The purpose of this Act is—

• (a) to record the acknowledgements and the apology given by the Crown to the Affiliate in the deed of settlement dated 11 June 2008 and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Dr Michael Cullen, for the Crown, and by Eru George, Eva Moke, Wikeepa Te Rangipuawhe Maika, Anaru Rangiheuea, Te Poroa Joseph Malcolm, Ruka Hughes, Edwin McKinnon, John Waaka, Jim Schuster, Mita Pirika, Materoa Peni, Wallace Haumaha, Fred Cookson, Roger Pikia, and Te Po Hawaiki Wiringi Jones for the Affiliate; and

• (b) to give effect to certain provisions of the deed of settlement, which is a deed that settles the Affiliate historical claims.

This Act binds the Crown.

(1) This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.

(2) The preamble summarises the historical account set out in Part 7 of the deed of settlement.

(3) This Part, which follows the Title and commencement sections,—

• (a) sets out the purpose of the Act, records the acknowledgements and the apology given by the Crown to the Affiliate in the deed of settlement, and specifies that the Act binds the Crown; and

• (b) defines terms used in this Act, including key terms such as Affiliate and Affiliate historical claims; and

• (c) provides that the settlement of the Affiliate historical claims is final, and deals with related issues, including—

  • (i) a statement of the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in considering the Affiliate historical claims; and

  • (ii) provision for consequential amendments to the Treaty of Waitangi Act 1975; and

  • (iii) a statement of the effect of the settlement on certain memorials; and

  • (iv) miscellaneous matters relating to the settlement, namely, the exclusion of the law against perpetuities, the timing of actions or matters provided for in this Act, and access to the deed of settlement.

(4) Parts 2 and 3 provide for cultural redress and include provisions relating to the following matters:

• (a) the issue of protocols to the trustees, and the amendment and cancellation of those protocols, by the Minister for Arts, Culture and Heritage, the Minister of Conservation, and the Minister of Fisheries; and

• (b) acknowledgements by the Crown of the statements made by the Affiliate of its cultural, spiritual, historical, and traditional association with 9 statutory areas, together with provisions as to the effects of those acknowledgements; and

• (c) the vesting in the trustees of the fee simple estate in 24 cultural redress properties (2 of which may be delayed vestings and, in another case, with only an undivided half share vesting in the trustees, and the other half share vesting in the trustees of the Te Ariki trust); and

• (d) the delayed vesting of 2 properties in a Pikiao entity (in 1 case to be administered as a scenic reserve), and of 1 other property in the trustees; and

• (e) the 4 whenua rahui; and

• (f) the deed of recognition; and

• (g) the 3 specially classified reserves; and

• (h) the alteration and assignment of place names.

(5) Part 4 provides for commercial redress and includes provisions relating to the following matters:

• (a) the transfer of commercial redress properties to the trustees in accordance with the deed of settlement; and

• (b) the creation of easements in relation to the commercial redress properties; and

• (c) the creation of computer registers, and the effect of registration, in relation to the commercial redress properties; and

• (d) the application of other enactments in relation to the transfers; and

• (e) rights of access to protected sites, and the conditions applying to the access.

(6) There are 7 schedules that—

• (a) define the collective groups that together constitute the Affiliate, and contain other related definitions:

• (b) set out the meaning of Affiliate historical claims:

• (c) set out the statutory areas for which statutory acknowledgements and geothermal statutory acknowledgements are provided:

• (d) describe the nga whenua rahui:

• (e) describe the specially classified reserves:

• (f) describe the cultural redress properties:

• (g) describe other land related to the cultural redress properties.

Sections 7 and 8 record the acknowledgements and the apology given by the Crown to the Affiliate in the deed of settlement.

The text of the acknowledgements, as set out in the deed of settlement, is as follows:

(1) The Crown acknowledges that it has failed to deal with the longstanding grievances of the Affiliate in an appropriate way and that recognition of the grievances of the Affiliate is long overdue.

(2) The Crown acknowledges that—

• (a) it did not consult with the Affiliate on native land legislation prior to its enactment; and

• (b) the operation and impact of the native land laws, in particular the awarding of land to individuals and the enabling of individuals to deal with that land without reference to the iwi and hapu, made the lands of the Affiliate more susceptible to partition, fragmentation, and alienation. This contributed to the erosion of the traditional tribal structures of the Affiliate, which were based on collective tribal and hapu custodianship of land; and

• (c) it failed to take steps to adequately protect the traditional tribal structures of the Affiliate, and this had a prejudicial effect on the Affiliate and was a breach of the Treaty of Waitangi and its principles.

(3) The Crown acknowledges that the combined effect of certain Crown actions meant that the Crown failed to actively protect the interests of the Affiliate in the land they wished to retain, and that this was a breach of the Treaty of Waitangi and its principles. The actions include—

• (a) the Crown’s use of payments for land before title to the land was determined by the Native Land Court:

• (b) the aggressive purchase techniques employed on occasion by the Crown:

• (c) the Crown’s use and implementation of its monopoly powers over dealings in the land of the Affiliate.

(4) The Crown acknowledges that—

• (a) a large amount of Affiliate land has been alienated since 1840; and

• (b) the combined effect of the Crown’s actions and omissions has left some of the Affiliate virtually landless; and

• (c) its failure to ensure that all members of the Affiliate were left with sufficient land for their present and future needs was a breach of the Treaty of Waitangi and its principles.

(5) The Crown acknowledges that lands of particular significance to the Affiliate, including land at Te Ariki, Okere Falls, and lands with geothermal surface features at Orakei Korako and Rotorua Airport, were taken under public works legislation. The Crown acknowledges that these takings have impeded the ability of the Affiliate to exercise control over its taonga and wahi tapu and maintain and foster spiritual connections with those ancestral lands. This has resulted in a sense of grievance among the Affiliate that still exists today.

(6) The Crown acknowledges—

• (a) the generosity of the Affiliate in gifting land containing scenic sites to the nation; and

• (b) that, in the case of land gifted by Ngati Pikiao for the Rotoiti Scenic Reserve and at the time of gifting, the Crown had been undertaking measures to compulsorily acquire a greater area of land under the Scenery Preservation Act 1908.

(7) The Crown acknowledges that the Affiliate considers the geothermal resource a taonga. The Crown also acknowledges that the following matters have caused a sense of grievance within the Affiliate that is still held today:

• (a) the passing of the Geothermal Energy Act 1953; and

• (b) the loss of lands containing geothermal features for public works purposes.

(8) The Crown acknowledges that—

• (a) Affiliate expectations of an ongoing and mutually beneficial relationship with the Crown were not always realised; and

• (b) twentieth-century land development did not always provide the economic opportunities and benefits that the Affiliate expected.

(9) The Crown acknowledges that the Affiliate has been loyal to the Crown in honouring its obligations and responsibilities under the Treaty of Waitangi, especially, but not exclusively, in war service overseas by some of its members. The Crown pays tribute to the contribution made by the Affiliate to the defence of the nation.

The text of the apology, as set out in the deed of settlement, is as follows:

(1) The Crown recognises the efforts and struggles of the ancestors of the Affiliate in pursuit of their claims for redress, justice, and compensation and makes this apology to the members of the Affiliate, to their ancestors, and to their descendants.

(2) The Crown profoundly regrets and unreservedly apologises to the Affiliate for the breaches of the Treaty of Waitangi and its principles, acknowledged in section 7.

(3) The Crown profoundly regrets and unreservedly apologises for the cumulative effect of its actions over the generations, which have undermined tribal structures and had a damaging impact on the landholdings and development of the Affiliate.

(4) Accordingly, the Crown seeks to atone for these wrongs and assist the process of healing with this settlement, and looks forward to building a relationship of mutual trust and co-operation with the Affiliate.

It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.

