
(4)
Neither the trustees nor individual members of the Affiliate are precluded from stating that the Affiliate has an association with a geothermal resource that is not described in the geothermal statutory acknowledgement.
(5)
The content and existence of the geothermal statutory acknowledgement do not limit a statement made under subsection (4).
Deed of recognition
43 Authorisation to enter into and amend deed of recognition
(1)
The Minister of Conservation may—
(a)
enter into a deed of recognition with the trustees in respect of the land within the statutory areas:
(b)
amend a deed of recognition by entering into a deed with the trustees to amend that deed of recognition.
(2)
In this section, deed of recognition means a deed—
(a)
entered into in accordance with clauses 11.3 to 11.7 of the deed of settlement; and
(b)
in the form set out in Part 3 of Schedule 3 of the deed of settlement.
General provisions
44 Exercise of powers, duties, and functions
(1)
Except as expressly provided in this subpart,—
(a)
a statutory acknowledgement, a geothermal statutory acknowledgement, or a deed of recognition does not affect, and may not be taken into account by, any person exercising a power or performing a function or duty under legislation or a bylaw:
(b)
no person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of the Affiliate with a statutory area (as described in section 27) or a geothermal resource (as described in section 36) than that person would give under the relevant legislation or bylaw if no statutory acknowledgement, geothermal statutory acknowledgement, or deed of recognition existed in respect of the statutory area or geothermal resource, as the case may be.
(2)
Subsection (1)(b) does not affect the operation of subsection (1)(a).
45 Rights not affected
Except as expressly provided in this subpart, the statutory acknowledgement, geothermal statutory acknowledgement, or a deed of recognition does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.
46 Limitation of rights
Except as expressly provided in this subpart, the statutory acknowledgement, geothermal statutory acknowledgement, or a deed of recognition does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area or a geothermal resource, as the case may be.
Amendment to Resource Management Act 1991
47 Amendment to Resource Management Act 1991
Section 48 amends the Resource Management Act 1991.
48 Schedule 11 of Resource Management Act 1991 amended
Schedule 11 of the Resource Management Act 1991 is amended by inserting the following item in its appropriate alphabetical order: “Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008”
.
Subpart 3—Whenua rahui
49 Interpretation
In this subpart, unless the context otherwise requires,—
Affiliate values means the statements—
(a)
made by the Affiliate of its traditional, cultural, spiritual, and historical association with each of the whenua rahui; and
(b)
in the form set out in Part 5 of Schedule 3 of the deed of settlement at the settlement date
Conservation Board means a board established under section 6L of the Conservation Act 1987
New Zealand Conservation Authority means the authority established under section 6A of the Conservation Act 1987
protection principles means the protection principles set out in Part 5 of Schedule 3 of the deed of settlement or as amended under section 53(3)
whenua rahui means a site declared as whenua rahui by section 50.
50 Declaration of whenua rahui
Each site described in Schedule 4 is declared a whenua rahui.
51 The Crown’s acknowledgement of Affiliate values
The Crown acknowledges the Affiliate values in relation to each of the whenua rahui.
52 Purposes of whenua rahui declaration and acknowledgement
(1)
The only purposes of the declaration and acknowledgement under sections 50 and 51 are to—
(a)
require the New Zealand Conservation Authority and relevant Conservation Boards to have regard to the Affiliate values and the protection principles, as provided for in section 54; and
(b)
require the New Zealand Conservation Authority to give the trustees an opportunity to make submissions, as provided for in section 56; and
(c)
enable the taking of action under sections 58 to 62.
(2)
This section does not limit sections 65 to 67.
53 Agreement on protection principles
(1)
The trustees and the Crown may agree on, and publicise, protection principles that are directed at the Minister of Conservation—
(a)
avoiding harm to the Affiliate values in relation to the whenua rahui; or
(b)
avoiding the diminishing of Affiliate values in relation to the whenua rahui.
(2)
The protection principles set out in Part 5 of Schedule 3 of the deed of settlement are to be treated as having been agreed by the trustees and the Crown under subsection (1).
(3)
The trustees and the Crown may agree in writing any amendments to the protection principles.
54 New Zealand Conservation Authority and Conservation Boards to have particular regard to Affiliate values
When the New Zealand Conservation Authority or a Conservation Board considers a conservation document (including a draft) or a proposal or recommendation for a change of status in relation to a whenua rahui, it must have particular regard to the—
(a)
Affiliate values; and
(b)
protection principles.
55 New Zealand Conservation Authority and Conservation Boards to consult with trustees
Before approving a conservation document or making a proposal or recommendation for a change of status in relation to a whenua rahui, the New Zealand Conservation Authority or a Conservation Board must—
(a)
consult with the trustees; and
(b)
have particular regard to the views of the trustees as to the effect of the conservation document or proposal or recommendation for the change of status on the—
(i)
Affiliate values; and
(ii)
protection principles.
56 Conservation management strategy
If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to a whenua rahui, the New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
57 Noting of whenua rahui
(1)
The declaration of a whenua rahui under section 50 must be noted in all conservation documents affecting the whenua rahui.
(2)
The noting of a whenua rahui under subsection (1) is—
(a)
for the purpose of public notice only; and
(b)
not an amendment to a conservation document for the purposes of section 17I of the Conservation Act 1987, or section 46 of the National Parks Act 1980, as the case may be.
58 Notification in Gazette
(1)
The Minister of Conservation must notify in the Gazette—
(a)
the declaration of each site as a whenua rahui as soon as practicable after the settlement date; and
(b)
the protection principles as soon as practicable after the settlement date; and
(c)
any changes to the protection principles agreed under section 53(3) as soon as practicable after the amendment has been effected.
(2)
The Director-General may notify in the Gazette any action (including any action set out in paragraph 5 in each of the whenua rahui in Part 5 of Schedule 3 of the deed of settlement) taken or intended to be taken under any of sections 59 to 61.
(3)
The Director-General must notify in the Gazette any action taken or intended to be taken under section 62.
59 Actions by Director-General
(1)
The Director-General must take action in relation to the protection principles, including the actions set out in paragraph 5 in each of the whenua rahui in Part 5 of Schedule 3 of the deed of settlement.
(2)
The Director-General retains complete discretion to determine the method and extent of the action to be taken under subsection (1).
(3)
The Director-General must notify the trustees in writing of the intended action under subsection (1).
(4)
If requested in writing by the trustees, the Director-General must not take action in respect of the protection principles to which the request relates.
60 Amendment to conservation documents
(1)
The Director-General may initiate an amendment to a conservation document to incorporate objectives relating to the protection principles (including a recommendation to make regulations or bylaws).
(2)
The Director-General must consult with relevant Conservation Boards before initiating an amendment under subsection (1).
(3)
An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987, or section 46(1) to (4) of the National Parks Act 1980, as the case may be.
61 Regulations
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for all or any of the following purposes:
(a)
to provide for the implementation of objectives included in a conservation document under section 60(1):
(b)
to regulate or prohibit activities or conduct by members of the public in relation to a whenua rahui:
(c)
to create offences in respect of the contravention of any regulations made under paragraph (b), and provide for the imposition of fines—
(i)
not exceeding $5,000 for those offences; and
(ii)
for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
(2)
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 61(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
62 Bylaws
(1)
The Minister of Conservation may make bylaws for all or any of the following purposes:
(a)
to provide for the implementation of objectives included in a conservation document under section 60(1):
(b)
to regulate or prohibit activities or conduct by members of the public in relation to a whenua rahui:
(c)
to create offences in respect of the contravention of any bylaws made under paragraph (b), and provide for the imposition of fines—
(i)
not exceeding $1,000 for those offences; and
(ii)
for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
(2)
Bylaws under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker is not required to publish it. However, the Director-General must comply with section 58(3) | LA19 s 73(2) | ||
| Presentation | It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019 | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 62(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
63 Existing classification of whenua rahui
The purpose of, or classification of an area as, a national park, conservation area, or reserve is not affected by the fact that the area is, or is within, a whenua rahui.
64 Termination of whenua rahui status
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a whenua rahui site is no longer whenua rahui.
(2)
The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
(a)
the trustees and the Minister of Conservation have agreed in writing that the status of whenua rahui is no longer appropriate for the area concerned; or
(b)
the area concerned is disposed of by the Crown; or
(c)
the responsibility for managing the area concerned is transferred to another Minister of the Crown.
(3)
Subsection (4) applies if—
(a)
either of subsection (2)(b) or (c) applies; or
(b)
there is a change in the statutory management regime that applies to all or part of the whenua rahui.
(4)
The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of the whenua rahui, or that part of it affected by the disposal of the area or change in the management responsibility, through negotiation with the trustees by—
(a)
the Minister responsible for the new statutory management regime or regimes; or
(b)
the Commissioner of Crown Lands; or
(c)
any other responsible officer.
(5)
Subsection (4) does not apply to Matawhaura (part of the Lake Rotoiti Scenic Reserve) upon the vesting of that site under section 119(3).
(6)
The Minister of Conservation must ensure that an order under this section is published in the Gazette.
Section 64(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
65 Exercise of powers, duties, and functions
(1)
Nothing in section 50 or 51 affects or may be taken into account in the exercise of any power by, or performance of any duty or function of, any person under any legislation or bylaw.
(2)
No person, in considering a matter or making a decision or recommendation under any legislation or bylaw, may give any greater or lesser weight to the Affiliate values than that person would give if the area were not a whenua rahui and the Affiliate values had not been acknowledged in relation to the area.
(3)
Subsection (2) does not limit the operation of subsection (1).
(4)
This section applies subject to the other provisions of this subpart.
66 Rights not affected
(1)
Sections 50 and 51 do not affect the lawful rights or interests of any person who is not a party to the deed of settlement.
(2)
This section applies subject to the other provisions of this subpart.
67 Limitation of rights
(1)
Sections 50 and 51 do not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind relating to, a whenua rahui.
(2)
This section applies subject to the other provisions of this subpart.
Subpart 4—Specially classified reserves
68 Interpretation
In this subpart, unless the context otherwise requires,—
Affiliate values means the statements—
(a)
made by the Affiliate of its cultural, spiritual, historical, and traditional association with each of the specially classified reserves; and
(b)
in the form set out in Part 7 of Schedule 3 of the deed of settlement at the settlement date
protection principles means the protection principles set out in Part 7 of Schedule 3 of the deed of settlement or as amended under section 72(3)
specially classified reserve means a site declared as a specially classified reserve under section 69.
69 Declaration of specially classified reserves
The 3 sites described as recreation reserves in Schedule 5 are specially classified reserves.
70 The Crown’s acknowledgement of Affiliate values
The Crown acknowledges the Affiliate values in relation to the specially classified reserves.
71 Purposes of specially classified reserves declaration and acknowledgement
(1)
The only purposes of the declaration and acknowledgement under sections 69 and 70 are to—
(a)
require the Rotorua District Council to have regard to the protection principles, as provided for in section 73; and
(b)
require the Rotorua District Council to consult with the trustees, as provided for in section 74; and
(c)
enable the taking of action under sections 73 to 76.
