the legal recognition of Te Awa Tupua:

the legal recognition and effect of Tupua te Kawa:

the establishment of Te Pou Tupua, its membership reflecting the partnership under the Treaty of Waitangi/Te Tiriti o Waitangi:

the establishment of Te Kōpuka nā Te Awa Tupua:

the development and effect of Te Heke Ngahuru ki Te Awa Tupua:

the vesting of the Crown-owned parts of the bed of the Whanganui River and other lands in Te Awa Tupua:

the establishment of Te Korotete o Te Awa Tupua.

the intent of Te Pā Auroa set out in clause 1.4 of Ruruku Whakatupua—Te Mana o Te Awa Tupua; and

the agreements expressed in the deed of settlement in relation to Te Pā Auroa.

Ko te Awa te mātāpuna o te ora: the River is the source of spiritual and physical sustenance:

Te Awa Tupua is a spiritual and physical entity that supports and sustains both the life and natural resources within the Whanganui River and the health and well-being of the iwi, hapū, and other communities of the River.

E rere kau mai i te Awa nui mai i te Kahui Maunga ki Tangaroa: the great River flows from the mountains to the sea:

Te Awa Tupua is an indivisible and living whole from the mountains to the sea, incorporating the Whanganui River and all of its physical and metaphysical elements.

Ko au te Awa, ko te Awa ko au: I am the River and the River is me:

The iwi and hapū of the Whanganui River have an inalienable connection with, and responsibility to, Te Awa Tupua and its health and well-being.

Ngā manga iti, ngā manga nui e honohono kau ana, ka tupu hei Awa Tupua: the small and large streams that flow into one another form one River:

Te Awa Tupua is a singular entity comprised of many elements and communities, working collaboratively for the common purpose of the health and well-being of Te Awa Tupua.

if the exercise or performance of that function, power, or duty relates to—

if, and to the extent that, the Te Awa Tupua status or Tupua te Kawa relates to that function, duty, or power.

the Te Awa Tupua status; and

Tupua te Kawa.

the Te Awa Tupua status; and

Tupua te Kawa.

apply in addition to section 11(1); and

must be carried out in a manner that is consistent with the purpose of the Act under which the function, power, or duty is exercised or performed.

do not remove, or prevent the exercise of, any discretion that a decision maker has in exercising or performing a function, power, or duty under an Act referred to in subsection (2) or (3); but

permit a decision maker to consider the Te Awa Tupua status and Tupua te Kawa as determining factors when exercising or performing a function, power, or duty under an Act listed in Schedule 2.

limits any existing private property rights in the Whanganui River; or

creates, limits, transfers, extinguishes, or otherwise affects any rights to, or interests in, water; or

creates, limits, transfers, extinguishes, or otherwise affects any rights to, or interests in, wildlife, fish, aquatic life, seaweeds, or plants; or

affects the application of any enactment.

an institution for the purpose of applying for registration as a charitable entity under the Charities Act 2005:

a public body for the purposes of clauses 30 and 30A of Schedule 7 of the Local Government Act 2002:

a public authority for the purpose of section 33X of the Maritime Transport Act 1994:

a registered collector of taonga tūturu for the purposes of section 14 of the Protected Objects Act 1975:

a public authority for the purposes of the Resource Management Act 1991:

a body corporate for the purpose of applying to be a heritage protection authority under section 188 of the Resource Management Act 1991:

a public body for the purposes of sections 4 and 35 of the Walking Access Act 2008.

to act and speak for and on behalf of Te Awa Tupua; and

to uphold—

to promote and protect the health and well-being of Te Awa Tupua; and

to perform, for and on behalf of Te Awa Tupua, landowner functions for—

to administer Te Korotete; and

to maintain the Te Awa Tupua register; and

for the purposes of section 60, to authorise the use of the name Te Awa Tupua; and

to enter into the relationship documents described in clauses 3.36 to 3.42 of Ruruku Whakatupua—Te Mana o Te Awa Tupua; and

to take any other action reasonably necessary to achieve its purpose and perform its functions.

