Ngāti Kuri Claims Settlement Act 2015
Version as at 12 April 2022
Ngāti Kuri Claims Settlement Act 2015
Public Act |
2015 No 76 |
|
Date of assent |
22 September 2015 |
|
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 Ministry of Justice.
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Ngāti Kuri Claims Settlement Act 2015.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Preliminary matters, acknowledgements and apology, and settlement of Ngāti Kuri historical claims
Preliminary matters
3 Purpose
The purpose of this Act is—
(a)
to record the acknowledgements and apology given by the Crown to Ngāti Kuri in the deed of settlement; and
(b)
to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Kuri.
4 Provisions to take effect on settlement date
(1)
The provisions of this Act take effect on the settlement date unless stated otherwise.
(2)
Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for—
(a)
the provision to have full effect on that date; or
(b)
a power to be exercised under the provision on that date; or
(c)
a duty to be performed under the provision on that date.
5 Act binds the Crown
This Act binds the Crown.
6 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)
This Part—
(a)
sets out the purpose of this Act; and
(b)
provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and
(c)
specifies that the Act binds the Crown; and
(d)
sets out a summary of the historical account and records the text of the acknowledgements and apology given by the Crown to Ngāti Kuri, as recorded in the deed of settlement; and
(e)
defines terms used in this Act, including key terms such as Ngāti Kuri and historical claims; and
(f)
provides that the settlement of the historical claims is final; and
(g)
provides for—
(i)
the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and
(ii)
a consequential amendment to the Treaty of Waitangi Act 1975; and
(iii)
the effect of the settlement on certain memorials; and
(iv)
the exclusion of the limit on the duration of a trust; and
(v)
access to the deed of settlement.
(3)
Part 2 provides for cultural redress, including,—
(a)
in subpart 1, cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties; and
(b)
cultural redress that does not involve the vesting of land, namely,—
(i)
in subpart 2, provisions for the management of Te Oneroa-a-Tohe / Ninety Mile Beach in relation to the Te Oneroa-a-Tohe management area by the establishment of a Board, the appointment of hearing commissioners, and a requirement for a beach management plan; and
(ii)
in subpart 3, the korowai redress, under which the Crown and Te Hiku o Te Ika iwi enter into co-governance arrangements over conservation land in the korowai area; and
(iii)
in subpart 4, a statutory acknowledgement by the Crown of the statements made by Ngāti Kuri of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement; and
(iv)
in subpart 5, protocols for Crown minerals, fisheries, and taonga tūturu on the terms set out in the documents schedule; and
(v)
in subpart 6, the establishment of fisheries advisory committees; and
(vi)
in subpart 7, the provision of official geographic names.
(4)
(5)
There are 5 schedules, as follows:
(a)
Schedule 1 describes the cultural redress properties:
(b)
Schedule 2 describes Te Oneroa-a-Tohe redress:
(c)
Schedule 3 describes the korowai:
(d)
Schedule 4 describes the statutory areas to which the statutory acknowledgement relates:
(e)
Schedule 5 sets out provisions that apply to notices given in relation to RFR land.
Section 6(2)(g)(iv): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
Summary of historical account, acknowledgements, and apology of the Crown
7 Summary of historical account, acknowledgements, and apology
(1)
Section 8 summarises in English and te reo Māori the historical account in the deed of settlement, setting out the basis for the acknowledgements and apology.
(2)
Sections 9 and 10 record the text of the acknowledgements and apology given by the Crown to Ngāti Kuri in the deed of settlement.
(3)
The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8 Summary
Summary of historical background to claims of Ngāti Kuri
(1)
According to tradition, Ngāti Kuri ancestors have occupied Te Hiku o Te Ika from before the first waka arrivals. Traditionally Ngāti Kuri lived in several permanent settlements, and moved from those bases around their rohe in small groups, following seasonal cycles for gardening, fishing, and food gathering. Ngāti Kuri did not sign Te Tiriti o Waitangi/the Treaty of Waitangi, and for many years after Pākehā settlement tikanga Māori (customary law) largely prevailed in their rohe. Ngāti Kuri were not included in the first land transactions in the area. Crown officials had limited understanding of the complex whakapapa relationships in Te Hiku and at times failed to distinguish Ngāti Kuri from other iwi in the rohe.
(2)
Under the nineteenth century native land laws, much of Ngāti Kuri’s remaining land was vested in small numbers of individual owners. No provisions existed to ensure those individuals acted as trustees for their iwi, and much of the land was soon sold. By 1890 over 70% of Ngāti Kuri’s traditional land had been alienated. The only large block of land remaining in their ownership were around the Pārengarenga harbour. The main economic activity available for Māori in the region was gum digging, which due to the isolation and lack of roading in the area, tended to trap workers in a debt cycle with the local storekeepers, who bought the gum from local Māori and sold them goods, controlling the prices of both.
(3)
In 1896, the Native Land Court began hearings on the Pārengarenga and Pākohu blocks around the harbour. The hearings and surveys were expensive, and the lands were almost lost to pay survey debts. In order to prevent that the Crown took over the debt and vested these blocks in the Tokerau Maori Land Board. This kept the lands in Māori ownership but the owners lost all control of their management. Māori were left with only 3 small reserves around the Pārengarenga Harbour on which to live. Ngāti Kuri’s main papakāinga, Te Hāpua, flooded every year and the community suffered from high rates of typhoid and tuberculosis, which the Crown was aware of but did little to remedy.
(4)
By 1910, the survey debts had been repaid, but, despite this, control of the lands did not go back to the owners. Ngāti Kuri repeatedly asked for the return of the lands so they could begin farming initiatives, but their requests were denied until the 1950s.
(5)
In 1953, the Crown empowered the Māori Trustee to compulsorily acquire small interests in the Pārengarenga and Pākohu blocks. Many Ngāti Kuri lost their last shares in their land through this process.
(6)
Due to the Crown’s actions and omissions, Ngāti Kuri as an iwi were left with little land and few economic opportunities. Many had to leave the rohe altogether, resulting in a loss of social cohesion and difficulty in passing on Ngāti Kuri’s tikanga, traditional knowledge, and language to younger generations.
He whakarāpopototanga o ngā tāhuhu kōrero e pā ana ki ngā whai takunga a Ngāti Kurī
(1)
E ai ki ngā kōrero tuku iho, nō mua rawa kē i te hekenga nui mai o ngā waka ngā tūpuna o Ngāti Kurī e noho ana i Te Hiku o Te Ika. Mai anō e noho ana a Ngāti Kurī i ōna kāinga tūturu, ā, ka nukunuku haere ā-rōpu ririki nei, mai i ēnei kāinga taketake huri noa i tō rātou rohe, e whai ana i ngā wāhanga o te tau e mahi māra ai, e hī ika ai, e kohi, e hauhake kai ai rānei. Kāore a Ngāti Kurī i haina i Te Tiriti ō Waitangi. Otirā, mō ngā tau maha whai muri mai i te whakaeketanga mai o te pākehā ki ēnei whenua, ko te tikanga Māori te kaupapa mātāpono i mau tūturu atu ai a Ngāti Kurī. Kāore a Ngāti Kurī i whai wāhi atu ki ngā whakawhitiwhitinga whenua tuatahi i roto i tēnei rohe. He iti noa te māramatanga o ngā āpiha a Te Karauna ki ngā whakawhanaungatanga whakapapa i te rohe o Te Hiku. Me te aha hoki, kāore i mārama ki te tūturutanga o ngā whakapapa o Ngāti Kurī mai i ērā o ētahi atu o ngā iwi o te rohe.
(2)
I raro i ngā ture i whakaritea ai mō ngā whenua Māori o te rau tau te tekau mā iwa, te nuinga o ngā toenga whenua o Ngāti Kurī i tukua kētia ki ētahi tāngata takitahi iti rawa nei. Kore rawa he whakataunga i whiriwhiria hei tohu i aua tāngata takitahi rā kia noho kaitiaki rātou mō tō rātou iwi, kāore i roa ka hokona atu te nuinga o te whenua. Ake ki te 1890, neke atu i te 70 ōrau o ngā whenua taketake o Ngāti Kurī kua riro kē. Ko te whenua rahi katoa i mahue mai ai i roto i ō rātou ringaringa ko tērā e pae ana i te whanga o Pārengarenga. Ko te mahi matua whai oranga a te Māori i roto i te rohe, ko te keri kāpia. Nā te taratahi me te kore rori i te rohe, ko te otinga atu ko te nama a ngā kaimahi Māori ki ngā rangatira o ngā toa hokohoko, ko rātou nei i te hoko i te kāpia mai i te Māori me te hoko atu hoki ki te Māori i ā rātou nā taputapu. Ko rātou, ko ngā rangatira o ngā toa hokohoko, i a rātou te mana o te whakarite i te moni e utua ai mō te kāpia, me te moni e utua ai e te Māori mō ngā taputapu e hokona mai ai e ia i aua momo tāngata.
(3)
I te tau 1896 ka tīmata Te Kooti Whenua Māori o taua wā ki te whakahaere i ngā take whenua e pā ana ki Pārengarenga me Pākohu i te takiwā ki te whanga o Pārengarenga. He nui te moni kia utua mō te whakahaere i ngā take a te kooti me te rūri hoki. I tata ngaro katoa ngā whenua ki te utu i ngā nama rūri. Kia kore ai e riro katoa aua whenua, ka riro mā Te Karauna e kawe te utu o te nama. Ka whakawhitingia te mana ki ēnei whenua ki te ‘Tokerau Māori Land Board.’ (Te Poari Whenua Māori o Te Tokerau.) Ahakoa ka noho ngā whenua nei ki roto i ngā ringaringa o te Māori ēngari kāore i whai mana ngā ariki Māori o aua whenua ki ngā whakahaerenga, ngā whakaritenga rānei. E toru noa anō ngā whenua rāhui iti nei i te rohe o te whanga o Pārengarenga, i mahue mai ki ngā Māori hei oranga mō rātou. Ko te papakāinga matua o Ngāti Kurī arā, a Te Hāpua, he rite tonu te waipukengia me te aha, he tokomaha ngā tāngata i pāngia e te mate taipō me te mate kohi. I mōhio Te Karauna ki ēnei mate ēngari iti noa te aro mai ki te rongoā i aua mate.
(4)
Tae rawa mai ki te 1910 kua ea ngā nama rūri, ēngari ahakoa ia tēnei, kāore tonu te whenua i hoki ki ngā ariki. He rite tonu te tono a Ngāti Kurī kia whakahokia mai ngā whenua kia taea ai e rātou te tīmata i ētahi mahi ahu whenua. Ēngari kia tae rawa ki ngā tau rima tekau o te rau tau i pahure atu nei, kātahi anō ka arongia mai ā rātou īnoi.
(5)
I te tau 1953 ka hoatu te mana e te Karauna ki Te Kaitiaki Māori ki te tango i ngā pānga iti i ngā whenua ō Pārengarenga me Pākohu. He maha ngā tāngata o Ngāti Kurī i ngaro ai ō rātou pānga ki ō rātou whenua mā roto atu i tēnei momo whakahāere.
(6)
Nā ngā mahi ā Te Karauna me ōna hapa ka mahue he maramara whenua noa iho ki te iwi o Ngāti Kurī, tae atu hoki ki ngā ara pakeke i whiua ai ki runga i a rātou e puta ai he oranga ki a rātou. He maha i wehe motuhake atu i te rohe, me te aha, i motumotukia te āhua o te noho-ā-iwi ā Ngāti Kurī, me te uaua hoki ki te tuku iho i ōna tikanga, i ōna mātauranga, tae rawa iho hoki ki tōna reo ki ōna reanga rangatahi.
9 Acknowledgements
(1)
The Crown acknowledges that, under te Tiriti o Waitangi/the Treaty of Waitangi, it undertook actively to protect Māori interests and to confirm and guarantee tino rangatiratanga. The Crown acknowledges that, in its relationship with Ngāti Kuri, it has failed to uphold those promises.
(2)
In particular, the Crown acknowledges that it has not always recognised Ngāti Kuri as an iwi, and its failure to respect the rangatiratanga of Ngāti Kuri has been an ongoing grievance.
Pre-1865 Crown land purchase
(3)
The Crown acknowledges that—
(a)
it failed to conduct an adequate investigation of customary interests and did not include Ngāti Kuri when it purchased the 86 885-acre Muriwhenua South block in 1858; and
(b)
the Muriwhenua South land was over a third of the Ngāti Kuri rohe and encompassed an entire east-to-west section of the peninsula, but the Crown only reserved 100 acres of the block for future Māori use and took no measures to protect that reserve from alienation; and
(c)
in these circumstances the Crown’s egregious failure, through these acts and omissions, to protect Ngāti Kuri interests was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(4)
The Crown further acknowledges that Ngāti Kuri received few direct or indirect benefits from the Crown acquiring this land. The Crown acknowledges that it had purchased land in advance of settler demand and that there was little permanent settlement or development of infrastructure, such as roading to link the remainder of the Ngāti Kuri rohe to developing markets and settlements, in the following decades.
Operation and impact of native land laws
(5)
The Crown acknowledges that—
(a)
Ngāti Kuri traditionally held their land and resources under customary tenure where tribal and hapū collective ownership was paramount; and
(b)
from 1865 the Crown imposed a new land tenure system, without consulting Ngāti Kuri, by giving rights to individuals and allowing for the conversion of aboriginal title to freehold title; and
(c)
Ngāti Kuri did not consent to the diminution of the laws of their ancestors, but had little option but to operate within the Crown’s new land laws.
(6)
The Crown further acknowledges that by 1875 the Native Land Court had vested 4 land blocks, totalling 78 000 acres, in 10 or fewer owners, and within a few years most of this land was in private ownership. The Crown acknowledges that—
(a)
the Crown’s failure to actively protect Ngāti Kuri’s interests in land they may otherwise have wished to have retained in tribal ownership, by failing to provide an effective form of communal title before 1894, was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and
(b)
its individualisation of land title was inconsistent with Ngāti Kuri tikanga, made land more susceptible to partition and alienation, and led to the fragmentation of land ownership. This contributed to the erosion of the traditional tribal structures, mana, and rangatiratanga of Ngāti Kuri. The Crown’s failure to protect those collective tribal structures had a prejudicial effect on Ngāti Kuri and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Motuopao
(7)
The Crown acknowledges that—
(a)
its assertion of ownership of Motuopao in 1875, as being surplus Crown lands, was premised on the island being part of the 1840 Muriwhenua transaction; and
(b)
in 1871 the Crown abandoned any claim to ownership of the majority of lands within that transaction area; and
(c)
in these circumstances, the Crown’s assertion of ownership of Motuopao was particularly unjust and unreasonable, effectively a compulsory acquisition by the Crown without compensation, and a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(8)
The Crown recognises Motuopao is an ancient burial place and wāhi tapu for Ngāti Kuri. The Crown’s desecration of Motuopao through the building of a lighthouse in 1877 was a source of significant grievance that drew repeated protest from Ngāti Kuri leaders.
Impact of nineteenth century land loss
(9)
The Crown acknowledges that Crown and private purchasing alienated Ngāti Kuri from over 70% of their ancestral land by 1880, disturbed Ngāti Kuri’s traditional resource use and settlement patterns, and severely limited their economic opportunities. This left Ngāti Kuri whānau dependent on a precarious cash economy based around gum digging.
Loss of control of Pārengarenga and Pākohu lands
(10)
The Crown acknowledges that—
(a)
in 1896, on the application of a single individual, ownership of almost all the remaining customary land in the Ngāti Kuri rohe (the approximately 60 000-acre Pārengarenga and Pākohu blocks) was awarded by the Native Land Court to over 500 individuals; and
(b)
the crippling cost of surveying the land for the court’s process left those owners with substantial survey debts and at risk of losing the land; and
(c)
the Crown’s intervention in 1904 to stop the owners permanently losing the land resulted in the Crown-appointed Māori Land Board having complete authority over almost all Ngāti Kuri’s remaining lands while the land was leased to private parties to pay the survey debt; and
(d)
the survey debt was repaid by 1910 and its subsequent failure to return control of the land to the owners for more than 3 decades, despite repeated appeals from the owners for increased control over their land, was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(11)
The Crown acknowledges that,—
(a)
under the administration of the Māori Land Board, Ngāti Kuri were largely reduced to living on 3 small reserves, totalling less than 2 000 acres; and
(b)
neither absentee nor resident owners received any on-payment of the rent the Land Board accumulated from leasing their other lands; and
(c)
when the Crown approved the Board using the accumulated funds to assist development of Te Kao lands, with the intention of assisting Te Hāpua later, this disparity of approach was a source of grievance for Ngāti Kuri and gave rise to tension with their whanaunga; and
(d)
the Crown was slow to provide basic infrastructure for Ngāti Kuri’s remaining lands. Ngāti Kuri’s main papakāinga at Te Hāpua did not have a consistent water supply or all-weather road access for too long; and
(e)
the lack of infrastructure, combined with poor housing, insufficient arable land, and restricted economic opportunities, left Ngāti Kuri extremely impoverished and suffering significant economic hardship; and
(f)
Ngāti Kuri had little access to adequate healthcare over a prolonged period, when nearly a quarter of the children at Te Hāpua died before they reached the age of 5 and the community suffered malnutrition and diseases such as typhoid and tuberculosis; and
(g)
living conditions at Te Hāpua were the subject of national concern and repeated Crown inquiries in the 1920s and 1930s, with Ngāti Kuri leaders appealing to the Crown to either purchase adjoining private land sufficient to sustain them or provide the development assistance to enable the development of the adjoining lands that remained under Land Board control; and
(h)
at this time development assistance was available to other New Zealanders, including other Māori on Te Hiku peninsula, and the Crown’s selectivity in providing assistance to others but not to Ngāti Kuri is a continuing grievance for the iwi; and
(i)
it concluded that the lands were unsuitable for development and pursued a policy of encouraging Ngāti Kuri to leave Te Hāpua.
(12)
The Crown acknowledges that these policies and lack of economic opportunity led many whānau and working-age Ngāti Kuri to leave. The displacement of Ngāti Kuri people impeded inter-generational transfer of mātauranga (traditional knowledge) and contributed to a decline in the use of te reo Māori. Alienation from the land also impeded the ability of Ngāti Kuri to exercise their cultural responsibility to provide manaakitanga and exercise kaitiakitanga.
(13)
The Crown acknowledges that the people of Ngāti Kuri remained resilient in the face of these prejudicial circumstances and continued to work together to develop their land and economy to retain the iwi at Te Hāpua.
Development schemes
(14)
The Crown also acknowledges that when it finally provided development assistance for the Pārengarenga lands in the 1950s—
(a)
Ngāti Kuri were once again deprived of control of their land for decades while the land was under development; and
(b)
the Māori Trustee actively pursued the purchase of individual shares from owners and, as a result, today the Māori Trustee retains a significant shareholding in the Pārengarenga incorporation.
(15)
The Crown acknowledges that it promoted legislation to empower the Māori Trustee to compulsorily acquire shareholdings it considered to be uneconomic from Māori owners. The Crown acknowledges that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles, which affected owners of the Pākohu and Pārengarenga blocks and deprived some Ngāti Kuri of their last connection to their tūrangawaewae.
(16)
The Crown acknowledges that Ngāti Kuri still feel the legacy of nineteenth and twentieth century land laws, which resulted in many Ngāti Kuri being excluded from connection to their tribal lands.
(17)
The Crown acknowledges that many of those lands the people of Ngāti Kuri retain today are retained as individual shareholdings in incorporations, which hold land in a form of corporate, rather than tribal, title. This is inconsistent with, and does not adequately provide for or reflect, Ngāti Kuri tikanga.
Impact on resource use
(18)
The Crown acknowledges that in the 1960s and 1970s it purchased several large blocks in the Ngāti Kuri rohe from private ownership and subsequently converted them to public reserves. This further restricted Ngāti Kuri use of and access to their mahinga kai and wāhi tapu.
(19)
The Crown acknowledges that in the 1960s it wished to establish the Spirits Bay public campground and pressured Ngāti Kuri to leave the Kapowairua papakāinga they had occupied for generations by fencing off their living areas. The Crown particularly acknowledges that the resulting eviction of Ngāti Kuri from Kapowairua caused great spiritual and emotional pain to Ngāti Kuri.
(20)
The Crown acknowledges—
(a)
the importance to Ngāti Kuri of whenua, waterways, moana and maunga as part of their identity and as resources critical to their physical and cultural sustainability; and
(b)
that land clearance and alienation has led to the destruction of important habitats for indigenous species of significance to Ngāti Kuri, such as pūpūharakeke; and
(c)
that alienation from the land has restricted the ability of Ngāti Kuri to sustain and develop their own cultural knowledge or to exercise the protective authority of kaitiakitanga over many of those resources and taonga; and
(d)
that Ngāti Kuri were not consulted when the Crown extended its control of natural resources to include minerals and that Ngāti Kuri remain aggrieved by the Crown’s assumption of control.
(21)
The Crown acknowledges the harmful effects on Ngāti Kuri of a state education system that for too long did not value Māori cultural understandings, discouraged the use of te reo Māori, and generally held low expectations for Māori academic achievement.
(22)
The Crown acknowledges that, despite the Crown’s failures to honour its obligations under te Tiriti o Waitangi/the Treaty of Waitangi, Ngāti Kuri have shown exemplary loyalty as citizens of our nation, including making the ultimate sacrifice in defence of New Zealand in overseas wars.
(23)
Today, most Ngāti Kuri live outside their traditional rohe. The Crown acknowledges that the cumulative effects of its actions and omissions left Ngāti Kuri without suitable and sufficient land for their present and future needs and that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(24)
The Crown acknowledges that over the generations to the present day its actions have undermined the basis of Ngāti Kuri society and autonomy and have not been consistent with the honour of the Crown. The Crown acknowledges that redress for Ngāti Kuri for these wrongs is long overdue.
Ngā Whakaaetanga ā te karauna
(1)
E whakaae ana Te Karauna, i raro i te Tiriti ō Waitangi ko tāna mahi he tino tiaki i ngā rawa Māori, ki te whakapūmau hoki i te tino rangatiratanga ō te Māori. E whakaae ana Te Karauna kāore i tutuki i ā rātou ēnei kī taurangi.
(2)
E whakaae rawa ana te Karauna i hapa ia, i tōna kore i āta aro ki a Ngāti Kuri ā iwi nei, mē tōna hapa anō ki te whakamana mē te whakaae atu ki te rangatiratanga ō Ngāti Kuri, i noho ai hei whakamauāhara, ā, moroki noa nei.
Ngā Whenua i Hokona e Te Karauna i mua i te tau 1865
(3)
E whakaae ana Te Karauna—
(a)
i hē tana whakahāere i ngā whakaritenga e pā ana ki ngā pānga whenua, otirā i hapa Te Karauna i te mahuetanga i a ia ō Ngāti Kuri ki waho ō ngā whakaritenga ō te hoko ō te poraka Muriwhenua South 86 885 eka i te tau 1858; ā
(b)
neke atu i te tahi toru ō te whenua ō Muriwhenua South nō Ngāti Kuri, arā ko te katoa ō te kūrae mai i te rāwhiti ki te uru. 100 eka ō te poraka i wehea ē Te Karauna ki te Māori, kāore hoki i whakarite tikanga kia kaua ai taua whenua rāhui e riro noa i a huhua; ā
(c)
nā roto mai ō ēnei āhuatanga mē te tino aro kore ō Te Karauna, mā roto atu i ēnei mahi mē ōna hapa ki te āta tiaki i ngā pānga ō Ngāti Kuri, ka noho ēnei hei parahuhu i ngā mātāpono ō Te Tiriti ō Waitangi.
(4)
Waihoki, e whakaae ana Te Karauna e iti noa ana ngā hua, ngā painga rānei i taka mai ki ā Ngāti Kuri i te rironga ō ēnei whenua i Te Karauna. E whakaae ana Te Karauna i hokona ē ia ēnei whenua i mua noa anō i ngā tono ā tauiwi. Iti noa anō te noho tuturu, te hanga huarahi e hono atu ai te toenga o te rohe ō Ngāti Kuri ki ngā mākete mē ngā nohoanga pākehā, i ngā tau whai muri mai.
Te mahi me te hua o Ngā Ture Whenua Māori
(5)
E whakaae ana Te Karauna—
(a)
I mau tonu a Ngāti Kuri ki ōna whenua me ōna rauemi i raro i te tikanga Māori, arā ko tōna kaupapa mataamua nō te iwi, nō te hapū rānei te mana ki te whenua; ā
(b)
mai i te 1865 ka whakanohoia e Te Karauna he tikanga whenua hou, kāore ia i āta kōrero ki a Ngāti Kuri, me te aha, ka hoatu tikanga ki te takitahi me te tuku i te whenua mai te mana taketake ki te kaupapa taitara herekore; ā
(c)
Kore rawa a Ngāti Kuri i whakaae ki te whakarūhītanga o ngā tikanga ā ō rātou mātua tūpuna, otirā kāore he huarahi atu i te whai i ngā ture whenua hou a Te Karauna.