(2)
This section does not limit sections 72 to 81.
72 Agreement on protection principles
(1)
The Rotorua District Council, the trustees, and the Crown may from time to time agree on protection principles that are directed at the Rotorua District Council and aim to—
(a)
avoid harm to, or the diminution of, the Affiliate values in relation to the specially classified reserves; and
(b)
at the same time, have regard to the wider local community values associated with the reserve status of the specially classified reserves.
(2)
The protection principles set out in Part 7 of Schedule 3 of the deed of settlement are to be treated as having been agreed between the Rotorua District Council, the trustees, and the Crown under subsection (1).
(3)
The protection principles may only be amended by the agreement in writing of the Rotorua District Council, the trustees, and the Crown.
73 Rotorua District Council to have regard to protection principles
The Rotorua District Council must have regard to the protection principles when it considers a management plan under section 41 of the Reserves Act 1977 or general policy.
74 Rotorua District Council to consult with trustees
Before approving general policy, or approving or completing the review of, or changing, a management plan under section 41 of the Reserves Act 1977, the Rotorua District Council must consult with the trustees about their views as to whether the general policy or review of, or change to, the management plan is consistent with the protection principles.
75 Notifications in Gazette
The Minister of Conservation must notify in the Gazette—
(a)
the declaration of each site as a specially classified reserve within 6 months after the date specified in the Order in Council made under section 2(2); and
(b)
the protection principles within 6 months after the date specified in the Order in Council made under section 2(2); and
(c)
any changes to the protection principles agreed under section 72(3) as soon as practicable after the amendment has been effected.
76 Actions by Rotorua District Council
(1)
When the Minister of Conservation gives notice in the Gazette of the agreed protection principles in accordance with section 75, the Rotorua District Council must review its management plan in accordance with section 41(4) of the Reserves Act 1977 in respect of each specially classified reserve to give effect to the protection principles for the reserve.
(2)
The Rotorua District Council has a complete discretion to determine the method and extent of the action to be taken under subsection (1).
(3)
Before making a determination under subsection (2), the Rotorua District Council must consult with the trustees and have particular regard to their views about whether the method and extent of any proposed action gives effect to the protection principles.
77 Existing classification of specially classified reserve
The purpose or classification of an area under the Reserves Act 1977 is not affected by the fact that the area is, or is within, a specially classified reserve.
78 Termination of specially classified reserve status
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a specially classified reserve is no longer a specially classified reserve.
(2)
The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
(a)
the trustees, the Minister of Conservation, and the Rotorua District Council have agreed in writing that the status of a specially classified reserve is no longer appropriate for the area concerned; or
(b)
the reservation of all or part of the specially classified reserve as a reserve is revoked.
(3)
The Minister of Conservation must consult with the trustees before deciding whether or not to revoke the reservation of all or part of a specially classified reserve.
(4)
The Minister of Conservation must ensure that an order under this section is published in the Gazette.
Section 78(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
79 Exercise of powers, duties, and functions
(1)
Nothing in section 69 or 70 affects or may be taken into account in the exercise of any power by, or performance of any duty or function of, any person under any legislation or bylaw.
(2)
No person, in considering a matter or making a decision or recommendation under any legislation or bylaw, may give any greater or lesser weight to the Affiliate values than that person would give under the relevant legislation or bylaw if the site were not a specially classified reserve and the Affiliate values had not been acknowledged in relation to the site.
(3)
Subsection (2) does not limit the operation of subsection (1).
(4)
This section applies subject to the other provisions of this subpart.
80 Rights not affected
Sections 69 and 70 do not affect the lawful rights or interests of any person who is not a party to the deed of settlement.
81 Limitation of rights
Sections 69 and 70 do not have the effect of granting, creating, or providing evidence of an estate or interest in, or any rights of any kind relating to, a specially classified reserve.
Subpart 5—The Crown not prevented from providing other relationship redress
82 The Crown not prevented from providing other relationship redress
(1)
The Crown’s provision of cultural redress does not prevent the Crown doing anything that is consistent with that cultural redress, including—
(a)
providing the same or similar redress to a person other than the Affiliate or the trustees:
(b)
disposing of land.
(2)
Subsection (1) is not an acknowledgement by the Crown or the Affiliate that any other iwi or group has interests in relation to land or an area to which any of the cultural redress relates.
(3)
In this section, cultural redress means the protocols, statutory acknowledgements, geothermal statutory acknowledgement, deed of recognition, whenua rahui, and specially classified reserves.
Subpart 6—Place names
83 Interpretation
In this subpart,—
new place name—
(a)
means—
(i)
the place name to which the existing place name is altered under section 84(1):
(ii)
the place name assigned to the location under section 84(2); and
(b)
includes any alteration to a place name under section 86
New Zealand Geographic Board means the board established under section 3 of the New Zealand Geographic Board Act 1946.
84 Place names
(1)
The existing place name specified in the first column of Part 8 of Schedule 3 of the deed of settlement (at the settlement date) is altered to the new place name specified in the second column of that Part of that schedule.
(2)
The new place name specified in the second column of the second item of Part 8 of Schedule 3 of the deed of settlement (at the settlement date) is assigned to the location described in the third column of that Part of that schedule.
(3)
Except where this subpart expressly provides otherwise, the changes made under subsections (1) and (2) are to be treated as having been made—
(a)
with the approval of the New Zealand Geographic Board; and
(b)
in accordance with any enactment that applies to altering or assigning place names.
85 Publication of new place names notice
(1)
The New Zealand Geographic Board must, as soon as practicable after the settlement date, publish a notice in the Gazette—
(a)
specifying each new place name and its location (and the existing place name being altered); and
(b)
stating that the new place names take effect on the date of the Gazette notice; and
(c)
stating that the New Zealand Geographic Board may alter the new place names or their locations in accordance with section 86.
(2)
The New Zealand Geographic Board must, as soon as practicable after publication of the notice under subsection (1), ensure that a copy of the notice is published in accordance with any enactment that applies to altering or assigning place names.
(3)
A copy of the Gazette notice published under subsection (1) is conclusive evidence that the new place names were altered or assigned on the date of the Gazette notice.
86 Alteration of new place names
(1)
Despite the provisions of any enactment that applies to altering or assigning place names, the New Zealand Geographic Board may, with the consent of the trustees, alter any new place name or its location.
(2)
Section 85 applies, with any necessary modifications, to an alteration made under subsection (1).
87 Date place name altered or assigned
Place names altered or assigned under section 84 or 86 take effect on the date of the Gazette notice published under section 85(1).
Part 3 Cultural redress properties and other properties
Subpart 1—Vesting of cultural redress properties
88 Interpretation
In this Act, cultural redress property means any of the following sites, and each site means the land described by that name in Schedule 6:
(a)
Pateko Island:
(b)
Te Koutu Pa:
(c)
Okataina Lodge site:
(d)
Okataina Outdoor Education Centre site:
(e)
Te Ariki site:
(f)
Punaromia site:
(g)
site on Horohoro Bluff:
(h)
site adjacent to Orakei Korako:
(i)
site adjacent to Lake Rotomahana:
(j)
Te Wairoa:
(k)
Lake Rotokawa site:
(l)
beds of Lakes Rotongata (Mirror Lake) and Rotoatua:
(m)
Moerangi site:
(n)
Kakapiko:
(o)
Rangitoto site:
(p)
sites on Paeroa Range:
(q)
Wai-o-Tapu site:
(r)
Roto-a-Tamaheke Reserve:
(s)
Whakarewarewa Thermal Springs Reserve:
(t)
the school sites.
Sites that vest in fee simple
89 Pateko Island
(1)
The reservation of Pateko Island under the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Pateko Island vests in the trustees.
90 Te Koutu Pa
(1)
The reservation of Te Koutu Pa under the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Te Koutu Pa vests in the trustees.
91 Okataina Lodge site
(1)
The reservation of the Okataina Lodge site under the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Okataina Lodge site vests in the trustees.
(3)
Subsections (1) and (2) are subject to the trustees granting to the Crown a registrable lease of the Okataina Lodge site in the form set out in Part 9 of Schedule 2 of the deed of settlement.
(4)
In the lease of the Okataina Lodge site dated 23 December 1975, the terms of which are incorporated into the leasehold interest held in computer interest register SA23A/1000, references to the Board, the Commissioner, and the Minister are to be read as references to the Lessor.
92 Okataina Outdoor Education Centre site
(1)
The reservation of the Okataina Outdoor Education Centre site under the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Okataina Outdoor Education Centre site vests in the trustees.
93 Te Ariki trust
(1)
In this section and sections 94 and 111,—
Te Ariki trust means the trust established by the Crown by deed of trust to hold on trust the share of the Te Ariki site to be vested in its trustees under section 94(2)
trustees of the Te Ariki trust means the trustees from time to time of the Te Ariki trust.
(2)
The Crown must establish the Te Ariki trust before the settlement date.
(3)
Schedule 4 of the Public Finance Act 1989 is amended by inserting the following item in its appropriate alphabetical order: “Te Ariki trust”
.
(4)
To avoid doubt, the obligations of the Te Ariki trust under the Public Finance Act 1989 are the responsibility of the trustees of the Te Ariki trust.
(5)
The Te Ariki trust is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.
(6)
The deed establishing the Te Ariki trust is valid and enforce-able in accordance with its terms as a private trust, despite any enactment or rule of law.
94 Te Ariki site
(1)
The reservation of the Te Ariki site under the Reserves Act 1977 is revoked.
(2)
An undivided half share of the fee simple estate in the Te Ariki site vests in the trustees of the Te Pumautanga o Te Arawa trust and an undivided half share of the fee simple estate in the Te Ariki site vests in the trustees of the Te Ariki trust as tenants in common.
(3)
Subsections (1) and (2) are subject to the trustees of the Te Pumautanga o Te Arawa trust and the trustees of the Te Ariki trust—
(a)
entering into a management deed in the form set out in Part 3 of Schedule 2 of the deed of settlement; and
(b)
providing the Crown with a registrable public walkway easement under section 8 of the New Zealand Walkways Act 1990 in relation to the Te Ariki site in the form set out in Part 4 of Schedule 2 of the deed of settlement.
95 Punaromia site
(1)
The reservation of the Punaromia site under the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Punaromia site vests in the trustees.
Sites that vest in fee simple subject to conservation covenant
96 Site on Horohoro Bluff
(1)
The site on Horohoro Bluff ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in the site on Horohoro Bluff vests in the trustees.
(3)
Subsections (1) and (2) are subject to the trustees providing the Crown with a registrable covenant in relation to the site on Horohoro Bluff in the form of the Horohoro Bluff Covenant set out in Part 2 of Schedule 2 of the deed of settlement.
(4)
The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.