In this Act, unless the context otherwise requires,—

(1) In this Act, Affiliate—

• (a) means the Iwi and Hapu of Te Arawa affiliated to the Te Pumautanga o Te Arawa trust, comprising the following collective groups (each of whom is defined in Part 1 of Schedule 1):

  • (i) Ngati Ngararanui (including Ngati Tamahika and Ngati Tuteaiti); and

  • (ii) Ngati Kearoa Ngati Tuara; and

  • (iii) Ngati Tura–Ngati Te Ngakau; and

  • (iv) Ngati Te Roro o Te Rangi; and

  • (v) Ngati Tuteniu; and

  • (vi) Ngati Uenukukopako; and

  • (vii) Tuhourangi Ngati Wahiao; and

  • (viii) Ngati Tahu–Ngati Whaoa; and

  • (ix) Ngati Pikiao (excluding Ngati Makino); and

  • (x) Ngati Rongomai; and

  • (xi) Ngati Tarawhai; and

• (b) includes every individual in a collective group.

(2) In this Act, Affiliate Ancestor means any of the following individuals (each of whom is defined in Part 2 of Schedule 1):

• (a) Ngati Ngararanui Ancestor:

• (b) Ngati Kearoa Ngati Tuara Ancestor:

• (c) Ngati Tura–Ngati Te Ngakau Ancestor:

• (d) Ngati Te Roro o Te Rangi Ancestor:

• (e) Ngati Tuteniu Ancestor:

• (f) Ngati Uenukukopako Ancestor:

• (g) Tuhourangi Ngati Wahiao Ancestor:

• (h) Ngati Tahu–Ngati Whaoa Ancestor:

• (i) Ngati Pikiao Ancestor:

• (j) Ngati Rongomai Ancestor:

• (k) Ngati Tarawhai Ancestor.

(3) For the purposes of Part 2 of Schedule 1, customary rights means rights according to the Affiliate tikanga, including rights—

• (a) to occupy land in the area of interest; and

• (b) in relation to the use of—

  • (i) land; or

  • (ii) other natural or physical resources.

(4) For the purposes of Schedule 1, a person is descended from another person if the first person is descended from the other by—

• (a) birth; or

• (b) legal adoption; or

• (c) Maori customary adoption in accordance with Te Arawa tikanga, being a blood child of a beneficiary of the Affiliate.

(1) In this Act, Affiliate historical claims—

• (a) means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that the Affiliate (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—

  • (i) is founded on a right arising—

    • (A) from the Treaty of Waitangi or its principles; or

    • (B) under legislation; or

    • (C) at common law (including aboriginal title and customary law); or

    • (D) from fiduciary duty; or

    • (E) otherwise; and

  • (ii) arises from, or relates to, acts or omissions before 21 September 1992—

    • (A) by, or on behalf of, the Crown; or

    • (B) by or under legislation; and

• (b) includes every claim to the Waitangi Tribunal to which paragraph (a) applies, including—

  • (i) all claims that relate exclusively to the Affiliate (or a representative entity), including those listed in Part 1 of Schedule 2; and

  • (ii) in the case of claims that relate both to the Affiliate (or a representative entity) and others, the claims listed in Part 2 of Schedule 2.

(2) However, Affiliate historical claims does not include the claims listed in Part 3 of Schedule 2.

(3) Subsection (1)(a) is not limited by subsection (1)(b).

(4) To avoid doubt, Affiliate historical claims includes Wai 32 and Wai 94, but only the parts of those claims that—

• (a) relate to the Affiliate (or a representative entity); and

• (b) have not been settled by the deeds or agreements referred to in clauses 4 and 5 of Part 3 of Schedule 2.

(1) The settlement of the Affiliate historical claims effected under the deed of settlement and this Act is final and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.

(2) Subsection (1) does not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.

(3) Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of—

• (a) any or all of the Affiliate historical claims; or

• (b) the deed of settlement; or

• (c) the redress provided to the trustees under the deed of settlement or under this Act; or

• (d) this Act.

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

Section 15 amends the Treaty of Waitangi Act 1975.

Schedule 3 of the Treaty of Waitangi Act 1975 is amended by inserting the following item in its appropriate alphabetical order: “Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008, section 13(3) and (4).”

(1) Nothing in the enactments listed in subsection (2) applies—

• (a) to a cultural redress property; or

• (b) to Matawhaura (part of the Lake Rotoiti Scenic Reserve); or

• (c) to Otari Pa; or

• (d) to a commercial redress property; or

• (e) for the benefit of the Affiliate or a representative entity.

(2) The enactments are—

• (a) sections 8A to 8HJ of the Treaty of Waitangi Act 1975:

• (b) sections 27A to 27C of the State-Owned Enterprises Act 1986:

• (c) sections 211 to 213 of the Education Act 1989:

• (d) Part 3 of the Crown Forest Assets Act 1989:

• (e) Part 3 of the New Zealand Railways Corporation Restructuring Act 1990.

(3) However, this section does not apply—

• (a) to a deferred selection property—

  • (i) unless the trustees elect to purchase the deferred selection property under clause 12.18.2 of the deed of settlement:

  • (ii) if the agreement referred to in clause 12.20 of the deed of settlement is cancelled; or

• (b) to Matawhaura (part of the Lake Rotoiti Scenic Reserve) or Otari Pa until the Pikiao vesting date; or

• (c) to Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve until the date specified in the Order in Council made under section 2(1).

(1) The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—

• (a) all or part of—

  • (i) a cultural redress property; or

  • (ii) Matawhaura (part of the Lake Rotoiti Scenic Reserve); or

  • (iii) Otari Pa; or

  • (iv) a commercial redress property; and

• (b) contained in a certificate of title or computer register that has a memorial entered under any of the enactments referred to in section 16(2).

(2) The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after—

• (a) the settlement date, in the case of a cultural redress property (other than Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve) or licensed land; or

• (b) the date specified in the Order in Council made under section 2(1), in the case of Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve; or

• (c) the Pikiao vesting date, in the case of Matawhaura (part of the Lake Rotoiti Scenic Reserve) or Otari Pa; or

• (d) the actual deferred settlement date, in the case of a deferred selection property.

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

(4) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—

• (a) register the certificate against each certificate of title or computer register identified in the certificate; and

• (b) cancel, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any of the enactments referred to in section 16(2)) on a certificate of title or computer register identified in the certificate.

(1) Neither the rule against perpetuities nor any provisions of the Perpetuities Act 1964—

• (a) prescribe or restrict the period during which—

  • (i) the Te Pumautanga o Te Arawa trust may exist in law; or

  • (ii) the trustees, in their capacity as trustees, may hold or deal with property (including income derived from property); or

• (b) apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.

(2) However, if the Te Pumautanga o Te Arawa trust is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or any provision of the Perpetuities Act 1964 to that trust must be determined under the general law.

(3) If the Pikiao entity is established as a trust, this section applies (with all necessary modifications) to that trust and to the trustees of that trust.

(1) Actions or matters occurring under this Act occur or take effect on and from the settlement date.

(2) However, if a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date.

The chief executive of the Ministry of Justice must make copies of the deed of settlement available—

• (a) for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any business day; and

• (b) free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.

(1) Each responsible Minister may—

• (a) issue a protocol to the trustees in the form set out in Part 1 of Schedule 1 of the deed of settlement; and

• (b) amend or cancel that protocol.

(2) A protocol may be amended or cancelled under subsection (1) at the initiative of either—

• (a) the trustees; or

• (b) the responsible Minister.

(3) The responsible Minister may amend or cancel a protocol only after consulting with, and having particular regard to the views of, the trustees.

Protocols do not restrict—

• (a) the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, which includes (without limitation) the ability to—

  • (i) introduce legislation and change government policy; and

  • (ii) interact or consult with a person the Crown considers appropriate, including, without limitation, any iwi, hapu, marae, whanau, or other representative of tangata whenua; or

• (b) the responsibilities of a responsible Minister or a responsible department; or

• (c) the legal rights of the Affiliate or a representative entity.

