This Part records the apology given by the Crown to Ngāti Tūrangitukua in the deed of settlement.

The text of the apology in Māori is as follows:

The text of the apology in English is as follows:

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.

In this Act, unless the context otherwise requires,—

In this Act, Ngāti Tūrangitukua claims—

In subsection (1),—

The settlement of the Ngāti Tūrangitukua claims to be effected pursuant to the deed of settlement, the ancillary claims deed, and this Act is final, and the Crown is released and discharged in respect of those claims.

Subsection (1) does not limit the deed of settlement or the ancillary claims deed.

Despite any other enactment or rule of law, no court or tribunal has jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—

Subsection (3) does not exclude the jurisdiction of a court or tribunal in respect of the interpretation or implementation of the deed of settlement, the ancillary claims deed, or this Act.

Nothing in the following enactments applies in relation to any land in the Turangi Township:

Subsection (1)(c) does not apply to the land comprised in certificate of title 34C/191 (Wellington Registry).

The chief executive must, as soon as reasonably practicable after the settlement date, issue to the Registrar 1 or more certificates that identify each certificate of title relating to land in the Turangi Township that contains a resumptive memorial entered under any of the enactments referred to in section 11.

Each certificate must state that it is issued under this section.

The Registrar must, as soon as reasonably practicable after receiving a certificate issued under subsection (1), and without fee to the registered proprietor or to the Ngāti Tūrangitukua Charitable Trust,—

Subsection (3) does not require the Registrar to note any duplicate certificate of title.

This section does not apply to the land comprised in certificate of title 34C/191 (Wellington Registry).

The settlement is for the benefit of Ngāti Tūrangitukua collectively, and not for the benefit of any individual or single whānau.

Subsection (1) does not apply to section 8 of the deed of settlement.

No rule of law or provisions of an Act limiting the duration of a trust, including section 16 of the Trusts Act 2019, apply to any document entered into to give effect to the settlement, if the application of that rule or the provisions of that Act would otherwise make the document invalid or ineffective.

Despite any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:

Section 40 of the Public Works Act 1981 (but not sections 41 and 42 of that Act), and that section as applied by any other Act, applies to the transfer of any settlement property under subsection (1)(c).

Except as expressly provided otherwise in, or by operation of, this Act, nothing in subsection (1) limits—

Nothing in the Land Act 1948 applies to any settlement property that is to be transferred from a Crown body to another Crown body or to the Ngāti Tūrangitukua Charitable Trust or its nominee, or vested in the Ngāti Tūrangitukua Charitable Trust or its nominee, for the purposes of giving effect to the deed of settlement.

Nothing in the Land Act 1948 restricts the period for which a lease may be granted under subsection (1)(b).

In this section, settlement property means a settlement property—

Despite any other enactment or rule of law, the Registrar must, at the request of the Commissioner of Crown Lands and after the completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 for the fee simple estate in a settlement property in the name of the Crown.

The certificate of title is subject to, and has the benefit of, any relevant easements, encumbrances, restrictions, and other interests, details of which must be set out in the request of the Commissioner of Crown Lands.

In this Part, protocol means a statement in writing issued, in accordance with section 18(1), by the Crown through the Minister of Conservation to Ngāti Tūrangitukua, which sets out—

The Crown, acting by and through the Minister of Conservation, may issue a protocol in the form set out in attachment 6.2 of the deed of settlement.

The Minister of Conservation may amend and cancel the protocol.

The protocol may be amended or cancelled, under subsection (2), at the initiative of either the Minister of Conservation or Turangitukua Nominees Limited.

The Minister of Conservation may amend or cancel the protocol under this section only after consulting Turangitukua Nominees Limited.

As soon as reasonably practicable after the issue, amendment, or cancellation of the protocol, the Minister of Conservation must notify the issue, amendment, or cancellation in the Gazette.

The protocol is issued and amended subject to, and without restriction upon,—

The existence of the protocol, once issued, and as amended from time to time, including the definition of a protocol as set out in section 17 and a summary of the terms of issue of the protocol, must be noted in conservation management strategies, conservation management plans, and national park management plans affecting the area covered by the protocol.

