Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698848842333.pdf (New Zealand)
Pire Whakataunga Kerēme a Ngāti Tūwharetoa Pire Kāwanatanga Tērā i pūrongotia e te Komiti Whiriwhiri Take Māori Ngā kōrero Tūtohutanga Kua āta tirohia e te Komiti Whiriwhiri Take Māori te Pire Whakataunga Kerēme a Ngāti Tūwharetoa, ā, e tūtohu ana kia whakamanatia me ngā whakatikanga e whakaa- turia ana.

Kupu whakataki E rapu ana te pire ki te whakamana i ētahi take i roto i te whakaaetanga whakataunga i waitohua e te Karauna me Ngāti Tūwharetoa i te 8 Hūrae 2017.
Ko te whakaaetanga te whakataunga whakamutunga o ngā kerēme hītori Tiriti o Waitanga a Ngāti Tū- wharetoa i hua ake i ngā mahi, i ngā aweretanga rānei a te Karauna i mua i te 21 He- petema 1992.

Ka pupuri hoki i ngā mihi me te whakapāha a te Karauna ki a Ngāti Tūwharetoa.

Ka whakaahua, ka whakatau hoki te pire i ngā kerēme hītori.

Kei te wāhanga 1 he whakarāpopoto o te hītori, ngā mihi, me te whakapāha a te Karauna.
Ka tahuri ngā wāhanga 2 ki te 4 ki ngā whakatikanga hapa ā-ahurea, ā-pūtea, ā-tauhoko, aha kē rā- nei mō Ngāti Tūwharetoa.

Ka whakatakoto te wāhanga 5 i ngā whakakahoretanga i puta mō ngā Taupō Landing Reserve Regulations 1938 me ngā Tongariro Hatchery Anglers’ Camping Ground Regulations 1954.

E 36 ngā tāpaetanga taketake i whiwhi i a mātau.

15 o ēnei i tautoko i te katoa, i ētahi wāhanga rānei o te pire, 15 kāore i tautohu i te tū, ā, e 6 rawa i whakahē i te pire.
E 44 ngā tāpaetanga tāpiri i whiwhi hoki.

Mō Ngāti Tūwharetoa Ko Ngāti Tūwharetoa te iwi tuarima nei te nui i Aotearoa, ko tōna 36,000 ngā uri.

Ko te pokapū o te rohe o Ngāti Tūwharetoa ko Taupō Moana me te Central Plateau, ā, ka kopi te nuinga o te Puku o te Ika me te rohe o Te Arawa.

289—2 2 Pire Whakataunga Kerēme a Ngāti Tūwharetoa Ngā kōrero Ka whakatauria rawatia e te whakataunga nei ngā Kerēme hītori Tiriti a Ngāti Tū- wharetoa.
He huhua nei ngā whakataunga me ngā whakaaetanga iti nei a te iwi kua oti i te Karauna kāore nei e whai wāhi ki te whakataunga whānui nei nā.

Ko te Rōpū Whakahere ā Muri i te Whakataunga o Ngāti Tūwharetoa ko Te Kotahi- tanga o Ngāti Tūwharetoa (TKT).

Whakatikatanga e marohitia ana E tūtohu ana mātau kia whakatikangia te rārangi 14(3)(a) kia rārangi mai ngā kerēme Wai e 24 e pā ana ki a Ngāti Tūwharetoa kāore nei e rārangi mai ana i te whakatako- toranga o ngā kerēme i roto i te Whakaaetanga me te pire.
I huraina ngā kerēme nei e ngā kaiwhakamāherehere nāna nei i arotake te pire i te pūnaha tāpaetanga.

I kīa mai ka kore e rārangi mai aua kerēme i roto i te pire, ka wāwāhingia Te Tiriti o Waitangi.

He whāiti, he hangarau ētahi atu whakatikatika e marohi nei mātau ki te pire.

Ka wha- katakoto ngā wāhanga i raro iho nei ngā take whakataunga i kōrerohia e mātau i tā mātau whiriwhiri i te pire nei.

Ngā kerēme inaki E 20 ngā iwi, hapū rānei e inaki ana ki te rohe o Ngāti Tūwharetoa.
I waenga i a rātau, e waru rawa ngā rōpū e kaha rawa nei te inaki ki a Ngāti Tūwharetoa: • • • • • • • • Ngāti Tahu–Ngāti Whaoa (uri o Te Arawa) Ngāti Raukawa Maniapoto Ngāti Hāua (Northern Whanganui Large Natural Group (LNG)) Te Korowai o Wainuiārua (Central Whanganui LNG) Ngāti Rangi (Eastern Whanganui LNG) Ngāti Tūwharetoa ki Kawerau (Bay of Plenty) Mōkai Pātea.
Mai anō i te tau 2015, i whakawhitiwhiti kōrero Te Tari Whakatau Take e pā ana ki te Tiriti o Waitangi me te Tūwharetoa Hapū Forum (THF), ā, i hui tahi hoki me ngā rōpū inaki ki te kimi tautoko mō te kete whakataunga i marohitia.

Whenua Rāhui o Rotokawa E tika ana kia mātotoru ngā kōrero i waenga i a Ngāti Tūwharetoa me Ngāti Tahu- Ngāti Whaoa mō te whakatikanga hapa inaki.
Tērā koa ko te whakaaro ki te tuku i te Whenua Rāhui o Rotokawa ki te Rōpū Whakahaere ā Muri i te Whakataunga o Ngāti Tūwharetoa hei te rā whakataunga.

I te Hūrae 2016, i whakahaere te Karauna i tētahi hui me Ngāti Tūwharetoa me Ngāti Tahu-Ngāti Whaoa kia whakaaetia ai te whakatikanga hapa e marohitia ana.

I wha- kaaetia e Ngāti Tūwharetoa me Ngāti Tahu-Ngāti Whaoa te nuinga o te whakatikanga hapa inaki, engari kaua ko te Whenua Rāhui.
Ngā kōrero Pire Whakataunga Kerēme a Ngāti Tūwharetoa 3 I te Hepetema 2016, i tango te Karauna i te Whenua Rāhui o Rotokawa i te kete wha- kataunga a Ngāti Tūwharetoa nā te korenga o te Tūwharetoa Hapū Forum me te Rūn- anga Trust i whakaae.

E whakahēngia ana te tangohanga o te Whenua Rāhui i te kete whakataunga a Ngāti T ūwharetoa, he putanga o te tukanga kerēme inaki a te Karauna.

E iwa rawa ngā tā- paetanga whakahē a ētahi tāngata, hapū, rōpū hoki o Ngāti Tūwharetoa.
Kua whaka- puaki a Ngāti Tahu-Ngāti Whaoa i tana tautoko i taua whakatau.

I whiwhi kupu whakamāherehere mātau, arā kei tua o tā mātau e taea nei te tūtohu hei whakatikatika ki te pire ko te inoi a ngā kaitāpae o Ngāti Tūwharetoa.

He kore nō te Whenua Rāhui e whai wāhi ki te pire.

E ai ki te whakamāherehere a Te Tari Whaka- tau Take e pā ana ki te Tiriti o Waitangi, he pakari te tukanga kerēme inaki, ā, e mauru ana te Karauna i te āhua o te whakataunga o ngā kerēme inaki.
Ngā take i whakaarangia e Te Kotahitanga o Ngāti Tūwharetoa Whenua Rāhui Whakangahau o Motutere I roto i tana tāpaetanga, i inoi a TKT kia whai wāhi ki te pire te Whenua Rāhui Wha- kangahau o Motutere hei whakatikanga hapa ā-ahurea, hei ritenga rānei e hoki ai te whenua ki a Ngāti Tūwharetoa ā te wā.

E tautoko ana te Kaunihera ā-Rohe o Taupō i te kaonga o te whenua rāhui ki te pire.

I whakamāhereheretia mātau e Te Tari Whakatau Take e pā ana ki te Tiriti o Waitangi, kāore te whenua rāhui i roto i te pire.
Nā reira i noho ai te inoi a ngā kaitāpae o Ngāti Tūwharetoa i tua o ngā whakatikatika ki te pire nei e taea ana e mātau te tūtohu.

E whakapae ana mātau, tērā pea ka hiahia a Ngāti Tūwharetoa ki te whai huarahi kē i waho o te tukanga whakataunga mō te whenua rāhui.

Waiteti Landcorp Farm E rua rawa ngā tāpaetanga, nā TKT tētahi, e hāngai ana ki te Waitetī Landcorp Farm.
Ka inoi kia whai wāhi tēnei ki te pire hei whakatikanga hapa ā-ahurea, kia whakata- kotoria rānei he wā pai kia āta rangahau a Ngāti Tūwharetoa me Landcorp Farming Limited, kia whakaritea he utu mō te hoko i Waitetī.

I whakamāhereheretia mātau kei tua te inoi nei i ngā whakatikatika ki te pire e taea ana e mātau te tūtohu.
E tutuki ai te inoi nei, me kaha tonu nei te panoni i te kaupapa here a te Karauna e pā ana ki te āhua o te whakamahi i ngā pāmu o Landcorp hei whakatikanga hapa i ngā whakataunga Tiriti.

Whenua o Ōnekeneke I whakamāhereheretia mātau ki tētahi take e pā ana ki te whenua o Ōnekeneke me te rīhi o te DeBrett’s Land Act 1948.
E haere tonu ana ngā kōrero te Tari Whakatau Take e pā ana ki te Tiriti o Waitangi me Te Ringa Atawhai, ā, ka kōrerorero hoki ki a TKT me ngā rōpū e whai pānga ana hei whakatau i te take.

I kī mai ngā kaiwhakamāhere- here mā te Pepa Whakataunga Tāpiri pea te take nei e whakatau hei te whiringa a te Komiti o te Whare katoa.

4 Pire Whakataunga Kerēme a Ngāti Tūwharetoa Ngā kōrero Tāpiritanga Tukanga komiti I tukuna mai te Pire Whakataunga Kerēme a Ngāti Tūwharetoa ki te komiti i te 19 Tihema 2017.
Ko te rā aukati i ngā tāpaetanga ko te 2 Pepuere 2018.

E 80 ngā tāpae- tanga i whiwhi, i whiriwhiria hoki nā ngā rōpū me ngā tāngata whai pānga.

I rongo mātau i ngā kōrero ā-waha a ngā kaitāpae e 29 i te hui i Taupō.

I whiwhi mātau i ngā whakamāherehere a Te Tari Whakatau Take e pā ana ki te Tiriti o Waitangi.
Ngā mema o te komiti Rino Tirikatene (Heamana) Marama Davidson Hon Christopher Finlayson Joanne Hayes Harete Hipango Tutehounuku Korako Jenny Marcroft Adrian Rurawhe Ngāti Tūwharetoa Claims Settlement Bill Government Bill As reported from the Māori Affairs Committee Commentary Recommendation The Māori Affairs Committee has examined the Ngāti Tūwharetoa Claims Settlement Bill and recommends that it be passed with the amendments shown.
Introduction The bill seeks to give effect to matters contained in the deed of settlement signed be- tween the Crown and Ngāti Tūwharetoa on 8 July 2017.

The deed will be the final settlement of the historical Treaty of Waitangi claims of Ngāti Tūwharetoa resulting from acts or omissions by the Crown before 21 September 1992.

It also records the acknowledgements and apology that the Crown offered to Ngāti Tūwharetoa.

The bill defines and settles the historical claims.
Part 1 includes a summary of the his- torical account, acknowledgements, and an apology from the Crown.

Parts 2 to 4 deal with cultural, financial, commercial and other redress for Ngāti Tūwharetoa.

Part 5 sets out consequential revocations for the Taupō Landing Reserve Regulations 1938 and the Tongariro Hatchery Anglers’ Camping Ground Regulations 1954.

We received 36 original submissions.

Of these, 15 supported the bill in full or in part, 15 did not state a position, and 6 opposed the bill.
We also received 44 supplementary submissions.

About Ngāti Tūwharetoa Ngāti Tūwharetoa is the fifth largest iwi in New Zealand, with about 36,000 mem- bers.

The Ngāti Tūwharetoa area centres on Lake Taupō (Taupōmoana) and the Cen- tral Plateau, and covers most of the Central North Island and Te Arawa regions.

This settlement comprehensively settles Ngāti Tūwharetoa’s historical Treaty claims.
The iwi has had several previous partial settlements and agreements addressed by the Crown on claims not included in the comprehensive settlement.

289—2 2 Ngāti Tūwharetoa Claims Settlement Bill Commentary Te Kotahitanga o Ngāti Tūwharetoa (TKT) is the Ngāti Tūwharetoa post-settlement governance entity.

Proposed amendment We recommend amending clause 14(3)(a) to list the 24 Wai claims relating to Ngāti Tūwharetoa that are not listed in the definition of claims included in the deed or the bill.
These claims were discovered by advisers reviewing the bill during the submis- sions process.

We were advised that failing to list these claims in the bill would breach the Treaty of Waitangi.

Other amendments we recommend to the bill are minor and technical in nature.

The following sections outline the settlement issues we discussed during our consideration of this bill.