(1) The Crown must comply with a protocol while it is in force.

(2) If the Crown fails, without good cause, to comply with a protocol, the trustees may, subject to the Crown Proceedings Act 1950, enforce the protocol.

(3) Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for failure by the Crown to comply with a protocol.

(4) To avoid doubt,—

• (a) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and

• (b) subsection (3) does not affect the ability of a court to award costs incurred in enforcing the protocol under subsection (2).

(1) The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under the—

• (a) Conservation Act 1987; or

• (b) other statutes listed in Schedule 1 of that Act.

(2) The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, and seaweed) held, managed, or administered under the Fisheries Act 1996, the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, the Maori Commercial Aquaculture Claims Settlement Act 2004, the Maori Fisheries Act 2004, or the Te Arawa Lakes Settlement Act 2006.

(3) The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.

(1) A summary of the terms of the DOC protocol must be noted in the conservation documents affecting the DOC protocol area.

(2) The noting of the DOC protocol is—

• (a) for the purpose of public notice only; and

• (b) not an amendment to a conservation document for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.

(1) A summary of the terms of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area.

(2) The noting of the fisheries protocol is—

• (a) for the purpose of public notice only; and

• (b) not an amendment to a fisheries plan for the purposes of section 11A of the Fisheries Act 1996.

(3) In this section, fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996.

(1) The Crown acknowledges the statements of association.

(2) In sections 32 and 34, statements of association means the statements—

• (a) made by the Affiliate of the particular cultural, spiritual, historical, and traditional association of the Affiliate with each statutory area; and

• (b) in the form set out in Part 2 of Schedule 3 of the deed of settlement at the settlement date.

(1) The only purposes of the statutory acknowledgement are to—

• (a) require relevant consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgement, as provided for in sections 29 to 31; and

• (b) require relevant consent authorities to forward summaries of resource consent applications to the trustees, as provided for in section 33; and

• (c) enable the trustees and a member of the Affiliate to cite the statutory acknowledgement as evidence of the association of the Affiliate with the relevant statutory areas, as provided for in section 34.

(2) This section does not limit sections 44 to 46.

(1) On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C of the Resource Management Act 1991 as to whether the trustees are persons who may be adversely affected by the granting of a resource consent for activities within, adjacent to, or directly affecting the statutory area.

(2) Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.

(1) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in determining under section 274 of the Resource Management Act 1991 whether the trustees are persons having an interest in proceedings greater than the public generally in respect of an application for a resource consent for activities within, adjacent to, or directly affecting the statutory area.

(2) Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991.

(1) On and from the effective date, the Historic Places Trust and the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in forming an opinion under section 14(6)(a) or 20(1) of the Historic Places Act 1993, as the case may be, as to whether the trustees are (or, for the purpose of section 14(6)(a) of that Act, may be) persons directly affected in relation to an archaeological site within the statutory area.

(2) In this section, archaeological site has the meaning given to it in section 2 of the Historic Places Act 1993.

(1) On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.

(2) The attachment of information under subsection (1) to a statutory plan—

• (a) must include the relevant provisions of sections 27 to 34 in full, the description of the statutory areas, and the statements of association; and

• (b) is for the purpose of public information only, and the information is not—

  • (i) part of the statutory plan, unless adopted by the relevant consent authority; or

  • (ii) subject to the provisions of Schedule 1 of the Resource Management Act 1991, unless adopted as part of the statutory plan under subparagraph (i).

(1) Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications received by that consent authority for activities within, adjacent to, or directly affecting a statutory area.

(2) The information provided under subsection (1) must be—

• (a) the same as would be given under section 93 of the Resource Management Act 1991 to persons likely to be adversely affected, or as may be agreed between the trustees and the relevant consent authority; and

• (b) provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C of the Resource Management Act 1991.

(3) The trustees may, by notice in writing to a relevant consent authority,—

• (a) waive their rights to be notified under this section; and

• (b) state the scope of that waiver and the period it applies for.

(4) For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.

(5) This section does not affect the obligation of a relevant consent authority to—

• (a) notify an application in accordance with sections 93 to 94C of the Resource Management Act 1991:

• (b) form an opinion as to whether the trustees are persons who may be adversely affected under those sections.

(1) The trustees and any member of the Affiliate may, as evidence of the association of the Affiliate with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or the Historic Places Trust concerning activities within, adjacent to, or directly affecting the statutory area.

(2) The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as deemed fact on—

• (a) relevant consent authorities:

• (b) the Environment Court:

• (c) the Historic Places Trust:

• (d) parties to proceedings before those bodies:

• (e) any other person who is entitled to participate in those proceedings.

(3) Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.

(4) Neither the trustees nor individual members of the Affiliate are precluded from stating that the Affiliate has an association with a statutory area that is not described in the statutory acknowledgement.

(5) The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4).

If a statutory acknowledgement relates to a river, the river—

• (a) means—

  • (i) a continuously or intermittently flowing body of fresh water, including a stream or a modified watercourse; and

  • (ii) the bed of the river; but

• (b) does not include—

  • (i) a part of the bed of the river that is not owned by the Crown; or

  • (ii) land that the waters of the river do not cover at its fullest flow without overlapping its banks; or

  • (iii) an artificial watercourse; or

  • (iv) a tributary flowing into the river.

(1) The Crown acknowledges the statement of association.

(2) In sections 40 and 42, statement of association means the statement—

• (a) made by the Affiliate of the particular cultural, spiritual, historical, and traditional association of the Affiliate with, and its use of, the geothermal resource; and

• (b) in the form set out in Part 2 of Schedule 3 of the deed of settlement at the settlement date.

(1) The only purposes of the geothermal statutory acknowledgement are to—

• (a) require consent authorities and the Environment Court to have regard to the geothermal statutory acknowledgement, as provided for in sections 38 and 39; and

• (b) require relevant consent authorities to forward summaries of certain kinds of resource consent applications to the trustees, as provided for in section 41; and

• (c) enable the trustees and a member of the Affiliate to cite the geothermal statutory acknowledgement as evidence of the association of the Affiliate with the relevant geothermal resource, as provided for in section 42.

(2) This section does not limit sections 44 to 46.

(1) On and from the effective date, a relevant consent authority must have regard to the geothermal statutory acknowledgement in forming an opinion in accordance with sections 93 to 94C of the Resource Management Act 1991 as to whether the trustees are persons who may be adversely affected by the granting of a resource consent under section 14 of the Resource Management Act 1991 in respect of the geothermal resource.

(2) Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.

(1) On and from the effective date, the Environment Court must have regard to the geothermal statutory acknowledgement in determining under section 274 of the Resource Management Act 1991 whether the trustees are persons having an interest in proceedings greater than the public generally in respect of an application for a resource consent under section 14 of the Resource Management Act 1991 in respect of the geothermal resource.

(2) Subsection (1) does not limit the obligations of the Environment Court under the Resource Management Act 1991.

(1) On and from the effective date, each relevant consent authority must attach information recording the geothermal statutory acknowledgement to all statutory plans that wholly or partly cover the Rotorua region geothermal system.

(2) The attachment of information under subsection (1) to a statutory plan—

• (a) must include the relevant provisions of sections 36 to 42 in full, a description of the Rotorua region geothermal system, and the statement of association; and

• (b) is for the purpose of public information only, and the information is not—

  • (i) part of the statutory plan, unless adopted by the relevant consent authority; or

  • (ii) subject to the provisions of Schedule 1 of the Resource Management Act 1991, unless adopted as part of the statutory plan under subparagraph (i).

(1) Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications made under section 14 of the Resource Management Act 1991 received by that consent authority in respect of the geothermal resource.