(6)
E whakaae ana anō hoki Te Karauna arā, tae rawa mai ki te tau 1875 kua oti kē i te Kooti Whenua Māori te tuku ō te tokowhā ō ngā poraka, hui katoa 78 000 eka ki ngā tāngata tekau, iti iho rānei, ā, i roto i ngā tau poto noa, ko te nuinga o tēnei whenua ka riro ki te āhuatanga tūmataiti. E whakaae ana Te Karauna—
(a)
ki te hapa ā Te Karauna ki te tino tiaki i ngā pānga ō Ngāti Kuri i ngā whenua tērā pea e hiahia ai rātou ki a mau tikanga ā iwi tonu tōna āhua. Nā te kore i whakarite i tētahi tikanga āhuatanga Māori i mua i te 1894, ka noho tēnei hei hapa e pā ana ki ngā mātāpono ō te Tiriti ō Waitangi; ā
(b)
ko tana whakatakitahitanga i te taitara whenua kore rawa i hāngai ki ngā tikanga ō Ngāti Kuri, otirā ka noho pānekeneke te āhua ō te whenua e taea noatia ai te kārawarawa, te hoko, ko tōna otinga atu ko te wāwāhitanga ō ngā tikanga Māori e pā ana ki te whenua. Nō konei ka kitea te whakangoikoretanga ō ngā tikanga ā iwi, te mana mē te rangatiratanga hoki ō Ngāti Kuri. Ko te hapa ā Te Karauna ki te tiaki i aua tikanga ā iwi kā tū hei whakararu i te noho ā Ngāti Kuri, ka mutu, he tino hapa rawa tēnei nō ngā mātāpono ō te Tiriti ō Waitangi.
Motuopao
(7)
E whakaae ana Te Karauna—
(a)
i tana kauhau whai take ki Motuōpao i te tau 1875, nā runga i te pōhēhē he wāhanga tērā moutere nō roto i ngā whiriwhiri e pā ana ki Muriwhenua i te tau 1840; ā
(b)
i te tau 1871 ka unuhia e Te Karauna ana takunga ki tōna mana e pā ana ki ngā whenua i roto i taua rohe; ā
(c)
nā roto mai i ērā āhuatanga, ki te kauhau ā Te Karauna ki tōna whai pānga ki Motuōpao, he mahi tūkino, he take kore, otirā he hao nā Te Karauna arā, he takahi, he hapa rānei i ngā mātāpono ō te Tiriti ō Waitangi.
(8)
E whakaae ana Te Karauna he urupā tahito, arā he wāhi tapu nō Ngāti Kuri a Motuōpao. Ko tētahi atu mōteatea nui ko te tūkinotanga o Motuōpao e Te Karauna i te hanganga i te whare tūrama i te tau 1877, i hua mai ai nga tohenga nui whakahē ā ngā rangatira ō Ngāti Kuri ki taua āhua.
Ko ngā whakawhiu ō ngā rironga whenua ō te rau tau tekau mā iwa
(9)
E whakaae ana Te Karauna ko ngā hokohoko āna mē ērā ā te tangata tumataiti te take i wehea mai ai i a Ngāti Kuri i runga atu i te 70 ōrau o ō rātou whenua tūpuna tae noa ki te tau 1880. Nā konā ka whakararua ngā tikanga tuku iho tae atu hoki ki ō rātou kāinga taupua, ki ō rātou kāinga taupuni. I pā kaha te kore āheinga ō rātou kia whai oranga ai rātou. Ka noho ko te keri kāpia me tōna āhua pānekeneke te huarahi mahi moni ai mōna.
Te rironga o te mana whakahāere i ngā whenua o Pārengarenga me Pākohu
(10)
E whakaae ana te Karauna—
(a)
na runga i te tono ā te tangata kotahi i te tau 1896, ko te whai pānga tata ki te katoa o ngā whenua tupu i tō rātou rohe (ara tata ki te 60 000 eka o Pārengarenga mē Pākohu) i whakawhiwhia e te Kooti Whenua Māori ki ngā tāngata takitahi, neke atu i te rima rau katoa nei tō rātou tatauranga; ā
(b)
ko te tino taimaha o te utu i te rūri o te whenua i raro i ngā whakatau ā te Kooti, ka noho hei pīkaunga mā te hunga whai pānga me te māharahara ka riro katoa atu hoki te whenua nā ngā nama nei; ā
(c)
nā te uru mai ō Te Karauna i te tau 1904 hei kati i te ngarotanga tuturu katoa atu ō ō rātou whenua, ka whakatūria e Te Karauna ko te Māori Land Board (Te Poari Whenua Māori) kia noho hei mana whakahāere tata ki te katoa ō ngā pitopito whenua ō Ngāti Kuri. I rīhitia ngā whenua nei ki te hunga tūmataiti, kia taea ai te utu i ngā nama rūri; ā
(d)
e whakaae ana anō Te Karauna i ea te nama rūri i te tau 1910, otirā e whakaae ana ki tōna taka hē ki te whakahoki i te mana whakahāere ō te whenua ki ngā ariki tūturu nuku atu i te toru tekau tau te takaroa, ahakoa ngā tono ngā īnoi ā ngā ariki kia tukua he wāhanga nui ake ki te whakahaere i ō rātou whenua ki a rātou, he hapa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi.
(11)
E whakaae ana Te Karauna—
(a)
arā i raro i ngā whakahāere ā Te Poari Whenua, ka whakawhāitingia kia noho a Ngāti Kuri ki ētahi rāhui iti e toru noa nei, arā, e 2 000 eka te rahi; ā
(b)
kore rawa ngā hunga i noho i waho mē ēra i noho ki runga i te whenua i utua mō te reti i kohia e Te Poari Whenua nā runga i te rīhi i ētahi atu ō o rātou whenua; ā
(c)
i te whakaaetanga ā Te Karauna kia riro mā te Poari e whakamahi ngā putea i kohia ai ki te whakawhanake i ngā whenua ō Te Kao, kō tētahi ō ōna kaupapa he āwhina i Te Hāpua. Nā te kore i pai, i tika hoki ō tēnei whakaaro, ka noho hei kaupapa moteatea mō Ngāti Kuri mē te ara ake anō ō te kirikawa i waenga i ā rātou me ō rātou whanaunga; ā
(d)
i pōturi rawa Te Karauna ki te whakarite tikanga e pā ana ki te toenga ō ngā whenua ō Ngāti Kuri. Kāore he painga tuturu ō te puna wai mē te huarahi tōtika mō tētahi wā roa tonu i te papakāinga ō Ngāti Kuri i Te Hāpua; ā
(e)
nā te kore tikanga tūturu, nā te paparewa ō ngā kāinga, nā te iti ō te whenua haumako, mē te pakeke ō te ara ki te oranga, ka mahue a Ngāti Kuri i roto i te tino pōharatanga i te tino pāhekeheke ō ngā āhuatanga ōhanga; ā
(f)
he roa tonu te wā e iti noa ana te whai wāhi atu ō Ngāti Kuri ki ngā kaupapa hauora, nā konā ka kitea te matenga ō te hauwhā ō ngā tamariki i Te Hāpua i mua i te ekenga ki ngā tau e rima. I pā te ngau ō te mate kai mē ngā momo mate manauhea tae noa ki te taipō me te mate kohi; ā
(g)
he kaupapa manawapā te āhua o te noho ā te tangata i Te Hāpua mā te motu whānui tae noa ki ngā uiui ā te Karauna i ngā tau o te 1920 me te 1930. I mātua īnoi ngā rangatira ō Ngāti Kuri ki Te Karauna kia hokona ngā whenua tūmataiti e rite ana hei oranga mō rātou. Ki te kore tērā, kia āwhinatia rātou ā pūtea ā tohutohu e taea ai te whakawhanake i ngā whenua āpiti e noho ana i raro i te whakahaere ā te Poari Whenua; ā
(h)
i taua wā i whai wāhi atu ētahi atu tāngata o Aotearoa tae noa hoki ki ētahi Māori i Te Hiku ki ngā āwhina whakawhanake whenua. Kō te āwhina ā Te Karauna i ētahi atu ēngari kaua i ā Ngāti Kuri e noho tonu ana tēnei hei pāmamaetanga mā te iwi; ā
(i)
e whakaae ana Te Karauna nōna te whakaaro ēhara kē aua whenua i te whenua haumako hei whakawhanaketanga, ka whai kē rātou i te huarahi whakahau kia whakarērea a Te Hāpua e Ngāti Kuri.
(12)
E whakaae ana Te Karauna nā ēnei kaupapa mē te kore ara tūturu ki te orangatanga mō Ngāti Kuri, he maha ngā whānau mē te hunga e āhei ana ki te mahi ō roto i ā Ngāti Kuri i wehewehe atu i o rātou whenua. Nā tēnei wehewehenga ō ngā whānau ō Ngāti Kuri ka pakeke, ka uaua te whakawhitiwhiti i tō rātou mātauranga Māori, nō konā ka tāmatemate hāere te āheinga ki te kōrero i Te Reo Māori. Kō ngā tikanga manaakitanga mē te whakaū i te kaupapa kaitiakitanga i waimāero nā te wehenga mai ō Ngāti Kuri i ōna whenua.
(13)
E whakaae ana Te Karauna, arā, ahakoa ngā āhuatanga whakararu i ā rātou, i noho tonu te iwi ō Ngāti Kuri i roto i tōna manawanui ki te mahi tahi ki te whakawhanake i tō rātou whenua me ōna kaupapa oha kia mau tonu ai tōna iwi ki Te Hāpua.
Ngā kaupapa whakawhanake
(14)
E whakaae ana anō Te Karauna i ā ia ka whakaae ki te tuku āwhina whakawhanake mō ngā whenua ō Pārengarenga i ngā tau ō te 1950—
(a)
Ka tangohia anō te mana whakahāere ō Ngāti Kuri i ō rātou whenua i te wā ō te whakawhanaketanga i ō rātou whenua; ā
(b)
i tahuri te Katitiaki Māori ki te hokohoko i ngā hea o ia tangata, ā, i te otinga, tae noa mai ki tēnei rā he wāhanga nui tonu ō ngā hea ō te kaporeihana ō Pārengarenga kei roto i ō te Kaitiaki Māori ringaringa.
(15)
E whakaae ana Te Karauna i whakahaua e ia te whakatakoto ture kia āhei ai Te Kaitiaki Māori ki te tango noa i ngā pānga hea, e ai ki ā ia e noho hua kore ana, mai ngā ariki Māori. E whakaae ana Te Karauna he hapa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi, i pākaha ai ki ngā ariki ō ngā whenua o Pākohu me Pārengarenga. Ko te otinga iho i wehea motuhake ētahi ō Ngāti Kuri mai i tō rātou tūrangawaewae.
(16)
E whakaae ana Te Karauna kei te rongo tonu a Ngāti Kuri i ngā mamae i ngā kōhuki i whiua ki runga i a rātou e ngā ture o te rau tau rua tekau, otirā i wehea mai ai a Ngāti Kuri i ō rātou whenua tupu.
(17)
E whakaae ana Te Karauna ko te maha ō ngā whenua e mau tonu ana i te iwi ō Ngāti Kuri he hea takitahi kei ngā kaporeihana kaore kē i raro i te taitara iwi. Kāore tēnei i te hāngai, ā, e kore anō hoki e whai wāhi mai ana ki roto i ngā tikanga ō Ngāti Kuri.
Ngā raru i pā ki te whakamahi i a rātou rauemi
(18)
E whakaae ana Te Karauna i ngā tau ō te 1960 me te 1970 i hokona e ia ētahi poraka whenua rahi i te rohe ō Ngāti Kuri mai i te tangata tūmataiti, ka tohua hei whenua rāhui tūmatanui. Na tērā mahi ka taparere te āhua e whai wāhi atu ai a Ngāti Kuri ki ō rātou mahinga kai, ki ō rātou wahi tapu.
(19)
E whakaae ana Te Karauna, i ngā tau ō te 1960 ko tōna hiahia ki te whakatū puni tūmatanui ka aruarutia a Ngāti Kuri kia wehe i te papakāinga o Kapowairua, he kāinga i nohoia ai e rātou i ngā whakatupuranga maha, arā ka taiepatia atu rātou ki waho i ō rātou papakāinga. E tino whakaae ana Te Karauna nā te pananga ō Ngāti Kuri mai i Kapowairua ka tau ki runga i ā rātou ko te wairua parure, ko te ngākau mamae kino.
(20)
E whakaae ana Te Karauna—
(a)
ki te hiranga nui ki a Ngāti Kuri ō ngā whenua, ngā awa, te moana mē ngā maunga i roto i te whakaaro Māori ki ēnei mea katoa arā, “ko koe au, ko au koe.” Otirā, he rauemi ēnei e pā kaha ana ki te oranga tinana ki te oranga wairua ki tō rātou ahurea tikanga; ā
(b)
ko te whakahorehore i te whenua i ōna kakahu ake, me te tauhoko hoki i aua whenua ka hua mai ko te haepapatanga i ngā wāhi ō ngā kararehe mē ngā ngārara i whakaaronui atu ai a Ngāti Kuri, arā pēnei me te pūpūharakeke; ā
(c)
na te wehenga ō Ngāti Kuri i ō rātou whenua ka whāiti te āheinga ō Ngāti Kuri ki te whakawhanake i ō rātou mātauranga ahurea, ki te whakaū i te mana kaitiakitanga i runga i te maha ō ngā rauemi mē ngā tāonga; ā
(d)
waihoki kāore Te Karauna i kōrero, i haere rānei ki te whakawhitiwhiti whakaaro mē Ngāti Kuri i te wā i whakawhānuitia ai e Te Karauna tōna mana kī ngā rauemi tae atu ki ngā manawa whenua, e noho pāmamae tonu nei a Ngāti Kuri i te rironga o te mana whakahāere ō ēnei mea i Te Karauna.
(21)
E whakaae ana Te Karauna ki ngā taimahatanga i whiua ē ia ki runga i ā Ngāti Kuri mā roto atu i ngā kura kāwanatanga, kāore nei aua momo kura i aro ki ngā tikanga ahurea Māori, kāore i āwhina ki te whakawhanake i Te Reo Māori me te aha, kāore hoki i whakapono ka taea e te Māori ngā mahi whai mātauranga.
(22)
E whakaae ana Te Karauna ahakoa ōna hapa ki te whakatutuki ki te whakatinana hoki i ngā whakahau ō Te Tiriti ō Waitangi, i rangatira tonu te kawe ā Ngāti Kuri i a rātou ā iwi nei, ā tangata Aotearoa hoki, tae noa anō ki te haere ki te tinei i te mura o te ahi i ngā pakanga nui, iti hoki o te aō.
(23)
Kei waho atu i tō rātou kāinga tuturu te nuinga o Ngāti Kuri e noho ana i ēnei rā. E whakaae ana Te Karauna nā roto atu i ōna hapa, i āna mahi hoki ka mahue a Ngāti Kuri i roto i te ahuatanga i uaua, i pakeke ai hoki ki a rātou kia whai oranga mō ēnei rā mē ngā rā kei te tū mai i mua i o rātou aroaro. He hapa rawa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi.
(24)
E whakaae ana Te Karauna, i roto mai i ngā whakatupuranga tae noa mai ki ēnei rā, nā ōna mahi ka whakarūhi nuitia te ahurea me te mana o Ngāti Kuri, waihoki kāore i whai i te āhua rangatira e tika ana ma Te Karauna. E whakaae ana Te Karauna kua roa rawa te wā e tatari ana a Ngāti Kuri i te puretumu mo ēnei hapa.
10 Apology
To nga uri o Ngāti Kuri, to the ancestors, those here today, and those who are yet to come, the Crown makes the following apology:
(1)
The Crown unreservedly apologises for its failure to appropriately recognise and respect the mana and rangatiratanga of Ngāti Kuri. This was unprincipled and has left Ngāti Kuri almost invisible as an iwi in the history of Te Hiku o Te Ika.
(2)
The Crown profoundly regrets its breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles, which have had an enduring impact on Ngāti Kuri. The Crown is deeply sorry it has not acted with the utmost good faith towards Ngāti Kuri in a manner consistent with the honour of the Crown.
(3)
These omissions restricted Ngāti Kuri’s ability to act as kaitiaki over their taonga, wahi tapu, and whenua, and the compounding effects of successive flawed land laws progressively undermined their traditional tikanga and rangatiratanga. The Crown regrets the prejudice Ngāti Kuri have suffered as a result, including being marginalised on their ancestral lands, and a loss of tribal authority, social cohesion, traditional knowledge, and ability to develop economically.
(4)
The Crown unreservedly apologises for the cumulative effects of its ongoing actions and omissions, which contributed to Ngāti Kuri suffering significant population losses and left the people in poverty, poor housing, and deep distress over successive generations.
(5)
With this settlement the Crown seeks to atone for these acknowledged injustices and begin the process of reconciliation. The Crown intends, in the utmost good faith, from this point forward to begin a renewed and enduring relationship with Ngāti Kuri based on mutual trust, commitment, co-operation, and respect for te Tiriti o Waitangi/the Treaty of Waitangi and its principles. This is done in the spirit of establishing a new and invigorated relationship based on mutual dignity and respect.
Te Whakapāha ā Te Karauna
Ki ngā uri ō Ngāti Kuri, ki ngā mātua tūpuna, ki a koutou kei konei i tēnei rā, ki ērā kāore anō kia whānau mai, ko ia tēnei ko te whakapāha ā Te Karauna:
(1)
E whakatakoto herekore ana Te Karauna i tōna whakapāha mō ōna hapa, mō tōna hē, ki te kore ōna i āta whakamana, whakarangatira hoki i a Ngāti Kuri. He āhuatanga mātāpono kore tēnei, waihoki ka noho a Ngāti Kuri ānō he “kanohi kitea kore,”
i roto i ngā kōrero i ngā whakapapa ō te ahurea ō Te Hiku ō Te Ika.
(2)
E hohonu rawa ana te pōuri ō Te Karauna mō āna takahitanga i ngā mātāpono ō Te Tiriti ō Waitangi, e noho nei hei mamaetanga mō Ngāti Kuri. E kaha whakapāha ana Te Karauna, kāore i rangatira tuturu āna mahi ki a Ngāti Kuri.
(3)
Na roto i ēnei hapa, kāore i taea e Ngāti Kuri te āta whakatutuki i tā te kaitiaki mahi i ngā tāonga, i ngā wāhi tapu me te whenua. Waihoki, ko te āki mai ā ngā ture whenua hē, ka tārehua hāeretia te mana o ō tikanga mē tōu rangatiratanga. E whakapāha ana Te Karauna i te whakahāweatanga i a Ngāti Kuri nā roto atu i te wehewehe mai i ā koutou i ō koutou whenua tupu, te takahi i te mana ō te iwi, te wehewehe tikanga, te wehewehe tangata, te ngaromanga ō te mātauranga Māori, me te whakapakeke i te huarahi hei whakawhanake ōhanga mō koutou.
(4)
E whakatakoto herekore ana Te Karauna i tōna whakapāha ki ngā huakore ō āna mahi me ōna hapa, i pākia kinotia ai a Ngāti Kuri, arā ko te ngaro tangata, ko te pōhara, ko ngā whare paea me te noho tino roa i roto i te kohuki.
(5)
Mā roto atu i tēnei whakataunga e whai ana Te Karauna i te huarahi hei whakatika i ōna hē, kua whakaae nei ia ki aua hē, otirā e taea ai inaianei te whai i te huarahi ō te whakatau hoahoa ō te whakakotahi anō i ngā whakaaro ō Ngāti Kuri mē Te Karauna. Ko te takune ō Te Karauna, i roto i te tino pono, mai tēnei wā, ko te waihanga i tētahi whakawhanaungatanga tūturu mē Ngāti Kuri ko tōna tūāpapa ko te ngākau kotahi, ko te whakamaunga pono, ko te tautoko, me te whakaute i Te Tiriti ō Waitangi me ōna mātāpono. Ka mahia tēnei i roto anō i te whakaaro kia tīmataria anō he whakawhanaungatanga hou, kaha hoki, ko tōna tūāpapa ko te kawe i te whakaaro rangatira me te whakaute.
Interpretation provisions
11 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.
12 Interpretation
In this Act, unless the context otherwise requires,—
administering body has the meaning given in section 2(1) of the Reserves Act 1977
aquatic life has the meaning given in section 2(1) of the Conservation Act 1987
attachments means the attachments to the deed of settlement
Aupouri Forest has the meaning given in section 136
commercial redress property has the meaning given in section 136
common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
computer register—
(a)
has the meaning given in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and
(b)
includes, where relevant, a certificate of title issued under the Land Transfer Act 1952
consent authority has the meaning given in section 2(1) of the Resource Management Act 1991
conservation area has the meaning given in section 2(1) of the Conservation Act 1987
conservation management plan has the meaning given in section 2(1) of the Conservation Act 1987
conservation management strategy has the meaning given in section 2(1) of the Conservation Act 1987
Crown has the meaning given in section 2(1) of the Public Finance Act 1989
Crown forest land has the meaning given in section 136
Crown forestry licence has the meaning given in section 136
cultural redress property has the meaning given in section 22
deed of settlement—
(a)
means the deed of settlement dated 7 February 2014 and entered into—
(i)
by the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and
(ii)
by Abbey Subritzky Brown, Kahuipani Petera, Whitiora Abraham, Sheridan Aroha Waitai, Tom Petricevich, Donna Marie Smith, Graeme Neho, Lillian Grace Karaka, Walter John Wells, Henri Jacques Burkhardt, and Charlie Kyle Sucich for and on behalf of Ngāti Kuri; and
(b)
includes—
(i)
the schedules of, and attachments to, the deed; and
(ii)
any amendments to the deed, or to its schedules and attachments
Director-General means the Director-General of Conservation
documents schedule means the documents schedule of the deed of settlement
effective date means the date that is 6 months after the settlement date
historical claims has the meaning given in section 14
interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property
korowai means the conservation redress provided for in the deed of settlement and in subpart 3 of Part 2
LINZ means Land Information New Zealand
local authority has the meaning given in section 5(1) of the Local Government Act 2002
member of Ngāti Kuri means an individual referred to in section 13(1)
NgāiTakoto and Te Rūnanga o NgāiTakoto have the meanings given in sections 12 and 13 of the NgāiTakoto Claims Settlement Act 2015
Ngāti Kahu and Ngāti Kahu governance entity mean, respectively, the iwi known as Ngāti Kahu and the governance entity of that iwi
Ngāti Kuri has the meaning given in section 13
Ngāti Kuri area of interest and area of interest mean the area set out in part 1 of the attachments
Peninsula Block has the meaning given in section 136
property redress schedule means the property redress schedule of the deed of settlement
regional council means the Northland Regional Council as named in Part 1 of Schedule 2 of the Local Government Act 2002
Registrar-General means the Registrar-General of Land appointed in accordance with section 4 of the Land Transfer Act 1952
representative entity means—
(a)
the trustees of Te Manawa O Ngāti Kuri Trust; and
(b)
any person (including any trustee) acting for or on behalf of—
(i)
the collective group referred to in section 13(1)(a); or
(ii)
1 or more of the whānau, hapū, or groups referred to in section 13(1)(c); or
(iii)
1 or more members of Ngāti Kuri
reserve has the meaning given in section 2(1) of the Reserves Act 1977
reserve property has the meaning given in section 22
resource consent has the meaning given in section 2(1) of the Resource Management Act 1991
RFR means the right of first refusal provided for in subpart 4 of Part 3
RFR date, RFR land, balance RFR land, exclusive RFR land, and shared RFR land have the meanings given in section 152
RFR period has the meaning given in section 152
settlement date means the date that is 60 working days after the date on which this Act comes into force
statutory acknowledgement has the meaning given in section 109
Te Aupouri and Te Rūnanga Nui o Te Aupouri Trust have the meanings given in sections 12 and 13 of the Te Aupouri Claims Settlement Act 2015
Te Hiku o Te Ika iwi—
(a)
means any or all of the following:
(i)
Ngāti Kuri:
(ii)
Te Aupouri:
(iii)
NgāiTakoto:
(iv)
Te Rarawa; and
(b)
includes Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under—
(i)
subparts 2 and 3 of Part 2 (which relate to Te Oneroa-a-Tohe redress and the korowai); and
(ii)
subpart 4 of Part 3 (which relates to the RFR redress)
Te Hiku o Te Ika iwi governance entities and governance entities—
(a)
mean the governance entity of any or all of the following:
(i)
Ngāti Kuri:
(ii)
Te Aupouri:
(iii)
NgāiTakoto:
(iv)
Te Rarawa; and
(b)
include the governance entity of Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under—
(i)
subparts 2 and 3 of Part 2 (which relate to Te Oneroa-a-Tohe redress and the korowai); and
(ii)
subpart 4 of Part 3 (which relates to the RFR redress)
Te Manawa O Ngāti Kuri Trust and Te Manawa mean the trust of that name established by trust deed dated 7 February 2014
Te Rarawa and Te Rūnanga o Te Rarawa have the meanings given in sections 12 and 13 of the Te Rarawa Claims Settlement Act 2015
tikanga means customary values and practices
trustees of Te Manawa and trustees means the trustees of Te Manawa acting in their capacity as trustees of the Te Manawa O Ngāti Kuri Trust
working day means a day 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:
(b)
if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
(c)
a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year:
(d)
the days observed as the anniversaries of the provinces of Auckland and Wellington.