Overlapping claims The Ngāti Tūwharetoa area is overlapped by 20 neighbouring iwi or hapū.
Of these, eight groups are most heavily overlapped with Ngāti Tūwharetoa: • • • • • • • • Ngāti Tahu–Ngāti Whaoa (affiliates with Te Arawa) Ngāti Raukawa Maniapoto Ngāti Hāua (Northern Whanganui Large Natural Group (LNG)) Te Korowai o Wainuiārua (Central Whanganui LNG) Ngāti Rangi (Eastern Whanganui LNG) Ngāti Tūwharetoa ki Kawerau (Bay of Plenty) Mōkai Pātea.
Since early 2015, the Office of Treaty Settlements and the Tūwharetoa Hapū Forum (THF) exchanged correspondence and met with overlapping groups to seek support for the proposed settlement package.

Lake Rotokawa Conservation Area Extensive consultation was required between Ngāti Tūwharetoa and Ngāti Tahu–Ngā- ti Whaoa on overlapping redress.

Of particular concern was the proposal to vest the Lake Rotokawa Conservation Area in the Ngāti Tūwharetoa Post-Settlement Govern- ance Entity on the settlement date.
In July 2016, the Crown facilitated a meeting with Ngāti Tūwharetoa and Ngāti Ta- hu–Ngāti Whaoa to try to reach agreement on the proposed redress.

Ngāti Tūwhare- toa and Ngāti Tahu–Ngāti Whaoa reached agreement on the majority of overlapping redress, but not the conservation area.

In September 2016, the Crown removed the Lake Rotokawa Conservation Area from the Ngāti Tūwharetoa settlement package because the Tūwharetoa Hapū Forum and the Rūnanga Trust failed to reach agreement.
Commentary Ngāti Tūwharetoa Claims Settlement Bill 3 Nine submissions, from Ngāti Tūwharetoa individuals, hapū, and entities, object to the removal of the conservation area from the Ngāti Tūwharetoa settlement package as a result of the Crown’s overlapping claims process.

Ngāti Tahu–Ngāti Whaoa have expressed support for the decision.

We received advice that the request by Ngāti Tūwharetoa submitters falls outside the scope of the amendments to the bill that we can recommend.
This is because the con- servation area is not included in the bill.

According to advice we received from the Office of Treaty Settlements, the overlapping claims process has been robust and overlapping claims have been resolved to the Crown’s satisfaction.
Issues raised by Te Kotahitanga o Ngāti Tūwharetoa Motutere Recreation Reserve In its submission, TKT requested that the bill include the Motutere Recreation Re- serve as cultural redress or a mechanism for the reserve to be returned to Ngāti Tū- wharetoa in the future.

The Taupō District Council supports the reserve being inclu- ded in the bill.
The Office of Treaty Settlements advised us that the reserve is not included in the bill and therefore the request by Ngāti Tūwharetoa submitters falls outside the scope of amendments to this bill that we can recommend.

We suggest that Ngāti Tūwharetoa may wish to pursue arrangements for the reserve outside of the settlement process.

Waiteti Landcorp Farm Two submissions, including one from TKT, discussed the Waiteti Landcorp Farm.
They asked that the bill include it as cultural redress or state a reasonable timeframe for Ngāti Tūwharetoa and Landcorp Farming Limited to complete due diligence and negotiate the price for purchasing Waiteti.

We were advised that the request falls outside the scope of amendments to this bill that we can recommend.

Agreeing to this request would also require a significant change of Crown policy on how Landcorp farms can be used as redress in Treaty settlements.
Ōnekeneke property We were advised about an issue regarding the Ōnekeneke property and the DeBrett’s Land Act 1948 lease.

The Office of Treaty Settlements is in ongoing discussions with the Department of Conservation, and will consult with TKT and affected third parties to rectify the situation.

Advisers told us that a Supplementary Order Paper will likely be required during the Committee of the whole House stage to address this issue.
4 Ngāti Tūwharetoa Claims Settlement Bill Commentary Appendix Committee process The Ngāti Tūwharetoa Claims Settlement Bill was referred to the committee on 19 December 2017.

The closing date for submissions was 2 February 2018.

We received and considered 80 submissions from interested groups and individuals.

We heard oral evidence from 29 submitters at a hearing in Taupō.

We received advice from the Office of Treaty Settlements.
Committee membership Rino Tirikatene (Chairperson) Marama Davidson Hon Christopher Finlayson Joanne Hayes Harete Hipango Tutehounuku Korako Jenny Marcroft Adrian Rurawhe Ngāti Tūwharetoa Claims Settlement Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Andrew Little Ngāti Tūwharetoa Claims Settlement Bill Government Bill Contents Title Commencement Part 1 Preliminary matters, acknowledgements and apology, and settlement of historical claims Preliminary matters Purpose Provisions to take effect on settlement date Act binds the Crown Outline Summary of historical account, acknowledgements, and apology of the Crown Summary of historical account, acknowledgements, and apology Summary of historical account Acknowledgements Apology Interpretation Interpretation of Act generally Interpretation Meaning of Ngāti Tūwharetoa Meaning of historical claims Historical claims settled and jurisdiction of courts, etc, removed Settlement of historical claims final 289—2 Page Ngāti Tūwharetoa Claims Settlement Bill Amendment to Treaty of Waitangi Act 1975 Amendment to Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply Certain enactments do not apply Resumptive memorials to be cancelled Miscellaneous matters Rule against perpetuities does not apply Access to deed of settlement Part 2 Cultural redress Subpart 1—Protocols Interpretation General provisions
 applying to protocols Issuing, amending, and cancelling protocols Protocols subject to rights, functions, and duties Enforcement of protocols Crown minerals Crown minerals protocol Primary industries Primary industries protocol Taonga tūturu Taonga tūturu protocol Subpart 2—Statutory acknowledgement and geothermal statutory acknowledgement Interpretation Statutory acknowledgement Statutory acknowledgement by the Crown Purposes of statutory acknowledgement Relevant consent authorities to have regard to
 statutory acknowledgement Environment Court to have regard to statutory acknowledgement Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement Recording statutory acknowledgement on statutory plans Provision of summary or notice to trustees Use of statutory acknowledgement Application of statutory acknowledgement to river, stream, or lake Ngāti Tūwharetoa Claims Settlement Bill Geothermal statutory acknowledgement Geothermal statutory acknowledgement by the Crown Purposes of geothermal statutory acknowledgement Relevant consent authorities to have regard to geothermal statutory acknowledgement Environment Court to have regard to geothermal statutory acknowledgement Recording geothermal statutory acknowledgement on statutory plans Provision of summary or notice to trustees Use of geothermal statutory acknowledgement General provisions relating to statutory acknowledgement and geothermal statutory acknowledgement Exercise of powers and performance of functions and duties Rights not affected Consequential amendment to Resource Management Act 1991 Amendment to Resource Management Act 1991 Subpart 3—Overlay classification Interpretation Declaration of overlay classification and the Crown’s acknowledgement Purposes of overlay classification Effect of protection principles Obligations on New
 Zealand Conservation Authority and Conservation Boards Noting of overlay classification in strategies and plans Notification in Gazette Actions by Director-General Amendment to strategies or plans Regulations Bylaws Effect of overlay classification on overlay site Termination of overlay classification Exercise of powers and performance of functions and duties Rights not affected Subpart 4—Official geographic names Interpretation Official geographic names Publication of official geographic names Subsequent
 alteration of official geographic names Name change for Crown protected area Ngāti Tūwharetoa Claims Settlement Bill Subpart 5—Vesting of cultural redress properties Interpretation Properties vested in fee simple Aratiatia site A Aratiatia site B Five Mile Bay site A Five Mile Bay site C Hautū property Karapiti property Karetoto property Parakiri site A Puanga Street property Part Former Tauranga Taupo School property Tawera Street property Te Huka North property Tokaanu Market property Properties vested in fee simple to be administered as reserves Atahaka property Five Mile Bay site B Five Mile Bay site D Application of Freedom Camping Act 2011 to Five Mile Bay Recreation Reserve (Five Mile Bay site D) Maunganamu property Motutere property Ngā Puna Wai Ariki ki Tokaanu property Ōmoho property Ōnekeneke property Modification of Conservation Act 1987 for Ōnekeneke property Oruatua property Paaka property Parakiri site B Ownership of improvements on Parakiri site B Parikarangaranga property Tauhara property Taupo Courthouse property Tauranga Taupō property Te Huka property Te Kōwhai property Te Rapa property Te Iringa o te Pouraka property Five-year right of entry onto Te Iringa o te Pouraka property by Crown 58 59 59 60 60 60 60 60 60 61 61 61 61 62 62 62 62 62 63 63 64 64 64 65 65 65 66 67 67
Ngāti Tūwharetoa Claims Settlement Bill Properties vested in fee simple subject to conservation covenants Tauhara Mountain property Te Huka South property General provisions applying to vesting of cultural redress properties Properties vest subject to or together with interests Interests in land
 for certain reserve properties Interests that are not interests in land Registration of ownership Application of Part 4A of Conservation Act 1987 Matters to be recorded on computer freehold register Application of other enactments Names of Crown protected areas discontinued Further provisions applying to reserve properties Application of other enactments to reserve properties Subsequent transfer of reserve land Transfer of reserve land to new administering body Transfer of reserve land where trustees change Reserve land not to be mortgaged Saving of bylaws, etc, in relation to reserve properties Relationship agreements Relationship agreement between trustees and Ministry for the Environment Te Piringa agreement between trustees, Minister, and Director- General Part 3 Commercial redress 123 Interpretation Subpart 1—Transfer of commercial redress properties and deferred selection properties The Crown may transfer properties Tauhara Recreation Reserve Waipapa Road Conservation Area Computer freehold registers for commercial redress properties and deferred selection properties property Computer freehold register for licensed land Authorised person may grant covenant for later creation of computer freehold register Application of other enactments Taurewa Station Ngāti Tūwharetoa Claims Settlement Bill Subpart 2—Licensed land 132 133 134 135 136 137 138 139
 Licensed land ceases to be Crown forest land Trustees are confirmed beneficiaries and licensors of licensed land Effect of transfer of licensed land Subpart 3—Access to protected sites Right of access to protected sites Right of access over licensed land Right of access to be recorded on computer freehold register Subpart 4—Right of first refusal over RFR land Interpretation Meaning of RFR land Restrictions on disposal of RFR land 140 Restrictions on disposal of RFR land Trustees’ right of first refusal
 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 Requirements for offer Expiry date of offer Withdrawal of offer Acceptance of offer Formation of contract Disposals to others but land remains RFR land Disposal to the Crown or Crown bodies Disposal of existing public works to local authorities Disposal of reserves to administering bodies Disposals to others where land may cease to be RFR land Disposal in accordance with obligations under enactment or rule of law Disposal in accordance with legal or equitable obligations Disposal under certain legislation Disposal of land held for public works Disposal for reserve or conservation purposes Disposal for charitable purposes Disposal to tenants 156 RFR landowner’s obligations subject to other matters RFR landowner obligations Notices about RFR land Notice to LINZ of RFR land with computer register after settlement date Notice to trustees of disposal of RFR land to others Notice to LINZ of land ceasing to be RFR land Notice requirements Ngāti Tūwharetoa Claims Settlement Bill Right of first refusal recorded on computer registers Right of first refusal to be recorded on computer registers for RFR land Removal of notifications when land to be transferred or vested Removal of notifications when RFR period ends General provisions applying to right of first refusal Waiver and variation Disposal of Crown bodies not
 affected Assignment of rights and obligations under this subpart 161 162 163 164 165 166 Part 4 Other redress Subpart 1—Te Kōpua Kānapanapa Interpretation 167 Interpretation 168 Establishment of Te Kōpua Kānapanapa Te Kōpua Kānapanapa established 169 170 171 172 173 174 175 176 Purpose, functions, and powers of Te Kōpua Kānapanapa Purpose of Te Kōpua Kānapanapa and Ngāti Tūwharetoa’s vision for Taupo Catchment Functions of Te Kōpua Kānapanapa General powers of Te Kōpua Kānapanapa Members Appointment of
 members of Te Kōpua Kānapanapa Duties of members Validity of acts not affected Term of Te Kōpua Kānapanapa Term of appointment of members Advisers and persons who may attend meetings of Te Kōpua Kānapanapa Subpart 2—Te Kaupapa Kaitiaki 177 Te Kaupapa Kaitiaki Obligations of local authorities and Environmental Protection Authority in relation to Te Kaupapa Kaitiaki Obligations of local authority in relation to RMA planning documents Effect of Te Kaupapa Kaitiaki on RMA planning documents and resource consent applications Obligations of local authority in relation to long-term and annual plans under Local Government Act 2002 178 179 180 95 96 96 96 97 97 98 99 99 100 101 101 101 102 102 102 103 104 104 104 7 Ngāti Tūwharetoa Claims Settlement Bill Subpart 3—Hearing commissioners Application Register of hearing commissioners Appointment of hearing commissioners by relevant authority Subpart 4—Rangitaiki River Forum and Hawke’s Bay Regional Planning Committee Membership of Rangitaiki River Forum Hawke’s Bay Regional Planning Committee Act 2015 amended Subpart 5—Taonga tūturu Interpretation Taonga tūturu Trustees must inform interested iwi Subpart 6—Conservation management strategy affecting Manaaki Whenua Tūwharetoa Interpretation Director-General and trustees jointly responsible for conservation management strategy affecting Manaaki Whenua Tūwharetoa Future extension of Manaaki Whenua Tūwharetoa to include identified area Minister and trustees jointly responsible under
 section 17F of Conservation Act 1987 Subpart 7—Conservation Act 1987 amended 181 182 183 184 185 186 187 188 189 190 191 192 193 Conservation Act 1987 amended Subpart 8—Trout Centre property Interpretation Trout Centre property Interests in land for Trout Centre property Interests that are not interests in land Registration of ownership of Trout Centre property Matters to be removed from computer freehold register Application of other enactments Taupo Fishery Regulations 2004 amended Part 5 Consequential
 revocations Taupo Landing Reserve Regulations 1938 revoked Tongariro Hatchery Anglers’ Camping Ground Regulations 1954 revoked Schedule 1 Statutory areas and geothermal fields Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 4 Schedule 2 Overlay sites Schedule 3 Cultural redress properties Schedule 4 Trout Centre property Schedule 5 Notices in relation to RFR land Schedule 6 Te Kōpua Kānapanapa 116 117 144 145 147 The Parliament of New Zealand enacts as follows: 1 2 Title This Act is the Ngāti Tūwharetoa Claims Settlement Act 2017.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
5 Part 1 Preliminary matters, acknowledgements and apology, and settlement of historical claims Preliminary matters 10 3 Purpose The purpose of this Act is— (a) (b) (c) to record in English the acknowledgements given by the Crown to Ngāti Tūwharetoa in the deed of settlement; and to record in English and te reo Māori the apology given by the Crown to Ngāti Tūwharetoa in the deed of settlement; and 15 to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Tūwharetoa.
4 (1) (2) Provisions to take effect on settlement date The provisions of this Act take effect on the settlement date unless stated other- wise.
20 Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— (a) the provision to have full effect on that date; or 9 Part 1 cl 5 Ngāti Tūwharetoa Claims Settlement Bill (b) (c) a power to be exercised under the provision on that date; or a duty to be performed under the provision on that date.