must act in the interests of Te Awa Tupua and consistently with Tupua te Kawa:

must develop appropriate mechanisms for engaging with, and reporting to, the iwi and hapū with interests in the Whanganui River on matters relating to Te Awa Tupua, as a means of recognising the inalienable connection of those iwi and hapū with Te Awa Tupua:

may report publicly on matters relating to Te Awa Tupua:

may engage with any relevant agency, other body, or decision maker to assist it to understand, apply, and implement the Te Awa Tupua status and the Tupua te Kawa, including (if Te Pou Tupua and the agency, body, or decision maker agree) by developing or reviewing relevant guidelines or policies:

may participate in any statutory process affecting Te Awa Tupua in which Te Pou Tupua would be entitled to participate under any legislation.

of the name of the proposed nominee:

inviting comment from the other nominator on the suitability of the proposed nominee, having regard to the requirement of subsection (5).

the iwi with interests in the Whanganui River:

the nominating Minister.

income derived by Te Awa Tupua is treated as income derived by Te Pou Tupua; and

expenditure incurred by Te Awa Tupua is treated as expenditure incurred by Te Pou Tupua; and

the application of funds attributable to Te Awa Tupua is treated as the application of funds attributable to Te Pou Tupua; and

goods and services supplied by Te Awa Tupua are treated as goods and services supplied by Te Pou Tupua; and

goods and services acquired or used by Te Awa Tupua are treated as goods and services acquired or used by Te Pou Tupua; and

obligations placed on Te Awa Tupua under section 15B of the Tax Administration Act 1994 are treated as obligations placed on Te Pou Tupua.

1 person appointed by the trustees; and

1 person appointed by the iwi with interests in the Whanganui River (other than Whanganui Iwi); and

1 person appointed by the relevant local authorities.

the iwi or hapū with interests in the Whanganui; and

local authorities; and

relevant departments of State; and

other agencies that Te Pou Tupua considers relevant in the circumstances.

to monitor the implementation of Te Heke Ngahuru; and

to review Te Heke Ngahuru; and

to provide a forum for discussion of issues relating to the health and well-being of Te Awa Tupua; and

to perform any functions that may be delegated to it by a local authority; and

to take any other action that Te Kōpuka considers appropriate for achieving its purpose and performing its functions.

the Te Awa Tupua status; and

Tupua te Kawa.

1 member appointed by the trustees:

up to 5 members appointed by the iwi with interests in the Whanganui River:

up to 4 members appointed by the relevant local authorities:

1 member appointed by the Director-General of Conservation:

1 member appointed by the New Zealand Fish and Game Council or its successor:

1 member appointed by Genesis Energy Limited or its successor:

1 member appointed to represent environmental and conservation interests:

1 member appointed to represent tourism interests:

1 member appointed to represent recreational interests:

1 member appointed to represent the primary industries sector.

after the settlement date; or

after the commencement of any subsequent term.

be satisfied that the person to be appointed has the mana, skills, knowledge, or experience—

have regard to any members already appointed to Te Kōpuka so as to ensure that the membership reflects a balanced mix of skills, knowledge, and experience.

the Manawatu–Wanganui Regional Council; and

the Ruapehu District Council; and

the Stratford District Council; and

the Whanganui District Council.

identify the issues relevant to the health and well-being of Te Awa Tupua; and

provide a strategy to deal with those issues; and

recommend actions to deal with those issues.

the Acts listed in clause 1 of Schedule 2; and

the Heritage New Zealand Pouhere Taonga Act 2014; and

the rest of the Resource Management Act 1991.

if the exercise or performance of that function, power, or duty relates to—

in a manner that is consistent with the purpose of the Act under which that function, power, or duty is exercised or performed; and

if, and to the extent that, Te Heke Ngahuru relates to that function, power, or duty.

must consider its RMA planning documents in light of the Te Awa Tupua status, Tupua te Kawa, and Te Heke Ngahuru; and

may, in its discretion, initiate a review of an RMA planning document under section 79 of the Resource Management Act 1991 in order to meet its obligations under sections 15(2) and (3) and 37(1).