97 Site adjacent to Orakei Korako
(1)
The fee simple estate in the site adjacent to Orakei Korako vests in the trustees.
(2)
Subsection (1) is subject to the trustees providing the Crown with a registrable covenant in relation to the site adjacent to Orakei Korako in the form of the Orakei Korako Covenant set out in Part 2 of Schedule 2 of the deed of settlement.
(3)
The covenant referred to in subsection (2) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.
98 Site adjacent to Lake Rotomahana
(1)
The fee simple estate in the site adjacent to Lake Rotomahana vests in the trustees.
(2)
Subsection (1) is subject to the trustees providing the Crown with a registrable covenant in relation to the site adjacent to Lake Rotomahana in the form of the Lake Rotomahana Covenant set out in Part 2 of Schedule 2 of the deed of settlement.
(3)
The covenant referred to in subsection (2) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.
99 Te Wairoa
(1)
The reservation of Te Wairoa under the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Te Wairoa vests in the trustees.
(3)
Subsections (1) and (2) are subject to the trustees providing the Crown with a registrable covenant in relation to Te Wairoa in the form of the Te Wairoa Covenant set out in Part 2 of Schedule 2 of the deed of settlement.
(4)
The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of—
(a)
section 77 of the Reserves Act 1977; and
(b)
section 27 of the Conservation Act 1987.
100 Lake Rotokawa site
(1)
The fee simple estate in the Lake Rotokawa site vests in the trustees.
(2)
The vesting of the Lake Rotokawa site under subsection (1) does not give any rights to, or impose any obligations on, the trustees in relation to—
(a)
the waters of Lake Rotokawa; or
(b)
the aquatic life of Lake Rotokawa (other than plants attached to the bed of Lake Rotokawa).
(3)
Any moveable boundary of the Lake Rotokawa site is governed by the applicable common law rules of accretion, erosion, and avulsion.
(4)
Subsections (1) to (3) are subject to the trustees providing the Crown with a registrable covenant in relation to the Lake Rotokawa site in the form of the Lake Rotokawa Covenant set out in Part 2 of Schedule 2 of the deed of settlement.
(5)
The covenant referred to in subsection (4) is to be treated as a conservation covenant for the purposes of—
(a)
section 77 of the Reserves Act 1977; and
(b)
section 27 of the Conservation Act 1987.
101 Beds of Lakes Rotongata (Mirror Lake) and Rotoatua
(1)
The reservation of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the beds of Lakes Rotongata (Mirror Lake) and Rotoatua vests in the trustees.
(3)
The vesting of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to—
(a)
the waters of those lakes; or
(b)
the aquatic life of those lakes (other than plants attached to the beds of the lakes).
(4)
Any moveable boundary of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua is governed by the applicable common law rules of accretion, erosion, and avulsion.
(5)
Subsections (1) to (4) are subject to the trustees providing the Crown with a registrable covenant in relation to the beds of Lakes Rotongata (Mirror Lake) and Rotoatua in the form of the Lakes Rotongata (Mirror Lake) and Rotoatua Covenant set out in Part 2 of Schedule 2 of the deed of settlement.
(6)
The covenant referred to in subsection (5) is to be treated as a conservation covenant for the purposes of—
(a)
section 77 of the Reserves Act 1977; and
(b)
section 27 of the Conservation Act 1987.
102 Moerangi site
(1)
Section 23 of the Crown Forest Assets Act 1989 applies in relation to the Moerangi site, at all times (including before the settlement date),—
(a)
despite the site not being Crown forest land and not being returned to Maori ownership in accordance with section 36 of that Act; and
(b)
as if references to the licensor were references to the owner of the fee simple estate in the site.
(2)
The fee simple estate in the Moerangi site vests in the trustees.
(3)
Subsection (2) is subject to the trustees providing the Crown with a registrable covenant in relation to the Moerangi site in the form of the Moerangi Covenant set out in Part 2 of Schedule 2 of the deed of settlement.
(4)
The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of—
(a)
section 77 of the Reserves Act 1977; and
(b)
section 27 of the Conservation Act 1987.
103 Kakapiko
(1)
Section 23 of the Crown Forest Assets Act 1989 applies in relation to Kakapiko, at all times (including before the settlement date),—
(a)
despite the site not being Crown forest land and not being returned to Maori ownership in accordance with section 36 of that Act; and
(b)
as if references to the licensor were references to the owner of the fee simple estate in the site.
(2)
The fee simple estate in Kakapiko vests in the trustees.
(3)
Subsection (2) is subject to the trustees providing the Crown with a registrable covenant in relation to Kakapiko in the form of the Kakapiko Covenant set out in Part 2 of Schedule 2 of the deed of settlement.
(4)
The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.
Sites that vest in fee simple to be administered as scenic reserves
104 Rangitoto site
(1)
The reservation of the Rangitoto site as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Rangitoto site vests in the trustees.
(3)
The Rangitoto site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve created by subsection (3) is named Rangitoto Scenic Reserve, despite section 16(10) of the Reserves Act 1977.
105 Sites on Paeroa Range
(1)
The reservation of the sites on Paeroa Range as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the sites on Paeroa Range vests in the trustees.
(3)
The sites on Paeroa Range are declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve created by subsection (3) is named Ruatihi o Paeroa Scenic Reserve, despite section 16(10) of the Reserves Act 1977.
106 Wai-o-Tapu site
(1)
The reservation of the Wai-o-Tapu site as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Wai-o-Tapu site vests in the trustees.
(3)
The Wai-o-Tapu site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve created by subsection (3) is named Wai-o-Tapu Scenic Reserve, despite section 16(10) of the Reserves Act 1977.
(5)
Subsections (1) to (4) are subject to the trustees granting a registrable right of way easement in favour of Lot 1 DPS 45063 over the area shown marked A on SO 395143 in the form set out in Part 5 of Schedule 2 of the deed of settlement.
(6)
An easement granted in accordance with subsection (5) is—
(a)
enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and
(b)
to be treated as having been granted in accordance with that Act.
(7)
In the lease of the Wai-o-Tapu site dated 22 October 1969, the terms of which are incorporated into the deed of renewal of that lease dated 25 September 2000 between the Crown and Waiotapu Thermal Tourist Park Limited, references to the District Manager of the Tourist Department, the General Manager, the Minister of Tourist and Health Resorts, and the Governor-General are to be read as references to the Lessor.
Sites that vest in fee simple to be administered as recreation reserves
107 Roto-a-Tamaheke Reserve
(1)
This section takes effect on the date specified in the Order in Council made under section 2(1).
(2)
The Tourist and Health Resorts Control Act 1908 ceases to apply to Roto-a-Tamaheke Reserve.
(3)
The reservation of Roto-a-Tamaheke Reserve as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.
(4)
The fee simple estate in Roto-a-Tamaheke Reserve vests in the trustees.
(5)
Roto-a-Tamaheke Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(6)
The reserve created by subsection (5) is named Roto-a-Tamaheke Recreation Reserve, despite section 16(10) of the Reserves Act 1977.
108 Whakarewarewa Thermal Springs Reserve
(1)
This section takes effect on the date specified in the Order in Council made under section 2(1).
(2)
The Tourist and Health Resorts Control Act 1908 ceases to apply to Whakarewarewa Thermal Springs Reserve.
(3)
Schedule 2 of the Tourist and Health Resorts Control Act 1908 is amended by omitting the item “Whakarewarewa Thermal Springs Reserve”
.
(4)
The reservation of Whakarewarewa Thermal Springs Reserve as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.
(5)
The fee simple estate in Whakarewarewa Thermal Springs Reserve vests in the trustees.
(6)
Whakarewarewa Thermal Springs Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(7)
The reserve created by subsection (6) is named Whakarewarewa Thermal Springs Recreation Reserve, despite section 16(10) of the Reserves Act 1977.
(8)
Subsections (4) to (7) are subject to the trustees granting to the New Zealand Maori Arts and Crafts Institute a registrable lease of Whakarewarewa Thermal Springs Reserve in the form set out in Part 7 of Schedule 2 of the deed of settlement.
(9)
The following documents are enforceable in accordance with their terms, despite the provisions of the Reserves Act 1977 and the Tourist and Health Resorts Control Act 1908, and are to be treated as having been granted in accordance with those Acts:
(a)
a registrable lease of Whakarewarewa Thermal Springs Reserve granted in accordance with subsection (8):
(b)
a registrable variation of lease—
(i)
to vary the lease held in computer interest register SA2021/47, as partially surrendered by a registrable surrender in respect of Section 7 Block I Tarawera Survey District; and
(ii)
entered into by the Crown and the New Zealand Maori Arts and Crafts Institute in the form set out in Part 6 of Schedule 2 of the deed of settlement:
(c)
a registrable lease of Section 101 Block I Tarawera Survey District granted by the Crown to the New Zealand Maori Arts and Crafts Institute in the form set out in Part 8 of Schedule 2 of the deed of settlement.
(10)
The lessor of the lease referred to in subsection (8) is entitled to receive and use the annual rent payable under the lease for any purpose, despite the provisions of the Reserves Act 1977.
(11)
The Minister of Tourism may execute any or all of the documents referred to in subsection (9) on behalf of the New Zealand Maori Arts and Crafts Institute as lessee.
(12)
A document executed under subsection (11) has effect as if it were properly executed by the New Zealand Maori Arts and Crafts Institute as lessee in accordance with the New Zealand Maori Arts and Crafts Institute Act 1963 and any rules made under that Act.
School sites
109 School sites vest in fee simple
(1)
The fee simple estate in each school site vests in the trustees.
(2)
Subsection (1) is subject to the trustees granting to the Crown a lease in respect of each school site in the form set out in Part 12 of Schedule 2 of the deed of settlement.
Subpart 2—General provisions relating to vesting of cultural redress properties
110 Vesting subject to encumbrances
The vesting of each cultural redress property is subject to any encumbrances listed for the property in Schedule 6.
111 Registration of ownership
(1)
This section applies to the fee simple estate in a cultural redress property vested under this Part.
(2)
The Registrar-General must, on written application by an authorised person, comply with subsections (3) to (5).
(3)
To the extent that a cultural redress property is all of the land contained in a computer freehold register, the Registrar-General must—
(a)
register the trustees of the Te Pumautanga o Te Arawa trust as the proprietors of the fee simple estate in the land; and
(b)
make any entries in the register, and do all other things, that are necessary to give effect to this Part and to Part 10 of the deed of settlement.
(4)
To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application received from an authorised person,—
(a)
create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees of the Te Pumautanga o Te Arawa trust; and
(b)
enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application.
(5)
However, in the case of the Te Ariki site, the Registrar-General must, in accordance with applications received from an authorised person,—
(a)
create a computer freehold register for an undivided half share of the fee simple estate in the property in the names of the trustees of the Te Pumautanga o Te Arawa trust; and
(b)
create a computer freehold register for an undivided half share of the fee simple estate in the property in the names of the trustees of the Te Ariki trust; and
(c)
enter on each register any encumbrances that are registered, notified, or notifiable and that are described in the application relating to the register.