5 Act binds the Crown This Act binds the Crown.


6 (1) Outline This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
(2) This Part— (a) (b) (c) (d) (e) (f) (g) sets out the purpose of this Act; and provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and specifies that the Act binds the Crown; and sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Tūwhare- toa, as recorded in the deed of settlement; and defines terms used in this Act, including key terms such as Ngāti Tū- wharetoa and historical claims; and provides that the settlement of the historical claims is final; and provides for— 5 10 15 20 (i) (ii) (iii) (iv) (v) the effect of the settlement of the historical claims on the jurisdic- tion of a court, tribunal, or other judicial body in respect of the historical claims; and a consequential amendment to the Treaty of Waitangi Act 1975; and 25 the effect of the settlement on certain memorials; and the exclusion of the law against perpetuities; and access to the deed of settlement.
(3) Part 2 provides for cultural redress, including— (a) cultural redress that does not involve the vesting of land, namely,— (i) (ii) protocols for Crown minerals, primary industries, and taonga tū- turu on the terms set out in the documents schedule; and statutory acknowledgements by the Crown of the statements made by Ngāti Tūwharetoa of their cultural, historical, spiritual, and traditional association with certain statutory areas and their geo- thermal resource and the effect of those acknowledgements; and (iii) an overlay classification applying to certain sites; and 30 35 10 (4) (5) Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 6 (iv) the provision of official geographic names; and (b) cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties.
(b) Part 3 provides for commercial redress, including,— (a) in subpart 1, the transfer of land; and in subpart 2, the licensed land redress; and in subpart 3, the provision of access to protected sites; and in subpart 4, the right of first refusal (RFR) redress.
(d) (c) Part 4 provides for— (a) the establishment of Te Kōpua Kānapanapa and its functions in relation to the Taupo Catchment and related matters; and (b) (c) (d) (e) (f) (g) (h) the purpose of Te Kaupapa Kaitiaki and the obligations of local author- ities and the Environmental Protection Authority in relation to Te Kau- papa Kaitiaki; and an ability for Te Kōpua Kānapanapa to establish a register of hearing commissioners for the purposes of certain resource consent applications; and 2 additional appointments to the membership of the Rangitaiki River Forum; and the trustees of Te Kotahitanga o Ngāti Tūwharetoa to replace the Ngāti Tūwharetoa Forum Trust as tangata whenua appointers to the Hawke’s Bay Regional Planning Committee; and the management and custody of taonga tūturu that is found within the Accord area and identified as being of Ngāti Tūwharetoa in origin; and the role of the trustees and the Director-General in relation to conserva- tion management strategies for areas that are part of the Manaaki Whenua Tūwharetoa; and changes to the membership of the Conservation Board whose area of jur- isdiction includes the Tongariro National Park; and (i) particular redress relating to the Trout Centre property.
(6) (7) Part 5 provides for consequential revocations.
There are 6 schedules, as follows: (a) (b) Schedule 1 describes the statutory areas to which the statutory acknow- ledgement relates and the geothermal fields to which the geothermal ac- knowledgement relates: Schedule 2 describes the overlay sites to which the overlay classifica- tion applies: (c) Schedule 3 describes the cultural redress properties: 11 Part 1 cl 7 Ngāti Tūwharetoa Claims Settlement Bill (d) (e) Schedule 4 describes the Trout Centre property: Schedule 5 sets out provisions that apply to notices given in relation to RFR land: (f) Schedule 6 provides for matters relating to Te Kōpua Kānapanapa.
Summary of historical account, acknowledgements, and apology of the Crown 5 Summary of historical account, acknowledgements, and apology Section 8 summarises in English and te reo Māori the historical account in the deed of settlement, setting out the basis for the acknowledgements and apology.

Section 9 records in English the text of the acknowledgements given by the Crown to Ngāti Tūwharetoa in the deed of settlement.
10 Section 10 records in English and te reo Māori the text of the apology given by the Crown to Ngāti Tūwharetoa in the deed of settlement.

The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.

Summary of historical account Before 1860, Ngāti Tūwharetoa actively opposed Crown purchase negotiations for land in their rohe.
Following the invasion of Crown forces in the Waikato in 1863, Ngāti Tūwharetoa were drawn into the fighting because of their whaka- papa connections and allegiance to the Kīngitanga.

The war marked the begin- ning of widespread disruption to the social, political, and economic structures of Ngāti Tūwharetoa life.

A number of Ngāti Tūwharetoa people lost their lives in these battles.
In the 1860s, the Crown introduced a series of native land laws, which provi- ded for the individualisation of Māori land holdings that had previously been held in tribal tenure.

This induced profound change to systems of Māori cus- tomary land tenure, and contributed to the alienation of Ngāti Tūwharetoa whenua by undermining tribal control over their land.

Crown purchasing of Ngāti Tūwharetoa land also began in the 1860s and became increasingly inten- sive through the 1870s and 1880s.
By 1900, the Crown had acquired more than 430 000 acres of Ngāti Tūwharetoa land.

Today, much of this land remains in Crown ownership and forms large portions of the public conservation estate.

In the 1880s, the Crown sought to establish a national park around Tongariro Maunga.

In 1887, Horonuku Te Heuheu Tukino IV made a tuku of the 3 vol- canic peaks to protect and preserve the mountains for Ngāti Tūwharetoa, other iwi, and all New Zealanders.
The Ariki’s intention was to enter into a partner- ship with the Queen; however, legal ownership of the mountain peaks was ves- ted solely in the Crown, which began a process whereby Ngāti Tūwharetoa’s authority over the taonga in the Tongariro National Park has been greatly re- duced.
15 20 25 30 35 7 (1) (2) (3) (4) 8 (1) (2) (3) 12 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 8 (4) (5) (6) From the 1890s, trout and other exotic fish were introduced into Lake Taupo and the waterways of Tongariro, which significantly depleted indigenous fresh- water fish species and forced Ngāti Tūwharetoa to rely on introduced fish spe- cies for food, hospitality, trade, and koha.
In 1926, the Crown acquired the beds of Lake Taupo and its tributaries, which it held for 66 years before they were returned to Ngāti Tūwharetoa in 1992.

Throughout the 20th century, the Crown’s prolonged imposition of orders against private alienation of lands owned by Ngāti Tūwharetoa locked up much of the iwi’s land and resources (particularly indigenous timber), and precluded the iwi from developing these assets.
Since the 1870s, the Crown took Ngāti Tūwharetoa land for a variety of public works, many of which disrupted or uprooted their communities.

Many of these public works have been of considerable benefit to the people of New Zealand but have polluted, destroyed, or irreparably harmed many of the natural re- sources within Ngāti Tūwharetoa’s rohe.
For example, in 1941 the Crown installed control gates on the Waikato River at the outlet from Lake Taupo, which flooded Ngāti Tūwharetoa land and destroyed many cultural and geo- thermal taonga.

Between 1964 and 1984, the Crown constructed a hydro-elec- tric power scheme around the Tongariro Maunga, which radically re-engi- neered the natural waterways of the volcanic plateau and has had wide-ranging and deeply felt impacts upon Ngāti Tūwharetoa.
The Crown’s use of Lake Ro- toaira as a storage reservoir for the scheme resulted in its substantial ecological destruction.

(7) Economic marginalisation, unemployment, and underdevelopment have con- tributed to the extensive outward migration of Ngāti Tūwharetoa peoples as they have left their rohe in search of opportunities elsewhere.
He kupu whakawhāiti i te horopaki o ngā kōrero neherā mō te kokoraho a Ngāti Tūwharetoa (1) Nō mua i te tau 1860 i aukati a Ngāti Tūwharetoā i ngā hiahia a te Karauna ki te hoko mai i ngā whenua o taua rohe.

Mai i te urutomo a nga hōia a te Karauna ki Waikato i te tau 1863, ka tōia mai a Ngāti Tūwharetoa ki roto i taua pakanga, he whakapapa piritata nō rātou ki te Kīngitanga.
Ka tohua e taua pakanga te tīmatatanga o te mahi whakapōrearea ki te hapori, ki te tōrangapū, ki te tikanga ohaoha hoki o Ngāti Tūwharetoa.

He nui ngā tūpuna o Ngāti Tūwharetoa i hinga ai i aua pakanga.

(2) Nō ngā tau 1860, nā te Karauna nāna i whakatō i ētahi ture whenua Māori, nā whai anō i wehewehetia ai aua whenua Māori, ka mahue te tikanga o mua mā te iwi e tiaki.
Nā reira i panonitia ai te tikanga Māori e pā ana ki te whenua Māori, nā whai anō i mōriroriro atu ai a Ngāti Tūwharetoa i ōna whenua, ka whakahawea i te mana whakahaere a te iwi.

Nō te tau 1860 tīmatahia ai te hoko a te Karauna i ngā whēnua o Ngāti Tūwharetoa ka piki atu te rironga mai i ngā tau 1870 me 1880.

Nō te tau 1900, ka riro atu ai ngā whenua neke atu i te 430 000 eka o ngā whenua o Ngāti Tūwharetoa.
I ēnei rā, ko te nuinga o ngā 13 Part 1 cl 8 Ngāti Tūwharetoa Claims Settlement Bill whenua kei roto tonu i ngā ringaringa o te Karauna e whakakapi ana i ngā whenua rāhui o Te Karauna.

(3) Nō ngā tau 1880, ka kimihia atu e te Karauna he tikanga hou kia whakatūria ake ai he rāhui whenua mō te maunga o Tongariro.
Nō te tau 1887, nā Te Heuheu Horonuku, arā, nā Tūkino te tuarima, nāna tonu ngā tihi tapu o te kāhui maunga ko Tongariro ko Ruapehu me Ngaruahoe i tuku hei whenua rāhui e puritia ai te mana tiaki o Ngāti Tūwharetoa mō ngā iwi katoa o Aotearoa.

Ko te whakaaro nui a Te Ariki, kia tino tūhono atu ai ki te Kuini o Ingarangi heoi anō i tukua te mana whakahaere ki te Karauna, nā reira i tīmatahia ai tētahi tikanga whakaheke i te mana o Ngāti Tūwharetoa ki te whenua rāhui e pā ana ki te kāhui maunga.
(4) Nō ngā tau 1890, ka whakaurua atu ai ngā momo ika he taraute, me ētahi atu ika rāwaho ki roto i te moana o Taupō, me ngā awa o Tongariro, ka mutu, ka patua ngā momo ika māori tūturu nō ngā wai hōhonu, ka huri ngā tūpuna ki te manaaki manuhiri ki ngā marae ki ngā ika rāwaho hei kai, hei tauhokohoko, hei takoha hoki.

Nō te tau 1926, ka riro te takere o te moana o Taupō me ōna manga hoki, waihoki i puritia ake ai e te Karauna, nō te tau 1992 ka whakahokia atu ki Ngāti Tūwharetoa.
(5) Hei ngā tau maha o te rautau rua tekau, ko ngā herenga a te Karauna nāna i aukati i ngā whenua tūpuna o Ngāti Tūwharetoa ka taiapatia ai aua whenua aua rākau ngahere hoki ka mauheretia ngā ringaringa o te iwi kia kore ai e whakatupuria ake ai aua rawa whenua.