the local authority must inform Te Kōpuka and Te Pou Tupua of the outcome of the review; and

if it considers that an RMA planning document requires alteration, it may propose to change the document under Schedule 1 of the Resource Management Act 1991; but

if it considers that an RMA planning document does not require alteration, it need not give public notice of that document despite section 79 of the Resource Management Act 1991.

a conservation area under the Conservation Act 1987 ceases to be a conservation area:

Crown land under the Land Act 1948 ceases to be Crown land:

a national park under the National Parks Act 1980 ceases to be a national park:

a reserve under the Reserves Act 1977 has its reservation revoked.

legal roads; or

railway infrastructure; or

structures; or

to avoid doubt, any part of the bed of the Whanganui River—

a conservation area is declared to be a conservation area under the Conservation Act 1987 and is subject to the same conservation purposes that applied before the vesting by section 41(1):

a national park is declared to be a national park under the National Parks Act 1980:

a reserve is declared to be a reserve under the Reserves Act 1977 and subject to the same reserve classification that it had immediately before the vesting by section 41(1).

the land vested by section 41(1); and

any land vested under section 53(3) or 55(3)(a).

means to sell, gift, mortgage, charge, or otherwise transfer; but

does not include—

fully inform Te Pou Tupua of the matter that has arisen; and

engage with Te Pou Tupua on the development of any proposal, including the nature and terms of any proposed acquisition or taking of land that is less than a fee simple estate in the land.

to provide Te Pou Tupua with relevant information on the nature of the matter that has arisen; and

to invite Te Pou Tupua to participate with the Crown or local authority, as the case may be, in developing the nature and terms of any acquisition or taking of an interest in land less than a fee simple estate in the land.

Part 4A of the Conservation Act 1987:

the Public Works Act 1981, except as provided for by section 55(2)(b):

sections 24 and 25 of the Reserves Act 1977:

Te Ture Whenua Maori Act 1993, except as expressly provided for in this Act.

limit section 10 or 11 of the Crown Minerals Act 1991; or

affect other lawful rights to subsurface minerals.

the vesting by section 41(1) or under section 53(3); or

any vesting in the Crown under section 54(2) or 55(7); or

any matter incidental to, or required for the purpose of, any vesting.

a proprietary interest in water; or

a proprietary interest in wildlife, fish, aquatic life, seaweeds, or plants (except in relation to plants attached to the bed of the Whanganui River).

existing public use of, and access to and across, the Whanganui River, including navigation rights; and

existing private property rights, including customary rights and title; and

the existing rights of State-owned enterprises and mixed ownership model companies; and

existing resource consents and other existing statutory authorisations; and

fishing rights recognised under—

the existing ownership of, and consents for, lawful structures in or on any part of the Whanganui River, and any existing lawful rights to use, access, occupy, maintain, remove, repair, or demolish those structures; and

the statutory functions, powers, and duties of the relevant local authorities, except as otherwise provided in this Act; and

the application of any other enactment, unless expressly provided otherwise by this Act.

the consent of Te Pou Tupua to use water is not required but a consent authority may determine under the Resource Management Act 1991 that Te Pou Tupua is an affected person for the purpose of applications for resource consents relating to water; and

the consent of Te Pou Tupua may be required in relation to the use of the bed of the Whanganui River.

the land is no longer part of the bed of the Whanganui River; or

the interest expires or is terminated, whichever is the sooner.