(6)
Subsections (4) and (5) apply subject to the completion of any survey necessary to create the computer freehold register.
(7)
A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
(a)
24 months after the settlement date; or
(b)
any later date that may be agreed in writing by the trustees of the Te Pumautanga o Te Arawa trust and the Crown.
(8)
However, in the case of Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve, subsection (7) applies as if references to the settlement date were references to the date specified in the Order in Council made under section 2(1).
(9)
In subsections (2), (4), and (5), authorised person means a person authorised by—
(a)
the chief executive of LINZ, in the case of—
(i)
the site adjacent to Orakei Korako:
(ii)
the site adjacent to Lake Rotomahana:
(iii)
the Lake Rotokawa site:
(iv)
the Moerangi site:
(v)
Kakapiko:
(b)
the chief executive of the Ministry of Economic Development, in the case of—
(i)
Roto-a-Tamaheke Reserve:
(ii)
Whakarewarewa Thermal Springs Reserve:
(c)
the chief executive of the Ministry of Education, in the case of a school site:
(d)
the Director-General, in all other cases.
112 Application of Part 4A of Conservation Act 1987
(1)
In this section and sections 113, 114, 117, and 119, reserve site means each of the following cultural redress properties:
(a)
Rangitoto site:
(b)
sites on Paeroa Range:
(c)
Wai-o-Tapu site:
(d)
Roto-a-Tamaheke Reserve:
(e)
Whakarewarewa Thermal Springs Reserve.
(2)
The vesting of the fee simple estate in a cultural redress property under this Part is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.
(3)
Despite subsection (2),—
(a)
the rest of section 24 of the Conservation Act 1987 does not apply to the vesting of—
(i)
Pateko Island under section 89(2); or
(ii)
Te Koutu Pa under section 90(2); or
(iii)
the Te Ariki site under section 94(2); or
(iv)
Sections 1 and 2 SO 384463, which vest as part of the Lake Rotokawa site under section 100(1); or
(v)
a reserve site under section 104(2), 105(2), 106(2), 107(4), or 108(5); or
(vi)
a school site under section 109(1); and
(b)
the marginal strip reserved by section 24 of the Conservation Act 1987 from the vesting of the Punaromia site under section 95(2) is reduced to a width of 10 metres; and
(c)
Part 4A of the Conservation Act 1987 does not apply to the vesting of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under section 101(2).
(4)
If the reservation, under this Part, of a reserve site is revoked in relation to all or part of the site, then the site’s vesting referred to in subsection (3)(a)(v) is no longer exempt from the rest of section 24 of the Conservation Act 1987 in relation to all or that part of the site, as the case may be.
(5)
If a lease referred to in section 109(2) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of a school site, then the site’s vesting referred to in subsection (3)(a)(vi) is no longer exempt from the rest of section 24 of the Conservation Act 1987 in relation to all or that part of the site, as the case may be.
113 Recording application of Part 4A of Conservation Act 1987 and sections of this Act
(1)
The Registrar-General must record on the computer freehold register for—
(a)
each of the following properties that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply:
(i)
Pateko Island; and
(ii)
Te Koutu Pa; and
(iii)
the Te Ariki site; and
(b)
the Lake Rotokawa site that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply to Sections 1 and 2 SO 384463; and
(c)
a reserve site that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply, and that the land is subject to sections 112(4) and 117 of this Act; and
(d)
a school site that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply, and that the land is subject to section 112(5) of this Act; and
(e)
the Punaromia site that the land is subject to Part 4A of the Conservation Act 1987, but that the marginal strip is reduced to a width of 10 metres; and
(f)
the beds of Lakes Rotongata (Mirror Lake) and Rotoatua that Part 4A of the Conservation Act 1987 does not apply; and
(g)
any other cultural redress property that the land is subject to Part 4A of the Conservation Act 1987.
(2)
A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.
(3)
If the reservation, under this Part, of a reserve site is revoked in relation to—
(a)
all of the site, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—
(i)
section 24 of the Conservation Act 1987 does not apply to the site; and
(ii)
the site is subject to sections 112(4) and 117 of this Act; or
(b)
part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the site that remains a reserve.
(4)
If a lease referred to in section 109(2) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of a school site, then the Minister of Education must apply in writing to the Registrar-General to,—
(a)
if none of the site remains subject to such a lease, remove from the computer freehold register for the site the notifications that—
(i)
section 24 of the Conservation Act 1987 does not apply to the site; and
(ii)
the site is subject to section 112(5) of this Act; or
(b)
if only part of the site remains subject to such a lease (the leased part), amend the notifications on the computer freehold register for the site to record that, in relation to only the leased part,—
(i)
section 24 of the Conservation Act 1987 does not apply to that part; and
(ii)
that part is subject to section 112(5) of this Act.
(5)
The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4).
114 Application of Reserves Act 1977 to reserve sites
(1)
The trustees of the Te Pumautanga o Te Arawa trust are the administering body of a reserve site for the purposes of the Reserves Act 1977.
(2)
Sections 48A, 114, and 115 of the Reserves Act 1977 apply to a reserve site, despite sections 48A(6), 114(5), and 115(6) of that Act.
(3)
Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve site.
(4)
If the reservation, under this Part, of a reserve site is revoked under section 24 of the Reserves Act 1977 in relation to all or part of the site, section 25 of that Act, except subsection (2), does not apply to the revocation.
115 Application of other enactments
(1)
Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this Part, of the reserve status of a cultural redress property.
(2)
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—
(a)
the vesting of the fee simple estate in a cultural redress property under this Part; or
(b)
any matter incidental to, or required for the purpose of, the vesting.
(3)
The vesting of the fee simple estate in a cultural redress property under this Part does not—
(a)
limit section 10 or 11 of the Crown Minerals Act 1991; or
(b)
affect other rights to subsurface minerals; or
(c)
limit the rights and obligations of the Crown or a local authority in respect of geothermal energy (within the meaning of section 2(1) of the Resource Management Act 1991) under any enactment or rule of law.
(4)
The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to a cultural redress property.
116 Application of certain payments
(1)
The Minister of Conservation may direct that any intra-Crown payment for a site listed in subsection (2) be paid and applied in the manner specified in section 82(1)(a) of the Reserves Act 1977.
(2)
The sites are—
(a)
Pateko Island:
(b)
Te Koutu Pa:
(c)
Okataina Lodge site:
(d)
Okataina Outdoor Education Centre site:
(e)
Te Ariki site:
(f)
Punaromia site:
(g)
Te Wairoa:
(h)
beds of Lakes Rotongata (Mirror Lake) and Rotoatua:
(i)
Rangitoto site:
(j)
sites on Paeroa Range:
(k)
Wai-o-Tapu site:
(l)
Roto-a-Tamaheke Reserve:
(m)
Whakarewarewa Thermal Springs Reserve:
(n)
Matawhaura (part of the Lake Rotoiti Scenic Reserve).
117 Subsequent transfer of reserve land
(1)
This section applies to all, or the part, of a reserve site that, at any time after vesting under this Part in the trustees of the Te Pumautanga o Te Arawa trust, remains a reserve under the Reserves Act 1977 (the reserve land).
(2)
The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.
(3)
The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners) if, upon written application, the registered proprietors of the reserve land satisfy the Minister that the new owners are able to—
(a)
comply with the requirements of the Reserves Act 1977; and
(b)
perform the duties of an administering body under that Act.
(4)
The Registrar-General must, upon receiving the documents specified in subsection (5), register the new owners as the proprietors of the fee simple estate in the reserve land.
(5)
The documents are—
(a)
a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and
(b)
the written consent of the Minister of Conservation to the transfer of the reserve land; and
(c)
any other document required for registration of the transfer instrument.
(6)
The new owners, from the time of registration under subsection (4),—
(a)
are the administering body of the reserve land for the purposes of the Reserves Act 1977; and
(b)
hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.
(7)
Despite subsections (1) and (2), this section does not apply to the transfer of the fee simple estate in reserve land if—
(a)
the transferors of the reserve land are or were the trustees of a trust; and
(b)
the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and
(c)
the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.
Subpart 3—Delayed vesting of other properties
Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa
118 Interpretation
In this Act,—
Matawhaura (part of the Lake Rotoiti Scenic Reserve) means the land described by that name in Schedule 4
Ngati Makino settlement legislation means legislation enacted to implement a deed of settlement between the Crown and Ngati Makino, or a claimant group that includes Ngati Makino, to settle the historical claims of Ngati Makino
Otari Pa means the land described by that name in Schedule 7
Pikiao entity—
(a)
means a body corporate or trust established in accordance with clause 10.34.1 or 10.36 of the deed of settlement; and
(b)
if the trust referred to in paragraph (a) is established, includes the trustees from time to time of that trust
Pikiao vesting date means—
(a)
the date specified in a provision of Ngati Makino settlement legislation as the date on which Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa vest in the Pikiao entity; or
(b)
if there is no such provision in force on the date that is 2 years after the date specified in the Order in Council made under section 2(2), the later of—
(i)
the day on which the Minister in Charge of Treaty of Waitangi Negotiations receives notice from the trustees of the Te Pumautanga o Te Arawa trust and the trustees of the Ngati Makino Heritage Trust that they have reached agreement in relation to the manawhenua interests (where manawhenua interests has the meaning agreed by those trustees) of Ngati Pikiao affiliate hapu and Ngati Makino in respect of both sites; or
(ii)
the day after the date the Pikiao entity is established in accordance with clause 10.36 of the deed of settlement.
119 Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa vest in Pikiao entity
(1)
This section takes effect on the Pikiao vesting date.
(2)
The reservation of Matawhaura (part of the Lake Rotoiti Scenic Reserve) as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.
(3)
The fee simple estate in Matawhaura (part of the Lake Rotoiti Scenic Reserve) vests in the Pikiao entity.
(4)
Matawhaura (part of the Lake Rotoiti Scenic Reserve) is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(5)
The fee simple estate in Otari Pa vests in the Pikiao entity.
(6)
The statutory acknowledgement under section 27 ceases to apply in relation to Otari Pa.
(7)
The vesting of Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa is subject to any encumbrances that affect each property on the Pikiao vesting date.
(8)
Sections 111 to 115 and 117 apply to Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa as if—
(a)
each site were a cultural redress property; and
(b)
references to the trustees of the Te Pumautanga o Te Arawa trust were references to the Pikiao entity; and
(c)
references in section 111(7) to the settlement date were references to the Pikiao vesting date; and
(d)
section 111(9) defined authorised person to mean a person authorised by—
(i)
the Director-General, in the case of Matawhaura (part of the Lake Rotoiti Scenic Reserve); or
(ii)
the chief executive of LINZ, in the case of Otari Pa; and
(e)
Matawhaura (part of the Lake Rotoiti Scenic Reserve) were a reserve site, and the vesting of that reserve site were referred to in section 112(3)(a)(v).