(2) The information provided under subsection (1) must be—

• (a) the same as would be given under section 93 of the Resource Management Act 1991 to persons likely to be adversely affected, or as may be agreed between the trustees and the relevant consent authority; and

• (b) provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C of the Resource Management Act 1991.

(3) The trustees may, by notice in writing to a relevant consent authority,—

• (a) waive their rights to be notified under this section; and

• (b) state the scope of that waiver and the period it applies for.

(4) For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application.

(5) This section does not affect the obligation of a relevant consent authority to—

• (a) notify an application in accordance with sections 93 to 94C of the Resource Management Act 1991:

• (b) form an opinion as to whether the trustees are persons who may be adversely affected under those sections.

(1) The trustees and a member of the Affiliate may, as evidence of the association of the Affiliate with, and use by the Affiliate of, the geothermal resource, cite the geothermal statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority or the Environment Court concerning the taking, use, damming, or diverting of any geothermal resource.

(2) The content of the statement of association is not, by virtue of the geothermal statutory acknowledgement, binding as deemed fact on—

• (a) relevant consent authorities:

• (b) the Environment Court:

• (c) parties to proceedings before those bodies:

• (d) any other person who is entitled to participate in those proceedings.

(3) Despite subsection (2), the geothermal statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.

(4) Neither the trustees nor individual members of the Affiliate are precluded from stating that the Affiliate has an association with a geothermal resource that is not described in the geothermal statutory acknowledgement.

(5) The content and existence of the geothermal statutory acknowledgement do not limit a statement made under subsection (4).

(1) The Minister of Conservation may—

• (a) enter into a deed of recognition with the trustees in respect of the land within the statutory areas:

• (b) amend a deed of recognition by entering into a deed with the trustees to amend that deed of recognition.

(2) In this section, deed of recognition means a deed—

• (a) entered into in accordance with clauses 11.3 to 11.7 of the deed of settlement; and

• (b) in the form set out in Part 3 of Schedule 3 of the deed of settlement.

(1) Except as expressly provided in this subpart,—

• (a) a statutory acknowledgement, a geothermal statutory acknowledgement, or a deed of recognition does not affect, and may not be taken into account by, any person exercising a power or performing a function or duty under legislation or a bylaw:

• (b) no person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of the Affiliate with a statutory area (as described in section 27) or a geothermal resource (as described in section 36) than that person would give under the relevant legislation or bylaw if no statutory acknowledgement, geothermal statutory acknowledgement, or deed of recognition existed in respect of the statutory area or geothermal resource, as the case may be.

(2) Subsection (1)(b) does not affect the operation of subsection (1)(a).

Except as expressly provided in this subpart, the statutory acknowledgement, geothermal statutory acknowledgement, or a deed of recognition does not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Except as expressly provided in this subpart, the statutory acknowledgement, geothermal statutory acknowledgement, or a deed of recognition does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area or a geothermal resource, as the case may be.

Section 48 amends the Resource Management Act 1991.

Schedule 11 of the Resource Management Act 1991 is amended by inserting the following item in its appropriate alphabetical order: “Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008”.

In this subpart, unless the context otherwise requires,—

Each site described in Schedule 4 is declared a whenua rahui.

The Crown acknowledges the Affiliate values in relation to each of the whenua rahui.

(1) The only purposes of the declaration and acknowledgement under sections 50 and 51 are to—

• (a) require the New Zealand Conservation Authority and relevant Conservation Boards to have regard to the Affiliate values and the protection principles, as provided for in section 54; and

• (b) require the New Zealand Conservation Authority to give the trustees an opportunity to make submissions, as provided for in section 56; and

• (c) enable the taking of action under sections 58 to 62.

(2) This section does not limit sections 65 to 67.

(1) The trustees and the Crown may agree on, and publicise, protection principles that are directed at the Minister of Conservation—

• (a) avoiding harm to the Affiliate values in relation to the whenua rahui; or

• (b) avoiding the diminishing of Affiliate values in relation to the whenua rahui.

(2) The protection principles set out in Part 5 of Schedule 3 of the deed of settlement are to be treated as having been agreed by the trustees and the Crown under subsection (1).

(3) The trustees and the Crown may agree in writing any amendments to the protection principles.

When the New Zealand Conservation Authority or a Conservation Board considers a conservation document (including a draft) or a proposal or recommendation for a change of status in relation to a whenua rahui, it must have particular regard to the—

• (a) Affiliate values; and

• (b) protection principles.

Before approving a conservation document or making a proposal or recommendation for a change of status in relation to a whenua rahui, the New Zealand Conservation Authority or a Conservation Board must—

• (a) consult with the trustees; and

• (b) have particular regard to the views of the trustees as to the effect of the conservation document or proposal or recommendation for the change of status on the—

  • (i) Affiliate values; and

  • (ii) protection principles.

If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to a whenua rahui, the New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.

(1) The declaration of a whenua rahui under section 50 must be noted in all conservation documents affecting the whenua rahui.

(2) The noting of a whenua rahui under subsection (1) is—

• (a) for the purpose of public notice only; and

• (b) not an amendment to a conservation document for the purposes of section 17I of the Conservation Act 1987, or section 46 of the National Parks Act 1980, as the case may be.

(1) The Minister of Conservation must notify in the Gazette—

• (a) the declaration of each site as a whenua rahui as soon as practicable after the settlement date; and

• (b) the protection principles as soon as practicable after the settlement date; and

• (c) any changes to the protection principles agreed under section 53(3) as soon as practicable after the amendment has been effected.

(2) The Director-General may notify in the Gazette any action (including any action set out in paragraph 5 in each of the whenua rahui in Part 5 of Schedule 3 of the deed of settlement) taken or intended to be taken under any of sections 59 to 61.

(3) The Director-General must notify in the Gazette any action taken or intended to be taken under section 62.

(1) The Director-General must take action in relation to the protection principles, including the actions set out in paragraph 5 in each of the whenua rahui in Part 5 of Schedule 3 of the deed of settlement.

(2) The Director-General retains complete discretion to determine the method and extent of the action to be taken under subsection (1).

(3) The Director-General must notify the trustees in writing of the intended action under subsection (1).

(4) If requested in writing by the trustees, the Director-General must not take action in respect of the protection principles to which the request relates.

(1) The Director-General may initiate an amendment to a conservation document to incorporate objectives relating to the protection principles (including a recommendation to make regulations or bylaws).

(2) The Director-General must consult with relevant Conservation Boards before initiating an amendment under subsection (1).

(3) An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987, or section 46(1) to (4) of the National Parks Act 1980, as the case may be.

The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for all or any of the following purposes:

• (a) to provide for the implementation of objectives included in a conservation document under section 60(1):

• (b) to regulate or prohibit activities or conduct by members of the public in relation to a whenua rahui:

• (c) to create offences in respect of the contravention of any regulations made under paragraph (b), and provide for the imposition of fines—

  • (i) not exceeding $5,000 for those offences; and

  • (ii) for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.

The Minister of Conservation may make bylaws for all or any of the following purposes:

• (a) to provide for the implementation of objectives included in a conservation document under section 60(1):

• (b) to regulate or prohibit activities or conduct by members of the public in relation to a whenua rahui:

• (c) to create offences in respect of the contravention of any bylaws made under paragraph (b), and provide for the imposition of fines—

  • (i) not exceeding $1,000 for those offences; and

  • (ii) for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.

The purpose of, or classification of an area as, a national park, conservation area, or reserve is not affected by the fact that the area is, or is within, a whenua rahui.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a whenua rahui site is no longer whenua rahui.

(2) The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—

• (a) the trustees and the Minister of Conservation have agreed in writing that the status of whenua rahui is no longer appropriate for the area concerned; or

• (b) the area concerned is disposed of by the Crown; or

• (c) the responsibility for managing the area concerned is transferred to another Minister of the Crown.