Te Pou Tupua is to be treated as the grantor of any existing interests granted at any time before the vesting by the Crown as the landowner; and

a reference in a document to the enactment under which that interest was granted is to be read as a reference to this Act.

applies to land—

does not apply to Māori land.

the legal owners of the fee simple estate in the land, if the legal owners are different from the beneficial owners of the land:

any legal owners of the fee simple estate in the land, if the legal owners are the same as the beneficial owners:

Te Pou Tupua.

without the consent, as applicable, of—

without the consent of the legal owners of the fee simple estate in the land, if that owner differs from the beneficial owners of the land.

the reservation of the land is first cancelled under section 338 of that Act; or

the land to be vested in Te Awa Tupua under subsection (1) is first excluded from the reservation under that section.

to provide for reasonable access to any part of the balance land:

to apportion or adjust, as between the land vested in Te Awa Tupua under subsection (1) and the balance land, all rights, obligations, or liabilities arising from any lease, licence, mortgage, or charge to which the land is subject at the date of the vesting.

may exercise those powers as it thinks equitable; but

must not, if the land is subject to a mortgage or lease, apportion or adjust any rights, obligations, or liabilities without the consent of the mortgagee or lessee.

has effect according to its tenor in the same manner and in all respects as if the necessary transfers, releases, covenants, and other dispositions or agreements had been duly made by the appropriate persons; and

may be registered under the Land Transfer Act 1952 accordingly.

section 43 (relating to rehearings):

section 44 (relating to the special powers of the Chief Judge):

section 49 (which confers a right of appeal to the Māori Appellate Court):

section 77 (which provides for when orders become conclusive):

section 123 (which provides for orders affecting title to Māori freehold land to be registered).

cancel the existing computer register for both the balance land and the land that is transferred or vested; and

create 1 computer register for the estate in the balance land in the name of the registered proprietor immediately prior to the transfer or vesting, as the case may be.

to any part of the bed of the Whanganui River that—

for the purpose of enabling Te Pou Tupua to amalgamate land that no longer forms part of the bed of the Whanganui River with adjoining land owned by others (appurtenant land).

Te Pou Tupua may transfer the land referred to in subsection (1)(a) to the owner of the appurtenant land; or

in the case of land that was formerly Māori freehold land, the Māori Land Court may, on application by Te Pou Tupua, make a vesting order to vest the land in the owner of the appurtenant land.

must include in the order the relative interests of the several owners of the land, which must be calculated by reference to the relative values of the interests those owners hold in the appurtenant land; and

may vest the land in—

may cancel the titles under which the vested land and the appurtenant land are held and make an amalgamation order substituting for those titles 1 title for the whole of the land.

limit section 10 or 11 of the Crown Minerals Act 1991; or

affect other lawful rights to subsurface minerals.

while Te Awa Tupua is the legal owner of the land to which the orders apply; and

as if the orders were orders to which Part 5 of Te Ture Whenua Maori Act 1993 applies.

the land is held under an Act referred to in subsection (2); and

the land is or, because there is a change in the course of the River arising from a natural event or process, becomes part of the bed of the Whanganui River.

the Conservation Act 1987:

the Land Act 1948:

the National Parks Act 1980:

the Reserves Act 1977.

land that was part of the Crown-owned bed of the Whanganui River ceases to be part of the bed of the Whanganui River because there is a change in the course of the River arising from a natural event or process; and

the title to that land is not determined by an enactment or by the common law rules of accretion, erosion, or avulsion.

vests in the Crown; and

resumes the status it had immediately before it was vested in Te Awa Tupua, in accordance with the Act under which the land was formerly held.

notify Te Pou Tupua in writing as to the part of the bed that is no longer required for a public work; and

comply with the requirements of sections 40 and 41 of the Public Works Act 1981.

on and from the date on which that compliance is complete, that land vests in Te Awa Tupua; and

the chief executive of Land Information New Zealand must notify Te Pou Tupua in writing that that land has been vested in Te Awa Tupua under this subsection; and

that land must be described in the cadastre as part of the bed of the Whanganui River.

does not include structures or any part of the bed of the Whanganui River located in the marine and coastal area; but

despite section 11(1) of the Crown Minerals Act 1991, does include pakohe, gravel, sand, and shingle in or on the land that is vested, but only to the extent that they are owned by the Crown.

to the vesting of any part of the bed of the Whanganui River under subsection (3)(a); or

to any matter incidental to, or required by, that vesting.

land vested in Te Awa Tupua by subsection (3)(a) ceases to be part of the bed of the Whanganui River as a result of a change in the course of the River arising from a natural event or process; and

the title to that land is not determined by legislation or by the common law rules of accretion, erosion, or avulsion.