(9)
The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa vest in the Pikiao entity, notify the vesting and the date of vesting in the Gazette.
Karamuramu Baths land
120 Interpretation
In sections 121 to 123,—
airport land means the land described by that name in Schedule 7
airport lease means registered lease 6499434.3 between the Rotorua District Council and Rotorua Regional Airport Limited held in computer interest register 231242
esplanade land means the part of the airport land described by that name in Schedule 5
Karamuramu Baths land means the part of the airport land described by that name in Schedule 5.
121 Karamuramu Baths land and esplanade land set aside as esplanade reserve
(1)
This section takes effect on the earlier of—
(a)
the day after the airport lease is surrendered or terminated in respect of the Karamuramu Baths land and the esplanade land; or
(b)
the day after the airport lease expires.
(2)
The Karamuramu Baths land and the esplanade land are set aside as an esplanade reserve under the Resource Management Act 1991, in that—
(a)
the land is set aside as a local purpose reserve for esplanade purposes under the Reserves Act 1977; and
(b)
the Rotorua District Council is the administering body of the reserve for the purposes of the Reserves Act 1977.
(3)
The special classification and acknowledgement applied by sections 69 and 70 to the reserve described in Schedule 5 as the recreation reserve at Hannah’s Bay (including Otauira Swamp), apply also to the Karamuramu Baths land and the esplanade land, as if those 2 areas of land were part of that reserve.
(4)
The Minister of Conservation must, as soon as practicable after this section takes effect, notify in the Gazette—
(a)
the setting aside of the Karamuramu Baths land as an esplanade reserve; and
(b)
the setting aside of the esplanade land as an esplanade reserve; and
(c)
the special classification of the Karamuramu Baths land; and
(d)
the special classification of the esplanade land.
(5)
Subsection (4)(a) and (c) does not apply if the Karamuramu Baths land is set aside under subsection (2) on the day specified in subsection (1)(b).
122 Karamuramu Baths land vests in trustees in fee simple
(1)
If the Karamuramu Baths land is set aside under section 121(2) on the day specified in section 121(1)(a), then the chief executive of the Rotorua District Council may, at any time, give written notice to the Director-General—
(a)
that the Karamuramu Baths land is to vest in fee simple in the trustees; and
(b)
specifying the date of the vesting in the trustees, which must be 5 business days after the date that the notice is given.
(2)
Subsections (3) to (9) take effect on the earlier of—
(a)
the date specified in a notice given in accordance with subsection (1); or
(b)
the day after the airport lease expires, or would have expired if it had not been surrendered or terminated earlier.
(3)
The reservation of the Karamuramu Baths land as an esplanade reserve is revoked.
(4)
The special classification and acknowledgement applied by section 121(3) to the Karamuramu Baths land cease to apply.
(5)
The fee simple estate in the Karamuramu Baths land vests in the trustees.
(6)
The Karamuramu Baths land vests under subsection (5) free of any encumbrance.
(7)
Sections 111 and 115 apply to the Karamuramu Baths land as if—
(a)
the land were a cultural redress property; and
(b)
references in section 111(7) to the settlement date were references to the date that subsections (3) to (9) take effect, as described in subsection (2); and
(c)
section 111(9) defined authorised person to mean a person authorised by the Director-General.
(8)
The Minister of Conservation must, as soon as practicable after subsections (3) to (9) take effect, notify in the Gazette—
(a)
the revocation of the esplanade reserve status of the Karamuramu Baths land; and
(b)
the cessation of the special classification of the Karamuramu Baths land; and
(c)
the vesting of the Karamuramu Baths land in the trustees.
(9)
Subsection (8)(a) and (b) does not apply if the Karamuramu Baths land is set aside under section 121(2) on the day specified in section 121(1)(b).
(10)
To avoid doubt, Part 4A of the Conservation Act 1987 does not apply to the vesting of the Karamuramu Baths land under subsection (5).
123 Easement may be granted in favour of Karamuramu Baths land
(1)
The Rotorua District Council may, at any time after the Karamuramu Baths land vests in the trustees under section 122(5), grant a right of way easement in favour of that land over any or all of the following:
(a)
the reserve described in Schedule 5 as the recreation reserve at Hannah’s Bay (including Otauira Swamp):
(b)
the esplanade land:
(c)
the airport land (other than the Karamuramu Baths land and the esplanade land).
(2)
The terms of an easement granted under subsection (1) are to be agreed upon by the Rotorua District Council and the trustees.
(3)
An easement granted in accordance with subsections (1) and (2) is—
(a)
enforceable in accordance with its terms, despite any other enactment or rule of law; and
(b)
to be treated as having been granted in accordance with any enactment that applies to granting the easement.
(4)
The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way under this section.
Part 4 Commercial redress
Subpart 1—Transfer of commercial redress properties
124 The Crown authorised to do certain acts
(1)
To give effect to Part 12 of the deed of settlement, the Crown (acting by and through the Commissioner of Crown Lands in respect of land held under the Land Act 1948 and the chief executive of LINZ in all other cases) is authorised to do 1 or both of the following:
(a)
transfer the fee simple estate in a commercial redress property to the trustees:
(b)
sign a transfer instrument or other document, or do any other thing to effect a transfer.
(2)
Subsection (1) does not apply to the MAF forest land.
125 Minister of Conservation may grant easements
(1)
The Minister of Conservation may grant a right of way easement over a conservation area, as required by Part 12 of the deed of settlement.
(2)
An easement granted in accordance with subsection (1) is—
(a)
enforceable in accordance with its terms, despite Part 3B of the Conservation Act 1987; and
(b)
to be treated as having been granted in accordance with Part 3B of that Act; and
(c)
registrable under section 17ZA(2) of that Act, as if it were a deed to which that provision applied.
126 Registrar-General to create computer freehold register
(1)
This section applies to a commercial redress property to the extent that it is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property.
(2)
The Registrar-General must, in accordance with a written application by an authorised person, and after completion of any necessary survey, create a computer freehold register in the name of the Crown—
(a)
subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
(b)
without any statement of purpose.
(3)
The authorised person may grant a covenant to arrange for the later creation of a computer freehold register for any land that is to be transferred to the trustees under Part 12 of the deed of settlement.
(4)
Despite the provisions of the Land Transfer Act 1952,—
(a)
the authorised person may request the Registrar-General to register a covenant (as referred to in subsection (3)) under the Land Transfer Act 1952 by creating a computer interest register; and
(b)
the Registrar-General must register the covenant in accordance with paragraph (a).
(5)
In this section, authorised person means a person authorised by the chief executive of the land holding agency.
127 Application of other enactments
(1)
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—
(a)
the transfer of a commercial redress property to the trustees; or
(b)
any matter incidental to, or required for the purpose of, that transfer.
(2)
The transfer of a commercial redress property to the trustees does not—
(a)
limit section 10 or 11 of the Crown Minerals Act 1991; or
(b)
affect other rights to subsurface minerals; or
(c)
limit the rights and obligations of the Crown or a local authority in respect of geothermal resources under the Resource Management Act 1991 or any other enactment or rule of law.
(3)
The transfer of a commercial redress property to the trustees is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.
(4)
In exercising the powers conferred by sections 124 and 133, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial redress property.
(5)
Subsection (4) is subject to subsections (2) and (3).
(6)
The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of Part 12 of the deed of settlement in relation to the transfer of a commercial redress property.
Subpart 2—Licensed land and MAF forest land
Licensed land
128 Licensed land ceases to be Crown forest land
(1)
The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.
(2)
However, although the licensed land does not cease to be Crown forest land until the fee simple estate in the land is registered in the trustees, neither the Crown nor any court or tribunal may do any thing or omit to do any thing if that act or omission would, between the settlement date and the date of registration, be—
(a)
permitted by the Crown Forest Assets Act 1989; but
(b)
inconsistent with Part 12 of the deed of settlement.
129 Trustees confirmed beneficiaries and licensors in relation to licensed land
(1)
The trustees are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.
(2)
The effect of subsection (1) is that—
(a)
the trustees are entitled to the rental proceeds payable since the commencement of the Crown forestry licence; and
(b)
all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries.
(3)
The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of the Crown forestry licence, even though the Waitangi Tribunal has not made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land.
(4)
Notice given by the Crown under subsection (3) has effect as if—
(a)
the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land; and
(b)
the recommendation had become final on the settlement date.
(5)
The trustees are the licensors under the Crown forestry licence as if the licensed land had been returned to Maori ownership—
(a)
on the settlement date; and
(b)
under section 36 of the Crown Forest Assets Act 1989.
(6)
However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the licensed land.
130 Effect of transfer of licensed land
(1)
Section 129 applies whether or not, by the settlement date,—
(a)
the transfer of the fee simple estate in the licensed land has been registered; or
(b)
the processes described in clause 17.4 of the Crown forestry licence have been completed.
(2)
To the extent that the Crown has not completed the processes referred to in subsection (1)(b) before the settlement date, it must continue those processes—
(a)
after the settlement date; and
(b)
until the processes are completed.
(3)
For the period from the settlement date until the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in clause 12.7 of the deed of settlement.
(4)
With effect from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as if they were references to the trustees.
131 Public access to continue
(1)
Clause 6.2 of the Crown forestry licence (which relates to public entry for recreational purposes) continues to apply even though the Crown is no longer the licensor under the licence because the licensed land has been transferred to the trustees under section 124.
(2)
A notification to the same effect as described in subsection (1) must—
(a)
be recorded against each computer freehold register for the licensed land; and
(b)
on application by the registered proprietor, be removed from each computer freehold register for the licensed land on the expiry of the Crown forestry licence.
132 Public right of way easements may be granted
(1)
A public right of way easement may be granted under section 8 of the Crown Forest Assets Act 1989, and is enforceable in accordance with its terms, despite its subject matter.
(2)
Sections 26 and 27 of the Crown Forest Assets Act 1989 apply, subject to any necessary modifications, to any variation, renewal, or cancellation under section 8(b) of that Act of a public right of way easement.
(3)
The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way under this section.
(4)
In this section, public right of way easement means an easement in gross granted in relation to the licensed land, as described in clause 12.36 of the deed of settlement.
MAF forest land
133 Effect of trustees electing to purchase MAF forest land
(1)
This section applies if the trustees elect to purchase the MAF forest land.
(2)
On the actual deferred settlement date, the MAF forest land ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.
(3)
Despite the provisions of the Crown Forest Assets Act 1989, and to give effect to Part 12 of the deed of settlement in relation to the MAF forest land, the Crown (acting through the responsible Ministers) is authorised to do 1 or both of the following:
(a)
transfer the fee simple estate in the MAF forest land to the trustees:
(b)
sign a transfer instrument or other document, or do any other thing to effect a transfer.