13 Meaning of Ngāti Kuri
(1)
In this Act, Ngāti Kuri—
(a)
means the collective group of individuals who are descended from 1 or more Ngāti Kuri tupuna; and
(b)
includes those individuals; and
(c)
includes any whānau, hapū, or group to the extent that it is composed of those individuals, including the following:
(i)
Ngāti Kaha:
(ii)
Te Kari:
(iii)
Whakakohatu:
(iv)
Ngāti Waiora:
(v)
Te Mahoe:
(vi)
Ngāti Murikahara:
(vii)
Patukirikiri:
(viii)
Ringamaui:
(ix)
Pohotiare:
(x)
Te Rori:
(xi)
Patukohatu.
(2)
In this section and section 14,—
customary rights means rights exercised according to tikanga Māori, including—
(a)
rights to occupy land; and
(b)
rights in relation to the use of land or other natural or physical resources
descended means that a person is descended from another person by—
(a)
birth; or
(b)
legal adoption; or
(c)
Māori customary adoption in accordance with the tikanga of Ngāti Kuri
Ngāti Kuri tupuna means an individual who—
(a)
exercised customary rights by virtue of being descended from a primary tupuna of Ngāti Kuri; and
(b)
exercised the customary rights predominantly in relation to the Ngāti Kuri area of interest at any time after 6 February 1840
primary tūpuna of Ngāti Kuri are—
(a)
Pohurihanga of the waka Kurahaupo:
(b)
Maieke.
14 Meaning of historical claims
(1)
In this Act, historical claims—
(a)
means the claims described in subsection (2); and
(b)
includes the claims described in subsection (3); but
(c)
does not include the claims described in subsection (4).
(2)
The historical claims are every claim that Ngāti Kuri or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
(a)
is founded on a right arising—
(i)
from te Tiriti o Waitangi/the Treaty of Waitangi or its principles; or
(ii)
under legislation; or
(iii)
at common law (including aboriginal title or customary law); or
(iv)
from a fiduciary duty; or
(v)
otherwise; and
(b)
arises from, or relates to, acts or omissions before 21 September 1992—
(i)
by or on behalf of the Crown; or
(ii)
by or under legislation.
(3)
The historical claims include—
(a)
a claim to the Waitangi Tribunal that relates exclusively to Ngāti Kuri or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:
(i)
Wai 41 (Ngati Kuri lands claim):
(ii)
Wai 633 (Ngati Kuri claim):
(iii)
Wai 739 (Rewi Hongi Whanau Trust):
(iv)
Wai 747 (Ngati Kuri Tribal Lands):
(v)
Wai 916 (Parengarenga 6 and 7 blocks):
(vi)
Wai 1692 (Whanau Hapu o Te Hāpua Ahikaa claim):
(vii)
Wai 1867 (Ngati Kuri (Hoana Karekare) claim); and
(b)
any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Kuri or a representative entity:
(i)
Wai 22 (Muriwhenua Fisheries and SOE claim):
(ii)
Wai 45 (Muriwhenua land):
(iii)
Wai 150 (Allocation of Radio Frequencies claim):
(iv)
Wai 160 (Guardianship Act claim):
(v)
Wai 249 (Ngapuhi Nui Tonu claim):
(vi)
Wai 262 (Indigenous Flora and Fauna and Cultural Intellectual Property claim):
(vii)
Wai 292 (Te Kao Lands and Waterways claim):
(viii)
Wai 861 (Tai Tokerau District Māori Council Lands):
(ix)
Wai 1359 (Muriwhenua Land Blocks claim):
(x)
Wai 1847 (Ngāti Kuri and Te Aupouri (Frances Brunton) claim):
(xi)
Wai 1980 (Parengarenga 3G Block claim):
(xii)
Wai 2000 (Harihona Whanau claim).
(4)
However, the historical claims do not include—
(a)
a claim that a member of Ngāti Kuri, or a whānau, hapū, or group referred to in section 13(1)(c), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor of Ngāti Kuri; or
(b)
a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
(5)
A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.
Historical claims settled and jurisdiction of courts, etc, removed
15 Settlement of historical claims final
(1)
The historical claims are settled.
(2)
The settlement of the historical claims 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.
(3)
Subsections (1) and (2) do not limit the deed of settlement.
(4)
Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of—
(a)
the historical claims; or
(b)
the deed of settlement; or
Amendment to Treaty of Waitangi Act 1975
16 Amendment to Treaty of Waitangi Act 1975
(1)
This section amends the Treaty of Waitangi Act 1975.
(2)
In Schedule 3, insert in its appropriate alphabetical order “Ngāti Kuri Claims Settlement Act 2015, section 15(4) and (5)”
.
Resumptive memorials no longer to apply
17 Certain enactments do not apply
(1)
The enactments listed in subsection (2) do not apply—
(a)
to a cultural redress property; or
(b)
to a commercial redress property; or
(c)
to the exclusive RFR land or the shared RFR land on and from the RFR date for the land; or
(d)
for the benefit of Ngāti Kuri or a representative entity.
(2)
The enactments are—
(a)
Part 3 of the Crown Forest Assets Act 1989:
(b)
sections 568 to 570 of the Education and Training Act 2020:
(c)
Part 3 of the New Zealand Railways Corporation Restructuring Act 1990:
(d)
sections 27A to 27C of the State-Owned Enterprises Act 1986:
(e)
sections 8A to 8HJ of the Treaty of Waitangi Act 1975.
Section 17(2)(b): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
18 Resumptive memorials to be cancelled
(1)
The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register for, each allotment that—
(a)
is all or part of—
(i)
a cultural redress property:
(ii)
a commercial redress property:
(iii)
the RFR land; and
(b)
is subject to a resumptive memorial recorded under any enactment listed in section 17(2).
(2)
The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after—
(a)
the settlement date, for a cultural redress property or a commercial redress property; or
(b)
the RFR date applying to—
(i)
the exclusive RFR land:
(ii)
the shared RFR land.
(3)
Each certificate must state that it is issued under this section.
(4)
As soon as is reasonably practicable after receiving a certificate, the Registrar-General must—
(a)
register the certificate against each computer register identified in the certificate; and
(b)
cancel each memorial recorded under an enactment listed in section 17(2) on a computer register identified in the certificate, but only in respect of each allotment described in the certificate.
Miscellaneous matters
19 Limit on duration of trusts does not apply
(1)
A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 of the Trusts Act 2019,—
(a)
do not prescribe or restrict the period during which—
(i)
Te Manawa O Ngāti Kuri Trust may exist in law; or
(ii)
the trustees may hold or deal with property or income derived from property; and
(b)
do not 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 Manawa O Ngāti Kuri Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019.
Section 19 heading: replaced, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
Section 19(1): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
Section 19(2): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
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 between 9 am and 5 pm on any working day; and
(b)
free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
21 Provisions of other Acts that have same effect
If a provision in this Act has the same effect as a provision in 1 or more of the Te Aupouri Claims Settlement Act 2015, the NgāiTakoto Claims Settlement Act 2015, or the Te Rarawa Claims Settlement Act 2015, the provisions must be given effect to only once as if they were 1 provision.
Part 2 Cultural redress for Ngāti Kuri
Subpart 1—Vesting of cultural redress properties
22 Interpretation
In this subpart,—
cultural redress property means each of the following properties, and each property means the land of that name described in Schedule 1:
Properties vested in fee simple
(a)
Murimotu Island:
(b)
The Pines Block:
(c)
Te Hāpua School site B:
(d)
Tirirangi Urupā:
Properties vested in fee simple subject to conservation covenant
(e)
Mokaikai Pā:
(f)
Wairoa Pā:
(g)
Wharekawa Pā:
Properties vested in fee simple to be administered as reserves
(h)
Kapowairua:
(i)
Mokaikai:
(j)
Te Raumanuka:
(k)
Te Rerenga Wairua:
(l)
Mai i Waikanae ki Waikoropūpūnoa (Beach site A):
(m)
Mai i Hukatere ki Waimahuru (Beach site B):
(n)
Mai i Ngāpae ki Waimoho (Beach site C):
(o)
Mai i Waimimiha ki Ngāpae (Beach site D):
Lake and lakebed properties vested in fee simple
(p)
bed of Lake Ngākeketo:
(q)
Waihopo Lake property
joint management body means the body to be established under section 55 to manage Beach sites A, B, C, and D
jointly vested property means each of the properties named in paragraphs (a) and (l) to (q) of the definition of cultural redress property
lake means—
(a)
the space occupied from time to time by the waters of the lake at their highest level without overflowing its banks; and
(b)
the airspace above the water; and
(c)
the bed below the water
reserve property means each of the properties named in paragraphs (h) to (o) of the definition of cultural redress property.
Properties vested in fee simple
23 Murimotu Island
(1)
The part of Murimotu Island that is a conservation area under the Conservation Act 1987 ceases to be a conservation area under that Act.
(2)
The fee simple estate in the part of Murimotu Island that is not a conservation area (and is not the part of Murimotu Island freed of its status as a conservation area under subsection (1)) vests in the Crown as Crown land subject to the Land Act 1948.
(3)
The fee simple estate in Murimotu Island vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
(a)
a share vests in the trustees under this section; and
(b)
a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 24 of the Te Aupouri Claims Settlement Act 2015.
(4)
Subsections (1) to (3) do not take effect until the trustees referred to in subsection (3) have jointly provided Maritime New Zealand with a registrable lease on the terms and conditions set out in part 6.2 of the documents schedule.
(5)
The Murimoto Island lease is not a subdivision for the purposes of section 218(1)(a)(iii) of the Resource Management Act 1991.
(6)
Improvements in or on Murimotu Island do not vest in the trustees, despite the vestings referred to in subsection (3).
24 The Pines Block
(1)
The reservation of the Pines Block (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Pines Block vests in the trustees.
(3)
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and conditions set out in part 5.19 of the documents schedule.
25 Te Hāpua School site B
(1)
This section applies subject to section 26.
(2)
The fee simple estate in Te Hāpua School site B (being Te Hapua School site B) vests in the trustees.
(3)
Subsection (2) does not take effect until—
(a)
the trustees have provided the Crown with a registrable lease in relation to Te Hāpua School site B on the terms and conditions set out in part 6.1 of the documents schedule; and
(b)
registrable easements, if any, required by clause 8.5 of the deed of settlement have been entered into.
26 Vesting and alternative description of Te Hāpua School site B in specified circumstances
(1)
In this section, Te Hāpua School House site means the areas shown labelled “A”
, “B”
, and “C”
on the Te Hāpua School House site plan (OTS-088-41) in part 2.2 of the attachments.
(2)
If the board of Te Hāpua School relinquishes the beneficial interest it has in Te Hāpua School House site as provided for in clause 8.3 of the deed of settlement, section 25(2) and (3)(a) applies, but in relation to Te Hāpua School site B as described in Part 2 of Schedule 1.
(3)
However, if the board of Te Hāpua School does not relinquish the beneficial interest it has in Te Hāpua School House site as provided for in clause 8.3 of the deed of settlement, section 25(2) and (3) applies in relation to Te Hāpua School site B as described in Part 1 of Schedule 1.
Section 26(2): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Section 26(3): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
27 Tirirangi Urupā
(1)
The reservation of the Tirirangi Urupā (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the Tirirangi Urupā vests in the trustees.
(3)
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable easement for a right to convey water on the terms and conditions set out in part 5.18 of the documents schedule.
Properties vested in fee simple subject to conservation covenant
28 Mokaikai Pā
(1)
The reservation of Mokaikai Pā (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Mokaikai Pā vests in the trustees.
(3)
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Mokaikai Pā on the terms and conditions set out in part 5.10 of the documents schedule.
(4)
The covenant is to be treated as a conservation covenant for the purposes of—
(a)
section 27 of the Conservation Act 1987; and
(b)
section 77 of the Reserves Act 1977.
29 Wairoa Pā
(1)
The reservation of Wairoa Pā (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Wairoa Pā vests in the trustees.
(3)
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Wairoa Pā on the terms and conditions set out in part 5.8 of the documents schedule.
(4)
The covenant is to be treated as a conservation covenant for the purposes of—
(a)
section 27 of the Conservation Act 1987; and
(b)
section 77 of the Reserves Act 1977.
30 Wharekawa Pā
(1)
The reservation of Wharekawa Pā (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Wharekawa Pā vests in the trustees.
(3)
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Wharekawa Pā on the terms and conditions set out in part 5.9 of the documents schedule.
(4)
The covenant is to be treated as a conservation covenant for the purposes of—
(a)
section 27 of the Conservation Act 1987; and
(b)
section 77 of the Reserves Act 1977.
Properties vested in fee simple to be administered as reserves
31 Kapowairua
(1)
The reservation of Kapowairua (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Kapowairua vests in the trustees.
(3)
The parts of Kapowairua that are Sections 15, 16, 19, 20, and 21 SO 469373 are declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(4)
The reserve referred to in subsection (3) is named Kapowairua Recreation Reserve.
(5)
The part of Kapowairua that is Section 17 SO 469373 is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.
(6)
The reserve referred to in subsection (5) is named Kapowairua Scenic Reserve.
(7)
Subsections (1) to (6) do not take effect until the trustees have provided the Crown with—
(a)
a registrable right of way easement in gross on the terms and conditions set out in part 5.12 of the documents schedule; and
(b)
a registrable easement for a right to convey water on the terms and conditions set out in part 5.18 of the documents schedule.
(8)
Despite the provisions of the Reserves Act 1977, the easements—
(a)
are enforceable in accordance with their terms; and
(b)
are to be treated as having been granted in accordance with the Reserves Act 1977.
32 Mokaikai
(1)
The reservation of Mokaikai (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Mokaikai vests in the trustees.
(3)
Mokaikai is declared a reserve and classified as a scenic reserve for the purposes of section 19(1)(a) of the Reserves Act 1977.
(4)
The reserve is named Takapaukura Scenic Reserve.
(5)
The Minister of Conservation must provide the trustees with a registrable right of way easement on the terms and conditions set out in part 5.17 of the documents schedule.
(6)
The easement required by subsection (5)—
(a)
is enforceable in accordance with its terms, despite Part 3B of the Conservation Act 1987; and
(b)
is to be treated as having been granted in accordance with Part 3B of that Act; and
(c)
is registrable under section 17ZA(2) of that Act as if it were a deed to which that provision applied.
(7)
Subsections (1) to (6) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and conditions set out in part 5.16 of the documents schedule.
(8)
Despite the provisions of the Reserves Act 1977, the easement required by subsection (5)—
(a)
is enforceable in accordance with its terms; and
(b)
is to be treated as having been granted in accordance with the Reserves Act 1977.
33 Te Raumanuka
(1)
Te Raumanuka ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Te Raumanuka vests in the trustees.
(3)
Te Raumanuka is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.
(4)
The reserve is named Te Raumanuka Historic Reserve.
(5)
Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and conditions set out in part 5.15 of the documents schedule.
(6)
Despite the provisions of the Reserves Act 1977, the easement—
(a)
is enforceable in accordance with its terms; and
(b)
is to be treated as having been granted in accordance with the Reserves Act 1977.
34 Te Rerenga Wairua
(1)
The reservation of part of Te Rerenga Wairua (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in Te Rerenga Wairua vests in the trustees.
(3)
Te Rerenga Wairua is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.
(4)
The reserve is named Te Rerenga Wairua Historic Reserve.
(5)
Subsections (1) to (4) do not take effect until the trustees have provided—
(a)
a registrable right of way easement in gross in favour of the Minister of Conservation on the terms and conditions set out in part 5.14 of the documents schedule; and
(b)
a registrable right of way easement in gross in favour of Maritime New Zealand on the terms and conditions set out in part 5.13 of the documents schedule; and
(c)
a registrable lease to Maritime New Zealand on the terms and conditions set out in part 6.3 of the documents schedule.
(6)
Despite the provisions of the Reserves Act 1977, the easements and lease required by subsection (5)—
(a)
are enforceable in accordance with their terms; and
(b)
are to be treated as having been granted in accordance with the Reserves Act 1977.
(7)
Improvements in or on Te Rerenga Wairua do not vest in the trustees, despite the vesting referred to in subsection (2).
(8)
The right of way easement created by Proclamation 11625 (North Auckland Land District) is cancelled to the extent that it relates to Te Rerenga Wairua.
(9)
The Registrar-General must note the effect of subsection (8) on Proclamation 11625 without any further inquiry.
35 Mai i Waikanae ki Waikoropūpūnoa
(1)
Any part of Beach site A that is a conservation area under the Conservation Act 1987 ceases to be a conservation area under that Act.
(2)
Any part of Beach site A that is Crown forest land under the Crown Forest Assets Act 1989 ceases to be Crown forest land under that Act.
(3)
The fee simple estate in Beach site A vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
(a)
a share vests in the trustees under this section; and
(b)
a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 35 of the Te Aupouri Claims Settlement Act 2015; and
(c)
a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 26 of the NgāiTakoto Claims Settlement Act 2015; and
(d)
a share vests in the trustees of Te Rūnanga o Te Rarawa under section 46 of the Te Rarawa Claims Settlement Act 2015.
(4)
Beach site A 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 reserve is named Mai i Waikanae ki Waikoropūpūnoa Scenic Reserve.
(6)
The joint management body established by section 55 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.
(7)
Subsection (6) continues to apply despite any subsequent transfer under section 56.
36 Mai i Hukatere ki Waimahuru
(1)
Any part of Beach site B that is a conservation area under the Conservation Act 1987 ceases to be a conservation area under that Act.
(2)
Any part of Beach site B that is Crown forest land under the Crown Forest Assets Act 1989 ceases to be Crown forest land under that Act.
(3)
The fee simple estate in Beach site B vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
(a)
a share vests in the trustees under this section; and
(b)
a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 36 of the Te Aupouri Claims Settlement Act 2015; and
(c)
a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 27 of the NgāiTakoto Claims Settlement Act 2015; and
(d)
a share vests in the trustees of Te Rūnanga o Te Rarawa under section 47 of the Te Rarawa Claims Settlement Act 2015.
(4)
Beach site B 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 reserve is named Mai i Hukatere ki Waimahuru Scenic Reserve.
(6)
The joint management body established by section 55 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.
(7)
Subsection (6) continues to apply despite any subsequent transfer under section 56.
37 Mai i Ngāpae ki Waimoho
(1)
Any part of Beach site C that is a conservation area under the Conservation Act 1987 ceases to be a conservation area under that Act.
(2)
Any part of Beach site C that is Crown forest land under the Crown Forest Assets Act 1989 ceases to be Crown forest land under that Act.
(3)
The fee simple estate in Beach site C vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
(a)
a share vests in the trustees under this section; and
(b)
a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 37 of the Te Aupouri Claims Settlement Act 2015; and
(c)
a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 28 of the NgāiTakoto Claims Settlement Act 2015; and
(d)
a share vests in the trustees of Te Rūnanga o Te Rarawa under section 48 of the Te Rarawa Claims Settlement Act 2015.
(4)
Beach site C 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 reserve is named Mai i Ngāpae ki Waimoho Scenic Reserve.
(6)
The joint management body established by section 55 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.
(7)
Subsection (6) continues to apply despite any subsequent transfer under section 56.
38 Mai i Waimimiha ki Ngāpae
(1)
Beach site D ceases to be a conservation area under the Conservation Act 1987.
(2)
The fee simple estate in Beach site D vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows:
(a)
a share vests in the trustees under this section; and
(b)
a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 38 of the Te Aupouri Claims Settlement Act 2015; and
(c)
a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 29 of the NgāiTakoto Claims Settlement Act 2015; and
(d)
a share vests in the trustees of Te Rūnanga o Te Rarawa under section 49 of the Te Rarawa Claims Settlement Act 2015.
(3)
Beach site D 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 is named Mai i Waimimiha ki Ngāpae Scenic Reserve.
(5)
The joint management body established by section 55 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.
(6)
Subsection (5) continues to apply despite any subsequent transfer under section 56.
39 Application of Crown forestry licence
(1)
Subsection (2) applies to Beach sites A, B, and C if the property is subject to a Crown forestry licence.
(2)
As long as a Crown forestry licence applies to a Beach site, the provisions of the licence prevail despite—
(a)
the vesting of the Beach site as a scenic reserve subject to the Reserves Act 1977; and
(b)
administration of the site by the joint management body established under section 55.
(3)
Subsection (4) applies to a Beach site if the property is no longer subject to a Crown forestry licence.
(4)
The owners of a Beach site may grant right of way easements over that site to the owners of the Peninsula Block in favour of the Peninsula Block.
(5)
Despite the provisions of the Reserves Act 1977, an easement granted under subsection (4)—
(a)
is enforceable in accordance with its terms; and
(b)
is to be treated as having been granted in accordance with the Reserves Act 1977.
(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 referred to in subsection (4).
Lake and lakebed properties vested in fee simple
40 Bed of Lake Ngākeketo
(1)
The reservation of the bed of Lake Ngākeketo (the recorded name of which is Lake Ngakeketa, being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(2)
The fee simple estate in the bed of Lake Ngākeketo vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
(a)
a share vests in the trustees under this section; and
(b)
a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 41 of the Te Aupouri Claims Settlement Act 2015.
(3)
Subsections (1) and (2) do not take effect until the trustees referred to in subsection (2) have jointly provided the Crown with a registrable covenant in relation to the bed of Lake Ngākeketo on the terms and conditions set out in part 5.11 of the documents schedule.
(4)
The covenant is to be treated as a conservation covenant for the purposes of—
(a)
section 27 of the Conservation Act 1987; and
(b)
section 77 of the Reserves Act 1977.
(5)
The bed of Lake Ngākeketo is not rateable under the Local Government (Rating) Act 2002, except under section 9 of that Act.
(6)
To avoid doubt, the vesting under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to—
(a)
the waters of the lake; or
(b)
the aquatic life of the lake (other than plants attached to the bed of the lake).
(7)
To the extent that the bed of Lake Ngākeketo has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
(8)
In this section, recorded name has the meaning given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
41 Lake Ngākeketo Recreation Reserve
(1)
The Crown stratum above the bed of Lake Ngākeketo continues to be a reserve and continues to be classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
(2)
The reserve is named Lake Ngākeketo Recreation Reserve.
(3)
In this section, Crown stratum means the space occupied by—
(a)
the water of the lake; and
(b)
the air above the water.
42 Waihopo Lake property
(1)
The fee simple estate in the Waihopo Lake property vests as undivided half shares in the specified groups of trustees as tenants in common as follows:
(a)
a share vests in the trustees under this section; and
(b)
a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 42 of the Te Aupouri Claims Settlement Act 2015.
(2)
The Waihopo Lake property is not rateable under the Local Government (Rating) Act 2002, except under section 9 of that Act.
(3)
To the extent that the Waihopo Lake property has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion.
43 Conditions applying to use of Waihopo Lake property
(1)
The vesting of the Waihopo Lake property by section 42(1) does not limit or otherwise affect any lawful right of access to, or use of, Waihopo Lake.
(2)
Members of the public may carry out any lawful recreational activities in or on Waihopo Lake without interference by or on behalf of the trustees.
(3)
In this section, recreational activity—
(a)
includes swimming, boating, waterskiing, fishing, and duck shooting; but
(b)
does not include an activity—
(i)
that is lawful under any enactment or that must be carried out in accordance with an enactment; or
(ii)
for which members of the public are required by or under any enactment to hold a licence or permit authorising the activity, unless the activity is carried out under and in accordance with the necessary licence or permit; or
(iii)
that involves attaching a fixture to the Waihopo Lake property or that carries a risk of significant adverse effect to the lake.
(4)
To avoid doubt, the vesting of the Waihopo Lake property does not give any rights to, or impose any obligations on, the trustees in relation to—
(a)
the waters of Waihopo Lake; or
(b)
the aquatic life of the lake (other than plants attached to the bed of the lake).
General provisions applying to vesting of cultural redress properties
44 Properties vest subject to or together with interests
Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 1.
45 Interests in land for certain reserve properties
(1)
This section applies to each of Beach sites A, B, C, and D while the property has an administering body that is treated as if the property were vested in it.
(2)
This section applies to all or the part of the reserve property that remains a reserve under the Reserves Act 1977 (the reserve land).
(3)
If the reserve property is affected by an interest in land listed for the property in Schedule 1,—
(a)
the registered proprietor of the property is the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is subject to a Crown forestry licence; but
(b)
the interest applies as if the administering body were the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is not subject to a Crown forestry licence.
(4)
For the purposes of registering any interest in land that affects the reserve land,—
(a)
if the reserve land is subject to a Crown forestry licence, the registered proprietor of the property is the grantor, or the grantee, as the case may be, of that interest:
(b)
if the reserve land is not subject to a Crown forestry licence, the interest must be dealt with as if the administering body were the registered proprietor of the reserve land.
(5)
Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 56.