held by Te Awa Tupua; and

administered by Te Pou Tupua on behalf of Te Awa Tupua.

seek advice and recommendations from Te Karewao; but

make all final decisions in relation to Te Korotete.

grants from Te Korotete may be combined with funds from other sources:

Te Awa Tupua may seek and receive contributions for Te Korotete from any source.

any money (other than the Crown contribution) that is provided for Te Korotete; and

income derived from the Crown contribution or any additional money.

as provided for by subsection (1); or

as Te Pou Tupua considers is consistent with the performance of its functions and the purpose of Te Korotete, including to meet the costs associated with the performance of the functions of Te Pou Tupua under section 19.

cause an incorporated or unincorporated body to be formed or registered under any name, title, style, or designation that includes the name Te Awa Tupua:

carry on trade activities under any name, title, style, or designation that includes the name Te Awa Tupua:

in relation to any commercial goods or services, display, exhibit, or otherwise use in any business, trade, or occupation, a name, title, style, or designation that includes the name Te Awa Tupua.

an iwi with interests in the Whanganui River:

any person, for use for an educational or other charitable purpose.

is consistent with Tupua te Kawa; and

promotes the health and well-being of Te Awa Tupua.

notify the trustees of the authorisation requested; and

obtain and consider the views of the trustees before making a decision on any request for an authorisation under subsection (1).

use any relevant statutory process to object to the use of the name; and

give written notice to any person—

apply to a court for—

Te Pou Tupua; and

the Secretary for the Environment; and

the Director-General; and

the relevant local authorities.

relating to the Whanganui River:

for activities in the Whanganui River catchment that affect the Whanganui River.

skills, knowledge, and experience in a range of disciplines including tikanga Māori; and

knowledge of the Whanganui River; and

an understanding of Te Awa Tupua and Te Pā Auroa nā Te Awa Tupua.

a consent authority determines that Te Pou Tupua is an affected person in relation to a resource consent application relating to the Whanganui River or activities within the Whanganui River catchment that affect the River; and

Te Pou Tupua gives written consent to the application.

review how activities carried out on the surface of the water of the Whanganui River are being regulated; and

consider how to improve and co-ordinate the management of those activities.

iwi with interests in the Whanganui River; and

the Department of Conservation; and

Maritime New Zealand; and

the relevant local authorities.

the nature and extent of existing and possible future activities on the surface of the Whanganui River; and

the existing regulatory provisions for managing and controlling activities on the surface of the Whanganui River; and

the relationship between activities on the surface of the Whanganui River and activities on land adjacent to the River; and

matters relevant to public health and safety; and

the health and well-being of Te Awa Tupua; and

any other relevant matters.

consult Te Pou Tupua, as appropriate; and

report to the relevant Ministers on the completion of their work.

means the provisions of any statute that provide for the matters described in that paragraph; and

includes instruments made under the statute for the same purpose, such as regulations, rules, bylaws, standards, and instruments such as policy statements and plans.

the Minister of Conservation:

the Minister for the Environment:

the Minister for Workplace Relations and Safety:

the Minister of Local Government:

the Minister for Māori Development:

the Minister of Transport.

public health and safety:

the health and well-being of Te Awa Tupua:

any other matter relevant to the management of those activities.

co-ordinate the planning and management activities of organisations with responsibility for fisheries or fish habitat management in the Whanganui River catchment; and

provide a forum for the iwi with interests in the Whanganui River to contribute to the protection, management, and sustainable utilisation of fisheries and fish habitat managed in the Whanganui River under any relevant legislation, including—

iwi with interests in the Whanganui River; and

the Ministry for Primary Industries; and

the Department of Conservation; and

the New Zealand Fish and Game Council; and

the Manawatu–Wanganui Regional Council.

the Fisheries Act 1996; or

the deed of settlement dated 23 September 1992 signed by the Crown and Māori and referred to in the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

the management of customary food gathering by iwi with interests in the Whanganui River; and

the issuing of customary authorisations.