(4)
However, this section does not apply if, in relation to the MAF forest land, the agreement referred to in clause 12.20 of the deed of settlement is cancelled.
(5)
In subsection (3), responsible Ministers has the meaning given to it in section 2(1) of the Crown Forest Assets Act 1989.
(6)
In subsection (4), cancelled means cancelled in accordance with paragraph 11 of Part 5 of Schedule 5 of the deed of settlement.
134 Forestry rights after purchase of MAF forest land
(1)
This section applies if the trustees purchase the MAF forest land.
(2)
The lessee of the MAF forest land is to be treated as if it had been appointed, under section 24H(1) of the Conservation Act 1987, to be the manager of each MAF marginal strip.
(3)
The lessee may—
(a)
exercise all the powers of a manager under section 24H of the Conservation Act 1987; and
(b)
in addition to the powers referred to in paragraph (a), do all or any of the following:
(i)
establish, develop, grow, manage, and maintain a forest on a MAF marginal strip as if the MAF marginal strip were subject to the lease of the MAF forest land:
(ii)
exercise, in respect of the MAF marginal strip, all rights it has under the lease of the MAF forest land.
(4)
In this section, MAF marginal strip means a marginal strip within the MAF forest land.
Subpart 3—Right of access to protected sites
135 Interpretation
(1)
In this subpart, protected site means any area of land situated in licensed land or the MAF forest land that—
(a)
is entered at any time on the New Zealand Heritage List/Rārangi Kōrero; and
(b)
is wahi tapu or a wahi tapu area.
(2)
In subsection (1), New Zealand Heritage List/Rārangi Kōrero, wahi tapu, and wahi tapu area have the meanings given to them in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.
Section 135(1)(a): replaced, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
Section 135(2): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
136 Right of access to protected site
(1)
The owner of land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, the land must allow the persons referred to in subsection (2) to have access across the land to each protected site.
(2)
The persons are Maori for whom the protected site is of special spiritual, cultural, or historical significance.
(3)
The right of access may be exercised by vehicles or by foot over any reasonably convenient routes specified by the owner and is subject to the following conditions:
(a)
a person intending to exercise the right of access must give the owner reasonable notice, in writing, of his or her intention to exercise that right; and
(b)
the right of access may be exercised only at reasonable times and during daylight hours; and
(c)
a person exercising the right must observe any reasonable conditions imposed by the owner that—
(i)
relate to the time, location, or manner of access; and
(ii)
are reasonably required for the safety of people, for the protection of land, improvements, flora and fauna, plant, equipment, or livestock, or for operational reasons.
137 Right of access subject to Crown forestry licence and registered lease of MAF forest land
(1)
The right of access conferred by section 136 is subject to the terms of—
(a)
any Crown forestry licence; and
(b)
any existing registered lease of the MAF forest land.
(2)
However, subsection (1) does not apply if the licensee or lessee, as the case may be, has agreed to an exercise of the right.
(3)
Subsection (4) applies to an amendment to—
(a)
a Crown forestry licence; or
(b)
a registered lease of the MAF forest land.
(4)
An amendment referred to in subsection (3) is of no effect to the extent that it purports to—
(a)
delay the date from which a person who has a right of access under section 136 may exercise that right; or
(b)
otherwise adversely affect the right conferred by section 136.
138 Notation on computer freehold register
(1)
This section applies to any licensed land or MAF forest land on which a protected site is situated.
(2)
The Registrar-General must, in accordance with a written application by an authorised person, make a notation on the computer freehold register for the land, that the land is subject to this subpart.
(3)
An application must be made as soon as is reasonably practicable after—
(a)
the settlement date, in the case of licensed land; or
(b)
the actual deferred settlement date, in the case of the MAF forest land.
(4)
However, if a computer freehold register has not been created by the settlement date or the actual deferred settlement date, as the case may be, an application must be made as soon as is reasonably practicable after the register has been created.
(5)
In this section, authorised person means—
(a)
a person authorised by the Director-General of the Ministry of Agriculture and Forestry, for the MAF forest land; and
(b)
a person authorised by the chief executive of LINZ, for the licensed land.
139 Limitations on application of subpart
(1)
This subpart does not apply to the MAF forest land if—
(a)
the trustees fail to elect to purchase the MAF forest land under clause 12.18.2 of the deed of settlement; or
(b)
the agreement referred to in clause 12.20 of the deed of settlement is cancelled.
(2)
In subsection (1)(b), cancelled means cancelled in accordance with paragraph 11 of Part 5 of Schedule 5 of the deed of settlement.
Schedule 1 Definitions of each collective group that together constitute Affiliate, and other related definitions
Part 1 Definitions of each collective group that together constitute Affiliate
1
In this Act,—
Ngati Ngararanui (including Ngati Tamahika and Ngati Tuteaiti)—
(a)
means—
(i)
the collective group composed of—
(A)
individuals descended from 1 or more Ngati Ngararanui Ancestors; and
(B)
individuals who are members of the subgroups referred to in paragraph (b)(i); and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes the following subgroups:
(i)
Ngati Tamahika and Ngati Tuteaiti; and
(ii)
any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i)
Ngati Kearoa Ngati Tuara—
(a)
means—
(i)
the collective group composed of—
(A)
individuals descended from 1 or more Ngati Kearoa Ngati Tuara Ancestors; and
(B)
individuals who are members of the subgroups referred to in paragraph (b)(i); and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes the following subgroups:
(i)
Ngati Kearoa, Ngati Kokohu, and Ngati Tuara; and
(ii)
any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i)
Ngati Tura–Ngati Te Ngakau—
(a)
means—
(i)
the collective group composed of—
(A)
individuals descended from 1 or more Ngati Tura–Ngati Te Ngakau Ancestors; and
(B)
individuals who are members of the subgroups referred to in paragraph (b)(i); and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes the following subgroups:
(i)
Ngati Tura and Ngati Te Ngakau; and
(ii)
any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i)
Ngati Te Roro o Te Rangi—
(a)
means—
(i)
the collective group composed of individuals descended from 1 or more Ngati Te Roro o Te Rangi Ancestors; and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i)
Ngati Tuteniu—
(a)
means—
(i)
the collective group composed of individuals descended from 1 or more Ngati Tuteniu Ancestors; and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i)
Ngati Uenukukopako—
(a)
means—
(i)
the collective group composed of—
(A)
individuals descended from 1 or more Ngati Uenukukopako Ancestors; and
(B)
individuals who are members of the subgroups referred to in paragraph (b)(i); and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes the following subgroups:
(i)
Ngati Hauora and Ngati Te Kanawa; and
(ii)
any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i)
Tuhourangi Ngati Wahiao—
(a)
means—
(i)
the collective group composed of—
(A)
individuals descended from 1 or more Tuhourangi Ngati Wahiao Ancestors; and
(B)
individuals who are members of the subgroups referred to in paragraph (b)(i); and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes the following subgroups:
(i)
Ngati Apumoana, Ngati Hinemihi, Ngati Hinganoa, Ngati Huarere, Ngati Kahu Upoko, Ngati Puta, Ngati Taoi, Ngati Te Apiti, Ngati Tionga, Ngati Tukiterangi, Ngati Tumatawera, Ngati Tuohonoa, and Ngati Uruhina; and
(ii)
any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i)
Ngati Tahu–Ngati Whaoa—
(a)
means—
(i)
the collective group composed of—
(A)
individuals descended from 1 or more Ngati Tahu–Ngati Whaoa Ancestors; and
(B)
individuals who are members of the subgroups referred to in paragraph (b)(i); and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes the following subgroups:
(i)
Ngati Hinewai, Ngati Karaka, Ngati Maru, Ngati Mataarae, Ngati Ngarangi, Ngati Pareauru, Ngati Rahurahu, Ngati Ruha, and Ngati Te Rama; and
(ii)
any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i)
Ngati Pikiao (excluding Ngati Makino)—
(a)
means—
(i)
the collective group composed of—
(A)
individuals descended from 1 or more Ngati Pikiao Ancestors; and
(B)
individuals who are members of the subgroups referred to in paragraph (b)(i); and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes the following subgroups:
(i)
Ngati Tamateatutahi, Ngati Kawiti, Ngati Te Rangiunuora, Ngati Hinekura, Ngati Te Takinga, Ngati Tutaki-a-Hani, Ngati Tutaki-a-Koti, Ngati Paruaharanui, Ngati Hinerangi, and Ngati Whakahemo; and
(ii)
any whanau, hapu, or group of individuals composed of individuals referred to in paragraph (a)(i)
Ngati Rongomai—
(a)
means—
(i)
the collective group composed of individuals descended from 1 or more Ngati Rongomai Ancestors; and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i)
Ngati Tarawhai—
(a)
means—
(i)
the collective group composed of—
(A)
individuals descended from 1 or more Ngati Tarawhai Ancestors; and
(B)
individuals who are members of the subgroups referred to in paragraph (b)(i); and
(ii)
every individual referred to in subparagraph (i); and
(b)
includes the following subgroups:
(i)
Ngati Hinemihi and Ngati Hinehua; and
(ii)
any iwi, hapu, whanau, or group of individuals to the extent that that iwi, hapu, whanau, or group of individuals is composed of individuals referred to in paragraph (a)(i).
Part 2 Definitions of Affiliate Ancestors
2
In this Act,—
Ngati Ngararanui Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Ngararanui, Tuteaiti, or Tamahika; and
(b)
predominantly in relation to the area of interest at any time after 6 February 1840
Ngati Kearoa Ngati Tuara Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Kearoa or Tuara; and
(b)
predominantly in relation to the area of interest at any time after 6 February 1840
Ngati Tura–Ngati Te Ngakau Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Tura or Te Ngakau; and
(b)
predominantly in relation to the area of interest at any time after 6 February 1840
Ngati Te Roro o Te Rangi Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Te Roro o Te Rangi; and
(b)
predominantly in relation to the area of interest at any time after 6 February 1840
Ngati Tuteniu Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Tuteniu; and
(b)
predominantly in relation to the area of interest at any time after 6 February 1840
Ngati Uenukukopako Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Uenukukopako; and
(b)
predominantly in relation to Whakapoungakau 8-16 at any time after 6 February 1840
Tuhourangi Ngati Wahiao Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Tuhourangi; and
(b)
predominantly in relation to Rotomahana Parekarangi 6 or Whakarewarewa 2 at any time after 6 February 1840
Ngati Tahu–Ngati Whaoa Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Tahu or Whaoa; and
(b)
predominantly in relation to the area of interest at any time after 6 February 1840
Ngati Pikiao Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Pikiao; and
(b)
predominantly in relation to the area of interest at any time after 6 February 1840
Ngati Rongomai Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Rakeiao; and
(b)
predominantly in relation to the area of interest at any time after 6 February 1840
Ngati Tarawhai Ancestor means an individual who exercised customary rights—
(a)
by virtue of being descended from Tarawhai; and
(b)
predominantly in relation to the area of interest at any time after 6 February 1840.