(3) Subsection (4) applies if—

• (a) either of subsection (2)(b) or (c) applies; or

• (b) there is a change in the statutory management regime that applies to all or part of the whenua rahui.

(4) The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of the whenua rahui, or that part of it affected by the disposal of the area or change in the management responsibility, through negotiation with the trustees by—

• (a) the Minister responsible for the new statutory management regime or regimes; or

• (b) the Commissioner of Crown Lands; or

• (c) any other responsible officer.

(5) Subsection (4) does not apply to Matawhaura (part of the Lake Rotoiti Scenic Reserve) upon the vesting of that site under section 119(3).

(1) Nothing in section 50 or 51 affects or may be taken into account in the exercise of any power by, or performance of any duty or function of, any person under any legislation or bylaw.

(2) No person, in considering a matter or making a decision or recommendation under any legislation or bylaw, may give any greater or lesser weight to the Affiliate values than that person would give if the area were not a whenua rahui and the Affiliate values had not been acknowledged in relation to the area.

(3) Subsection (2) does not limit the operation of subsection (1).

(4) This section applies subject to the other provisions of this subpart.

(1) Sections 50 and 51 do not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

(2) This section applies subject to the other provisions of this subpart.

(1) Sections 50 and 51 do not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind relating to, a whenua rahui.

(2) This section applies subject to the other provisions of this subpart.

In this subpart, unless the context otherwise requires,—

The 3 sites described as recreation reserves in Schedule 5 are specially classified reserves.

The Crown acknowledges the Affiliate values in relation to the specially classified reserves.

(1) The only purposes of the declaration and acknowledgement under sections 69 and 70 are to—

• (a) require the Rotorua District Council to have regard to the protection principles, as provided for in section 73; and

• (b) require the Rotorua District Council to consult with the trustees, as provided for in section 74; and

• (c) enable the taking of action under sections 73 to 76.

(2) This section does not limit sections 72 to 81.

(1) The Rotorua District Council, the trustees, and the Crown may from time to time agree on protection principles that are directed at the Rotorua District Council and aim to—

• (a) avoid harm to, or the diminution of, the Affiliate values in relation to the specially classified reserves; and

• (b) at the same time, have regard to the wider local community values associated with the reserve status of the specially classified reserves.

(2) The protection principles set out in Part 7 of Schedule 3 of the deed of settlement are to be treated as having been agreed between the Rotorua District Council, the trustees, and the Crown under subsection (1).

(3) The protection principles may only be amended by the agreement in writing of the Rotorua District Council, the trustees, and the Crown.

The Rotorua District Council must have regard to the protection principles when it considers a management plan under section 41 of the Reserves Act 1977 or general policy.

Before approving general policy, or approving or completing the review of, or changing, a management plan under section 41 of the Reserves Act 1977, the Rotorua District Council must consult with the trustees about their views as to whether the general policy or review of, or change to, the management plan is consistent with the protection principles.

The Minister of Conservation must notify in the Gazette—

• (a) the declaration of each site as a specially classified reserve within 6 months after the date specified in the Order in Council made under section 2(2); and

• (b) the protection principles within 6 months after the date specified in the Order in Council made under section 2(2); and

• (c) any changes to the protection principles agreed under section 72(3) as soon as practicable after the amendment has been effected.

(1) When the Minister of Conservation gives notice in the Gazette of the agreed protection principles in accordance with section 75, the Rotorua District Council must review its management plan in accordance with section 41(4) of the Reserves Act 1977 in respect of each specially classified reserve to give effect to the protection principles for the reserve.

(2) The Rotorua District Council has a complete discretion to determine the method and extent of the action to be taken under subsection (1).

(3) Before making a determination under subsection (2), the Rotorua District Council must consult with the trustees and have particular regard to their views about whether the method and extent of any proposed action gives effect to the protection principles.

The purpose or classification of an area under the Reserves Act 1977 is not affected by the fact that the area is, or is within, a specially classified reserve.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a specially classified reserve is no longer a specially classified reserve.

(2) The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—

• (a) the trustees, the Minister of Conservation, and the Rotorua District Council have agreed in writing that the status of a specially classified reserve is no longer appropriate for the area concerned; or

• (b) the reservation of all or part of the specially classified reserve as a reserve is revoked.

(3) The Minister of Conservation must consult with the trustees before deciding whether or not to revoke the reservation of all or part of a specially classified reserve.

(1) Nothing in section 69 or 70 affects or may be taken into account in the exercise of any power by, or performance of any duty or function of, any person under any legislation or bylaw.

(2) No person, in considering a matter or making a decision or recommendation under any legislation or bylaw, may give any greater or lesser weight to the Affiliate values than that person would give under the relevant legislation or bylaw if the site were not a specially classified reserve and the Affiliate values had not been acknowledged in relation to the site.

(3) Subsection (2) does not limit the operation of subsection (1).

(4) This section applies subject to the other provisions of this subpart.

Sections 69 and 70 do not affect the lawful rights or interests of any person who is not a party to the deed of settlement.

Sections 69 and 70 do not have the effect of granting, creating, or providing evidence of an estate or interest in, or any rights of any kind relating to, a specially classified reserve.

(1) The Crown’s provision of cultural redress does not prevent the Crown doing anything that is consistent with that cultural redress, including—

• (a) providing the same or similar redress to a person other than the Affiliate or the trustees:

• (b) disposing of land.

(2) Subsection (1) is not an acknowledgement by the Crown or the Affiliate that any other iwi or group has interests in relation to land or an area to which any of the cultural redress relates.

(3) In this section, cultural redress means the protocols, statutory acknowledgements, geothermal statutory acknowledgement, deed of recognition, whenua rahui, and specially classified reserves.

In this subpart,—

(1) The existing place name specified in the first column of Part 8 of Schedule 3 of the deed of settlement (at the settlement date) is altered to the new place name specified in the second column of that Part of that schedule.

(2) The new place name specified in the second column of the second item of Part 8 of Schedule 3 of the deed of settlement (at the settlement date) is assigned to the location described in the third column of that Part of that schedule.

(3) Except where this subpart expressly provides otherwise, the changes made under subsections (1) and (2) are to be treated as having been made—

• (a) with the approval of the New Zealand Geographic Board; and

• (b) in accordance with any enactment that applies to altering or assigning place names.

(1) The New Zealand Geographic Board must, as soon as practicable after the settlement date, publish a notice in the Gazette—

• (a) specifying each new place name and its location (and the existing place name being altered); and

• (b) stating that the new place names take effect on the date of the Gazette notice; and

• (c) stating that the New Zealand Geographic Board may alter the new place names or their locations in accordance with section 86.

(2) The New Zealand Geographic Board must, as soon as practicable after publication of the notice under subsection (1), ensure that a copy of the notice is published in accordance with any enactment that applies to altering or assigning place names.

(3) A copy of the Gazette notice published under subsection (1) is conclusive evidence that the new place names were altered or assigned on the date of the Gazette notice.

(1) Despite the provisions of any enactment that applies to altering or assigning place names, the New Zealand Geographic Board may, with the consent of the trustees, alter any new place name or its location.

(2) Section 85 applies, with any necessary modifications, to an alteration made under subsection (1).

Place names altered or assigned under section 84 or 86 take effect on the date of the Gazette notice published under section 85(1).