the National Parks Act 1980; or

except as provided for in this section, the Protected Objects Act 1975.

as home for the iwi and hapū of Whanganui, with 143 known marae along the length of the River; and

as a means of travel, trade, and social and cultural connection for the people of the River; and

as a food basket and fishery; and

as a source of rongoā and other resources.

raising grievances directly with the Crown, including numerous petitions to Parliament beginning in the nineteenth century; and

pursuing legal proceedings regarding the ownership of the bed of the Whanganui River through a succession of courts and a Royal Commission of Inquiry between 1938 and 1962; and

opposing the establishment and operation of the Tongariro Power Scheme, including litigation relating to the effect of the scheme on the Whanganui River; and

filing claims regarding the Whanganui River in the Waitangi Tribunal.

the enactment of the Wanganui River Trust Act 1891 and its amendments, which empowered the Wanganui River Trust to erect jetties, clear the Whanganui River for navigation purposes, and control and sell river gravel and shingle; and

the enactment of the Coal-mines Act Amendment Act 1903, which deemed the beds of all navigable rivers to “have always been vested in the Crown” and that all minerals contained within those river beds belonged to the Crown; and

the acquisition of over 6 700 acres of riparian land owned by Whanganui Iwi along the Whanganui River under the Public Works Act 1908 for scenery preservation purposes.

from the mid-1880s the Crown started to remove pā tuna and utu piharau and alter the Whanganui River to enable the passage of steam boats on the River; and

the removal of pā tuna and utu piharau adversely affected an important food source and valuable taonga of Whanganui Iwi; and

Whanganui Iwi opposed the actions of the Wanganui River Trust in relation to the clearance of the Whanganui River, including the destruction and damage of pā tuna and utu piharau, which led to the conviction of members of Whanganui Iwi who took steps to try to protect their taonga; and

River clearances contributed to a decline in the exercise of customary fishing practices by the iwi and hapū of Whanganui and an associated loss of mātauranga.

was in part a reaction to the Crown’s actions affecting the Whanganui River; and

was required to be framed in terms of English law as a claim for a title to the riverbed, rather than to the River as an indivisible whole; and

resulted in several findings between 1938 and 1954 that Whanganui Iwi had held the bed of the Whanganui River at 1840 under their customs and usages; and

remains one of the longest cases in New Zealand legal history; and

was pursued at significant financial and emotional cost to the hapū and whānau of Whanganui.

the Crown was aware of the concerns of Whanganui Iwi in relation to the scheme; and

the Crown failed to consult with Whanganui Iwi; and

the Crown’s failure to consult with Whanganui Iwi was inconsistent with the Crown’s duty to act in good faith towards Whanganui Iwi and was a breach of the Treaty of Waitangi and its principles.

is considered by Whanganui Iwi to be inconsistent with their tikanga; and

has had an adverse effect on the cultural and spiritual values of Whanganui Iwi; and

has caused distress and remains a significant grievance for Whanganui Iwi.

its natural, scenic, and conservation value; and

its value for recreation and tourism; and

its economic and historical value as the longest navigable river in New Zealand and use as a “highway” during European settlement in the nineteenth and early twentieth centuries; and

its value as a resource for gravel extraction; and

its value as a resource for electricity generation, including the significant contribution it has to the generation and stability of New Zealand’s electricity supply.

The Crown makes this apology in respect of the Whanganui River to the iwi and hapū of Whanganui, their tūpuna, and their uri.

The Crown recognises through this settlement that Te Awa Tupua embodies the Whanganui River as an indivisible whole from the mountains to the sea and the inalienable interconnection between the iwi and hapū of Whanganui and the Whanganui River, as expressed in the Whanganui pepeha “E rere kau mai te Awa nui, mai i te Kāhui Maunga ki Tangaroa. Ko au te awa, ko te awa ko au” (“The Great River flows from the mountains to the sea. I am the River and the River is me”).