46 Interests that are not interests in land
(1)
This section applies if a cultural redress property is subject to an interest (other than an interest in land) listed for the property in Schedule 1, for which there is a grantor, whether or not the interest also applies to land outside the cultural redress property.
(2)
The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.
(3)
The interest applies—
(a)
until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and
(b)
with any other necessary modifications; and
(c)
despite any change in status of the land in the property.
47 Vesting of share of fee simple estate in property
In sections 48 to 51, a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vesting of an undivided share of the fee simple estate in the property.
48 Registration of ownership
(1)
This section applies to a cultural redress property vested in the trustees under this subpart.
(2)
Subsection (3) applies to a cultural redress property (other than a jointly vested property or Kapowairua), but only to the extent that the property is all of the land contained in a computer freehold register.
(3)
The Registrar-General must, on written application by an authorised person,—
(a)
register the trustees as the proprietors of the fee simple estate in the property; and
(b)
record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 8 of the deed of settlement.
(4)
Subsection (5) applies to a cultural redress property (other than a jointly vested property or Kapowairua), but only to the extent that subsection (2) does not apply to the property.
(5)
The Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create a computer freehold register for the fee simple estate in the property in the name of the trustees; and
(b)
record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
(6)
Subsection (7) applies to Kapowairua.
(7)
The Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create 2 computer freehold registers for the fee simple estate in the property in the names of the trustees; and
(b)
enter on the relevant computer freehold registers any interests that are registered, notified, or notifiable and that are described in the application.
(8)
For a jointly vested property, the Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create a computer freehold register for an equal undivided share of the fee simple estate in the property in the names of the trustees; and
(b)
record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the applications.
(9)
Subsections (5) to (8) are subject to the completion of any survey necessary to create a computer freehold register.
(10)
A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than—
(a)
24 months after the settlement date; or
(b)
any later date that may be agreed in writing,—
(i)
in the case of a property that is not jointly vested, by the Crown and the trustees; or
(ii)
in the case of a jointly vested property, by the Crown, the trustees, and the trustees of any other Te Hiku o Te Ika iwi governance entity in whom the property is jointly vested.
(11)
In this section, authorised person means a person authorised by—
(a)
the chief executive of LINZ, for the Waihopo Lake property:
(b)
the Secretary for Education, for Te Hāpua School site B:
(c)
the Secretary for Justice, for the following properties:
(i)
Murimotu Island:
(ii)
Te Rerenga Wairua:
(iii)
Mai i Waikanae ki Waikoropūpūnoa:
(iv)
Mai i Hukatere ki Waimahuru:
(v)
Mai i Ngāpae ki Waimoho:
(d)
the Director-General, for all other cultural redress properties.
49 Application of Part 4A of Conservation Act 1987
(1)
The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart 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.
(2)
Section 24 of the Conservation Act 1987 does not apply to the vesting of a reserve property.
(3)
Part 4A of the Conservation Act 1987 does not apply to the vesting of—
(a)
bed of Lake Ngākeketo; or
(b)
Waihopo Lake property.
(4)
If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.
(5)
Subsections (2) and (4) do not limit subsection (1).
50 Matters to be recorded on computer freehold register
(1)
The Registrar-General must record on the computer freehold register,—
(a)
for a reserve property (other than a jointly vested property),—
(i)
that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and
(ii)
that the land is subject to sections 49(4) and 56; and
(b)
for a jointly vested reserve property to which section 48(7) applies,—
(i)
that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and
(ii)
that the land is subject to sections 45(4), 49(4), and 56; and
(c)
for each of the following properties, that Part 4A of the Conservation Act 1987 does not apply to:
(i)
bed of Lake Ngākeketo; and
(ii)
Waihopo Lake property; and
(d)
for 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)
For a reserve property (other than a jointly vested property), if the reservation of the property under this subpart is revoked for—
(a)
all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that—
(i)
section 24 of the Conservation Act 1987 does not apply to the property; and
(ii)
the property is subject to sections 49(4) and 56; or
(b)
part of the property, 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 property that remains a reserve.
(4)
For a jointly vested reserve property, if the reservation of the property under this subpart is revoked for—
(a)
all of the property, the Director-General must apply in writing to the Registrar-General to remove from any computer freehold register created under section 48 for the property the notifications that—
(i)
section 24 of the Conservation Act 1987 does not apply to the property; and
(ii)
the property is subject to sections 45(4), 49(4), and 56; or
(b)
part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on any computer freehold register, created under section 48 or derived from a computer freehold register created under that section, for the part of the property that remains a reserve.
(5)
The Registrar-General must comply with applications received in accordance with subsection (3)(a) or (4)(a), as relevant.
51 Application of other enactments
(1)
The vesting of the fee simple estate in a cultural redress property under this subpart does not—
(a)
limit section 10 or 11 of the Crown Minerals Act 1991; or
(b)
affect other rights to subsurface minerals.
(2)
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.
(3)
Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of a cultural redress property.
(4)
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 subpart; or
(b)
any matter incidental to, or required for the purpose of, the vesting.
52 Minister of Conservation may grant easements
(1)
The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a cultural redress property.
(2)
Any such easement 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.
53 Names of Crown protected areas discontinued
(1)
Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area.
(2)
The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.
(3)
In this section, Board, Crown protected area, Gazetteer, and official geographic name have the meanings given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
Further provisions applying to reserve properties
54 Application of other enactments to reserve properties
(1)
The trustees are the administering body of a reserve property, except as provided for in sections 35 to 38.
(2)
Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve property.
(3)
If the reservation of a reserve property under this subpart is revoked under section 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25 of that Act.
(4)
A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, despite anything in that Act.
(5)
A reserve property must not have a name assigned to it or have its name changed under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property, and section 16(10A) of that Act does not apply to the proposed name.
55 Joint management body for Beach sites A, B, C, and D
(1)
A joint management body is established for Beach sites A, B, C, and D.
(2)
The following are appointers for the purposes of this section:
(a)
the trustees; and
(b)
the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
(c)
the trustees of Te Rūnanga o NgāiTakoto; and
(d)
the trustees of Te Rūnanga o Te Rarawa.
(3)
Each appointer may appoint 2 members to the joint management body.
(4)
A member is appointed only if the appointer gives written notice with the following details to the other appointers:
(a)
the full name, address, and other contact details of the member; and
(b)
the date on which the appointment takes effect, which must be no earlier than the date of the notice.
(5)
An appointment ends after 5 years or when the appointer replaces the member by making another appointment.
(6)
A member may be appointed, reappointed, or discharged at the discretion of the appointer.
(7)
Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board appointed under section 30 of that Act.
(8)
However, the first meeting of the body must be held not later than 2 months after the settlement date.
(9)
Section 41 of the Reserves Act 1977 (which requires the preparation and approval of a management plan) does not apply to the joint management body in respect of Beach sites A, B, C, and D.
(10)
A failure of an appointer to comply with subsection (4) does not invalidate the establishment of the joint management body or its actions or decisions.
56 Subsequent transfer of reserve land
(1)
This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977 after the property has vested in the trustees under this subpart.
(2)
The fee simple estate in the reserve land in a jointly vested property may be transferred only in accordance with section 58.
(3)
The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 57 or 58.
(4)
In this section and sections 57 to 59, reserve land means the land that remains a reserve as described in subsection (1).
57 Transfer of reserve land to new administering body
(1)
The registered proprietors of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners).
(2)
The Minister of Conservation must give written consent to the transfer if the registered proprietors 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.
(3)
The Registrar-General must, on receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.
(4)
The required 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 those for which 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 the registration of the transfer instrument.
(5)
The new owners, from the time of their registration under this section,—
(a)
are the administering body of the reserve land; and
(b)
hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.
(6)
A transfer that complies with this section need not comply with any other requirements.
58 Transfer of reserve land to trustees of existing administering body if trustees change
The registered proprietors of the reserve land may transfer the fee simple estate in the 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.
59 Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
60 Saving of bylaws, etc, in relation to reserve properties
(1)
This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 or the Reserves Act 1977 in relation to a reserve property before the property was vested in the trustees under this subpart.
(2)
The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 or the Reserves Act 1977.
Subpart 2—Te Oneroa-a-Tohe redress
Interpretation
61 Interpretation
In this subpart and Schedule 2,—
accredited, in relation to commissioners, has the meaning given in section 2(1) of the Resource Management Act 1991
appointers means the governance entities, Councils, and the Te Hiku Community Board that appoint members of the Te Oneroa-a-Tohe Board under section 65(1) or (2)(c) and (d), as the case may require
beach management agencies means the Environmental Protection Authority and the Ministry of Business, Innovation, and Employment
beach management plan means the plan required by section 73
Beach sites A, B, C, and D means the properties listed in paragraphs (l) to (o) of the definition of cultural redress property in section 22
Central and South Conservation Areas and Ninety Mile Beach marginal strip means the areas marked in blue and green on the plan in part 6 of the attachments
commissioners means accredited persons appointed to a panel under section 70
Community Board means the Te Hiku Community Board established on 24 March 2010 by a determination of the Local Government Commission under section 19R of the Local Electoral Act 2001 pursuant to a resolution of the Far North District Council on 25 June 2009 under sections 19H and 19J of that Act
Council means either the Northland Regional Council or the Far North District Council, as the case may require
Councils means both the Northland Regional Council and the Far North District Council
iwi appointer—
(a)
means a governance entity referred to in section 65(1)(a) to (d); and
(b)
if section 65(2) applies, includes the Ngāti Kahu governance entity or the mandated representatives of Ngāti Kahu
local government legislation means—
(a)
(b)
the Local Government Act 2002; and
(c)
the Local Government Act 1974; and
marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
panel means a panel of not fewer than 2 commissioners appointed under section 70 for the purpose of hearing and determining an application for a resource consent that relates to the whole or a part of the Te Oneroa-a-Tohe management area
RMA planning document, to the extent that a document applies to the Te Oneroa-a-Tohe management area,—
(a)
means a regional policy statement, regional plan, or district plan within the meanings given in section 43AA of the Resource Management Act 1991; and
(b)
includes a proposed plan within the meaning of section 43AAC of that Act
Te Oneroa-a-Tohe Board and Board mean the Te Oneroa-a-Tohe Board established by section 63(1)
Te Oneroa-a-Tohe management area means the area shown on the plan in part 5 of the attachments, and includes—
(a)
the marine and coastal area; and
(b)
Beach sites A, B, C, and D vested under subpart 1; and
(c)
the Central and South Conservation Areas and Ninety Mile Beach marginal strip (to the extent that section 62 does not apply); and
(d)
any other area adjacent to, or that is within the vicinity of, the areas identified in paragraphs (a) and (b), with the agreement of—
(i)
the Board; and
(ii)
the owner or administrator of the land
Te Oneroa-a-Tohe redress means the redress provided by or under this subpart and part 5 of the deed of settlement.
Removal of conservation area status
62 Status of Central and South Conservation Areas and Ninety Mile Beach marginal strip
Any part of the Central and South Conservation Areas and Ninety Mile Beach marginal strip that is situated below the mark of mean high-water springs—
(a)
ceases to be a conservation area under the Conservation Act 1987; and
(b)
is part of the common marine and coastal area.
Establishment, status, purpose, and membership of Board
63 Establishment and status of Board
(1)
The Te Oneroa-a-Tohe Board is established as a statutory body.
(2)
Despite Schedule 7 of the Local Government Act 2002, the Board—
(a)
is a permanent committee; and
(b)
must not be discharged without the agreement of all the appointers.
(3)
Despite the membership of the Board provided for by section 65, the Board is a joint committee of the Councils for the purposes of clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.
(4)
Each member of the Board must—
(a)
act in a manner that will achieve the purpose of the Board; and
(b)
without limiting paragraph (a), comply with the terms of appointment issued by the relevant appointer.
(5)
Part 1 of Schedule 2 sets out provisions relating to the members and procedures of the Board.
64 Purpose of Board
The purpose of the Board is to provide governance and direction to all those who have a role in, or responsibility for, the Te Oneroa-a-Tohe management area, in order to protect and enhance environmental, economic, social, cultural, and spiritual well-being within that area for the benefit of present and future generations.
65 Appointment of members of Board
(1)
The Board consists of 8 members appointed as follows:
(a)
1 member appointed by the trustees:
(b)
1 member appointed by the trustees of the Te Rūnanga Nui o Te Aupouri Trust:
(c)
1 member appointed by the trustees of Te Rūnanga o NgāiTakoto:
(d)
1 member appointed by the trustees of Te Rūnanga o Te Rarawa:
(e)
2 members appointed by the Northland Regional Council, being councillors holding office:
(f)
2 members appointed by the Far North District Council, being the mayor and a councillor holding office.
(2)
If the Minister gives notice under section 66(4) that Ngāti Kahu will participate in the Te Oneroa-a-Tohe redress on an interim basis, the Board consists of 10 members, appointed as follows:
(a)
4 members appointed by the iwi appointers referred to in subsection (1)(a) to (d); and
(b)
1 member appointed by the mandated representatives of Ngāti Kahu (or its governance entity if there is one); and
(c)
4 members appointed as provided for in subsection (1)(e) and (f); and
(d)
1 member appointed by the Community Board (but who may not necessarily be a member of the Community Board).
(3)
An iwi appointer must be satisfied, before making an appointment, that the person appointed has the mana, skills, knowledge, and experience to—
(a)
participate effectively in carrying out the functions of the Board; and
(b)
contribute to achieving the purpose of the Board.
(4)
The Councils (and, if relevant, the Community Board) must be satisfied, before making an appointment, that each person they appoint has the skills, knowledge, and experience to—
(a)
participate effectively in carrying out the functions of the Board; and
(b)
contribute to achieving the purpose of the Board.
(5)
If the person appointed by the Community Board is not an elected member of that board, the person must have sufficient standing in the community to enable that person to meet the requirements of subsection (4).
(6)
Appointers must, when making any appointments after the initial appointments, have regard to the skills, knowledge, and experience of the existing members to ensure that collectively the membership of the Board reflects a balanced mix of the skills, knowledge, and experience relevant to the purpose of the Board.
(7)
Members of the Board, other than those appointed by a Council, are not also members of a Council by virtue of their membership of the Board.
66 Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress
(1)
On the settlement date, the Minister must give written notice to the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one), inviting Ngāti Kahu to participate in Te Oneroa-a-Tohe redress under this subpart on an interim basis.
(2)
The notice must specify the conditions—
(a)
that must be satisfied before Ngāti Kahu may participate in Te Oneroa-a-Tohe redress on an interim basis, including a condition that a person may represent Ngāti Kahu on the Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
(b)
that must apply to the continuing participation of Ngāti Kahu, including a condition that the person referred to in paragraph (a) must continue to be approved as the appointee for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one).
(3)
The mandated representatives of Ngāti Kahu (or their governance entity if there is one) must, within 30 working days of receiving notice under subsection (1), give written notice to the Minister as to whether Ngāti Kahu elects to participate in the Te Oneroa-a-Tohe redress on an interim basis.
(4)
If the Minister is satisfied that Ngāti Kahu meets the conditions specified under subsection (2), the Minister must give written notice, stating the date on and from which Ngāti Kahu will participate in the Te Oneroa-a-Tohe redress on an interim basis, to—
(a)
the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
(b)
each of the iwi appointers referred to in section 65(1)(a) to (d).
(5)
If Ngāti Kahu breach the specified conditions, the Minister may give notice in writing to revoke the interim participation of Ngāti Kahu, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)—
(a)
reasonable notice of the breach; and
(b)
a reasonable opportunity to remedy the breach.
(6)
The interim participation of Ngāti Kahu ceases on the settlement date specified in the settlement legislation for Ngāti Kahu.
(7)
In this section, Minister means the Minister for Treaty of Waitangi Negotiations.
Functions and powers of Board
67 Functions and powers of Board
(1)
The primary function of the Board is to achieve the purpose of the Board.
(2)
In achieving the purpose of the Board, the Board must operate in a manner that—
(a)
is consistent with tikanga Māori; and
(b)
acknowledges the authority and responsibilities of the Councils and of Te Hiku o Te Ika iwi respectively; and
(c)
acknowledges the shared aspirations of Te Hiku o Te Ika iwi and the Councils, as reflected in the shared principles.
(3)
In addition to the primary function of the Board, its other functions are—
(a)
to prepare and approve a beach management plan that identifies the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and
(b)
in respect of the health and well-being of the Te Oneroa-a-Tohe management area, to engage with, seek the advice of, and provide advice to—
(i)
Te Hiku o Te Ika iwi; and
(ii)
the Councils; and
(iii)
any relevant beach management agencies; and
(c)
to monitor activities in, and the state of, the Te Oneroa-a-Tohe management area; and
(d)
to monitor the extent to which the Board is achieving its purpose, and the implementation and effectiveness of the beach management plan; and
(e)
to display leadership and undertake advocacy, including liaising with the community, in order to promote recognition of the unique significance of Te Oneroa-a-Tohe me Te Ara Wairua, the spiritual pathway to Hawaiiki between the living and the dead; and
(f)
to appoint commissioners to panels for the purpose of hearing and determining resource consent applications that relate, in whole or in part, to the Te Oneroa-a-Tohe management area; and
(g)
to engage and work collaboratively with the joint management body established under section 55 for Beach sites A, B, C, and D; and
(h)
to take any other action that the Board considers is appropriate for achieving the purpose of the Board.
(4)
The Board may determine, in any particular circumstance,—
(a)
whether to perform the functions identified in subsection (3)(b) to (h); and
(b)
how, and to what extent, to perform any of those functions.
(5)
The Board has the powers reasonably necessary to carry out its functions in a manner that is consistent with—
(a)
this subpart; and
(b)
subject to paragraph (a), the relevant provisions in the local government legislation.
68 Power of Board to make requests to beach management agencies
(1)
The Board may make a reasonable request in writing to a relevant beach management agency for the provision of—
(a)
information or advice to the Board on matters relevant to the Board’s functions; and
(b)
a representative of the agency to attend a meeting of the Board.
(2)
The Board must—
(a)
give notice to a beach management agency under subsection (1)(b) not less than 10 working days before the meeting; and
(b)
provide an agenda for the meeting with the request.
(3)
If it is reasonably practicable to do so, a beach management agency that receives a request from the Board must—
(a)
provide the information or advice; and
(b)
comply with a request made under subsection (1)(b) by appointing a person whom it considers appropriate to attend at least 4 meetings in a calendar year (although the person may attend more than 4 meetings).
(4)
In addition, the Board may request any other person or entity to—
(a)
provide specified information to the Board:
(b)
attend a meeting of the Board.
Resource consent applications
69 Criteria for appointment of commissioners
(1)
Te Hiku o Te Ika iwi and the Councils must—
(a)
develop criteria to guide the Board in appointing commissioners to hear and determine applications lodged under the Resource Management Act 1991 for resource consents that, if granted, would in whole or in part relate to the Te Oneroa-a-Tohe management area; and
(b)
in accordance with those criteria, compile a list of accredited persons approved to be commissioners to hear and determine resource consent applications relating, in whole or in part, to the Te Oneroa-a-Tohe management area.
(2)
The duties under subsection (1) must be completed not later than the settlement date.
(3)
The Board must keep the list of commissioners under review and up to date.
70 Procedure for appointing hearing panel
(1)
If a Council intends to appoint a panel to hear and determine a resource consent application that relates to the Te Oneroa-a-Tohe management area, the Council concerned must give notice in writing to the Board of that intention.
(2)
Not later than 15 working days after the notice is received, the members of the Board appointed by the iwi appointers under section 65 or 66 must appoint up to half of the members of the panel from the list of commissioners compiled under section 69(1)(b).
(3)
The members of the Board appointed by the Council to which the resource consent application is made must appoint—
(a)
up to half of the members of the panel from the list of commissioners compiled under section 69(1)(b); and
(b)
1 of the commissioners appointed to the panel to be the chairperson of the panel.
(4)
The Board may, by notice in writing to the Council concerned, waive its rights to make appointments under subsection (2) or (3).
(5)
If the members of the Board appointed by the iwi appointers have not appointed commissioners as required by subsection (2), the Council concerned must, from the same list of commissioners, appoint commissioners who would otherwise have been appointed under subsection (2).
71 Obligation of Councils
Each Council must provide to the Board copies or summaries of resource consent applications that each receives and that relate—
(a)
wholly or in part to the Te Oneroa-a-Tohe management area; or
(b)
to an area that is adjacent to or directly affects the Te Oneroa-a-Tohe management area.
72 Obligation of Board
The Board must provide guidelines to the Councils as to the information that is required under section 71, including—
(a)
whether the Board requires copies or summaries of resource consent applications, and when those copies or summaries are required; and
(b)
whether there are certain types of applications that the Board does not require.
Beach management plan
73 Preparation and approval of beach management plan
(1)
The Board must prepare and approve a beach management plan as required by section 67(3)(a) in accordance with the requirements set out in Part 2 of Schedule 2.
(2)
However, a subcommittee of the Board must prepare and approve the part of the beach management plan that relates to Beach sites A, B, C, and D.
(3)
The members of the Board appointed by the iwi appointers and referred to in section 65(1)(a) to (d) are the members of the subcommittee.
74 Purpose and contents of beach management plan
(1)
The purpose of the beach management plan is to—
(a)
identify the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and
(b)
provide direction to persons authorised to make decisions in relation to the Te Oneroa-a-Tohe management area; and
(c)
express the Board’s aspirations for the care and management of the Te Oneroa-a-Tohe management area, in particular, in relation to the following matters (priority matters):
(i)
protecting and preserving the Te Oneroa-a-Tohe management area from inappropriate use and development and ensuring that the resources of the Te Oneroa-a-Tohe management area are preserved and enhanced for present and future generations; and
(ii)
recognising the importance of the resources of the Te Oneroa-a-Tohe management area for Te Hiku o Te Ika iwi and ensuring the continuing access of Te Hiku o Te Ika iwi to their mahinga kai; and
(iii)
recognising and providing for the spiritual, cultural, and historical relationship of Te Hiku o Te Ika iwi with the Te Oneroa-a-Tohe management area.
(2)
The part of the beach management plan that relates to Beach sites A, B, C, and D—
(a)
must provide for the matters set out in section 41(3) of the Reserves Act 1977; and
(b)
is deemed to be a management plan for the purposes of that provision.
(3)
The beach management plan may include any other matters that the Board considers relevant to the purposes of the beach management plan.
Effect of beach management plan on specified planning documents
75 Effect of beach management plan on RMA planning documents
(1)
Each time a Council prepares, reviews, varies, or changes an RMA planning document relating to the whole or a part of the Te Oneroa-a-Tohe management area, the Council must recognise and provide for the vision, objectives, and desired outcomes identified in the beach management plan under section 74(1)(a).
(2)
When a Council is determining an application for a resource consent that relates to the Te Oneroa-a-Tohe management area, the Council must have regard to the beach management plan until the obligation under subsection (1) is complied with.
(3)
The obligations under this section apply only to the extent that—
(a)
the contents of the beach management plan relate to the resource management issues of the district or region; and
(b)
those obligations are able to be carried out consistently with the purpose of the Resource Management Act 1991.
(4)
This section does not limit the provisions of Part 5 and Schedule 1 of the Resource Management Act 1991.
76 Effect of beach management plan on conservation documents
(1)
Each time a conservation management strategy relating to the whole or a part of the Te Oneroa-a-Tohe management area is prepared under subpart 3, the Director-General and Te Hiku o Te Ika iwi must have particular regard to the vision, objectives, and desired outcomes identified in the beach management plan under section 74(1)(a).
(2)
The person or body responsible for preparing, approving, reviewing, or amending a conservation management plan under Part 3A of the Conservation Act 1987 must have particular regard to the vision, objectives, and desired outcomes identified in the beach management plan until the obligation under subsection (1) is complied with.
(3)
The obligations under this section apply only to the extent that—
(a)
the vision, objectives, and desired outcomes identified in the beach management plan relate to the conservation issues of the Te Oneroa-a-Tohe management area; and
(b)
those obligations are able to be carried out consistently with the purpose of the Conservation Act 1987.
(4)
This section does not limit the provisions of Part 3A of the Conservation Act 1987.
77 Effect of beach management plan on local government decision making
The Councils must take the beach management plan into account when making decisions under the Local Government Act 2002, to the extent that the beach management plan is relevant to the local government issues in the Te Oneroa-a-Tohe management area.
Application of other Acts
78 Application of other Acts to Board
(1)
To the extent that they are relevant to the purpose and functions of the Board under this Act, the provisions of the following Acts apply to the Board, with the necessary modifications, unless otherwise provided in this subpart or Schedule 2:
(a)
(b)
the Local Government Act 1974; and
(c)
the Local Government Act 2002; and
(2)
Clause 31(1) of Schedule 7 of the Local Government Act 2002 applies only to the members of the Board appointed by the Councils.
(3)
Clauses 23(3)(b), 24, 26(3) and (4), 27, 30(2), (3), (5), and (7), and 31(2) and (6) of Schedule 7 of the Local Government Act 2002 do not apply to the Board.