In this Act, cultural redress property means any of the following sites, and each site means the land described by that name in Schedule 6:

• (a) Pateko Island:

• (b) Te Koutu Pa:

• (c) Okataina Lodge site:

• (d) Okataina Outdoor Education Centre site:

• (e) Te Ariki site:

• (f) Punaromia site:

• (g) site on Horohoro Bluff:

• (h) site adjacent to Orakei Korako:

• (i) site adjacent to Lake Rotomahana:

• (j) Te Wairoa:

• (k) Lake Rotokawa site:

• (l) beds of Lakes Rotongata (Mirror Lake) and Rotoatua:

• (m) Moerangi site:

• (n) Kakapiko:

• (o) Rangitoto site:

• (p) sites on Paeroa Range:

• (q) Wai-o-Tapu site:

• (r) Roto-a-Tamaheke Reserve:

• (s) Whakarewarewa Thermal Springs Reserve:

• (t) the school sites.

(1) The reservation of Pateko Island under the Reserves Act 1977 is revoked.

(2) The fee simple estate in Pateko Island vests in the trustees.

(1) The reservation of Te Koutu Pa under the Reserves Act 1977 is revoked.

(2) The fee simple estate in Te Koutu Pa vests in the trustees.

(1) The reservation of the Okataina Lodge site under the Reserves Act 1977 is revoked.

(2) The fee simple estate in the Okataina Lodge site vests in the trustees.

(3) Subsections (1) and (2) are subject to the trustees granting to the Crown a registrable lease of the Okataina Lodge site in the form set out in Part 9 of Schedule 2 of the deed of settlement.

(4) In the lease of the Okataina Lodge site dated 23 December 1975, the terms of which are incorporated into the leasehold interest held in computer interest register SA23A/1000, references to the Board, the Commissioner, and the Minister are to be read as references to the Lessor.

(1) The reservation of the Okataina Outdoor Education Centre site under the Reserves Act 1977 is revoked.

(2) The fee simple estate in the Okataina Outdoor Education Centre site vests in the trustees.

(1) In this section and sections 94 and 111,—

(2) The Crown must establish the Te Ariki trust before the settlement date.

(3) Schedule 4 of the Public Finance Act 1989 is amended by inserting the following item in its appropriate alphabetical order: “Te Ariki trust”.

(4) To avoid doubt, the obligations of the Te Ariki trust under the Public Finance Act 1989 are the responsibility of the trustees of the Te Ariki trust.

(5) The Te Ariki trust is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

(6) The deed establishing the Te Ariki trust is valid and enforce-able in accordance with its terms as a private trust, despite any enactment or rule of law.

(1) The reservation of the Te Ariki site under the Reserves Act 1977 is revoked.

(2) An undivided half share of the fee simple estate in the Te Ariki site vests in the trustees of the Te Pumautanga o Te Arawa trust and an undivided half share of the fee simple estate in the Te Ariki site vests in the trustees of the Te Ariki trust as tenants in common.

(3) Subsections (1) and (2) are subject to the trustees of the Te Pumautanga o Te Arawa trust and the trustees of the Te Ariki trust—

• (a) entering into a management deed in the form set out in Part 3 of Schedule 2 of the deed of settlement; and

• (b) providing the Crown with a registrable public walkway easement under section 8 of the New Zealand Walkways Act 1990 in relation to the Te Ariki site in the form set out in Part 4 of Schedule 2 of the deed of settlement.

(1) The reservation of the Punaromia site under the Reserves Act 1977 is revoked.

(2) The fee simple estate in the Punaromia site vests in the trustees.

(1) The site on Horohoro Bluff ceases to be a conservation area under the Conservation Act 1987.

(2) The fee simple estate in the site on Horohoro Bluff vests in the trustees.

(3) Subsections (1) and (2) are subject to the trustees providing the Crown with a registrable covenant in relation to the site on Horohoro Bluff in the form of the Horohoro Bluff Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

(4) The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

(1) The fee simple estate in the site adjacent to Orakei Korako vests in the trustees.

(2) Subsection (1) is subject to the trustees providing the Crown with a registrable covenant in relation to the site adjacent to Orakei Korako in the form of the Orakei Korako Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

(3) The covenant referred to in subsection (2) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

(1) The fee simple estate in the site adjacent to Lake Rotomahana vests in the trustees.

(2) Subsection (1) is subject to the trustees providing the Crown with a registrable covenant in relation to the site adjacent to Lake Rotomahana in the form of the Lake Rotomahana Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

(3) The covenant referred to in subsection (2) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

(1) The reservation of Te Wairoa under the Reserves Act 1977 is revoked.

(2) The fee simple estate in Te Wairoa vests in the trustees.

(3) Subsections (1) and (2) are subject to the trustees providing the Crown with a registrable covenant in relation to Te Wairoa in the form of the Te Wairoa Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

(4) The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of—

• (a) section 77 of the Reserves Act 1977; and

• (b) section 27 of the Conservation Act 1987.

(1) The fee simple estate in the Lake Rotokawa site vests in the trustees.

(2) The vesting of the Lake Rotokawa site under subsection (1) does not give any rights to, or impose any obligations on, the trustees in relation to—

• (a) the waters of Lake Rotokawa; or

• (b) the aquatic life of Lake Rotokawa (other than plants attached to the bed of Lake Rotokawa).

(3) Any moveable boundary of the Lake Rotokawa site is governed by the applicable common law rules of accretion, erosion, and avulsion.

(4) Subsections (1) to (3) are subject to the trustees providing the Crown with a registrable covenant in relation to the Lake Rotokawa site in the form of the Lake Rotokawa Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

(5) The covenant referred to in subsection (4) is to be treated as a conservation covenant for the purposes of—

• (a) section 77 of the Reserves Act 1977; and

• (b) section 27 of the Conservation Act 1987.

(1) The reservation of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under the Reserves Act 1977 is revoked.

(2) The fee simple estate in the beds of Lakes Rotongata (Mirror Lake) and Rotoatua vests in the trustees.

(3) The vesting of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to—

• (a) the waters of those lakes; or

• (b) the aquatic life of those lakes (other than plants attached to the beds of the lakes).

(4) Any moveable boundary of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua is governed by the applicable common law rules of accretion, erosion, and avulsion.

(5) Subsections (1) to (4) are subject to the trustees providing the Crown with a registrable covenant in relation to the beds of Lakes Rotongata (Mirror Lake) and Rotoatua in the form of the Lakes Rotongata (Mirror Lake) and Rotoatua Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

(6) The covenant referred to in subsection (5) is to be treated as a conservation covenant for the purposes of—

• (a) section 77 of the Reserves Act 1977; and

• (b) section 27 of the Conservation Act 1987.

(1) Section 23 of the Crown Forest Assets Act 1989 applies in relation to the Moerangi site, at all times (including before the settlement date),—

• (a) despite the site not being Crown forest land and not being returned to Maori ownership in accordance with section 36 of that Act; and

• (b) as if references to the licensor were references to the owner of the fee simple estate in the site.

(2) The fee simple estate in the Moerangi site vests in the trustees.

(3) Subsection (2) is subject to the trustees providing the Crown with a registrable covenant in relation to the Moerangi site in the form of the Moerangi Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

(4) The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of—

• (a) section 77 of the Reserves Act 1977; and

• (b) section 27 of the Conservation Act 1987.

(1) Section 23 of the Crown Forest Assets Act 1989 applies in relation to Kakapiko, at all times (including before the settlement date),—

• (a) despite the site not being Crown forest land and not being returned to Maori ownership in accordance with section 36 of that Act; and

• (b) as if references to the licensor were references to the owner of the fee simple estate in the site.

(2) The fee simple estate in Kakapiko vests in the trustees.

(3) Subsection (2) is subject to the trustees providing the Crown with a registrable covenant in relation to Kakapiko in the form of the Kakapiko Covenant set out in Part 2 of Schedule 2 of the deed of settlement.

(4) The covenant referred to in subsection (3) is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.

(1) The reservation of the Rangitoto site as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(2) The fee simple estate in the Rangitoto site vests in the trustees.

(3) The Rangitoto site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) The reserve created by subsection (3) is named Rangitoto Scenic Reserve, despite section 16(10) of the Reserves Act 1977.