(6) Mai i ngā tau 1870, nā te Karauna i muru ai ngā whenua o Ngāti Tūwharetoa mō ngā mahi a te hapori, ka mutu ka raru te iwi ka mahue te noho ka haere atu, ka ngaro aua hapori rā.
Te tini o ēnei kaupapa tumatanui, nā whai anō, i tino whai painga ngā iwi katoa o Aotearoa, waihoki ka whakaparua, ka whakamatea, ka whakahāweatia ngā āhuatanga o ngā waiariki me ngā ngāwhā ki roto i te rohe o Ngāti Tūwharetoa.

Hei tauira ake nō te tau 1941, ka hangaia mai e te Karauna he tatau ki Nukuhau ki Taupō ki te putanga mai o ngā wai o Taupō ki te awa tonu o Waikato.

Nā reira i waipuketia ai ngā whenua o Ngāti Tūwharetoa, ka tūkinotia ai ngā taonga ngā waiariki me ngā ngāwhā hoki.
Ki waenganui i ngā tau 1964 me 1984, nā te Karauna i hanga mai he wharehiko ā- awa huri noa i te rekereke o Tongariro Maunga, nāna i tino panonitia ai te huarahi o ngā awa me ngā manga i ngā māniaroa o te koraha o Rangipō.

Ka nui te pānga o ēnei āhuatanga hou ki te iwi whānui o Ngāti Tūwharetoa.

Ko tā te Karauna he whakamahi i te moana o Rotoaira hei mātāpuna wai, nā reira i tūkinotia ai te taiao o taua moana.
(7) Nā te whakaiti i te tikanga ohaoha a te iwi, me te kore whai mahi ki aua takiwā, nā te kore tipu o ngā pākihi kei aua hapori ko tōna mutunga iho ka mahue te noho, ka wehe atu rātou i ngā rohe o Ngāti Tūwharetoa.

Ka haere ki wāhi kē, rapu huarahi hou hei oranga mō rātou.
14 9 (1) (2) Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 9 Acknowledgements The Crown recognises that every generation of Ngāti Tūwharetoa since 1840 has been adversely affected by the Crown’s failure to uphold its obligations under te Tiriti o Waitangi/the Treaty of Waitangi.

The Crown’s recognition of Ngāti Tūwharetoa’s grievances is long overdue.

Accordingly, the Crown now 5 makes the following acknowledgements.
Treaty of Waitangi/te Tiriti o Waitangi The Crown acknowledges that Ngāti Tūwharetoa Ariki Mananui Te Heuheu Tukino II refused to sign te Tiriti o Waitangi/the Treaty of Waitangi.

Neverthe- less, the Crown further acknowledges that the undertakings it made to Māori in te Tiriti o Waitangi/the Treaty of Waitangi apply to Ngāti Tūwharetoa.

The Crown hereby recognises the legitimacy of Ngāti Tūwharetoa’s grievances and historical claims.
Pre-1865 Crown purchasing (3) The Crown acknowledges that— 10 15 (a) (b) (c) it included land within the boundary of the 1851 Ahuriri purchase in which Ngāti Tūwharetoa had interests, without obtaining any Ngāti Tū- wharetoa consent to this transaction; and it did not pay Ngāti Tūwharetoa for this land until after the Crown had represented this transaction as a completed purchase; and 20 this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Warfare (4) The Crown acknowledges that,— (a) following the invasion of its armed forces in the Waikato in 1863, some hapū of Ngāti Tūwharetoa were drawn into the fighting because of their whakapapa connections and allegiance to the Kīngitanga; and (b) members of Ngāti Tūwharetoa were wounded and killed during the siege and battle at Orakau in 1864, and the loss of these tribal leaders created a profound sense of grief for Ngāti Tūwharetoa, which is still felt to this day.
(5) The Crown acknowledges that the Ngāti Tūwharetoa rangatira Maniapoto and Te Rangitahau, who had whakapapa links to a number of neighbouring iwi and hapū, were caught up in the Crown’s unjustified attack on Ōmarunui in 1866.

Te Rangitahau was detained on the Chatham Islands without trial and in harsh conditions for nearly 2 years.

These actions were unjust and a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(6) The Crown acknowledges that— 25 30 35 (a) its military forces partook in looting at Tokaanu in the aftermath of the fighting at Tauranga-Taupo and Tokaanu in 1869, and engaged in tactics 40 15 Part 1 cl 9 Ngāti Tūwharetoa Claims Settlement Bill (b) (c) (d) that damaged and depleted some of Ngāti Tūwharetoa’s kāinga and culti- vations; and a number of Ngāti Tūwharetoa lost their lives during the battle at Te Pōrere in 1869; and it constrained the movement of Horonuku Te Heuheu Tukino IV and his whānau at Pākōwhai in Napier from October 1869 to July 1870, where he was kept under the surveillance of Hawke’s Bay chiefs following his surrender after his involvement alongside Te Kooti in the battle of Te Pōrere; and after fighting had ended, some of its military forces engaged in looting in Tapuaeharuru, and in one instance of profound disrespect, exhumed the bones of a Māori chief while seeking taonga from his grave.
(7) The Crown acknowledges that the wars of the 1860s disrupted the social, polit- ical, and economic patterns of Ngāti Tūwharetoa.

Raupatu (8) The Crown acknowledges that— (a) (b) (c) (d) between 1867 and 1870 it compulsorily extinguished Ngāti Tūwharetoa customary interests within the Mohaka-Waikare confiscation district; and legislation was not amended until the 1920s to enable the Native Land Court to investigate, and ultimately award, Ngāti Tūwharetoa interests at the Te Matai No.
2 block; and it never returned the other land in the confiscation district in which Ngāti Tūwharetoa held customary interests; and its extinguishment of Ngāti Tūwharetoa’s customary interests and reten- tion of some of this land breached te Tiriti o Waitangi/the Treaty of Wai- tangi and its principles.

The Crown acknowledges that it unjustly excluded Ngāti Tūwharetoa from the title it awarded for Tarawera when it returned this land to individual Māori fol- lowing the Mohaka-Waikare confiscation.
Although some Ngāti Tūwharetoa were awarded interests in Tarawera in 1924 after the Crown wrongly concluded that the block was outside the boundaries of the confiscation, the Crown took steps in 1952 to restore the pre-1924 position.

The unjust exclusion of Ngāti Tūwharetoa from the ownership of Tarawera was a breach of te Tiriti o Wai- tangi/the Treaty of Waitangi and its principles.
(9) Native land laws (10) The Crown acknowledges that— (a) it did not consult Ngāti Tūwharetoa before introducing land laws in the 19th century that established the Native Land Court and provided for the 16 (b) (c) Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 9 individualisation of Māori land holdings that had previously been held in tribal tenure; and it allowed a Native Land Court hearing for Pakaututu to proceed at Napi- er in 1869 at a time when a number of Ngāti Tūwharetoa refugees had fled their homes to avoid warfare; and 5 between 1865 and 1873 the native land laws provided for legal owner- ship of Māori land to be awarded to a maximum of 10 individuals who were legally able to treat this land as their property.
The native land laws did not prevent the alienation of land awarded under these provisions without the consent of the wider community of owners.

This meant the operation of the native land laws did not meet the Crown’s obligations to actively protect Ngāti Tūwharetoa interests and breached te Tiriti o Wai- tangi/the Treaty of Waitangi and its principles.
(11) The Crown acknowledges Ngāti Tūwharetoa grievances about the impact of the native land system on the Taupōnui-a-Tia block, which the iwi considered their “Rohe Pōtae”, and for which they sought to define the external boundary of Ngāti Tūwharetoa tribal lands.

In particular, the Crown acknowledges that the native land system caused division among hapū, which Ngāti Tūwharetoa wanted to avoid.
The Crown also acknowledges the expense of the native land system, especially the cost of surveying, led to the sale of a large amount of the Taupōnui-a-Tia block to the Crown.

The costs were so excessive that more than half of some of the blocks created during the subdivision of Taupōnui-a-Tia had to be sold to the Crown, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(12) The Crown acknowledges that the native land laws failed to offer an effective form of tribal title to facilitate Ngāti Tūwharetoa’s tribal control over their lands until 1894, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(13) The Crown acknowledges that the individualised titles obtained from Native Land Court processes for Taupōnui-a-Tia and other blocks made Ngāti Tū- wharetoa lands more susceptible to partition, fragmentation, and alienation, and this led to the erosion of Ngāti Tūwharetoa’s tribal structures.

The Crown’s failure to protect these structures was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
19th century Crown purchasing (14) The Crown acknowledges that the combined effect of it— (a) paying advances of rent to secure Ngāti Tūwharetoa agreement to lease land blocks before the Native Land Court had determined the ownership of these blocks, or before the Court had resolved defects in titles it had previously determined; and 17 10 15 20 25 30 35 40 Part 1 cl 9 Ngāti Tūwharetoa Claims Settlement Bill (b) (c) (d) (e) (f) declining to pay regular rentals until after the Native Land Court had de- termined ownership of these blocks or resolved defects in their titles; and preventing Ngāti Tūwharetoa from securing the titles they needed to re- ceive regular rentals for a number of years by suspending the operation of the Native Land Court between 1873 and 1877; and 5 imposing monopoly powers which prevented Ngāti Tūwharetoa from drawing economic benefit from their land while it was subject to Crown negotiations; and withdrawing from the lease arrangements after 1877, and refusing to lift its monopoly powers until after Ngāti Tūwharetoa had repaid the Crown’s initial advances of rent; and meant that the Crown purchased land from Ngāti Tūwharetoa that they would have preferred to lease, and that the Crown’s unreasonable ap- proach to negotiations breached te Tiriti o Waitangi/the Treaty of Wai- tangi and its principles.
(15) The Crown acknowledges that the large quantity of land the Crown acquired for settlement from Ngāti Tūwharetoa included sites of particular significance to the iwi that were never used for settlement and now form part of the public conservation estate.
Wharewaka (16) The Crown acknowledges that it failed to honour an agreement to reserve an important fishing site at Wharewaka when it purchased Tauhara Middle Block in 1875, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.

Tongariro and Tongariro National Park (17) The Crown acknowledges the profound significance of Tongariro Maunga to Ngāti Tūwharetoa.
The Crown also acknowledges that through his tuku in 1887, Horonuku Te Heuheu Tukino IV sought to create a shared responsibility with the Crown to protect and preserve the mountains for Ngāti Tūwharetoa, for other iwi, and for all New Zealanders.
The Crown further acknowledges that— (a) (b) Horonuku intended to retain Ngāti Tūwharetoa’s mana in relation to the maunga by entering into a partnership with the Queen, and not to make an unconditional gift; however, legal ownership of the mountains was vested solely in the Crown and it has not always honoured its reciprocal obligations; and this began a process whereby Ngāti Tūwharetoa’s authority over the taonga and their ability to exercise their kaitiakitanga has been greatly reduced.
In particular, the Crown acknowledges that legislation for the 18 10 15 20 25 30 35 40 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 9 governance of Tongariro National Park failed to maintain a regime that reflected the spirit of the 1887 tuku by— (i) (ii) (iii) excessively diluting the role of Ngāti Tūwharetoa in the adminis- tration of Tongariro National Park by appointing increasing num- bers of non-Māori members to the Tongariro National Park Board; and 5 unilaterally abolishing Tūreiti Te Heuheu Tukino V’s trusteeship on the Board between 1914 and 1922; and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and 10 (c) it failed to fulfil the requests Horonuku Te Heuheu made in 1887 that the Crown facilitate the removal of Mananui Te Heuheu Tukino II’s remains from Tongariro Maunga, and erect a memorial to Mananui Te Heuheu.
These failures were inconsistent with the Crown’s duty to act in good faith, and were a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
(18) The Crown acknowledges that changes to the natural environment through commercial development and the introduction of exotic species have caused great distress to Ngāti Tūwharetoa because they are unable to exercise their kaitiakitanga to safeguard the tapu of the taonga within the Tongariro National Park from physical and cultural degradation.
(19) The Crown acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles by failing to purchase from, to identify, to consult with, or to compensate the Ngāti Tūwharetoa owners of some lands that were included in the proclamation that established Tongariro National Park in 1907.
Ketetahi Springs (20) The Crown acknowledges the spiritual importance of the Ketetahi Springs to Ngāti Tūwharetoa, and that— (a) (b) (c) (d) the certificate of title for the Ketetahi Springs block did not accurately reflect the area identified by the owners to be reserved from the Tonga- riro No.
1C block and the Tongariro National Park, and took many deca- des to remedy; and until as late as 1958, the Crown pursued the purchase of Ketetahi Springs despite the clear intention of its Ngāti Tūwharetoa owners to re- tain the whole of the Springs in private ownership; and the Tongariro Alpine Crossing Track was constructed across the Ketetahi Springs block, and tourists have trespassed on Ngāti Tūwharetoa’s pri- vately held property; and all of these actions have been a source of grievance and distress for Ngā- ti Tūwharetoa.
40 19 15 20 25 30 35 Part 1 cl 9 Ngāti Tūwharetoa Claims Settlement Bill Tokaanu Native Township (21) The Crown acknowledges that— (a) it compulsorily took 135 acres, including Maunganamu and Mārakerake Springs, for use as roads and public reserves in Tokaanu Township under the provisions of the Native Townships Act, which did not require the Crown to pay compensation for these takings; and (b) it converted a number of leases of Ngāti Tūwharetoa-owned land at To- kaanu to perpetual leases without the consent of Ngāti Tūwharetoa; and (c) much of it was flooded after hydro-electric power developments in the 1940s, and parts of it were transformed into a swamp of no economic value; and (d) its attempt to establish the township was a failure.
(22) The Crown acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi by failing to implement agreed arrangements by which it would re- turn ownership of the Mārakerake thermal bathing pool to Ngāti Kurauia.