(4)
Clauses 19, 20, and 22 of Schedule 7 of the Local Government Act 2002 apply to the Board subject to—
(a)
the references to a local authority being read as references to the Board; and
(b)
the reference in clause 19(5) to the chief executive being read as a reference to the chairperson of the Board.
(5)
To the extent that the rest of Schedule 7 of the Local Government Act 2002 is applicable, it applies to the Board subject to all references to—
(a)
a local authority being read as references to the Board; and
(b)
a member of a committee of a local authority being read as references to the persons appointed by the persons or bodies specified in section 65.
Subpart 3—Korowai
79 Interpretation
In this subpart and Schedule 3,—
Conservation Authority and Authority mean the New Zealand Conservation Authority established under section 6A of the Conservation Act 1987
conservation land means land administered by the Department of Conservation under the conservation legislation
conservation legislation means the Conservation Act 1987 and the Acts specified in Schedule 1 of that Act
conservation protected area means, for the purposes of the customary materials plan for customary taking, an area above the line of mean high-water springs that is—
(a)
a conservation area under the Conservation Act 1987; or
(b)
a reserve administered by the Department of Conservation under the Reserves Act 1977; or
(c)
a wildlife refuge, wildlife sanctuary, or wildlife management reserve under the Wildlife Act 1953
contact person means the person nominated for the purpose under clause 6.149 of the deed of settlement
customary materials plan means the plan provided for by section 105 and Part 3 of Schedule 3
customary taking means the taking and use of parts of plants for customary purposes
dead protected animal—
(a)
means the dead body or part of the dead body of an animal protected under the conservation legislation; but
(b)
does not include the body or part of the body of a dead marine mammal
draft document means the draft Te Hiku o Te Ika conservation management strategy (CMS) required by section 88
korowai area—
(a)
means the land administered by the Department of Conservation, as shown on the plan included as Appendix 3 to part 6 of the deed of settlement; and
(b)
includes—
(i)
any additional land, if its inclusion is agreed by the Crown, Te Hiku o Te Ika iwi, and any other relevant neighbouring iwi; and
(ii)
if the conservation legislation applies to land or resources not within the area specified in paragraph (a) or this paragraph, that land and those resources, but only for the purposes of the korowai; and
(iii)
the common marine and coastal area adjacent to the land referred to in paragraph (a) or this paragraph, but only for the purposes of the korowai
Minister means the Minister of Conservation
Ngāti Kahu area of interest means (other than in section 84) the area that Ngāti Kahu identify as their area of interest in any deed entered into by the Crown and representatives of Ngāti Kahu to settle the historical claims of Ngāti Kahu
nominator—
(a)
means an entity with responsibility for nominating a member of the Conservation Board under section 83(1)(a); and
(b)
if section 83(2) applies, includes the member appointed under paragraph (b) of that provision
Northland CMS means the conservation management strategy, consisting of—
(a)
the Te Hiku CMS described in section 85(a); and
(b)
the CMS described in section 85(b)
parties means—
(a)
Te Hiku o Te Ika iwi acting collectively through their representatives; and
(b)
the Director-General
plant has the meaning given in section 2(1) of the Conservation Act 1987
plant material means parts of plants taken in accordance with the customary materials plan
relationship agreement means the agreement entered into under clauses 6.130 and 6.131 of the deed of settlement
representatives, in relation to Te Hiku o Te Ika iwi, means the representatives appointed in accordance with clause 6.148 of the deed of settlement to act collectively in relation to—
(a)
the Te Hiku CMS; and
(b)
the customary materials plan; and
(c)
the relationship agreement
Te Hiku o Te Ika Conservation Board and Conservation Board mean the board of that name established by section 81
Te Hiku o Te Ika conservation management strategy and Te Hiku CMS mean the part of the Northland CMS to the extent that it applies to the korowai area
Te Rerenga Wairua Reserve means the area shown in Appendix 4 to part 6 of the deed of settlement
wāhi tapu framework means the framework provided for by section 106
wāhi tapu management plan means the management plan provided for in Part 4 of Schedule 3.
Overview of, and background to, korowai redress
80 Overview and background
(1)
The provisions of this subpart, Schedule 3, and part 6 of the deed of settlement provide the framework for the korowai redress, consisting of the following elements:
(a)
the Te Hiku o Te Ika Conservation Board; and
(b)
the Te Hiku o Te Ika conservation management strategy; and
(c)
a customary materials plan, wāhi tapu framework, and relationship agreement.
(2)
Ngāti Kuri, Te Aupouri, NgāiTakoto, Te Rarawa, and the Crown are committed under the korowai to establishing, maintaining, and strengthening their positive, co-operative, and enduring relationships, guided by the following principles:
Relationship principles
(a)
giving effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi:
(b)
respecting the autonomy of each party and its individual mandate, role, and responsibility:
(c)
actively working together using shared knowledge and expertise:
(d)
co-operating in partnership in a spirit of good faith, integrity, honesty, transparency, and accountability:
(e)
engaging early on issues of known interest to any of the parties:
(f)
enabling and supporting the use of te reo Māori and tikanga Māori:
(g)
acknowledging that the parties’ relationship is evolving:
Conservation principles
(h)
promoting and supporting conservation values:
(i)
ensuring public access to conservation land:
(j)
acknowledging the Kaupapa Tuku Iho (inherited values):
(k)
supporting a conservation ethos by—
(i)
integrating an indigenous perspective; and
(ii)
enhancing a national identity:
(l)
recognising and acknowledging the role and value of the cultural practices of local hapū in conservation management:
(m)
recognising the full range of public interests in conservation land and taonga.
Te Hiku o Te Ika Conservation Board established
81 Establishment of Te Hiku o Te Ika Conservation Board
(1)
Te Hiku o Te Ika Conservation Board is established and is to be treated as established under section 6L(1) of the Conservation Act 1987.
(2)
On and from the settlement date, the Conservation Board established by this section—
(a)
is a Conservation Board under the Conservation Act 1987 with jurisdiction in the korowai area; and
(b)
must carry out, in the korowai area, the functions specified in section 6M of that Act; and
(c)
has the powers conferred by section 6N of that Act.
(3)
In this subpart, the Conservation Act 1987 applies to the Conservation Board unless, and to the extent that, clause 2 of Schedule 3 provides otherwise.
82 Role and jurisdiction of Northland Conservation Board to cease
On and from the settlement date, the Northland Conservation Board set up under Part 2A of the Conservation Act 1987 ceases to have jurisdiction within or over the korowai area.
Constitution of Te Hiku o Te Ika Conservation Board
83 Appointment of members of Te Hiku o Te Ika Conservation Board
(1)
The Te Hiku o Te Ika Conservation Board consists of—
(a)
4 members appointed by the Minister of Conservation as follows:
(i)
1 member, on the nomination of the trustees; and
(ii)
1 member, on the nomination of the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
(iii)
1 member, on the nomination of the trustees of Te Rūnanga o NgāiTakoto; and
(iv)
1 member, on the nomination of the trustees of Te Rūnanga o Te Rarawa; and
(b)
4 members appointed by the Minister.
(2)
If the Ministers give notice under section 84(3) that Ngāti Kahu will participate in the korowai redress on an interim basis, as provided for by section 84, the Conservation Board consists of 10 members, appointed as follows:
(a)
4 members appointed by the Minister on the nomination of the nominators referred to in subsection (1)(a); and
(b)
1 member appointed by the Minister on the nomination of the mandated representatives of Ngāti Kahu (or if there is one, the Ngāti Kahu governance entity); and
(c)
5 members appointed by the Minister.
(3)
Further provisions concerning the Conservation Board are set out in Part 1 of Schedule 3.
84 Interim participation of Ngāti Kahu on Conservation Board
(1)
On the settlement date, the Minister for Treaty of Waitangi Negotiations and the Minister of Conservation (the Ministers) must give written notice to the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one) inviting Ngāti Kahu to participate on the Conservation Board under this subpart on an interim basis.
(2)
The notice must specify the conditions—
(a)
that must be satisfied before Ngāti Kahu may participate on the Conservation Board on an interim basis, including conditions that—
(i)
a person may represent Ngāti Kahu on the Conservation Board only if that person is appointed for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
(ii)
the person appointed to the Conservation Board to represent Ngāti Kahu must agree to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest; and
(b)
that must apply to the continuing participation of Ngāti Kahu, including conditions that—
(i)
a person may represent Ngāti Kahu on the Conservation Board only if that person continues to be approved as the appointee for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
(ii)
the person appointed to the Conservation Board to represent Ngāti Kahu must continue to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest.
(3)
If the Ministers are satisfied that Ngāti Kahu have met the specified conditions, they must give written notice, stating the date on and from which Ngāti Kahu will participate on the Conservation Board on an interim basis to—
(a)
the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and
(b)
each of the nominators referred to in section 83(1)(a).
(4)
If Ngāti Kahu breach the specified conditions, the Ministers may give notice in writing to revoke the interim participation of Ngāti Kahu on the Conservation Board, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)—
(a)
reasonable notice of the breach; and
(b)
a reasonable opportunity to remedy the breach.
(5)
The interim participation of Ngāti Kahu on the Conservation Board ceases on the settlement date specified in the settlement legislation for Ngāti Kahu.
(6)
In this section, Ngāti Kahu area of interest means the area described in—
(a)
the Ngāti Kahu Agreement in Principle dated 17 September 2008; and
(b)
the Te Hiku Agreement in Principle dated 16 January 2010.
Conservation management strategy
85 Northland CMS
The Northland CMS consists of—
(a)
one part, to be known as the Te Hiku CMS,—
(i)
prepared in accordance with this subpart; and
(ii)
applying to the korowai area in accordance with section 95; and
(b)
one part—
(i)
prepared by the Northland Conservation Board under the Conservation Act 1987 and approved by the New Zealand Conservation Authority; and
(ii)
applying in any part of Northland where the Te Hiku CMS does not apply.
86 Status, effect, and certain contents of Te Hiku CMS
(1)
The Te Hiku CMS—
(a)
is a conservation management strategy for the purposes of section 17D of the Conservation Act 1987; and
(b)
has the same effect as if it were a conservation management strategy prepared and approved under that Act.
(2)
Sections 17E(8), 17F, 17H, and 17I of the Conservation Act 1987 do not apply to the preparation, approval, review, or amendment of the Te Hiku CMS, but in all other respects the provisions of the Conservation Act 1987 apply to the Te Hiku CMS.
(3)
The Te Hiku CMS must—
(a)
refer to the wāhi tapu framework required by section 106; and
(b)
reflect the relationship between Te Hiku o Te Ika iwi and the wāhi tapu described in the framework; and
(c)
reflect the importance of those wāhi tapu being protected; and
(d)
acknowledge the role of the wāhi tapu management plan.
Preparation of draft Te Hiku CMS
87 Preliminary agreement
(1)
Before the parties commence preparation of a draft Te Hiku CMS, they must develop a plan.
(2)
The plan must set out—
(a)
the principal matters to be included in the draft document; and
(b)
the manner in which those matters are to be dealt with; and
(c)
the practical steps that the parties will take to prepare and seek approval for the draft document.
88 Draft document to be prepared
(1)
Not later than 12 months after the settlement date, the parties must commence preparation of a draft document in consultation with—
(a)
the Conservation Board; and
(b)
any other persons or organisations that the parties agree are appropriate.
(2)
The parties may agree a later date to commence preparation of the draft document.
(3)
In addition to the matters prescribed for a conservation management strategy by section 17D of the Conservation Act 1987, the draft document must include the matters prescribed by section 86(3).
89 Notification of draft document
(1)
As soon as practicable after the date on which preparation of the draft document commences under section 88, but not later than 12 months after that date, the Director-General must—
(a)
notify the draft document in accordance with section 49(1) of the Conservation Act 1987 as if the Director-General were the Minister for the purposes of that section; and
(b)
give notice of the draft document to the relevant local authorities.
(2)
The notice must—
(a)
state that the draft document is available for inspection at the places and times specified in the notice; and
(b)
invite submissions from the public, to be lodged with the Director-General before the date specified in the notice, which must be not less than 40 working days after the date of the notice.
(3)
The draft document must continue to be available for public inspection after the date it is notified, at the places and times specified in the notice, to encourage public participation in the development of the draft document.
(4)
The parties may, after consulting the Conservation Board, seek views on the draft document from any person or organisation that they consider to be appropriate.
90 Submissions
(1)
Any person may, before the date specified in the notice given under section 89(2)(b), lodge a submission on the draft document with the Director-General, stating whether the submitter wishes to be heard in support of the submission.
(2)
The Director-General must provide a copy of any submission to Te Hiku o Te Ika iwi within 5 working days of receiving the submission.
91 Hearing
(1)
Persons wishing to be heard must be given a reasonable opportunity to appear before a meeting of representatives of—
(a)
Te Hiku o Te Ika iwi; and
(b)
the Director-General; and
(c)
the Conservation Board.
(2)
The representatives referred to in subsection (1) may hear any other person or organisation whose views on the draft document were sought under section 89(4).
(3)
The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 89(2)(b).
(4)
After the conclusion of the hearing, Te Hiku o Te Ika iwi and the Director-General must jointly prepare a summary of the submissions on the draft document and any other views on it made known to them under section 89(4).
92 Revision of draft document
The parties must, after considering the submissions heard and other views received under section 89(4),—
(a)
revise the draft document as they consider appropriate; and
(b)
not later than 6 months after all submissions have been heard, provide to the Conservation Board—
(i)
the draft document as revised; and
(ii)
the summary of submissions prepared under section 91(4).
Approval process
93 Submission of draft document to Conservation Authority
(1)
After considering the draft document and the summary of submissions provided under section 92, the Conservation Board—
(a)
may request the parties to further revise the draft document; and
(b)
must submit the draft document to the Conservation Authority for its approval, together with—
(i)
a written statement of any matters on which the parties and the Conservation Board are not able to agree; and
(ii)
a copy of the summary of the submissions.
(2)
The Conservation Board must provide the draft document to the Conservation Authority not later than 6 months after the draft document was provided to the Conservation Board, unless the Minister directs a later date.
94 Approval of Te Hiku CMS
(1)
The Conservation Authority—
(a)
must consider the draft document and any relevant information provided to it under section 93(1)(b); and
(b)
may consult any person or organisation that it considers appropriate, including—
(i)
the parties; and
(ii)
the Conservation Board.
(2)
After considering the draft document and that information, the Conservation Authority must—
(a)
make any amendments to the draft document that it considers necessary; and
(b)
provide the draft document with any amendments and other relevant information to the Minister and Te Hiku o Te Ika iwi.
(3)
Te Hiku o Te Ika iwi and the Minister jointly must—
(a)
consider the draft document provided under subsection (2)(b); and
(b)
return the draft document to the Conservation Authority with written recommendations that Te Hiku o Te Ika iwi and the Minister consider appropriate.
(4)
The Conservation Authority, after having regard to any recommendations, must—
(a)
make any amendments that it considers appropriate and approve the draft document; or
(b)
return the draft document to Te Hiku o Te Ika iwi and the Minister for further consideration under subsection (3), with any new information that the Authority wishes them to consider, before the draft document is amended, if appropriate, and approved.
95 Effect of approval of Te Hiku CMS
On and from the day that the draft document is approved under section 94,—
(a)
the Te Hiku CMS applies, with any necessary modification, in the korowai area; and
(b)
the part of the Northland CMS described in section 85(b) ceases to apply in the korowai area.
Review and amendment of Te Hiku CMS
96 Review procedure
(1)
The parties may initiate a review of the whole or a part of the Te Hiku CMS at any time, after consulting the Conservation Board.
(2)
Every review must be carried out in accordance with the process set out in sections 87 to 94, with the necessary modifications, as if those provisions related to the review procedure.
(3)
The parties must commence a review of the whole of the Te Hiku CMS not later than 10 years after the date of its initial or most recent approval under section 94 (whichever is the later), unless the Minister, after consulting the Conservation Authority and Te Hiku o Te Ika iwi, extends the period within which the review must be commenced.
97 Review in relation to Ngāti Kahu area of interest
(1)
If the Ngāti Kahu area of interest is not covered by the Te Hiku CMS, a review may be commenced under section 96 to provide for the Te Hiku CMS to cover the Ngāti Kahu area of interest.
(2)
Subsection (1) applies only with the agreement of the Ngāti Kahu governance entity.
(3)
If, as a result of a review conducted under subsection (1), the Te Hiku CMS is extended to include the Ngāti Kahu area of interest,—
(a)
the part of the Northland CMS described in section 85(b) ceases to apply to the Ngāti Kahu area of interest; and
(b)
the Te Hiku CMS applies to that area.
(4)
Subsection (3) applies on and from the date on which the Te Hiku CMS, as reviewed under subsection (1), is approved.
(5)
A review carried out under this section must be carried out in accordance with the process set out in sections 87 to 94, with the necessary modifications, as if those provisions related to the review procedure.
98 Amendment procedure
(1)
At any time the parties may, after consulting the Conservation Board, initiate amendments to the whole or a part of the Te Hiku CMS.
(2)
Unless subsection (3) or (4) applies, amendments must be made in accordance with the process set out in sections 87 to 94, with the necessary modifications, as if those provisions related to the amendment procedure.
(3)
If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of the Te Hiku CMS or the public interest in the relevant conservation matters,—
(a)
the parties must send the proposed amendments to the Conservation Board; and
(b)
the proposed amendments must be dealt with in accordance with sections 93 and 94 as if those provisions related to the amendment procedure.
(4)
However, if the purpose of the proposed amendments is to ensure the accuracy of the information in the Te Hiku CMS required by section 17D(7) of the Conservation Act 1987 (which requires the identification and description of all protected areas within the boundaries of the conservation management strategy managed by the Department of Conservation), the parties may amend the Te Hiku CMS without following the process prescribed under subsection (2) or (3).
(5)
The Director-General must notify any amendments made under subsection (4) to the Conservation Board without delay.
Process to be followed if disputes arise
99 Dispute resolution
(1)
If the parties are not able, within a reasonable time, to resolve a dispute arising at any stage in the process of preparing, approving, or amending the Te Hiku CMS under sections 87 to 98, either party may—
(a)
give written notice to the other of the issues in dispute; and
(b)
require the process under this section and section 100 to be followed.
(2)
Within 15 working days of the notice being given under subsection (1), a representative of the Director-General with responsibilities within the area covered by the Te Hiku CMS must meet in good faith with 1 or more representatives of Te Hiku o Te Ika iwi to seek a means to resolve the dispute.
(3)
If that meeting does not achieve a resolution within 20 working days of the notice being given under subsection (1), the Director-General and 1 or more representatives of Te Hiku o Te Ika iwi must meet in good faith to seek a means to resolve the dispute.
(4)
If the dispute has not been resolved within 30 working days after the date of the notice given under subsection (1), the Minister and 1 or more representatives of Te Hiku o Te Ika iwi must, if they agree, meet in good faith to seek to resolve the dispute.
(5)
Subsection (4) applies only if the dispute is a matter of significance to both parties.
(6)
A resolution reached under this section is valid only to the extent that it is not inconsistent with the legal obligations of the parties.
100 Mediation
(1)
If resolution is not reached within a reasonable time under section 99, either party may require the dispute to be referred to mediation by giving written notice to the other party.
(2)
The parties must seek to agree to appoint 1 or more persons who are to conduct a mediation, or, if agreement is not reached within 15 working days of the notice being given under subsection (1), the party that gave notice must make a written request to the President of the New Zealand Law Society to appoint a mediator to assist the parties to reach a settlement of the dispute.
(3)
A mediator appointed under subsection (2)—
(a)
must be familiar with tikanga Māori and te reo Māori; and
(b)
must not have an interest in the outcome of the dispute; and
(c)
does not have the power to determine the dispute, but may give non-binding advice.
(4)
The parties must—
(a)
participate in the mediation in good faith; and
(b)
share equally the costs of a mediator appointed under this section and related expenses; but
(c)
in all other respects, meet their own costs and expenses in relation to the mediation.
101 Effect of dispute process on prescribed time limits
If, at any stage in the process of preparing, approving, or amending the Te Hiku CMS, notice is given under section 99(1),—
(a)
the calculation of any prescribed time is stopped until the dispute is resolved; and
(b)
the parties must, after the dispute is resolved, resume the process of preparing, approving, or amending the Te Hiku CMS at the point where it was interrupted.
Access to Conservation Authority and Minister of Conservation
102 New Zealand Conservation Authority
(1)
Each year, the Director-General must provide Te Hiku o Te Ika iwi with the annual schedule of meetings of the Conservation Authority.
(2)
If Te Hiku o Te Ika iwi wish to discuss a matter of national importance about conservation land or resources in the korowai area, they may make a request to address a scheduled meeting of the Conservation Authority.
(3)
A request must—
(a)
be in writing; and
(b)
set out the matter of national importance to be discussed; and
(c)
be given to the Conservation Authority not later than 20 working days before the date of a scheduled meeting.
(4)
The Conservation Authority must respond to any request not later than 10 working days before the date of the scheduled meeting, stating that Te Hiku o Te Ika iwi may attend that scheduled meeting or a subsequent scheduled meeting.
103 Minister of Conservation
(1)
The Minister of Conservation or the Associate Minister of Conservation must meet annually with the leaders of Te Hiku o Te Ika iwi to discuss the progress of the korowai in expressing the relationship between the Crown and Te Hiku o Te Ika iwi on conservation matters in the korowai area.
(2)
The place and date of the meeting must be agreed between the Office of the Minister of Conservation and the contact person nominated by Te Hiku o Te Ika iwi.
(3)
Prior to the date of the annual meeting, Te Hiku o Te Ika iwi must—
(a)
propose the agenda for the meeting; and
(b)
provide relevant information relating to the matters on the agenda.
(4)
The persons who are entitled to attend the annual meeting are—
(a)
Te Hiku o Te Ika iwi leaders; and
(b)
the Minister or Associate Minister of Conservation (or, if neither Minister is able to attend, a senior delegate appointed by the Minister, if Te Hiku o Te Ika iwi agree).
Decision-making framework
104 Acknowledgement of section 4 of Conservation Act 1987
When a decision relating to the korowai area must be made under the conservation legislation that applies in the korowai area, the decision maker must,—
(a)
in applying section 4 of the Conservation Act 1987, give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi—
(i)
to the extent required by the conservation legislation; and
(ii)
in a manner commensurate with—
(A)
the nature and degree of Te Hiku o Te Ika iwi interest in the korowai area; and
(B)
the subject matter of the decision; and
(b)
comply with the provisions of Part 2 of Schedule 3, which provide a transparent decision-making framework for conservation matters in the korowai area.
Transfer of decision-making and review functions
105 Customary materials plan
(1)
The parties must jointly prepare and agree a customary materials plan that covers—
(a)
the customary taking of plant material from conservation protected areas within the korowai area; and
(b)
the possession of dead protected animals found within the korowai area.
(2)
The first customary materials plan must be agreed not later than the settlement date.
(3)
Part 3 of Schedule 3 provides for the contents of the customary materials plan and the process by which it is to be prepared.
106 Wāhi tapu framework
(1)
The parties must work together to develop a wāhi tapu framework for the management of wāhi tapu including, if appropriate, management by the mana whenua hapū and iwi associated with the wāhi tapu.
(2)
Part 4 of Schedule 3 provides for the contents of the wāhi tapu framework and the process by which it is to be prepared.
107 Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve
Part 5 of Schedule 3 provides for decision making concerning Te Rerenga Wairua Reserve if, under the conservation legislation, certain processes are commenced or applications are received that relate to Te Rerenga Wairua Reserve.
Relationship agreement
108 Relationship agreement
Not later than the settlement date, the Director-General and Te Hiku o Te Ika iwi must enter into a relationship agreement on the terms and conditions set out in Appendix 2 to part 6 of the deed of settlement.
Subpart 4—Statutory acknowledgement
109 Interpretation
In this subpart,—
relevant consent authority, for a statutory area, means a consent authority of a region or district that contains, or is adjacent to, the statutory area
statement of association, for a statutory area, means the statement—
(a)
made by Ngāti Kuri of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
(b)
set out in part 2.1 of the documents schedule
statutory acknowledgement means the acknowledgement made by the Crown in section 110 in respect of the statutory areas, on the terms set out in this subpart
statutory area means an area described in Schedule 4, the general location of which is indicated on the deed plan for that area
statutory plan—
(a)
means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement, as defined in section 43AA of the Resource Management Act 1991; and
(b)
includes a proposed plan, as defined in section 43AAC of that Act.
Statutory acknowledgement
110 Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
111 Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
(a)
to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 112 to 114; and
(b)
to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees in accordance with sections 115 and 116; and
(c)
to enable the trustees and any member of Ngāti Kuri to cite the statutory acknowledgement as evidence of the association of Ngāti Kuri with a statutory area, in accordance with section 117.
112 Relevant consent authorities to have regard to statutory acknowledgement
(1)
This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
(2)
On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity.
(3)
Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.
113 Environment Court to have regard to statutory acknowledgement
(1)
This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
(2)
On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 of the Resource Management Act 1991, whether the trustees are persons with an interest in the proceedings greater than that of the general public.
(3)
Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991.
114 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
(1)
This section applies to an application 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.