(1) The reservation of the sites on Paeroa Range as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(2) The fee simple estate in the sites on Paeroa Range vests in the trustees.

(3) The sites on Paeroa Range are declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) The reserve created by subsection (3) is named Ruatihi o Paeroa Scenic Reserve, despite section 16(10) of the Reserves Act 1977.

(1) The reservation of the Wai-o-Tapu site as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(2) The fee simple estate in the Wai-o-Tapu site vests in the trustees.

(3) The Wai-o-Tapu site is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(4) The reserve created by subsection (3) is named Wai-o-Tapu Scenic Reserve, despite section 16(10) of the Reserves Act 1977.

(5) Subsections (1) to (4) are subject to the trustees granting a registrable right of way easement in favour of Lot 1 DPS 45063 over the area shown marked A on SO 395143 in the form set out in Part 5 of Schedule 2 of the deed of settlement.

(6) An easement granted in accordance with subsection (5) is—

• (a) enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and

• (b) to be treated as having been granted in accordance with that Act.

(7) In the lease of the Wai-o-Tapu site dated 22 October 1969, the terms of which are incorporated into the deed of renewal of that lease dated 25 September 2000 between the Crown and Waiotapu Thermal Tourist Park Limited, references to the District Manager of the Tourist Department, the General Manager, the Minister of Tourist and Health Resorts, and the Governor-General are to be read as references to the Lessor.

(1) This section takes effect on the date specified in the Order in Council made under section 2(1).

(2) The Tourist and Health Resorts Control Act 1908 ceases to apply to Roto-a-Tamaheke Reserve.

(3) The reservation of Roto-a-Tamaheke Reserve as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

(4) The fee simple estate in Roto-a-Tamaheke Reserve vests in the trustees.

(5) Roto-a-Tamaheke Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(6) The reserve created by subsection (5) is named Roto-a-Tamaheke Recreation Reserve, despite section 16(10) of the Reserves Act 1977.

(1) This section takes effect on the date specified in the Order in Council made under section 2(1).

(2) The Tourist and Health Resorts Control Act 1908 ceases to apply to Whakarewarewa Thermal Springs Reserve.

(3) Schedule 2 of the Tourist and Health Resorts Control Act 1908 is amended by omitting the item “Whakarewarewa Thermal Springs Reserve”.

(4) The reservation of Whakarewarewa Thermal Springs Reserve as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked.

(5) The fee simple estate in Whakarewarewa Thermal Springs Reserve vests in the trustees.

(6) Whakarewarewa Thermal Springs Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(7) The reserve created by subsection (6) is named Whakarewarewa Thermal Springs Recreation Reserve, despite section 16(10) of the Reserves Act 1977.

(8) Subsections (4) to (7) are subject to the trustees granting to the New Zealand Maori Arts and Crafts Institute a registrable lease of Whakarewarewa Thermal Springs Reserve in the form set out in Part 7 of Schedule 2 of the deed of settlement.

(9) The following documents are enforceable in accordance with their terms, despite the provisions of the Reserves Act 1977 and the Tourist and Health Resorts Control Act 1908, and are to be treated as having been granted in accordance with those Acts:

• (a) a registrable lease of Whakarewarewa Thermal Springs Reserve granted in accordance with subsection (8):

• (b) a registrable variation of lease—

  • (i) to vary the lease held in computer interest register SA2021/47, as partially surrendered by a registrable surrender in respect of Section 7 Block I Tarawera Survey District; and

  • (ii) entered into by the Crown and the New Zealand Maori Arts and Crafts Institute in the form set out in Part 6 of Schedule 2 of the deed of settlement:

• (c) a registrable lease of Section 101 Block I Tarawera Survey District granted by the Crown to the New Zealand Maori Arts and Crafts Institute in the form set out in Part 8 of Schedule 2 of the deed of settlement.

(10) The lessor of the lease referred to in subsection (8) is entitled to receive and use the annual rent payable under the lease for any purpose, despite the provisions of the Reserves Act 1977.

(11) The Minister of Tourism may execute any or all of the documents referred to in subsection (9) on behalf of the New Zealand Maori Arts and Crafts Institute as lessee.

(12) A document executed under subsection (11) has effect as if it were properly executed by the New Zealand Maori Arts and Crafts Institute as lessee in accordance with the New Zealand Maori Arts and Crafts Institute Act 1963 and any rules made under that Act.

(1) The fee simple estate in each school site vests in the trustees.

(2) Subsection (1) is subject to the trustees granting to the Crown a lease in respect of each school site in the form set out in Part 12 of Schedule 2 of the deed of settlement.

The vesting of each cultural redress property is subject to any encumbrances listed for the property in Schedule 6.

(1) This section applies to the fee simple estate in a cultural redress property vested under this Part.

(2) The Registrar-General must, on written application by an authorised person, comply with subsections (3) to (5).

(3) To the extent that a cultural redress property is all of the land contained in a computer freehold register, the Registrar-General must—

• (a) register the trustees of the Te Pumautanga o Te Arawa trust as the proprietors of the fee simple estate in the land; and

• (b) make any entries in the register, and do all other things, that are necessary to give effect to this Part and to Part 10 of the deed of settlement.

(4) To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application received from an authorised person,—

• (a) create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees of the Te Pumautanga o Te Arawa trust; and

• (b) enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application.

(5) However, in the case of the Te Ariki site, the Registrar-General must, in accordance with applications received from an authorised person,—

• (a) create a computer freehold register for an undivided half share of the fee simple estate in the property in the names of the trustees of the Te Pumautanga o Te Arawa trust; and

• (b) create a computer freehold register for an undivided half share of the fee simple estate in the property in the names of the trustees of the Te Ariki trust; and

• (c) enter on each register any encumbrances that are registered, notified, or notifiable and that are described in the application relating to the register.

(6) Subsections (4) and (5) apply subject to the completion of any survey necessary to create the computer freehold register.

(7) A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—

• (a) 24 months after the settlement date; or

• (b) any later date that may be agreed in writing by the trustees of the Te Pumautanga o Te Arawa trust and the Crown.

(8) However, in the case of Roto-a-Tamaheke Reserve or Whakarewarewa Thermal Springs Reserve, subsection (7) applies as if references to the settlement date were references to the date specified in the Order in Council made under section 2(1).

(9) In subsections (2), (4), and (5), authorised person means a person authorised by—

• (a) the chief executive of LINZ, in the case of—

  • (i) the site adjacent to Orakei Korako:

  • (ii) the site adjacent to Lake Rotomahana:

  • (iii) the Lake Rotokawa site:

  • (iv) the Moerangi site:

  • (v) Kakapiko:

• (b) the chief executive of the Ministry of Economic Development, in the case of—

  • (i) Roto-a-Tamaheke Reserve:

  • (ii) Whakarewarewa Thermal Springs Reserve:

• (c) the chief executive of the Ministry of Education, in the case of a school site:

• (d) the Director-General, in all other cases.

(1) In this section and sections 113, 114, 117 and 119, reserve site means each of the following cultural redress properties:

• (a) Rangitoto site:

• (b) sites on Paeroa Range:

• (c) Wai-o-Tapu site:

• (d) Roto-a-Tamaheke Reserve:

• (e) Whakarewarewa Thermal Springs Reserve.

(2) The vesting of the fee simple estate in a cultural redress property under this Part is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

(3) Despite subsection (2),—

• (a) section 24 of the Conservation Act 1987 does not apply to the vesting of—

  • (i) Pateko Island under section 89(2); or

  • (ii) Te Koutu Pa under section 90(2); or

  • (iii) the Te Ariki site under section 94(2); or

  • (iv) Sections 1 and 2 SO 384463, which vest as part of the Lake Rotokawa site under section 100(1); or

  • (v) a reserve site under section 104(2), 105(2), 106(2), 107(4), or 108(5); or

  • (vi) a school site under section 109(1); and

• (b) the marginal strip reserved by section 24 of the Conservation Act 1987 from the vesting of the Punaromia site under section 95(2) is reduced to a width of 10 metres; and

• (c) Part 4A of the Conservation Act 1987 does not apply to the vesting of the beds of Lakes Rotongata (Mirror Lake) and Rotoatua under section 101(2).