This issue had been a critical feature of the Native Township negotiations.

This had adverse social, cultural, and economic repercussions, which have caused a deep sense of grievance amongst Ngāti Kurauia that is still held today.
20th century purchasing (23) The Crown acknowledges that its approach to land purchase negotiations caused Ngāti Tūwharetoa to lose development opportunities because the Crown imposed monopoly powers for a number of years over land that many Ngāti Tūwharetoa owners had no interest in selling.
In particular, the Crown acknowledges that its approach to land purchase negotiations did not live up to the standards of good faith required of the Crown under the Treaty and its prin- ciples when— it made a sham of provisions in the native land legislation that provided for collective decision making about land alienations by meetings of the assembled owners when it purchased individual interests in Ngāti Tū- wharetoa land blocks after meetings of the assembled owners had rejec- ted Crown offers; and it unreasonably maintained monopoly powers for long periods of time over large areas of land that became the Pihanga Scenic Reserve, despite the Ngāti Tūwharetoa owners having shown no interest in selling these lands; and its maintenance of monopoly powers over the Pīhanga lands led to the gift of Mount Pihanga, a sacred taonga and tupuna wahine of Ngāti Tū- wharetoa.
(a) (b) (c) Trout (24) The Crown acknowledges that it facilitated the introduction of trout into Lake Taupo (Taupomoana) and the waterways of Tongariro, significantly depleting 40 20 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 9 the indigenous freshwater fish species, a vital resource upon which Ngāti Tū- wharetoa depended for food, hospitality, trade, and koha.
(25) The Crown further acknowledges the distress felt by Ngāti Tūwharetoa because they are no longer able to fully exercise their customary fishing rights.

Tongariro Timber Company (26) The Crown acknowledges that— (a) (b) (c) Ngāti Tūwharetoa regarded the indigenous timber industry as a signifi- cant economic opportunity that allowed the retention of land whilst pro- viding capital for economic development.
Ngāti Tūwharetoa actively sought to establish a sawmilling venture, the Tongariro Timber Com- pany, to provide employment and long-term development opportunities for their hapū and communities; and following the Crown’s change to the specifications required for the pro- posed Tongariro Timber Company rail line in 1921, investors were dis- couraged from investing in the venture, which contributed to the ultim- ate failure of the Company; and without consulting Ngāti Tūwharetoa, the Crown passed legislation re- quiring the land owners to pay the Egmont Box Company the sum of £23,500, even though there were doubts as to the extent of the owners’ legal liability for the company’s losses, and this led Te Ariki Hoani Te Heuheu Tūkino VI to take unsuccessful legal proceedings to the Privy Council at great cost to the iwi; and (d) many Ngāti Tūwharetoa families and communities suffered severe so- cio-economic hardship and deprivation as a consequence of the Tonga- riro Timber Company’s failure and the loss of anticipated development opportunities.
1926 acquisition of Lake Taupo (Taupomoana) (27) The Crown acknowledges Ngāti Tūwharetoa’s sense of grievance arising from— (a) (b) the Crown’s acquisition of the beds of Lake Taupo (Taupomoana) and its tributaries and the Waikato River (from Lake Taupo to, and including, the Huka Falls) in 1926, and the right to use the waters; and the Crown’s ownership of the beds of Lake Taupo (Taupomoana) and its tributaries and the Waikato River (from Lake Taupo to, and including, the Huka Falls) for 66 years before they were returned to Ngāti Tūwhar- etoa and its hapū in 1992.
Public works takings (28) The Crown acknowledges that it used statutory powers more than 700 times to compulsorily acquire nearly 23 000 acres of Ngāti Tūwharetoa land between 1870 and 1992, including for defence purposes and hydro-electric power gener- ation schemes.

In some cases, the Crown did not pay compensation, or only did 21 Part 1 cl 9 Ngāti Tūwharetoa Claims Settlement Bill so after a long delay.
The Crown further acknowledges that it did not always return land to Ngāti Tūwharetoa once it had become surplus to the Crown’s re- quirements.
Land development schemes (29) The Crown acknowledges that some of the Māori land development schemes instituted in the central North Island for the benefit of Ngāti Tūwharetoa did not provide the economic opportunities and benefits that Ngāti Tūwharetoa ex- pected, and that their operation deprived Ngāti Tūwharetoa of the effective control of their lands for many decades.
Waikato Hydro-electric Power Scheme (30) The Crown acknowledges— (a) that the people of New Zealand have benefited from the installation of the control gates at the head of the Waikato River on Lake Taupo (Tau- pomoana)’s northern shores, the use of the lake as a reservoir, and the establishment of dams and hydro-electric power stations along the Wai- kato River; and (b) Ngāti Tūwharetoa’s distress over the construction of the control gates, which led to the dredging of the lake bar and the excavation of a channel parallel to the original river, and forever altered the landscape and hy- drology at Nukuhau; and that from 1941 to 1947 the control gates kept Lake Taupo (Taupomoa- na)’s waters at a sustained high level, and they were held at unseasona- bly high levels until 1987, which inundated some of the land surround- ing the lake, as well as geothermal taonga and caves housing Ngāti Tū- wharetoa kōiwi; and as a result of Lake Taupo (Taupomoana)’s higher water level, many Ngā- ti Tūwharetoa taonga, wāhi tapu, burial caves, puna, beaches, papakāin- ga, geothermal springs used for bathing and cooking, fishing rocks and farm land located alongside or in the lake and its tributaries were dam- aged or submerged, and at Waihi, the marae was flooded, the coastline reduced, and puia damaged; and in the 1960s, during the construction of the Aratiatia Power Station, the Crown used 30 acres of fertile land known as the Cherry Grove as a “muck disposal area”; and (c) (d) (e) (f) these lake-level fluctuations had an adverse impact upon Ngāti Tūwhare- toa’s economic well-being, and cultural and spiritual values.
35 Kawerau pulp and paper mill (31) The Crown acknowledges that— (a) the freshwater spring Te Wai Ū o Tūwharetoa is a wāhi tapu and a sig- nificant mahinga kai and geothermal resource for Ngāti Tūwharetoa Te Atua Reretahi who consider it to be the life-giving water that fed Tū- 40 22 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 9 wharetoa as an infant.
The relationship of the iwi with, and respect for, Te Wai Ū o Tūwharetoa gives rise to their responsibilities to protect the mana (authority) and mauri (life force) of the spring; and (b) the nearby site of Waitahanui pā and urupā are also wāhi tapu for the iwi.
Ngāti Tūwharetoa consider all these taonga, along with Lake Rotoitipa- ku, to be inextricably linked because of their association with the epony- mous ancestor Tūwharetoa; and (c) Waitahanui pā and urupā and Lake Rotoitipaku were sited on the land blocks that the Tasman Pulp and Paper Company leased for the pulp and paper mill’s effluent disposal in the 1970s.
Since their lease to the com- pany, significant contamination has occurred to the site causing a sense of anguish and grievance for Ngāti Tūwharetoa Te Atua Reretahi that is still felt today; and (d) (e) the loss of control over their lands while they were under trusteeship and subject to the lease has prejudiced Ngāti Tūwharetoa Te Atua Reretahi, and impeded their ability to exercise control over their taonga and wāhi tapu and maintain and foster spiritual connections to their ancestral lands; and the Crown failed to adequately protect significant taonga and wāhi tapu of Ngāti Tūwharetoa ki Kawerau from pollution when other reasonably practicable alternatives were available to mitigate against pollution.
This Crown failure was in breach of te Tiriti o Waitangi/the Treaty of Wai- tangi and its principles.
Waimarino River/Korohe Marae (32) The Crown acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi by failing to respect Ngāti Hine’s rangatiratanga over their lands when its contractors repeatedly trespassed across the hapū’s land to obtain gravel from the Waimarino River, and cleared vegetation and erected a crush- ing and screening plant on Ngāti Hine’s land without seeking the consent of the Māori owners.
The Crown further acknowledges that these actions caused se- vere dust and noise pollution, and disrupted the everyday lives of Ngāti Hine, and had adverse social and cultural repercussions that have caused a deep sense of grievance amongst the hapū which is still held today.
Tongariro Power Development Scheme (33) The Crown acknowledges that the waterways and lakes of the volcanic plateau, particularly Te Moana o Rotoaira (Lake Rotoaira), in the Tongariro Power De- velopment Scheme have made a significant and valuable contribution to the wealth and development of the New Zealand nation, but that many of the sche- me’s benefits have come at great cost to those Ngāti Tūwharetoa hapū who whakapapa to Lake Rotoaira and depend upon it for physical and spiritual sus- tenance.
The scheme has radically re-engineered the natural waterways of the 23 Part 1 cl 9 Ngāti Tūwharetoa Claims Settlement Bill volcanic plateau, and its impacts have been wide-ranging and deeply felt by Ngāti Tūwharetoa.
(34) The Crown acknowledges that— (a) (b) (c) (d) some of the waterways and lakes of the volcanic plateau have suffered environmental degradation, and that the populations and health of some native species of flora and fauna have diminished as a result; and 5 the diversion of water through Lake Rotoaira as part of the Tongariro Power Development scheme dramatically changed the flow of water in the Tongariro River and the volume of water held in Lake Rotoaira, and resulted in the environmental degradation of the lake’s ecology, water quality, and fisheries; and the merging of waters in Lake Rotoaira is considered by Ngāti Tūwhare- toa to be inconsistent with the mauri of the waterways of Tongariro Maunga; and the environmental degradation of Lake Rotoaira, and the disruption to the water quality and ecology of many of the waterways involved in the Tongariro Power Development scheme has been, and remains, a source of profound distress to Ngāti Tūwharetoa.
(35) The Crown acknowledges that the construction and operation of the Tongariro Power Development Scheme— (a) (b) (c) has had a destructive impact on the cultural and spiritual well-being of Ngāti Tūwharetoa; and has mixed the waterways of Tongariro Maunga with one another, and is considered by Ngāti Tūwharetoa to be inconsistent with the mauri of those waters; and has caused distress and remains a significant grievance for Ngāti Tū- wharetoa.
(36) The Crown acknowledges that the excavation of the Tokaanu Tailrace de- stroyed Te Waiariki pā and urupā, and māra (gardens).

Otukou and Huimako Bluff (37) The Crown acknowledges that its blasting at Huimako Bluff destroyed Ngāti Hikairo kōiwi and wāhi tapu and caused profound anguish for Ngāti Hikairo.

The Crown further acknowledges the distress caused by the relocation of the Te Ūpoko-ō-Taitaia papa kāinga to Pāpākai as a result of the quarrying work.
(38) The Crown acknowledges that it failed to compensate the Ngāti Hikairo owners for the value of the materials taken from Huimako Bluff after a court decision, in relation to another taking, indicated the Crown’s compensation pol- icy was unlawful, and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
24 10 15 20 25 30 35 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 9 Lake Rotoaira (39) The Crown acknowledges that— (a) (b) (c) (d) it did not conduct all aspects of negotiations between 1964 and 1972 for the establishment of the Tongariro Power Development Scheme in a manner that reached the standards expected of good faith negotiations; and it failed to actively protect Ngāti Tūwharetoa’s interests when it entered into the 1972 Lake Rotoaira Trust Deed, which exempted it from paying compensation for damage to the lake and its fishery, despite being aware that the Tongariro Power Development Scheme would detrimentally im- pact the lake; and it did not prevent or mitigate the Tongariro Power Development Sche- me’s destructive ecological impact upon Lake Rotoaira, with the result that its owners were unable to derive an income from its fishery; and these failures were breaches of te Tiriti o Waitangi/the Treaty of Wai- tangi and its principles that have been a source of profound distress for Ngāti Tūwharetoa.
Taupo Basin Reserves Scheme (40) The Crown acknowledges that the Taupo Basin Reserves Scheme hindered the development of a significant amount of Ngāti Tūwharetoa’s land around Lake Taupo (Taupomoana) for around 20 years in order to conserve the water quality of the lake.
Geothermal taonga (41) The Crown acknowledges that the geothermal resource is a taonga of immeas- urable spiritual and cultural importance to Ngāti Tūwharetoa, and that many of the geothermal features that lie within Ngāti Tūwharetoa’s rohe were central to their traditional way of life.
(42) The Crown acknowledges that many of the geothermal features that lie within Ngāti Tūwharetoa’s rohe are of immeasurable importance to the iwi, and that many treasured geothermal sites have been polluted or destroyed, including— 30 (a) Wairākei, where the construction of the Wairākei Power Station resulted in profound negative disruption and damage to the Wairākei geothermal field, which has resulted in extreme distress for Ngāti Tūwharetoa; and (b) (c) the Ōnekeneke Valley, where thermal springs have been significantly de- graded as a result of urban and commercial development and the con- struction of the Wairākei Power Station, and the Waipahihi geothermal stream is no longer able to sustain the needs of the Waipahihi marae and is a significant grievance for Ngāti Tūwharetoa; and the Tokaanu-Waihi-Hipaua geothermal field, where the raising of Lake Taupo (Taupomoana)’s water levels in the 1940s flooded, diluted, or sa- turated many significant geothermal springs along the shore of the lake, 35 40 25 Part 1 cl 10 Ngāti Tūwharetoa Claims Settlement Bill rendering some inaccessible, and changing the chemistry and tempera- ture of others; and (d) the Crown further acknowledges that the pollution and destruction of many of these geothermal features has also irreparably harmed their in- herent mauri, and remains a source of profound anguish and grievance for Ngāti Tūwharetoa.
Contribution to New Zealand (43) The Crown acknowledges that the taonga of Ngāti Tūwharetoa have been of considerable benefit to the people of New Zealand, and that Ngāti Tūwharetoa have made a significant contribution to the New Zealand nation through the leadership of Te Whare o Te Heuheu on the national and international stage.
10 Apology The text of the apology offered by the Crown to Ngāti Tūwharetoa, as set out in the deed of settlement, is as follows: “(a) To the resilient iwi that is Ngāti Tūwharetoa, to your Ariki, your beloved tūpuna, your hapū, and your whānau, the Crown offers this long overdue apology: the Crown unreservedly apologises for the ways it has dishon- oured its obligations to you under te Tiriti o Waitangi/the Treaty of Wai- tangi and its principles.
(b) Ngāti Tūwharetoa’s relationship with the Crown is one characterised by your iwi’s generosity of spirit.