(2)
On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application.
(3)
On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—
(a)
in determining whether the trustees are persons directly affected by the decision; and
(b)
in determining, under section 59(1) or 64(1) of the Heritage New Zealand Pouhere Taonga Act 2014, an appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application.
(4)
In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.
115 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 information attached to a statutory plan must include—
(a)
a copy of sections 110 to 114, 116, and 117; and
(b)
descriptions of the statutory areas wholly or partly covered by the plan; and
(c)
the statement of association for each statutory area.
(3)
The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not—
(a)
part of the statutory plan; or
(b)
subject to the provisions of Schedule 1 of the Resource Management Act 1991.
116 Provision of summary or notice to trustees
(1)
Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area:
(a)
if the application is received by the consent authority, a summary of the application; or
(b)
if notice of the application is served on the consent authority under section 145(10) of the Resource Management Act 1991, a copy of the notice.
(2)
A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B of the Resource Management Act 1991 or as may be agreed between the trustees and the relevant consent authority.
(3)
The summary must be provided—
(a)
as soon as is reasonably practicable after the relevant consent authority receives the application; but
(b)
before the relevant consent authority decides under section 95 of the Resource Management Act 1991 whether to notify the application.
(4)
A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice.
(5)
The trustees may, by written notice to a relevant consent authority,—
(a)
waive the right to be provided with a summary or copy of a notice under this section; and
(b)
state the scope of that waiver and the period it applies for.
(6)
This section does not affect the obligation of a relevant consent authority to decide,—
(a)
under section 95 of the Resource Management Act 1991, whether to notify an application:
(b)
under section 95E of that Act, whether the trustees are affected persons in relation to an activity.
117 Use of statutory acknowledgement
(1)
The trustees and any member of Ngāti Kuri may, as evidence of the association of Ngāti Kuri with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before—
(a)
the relevant consent authorities; or
(b)
the Environment Court; or
(c)
Heritage New Zealand Pouhere Taonga; or
(d)
the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991.
(2)
The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
(a)
the bodies referred to in subsection (1); or
(b)
parties to proceedings before those bodies; or
(c)
any other person who is entitled to participate in those proceedings.
(3)
However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
(4)
To avoid doubt,—
(a)
neither the trustees nor members of Ngāti Kuri are precluded from stating that Ngāti Kuri has an association with a statutory area that is not described in the statutory acknowledgement; and
(b)
the content and existence of the statutory acknowledgement do not limit any statement made.
General provisions relating to statutory acknowledgement
118 Application of statutory acknowledgement to river or stream
If any part of the statutory acknowledgement applies to a river or stream, that part of the acknowledgement—
(a)
applies only to—
(i)
the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and
(ii)
the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
(b)
does not apply to—
(i)
a part of the bed of the river or stream that is not owned by the Crown; or
(ii)
an artificial watercourse; or
(iii)
a tributary flowing into the river.
119 Exercise of powers and performance of functions and duties
(1)
The statutory acknowledgement does not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under any enactment or a bylaw.
(2)
A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngāti Kuri with a statutory area than that person would give if there were no statutory acknowledgement for the statutory area.
(3)
Subsection (2) does not limit subsection (1).
(4)
This section is subject to the other provisions of this subpart.
120 Rights not affected
(1)
The statutory acknowledgement does not—
(a)
affect the lawful rights or interests of a person who is not a party to the deed of settlement; or
(b)
have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
(2)
This section is subject to the other provisions of this subpart.
Consequential amendment to Resource Management Act 1991
121 Amendment to Resource Management Act 1991
(1)
This section amends the Resource Management Act 1991.
(2)
In Schedule 11, insert in its appropriate alphabetical order “Ngāti Kuri Claims Settlement Act 2015”
.
Subpart 5—Protocols
122 Interpretation
In this subpart,—
protocol—
(a)
means each of the following protocols issued under section 123(1)(a):
(i)
the taonga tūturu protocol:
(ii)
the protocol with the Minister of Energy and Resources:
(iii)
the fisheries protocol; and
(b)
includes any amendments made under section 123(1)(b)
responsible Minister means,—
(a)
for the protocol with the Minister of Energy and Resources, that Minister:
(b)
for the fisheries protocol, the Minister for Primary Industries:
(c)
for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage:
(d)
for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol.
General provisions applying to protocols
123 Issuing, amending, and cancelling protocols
(1)
Each responsible Minister—
(a)
must issue a protocol to the trustees on the terms set out in part 3 of the documents schedule; and
(b)
may amend or cancel that protocol.
(2)
The responsible Minister may amend or cancel a protocol at the initiative of—
(a)
the trustees; or
(b)
the responsible Minister.
(3)
The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
124 Protocols subject to rights, functions, and duties
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, for example, the ability—
(i)
to introduce legislation and change Government policy; and
(ii)
to interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
(b)
the responsibilities of a responsible Minister or a department of State; or
(c)
the legal rights of Ngāti Kuri or a representative entity.
125 Enforcement of protocols
(1)
The Crown must comply with a protocol while it is in force.
(2)
If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950.
(3)
Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a 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 by the trustees in enforcing the protocol under subsection (2).
Crown minerals
126 Protocol with Minister of Energy and Resources
(1)
The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991 must note a summary of the terms of the protocol with the Minister of Energy and Resources in—
(a)
a register of protocols maintained by the chief executive; and
(b)
the minerals programmes that affect the protocol area, but only when those programmes are changed.
(2)
The noting of the summary is—
(a)
for the purpose of public notice only; and
(b)
not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991.
(3)
The protocol with the Minister of Energy and Resources does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals.
(4)
In this section,—
Crown mineral means a mineral, as defined in section 2(1) of the Crown Minerals Act 1991,—
(a)
that is the property of the Crown under section 10 or 11 of that Act; or
(b)
over which the Crown has jurisdiction under the Continental Shelf Act 1964
minerals programme has the meaning given in section 2(1) of the Crown Minerals Act 1991
protocol area, in relation to the protocol with the Minister of Energy and Resources, means the area shown on the map attached to that protocol, together with the adjacent waters.
Taonga tūturu protocol
127 Taonga tūturu protocol
(1)
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.
(2)
In this section, taonga tūturu—
(a)
has the meaning given in section 2(1) of the Protected Objects Act 1975; and
(b)
includes ngā taonga tūturu, as defined in section 2(1) of that Act.
Fisheries
128 Fisheries protocol
(1)
The chief executive of the department of State responsible for the administration of the Fisheries Act 1996 must note a summary of the terms of the fisheries protocol in any fisheries plan that affects the fisheries protocol area.
(2)
The noting of the summary 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)
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, or seaweed) that are held, managed, or administered under any of the following enactments:
(a)
the Fisheries Act 1996:
(c)
(4)
In this section,—
fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996
fisheries protocol area means the area shown on the map attached to the fisheries protocol, together with the adjacent waters.
Subpart 6—Fisheries advisory committees
129 Interpretation
In this subpart,—
fisheries protocol area has the meaning given in section 128(4)
Minister means the Minister for Primary Industries.
Ngāti Kuri fisheries advisory committee
130 Appointment of Ngāti Kuri fisheries advisory committee
(1)
The Minister must, not later than the settlement date, appoint the trustees to be an advisory committee under section 21(1) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995.
(2)
The purpose of the Ngāti Kuri fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996, while also ensuring the sustainability of those resources in the fisheries protocol area.
(3)
The Minister must consider any advice given by the Ngāti Kuri fisheries advisory committee.
(4)
In considering any advice, the Minister must recognise and provide for the customary, non-commercial interests of Ngāti Kuri.
Joint fisheries advisory committee
131 Appointment of joint fisheries advisory committee
(1)
The Minister must, on the settlement date, appoint a joint fisheries advisory committee to be an advisory committee under section 21(1) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995.
(2)
Each Te Hiku o Te Ika iwi governance entity must appoint 1 person to be a member of the committee.
(3)
The purpose of the joint fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996, while also ensuring the sustainability of those resources in—
(a)
the fisheries protocol area; and
(b)
the fisheries protocol areas provided for by—
(i)
section 130 of the Te Aupouri Claims Settlement Act 2015; and
(ii)
section 125 of the NgāiTakoto Claims Settlement Act 2015; and
(iii)
section 141 of the Te Rarawa Claims Settlement Act 2015.
(4)
The Minister must consider any advice given by the joint fisheries advisory committee.
(5)
In considering the advice from the joint fisheries advisory committee, the Minister must recognise and provide for the customary, non-commercial interests of Te Hiku o Te Ika iwi.
(6)
If a Te Hiku o Te Ika iwi does not enter into a fisheries protocol with the Minister, the relevant area for the purpose of advising the Minister under subsection (3) is deemed to be the waters adjacent, or otherwise relevant, to the area of interest of that iwi (including any relevant quota management area or fishery management area within the exclusive economic zone).
(7)
In this section,—
exclusive economic zone has the meaning given in section 4(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
quota management area has the meaning given in section 2(1) of the Fisheries Act 1996.
Subpart 7—Official geographic names
132 Interpretation
133 Official geographic names
(1)
A name specified in the second column of the table in clause 8.32 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
(2)
Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19 of the Act.
134 Publication of official geographic names
(1)
The Board must, as soon as practicable after the settlement date, give public notice of each official geographic name under section 133 in accordance with section 21(2) and (3) of the Act.
(2)
The notices must state that each official geographic name became an official geographic name on the settlement date.
135 Subsequent alteration of official geographic names
(1)
In making a determination to alter the official geographic name of a feature named by this subpart, the Board—
(a)
need not comply with section 16, 17, 18, 19(1), or 20 of the Act; but
(b)
must have the written consent of the trustees.
(2)
However, in the case of the features listed in subsection (3), the Board may alter the official geographic name only if it has the written consent of—
(a)
the trustees; and
(b)
the trustees of Te Rūnanga o NgāiTakoto; and
(c)
the trustees of Te Rūnanga o Te Rarawa; and
(d)
the trustees of the Te Rūnanga Nui o Te Aupouri Trust.
(3)
Subsection (2) applies to—
(a)
Te Oneroa-a-Tōhē / Ninety Mile Beach:
(b)
Cape Reinga / Te Rerenga Wairua:
(c)
Piwhane / Spirits Bay.
(4)
To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) of the Act.
Part 3 Commercial redress
136 Interpretation
In subparts 1 to 3,—
Aupouri Forest means the land described in computer interest register NA100A/1
commercial redress property means a property described in part 3 of the property redress schedule
Crown forest land has the meaning given in section 2(1) of the Crown Forest Assets Act 1989
Crown forestry licence—
(a)
has the meaning given in section 2(1) of the Crown Forest Assets Act 1989; and
(b)
in relation to the Peninsula Block and the cultural forest land properties, means the licence held in computer interest register NA100A/1
Crown forestry rental trust means the forestry rental trust referred to in section 34 of the Crown Forest Assets Act 1989
Crown forestry rental trust deed means the trust deed made on 30 April 1990 establishing the Crown forestry rental trust
cultural forest land properties—
(a)
means Beach sites A, B, and C defined as cultural redress properties in section 22; and
(b)
means Hukatere Pā, as defined in section 22 of the Te Aupouri Claims Settlement Act 2015; and
(c)
means Hukatere site A, as defined in section 22 of the NgāiTakoto Claims Settlement Act 2015; and
(d)
means Hukatere site B, as defined in section 22 of the Te Rarawa Claims Settlement Act 2015; but
(e)
excludes, to the extent provided for by the Crown forestry licence,—
(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 by the purchaser or the licensee after the purchaser has acquired the trees on the land
joint licensor governance entities means, in relation to the Peninsula Block,—
(a)
the trustees; and
(b)
the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and
(c)
the trustees of Te Rūnanga o NgāiTakoto; and
(d)
the trustees of Te Rūnanga o Te Rarawa
land holding agency means the land holding agency specified for a commercial redress property in part 3 of the property redress schedule
licensee means the registered holder of the Crown forestry licence
licensor means the licensor of the Crown forestry licence
Peninsula Block—
(a)
means the licensed land (being part of the Aupouri Forest) described in part 3 of the property redress schedule; but
(b)
excludes, to the extent provided for by the Crown forestry licence for the land,—
(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 by the purchaser or the licensee after the purchaser has acquired the trees on the land
Peninsula Block settlement trust means—
(a)
for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust:
(b)
for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust:
(c)
for NgāiTakoto, Te Rūnanga o NgāiTakoto:
(d)
for Te Rarawa, Te Rūnanga o Te Rarawa
protected site means any area of land situated in the Peninsula Block that—
(a)
is wāhi tapu or a wāhi tapu area within the meaning of section 6 of the Heritage New Zealand Pouhere Taonga Act 2014; and
(b)
is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 of that Act
relevant trustees means the trustees of each of the Peninsula Block settlement trusts
right of access means the right conferred by section 149.
Subpart 1—Transfer of commercial redress properties
137 The Crown may transfer properties
To give effect to part 9 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to—
(a)
transfer the fee simple estate in a commercial redress property to the trustees; and
(b)
sign a transfer instrument or other document, or do anything else necessary to effect the transfer.
138 Transfer of share in fee simple estate in property
In this subpart and subparts 2 and 3, a reference to the transfer of a commercial redress property, or the transfer of the fee simple estate in such property, includes the transfer of an undivided share of the fee simple estate in the property.
139 Minister of Conservation may grant easements
(1)
The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property.
(2)
An easement granted under subsection (1)—
(a)
is enforceable in accordance with its terms, despite Part 3B of the Conservation Act 1987; and
(b)
is to be treated as having been granted in accordance with Part 3B of that Act; and
(c)
is registrable under section 17ZA(2) of that Act as if it were a deed to which that provision applied.
140 Computer freehold registers for commercial redress properties
(1)
This section applies to a commercial redress property (other than the Peninsula Block) that is to be transferred to the trustees under section 137.
(2)
However, this section applies only to the extent that—
(a)
the property is not all of the land contained in a computer freehold register; or
(b)
there is no computer freehold register for all or part of the property.
(3)
The Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create a computer freehold register for the fee simple estate in the property in the name of the Crown; and
(b)
record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
(c)
omit any statement of purpose from the computer freehold register.
(4)
Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
(5)
In this section and sections 141 and 142, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.
141 Computer freehold register for Peninsula Block
(1)
This section applies to the Peninsula Block.
(2)
The Registrar-General must, in accordance with a written application by an authorised person,—
(a)
create a computer freehold register in the name of the Crown for the fee simple estate in the property; and
(b)
record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
(c)
omit any statement of purpose from the computer freehold register.
(3)
Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.
142 Authorised person may grant covenant for later creation of computer freehold register
(1)
For the purposes of sections 140 and 141, the authorised person may grant a covenant for the later creation of a computer freehold register for any commercial redress property.
(2)
Despite the Land Transfer Act 1952,—
(a)
the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and
(b)
the Registrar-General must comply with the request.
143 Application of other enactments
(1)
This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property.
(2)
The transfer 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)
The transfer does not—
(a)
limit section 10 or 11 of the Crown Minerals Act 1991; or
(b)
affect other rights to subsurface minerals.
(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 the transfer.
(5)
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or any matter incidental to, or required for the purpose of, the transfer.
(6)
In exercising the powers conferred by section 137, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer.
(7)
Subsection (6) is subject to subsections (2) and (3).
144 Transfer of Te Paki Station
(1)
This section relates to the commercial redress property described as Te Paki Station in part 3 of the property redress schedule.
(2)
The reservation of Te Paki Station (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.
(3)
The official geographic name of Te Paki Recreation Reserve is discontinued in respect of Te Paki Station, and the Board must amend the Gazetteer accordingly.
(4)
Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation of the reserve status of Te Paki Station under subsection (2).
(5)
The trustees must provide the Crown with a registrable covenant in relation to Te Paki Station on the terms and conditions set out in part 5.1 of the documents schedule.
(6)
The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.
(7)
The right of way easement created by Proclamation 11625 (North Auckland Land District) is cancelled to the extent that it relates to Te Paki Station.
(8)
The Registrar-General must note the effect of subsection (7) on Proclamation 11625 without any further inquiry.
(9)
In subsection (3), Board, Gazetteer, and official geographic name have the meanings given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
Subpart 2—Licensed land
145 Peninsula Block ceases to be Crown forest land
(1)
The Peninsula Block ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the relevant trustees.
(2)
However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989 but be inconsistent with this subpart, part 9 of the deed of settlement, or part 4 of the property redress schedule.
146 Relevant trustees are confirmed beneficiaries and licensors
(1)
The relevant trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the Peninsula Block.
(2)
The effect of subsection (1) is that—
(a)
the relevant trustees are entitled to receive the rental proceeds for the Peninsula Block payable, since the commencement of the licence, to the trustees of the Crown forestry rental trust under the Crown forestry licence; and
(b)
all the provisions of the Crown forestry rental trust deed apply on the basis that the relevant trustees are the confirmed beneficiaries in relation to the Peninsula Block.
(3)
Despite subsection (2)(a), the trustees are entitled to receive 20% of the rental proceeds for the Aupouri Forest since the commencement of the licence.
(4)
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 Peninsula Block and the cultural forest land properties.
(5)
Notice given under subsection (4) 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 Peninsula Block and the cultural forest land properties; and
(b)
the recommendation had become final on the settlement date.
(6)
The relevant trustees are the licensors under the Crown forestry licence as if the Peninsula Block and the cultural forest land properties had been returned to Māori ownership—
(a)
on the settlement date; and
(b)
under section 36 of the Crown Forest Assets Act 1989.
(7)
However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the Peninsula Block or the cultural forest land properties.
147 Effect of transfer of Peninsula Block
Section 146 applies whether or not—
(a)
the transfer of the fee simple estate in the Peninsula Block has been registered; or
(b)
the processes described in clause 17.4 of the Crown forestry licence have been completed, providing a single licence for the Peninsula Block and the cultural forest land properties.
148 Licence splitting process must be completed
(1)
To the extent that the Crown has not completed the processes referred to in section 147(b) before the settlement date, it must continue those processes—
(a)
on and after the settlement date; and
(b)
until they are completed.
(2)
Subsection (3) provides for the licence fee that is payable for the Peninsula Block and the cultural forest land properties under the Crown forestry licence and that—
(a)
is payable for the period starting on the settlement date and ending on the completion of the processes referred to in subsection (1) and section 147; and
(b)
is not part of the rental proceeds referred to in section 146(2)(a).
(3)
The licence fee payable is the amount calculated in the manner described in paragraphs 4.25 and 4.26 of the property redress schedule.
(4)
However, the calculation of the licence fee under subsection (3) is overridden by any agreement between the joint licensor governance entities as licensor, the licensee, and the Crown.
(5)
On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the Peninsula Block and the cultural forest land properties, be read as references to the relevant trustees.
Subpart 3—Access to protected sites
Right of access
149 Right of access to protected sites
(1)
The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special spiritual, cultural, or historical significance to have access across the land to each protected site.
(2)
The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
(3)
The right of access 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 of access must observe any conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required for—
(i)
the safety of people; or
(ii)
the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
(iii)
operational reasons.
150 Right of access over Peninsula Block
(1)
A right of access over the Peninsula Block is subject to the terms of any Crown forestry licence.
(2)
However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised.
(3)
An amendment to a Crown forestry licence is of no effect to the extent that it would—
(a)
delay the date from which a person may exercise a right of access; or
(b)
adversely affect a right of access in any other way.
151 Right of access to be recorded on computer freehold register
(1)
This section applies to the transfer to the trustees of the Peninsula Block.
(2)
The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.
(3)
The Registrar-General must, on the registration of the transfer of the land, record, on any computer freehold register for the land, that the land is subject to a right of access to protected sites on the land.
Subpart 4—Right of first refusal over RFR land
Interpretation
152 Interpretation
In this subpart and Schedule 5,—
balance RFR land means land (other than any land vested in, or held in fee simple by, Housing New Zealand Corporation) that—
(a)
is exclusive RFR land or shared RFR land; and
(b)
has been offered for disposal to the trustees of an offer trust—
(i)
as exclusive RFR land or shared RFR land; and
(ii)
in accordance with section 155; and
(c)
has not been withdrawn under section 157; and
(d)
has not been accepted in accordance with section 158
control, for the purposes of paragraph (d) of the definition of Crown body, means,—
(a)
for a company, control of the composition of its board of directors; and
(b)
for another body, control of the composition of the group that would be its board of directors if the body were a company
Crown body means—
(a)
a Crown entity (as defined by section 7(1) of the Crown Entities Act 2004); and
(b)
a State enterprise (as defined by section 2 of the State-Owned Enterprises Act 1986); and
(c)
the New Zealand Railways Corporation; and
(d)
a company or body that is wholly owned or controlled by 1 or more of the following:
(i)
the Crown:
(ii)
a Crown entity:
(iii)
a State enterprise:
(iv)
the New Zealand Railways Corporation; and
(e)
a subsidiary or related company of a company or body referred to in paragraph (d)
dispose of, in relation to RFR land,—
(a)
means—
(i)
to transfer or vest the fee simple estate in the land; or
(ii)
to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but
(b)
to avoid doubt, does not include—
(i)
to mortgage, or give a security interest in, the land; or
(ii)
to grant an easement over the land; or
(iii)
to consent to an assignment of a lease, or to a sublease, of the land; or
(iv)
to remove an improvement, fixture, or fitting from the land
exclusive RFR land means land described as exclusive RFR land in part 3 of the attachments to a Te Hiku o Te Ika iwi deed of settlement if, on the RFR date for that land, the land is vested in the Crown or held in fee simple by the Crown or Housing New Zealand Corporation
expiry date, in relation to an offer, means its expiry date under sections 155(1)(a) and 156
Ngāti Kuri settlement date means the settlement date under this Act
notice means a notice given under this subpart
offer means an offer by an RFR landowner, made in accordance with section 155, to dispose of RFR land to the trustees of any offer trust
offer trust means the trust specified for each of the following types of RFR land (or land obtained in exchange for the disposal of that land):
(a)
for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement:
(b)
for shared RFR land, the Te Manawa O Ngāti Kuri Trust and the RFR settlement trust for each other relevant iwi that has settled its historical claims under an enactment:
(c)
for balance RFR land, the RFR settlement trust for each remaining iwi
other relevant iwi means the iwi named in the column headed “Other Relevant Iwi”
for each entry of shared RFR land in the table in part 3 of the attachments
public work has the meaning given in section 2 of the Public Works Act 1981
recipient trust means the trust specified for each of the following types of RFR land (or land obtained in exchange for the disposal of that land):
(a)
for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement:
(b)
for shared RFR land and balance RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 158
related company has the meaning given in section 2(3) of the Companies Act 1993
remaining iwi means a Te Hiku o Te Ika iwi that has settled its historical claims under an enactment but has not received an offer for that RFR land
RFR date means the date on which the RFR period commences, as the case may be,—
(a)
for the exclusive RFR land:
(b)
for the shared RFR land
RFR land has the meaning given in section 153
RFR landowner, in relation to RFR land,—
(a)
means—
(i)
the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
(ii)
a Crown body, if the body holds the fee simple estate in the land; and
(b)
includes a local authority to which RFR land has been disposed of under section 161(1); but
(c)
to avoid doubt, does not include an administering body in which RFR land is vested—
(i)
on the RFR date for that land; or
(ii)
after the RFR date for that land, under section 162(1)
RFR period means,—
(a)
for exclusive RFR land, a period of 172 years from the settlement date, in the case of an iwi granted a right to exclusive RFR land; and
(b)
for balance RFR land, a period of 172 years from the settlement date; and
(c)
for shared RFR land,—
(i)
a period of 172 years from the Ngāti Kuri settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Ngāti Kuri settlement date; or
(ii)
if the settlement date for each of the other relevant iwi has not occurred on or before the Ngāti Kuri settlement date, a period of 172 years from the earlier of—
(A)
the date that is 24 months after the Ngāti Kuri settlement date; and
(B)
the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment
RFR settlement trust means,—
(a)
for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust; and
(b)
for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust; and
(c)
for NgāiTakoto, Te Rūnanga o NgāiTakoto; and
(d)
for Te Rarawa, Te Rūnanga o Te Rarawa; and
(e)
for Ngāti Kahu, the Ngāti Kahu governance entity established to receive redress from the Crown in settlement of the Ngāti Kahu historical claims
shared RFR land means land listed as shared RFR land in part 3 of the attachments if the land is vested in the Crown or held in fee simple by the Crown or Housing New Zealand Corporation on—
(a)
the Ngāti Kuri settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Ngāti Kuri settlement date; or
(b)
if the settlement date for each of the other relevant iwi has not occurred on or before the Ngāti Kuri settlement date, the earlier of—
(i)
24 months after the Ngāti Kuri settlement date; and
(ii)
the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment
subsidiary has the meaning given in section 5 of the Companies Act 1993.
153 Meaning of RFR land
(1)
In this subpart, RFR land means—
(a)
exclusive RFR land; and
(b)
shared RFR land; and
(c)
balance RFR land; and
(d)
land obtained in exchange for a disposal of RFR land under section 166(1)(c) or 167.