Noting of the protocol under subsection (1) is for the purpose of public notice only and is not an amendment to the relevant strategies or plans for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.

The Minister of Conservation must comply with the protocol as long as it remains in force.

If the Minister of Conservation fails unreasonably to comply with the protocol, the Turangitukua Nominees Limited may, subject to the Crown Proceedings Act 1950, enforce the protocol by way of public law action against the Minister of Conservation.

No person or body, other than the Turangitukua Nominees Limited, may enforce the protocol against the Minister of Conservation.

Despite subsection (2), damages are not a remedy available for failure to comply with the obligation in subsection (1).

This section does not apply to any guidelines developed under the protocol.

Except as expressly provided in sections 19 to 21 or the protocol, the protocol does not grant, create, or provide evidence of an estate, interest, or right of any kind for land held, managed, or administered under the Conservation Act 1987 or an Act listed in Schedule 1 of that Act.

The revocation of reserves by sections 25(3), 26(2), and 27(3) and the vesting of the fee simple estate in those reserves in accordance with sections 25(4), 26(3), and 27(4) takes effect on the settlement date.

This section applies to the revocation of a reserve as a reserve under section 25(3), section 26(2), or section 27(3) if the reserve is—

Before the fee simple estate in a reserve vests in the Ngāti Tūrangitukua Charitable Trust under section 25(4), section 26(3), or section 27(4), the reserve vests in the Crown.

In this section, Kutai Street reserves means the land described in Parts 1 and 2 of Schedule 3.

The land described in Part 2 of Schedule 3 is declared a reserve and classified as a recreation reserve under the Reserves Act 1977.

The reservation of the Kutai Street reserves as reserves are revoked.

The fee simple estates in the Kutai Street reserves are vested in the Ngāti Tūrangitukua Charitable Trust, subject to all encumbrances.

Subsection (4) is subject to section 24.

The vesting under subsection (4) is—

If, at any time and for any reason, the course of the Tongariro River is altered, the right of way referred to in subsection (6)(a), immediately adjacent to the river, is determined by the course of the river.

The Registrar-General of Land is authorised and directed to make entries in the register under the Land Transfer Act 1952 and on the certificates of title for the Kutai Street reserves, and generally do what is necessary to give effect to the provisions of section 25(6) and (7) of this Act.

The Registrar must enter on the certificates of title for the Kutai Street reserves the following words:

“

Subject to a public pedestrian right of way that is 3 m in width and immediately adjacent to the Tongariro River, as provided for by section 25(6) and (7) of the Ngāti Tūrangitukua Claims Settlement Act 1999.”

Subsection (2) does not limit subsection (1).

Section 37 does not apply in respect of the right of way created under section 25(6).

The appointment of the Council to control and manage the Crown reserves as reserves is revoked.

The reservation of the Crown reserves as reserves is revoked.

The fee simple estates in the Crown reserves are vested in the Ngāti Tūrangitukua Charitable Trust, subject to all encumbrances.

Subsection (3) is subject to section 24.

The land described in Part 6 of Schedule 3 is declared a reserve and classified as a recreation reserve under the Reserves Act 1977.

The land described in Part 7 of Schedule 3 is declared a reserve and classified as a local purpose (water supply) reserve under the Reserves Act 1977.

The reservation of the council reserves as reserves is revoked.

The fee simple estates in the council reserves are vested in the Ngāti Tūrangitukua Charitable Trust, subject to all encumbrances.

Subsection (4) is subject to section 24.

The agreement of Ngāti Tūrangitukua in clause 7.2.5 of the deed of settlement to the Council controlling and managing the Crown reserves and the council reserves is sufficient for the purposes of section 38(1) of the Reserves Act 1977.

The approval of the Minister of Conservation to the Council controlling and managing the Crown reserves and the council reserves is deemed to have been given for the purposes of section 38(1) of the Reserves Act 1977.