The Crown unreservedly apologises for its actions and omissions that have breached the Treaty of Waitangi and its principles and damaged the special relationship between the iwi and hapū of Whanganui and the Whanganui River.

The Crown deeply regrets that it undermined the ability of Whanganui Iwi to exercise their customary rights and responsibilities in respect of the Whanganui River, and consequently the expression of their mana. The Crown further regrets that this compromised the physical, cultural, and spiritual well-being of the iwi and hapū of Whanganui Iwi.

The Crown recognises that for generations the iwi and hapū of Whanganui have tirelessly pursued justice in respect of the Whanganui River. The Crown recognises and sincerely regrets the opportunities it has missed, until now, to adequately address those grievances. Redress, through this settlement (Ruruku Whakatupua) and the Te Awa Tupua framework (Te Pā Auroa nā Te Awa Tupua), is long overdue.

With this apology the Crown seeks to atone for its past wrongs, and begin the process of healing. This settlement marks the beginning of a renewed and enduring relationship between Whanganui Iwi and the Crown that has Te Awa Tupua at its centre and is based on mutual trust and cooperation, good faith, and respect for the Treaty of Waitangi and its principles.”

have an inalienable interconnection with Te Awa Tupua and its health and well-being; and

have responsibility to Te Awa Tupua in relation to its health and well-being.

the relationship of Whanganui Iwi and Te Awa Tupua is a taonga of Whanganui Iwi; and

the recognition of Te Awa Tupua is based on the tikanga and mātauranga of Whanganui Iwi; and

Whanganui Iwi have responsibilities as tāngata tiaki in relation to—

are to be treated as—

are entitled to lodge submissions on a matter relating to or affecting the Whanganui River, if there is a process for lodging submissions in relation to that matter; and

are entitled to be heard on a matter relating to or affecting the Whanganui River, if a hearing, proceeding, or inquiry is to be held in relation to that matter; and

are recognised as having an interest in Te Awa Tupua greater than, and separate from, any interest in common with the public generally.

are to be treated as interested persons or a party; and

are entitled to lodge submissions on those matters, if there is a process for lodging submissions in relation to that matter; and

are entitled to be heard on those matters, if a hearing, proceeding, or inquiry is to be held in relation to that matter; and

are recognised as having an interest in Te Awa Tupua greater than, and separate from, any interest in common with the public generally.

clause 30 of Schedule 7 of the Local Government Act 2002; and

the Walking Access Act 2008.

that discretion continues despite sections 72 and 73; but

the decision maker must have regard to—

limit or remove any procedural requirements applying to the trustees in relation to lodging submissions or giving notice of an intention to be heard; or

prevent any other person, including any iwi or hapū with interests in the Whanganui River, from being recognised as an interested person on matters relating to, or affecting, the Whanganui River; or

recognise mana whenua in relation to the whole or any part of the Whanganui River or its catchment; or

bind, compromise, advantage, or disadvantage any other person; or

provide a precedent for any other matter.

means a requirement—

does not include a substantive requirement.

sections 9 to 17 of the Resource Management Act 1991; and

any rule in a regional plan or district plan; and

any requirement for a permit or an authorisation under the Conservation Act 1987, the National Parks Act 1980, or the Reserves Act 1977, unless section 81(1)(c) applies; and

any navigational bylaw; and

the requirement for a permit or an authorisation under any other enactment, except to the extent that section 81 applies.

the parts of the Whanganui River where an authorised customary activity may be carried out; and

who is permitted to carry out an authorised customary activity; and

any conditions to apply to carrying out an authorised customary activity, including the terms on which the activity may be limited or suspended in whole or in part.

the protocols and processes that apply to that activity; and

the criteria referred to in section 79.

a river stones activity:

a customary fishing activity.

the trustees, the Director-General, and any other relevant officer of the Crown must, in consultation with the relevant local authorities, develop under section 78, and agree, the criteria that must be met before the activity may be carried out on or over the Whanganui River; and

if the activity is to be carried out on or over any part of the Whanganui River that is administered under conservation legislation, the trustees and the Director-General must consider whether any further criteria are needed in respect of the activity.