(2)
However, land ceases to be RFR land if—
(a)
the fee simple estate in the land transfers from the RFR landowner to—
(i)
the trustees of a recipient trust or their nominee (for example, under a contract formed under section 159); or
(ii)
any other person (including the Crown or a Crown body) under section 154(1)(d); or
(b)
the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
(i)
under any of sections 163 to 170 (which relate to permitted disposals of RFR land); or
(ii)
under any matter referred to in section 171(1) (which specifies matters that may override the obligations of an RFR landowner under this subpart); or
(c)
the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 179; or
(d)
the RFR period for the land ends.
Restrictions on disposal of RFR land
154 Restrictions on disposal of RFR land
(1)
An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of—
(a)
under any of sections 160 to 170; or
(b)
under any matter referred to in section 171(1); or
(c)
in accordance with a waiver or variation given under section 179; or
(d)
within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust, if the offer to those trustees—
(i)
related to exclusive RFR land or shared RFR land; and
(ii)
was made in accordance with section 155; and
(iii)
was made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
(iv)
was not withdrawn under section 157; and
(v)
was not accepted under section 158.
(2)
Subsection (1)(d) does not apply to exclusive RFR land or shared RFR land that is balance RFR land, unless and until—
(a)
an offer to dispose of the balance RFR land has been made in accordance with section 155; and
(b)
that offer is not accepted by the trustees of an offer trust under section 158(3).
Trustees’ right of first refusal
155 Requirements for offer
(1)
An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be made by notice to the trustees of the 1 or more offer trusts, incorporating—
(a)
the terms of the offer, including its expiry date; and
(b)
the legal description of the land, including any interests affecting it and the reference for any computer register that contains the land; and
(c)
a street address for the land (if applicable); and
(d)
a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer; and
(e)
a statement that identifies the land as exclusive RFR land, shared RFR land, or balance RFR land, as the case may be.
(2)
To avoid doubt, an offer made under this section by an RFR landowner to dispose of balance RFR land must be on terms that are the same (as far as practicable) as the terms of the offer made to the trustees of an offer trust to dispose of that land as exclusive RFR land or shared RFR land (as the case may have been).
156 Expiry date of offer
(1)
The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer.
(2)
However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer if—
(a)
the trustees have received an earlier offer to dispose of the land; and
(b)
the expiry date of the earlier offer was not earlier than 6 months before the expiry date of the later offer; and
(c)
the earlier offer was not withdrawn.
(3)
For an offer of shared RFR land, if the RFR landowner has received notices of acceptance from the trustees of 2 or more offer trusts at the expiry date specified in the notice given under section 155(1), the expiry date is extended for the trustees of those 2 or more offer trusts to the date that is 10 working days after the date on which the trustees receive the RFR landowner’s notice given under section 158(4).
157 Withdrawal of offer
The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted.
158 Acceptance of offer
(1)
The trustees of an offer trust may, by notice to the RFR landowner who makes an offer, accept the offer if—
(a)
it has not been withdrawn; and
(b)
its expiry date has not passed.
(2)
The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less.
(3)
In the case of an offer of shared RFR land or balance RFR land, the offer is accepted if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust.
(4)
In the case of an offer of shared RFR land, if the RFR landowner has received, at the expiry date specified in the notice of offer given under section 155, notices of acceptance from the trustees of 2 or more offer trusts, the RFR landowner has 10 working days in which to give notice to the trustees of those 2 or more offer trusts—
(a)
specifying the offer trusts from whose trustees acceptance notices have been received; and
(b)
stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the tenth working day after the day on which the RFR landowner’s notice is received under this subsection.
159 Formation of contract
(1)
If the trustees of an offer trust accept an offer by an RFR landowner under section 158 to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and those trustees on the terms in the offer, including the terms set out in this section.
(2)
The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust.
(3)
Under the contract, the trustees of the recipient trust may nominate any person other than those trustees (the nominee) to receive the transfer of the RFR land.
(4)
The trustees of the recipient trust may nominate a nominee only if—
(a)
the nominee is lawfully able to hold the RFR land; and
(b)
the trustees of the recipient trust give notice to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
(5)
The notice must specify—
(a)
the full name of the nominee; and
(b)
any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
(6)
If the trustees of the recipient trust nominate a nominee, those trustees remain liable for the obligations of the transferee under the contract.
Disposals to others but land remains RFR land
160 Disposal to the Crown or Crown bodies
(1)
An RFR landowner may dispose of RFR land to—
(a)
the Crown; or
(b)
a Crown body.
(2)
To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 of the Education and Training Act 2020.
Section 160(2): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
161 Disposal of existing public works to local authorities
(1)
An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 of the Public Works Act 1981 to a local authority, as defined in section 2 of that Act.
(2)
To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
(a)
the RFR landowner of the land; and
(b)
subject to the obligations of an RFR landowner under this subpart.
162 Disposal of reserves to administering bodies
(1)
An RFR landowner may dispose of RFR land in accordance with section 26 or 26A of the Reserves Act 1977.
(2)
To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
(a)
the RFR landowner of the land; or
(b)
subject to the obligations of an RFR landowner under this subpart.
(3)
However, if RFR land vests back in the Crown under section 25 or 27 of the Reserves Act 1977, the Crown becomes—
(a)
the RFR landowner of the land; and
(b)
subject to the obligations of an RFR landowner under this subpart.
Disposals to others where land may cease to be RFR land
163 Disposal in accordance with enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
164 Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of RFR land in accordance with—
(a)
a legal or an equitable obligation that—
(i)
was unconditional before the RFR date for that land; or
(ii)
was conditional before the RFR date for that land but became unconditional on or after that date; or
(iii)
arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or
(b)
the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land.
165 Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
(a)
section 54(1)(d) of the Land Act 1948; or
(b)
section 34, 43, or 44 of the Marine and Coastal Area (Takutai Moana) Act 2011; or
(c)
section 355(3) of the Resource Management Act 1991.
166 Disposal of land held for public works
(1)
An RFR landowner may dispose of RFR land in accordance with—
(a)
section 40(2) or (4) or 41 of the Public Works Act 1981 (including as applied by another enactment); or
(c)
section 117(3)(a) of the Public Works Act 1981; or
(d)
section 117(3)(b) of the Public Works Act 1981 if the land is disposed of to the owner of adjoining land; or
(e)
section 23(1) or (4), 24(4), or 26 of the New Zealand Railways Corporation Restructuring Act 1990.
(2)
To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 of Te Ture Whenua Maori Act 1993 after an application by an RFR landowner under section 41(1)(e) of the Public Works Act 1981.
167 Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
(a)
section 15 of the Reserves Act 1977; or
(b)
section 16A or 24E of the Conservation Act 1987.
168 Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
169 Disposal to tenants
The Crown may dispose of RFR land—
(a)
that was held on the RFR date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
(b)
under section 67 of the Land Act 1948, if the disposal is to a lessee under a lease of the land granted—
(i)
before the RFR date; or
(ii)
on or after the RFR date for that land under a right of renewal of a lease granted before that RFR date; or
(c)
under section 93(4) of the Land Act 1948.
170 Disposal by Housing New Zealand Corporation
(1)
Housing New Zealand Corporation or any of its subsidiaries may dispose of RFR land to any person if the Corporation has given notice to the trustees of the 1 or more offer trusts that, in the Corporation’s opinion, the disposal is to give effect to, or to assist in giving effect to, the Crown’s social objectives in relation to housing or services related to housing.
(2)
To avoid doubt, in subsection (1), RFR land means either exclusive RFR land or shared RFR land.
RFR landowner obligations
171 RFR landowner’s obligations subject to other matters
(1)
An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
(a)
any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
(b)
any interest or legal or equitable obligation—
(i)
that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; and
(ii)
that the RFR landowner cannot satisfy by taking reasonable steps; and
(c)
the terms of a mortgage over, or security interest in, RFR land.
(2)
Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment.
Notices about RFR land
172 Notice to LINZ of RFR land with computer register after RFR date
(1)
If a computer register is first created for RFR land after the RFR date for the relevant land, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
(2)
If land for which there is a computer register becomes RFR land after the RFR date for the land, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
(3)
The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.
(4)
The notice must include the legal description of the land and the reference for the computer register that contains the land.
173 Notice to trustees of offer trusts of disposal of RFR land to others
(1)
An RFR landowner must give the trustees of the 1 or more offer trusts notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee.
(2)
The notice must be given on or before the date that is 20 working days before the day of the disposal.
(3)
The notice must include—
(a)
the legal description of the land and any interests affecting it; and
(b)
the reference for any computer register for the land; and
(c)
the street address for the land (if applicable); and
(d)
the name of the person to whom the land is being disposed of; and
(e)
an explanation of how the disposal complies with section 154; and
(f)
if the disposal is to be made under section 154(1)(d), a copy of any written contract for the disposal.
174 Notice to LINZ of land ceasing to be RFR land
(1)
This section applies if land contained in a computer register is to cease being RFR land because—
(a)
the fee simple estate in the land is to transfer from the RFR landowner to—
(i)
the trustees of a recipient trust or their nominee (for example, under a contract formed under section 159); or
(ii)
any other person (including the Crown or a Crown body) under section 154(1)(d); or
(b)
the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
(i)
under any of sections 163 to 170; or
(ii)
under any matter referred to in section 171(1); or
(c)
the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 179.
(2)
The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
(3)
The notice must include—
(a)
the legal description of the land; and
(b)
the reference for the computer register for the land; and
(c)
the details of the transfer or vesting of the land.
175 Notice requirements
Schedule 5 applies to notices given under this subpart by or to—
(a)
an RFR landowner; or
(b)
the trustees of an offer trust or a recipient trust.
Right of first refusal recorded on computer registers
176 Right of first refusal recorded on computer registers for RFR land
(1)
The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,—
(a)
the RFR land for which there is a computer register on the RFR date for the land; and
(b)
the RFR land for which a computer register is first created after the RFR date for the land; and
(c)
land for which there is a computer register that becomes RFR land after the settlement date.
(2)
The chief executive must issue a certificate as soon as is reasonably practicable after—
(a)
the RFR date for the land, for RFR land for which there is a computer register on that RFR date; or
(b)
receiving a notice under section 172 that a computer register has been created for the RFR land or that the land has become RFR land, for any other land.
(3)
Each certificate must state that it is issued under this section.
(4)
The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.
(5)
The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is—
(a)
RFR land, as defined in section 153; and
(b)
subject to this subpart (which restricts disposal, including leasing, of the land).
177 Removal of notifications when land to be transferred or vested
(1)
The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 174, issue to the Registrar-General a certificate that includes—
(a)
the legal description of the land; and
(b)
the reference for the computer register for the land; and
(c)
the details of the transfer or vesting of the land; and
(d)
a statement that the certificate is issued under this section.
(2)
The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.
(3)
If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notifications recorded under section 176 for the land described in the certificate.
178 Removal of notifications when RFR period ends
(1)
The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes—
(a)
the reference for each computer register for RFR land that still has a notification recorded under section 176; and
(b)
a statement that the certificate is issued under this section.
(2)
The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate.
(3)
The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 176 from any computer register identified in the certificate.
General provisions applying to right of first refusal
179 Waiver and variation
(1)
The trustees of the 1 or more offer trusts may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart.
(2)
The trustees of the 1 or more offer trusts and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
(3)
A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
180 Disposal of Crown bodies not affected
This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
181 Assignment of rights and obligations under this subpart
(1)
Subsection (3) applies if an RFR holder—
(a)
assigns the RFR holder’s rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder’s constitutional documents; and
(b)
has given the notices required by subsection (2).
(2)
An RFR holder must give notices to each RFR landowner—
(a)
stating that the RFR holder’s rights and obligations under this subpart are being assigned under this section; and
(b)
specifying the date of the assignment; and
(c)
specifying the names of the assignees and, if the assignees are the trustees of a trust, the name of the trust; and
(d)
specifying the street address, postal address, and fax number or electronic address for notices to the assignees.
(3)
This subpart and Schedule 5 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees of the relevant offer trust, with any necessary modifications.
(4)
In this section and Schedule 5,—
constitutional documents means the trust deed or other instrument adopted for the governance of the RFR holder
RFR holder means the 1 or more persons who have the rights and obligations of the trustees of an offer trust under this subpart because—
(a)
they are the trustees of 1 or more offer trusts; or
(b)
they have previously been assigned those rights and obligations under this section.
Schedule 1 Ngāti Kuri cultural redress properties
ss 22, 26(2), 26(3), 45(3), 46(1)
Part 1 Cultural redress properties
Properties vested in fee simple
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Murimotu Island |
North Auckland Land District—Far North District 8.8500 hectares, more or less, being Sections 1 and 2 SO 457794. All computer freehold register NA138A/291. |
Subject to a lease to Maritime New Zealand referred to in section 23(4). Subject to an unregistered licence to Institute of Geological and Nuclear Sciences Limited for installation and operation of a tsunami warning system (dated 10 December 2008). |
||
| The Pines Block |
North Auckland Land District—Far North District 320.9287 hectares, more or less, being Allotments 14, 15, and 16 Parish of Muriwhenua. Part computer interest register 629523. |
Subject to an unregistered memorandum of lease number NO-15717-OTH (which affects Allotment 15 Parish of Muriwhenua herein) to Juken Nissho Limited (dated 14 April 1998). Subject to an unregistered deed of agreement and access to Muriwhenua Incorporation dated 8 September 2004 (affects Allotment 16 Parish of Muriwhenua). Subject to the right of way easement in gross referred to in section 24(3) (affects Allotment 16 Parish of Muriwhenua). |
||
| Te Hāpua School site B |
North Auckland Land District—Far North District 0.9814 hectares, approximately, being Part Pakohu 2A. Part Gazette notice A581504. Subject to survey. 0.1788 hectares, approximately, being Part Pakohu 2B2M2. Part Gazette notice B418045.1. Subject to survey. As shown on OTS-088-26. |
Subject to the lease referred to in section 25(3)(a). Subject to, or together with, the easements referred to in section 25(3)(b), if any. |
||
| Tirirangi Urupā |
North Auckland Land District—Far North District 3.5905 hectares, more or less, being Section 18 SO 469373. Part computer interest register 629523. |
Subject to the easement for a right to convey water referred to in section 27(3). |
Properties vested in fee simple subject to conservation covenant
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Mokaikai Pā |
North Auckland Land District—Far North District 6.2695 hectares, more or less, being Section 4 SO 470881. Part computer freehold registers NA738/244 (½ share), NA2108/28 (⅜ share), and NA1A/1450 (⅛ share). |
Subject to the conservation covenant referred to in section 28(3). Subject to an unregistered concession NO-21987-OTH–Beehives to Watson & Murray Associates (dated 22 December 2008). |
||
| Wairoa Pā |
North Auckland Land District—Far North District 2.4030 hectares, more or less, being Section 3 SO 470881. Part computer freehold registers NA738/244 (½ share), NA2108/28 (⅜ share), and NA1A/1450 (⅛ share). |
Subject to the conservation covenant referred to in section 29(3). Subject to an unregistered concession NO-21987-OTH–Beehives to Watson & Murray Associates (dated 22 December 2008). |
||
| Wharekawa Pā |
North Auckland Land District—Far North District 2.1150 hectares, more or less, being Section 2 SO 470881. Part computer freehold registers NA738/244 (½ share), NA2108/28 (⅜ share), and NA1A/1450 (⅛ share). |
Subject to the conservation covenant referred to in section 30(3). Subject to an unregistered concession NO-21987-OTH–Beehives to Watson & Murray Associates (dated 22 December 2008). |
Properties vested in fee simple to be administered as reserves
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Kapowairua |
North Auckland Land District—Far North District 230.5050 hectares, more or less, being Sections 15, 16, 19, 20, and 21 SO 469373. Part computer interest register 629523. 78.9200 hectares, more or less, being Section 17 SO 469373. Part computer interest register 629523. |
Subject to being a recreation reserve, as referred to in section 31(3) (affects Sections 15, 16, 19, 20, and 21 SO 469373). Subject to the right of way easement in gross referred to in section 31(7)(a) (affects Section 15 SO 496373). Subject to the easement for a right to convey water referred to in section 31(7)(b) (affects Section 15 SO 469373). Subject to an unregistered memorandum of lease NO-15717-OTH to Juken Nissho Limited (dated 14 April 1998) (affects Section 16 SO 469373). Subject to an unregistered grazing licence NO-21731-GRA to Muriwhenua Incorporation (dated 25 September 2009) (affects Section 19 SO 469373). Subject to an unregistered guiding concession CA-22579-GUI to Sidetracks Limited (dated 21 September 2009) (affects Section 15 SO 469373). |
||
|
Subject to being a scenic reserve, as referred to in section 31(5) (affects Section 17 SO 469373). Subject to an unregistered guiding concession NO-28861-GUI to Ngati Kuri Trust Board (dated 12 November 2010). Subject to an unregistered guiding concession 23304-LAN to Philip Cross (dated 12 August 2008). |
||||
| Mokaikai |
North Auckland Land District—Far North District 2938.0000 hectares, more or less, being Section 1 SO 470881. Part computer freehold registers NA738/244 (½ share), NA2108/28 (⅜ share), and NA1A/1450 (⅛ share), and Part Gazette notice B322652.2. |
Subject to being a scenic reserve, as referred to in section 32(3). Subject to the right of way easement in gross referred to in section 32(7). Subject to an unregistered concession NO-21987-OTH to Watson & Murray Associates Limited (dated 22 December 2008). Together with the right of way easement referred to in section 32(5). |
||
| Te Raumanuka |
North Auckland Land District—Far North District 71.9800 hectares, more or less, being Section 3 SO 470882. Part Proclamation B342446.1. |
Subject to being a historic reserve, as referred to in section 33(3). Subject to the right of way easement in gross referred to in section 33(5). |
||
| Te Rerenga Wairua |
North Auckland Land District—Far North District 78.6600 hectares, more or less, being Section 1 SO 469373. Part computer interest register 629523 and Part Gazette notice B196031.1. |
Subject to being a historic reserve, as referred to in section 34(3). Subject to the right of way easement in gross referred to in section 34(5)(a). Subject to the right of way easement in gross referred to in section 34(5)(b). Subject to the lease referred to in section 34(5)(c). Subject to an unregistered guiding concession PAC-10-06-229 to Black Sheep Touring Company Ltd (dated 19 November 2007). Subject to an unregistered guiding concession CA-22579-GUI to Sidetracks Ltd (dated 21 September 2009). Subject to an unregistered concession NO-27117-OTH to Wayne Petera (dated 20 December 2009). |
||
| Mai i Waikanae ki Waikoropūpūnoa |
North Auckland Land District—Far North District 18.7500 hectares, more or less, being Section 2 SO 470146. Part Gazette notice C195138.1. |
Subject to being a scenic reserve, as referred to in section 35(4). Subject to the protective covenant certificate C626733.1. Subject to Crown forestry licence registered as C312828.1F and held in computer interest register NA100A/1. Together with a right of way easement created by D592406A.2. Subject to a notice pursuant to section 195(2) of the Climate Change Response Act 2002 registered as Instrument 9109779.1. |
||
| Mai i Hukatere ki Waimahuru |
North Auckland Land District—Far North District 80.8425 hectares, more or less, being Sections 8, 9, and 10 SO 469833. Part Gazette notice B342446.1 and Part Gazette 1966, p 1435. |
Subject to being a scenic reserve, as referred to in section 36(4). Subject to the protective covenant certificate C626733.1. Subject to Crown Forestry licence registered as C312828.1F and held in computer interest register NA100A/1. Together with a right of way easement created by D145215.1 (affects the part formerly Lot 1 DP 136868). Subject to a Notice pursuant to section 195(2) of the Climate Change Response Act 2002 registered as Instrument 9109779.1 (affects the parts formerly Part Lot 1 DP 136869, Part Lot 1 DP 136868, and Part Lot 1 DP 137713). |
||
| Mai i Ngāpae ki Waimoho |
North Auckland Land District—Far North District 44.2385 hectares, more or less, being Sections 1, 2, 3, and 4 SO 469833. Part Gazette 1966, p 1435. |
Subject to being a scenic reserve, as referred to in section 37(4). Subject to the protective covenant certificate C626733.1. Subject to Crown Forestry licence registered as C312828.1F and held in computer interest register NA100A/1. Subject to a Notice pursuant to section 195(2) of the Climate Change Response Act 2002 registered as Instrument 9109779.1. Subject to a notice pursuant to section 91 of the Government Roading Powers Act 1989 created by Instrument D538881.1 (affects the part formerly Lot 1 DP 137714). |
||
| Mai i Waimimiha ki Ngāpae |
North Auckland Land District—Far North District 72.1300 hectares, more or less, being Section 1 SO 469396. |
Subject to being a scenic reserve, as referred to in section 38(3). |
Lake and lakebed properties vested in fee simple
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Bed of Lake Ngākeketo |
North Auckland Land District—Far North District 11.5100 hectares, more or less, being Section 6 SO 469373. Part computer interest register 629523. |
Subject to the conservation covenant referred to in section 40(3). |
||
| Waihopo Lake property |
North Auckland Land District—Far North District 20.4600 hectares, more or less, being Section 1 SO 68594. Part Proclamation B342446.1. |
Part 2 Alternative description for Te Hāpua School site B
| Name of property | Description | Interests | ||
|---|---|---|---|---|
| Te Hāpua School site B |
North Auckland Land District—Far North District 1.2014 hectares, more or less, being Pakohu 2A. Part Gazette notice A581504. 0.1788 hectares, approximately, being Part Pakohu 2B2M2. Part Gazette notice B418045.1. Subject to survey. As shown on OTS-088-26 together with the land labelled |
Subject to the lease referred to in section 25(3)(a). |
Schedule 2 Te Oneroa-a-Tohe redress
ss 6(5)(b), 61, 63(5), 73(1), 78
Contents
Part 1 Procedural and other matters relevant to Board
Matters relevant to appointments
1 Term of appointment of members of Board
(1)
Members of the Board are appointed for a term of 3 years unless a member is discharged or resigns earlier.
(2)
An appointer may, at the discretion of the appointer, discharge or reappoint a member appointed by that appointer.
(3)
A member appointed by an iwi appointer or the Te Hiku Community Board may resign by giving written notice to the relevant appointer.
2 Vacancies
(1)
If a vacancy occurs on the Board, the relevant appointer must fill the vacancy as soon as is reasonably practicable.
(2)
A vacancy does not prevent the Board from continuing to carry out its functions.
3 Chairperson and deputy chairperson
(1)
At the first meeting of the Board,—
(a)
the iwi members must, by simple majority of those members present and voting, appoint a member of the Board to be the chairperson of the Board; and
(b)
the Board must, by simple majority of those members present and voting, appoint a member of the Board to be the deputy chairperson of the Board.
(2)
The chairperson may be reappointed as chairperson, or removed from that office, by simple majority of the iwi members of the Board present and voting.
(3)
The deputy chairperson may be reappointed as deputy chairperson, or removed from that office, by simple majority of all members of the Board present and voting.
(4)
The appointments under subclause (1) are for a term of 3 years, unless—
(a)
the chairperson resigns earlier or is removed from that office by simple majority of the iwi members present and voting; or
(b)
the deputy chairperson resigns earlier or is removed from that office by simple majority of all the members of the Board present and voting.
Procedural matters
4 Board to regulate own procedure
The Board must regulate its own procedures unless expressly provided for otherwise by or under subpart 2 of Part 2 or this schedule.
5 Standing orders
(1)
At the first meeting of the Board, the Board must adopt a set of standing orders for the operation of the Board.
(2)
The Board may amend the standing orders at any time.
(3)
The standing orders adopted by the Board must not contravene—
(a)
subpart 2 of Part 2 or this schedule; or
(b)
tikanga Māori; or
(c)
subject to paragraph (a), the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other enactment.
(4)
Board members must comply with the standing orders of the Board.
6 Meetings of Board
(1)
At the first meeting of the Board, the Board must agree a schedule of meetings that will allow the Board to achieve its purpose and carry out its functions.
(2)
The Board must review the schedule of meetings regularly to ensure that it continues to meet the requirements of subclause (1).
(3)
The quorum for a meeting of the Board is not fewer than 5 members, comprising—
(a)
at least 2 members appointed by the iwi appointers; and
(b)
at least 2 members appointed by the Councils and Te Hiku Community Board; and
(c)
the chairperson or deputy chairperson.
7 Decision making
(1)
The decisions of the Board must be made by vote at a meeting.
(2)
The Board must seek to obtain a consensus among its members, but if, in the opinion of the chairperson (or the deputy chairperson, if the chairperson is not present), consensus is not practicable after a reasonable discussion, a decision may be made by a minimum of 70% of those members present and voting at a meeting of the Board.
(3)
The chairperson and deputy chairperson of the Board may vote on any matter but do not have casting votes.
(4)
The members of the Board must approach decision making in a manner that—
(a)
is consistent with, and reflects, the purpose of the Board; and
(b)
acknowledges, as appropriate, the interests of relevant Te Hiku o Te Ika iwi in any relevant parts of the Te Oneroa-a-Tohe management area.