(4) If the reservation, under this Part, of a reserve site is revoked in relation to all or part of the site, then the site’s vesting referred to in subsection (3)(a)(v) is no longer exempt from section 24 of the Conservation Act 1987 in relation to all or that part of the site, as the case may be.

(5) If a lease referred to in section 109(2) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of a school site, then the site’s vesting referred to in subsection (3)(a)(vi) is no longer exempt from section 24 of the Conservation Act 1987 in relation to all or that part of the site, as the case may be.

(1) The Registrar-General must record on the computer freehold register for—

• (a) each of the following properties that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply:

  • (i) Pateko Island; and

  • (ii) Te Koutu Pa; and

  • (iii) the Te Ariki site; and

• (b) the Lake Rotokawa site that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply to Sections 1 and 2 SO 384463; and

• (c) a reserve site that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply, and that the land is subject to sections 112(4) and 117 of this Act; and

• (d) a school site that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply, and that the land is subject to section 112(5) of this Act; and

• (e) the Punaromia site that the land is subject to Part 4A of the Conservation Act 1987, but that the marginal strip is reduced to a width of 10 metres; and

• (f) the beds of Lakes Rotongata (Mirror Lake) and Rotoatua that Part 4A of the Conservation Act 1987 does not apply; and

• (g) any other cultural redress property that the land is subject to Part 4A of the Conservation Act 1987.

(2) A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.

(3) If the reservation, under this Part, of a reserve site is revoked in relation to—

• (a) all of the site, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—

  • (i) section 24 of the Conservation Act 1987 does not apply to the site; and

  • (ii) the site is subject to sections 112(4) and 117 of this Act; or

• (b) part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the site that remains a reserve.

(4) If a lease referred to in section 109(2) (or a renewal of that lease) terminates, or expires without being renewed, in relation to all or part of a school site, then the Minister of Education must apply in writing to the Registrar-General to,—

• (a) if none of the site remains subject to such a lease, remove from the computer freehold register for the site the notifications that—

  • (i) section 24 of the Conservation Act 1987 does not apply to the site; and

  • (ii) the site is subject to section 112(5) of this Act; or

• (b) if only part of the site remains subject to such a lease (the leased part), amend the notifications on the computer freehold register for the site to record that, in relation to only the leased part,—

  • (i) section 24 of the Conservation Act 1987 does not apply to that part; and

  • (ii) that part is subject to section 112(5) of this Act.

(5) The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4).

(1) The trustees of the Te Pumautanga o Te Arawa trust are the administering body of a reserve site for the purposes of the Reserves Act 1977.

(2) Sections 48A, 114, and 115 of the Reserves Act 1977 apply to a reserve site, despite sections 48A(6), 114(5), and 115(6) of that Act.

(3) Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve site.

(4) If the reservation, under this Part, of a reserve site is revoked under section 24 of the Reserves Act 1977 in relation to all or part of the site, section 25 of that Act, except subsection (2), does not apply to the revocation.

(1) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this Part, of the reserve status of a cultural redress property.

(2) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

• (a) the vesting of the fee simple estate in a cultural redress property under this Part; or

• (b) any matter incidental to, or required for the purpose of, the vesting.

(3) The vesting of the fee simple estate in a cultural redress property under this Part does not—

• (a) limit section 10 or 11 of the Crown Minerals Act 1991; or

• (b) affect other rights to subsurface minerals; or

• (c) limit the rights and obligations of the Crown or a local authority in respect of geothermal energy (within the meaning of section 2(1) of the Resource Management Act 1991) under any enactment or rule of law.

(4) The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to a cultural redress property.

(1) The Minister of Conservation may direct that any intra-Crown payment for a site listed in subsection (2) be paid and applied in the manner specified in section 82(1)(a) of the Reserves Act 1977.

(2) The sites are—

• (a) Pateko Island:

• (b) Te Koutu Pa:

• (c) Okataina Lodge site:

• (d) Okataina Outdoor Education Centre site:

• (e) Te Ariki site:

• (f) Punaromia site:

• (g) Te Wairoa:

• (h) beds of Lakes Rotongata (Mirror Lake) and Rotoatua:

• (i) Rangitoto site:

• (j) sites on Paeroa Range:

• (k) Wai-o-Tapu site:

• (l) Roto-a-Tamaheke Reserve:

• (m) Whakarewarewa Thermal Springs Reserve:

• (n) Matawhaura (part of the Lake Rotoiti Scenic Reserve).

(1) This section applies to any part of a reserve site that, at any time after vesting under this Part in the trustees of the Te Pumautanga o Te Arawa trust, remains a reserve under the Reserves Act 1977 (the reserve land).

(2) The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.

(3) The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners) if, upon written application, the registered proprietors of the reserve land satisfy the Minister that the new owners are able to—

• (a) comply with the requirements of the Reserves Act 1977; and

• (b) perform the duties of an administering body under that Act.

(4) The Registrar-General must, upon receiving the documents specified in subsection (5), register the new owners as the proprietors of the fee simple estate in the reserve land.

(5) The documents are—

• (a) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and

• (b) the written consent of the Minister of Conservation to the transfer of the reserve land; and

• (c) any other document required for registration of the transfer instrument.

(6) The new owners, from the time of registration under subsection (4),—

• (a) are the administering body of the reserve land for the purposes of the Reserves Act 1977; and

• (b) hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.

(7) Despite subsections (1) and (2), this section does not apply to the transfer of the fee simple estate in reserve land if—

• (a) the transferors of the reserve land are or were the trustees of a trust; and

• (b) the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and

• (c) the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.

In this Act,—

(1) This section takes effect on the Pikiao vesting date.

(2) The reservation of Matawhaura (part of the Lake Rotoiti Scenic Reserve) as a scenic reserve subject to section 19 of the Reserves Act 1977 is revoked.

(3) The fee simple estate in Matawhaura (part of the Lake Rotoiti Scenic Reserve) vests in the Pikiao entity.

(4) Matawhaura (part of the Lake Rotoiti Scenic Reserve) is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

(5) The fee simple estate in Otari Pa vests in the Pikiao entity.

(6) The statutory acknowledgement under section 27 ceases to apply in relation to Otari Pa.

(7) The vesting of Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa is subject to any encumbrances that affect each property on the Pikiao vesting date.

(8) Sections 111 to 115 and 117 apply to Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa as if—

• (a) each site were a cultural redress property; and

• (b) references to the trustees of the Te Pumautanga o Te Arawa trust were references to the Pikiao entity; and

• (c) references in section 111(7) to the settlement date were references to the Pikiao vesting date; and

• (d) section 111(9) defined authorised person to mean a person authorised by—

  • (i) the Director-General, in the case of Matawhaura (part of the Lake Rotoiti Scenic Reserve); or

  • (ii) the chief executive of LINZ, in the case of Otari Pa; and

• (e) Matawhaura (part of the Lake Rotoiti Scenic Reserve) were a reserve site, and the vesting of that reserve site were referred to in section 112(3)(a)(v).

(9) The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after Matawhaura (part of the Lake Rotoiti Scenic Reserve) and Otari Pa vest in the Pikiao entity, notify the vesting and the date of vesting in the Gazette.

In sections 121 to 123,—

(1) This section takes effect on the earlier of—

• (a) the day after the airport lease is surrendered or terminated in respect of the Karamuramu Baths land and the esplanade land; or