Time and again, your hapū have shared taonga precious to you for the benefit of your fellow New Zealanders.

At other times, the Crown has taken your whenua and your resources from you.

The Crown regrets, profoundly, its actions, omissions, and policies that have debilitated Ngāti Tūwharetoa’s social, cultural, spiritual, polit- ical, and economic structures.
The Crown understands, and is deeply re- morseful that, by removing the ability of your whānau and hapū to safe- guard your whenua and taonga, your ability to nurture yourselves has been hindered.

(c) (d) In particular, the Crown apologises for the grief Ngāti Tūwharetoa feel over the loss of their warriors in wars with the Crown, specifically at Or- akau and Te Pōrere.
The Crown acknowledges that your great Ariki, Horonuku Te Heuheu Tukino IV, could never unconditionally “gift” the peaks of Tongariro Maunga because he could not own them—indeed, it is the mountains that own Ngāti Tūwharetoa.

The Crown expresses deep remorse, there- fore, that it did not always honour the reciprocal obligations established by Horonuku’s tuku of the peaks of Tongariro Maunga in 1887, with which the Ariki had intended to protect the sacred maunga.
(e) The Crown sincerely apologises for failing to protect Ngāti Tūwharetoa from the partitioning, fragmentation, and alienation of your iwi’s 40 26 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 10 (f) (g) whenua, facilitated by the operation of the Native Land Court.

The social, political, and economic upheaval you have suffered as a conse- quence has led to great economic hardship and lost opportunities for Ngāti Tūwharetoa.
The Crown is deeply sorry that the geothermal and hydro-electric power generation schemes it has constructed in your rohe, for the benefit of all New Zealanders, have come at great cost for Ngāti Tūwharetoa.

These schemes have caused environmental degradation to the waterways and lakes of the central North Island, which are, to Ngāti Tūwharetoa, akin to veins which sustain the beating heart of Te Ika a Maūi—Lake Taupo (Taupomoana).
The Crown is profoundly remorseful that its actions for- ever changed the character of Lake Rotoaira and its fishery, and denigra- ted its sacred mauri.

The Crown also humbly apologises for the destruc- tion and defilement the construction of these schemes has had upon Ngā- ti Tūwharetoa’s kōiwi and sacred spaces.

Through this settlement, and with this apology, the Crown recognises how your resilience as hapū and as an iwi depends upon your deep con- nection to the whenua and your desire to protect it.
The Crown looks for- ward to building an enduring relationship of mutual trust and co-oper- ation with Ngāti Tūwharetoa based on te Tiriti o Waitangi/the Treaty of Waitangi and its principles, and to support you in the revitalisation of ngā hapū o Ngāti Tūwharetoa.” He kupu whakapāha mai i te Karauna ki a Ngāti Tūwharetoa “(a) Ki te iwi rangatira o Ngāti Tūwharetoa, ki te Ariki, ki ō tūpuna, ki ō hapū me tō whānau ka tāpae tōmuri rawa atu tēnei kupu whakapāha, ka tino whakamā te Karauna me te kupu whakapāha mō ngā tūkinotanga me ngā hara ki a koe i raro i te mana o te Tiriti o Wāitangi/the Treaty of Waitangi me ana mātāpono.
(b) Ko te whanaungatanga o Ngāti Tūwharetoa ki te Karauna e whakaaturia ana i te wairua mākohakoha a te iwi.

Mai rā anō nā ō hapū maha i tohatoha i ngā taonga tapu ki a koe, hei painga mō ngā iwi katoa o Aotearoa.

Tērā ētahi wā anō kua murua e te karauna o whenua, o rawa hoki.

E tino whakamā ana te Karauna ki ana nei mahi, ki ngā kaupapa here ki ngā hapū hoki, nāna i rautami i ngā tikanga ā-wairua, ā- hinengaro, ā-hapori, ā-ahurea, ā-tōrangapū, ā-ohaoha ki ngā pūnaha maha.
Tino mārama rawa te Karauna tino hinapōuri kau ana mō te āhua o te muru i ēnei tikanga ā-whānau, ā-hapori kia pūmautia ai hei hunga tiaki i ngā taonga me te whenua, otira, hei whakapakari ake ai i te oranga o te iwi.

(c) Waihoki e tino kaha ana te whakapāha a te Karauna ki a Ngāti Tūwharetoa mō te matenga o ō koutou tūpuna toa i riro i te mura o te ahi i ngā pakanga ki Ōrākau, ki Te Pōrere hoki.
27 Part 1 cl 11 Ngāti Tūwharetoa Claims Settlement Bill (d) (e) (f) E whakaae ana te Karauna e kore e taea e te Arikinui Horonuku Te Heuheu Tūkino IV te takoha kau atu i ngā tihi tapu o Tongariro, i te mea he taonga tapu tēnei nō te iwi whānui tonu, ko ngā maunga taniwha e titiro iho ana ki ngā iwi, me kī, ko te maunga ko te iwi, ko te iwi anō ko taua maunga tapu.
Ka nui te whakamā o te Karauna i tana kore manaaki i ngā tikanga here i te tuku a Horonuku i ngā tihi tapu o Tongariro maunga i te tau 1887, ko tā te Arikinui, he whakarāhui i te tapu o tēnei kāhui maunga.

E whakapāha ana anō te Karauna mō te kore tiaki i a Ngāti Tūwharetoa, mō te whakawehewehe, mō te muru raupatu i ngā whenua tūpuna a te iwi, he tinihanga nā Te Kooti Whenua Māori.
Nā ēnei āhuatanga kino i pā te taumahatanga ki te hapori, ki ngā mahi torangapu, ki ngā mahi ohaoha hoki, ka mutu ka rongo i te uauatanga o te wā pōhara, ka ngaro ngā painga me ngā rawa i a Ngāti Tūwharetoa.

Tino matapōuri ana te Karauna mō ngā rawa o Papatūānuku, arā, ko ngā wharehiko ā-ngāwhā, ko ngā wharehiko ā-awa, kua oti kē te hanga ki tō rohe, hei painga mō ngā tāngata katoa o Aotearoa kāti ake, he utu nui tā Ngāti Tūwharetoa mō ēnei momo whakahaere.
Nā ēnei tū kaupapa hanga hiko kua matemate haere ngā awa me ngā roto ki te puku o te whenua e ai ki a Ngāti Tūwharetoa e rite ana ki ngā ia toto e kapakapa ana ki te manawa o Te Ika-a-Māui ki Taupō moana.

Tino hōhonu te whakamā o te Karauna mō te tūkinotanga o Rotoaira, me kī e kore nei a muri e hokia, tūturu ake kua rerekē a Rotoaira me ana tini ika, ka mutu kua takahia tōna mauri tapu.
Āpiti atu i tēnā, ka tino hūmārie rawa atu te te Karauna me whakaparahako e pā ana ki te whakatū ake i ēnei pūnaha, nāna nei i takahi atu ai i ngā kōiwi me ngā wāhi tapu o Ngāti Tūwharetoa.