Each Crown reserve or council reserve may be controlled and managed by the Council—

The control and management by the Council of the Crown reserves and council reserves is subject to the restrictions, terms, and conditions set out in attachment 7.4 of the deed of settlement (and recorded in Schedule 2) as if those restrictions, terms, or conditions were approved under section 38(1) of the Reserves Act 1977.

The quoting in Schedule 2 of the restrictions, terms, and conditions referred to in subsection (4) is a matter of record only and does not give them any greater force or effect than they have as terms and conditions under section 38(1) of the Reserves Act 1977.

Despite subsection (3), the Council may, in accordance with the Reserves Act 1977, change the purpose of any reserve in Part 3, Part 4, Part 5, Part 6, or Part 7 of Schedule 3 by changing the reserve classification specified in column 4 of that part of that schedule.

The control and management by the Council of the council reserves in Part 5, Part 6, or Part 7 of Schedule 3 continues in perpetuity in accordance with this section or until the Council decides, by resolution, that all or any part of the land is no longer required for a reserve.

Sections 106 to 108 of the Reserves Act 1977 apply in respect of the Crown reserves and council reserves as if—

The Council may exempt a Crown reserve or a council reserve from rates so long as that reserve is controlled and managed for the purpose specified in section 28(3) and column 4 of Part 3, Part 4, Part 5, Part 6, or Part 7 of Schedule 3, as specified in the restrictions, terms, and conditions referred to in section 28(4), or for a purpose changed in accordance with section 28(6).

The Registrar must, when issuing a certificate of title for a Crown reserve or a council reserve, or when recording the vesting of the fee simple estate in a Crown reserve or a council reserve in accordance with section 25, section 26, or section 27, make a notation on the certificate of title recording that the land is subject to sections 28 and 33.

In this section, reserve assets means the structures, utilities, and improvements over, under, or upon the Crown reserves or the council reserves.

The ownership of the reserve assets on the council reserves specified in Part 5, Part 6, or Part 7 of Schedule 3 will be retained by the person who owned those assets as at 26 September 1998 and, if section 10 or section 10A or section 20 of the Resource Management Act 1991 then applied to the activities for which the reserve assets are used, those provisions continue to apply.

The ownership of the reserve assets on the Crown reserves and the council reserves specified in Part 3 or Part 4 of Schedule 3 is vested in the Council.

Subsection (2) applies to each council reserve specified in Part 5 or Part 6 of Schedule 3 and subsection (3) applies to each Crown reserve and each council reserve specified in Part 3 or Part 4 of Schedule 3, whether or not that Crown reserve or council reserve continues to be controlled and managed by the Council.

The Council or its agents may, from time to time, maintain, repair, remove, renew, add to, expand, or replace any reserve assets and may install or erect new structures utilities, or improvements if it considers it reasonably necessary to do so.

The person who, from time to time, owns the reserve assets and the Council have rights of unrestricted access onto and over the Crown reserves and the council reserves to do any of the things listed in subsection (5) whether or not a Crown reserve or a council reserve continues to be controlled and managed by the Council in accordance with section 28.

The vesting of the fee simple estate in the Crown reserves and the council reserves by section 25, section 26, or section 27 does not affect lawful rights of public access to and use and enjoyment of the Crown reserves and the council reserves and the reserve assets.

Subsection (1) applies to lawful rights of public access, use, and enjoyment whether existing on or created after the date on which the fee simple estate in the Crown reserves and council reserves vests in the Ngāti Tūrangitukua Charitable Trust.

Subsection (1) is subject to any regulation by the Council of public access, use, and enjoyment in accordance with—

Where the fee simple estate in a reserve specified in Schedule 3 is vested in the Ngāti Tūrangitukua Charitable Trust by this Act and the reserve is land that is registered under the Land Transfer Act 1952, the Registrar must, upon written application by any person authorised by the chief executive, register the Ngāti Tūrangitukua Charitable Trust as the proprietor of the fee simple estate in the reserve in substitution for the Crown or the Council, as the case may be, who held the land immediately before that vesting and make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this.