Schedule 2 Meaning of Affiliate historical claims
Part 1 Claims to Waitangi Tribunal that relate exclusively to Affiliate (or representative entity)
Wai 57 (Ngati Tahu Lands claim).
Wai 77 (Peka and Rotomahana Parekarangi 6S claim).
Wai 115 (Sewage Rates claim).
Wai 153 (Whakarewarewa claim).
Wai 155 (Te Haira Whanau claim).
Wai 164 (Paengaroa South Geothermal claim).
Wai 165 (Rotoma Inc and Matawhaura (part of the Lake Rotoiti Scenic Reserve) Development Scheme claim).
Wai 193 (Waitangi No 3 (Soda Springs) claim).
Wai 194 (Taheke 8C Inc claim).
Wai 195 (Manupirua Baths claim).
Wai 196 (Pukaretu Reservation claim).
Wai 198 (Mourea Paehinahina claim).
Wai 199 (Ruahina Kuharua Inc claim).
Wai 204 (Tuhourangi (Whakarewarewa) Geothermal claim).
Wai 205 (Ngati Pikiao (Haumingi 1A1 Trust) Geothermal claim).
Wai 217 (Waikato River (Atiamuri to Huka) claim).
Wai 233 (Tarawera Lands claim).
Wai 252 (Tarewa East 3B10 claim).
Wai 282 (Whakarewarewa Village claim).
Wai 288 (Kaingaroa Forest claim).
Wai 361 (Whakapoungakau 1B3B claim).
Wai 363 (Tuhourangi Taonga Tukuiho claim).
Wai 391 (Ngati Tura and Ngati Te Ngakau Claims Committee (Rotorua Railway Lands) claim).
Wai 453 (Whakarewarewa Rugby Community Sports Inc claim).
Wai 531 (Horohoro State Forest claim).
Wai 675 (Lake Okataina and Surrounding Lands claim).
Wai 749 (Rotoiti Native Township claim).
Wai 803 (Ohaaki Geothermal Lands and Taonga claim).
Wai 837 (Ngati Whaoa Rohe claim).
Wai 839 (Wairakei Block claim).
Wai 840 (Whirinaki Block claim).
Wai 911 (Ngati Tahu and Ngati Whaoa Lands and Resources claim).
Wai 918 (Lake Rotorua and Rotorua Airport claim).
Wai 980 (Ngati Tuteniu Thermal Springs claim).
Wai 1053 (Kaikokopu Block Crown Proclamation claim).
Wai 1075 (Ngati Uenukukopako Atiamuri and Ohakuri Lands and Lakes claim).
Wai 1103 (Ngati Hinemihi Te Ariki and Punaromia Land claim).
Wai 1194 (Taumanu Land claim).
Wai 1199 (Ngati Ngararanui Lands and Waterways claim).
Wai 1205 (Ngati Tura and Ngati Te Ngakau Lands and Resources claim).
Wai 1209 (Ngati Hinekura Lands and Resources claim).
Wai 1210 (Owhata 1XA and Associated Lands claim).
Wai 1213 (Ngati Rongomai o Ngati Pikiao Lands and Resources claim).
Wai 1214 (Taui Takarei and Te Ao Kahira Te Putu Trust claim).
Wai 1215 (Ngati Hinekura o Ngati Pikiao Lands and Resources claim).
Wai 1217 (Ngati Whaoa Rohe claim).
Wai 1252 (Ngati Tuteniu Lands and Resources claim).
Part 2 Claims to Waitangi Tribunal that relate to Affiliate (or representative entity)
Wai 7 (Te Ariki Lands claim).
Wai 154 (Uenukukopako (Rotokawa Baths) claim).
Wai 197 (Rotoiti 15 Inc claim).
Wai 262 (Indigenous Flora and Fauna claim).
Wai 268 (Whakarewarewa Geothermal Valley claim).
Wai 293 (Horohoro State Forest claim).
Wai 296 (Maketu Estuary claim).
Wai 317 (Whakarewarewa and Horohoro State Forests claim).
Wai 319 (Kaingaroa Forest claim).
Wai 335 (Pukeroa Oruawhata Geothermal Resource claim).
Wai 384 (Ohinemutu Village claim).
Wai 459 (Tuhourangi and Ngati Makino claim).
Wai 471 (Te Tumu Kaituna Lands claim).
Wai 550 (Rotoehu Forest (Ngati Pikiao) claim).
Wai 628 (Tahorakuri No 2 Block claim).
Wai 676 (Te Awa o Ngatoroirangi claim).
Wai 681 (Deregulation of Broadcasting and Rika Whanau claim).
Wai 787 (Atiamuri ki Kaingaroa (Simon) claim).
Wai 791 (Volcanic Interior Plateau claim).
Wai 929 (Ohau Taupiri Block claim).
Wai 1032 (Tahunaroa, Waitahanui and Whakarewa Blocks claim).
Wai 1101 (Maketu Peninsula Lands claim).
Wai 1141 (Harry and Rangi Hodge Whanau Trust claim).
Wai 1195 (Parakiri and Associated Land Blocks claim).
Wai 1204 (Ngongotaha Maunga claim).
Wai 1212 (Nga Uri o Nga Tokotoru o Manawakotokoto Lands and Resources claim).
Wai 1356 (Ngati Whakaue Compulsory Land Acquisition claim).
Wai 1357 (Rukingi Te Wharetutaki Haupapa claim).
Part 3 Claims that are not Affiliate historical claims
1
A claim that a member of the Affiliate, or an iwi, hapu, whanau, or subgroup referred to in any of the definitions of collective groups in Part 1 of Schedule 1, may have that is, or is founded on, a right arising as a result of being descended from an ancestor who is not an Affiliate Ancestor.
2
Wai 275 (which relates exclusively to Ngati Makino).
3
Wai 459, Wai 550, and Wai 1032 (to the extent that those claims relate to Ngati Makino).
4
All claims settled by the deed of agreement between the Minister of Justice on behalf of the Crown and Pukeroa-Oruawhata trustees and the proprietors of Ngati Whakaue Tribal Lands Incorporation for and on behalf of the people of Ngati Whakaue in relation to Wai 94 (23 September 1993).
5
All claims settled by the final agreement between the Minister of Justice on behalf of the Crown and the trustees of Ngati Rangiteaorere for and on behalf of the people of Ngati Rangiteaorere in relation to Wai 32 (21 October 1993).
6
All claims settled by the deed of agreement between Her Majesty the Queen acting by the Minister in Charge of Treaty of Waitangi Negotiations and the proprietors of Rotoma No 1 Block Incorporated (6 October 1996).
7
A claim that a representative entity may have to the extent that the claim is, or is based on, a claim referred to in clause 1, 2, or 3.
8
The Te Arawa lakes historical claims (as defined in section 13 of the Te Arawa Lakes Settlement Act 2006) and Te Arawa lakes remaining annuity issues (as defined in section 14 of the Te Arawa Lakes Settlement Act 2006).
9
The historical CNI forests land claims (as defined in section 4 of the Central North Island Forests Land Collective Settlement Act 2008).
Schedule 3 Statutory acknowledgements
Part 1 Statutory areas for which statutory acknowledgement provided
| Area | Location |
|---|---|
| Matahana Ecological Area | As shown on SO 364721 |
| Part of the Kaituna River | As shown on SO 364730 |
| Part of the Tarawera River | As shown on SO 364731 |
| Part of the Waikato River (Atiamuri Dam to Huka Falls) | As shown on SO 364734 |
| Waiteti Stream | As shown on SO 364735 |
| Ngongotaha Stream | As shown on SO 364736 |
| Otari Pa | As shown on SO 364705 |
| Parts of the Whakarewarewa Forest known as the Lake Rotokakahi and Lake Tikitapu Covenant area | As shown on SO 364724 |
| Part Lake Rotoiti Scenic Reserve | As shown on SO 410514 |
Part 2 Rotorua region geothermal system for which geothermal statutory acknowledgement provided
| Area | Location |
|---|---|
| Rotoma geothermal field | As shown on SO 364723 |
| Taheke-Tikitere geothermal field | As shown on SO 364723 |
| Rotorua geothermal field | As shown on SO 364723 |
| Horohoro geothermal field | As shown on SO 364723 |
| Waikite/Waiotapu/Waimangu geothermal field | As shown on SO 364723 |
| Reporoa geothermal field | As shown on SO 364723 |
| Atiamuri geothermal field | As shown on SO 364723 |
| Te Kopia geothermal field | As shown on SO 364723 |
| Orakei Korako geothermal field | As shown on SO 364723 |
| Ohaaki/Broadlands geothermal field | As shown on SO 364723 |
| Ngatamariki geothermal field | As shown on SO 364723 |
| Rotokawa geothermal field | As shown on SO 364723 |
Schedule 4 Descriptions of nga whenua rahui
| Whenua rahui | Location | Legal description | ||
|---|---|---|---|---|
| Rainbow Mountain Scenic Reserve—Maunga Kakaramea | As shown marked A and B on SO 364718 |
South Auckland Land District—Rotorua District 429.7187 hectares, more or less, being Sections 58, 59, and 62 Block III Paeroa Survey District and Section 3 SO 61678. |
||
| Part of the Lake Tarawera Scenic Reserve | As shown marked A on SO 364719 |
South Auckland Land District—Rotorua District 1854.2000 hectares, more or less, being Section 3 SO 354520. |
||
| Part of the Mount Ngongotaha Scenic Reserve | As shown marked A, B, and C on SO 364720 |
South Auckland Land District—Rotorua District 522.8754 hectares, more or less, being Sections 44 and 57 Block XV Rotorua Survey District; Part Section 7 and Section 16 Block III Horohoro Survey District; Lot 1 DP 31278; Lot 1 DPS 34005; Rotohokahoka F1 No 2, D North 6, and Parts D North 2B, D North 10, D South 9B, D South 10A, and D South 10B. |
||
| Matawhaura (part of the Lake Rotoiti Scenic Reserve) | As shown marked A on SO 364717 |
South Auckland Land District—Rotorua District 32.5266 hectares, approximately, being Part Rotoiti 6 and 7A. Part Proclamation 5125. Subject to survey. |
Schedule 5 Descriptions of specially classified reserves
| Special classification | Location | Legal description | ||
|---|---|---|---|---|
| Recreation reserve at Hannah’s Bay (including Otauira Swamp) | As shown marked A on SO 364726 |
South Auckland Land District—Rotorua District 22.9970 hectares, more or less, being Section 1 SO 59465. All computer freehold register SA52C/127. |
||
| Esplanade land | As shown marked B on SO 364726 |
South Auckland Land District—Rotorua District 2.0 hectares, approximately, being Part Lot 1 DPS 49938. Part computer freehold register SA52C/128. Subject to survey. |
||
| Karamuramu Baths land | As shown marked C on SO 364726 |
South Auckland Land District—Rotorua District Part Lot 1 DPS 49938. Part computer freehold register SA52C/128. Subject to survey. |
||
| Recreation reserve adjacent to Waiteti Stream (including Te Kahupapa and Te Hinahina) | As shown on SO 364727 |
South Auckland Land District—Rotorua District 1.5089 hectares, more or less, being Lot 102 DP 23433 and Lot 51 DPS 246. Part GN S206367 and all GN S121817. |
||
| Recreation reserve adjacent to Lake Okareka (known as Boyes Beach) | As shown on SO 364729 |
South Auckland Land District—Rotorua District 3.7590 hectares, more or less, being Lot 2 DPS 34146. All computer freehold register SA31A/257. |
Schedule 6 Cultural redress properties
Part 1 Sites that vest in fee simple
| Name of site | Legal description | Encumbrances | ||
|---|---|---|---|---|
| Pateko Island |
South Auckland Land District—Rotorua District 2023 square metres, more or less, being Pateko Island. SO 21321/3. Part Proclamation 5125. |
|||
| Te Koutu Pa |
South Auckland Land District—Rotorua District 3.1230 hectares, more or less, being Section 1 SO 384521. Part Gazette 1931 page 1685. |