tana kupu whakapāha mō tukinotanga me te (g) Nā te whakataunga kokoraho me tēnei kupu whakapāha, e tino mōhio ana te Karauna ki te mana whakapūmau a Ngāti Tūwharetoa ki ōna whenua tuku iho.
E titiro whakamua ana te Karauna ki tētahi tatau pounamu e mau ana ki te mana me te tapu o Ngāti Tūwharetoa i runga anō i ngā mātāpono o Te Tiriti o Waitangi, me te tautoko atu i te mahi whakarauora i ngā hapū maha o Ngāti Tūwharetoa.” 11 Interpretation of Act generally Interpretation It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
12 Interpretation In this Act, unless the context otherwise requires,— 28 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 12 administering body has the meaning given in section 2(1) of the Reserves Act 1977 aquatic life has the meaning given in section 2(1) of the Conservation Act 1987 attachments means the attachments to the deed of settlement 5 commercial redress property has the meaning given in section 123 Commissioner of Crown Lands means the Commissioner of Crown Lands appointed in accordance with section 24AA of the Land Act 1948 computer register— (a) (b) has the meaning given in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and 10 includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority has the meaning given in section 2(1) of the Resource Man- agement Act 1991 15 conservation area has the meaning given in section 2(1) of the Conservation Act 1987 conservation legislation means— (a) (b) the Conservation Act 1987; and the enactments listed in Schedule 1 of that Act 20 conservation management plan has the meaning given in section 2(1) of the Conservation Act 1987 conservation management strategy has the meaning given in section 2(1) of the Conservation Act 1987 Crown has the meaning given in section 2(1) of the Public Finance Act 1989 25 cultural redress property has the meaning given in section 68 deed of settlement— (a) means the deed of settlement dated 8 July 2017 and signed by—
 (i) the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, the Honourable Steven Joyce, Minister of Finance, and the Honourable Te Ururoa Flavell, Minister for Māori Development, for and on behalf of the Crown; and (ii) Sir Tumu Te Heuheu Tūkino VIII, Te Ariki o Ngāti Tūwharetoa, for and on behalf of Ngāti Tūwharetoa; and (b) includes— (i) (ii) the schedules of, and attachments to, the deed; and any amendments to the deed or its schedules and attachments deferred selection
 property has the meaning given in section 123 30 35 29 Part 1 cl 12 Ngāti Tūwharetoa Claims Settlement Bill Director-General means the Director-General of Conservation documents schedule means the documents schedule of the deed of settlement effective date means the date that is 6 months after the settlement date historical claims has the meaning given in section 14 interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property 5 LINZ means Land Information New Zealand local authority has the meaning given in section 5(1) of the Local Government Act 2002 member of Ngāti Tūwharetoa means an individual referred to in section 13(2)(b) 10 national park management plan has the meaning given to management plan in section 2 of the National Parks Act 1980 Ngāti Tūwharetoa has the meaning given in section 13 Ngāti Tūwharetoa tikanga means the tikanga of Ngāti Tūwharetoa 15 overlay classification has the meaning given in section 48 property redress schedule means the property redress schedule of the deed of settlement Registrar-General means the Registrar-General of Land appointed in accord- ance with section 4 of the Land Transfer Act 1952 20 representative entity means— (a) (b) the trustees; and any person, including any trustee, acting for or on behalf of— (i) (ii) (iii) the collective group referred to in section 13(2)(b); or 1 or more members of Ngāti Tūwharetoa; or 1 or more of the hapū, whānau, or
 groups referred to in section 13(2)(a) reserve has the meaning given in section 2(1) of the Reserves Act 1977 reserve property has the meaning given in section 68 resource consent has the meaning given in section 2(1) of the Resource Man- agement Act 1991 RFR means the right of first refusal provided for by subpart 4 of Part 3 RFR area has the meaning given in section 138 RFR land has the meaning given in section 139 settlement date means the date that is 40 working days after the date on which this Act
 comes into force statutory acknowledgement has the meaning given in section 28 25 30 35 30 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 13 taonga tūturu— (a) has the meaning given in section 2(1) of the Protected Objects Act 1975; and (b) includes ngā taonga tūturu, as defined in section 2(1) of that Act Te Kotahitanga o Ngāti Tūwharetoa means the trust of that name established by a trust deed dated 11 April 2017 5 tikanga means customary law, values, and practices Tongariro Trout Hatchery and Freshwater Ecology Centre Trust means the trust of that name that— (a) must be established before settlement date with its trustees appointed in 10 accordance with clause 7.33.1 of the deed of settlement; and (b) on settlement date will be the administering body of the properties de- scribed in sections 101(2) and 195(1) trustees of Te Kotahitanga o Ngāti Tūwharetoa and trustees mean the trustees, acting in their capacity as trustees, of Te Kotahitanga o Ngāti Tūwhar- etoa 15 working day means a day other than— (a) (b) (c) (d) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the follow- ing Monday: 20 a day in the period commencing with 25 December in any year and end- ing with the close of 15 January in the following year: the days observed as the anniversaries of the provinces of Auckland and Wellington.
25 13 Meaning of Ngāti Tūwharetoa (1) (2) In this Act, Ngāti Tūwharetoa means te iwi me ngā hapū o Ngāti Tūwharetoa.
In this section, te iwi me ngā hapū o Ngāti Tūwharetoa means— (a) any hapū, whānau, or group to the extent that it is composed of individu- als referred to in paragraph (b), including the following hapū: (i) Ngāti Haa: (ii) Ngāti Hikairo: (iii) Ngāti Hine: (iv) Ngāti Hinemihi: (v) Ngāti Hinerau: (vi) Ngāti Hineure: (vii) Ngāti Kurauia: 30 35 31 Part 1 cl 13 Ngāti Tūwharetoa Claims Settlement Bill (viii) Ngāti Manunui: (ix) Ngāti Moekino: (x) Ngāti Parekaawa: (xi) Ngāti Rauhoto: (xii) Ngāti Rongomai: (xiii) Ngāti Ruingārangi: (xiv) Ngāti Tarakaiahi: (xv) Ngāti Te Kohera: (xvi) Ngāti Te Maunga: (xvii) Ngāti Te Rangiita: (xviii) Ngāti Te Urunga: (xix) Ngāti Tūrangitukua: (xx) Ngāti Turumākina: (xxi) Ngāti Tūtemohuta: (xxii) Ngāti Tūtetawhā: (xxiii) Ngāti Waewae: (xxiv) Ngāti Wairangi: (xxv) Ngāti Whēro: 5 10 15 (xxvi) Te Kapa o Te Rangiita; and the collective group composed of individuals who are descended from a Ngāti Tūwharetoa tupuna; and 20 every individual referred to in paragraph (b); but does not include— (b) (c) (d) (i) (ii) Ngāti Tūwharetoa ki Kawerau (Bay of Plenty); or any member of Ngāti Hineuru who trace descent to Ngāti Tūwhar- etoa only through the tupuna Hineuru.
25 (3) In this section and section 14,— Ngāti Tūwharetoa tupuna means an individual who— (a) exercised customary rights by virtue of being descended from— (i) (ii) Ngātoroirangi through the eponymous tupuna Tūwharetoa; or 30 any other recognised ancestor of a hapū listed in subsection (2)(b); and (b) exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840 area of interest means the area shown as the Ngāti Tūwharetoa area of interest in part 1 of the attachments 35 32 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 14 customary rights means rights exercised according to tikanga Māori, includ- ing— (a) (b) rights to occupy land; and rights in relation to the use of land or other natural or physical resources descended means that a person is descended from another person by— 5 (a) (b) birth; or legal adoption; or (c) Māori customary adoption in accordance with Ngāti Tūwharetoa tika- nga.
14 Meaning of historical claims (1) In this Act, historical claims— (a) means the claims described in subsection (2); and (b) includes the claims described in subsection (3); but does not include the claims described in subsection (4).
(c) (2) The historical claims are every claim that Ngāti Tūwharetoa or a representative entity had on or before the settlement date, or may have after the settlement date, and that— (a) is founded on a right arising— (i) (ii) (iii) (iv) (v) from the Treaty of Waitangi or its principles; or under legislation; or at common law (including aboriginal title or customary law); or from a fiduciary duty; or otherwise; and (b) arises from, or relates to, acts or omissions before 21 September 1992— (i) (ii) by or on behalf of the Crown; or by or under legislation.
(3) The historical claims include— (a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Tū- wharetoa or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim: (i) Wai 18 (Lake Taupo Claim): (ii) Wai 37 (Ōkahukura Block): (iii) Wai 43 (Nukuhau): (iv) Wai 61 (Kaimanawa to Rotoaira Lands): (iva) Wai 75 (The Hauhungaroa & Other Blocks Claim): (v) Wai 80 (Waihaha Lands): 33 10 15 20 25 30 35 Part 1 cl 14 Ngāti Tūwharetoa Claims Settlement Bill (vi) Wai 92 (Effects of Taupo Basin Reserves Scheme, Hydroelectric Power Development, and Local Government): (vii) Wai 114 (Lake Taupo Fisheries): (viii) Wai 170 (Wairākei Lands): (ix) Wai 178 (Lake Rotoaira): (x) Wai 226 (Tūwharetoa Geothermal): (xi) Wai 269 (Kaingaroa Forest): (xia) Wai 359 (Hautu and Rangipō Prison Farms Claim): (xii) Wai 376 (Paenoa Te Akau Lands): (xiii) Wai 398 (Tauhara Middle Block): (xiv) Wai 416 (Rangatira No.
7 Block): (xv) Wai 480 (Conservation Management Strategy for Tongariro/Taupo Conservancy): (xvi) Wai 490 (Tokaanu Hot Springs Reserve): (xvii) Wai 500 (Tauhara Middle No.

1 Block): (xviii) Wai 502 (Tongariro National Park): (xix) Wai 570 (Tauranga-Taupo No.

1 & No.

2B Blocks): (xx) Wai 592 (Tauhara Middle No.

4A103, 4A104 & 4A1N Blocks): (xxi) Wai 604 (Runanga No.
2C2B1 & 2C2B2 Blocks): (xxii) Wai 629 (Rangatira A143 Block): (xxiii) Wai 641 (Ngāti Hine Hapū): (xxiv) Wai 665 (Tauhara Middle Block): (xxv) Wai 669 (Tauhara Middle Block): (xxvi) Wai 670 (Tauhara Middle Block): 5 10 15 20 (xxvii) Wai 711 (Tauhara Middle No.
4 Block (Rotoakui Reserve)): 25 (xxviii) Wai 782 (Taupo Basin Reserves Scheme, Tauhara Middle Blocks): (xxix) Wai 797 (Lands and Geothermal Resources at Wairākei, Oruanui, Ohaaki, Tauhara, Atiamuri and Other Areas): (xxx) Wai 801 (Te Hatepe and Hinemaiaia Rivers): (xxxi) Wai 802 (Tokaanu Police Station): (xxxii) Wai 833 (Te Moana Rotoaira and Resources): (xxxiia) Wai 834 (Runanga No.

1 and Tauhara Middle No.


4 Blocks Claim): (xxxiii) Wai 838 (Ngāti Te Rangiita Lands and Resources): (xxxiv) Wai 841 (Greater Taupo Region): 30 35 34 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 14 (xxxv) Wai 933 (Lake Rotoaira and Wairehu Stream): (xxxvi) Wai 965 (Taurewa No.
1 Block): (xxxvii) Wai 998 (Crown Negotiation re Whanganui River): (xxxviii) Wai 1006 (Land in Taupōnui-a-Tia Rohe): (xxxix) Wai 1027 (Land on North Side of Lake Taupo): (xl) Wai 1044 (Ngāti Te Ika of Ngāti Hikairo ki Tūwharetoa Lands and Resources): (xli) Wai 1077 (Oruanui and Associated Blocks): (xlii) Wai 1193 (Parekaawa Lands): (xliii) Wai 1206 (Ngāti Te Kohera Lands and Resources): (xliv) Wai 1207 (Te Tihoi No.
3 Block): (xlv) Wai 1260 (Ngāti Waewae Claim): (xlvi) Wai 1262 (Ngāti Hikairo ki Tongariro Claim): (xlvii) Wai 1264 (Lands in the Tongariro National Park): (xlviia) Wai 1378 (Tauhara Land Blocks Claim): (xlviib) Wai 1417 (Puketapu 3B7B Trust Claim): (xlviii) Wai 1447 (Ngāti Hinemihi Lands and Resources Claim): (xlix) Wai 1602 (Ngāti Te Kohera Lands and Resources): (l) Wai 1605 (Lands and Resources): (la) Wai 1790 (Hiruharama Lands (Subritzky) Claim): (li) Wai 1836 (Ngāti Rauhoto Lands and Resources): (lia) Wai 1869 (Descendants of Matiu Te Hokowhitu Waahi Tapu Claim): (lib) Wai 1876 (Hautu 3F1 Block (Heremaia) Claim): (lic) Wai 1915 (Tokaanu Lands (Milne) Claim): (lid) Wai 2069 (Descendants of Rex Te Rangi Ita Petera Taumata (Dunn) Lands Claim): (lie) Wai 2094 (Owners of Waituhi Kuratau 1B1 Lands (Mareikura) Claim): (lii) Wai 2095 (Hautū No.
3F1 Block): (lii) Wai 2095 (Descendants of Hingaia Huruao Lands (Lord) Claim): (liii) Wai 2098 (Ngāti Te Maunga hapū Lands and Resources): (liv) Wai 2142 (Lands and Resources Outside the Turangi Township): (liva) Wai 2192 (Ngā Uri o Te Upoko o Tataia (Wanikau) Claim): (lv) Wai 2287 (Lands and Resources): Part 1 cl 14 Ngāti Tūwharetoa Claims Settlement Bill (lva) Wai 2288 (Tauhara Middle Block (Tahau) Claim): (lvb) Wai 2315 (Ngāti Rongomai Lands (Johnson, Lee, Riddell & Bar- low) Claim): (lvi) Wai 2318 (The Ngāti Manunui Access to Land Claim): (lvi) Wai 2318 (Ngāti Mananui Access to Land Claim): 5 (lvia) Wai 2454 (Tauhara 14 Middle Trust Housing Scheme Claim): (lvii) Wai 2455 (The Paurini Reserve (Lakeshore Reserves Act) Claim): (lviii) Wai 2461 (The Parakiri Reserve Land Claim): (lix) Wai 2464 (The Tauhara Middle No.
4 Block Claim): (lix) Wai 2464 (Tauhara Middle No.

4 and Rotoakui Reserve Claim): 10 (lx) Wai 2467 (The Taupo Control Gates Land Claim): (lxi) Wai 2469 (The Pahautea Severance (Public Works) Claim); and (lxi) Wai 2469 (Pahautea Severance (Public Works) Claim); and (b) every other claim to the Waitangi Tribunal, including each of the follow- ing claims, to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Tūwharetoa or a representative entity: (i) Wai 216 (Te Matai No.
1 & 2 Blocks): (ia) Wai 318 (Whaiti Kuranui 2D4 & Other Blocks Claim): (ii) Wai 358 (Tatua & Tuhingamata West Forestry Lands): (iii) Wai 445 (Tauhara Middle Block): (iv) Wai 575 (Ngāti Tūwharetoa Comprehensive Claim): (v) Wai 628 (Tahorakuri No.
2 Block): (vi) Wai 651 (Te Reu Reu Land Claim): (vii) Wai 781 (Atiamuri, Rotokawa, Te Haroto, Southern Kaimanawa Range, Shores of Lake Taupo, Rangitaiki and Waikato Riverbeds and their Tributaries to Kawerau, Numerous Geothermal Sources, the Kaingaroa Forest and Rotoakui Reserve): (viia) Wai 786 (Atiamuri Ki Kaimanawa (Rameka) Claim): (viii) Wai 786 (Tauhara Hapū Lands and Resources): (ix) Wai 791 (Volcanic Interior Plateau): (x) Wai 832 (Tauhara Middle Block): (xi) Wai 1059 (Te Rohe Pōtae): (xii) Wai 1195 (Parakiri and Associated Land Blocks Claim): (xiii) Wai 1196 (Tongariro National Park Scheme Lands): (xiv) Wai 1451 (Tatua and Rangatira Blocks): (xv) Wai 1452 ( Lands and Resources): 15 20 25 30 35 36 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 15 (xvi) Wai 1472 (Ngāti Wairangi Lands and Resources): (xvia) Wai 1874 (Descendants of Paora Hapi Lands Claim): (xvib) Wai 2077 (Ngāti Rahurahu Lands (Hiko) Claim): (xvii) Wai 2291 (Lands and Resources): (xviia) Wai 2197 (Rangitikei River Lands (Heitia) Claim): 5 (xviii) Wai 2453 (The Halletts Bay Whānau (Native Land Act) Claim): (xix) Wai 2498 (The Rangitoto Tuhua No.
67B 4C1B Claim).

(xix) Wai 2498 (Rangitoto Tuhua 67B4C1B (Mato) Claim).
(4) However, the historical claims do not include— (a) (b) (c) a claim that a member of Ngāti Tūwharetoa, or a hapū, whānau, or group referred to in section 13(2)(a), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor of Ngāti Tūwharetoa; or 10 a claim that is based on descent from the ancestor Raukawa; or a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
15 (5) A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.

(6) This Act will provide for the settlement in full of Wai 21 (Te Wai Ū o Tūwhar- etoa claim).

20 Historical claims settled and jurisdiction of courts, etc, removed 15 (1) (2) Settlement of historical claims final The historical claims are settled.
The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.