When the fee simple estate in a reserve specified in Schedule 3 is vested in the Ngāti Tūrangitukua Charitable Trust by this Act and the reserve is land other than land registered under the Land Transfer Act 1952, the Registrar must, upon written application by any person authorised by the chief executive, issue a certificate of title for the fee simple estate in that reserve under the Land Transfer Act 1952 and register the Ngāti Tūrangitukua Charitable Trust as the proprietor of the fee simple estate in the reserve in substitution for the Crown or the Council, as the case may be, who held the land immediately before that vesting and make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this.

Without limiting subsection (4), an application made in accordance with subsection (1) or subsection (2) must be made as soon as reasonably practicable after settlement date and must—

A certificate of title for each reserve must be issued in accordance with this section as soon as reasonably practicable after an application has been made under this section, and in any event, no later than 12 months after the vesting of the reserves (or such later date as may be agreed in writing by the Ngāti Tūrangitukua Charitable Trust and the Crown).

The certificate given in accordance with this section must be filed by the Registrar in the Land Registry Office and is conclusive proof of the matters required to be stated in it.

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation of a reserve vested in the Ngāti Tūrangitukua Charitable Trust in accordance with section 25, section 26, or section 27.

Sections 78(1)(a), 79, 80, and 81 of the Reserves Act 1977 do not apply to any reserve vested in the Ngāti Tūrangitukua Charitable Trust in accordance with section 25, section 26, or section 27.

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to a reserve vested in the Ngāti Tūrangitukua Charitable Trust in accordance with section 25, section 26, or section 27.

Except as expressly provided in this Act, an encumbrance which is not registrable under the Land Transfer Act 1952 is not required by virtue of this Act to be registered against the certificate of title for a reserve vested in accordance with section 25, section 26, or section 27 of this Act.

Except as expressly provided in this Act, the fee simple estate of a reserve that is land under the Land Transfer Act 1952 and that is vested in accordance with section 25, section 26, or section 27 of this Act, is vested subject to any encumbrances in existence on 26 September 1998 and notified to the Ngāti Tūrangitukua Charitable Trust by the Crown in accordance with clause 7.2.17(a) of the deed of settlement.

Where the fee simple estate in a reserve is vested in the Ngāti Tūrangitukua Charitable Trust subject to the reservation of, or having the benefit of, any easement (not being an easement previously registered under the Land Transfer Act 1952) or any other registrable or notable encumbrance under this or any other Act, the chief executive, or the Chief Surveyor for the district concerned, must include in the certificate given under subsection (1) or subsection (2) of section 34, a sufficient description of the easement or encumbrance and particulars as to the rights, powers, terms, covenants, conditions, and restrictions attached to it.

The Registrar must enter a notation of the easement or encumbrance upon the relevant certificate of title by reference to the certificate in which it is described as if that certificate were the instrument creating the easement or encumbrance.

Where a notation of an easement or encumbrance is entered upon the relevant certificate of title in accordance with this section, the easement or encumbrance is deemed for all purposes (including all subsequent dealings) to be created under the Land Transfer Act 1952.

Where the fee simple estate in a reserve is vested in the Ngāti Tūrangitukua Charitable Trust by this Act, the terms on which the reserve is vested in the Ngāti Tūrangitukua Charitable Trust bind any successor in title to the Ngāti Tūrangitukua Charitable Trust.

The recreation reserve described in Gazette 1984, Vol III, at page 3385 as 55.6617 hectares, more or less, being Section 8, situated in Block III, Pihanga Survey District is, in accordance with section 16(10) of the Reserves Act 1977, known as Waikari Recreation Reserve.

The recreation reserve described in the Gazette 1984, Vol IV, at page 4520 as 3686 square metres, more or less, being Sections 36, 37, 38, and 39, Block VI, Turangi Suburban, situated in Block III, Pihanga Survey District is, in accordance with section 16(10) of the Reserves Act 1977, known as Waikari Recreation Reserve.

The classification and name of the Admirals Scenic Reserve (classified and named by notice in the Gazette 1986, Vol V, at page 4520), is—

The requirements of section 24 and 16(10) of the Reserves Act 1977 are to be treated as having been complied with for the purposes of subsections (3)(a) and (3)(b).