8 Declaration of interest
(1)
Each member of the Board must disclose any actual or potential interest in a matter to the Board.
(2)
The Board must maintain an interests register in which it records details of the actual or potential interests disclosed to the Board.
(3)
The affiliation of a member to an iwi or a hapū with customary interests in the Te Oneroa-a-Tohe management area is not an interest that must be disclosed.
(4)
A member of the Board is not precluded by the Local Authorities (Members’ Interests) Act 1968 from discussing or voting on a matter merely because—
(a)
the member is affiliated to an iwi or a hapū that has customary interests in or over the Te Oneroa-a-Tohe management area; or
(b)
the economic, social, cultural, and spiritual values of an iwi or a hapū and its relationship with the Board are advanced by, or reflected in,—
(i)
the subject matter under consideration; or
(ii)
any decision by, or recommendation of, the Board; or
(iii)
the participation of the member in the matter under consideration.
(5)
For the purposes of this clause, a member of the Board has an actual or a potential interest in a matter if that member—
(a)
may derive a financial benefit from the matter; or
(b)
is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or
(c)
may have a financial interest in a person to whom the matter relates; or
(d)
is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or
(e)
is otherwise directly or indirectly materially interested in the matter.
(6)
However, a member does not have an interest in a matter if that interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in carrying out responsibilities as a member of the Board.
(7)
In this clause,—
interest does not include an interest that a member may have through an affiliation with an iwi or a hapū that has customary interests in the Te Oneroa-a-Tohe management area
matter means—
(a)
the Board’s performance of its functions or exercise of its powers; or
(b)
an arrangement, agreement, or a contract made or entered into, or proposed to be entered into, by the Board.
9 Performance of Board members
(1)
If the Board considers that a member of the Board has acted or is acting in a manner that is not in the best interests of the Board, the Board may determine, by a minimum majority of 70% of its members present and voting at a meeting, to give written notice of the matter to the appointer of the member concerned.
(2)
A notice given under subclause (1) must—
(a)
set out the basis for the Board’s decision to give notice; and
(b)
be copied and delivered to the Board member concerned on the same working day that it is given to the appointer concerned.
(3)
The appointer concerned may give written notice to the Board seeking clarification of any matters relating to the Board’s notice.
(4)
The Board must provide clarification on the matters requested by the appointer concerned.
10 Investigation of, and decision on, matters raised in Board’s notice
(1)
In this clause, investigation date means the date when an appointer receives a notice from the Board under clause 9(1) or further information under clause 9(4), whichever is the later.
(2)
The appointer must—
(a)
undertake an investigation of the matters set out in the Board’s notice; and
(b)
not later than 15 working days after the investigation date, prepare a preliminary report and provide it to the Board; and
(c)
not later than 20 working days after the investigation date, meet with the Board or a subcommittee of the Board to discuss the preliminary report; and
(d)
not later than 5 working days after that meeting, give written notice of the appointer’s decision to—
(i)
the Board; and
(ii)
the member concerned.
(3)
If the decision referred to in subclause (2)(d) is to discharge the member concerned, the appointer must—
(a)
discharge the member from the Board by written notice; and
(b)
appoint a new member as soon as is reasonably practicable.
(4)
If the appointer considers that the circumstances do not justify the discharge of the member concerned, the appointer need take no further action.
11 Reporting and review by Board
(1)
The Board must report annually in writing to the appointers, setting out—
(a)
the activities of the Board during the preceding 12 months; and
(b)
how those activities are relevant to the purpose and functions of the Board.
(2)
The appointers—
(a)
must, on the date that is 3 years after the date of the first meeting of the Board, commence to review the performance of the Board, including whether, and the extent to which,—
(i)
the purpose of the Board is being achieved; and
(ii)
the functions of the Board are being effectively carried out; and
(b)
may undertake any subsequent review of the Board at a time agreed by all the appointers.
(3)
After the review required by subclause (2)(a) or other review undertaken under subclause (2)(b), the appointers may make recommendations to the Board on relevant matters arising from a review.
12 Responsibility for administration of Board
(1)
The Councils jointly must provide technical and administrative support to the Board in the performance of its functions.
(2)
The Northland Regional Council must—
(a)
hold any funds on behalf of the Board as a separate and identifiable ledger item; and
(b)
expend those funds as directed by the Board.
Part 2 Preparation, approval, and review of beach management plan
13 Process for preparing draft plan
(1)
The Board must, not later than 3 months after its first meeting, commence preparation of a draft beach management plan (draft plan), which must be completed not later than 2 years after that first meeting.
(2)
In preparing a draft plan, the Board—
(a)
may consult, and seek comment from, any appropriate persons and organisations; and
(b)
must ensure that the draft plan is consistent with the purpose of and priority matters for the plan, as set out in section 74(1); and
(c)
must consider and document the potential alternatives to, and potential benefits and costs of, the matters provided for in the draft plan.
(3)
The Board may request reports or advice from the Councils, to assist it in—
(a)
the preparation of the draft plan; or
(b)
approval of the beach management plan.
(4)
The Councils must comply with a request where it is reasonably practicable to do so.
(5)
The obligation under subclause (2)(b) applies only to the extent that it is proportionate to the nature and contents of the plan.
14 Notification of draft plan
(1)
After the Board has prepared a draft plan under clause 13, the Board must give public notice of the draft plan stating that—
(a)
the draft plan is available for public inspection at the places and times specified in the notice; and
(b)
any individuals or bodies may lodge submissions on the draft plan with the Board and specifying—
(i)
the manner in which submissions must be lodged (which may be in writing, including by electronic means); and
(ii)
the place and latest date for lodging any submission; and
(c)
submitters may indicate that they wish to be heard in support of their submissions.
(2)
In addition, the Board may notify the draft plan by any other means.
(3)
The Board must make the draft plan available for public inspection in accordance with the advice given in the public notice.
(4)
The date specified under subclause (1)(b)(ii) must be not later than 20 working days after the date of the publication of the notice given under subclause (1).
(5)
Prior to any hearing of submissions, the Board must prepare and make publicly available a summary of the submissions received.
15 Hearing
If a submitter requests to be heard, the Board must give written notice of the date and time of the hearing not less than 10 working days before the date of the hearing and conduct a hearing accordingly.
16 Approval and notification of beach management plan
(1)
The Board—
(a)
must consider any written and oral submissions, to the extent that they are consistent with the purpose of the draft plan; and
(b)
may amend the draft plan; and
(c)
must approve the draft plan as the beach management plan.
(2)
The Board—
(a)
must give public notice of the beach management plan; and
(b)
may notify it by any other means the Board considers appropriate; and
(c)
must make available for public inspection a report that identifies how submissions were addressed by the Board.
(3)
The notice given under subclause (2) must specify—
(a)
the place where and times when the beach management plan is available for public inspection, which—
(i)
must include the local offices of the Councils; and
(ii)
may include the offices of other appropriate agencies; and
(b)
the date on which the beach management plan comes into force.
(4)
The beach management plan comes into force on the date specified in the notice.
17 Review of beach management plan
(1)
The Board must commence a review of the beach management plan not later than 10 years after—
(a)
the approval of the first beach management plan; and
(b)
the completion of each succeeding review.
(2)
If the Board considers, as a result of a review, that the beach management plan should be amended—
(a)
in a material way, the amended beach management plan must be prepared and approved in accordance with clauses 13 to 16 as if references in those clauses to the preparation of the draft plan were references to the review of the plan; or
(b)
in a way that is of minor effect, the amended plan may be approved in accordance with clause 16(1)(c) and (2).
Schedule 3 Korowai
ss 6(5)(c), 79, 80, 81, 83, 105, 106, 107
Contents
Part 1 Te Hiku o Te Ika Conservation Board: membership and procedures
1 Interpretation
In this schedule,—
customary materials means—
(a)
dead protected animals or parts of such animals:
(b)
plants or plant material or parts of plants
nominator means each of the entities specified in section 83(1)(a) or (2)(a) and (b) (as the case may require).
2 Application of Conservation Act 1987
(1)
The following provisions of the Conservation Act 1987 do not apply—
(a)
to the Conservation Board as a whole established by section 81:
(i)
section 6L(2) and (3) (relating to the name and area of a board):
(ii)
section 6P(1) and (5) to (7D) (relating to membership):
(iii)
section 6T(3) and (4) (relating to the rules for a quorum and for voting); or
(b)
to the members of the Conservation Board appointed on the nomination of the nominators in accordance with section 83(1)(a) or (2)(a) and (b) (as the case may require):
(i)
section 6P(2) to (4) (relating to membership):
(ii)
section 6R(2) and (4A) (relating to the term of office).
(2)
The following provisions of the Conservation Act 1987 apply to the Conservation Board, but in the manner provided for by this subclause:
(a)
section 6O (which relates to the annual report), except that the Conservation Board must provide the report to the nominators at the same time as it is provided to the Conservation Authority:
(b)
section 6R(3) (which relates to giving notice of resignation), except that notice must be given to the Conservation Board at the same time as to the Minister:
(c)
section 6S(1) (which relates to the appointment of a chairperson), except that the members of the Conservation Board, rather than the Minister, are to appoint the first chairperson:
(d)
section 6T(5) (which relates to the voting rights of the chairperson), except that the chairperson does not have a casting vote.
3 Appointments by Minister
(1)
In appointing members of the Board under section 83(1)(a) or (2)(a) and (b) (as the case may require), the Minister may appoint only the persons nominated by each of the nominators.
(2)
However, if the Minister is concerned that a person nominated is not able properly to discharge the obligations of a Board member, the Minister must—
(a)
advise the relevant nominator of any concern and seek to resolve the concern with that nominator; and
(b)
if the concern is not resolved, seek an alternative nomination from the relevant nominator until the Minister is satisfied that the person nominated is able properly to discharge the obligations of a Board member; and
(c)
appoint that member.
(3)
The Minister must remove a member of the Board appointed under section 83(1)(a) or (2)(a) and (b) (as the case may require) if requested in writing to do so by the relevant nominator.
4 Replacement of members
(1)
If the Minister is concerned that a member of the Conservation Board appointed on the nomination of a nominator is no longer able properly to discharge the obligations of a member of the Board, the Minister must—
(a)
inform the relevant nominator in writing of the Minister’s concern; and
(b)
seek to resolve the concern through discussion with the nominator; and
(c)
remove the member if the concern is not resolved; and
(d)
if paragraph (c) applies, request a new nomination from the relevant nominator; and
(e)
appoint a new member of the Conservation Board in accordance with clause 3 when the Minister has received an appropriate nomination.
(2)
If Te Hiku o Te Ika iwi are concerned that a member of the Conservation Board appointed by the Minister under section 83(1)(b) or (2)(c) (as the case may require) is not able properly to discharge the obligations of a member of the Conservation Board,—
(a)
Te Hiku o Te Ika iwi may give written notice to the Minister setting out the nature of the concern; and
(b)
the Minister must consider the matters set out in the notice; and
(c)
if the Minister is concerned that the member is not able properly to discharge the obligations of a member of the Conservation Board for a reason given in section 6R(2) of the Conservation Act 1987, the Minister—
(i)
may remove that member; and
(ii)
must give notice in writing to Te Hiku o Te Ika iwi of the outcome of the process undertaken under this subclause.
5 Quorum and voting
(1)
The quorum for a meeting of the Conservation Board is as follows:
(a)
2 of the members appointed by the nominators under section 83(1)(a) and 2 of the members appointed by the Minister under section 83(1)(b), if the Conservation Board has 8 members; or
(b)
3 of the members appointed by the nominators and the Ngāti Kahu governance entity under section 83(2)(a) and (b) and 3 of the members appointed by the Minister under section 83(2)(c), if the Conservation Board has 10 members.
(2)
Decisions of the Conservation Board must be made—
(a)
by vote at a meeting of the Conservation Board; and
(b)
by a minimum majority of 70% of the members present and voting at the meeting.
Part 2 Decision-making framework
6 Scope of decision-making framework
(1)
Not later than the settlement date, the parties must, in a spirit of co-operation, discuss and agree a schedule that identifies—
(a)
any decisions of a kind that do not require the application of the decision-making framework comprising the 6 stages set out in clauses 7 to 12; and
(b)
any decisions of a kind for which that decision-making framework may be modified, and the nature of that modification; and
(c)
how the decision-making framework may be modified to reflect the need for decisions to be made at a national level that may affect the areas of interest of Te Hiku o Te Ika iwi.
(2)
Agreements made under subclause (1) must recognise the need to achieve a balance between—
(a)
providing for the interests of Te Hiku o Te Ika iwi in decision making on conservation matters; and
(b)
allowing the Minister and Director-General to—
(i)
carry out their statutory functions; and
(ii)
make decisions in an efficient and a timely manner, including decisions made at a national level that affect the areas of interest of Te Hiku o Te Ika iwi.
(3)
The parties may, from time to time, agree to review the schedule required by this clause.
(4)
Te Hiku o Te Ika iwi may, from time to time, by written notice to the Director-General, waive their rights under the decision-making framework, stating the extent and duration of any waiver.
(5)
The parties must—
(a)
maintain open communication with each other on the effectiveness of the decision-making framework; and
(b)
not later than 2 years after the settlement date, jointly commence a review of the framework.
Decision-making framework
7 Stage 1 of decision-making framework
The Director-General must notify Te Hiku o Te Ika iwi in writing that a particular decision is to be made and specify—
(a)
the nature of the decision; and
(b)
the time within which Te Hiku o Te Ika iwi must provide a response.
8 Stage 2 of decision-making framework
Within the specified time, Te Hiku o Te Ika iwi governance entities must notify the Director-General in writing of—
(a)
the nature and degree of the interest of the relevant Te Hiku o Te Ika iwi in the relevant decision; and
(b)
the views of Te Hiku o Te Ika iwi about that decision.
9 Stage 3 of decision-making framework
The Director-General must respond in writing to Te Hiku o Te Ika iwi confirming—
(a)
the Director-General’s understanding of the matters expressed by Te Hiku o Te Ika iwi under clause 8; and
(b)
how those matters will be addressed in the decision-making process; and
(c)
any issues that arise from those matters.
10 Stage 4 of decision-making framework
(1)
The person with statutory responsibility for making any decision specified under clause 7 must—
(a)
consider the response of the Director-General to Te Hiku o Te Ika iwi under clause 9 and any further response from Te Hiku o Te Ika iwi to the Director-General; and
(b)
consider whether it is possible, in making the particular decision, to reconcile any conflict between the interests and views of Te Hiku o Te Ika iwi and other considerations relevant to the decision-making process; and
(c)
make the decision in accordance with the relevant conservation legislation.
(2)
In making the decision, the decision maker must, if a relevant Te Hiku o Te Ika iwi interest is identified,—
(a)
comply with section 104; and
(b)
if the circumstances justify it, give a reasonable degree of preference to the interests of Te Hiku o Te Ika iwi.
11 Stage 5 of decision-making framework
The decision maker referred to in clause 10(1) must, as part of the decision document, record in writing—
(a)
the nature and degree of Te Hiku o Te Ika iwi interest in the particular decision and the views of Te Hiku o Te Ika iwi notified to the Director-General under clause 8; and
(b)
how, in making the particular decision, the decision maker complied with section 4 of the Conservation Act 1987.
12 Stage 6 of decision-making framework
The decision maker referred to in clause 10(1) must forward the particular decision to Te Hiku o Te Ika iwi, including the matters recorded under clause 11.
Part 3 Customary materials plan
13 Contents of customary materials plan
(1)
The customary materials plan required by section 105 must—
(a)
provide a tikanga Māori perspective on customary materials; and
(b)
identify the species of plants from which material may be taken; and
(c)
identify the species of dead protected animals that may be possessed; and
(d)
identify the sites within conservation protected areas for customary taking of plant materials; and
(e)
identify the methods permitted for customary taking of plant materials from those areas and the quantity permitted; and
(f)
identify protocols for the possession of dead protected animals; and
(g)
specify monitoring requirements.
(2)
The customary materials plan must include the following information about the species identified in the plan:
(a)
the taxonomic status of a species; and
(b)
whether a species is threatened or rare; and
(c)
the current state of knowledge about a species; and
(d)
whether a species is the subject of a species recovery plan under the Wildlife Act 1953; and
(e)
any other similar relevant information.
(3)
The customary materials plan must include any other matters relevant to the customary taking of plant materials or the possession of dead protected animals as may be agreed by the parties.
14 Review of customary materials plan
(1)
The parties must commence a review of the first customary materials plan agreed under section 105 not later than 24 months after the settlement date.
(2)
The parties may agree to commence subsequent reviews of the customary materials plan at intervals of not more than 5 years after the date that the previous review is completed.
15 Issuing of authorisations under plan
Te Hiku o Te Ika iwi may issue an authorisation to a member of Te Hiku o Te Ika iwi to take plant materials or possess dead protected animals—
(a)
in accordance with the customary materials plan; and
(b)
without the requirement for a permit or other authorisation under the relevant conservation legislation.
16 Conservation issues arising from authorisations made under plan
(1)
If either of the parties identifies any conservation issue arising from the implementation of the customary materials plan, or affecting the exercise of any rights under the plan, the parties jointly must—
(a)
seek to address the issue; and
(b)
endeavour to resolve the issue by measures that may include—
(i)
the Director-General considering restrictions to granting authorisations under clause 15; and
(ii)
the parties agreeing to amend the plan.
(2)
If the Director-General is not satisfied that a conservation issue has been appropriately addressed following the process under subclause (1),—
(a)
the Director-General may notify Te Hiku o Te Ika iwi that a particular provision of the plan is suspended; and
(b)
on and from the date specified in the notice, clause 15 will not apply to the provision of the plan that has been suspended.
(3)
If the Director-General takes action under subclause (2), the parties jointly must continue to seek to resolve the conservation issue with the objective of the Director-General revoking the suspension imposed under subclause (2)(a) as soon as practicable.
Part 4 Wāhi tapu framework
17 Wāhi tapu framework
The trustees may provide to the Director-General—
(a)
a description of wāhi tapu on conservation land within the Ngāti Kuri area of interest; and
(b)
any further information in relation to those wāhi tapu, including—
(i)
their general locations and a description of the sites; and
(ii)
the nature of the wāhi tapu; and
(iii)
the hapū and iwi kaitiaki associated with the wāhi tapu.
18 Notice of intention to enter into wāhi tapu management plan
(1)
The trustees may give notice in writing to the Director-General that a wāhi tapu management plan for the wāhi tapu identified in the wāhi tapu framework is to be entered into by the trustees and the Director-General.
(2)
If a notice is given under subclause (1), the trustees and the Director-General must discuss and seek to agree a wāhi tapu management plan for the identified wāhi tapu.
19 Contents of wāhi tapu management plan
(1)
The wāhi tapu management plan agreed under clause 18 may—
(a)
include any information about wāhi tapu on conservation land that the trustees and the Director-General consider appropriate; and
(b)
provide for the persons identified by the trustees to undertake management activities in relation to specified wāhi tapu.
(2)
If the wāhi tapu management plan provides for management activities to be undertaken, the plan—
(a)
must specify the scope and duration of the activities that may be undertaken; and
(b)
constitutes lawful authority for the specified activities, as if an agreement had been entered into with the Director-General under section 53 of the Conservation Act 1987.
20 Preparation of management plan
A wāhi tapu management plan must be—
(a)
prepared without undue formality and in the manner agreed between the Director-General and the trustees; and
(b)
reviewed at intervals agreed by the Director-General and the trustees; and
(c)
if the Director-General and the trustees consider it appropriate, made publicly available.
Part 5 Decisions concerning Te Rerenga Wairua Reserve
21 Interpretation
In this Part,—
3 iwi means—
(a)
Ngāti Kuri; and
(b)
Te Aupouri; and
(c)
NgāiTakoto
relevant application means an application, in relation to all or part of Te Rerenga Wairua Reserve, for—
(a)
a concession under section 59A of the Reserves Act 1977:
(b)
any other authorisation under the Reserves Act 1977:
(c)
a permit or an authorisation under the Wildlife Act 1953:
(d)
an access arrangement under the Crown Minerals Act 1991
relevant process means a proposal, in relation to all or part of Te Rerenga Wairua Reserve, to—
(a)
exchange the reserve for other land under section 15 of the Reserves Act 1977:
(b)
revoke the reservation or change the classification of the reserve under section 24 of the Reserves Act 1977:
(c)
change the management or control of the reserve under sections 26 to 38 of the Reserves Act 1977:
(d)
prepare a conservation management plan for the reserve under section 40B of the Reserves Act 1977.
22 Matters on which decisions required
(1)
If a relevant process is commenced or a relevant application received that relates to Te Rerenga Wairua Reserve, the Director-General must give an initial notice of the commencement of the process or the receipt of the application to the 3 iwi.
(2)
The initial notice must—
(a)
include sufficient information to allow the 3 iwi to understand the nature of the relevant process or relevant application; and
(b)
be given as soon as practicable after the relevant process is commenced or the relevant application received.
(3)
The Director-General must subsequently give a further notice (the decision notice) that—
(a)
specifies the date by which a decision is required from the 3 iwi and the Minister or the Director-General, as the case may be; and
(b)
sets out all the information relevant to making an informed decision; and
(c)
includes, if relevant, a briefing or report on the relevant process or relevant application—
(i)
from the Department of Conservation; and
(ii)
to the 3 iwi and the Minister or the Director-General, as the case may be.
(4)
The decision notice must be given—
(a)
at the time that the Department of Conservation provides the briefing or report under subclause (3)(c); or
(b)
if no briefing or report is prepared, at the time the relevant process or relevant application has reached the stage where a decision may be made.
23 Method of decision making
The 3 iwi and the Director-General—
(a)
must maintain open communication with each other concerning the relevant process or relevant application; and
(b)
may meet to discuss the relevant process or relevant application; and
(c)
must notify each other, not later than the date specified under clause 22(3)(a), of their decisions concerning the relevant process or relevant application.
24 Effect of decisions
(1)
A relevant process may proceed only with the agreement of each of the 3 iwi and the Minister (or the Director-General, as appropriate).
(2)
A relevant application may be granted only with the agreement of each of the 3 iwi and the Minister (or the Director-General, as appropriate).
(3)
The 3 iwi or the Minister (or the Director-General, as appropriate) may initiate a dispute resolution process if the 3 iwi or the Minister (or the Director-General, as appropriate) considers it necessary or appropriate to resolve any matter concerning a relevant process or relevant application.
Schedule 4 Ngāti Kuri statutory areas
| Statutory area | Location | |
|---|---|---|
| Motuopao Island | As shown on OTS-088-04 | |
| Kermadec Islands (Rangitāhua) (recorded name being Kermadec Islands) | As shown on OTS-088-05 | |
| Manawatāwhi / Three Kings Islands | As shown on OTS-088-06 | |
| Paxton Point Conservation Area (including Rarawa Beach camp ground) | As shown on OTS-088-07 |
Schedule 5 Notices relating to RFR land
ss 6(5)(e), 152, 175, 181
1 Requirements for giving notice
A notice by or to an RFR landowner, or the trustees of an offer trust or a recipient trust, under subpart 4 of Part 3 must be—
(a)
in writing and signed by—
(i)
the person giving it; or
(ii)
at least 2 of the trustees, for a notice given by the trustees of an offer trust or a recipient trust; and
(b)
addressed to the recipient at the street address, postal address, fax number, or electronic address,—
(i)
for a notice to the trustees of an offer trust or a recipient trust, specified for those trustees in accordance with the relevant deed of settlement, or in a later notice given by those trustees to the RFR landowner, or identified by the RFR landowner as the current address, fax number, or electronic address of those trustees; or
(ii)
for a notice to an RFR landowner, specified by the RFR landowner in an offer made under section 155, or in a later notice given to the trustees of an offer trust or identified by those trustees as the current address, fax number, or electronic address of the RFR landowner; and
(c)
for a notice given under section 172 or 174, addressed to the chief executive of LINZ at the Wellington office of LINZ; and
(d)
given by—
(i)
delivering it by hand to the recipient’s street address; or
(ii)
posting it to the recipient’s postal address; or
(iii)
faxing it to the recipient’s fax number; or
(iv)
sending it by electronic means such as email.
2 Use of electronic transmission
Despite clause 1, a notice given in accordance with subclause (1)(a) may be given by electronic means as long as the notice is given with an electronic signature that satisfies section 226(1)(a) and (b) of the Contract and Commercial Law Act 2017.
Schedule 5 clause 2: amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
3 Time when notice received
(1)
A notice is to be treated as having been received—
(a)
at the time of delivery, if delivered by hand; or
(b)
on the fourth day after posting, if posted; or
(c)
at the time of transmission, if faxed or sent by other electronic means.
(2)
However, a notice is to be treated as having been received on the next working day if, under subclause (1), it would be treated as having been received—
(a)
after 5 pm on a working day; or
(b)
on a day that is not a working day.
Notes
1 General
This is a consolidation of the Ngāti Kuri Claims Settlement Act 2015 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
Education and Training Act 2020 (2020 No 38): section 668
Trusts Act 2019 (2019 No 38): section 161
Contract and Commercial Law Act 2017 (2017 No 5): section 347