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| Okataina Lodge site |
South Auckland Land District—Rotorua District 1.5260 hectares, more or less, being Section 7 Block XVI Rotoiti Survey District. SO 47823 (formerly Section 5 Block XVI Rotoiti Survey District and Pt Okataina 4). Part Proclamation 8001 and Part computer freehold register SA1D/857. |
Subject to the leasehold interest held in computer interest register SA23A/1000 referred to in section 91(4). Subject to the water pipeline easement in gross in favour of Her Majesty the Queen held in computer interest register SA23A/1001. Subject to the lease referred to in section 91(3). |
||
| Okataina Outdoor Education Centre site |
South Auckland Land District—Rotorua District 10.1905 hectares, more or less, being Sections 1 and 2 SO 384758. Part computer freehold register 356274 and Part Gazette 1931 page 1685. |
Subject to the Western Okataina Walkway held in H.275294. |
||
| Te Ariki site |
South Auckland Land District—Rotorua District 44.9432 hectares, more or less, being Sections 1, 2, and 3 Block XII Tarawera Survey District, and Sections 1 and 2 SO 354515. Part Gazette 1908 pages 612 and 2086. |
Subject to the management deed referred to in section 94(3)(a). Subject to the public walkway easement referred to in section 94(3)(b). Subject to the unregistered deed of lease dated 13 October 1999 granting Waimangu Volcanic Valley Limited the right to cross the land. |
||
| Punaromia site |
South Auckland Land District—Rotorua District 10.1520 hectares, more or less, being Section 1 SO 384376. Part Gazette 1906 page 2996. |
Part 2 Sites that vest in fee simple subject to conservation covenant
| Name of site | Legal description | Encumbrances | ||
|---|---|---|---|---|
| Site on Horohoro Bluff |
South Auckland Land District—Rotorua District 75.2470 hectares, more or less, being Section 1 SO 60473. Part Gazette 1941 page 2713. |
Subject to the conservation covenant referred to in section 96(3). | ||
| Site adjacent to Orakei Korako |
South Auckland Land District—Rotorua District 120.6600 hectares, more or less, being Section 1 SO 397153. Part Gazette 1896 page 1075. |
Subject to the operating easement in favour of Mighty River Power Limited. Subject to the operating easement held in computer interest register SA70B/659 in favour of Contact Energy Limited dated 21 February 2000. Subject to the conservation covenant referred to in section 97(2). |
||
| Site adjacent to Lake Rotomahana |
South Auckland Land District—Rotorua District 1.5210 hectares, more or less, being Section 3 SO 354515. Part Gazette 1896 page 1075. |
Subject to the conservation covenant referred to in section 98(2). | ||
| Te Wairoa |
South Auckland Land District—Rotorua District 1.0000 hectare, more or less, being Section 1 SO 382301. Part Proclamation 5125. |
Subject to the conservation covenant referred to in section 99(3). | ||
| Lake Rotokawa site |
South Auckland Land District—Rotorua District 7.8046 hectares, more or less, being Sections 1, 2, and 3 SO 384463. Part Gazette 1902 page 1778 and Part computer interest register SAPR100/51. |
Subject to the conservation covenant referred to in section 100(4). | ||
| Beds of Lakes Rotongata (Mirror Lake) and Rotoatua |
South Auckland Land District—Rotorua District 9.0400 hectares, more or less, being Sections 1 and 2 SO 390191. Part Gazette 1931 page 1685. |
Subject to the conservation covenant referred to in section 101(5). | ||
| Moerangi site |
South Auckland Land District—Rotorua District 59.4030 hectares, more or less, being Section 2 SO 388233. Part Gazette 1975 page 2327. |
Subject to the conservation covenant referred to in section 102(3). Subject to the forestry right referred to in clause 10.8 of the deed of settlement. Subject to the Protective Covenant Certificate held in computer interest register SA60D/751, if it affects the site on the settlement date. Subject to a registered Water Catchment Protection Right in favour of the Rotorua District Council over the area shown marked BB on DPS 54081. Created by Transfer 6720066.4. |
||
| Kakapiko |
South Auckland Land District—Rotorua District 2.5075 hectares, more or less, being Section 1 SO 388233. Part Gazette 1975 page 2327. |
Subject to the conservation covenant referred to in section 103(3). Subject to the forestry right referred to in clause 10.8 of the deed of settlement. Subject to the Protective Covenant Certificate held in computer interest register SA60D/751, if it affects the site on the settlement date. |
Part 3 Sites that vest in fee simple to be administered as scenic reserves
| Name of site | Legal description | Encumbrances | ||
|---|---|---|---|---|
| Rangitoto site |
South Auckland Land District—Rotorua District 46.2200 hectares, more or less, being Section 1 SO 389001. Part computer freehold register 356274. |
To be administered as a scenic reserve subject to section 19(1)(a) of the Reserves Act 1977. Subject to the unregistered licence to Rotorua VHF Marine Radio Association Incorporated held in TEL 008 dated 24 August 1998. Subject to the Western Okataina Walkway held in GN H.275294. |
||
| Sites on Paeroa Range |
South Auckland Land District—Rotorua District 42.0495 hectares, more or less, being Section 1 SO 389459. Part Gazette 1989 page 3398. 41.5743 hectares, more or less, being Section 1 SO 387596. Part Gazette 1911 page 1577. |
To be administered as a scenic reserve subject to section 19(1)(a) of the Reserves Act 1977. Subject to the right of Kordia Limited (formerly known as Broadcast Communications Limited) to construct, maintain, and use a track, as described in an unregistered National Deed for Existing Telecommunication Sites dated 22 November 1993 between the Crown and Broadcast Communications Limited. Subject to the right of Kordia Limited (formerly known as Broadcast Communications Limited) to construct, maintain, and use overhead and underground power cables. |
||
| Wai-o-Tapu site |
South Auckland Land District—Rotorua District 125.4319 hectares, more or less, being Sections 1 and 2 SO 395143 and Sections 7, 9, 12, and 18 Block VII Paeroa Survey District. Balance GN S550285. |
To be administered as a scenic reserve subject to section 19(1)(a) of the Reserves Act 1977. Subject to the right of way easement referred to in section 106(5). Subject to the unregistered lease to Waiotapu Thermal Tourist Park Limited, which was granted by deed of renewal dated 25 September 2000 and incorporating the terms of the lease dated 22 October 1969. |
Part 4 Sites that vest in fee simple to be administered as recreation reserves
| Name of site | Legal description | Encumbrances | ||
|---|---|---|---|---|
| Roto-a-Tamaheke Reserve |
South Auckland Land District—Rotorua District 4.2110 hectares, more or less, being Sections 1, 2, and 3 SO 389705. Part Gazette 1904 page 2119. |
To be administered as a recreation reserve subject to section 17 of the Reserves Act 1977. | ||
| Whakarewarewa Thermal Springs Reserve |
South Auckland Land District—Rotorua District 43.4200 hectares, more or less, being Section 1 SO 390094. Part Gazette 1904 page 2119. |
To be administered as a recreation reserve subject to section 17 of the Reserves Act 1977. Subject to the lease referred to in section 108(8). |
Part 5 School sites
| Name of site | Legal description | Encumbrances | ||
|---|---|---|---|---|
| Rotokawa School |
South Auckland Land District—Rotorua District 2.4281 hectares, more or less, being Section 4 Block XIV Rotoiti Survey District. Part Proclamation S.544775. |
Subject to a lease referred to in section 109(2). | ||
| Lynmore Primary School |
South Auckland Land District—Rotorua District 3.9940 hectares, more or less, being Lots 1 to 16, 56, and 76 DPS 8. All Proclamation S.31525 and Part GN S.61376. |
Subject to a lease referred to in section 109(2). | ||
| Mokoia Intermediate School/Owhata School |
South Auckland Land District—Rotorua District 6.0703 hectares, more or less, being Section 1 SO 41638. All Proclamation S.241230. |
Subject to a lease referred to in section 109(2). | ||
| Ngongotaha School |
South Auckland Land District—Rotorua District 2.8101 hectares, more or less, being Lots 46 to 51 DP 18362, Section 1 SO 37126, Section 1 SO 37238, and Part Section 1 Block XVI Rotorua Survey District. All computer interest register 310488. All computer freehold register SA279/276. All Proclamation S.94569 and All Proclamation S.89694. |
Subject to a lease referred to in section 109(2). | ||
| Horohoro School |
South Auckland Land District—Rotorua District 2.5243 hectares, more or less, being Section 1 SO 406235. Balance GN S.279834. |
Subject to a lease referred to in section 109(2). | ||
| Lake Rotoma School |
South Auckland Land District—Rotorua District 1.5996 hectares, more or less, being Lot 1 DP 34929 and Section 5 Block X Rotoma Survey District. All computer freehold register SA900/237 and Part Gazette 1937 page 1137. |
Subject to a lease referred to in section 109(2). |
Schedule 7 Other land related to cultural redress properties
| Name of site | Legal description |
|---|---|
| Airport land |
South Auckland Land District—Rotorua District 95.3180 hectares, more or less, being Part Lot 1 DPS 49938. All computer freehold register SA52C/128. |
| Otari Pa |
South Auckland Land District—Western Bay of Plenty District 1.0136 hectares, approximately, being Part Sections 1 and 4 Block X Waihi North Survey District. Part Gazette 1937 page 1711 and Part Gazette 1938 page 1601. Subject to survey. |
Notes
1 General
This is a consolidation of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14): wehenga 7/section 7
Secondary Legislation Act 2021 (2021 No 7): section 3
Education and Training Act 2020 (2020 No 38): section 668
Trusts Act 2019 (2019 No 38): section 161
Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26): section 107
Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8
Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Commencement Order 2010 (SR 2010/364)
Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Commencement Order 2009 (SR 2009/115)