(3) Subsections (1) and (2) do not limit the deed of settlement.
(4) Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in re- spect of— (a) (b) (c) (d) the historical claims; or the deed of settlement; or this Act; or the redress provided under the deed of settlement or this Act.
25 30 35 37 (5) (6) 16 (1) (2) 17 (1) Part 1 cl 16 Ngāti Tūwharetoa Claims Settlement Bill Subsection (4) 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.
Subsection (4) does not exclude the jurisdiction of the Waitangi Tribunal in so far as it relates to the steps that are necessary for the Tribunal to complete its inquiries and report on the following: 5 (a) (b) the Te Rohe Pōtae District Inquiry (Wai 898): the Taihape: Rangitīkei ki Rangipō District Inquiry (Wai 2180) and Por- irua ki Manawatu Inquiry (Wai 2200) to the extent that it relates to Ngāti Tūwharetoa’s claims.
10 Amendment to Treaty of Waitangi Act 1975 Amendment to Treaty of Waitangi Act 1975 This section amends the Treaty of Waitangi Act 1975.
In Schedule 3, insert in its appropriate alphabetical order: Ngāti Tūwharetoa Claims Settlement Act 2017, section 15(4) and (5) Resumptive memorials no longer to apply Certain enactments do not apply The enactments listed in subsection (2) do not apply— (a) to a cultural redress property; or (b) (c) (d) to a commercial redress property; or to land within the RFR area; or for the benefit of Ngāti Tūwharetoa or a representative entity.
(2) The enactments are— (a) (b) (c) (d) (e) Part 3 of the Crown Forest Assets Act 1989: sections 211 to 213 of the Education Act 1989: Part 3 of the New Zealand Railways Corporation Restructuring Act 1990: sections 27A to 27C of the State-Owned Enterprises Act 1986: sections 8A to 8HJ of the Treaty of Waitangi Act 1975.
Resumptive memorials to be cancelled The chief executive of LINZ must issue to the Registrar-General 1 or more cer- tificates that specify the legal description of, and identify the computer register for, each allotment that— (a) is all or part of— (i) a cultural redress property: 18 (1) 38 15 20 25 30 35 Ngāti Tūwharetoa Claims Settlement Bill Part 1 cl 20 (b) (c) (ii) a commercial redress property; or is solely within the RFR area; and is subject to a resumptive memorial recorded under an enactment listed in section 17(2).
(2) The chief executive of LINZ must issue a certificate, as soon as is reasonably practicable after the settlement date, for a cultural redress property, a commer- cial redress property, or each allotment that is solely within the RFR area.

5 (3) Each certificate must state that it is issued under this section.
(4) As soon as is reasonably practicable after receiving a certificate, the Registrar- General must— (a) (b) register the certificate against each computer register identified in the certificate; and cancel each memorial recorded under an enactment listed in section 17(2) on a computer register identified in the certificate, but only in re- spect of each allotment described in the certificate.
10 15 Miscellaneous matters 19 (1) Rule against perpetuities does not apply The rule against perpetuities and the provisions of the Perpetuities Act 1964— (a) do not prescribe or restrict the period during which— (i) (ii) Te Kotahitanga o Ngāti Tūwharetoa may exist in law; or 20 the trustees may hold or deal with property or income derived from property; and (b) do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the docu- ment, invalid or ineffective.
(2) However, if Te Kotahitanga o Ngāti Tūwharetoa is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or of any provision of the Perpetuities Act 1964 to that trust must be determined under the general law.
25 30 20 Access to deed of settlement The chief executive of the Ministry of Justice must make copies of the deed of settlement available— (a) (b) for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am 35 and 5 pm on any working day; and free of charge on an Internet site maintained by or on behalf of the Min- istry of Justice.
39 Part 2 cl 21 Ngāti Tūwharetoa Claims Settlement Bill Part 2 Cultural redress Subpart 1—Protocols 21 Interpretation In this subpart,— protocol— (a) means each of the following protocols issued under section 22(1)(a): (i) (ii) the Crown minerals protocol: the primary industries protocol: (iii) the taonga tūturu protocol; and 5 10 (b) includes any amendments made under section 22(1)(b) responsible Minister means,— (a) (b) (c) (d) for the Crown minerals protocol, the Minister of Energy and Resources: for the primary industries protocol, the Minister for Primary Industries 1 or more Ministers who have responsibility under the protocol: 15 for the taonga tūturu protocol, the Minister for Arts, Culture and Herit- age: for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol.
20 General provisions applying to protocols 22 (1) Issuing, amending, and cancelling protocols Each responsible Minister— (a) must issue a protocol to the trustees on the terms set out in part 5 of the documents schedule; and (b) may amend or cancel that protocol.

25 (2) The responsible Minister may amend or cancel a protocol at the initiative of— (a) (b) the trustees; or the responsible Minister.
(3) The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.
30 23 Protocols subject to rights, functions, and duties Protocols do not restrict— 40 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 25 (a) the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for ex- ample, the ability— (i) (ii) to introduce legislation and change Government policy; and to interact with or consult a person the Crown considers appropri- ate, including any iwi, hapū, marae, whānau, or other representa- tive of tangata whenua; or 5 (b) (c) the responsibilities of a responsible Minister or a department of State; or the legal rights of Ngāti Tūwharetoa or a representative entity.
24 (1) (2) Enforcement of protocols The Crown must comply with a protocol while it is in force.

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

(3) Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.
10 15 (4) To avoid doubt,— (a) (b) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and subsection (3) does not affect the ability of a court to award costs in- curred by the trustees in enforcing the protocol under subsection (2).
20 Crown minerals 25 (1) Crown minerals protocol The chief executive of the department of State responsible for the administra- tion of the Crown Minerals Act 1991 must note a summary of the terms of the Crown minerals protocol in— (a) (b) a register of protocols maintained by the chief executive; and the minerals programmes that affect the Crown minerals protocol area, but only when those programmes are changed.
(2) The noting of the summary is— (a) (b) for the purpose of public notice only; and not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991.

(3) The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown min- erals.
25 30 35 (4) In this section,— 41 Part 2 cl 26 Ngāti Tūwharetoa Claims Settlement Bill Crown mineral means a mineral, as defined in section 2(1) of the Crown Min- erals Act 1991,— (a) (b) that is the property of the Crown under section 10 or 11 of that Act; or over which the Crown has jurisdiction under the Continental Shelf Act 1964 5 Crown minerals protocol area means the area shown on the map attached to the Crown minerals protocol, together with the adjacent waters minerals programme has the meaning given in section 2(1) of the Crown Minerals Act 1991.
Primary industries 26 (1) Primary industries protocol The chief executive of the Ministry for Primary Industries must note a summa- ry of the terms of the primary industries protocol in any fisheries plan that af- fects the primary industries protocol area.

(2) The noting of the summary is— (a) (b) for the purpose of public notice only; and not an amendment to a fisheries plan for the purposes of section 11A of the Fisheries Act 1996.
(3) The primary industries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments: (a) (b) (c) (d) the Fisheries Act 1996: the Maori Commercial Aquaculture Claims Settlement Act 2004: the Maori Fisheries Act 2004: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.
(4) In this section,— 10 15 20 25 fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996 primary industries protocol area means the area shown on the map attached to the primary industries protocol, together with the adjacent waters.

30 27 Taonga tūturu protocol Taonga tūturu 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 tū- turu.
35 42 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 28 Subpart 2—Statutory acknowledgement and geothermal statutory acknowledgement 28 Interpretation In this subpart,— geothermal energy has the meaning given in section 2(1) of the Resource Management Act 1991 5 geothermal resource— (a) means the geothermal energy and the geothermal water within each of the geothermal fields described in Part 2 of Schedule 1, the general location of which is indicated on the deed plan for each field; but (b) does not include any geothermal energy or geothermal water above the ground on land that is not owned by the Crown geothermal statutory acknowledgement means the acknowledgement made by the Crown in section 38 in respect of the geothermal resource, on the terms set out in this subpart geothermal water has the meaning given in section 2(1) of the Resource Man- agement Act 1991 relevant consent authority, for a statutory area, means a consent authority of a region or district that contains, or is adjacent to, the statutory area statement of association,— (a) for a statutory area, means the statement— (i) made by Ngāti Tūwharetoa of their particular cultural, historical, spiritual, and traditional association with the statutory area; and (ii) set out in part 4 of the documents schedule; and (b) for the geothermal resource, means the statement— (i) made by Ngāti Tūwharetoa of their particular cultural, historical, spiritual, and traditional association with, and their use of, the geothermal resource; and (ii) set out in part
 4 of the documents schedule statutory acknowledgement means the acknowledgement made by the Crown in section 29 in respect of the statutory areas, on the terms set out in this sub- part statutory area means an area described in Part 1 of Schedule 1, the general location of which is indicated on the deed plan for that area statutory plan— (a) means a district plan, regional coastal plan, regional plan, regional poli- cy statement, or proposed policy statement as defined in section 43AA of the Resource Management Act 1991; and 10 15 20 25 30 35 43 Part 2 cl 29 Ngāti Tūwharetoa Claims Settlement Bill (b) includes a proposed plan, as defined in section 43AAC of that Act.
Statutory acknowledgement 29 Statutory acknowledgement by the Crown The Crown acknowledges the statements of association for the statutory areas.
30 Purposes of statutory acknowledgement The only purposes of the statutory acknowledgement are— (a) (b) (c) to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 31 to 33; and to require relevant consent authorities to record the statutory acknow- ledgement on statutory plans that relate to the statutory areas and to pro- vide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 34 and 35; and to enable the trustees and any member of Ngāti Tūwharetoa to cite the statutory acknowledgement as evidence of the association of Ngāti Tū- wharetoa with a statutory area, in accordance with section 36.
5 10 15 31 (1) Relevant consent authorities to have regard to statutory acknowledgement This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
20 (2) On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity.

(3) 32 (1) Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.
25 Environment Court to have regard to statutory acknowledgement This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
30 (2) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under sec- tion 274 of the Resource Management Act 1991, whether the trustees are per- sons with an interest in the proceedings greater than that of the general public.

(3) Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991.
35 44 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 35 33 (1) Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement This section applies to an application made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area.
(2) On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application.
(3) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area— (a) (b) in determining whether the trustees are persons directly affected by the decision; and in determining, under section 59(1) or 64(1) of the Heritage New Zea- land Pouhere Taonga Act 2014, an appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application.
(4) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.

34 Recording statutory acknowledgement on statutory plans (1) On and from the effective date, each relevant consent authority must attach in- formation recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
(2) The information attached to a statutory plan must include— (a) (b) a copy of sections 29 to 33, 35, and 36; and descriptions of the statutory areas wholly or partly covered by the plan; and (c) the statement of association for each statutory area.
(3) The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not— (a) (b) part of the statutory plan; or subject to the provisions of Schedule 1 of the Resource Management Act 1991.
35 (1) Provision of summary or notice to trustees Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area: Part 2 cl 36 Ngāti Tūwharetoa Claims Settlement Bill (a) (b) if the application is received by the consent authority, a summary of the application; or if notice of the application is served on the consent authority under sec- tion 145(10) of the Resource Management Act 1991, a copy of the no- tice.
5 (2) A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B of the Re- source Management Act 1991 or as may be agreed between the trustees and the relevant consent authority.
(3) The summary must be provided— (a) (b) as soon as is reasonably practicable after the relevant consent authority receives the application; but before the relevant consent authority decides under section 95 of the Re- source Management Act 1991 whether to notify the application.

(4) A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the no- tice.
(5) The trustees may, by written notice to a relevant consent authority,— 10 15 (a) waive the right to be provided with a summary or copy of a notice under this section; and 20 (b) state the scope of that waiver and the period it applies for.
(6) This section does not affect the obligation of a relevant consent authority to de- cide,— (a) (b) under section 95 of the Resource Management Act 1991, whether to notify an application: 25 under section 95E of that Act, whether the trustees are affected persons in relation to an activity.
Use of statutory acknowledgement The trustees and any member of Ngāti Tūwharetoa may, as evidence of the as- sociation of Ngāti Tūwharetoa with a statutory area, cite the statutory acknow- ledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before— (a) (b) (c) (d) the relevant consent authorities; or the Environment Court; or Heritage New Zealand Pouhere Taonga; or the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991.
The content of a statement of association is not, by virtue of the statutory ac- knowledgement, binding as fact on— 30 35 36 (1) (2) 46 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 37 (a) (b) (c) the bodies referred to in subsection (1); or parties to proceedings before those bodies; or any other person who is entitled to participate in those proceedings.

(3) However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.
5 (4) To avoid doubt,— (a) (b) neither the trustees nor members of Ngāti Tūwharetoa are precluded from stating that Ngāti Tūwharetoa has an association with a statutory area that is not described in the statutory acknowledgement; and the content and existence of the statutory acknowledgement do not limit any statement made.
10 37 (1) Application of statutory acknowledgement to river, stream, or lake If any part of the statutory acknowledgement applies to a river or stream, in- cluding a tributary, that part of the acknowledgement— (a) applies only to— (i) (ii) the continuously or intermittently flowing body of fresh water, in- cluding a modified watercourse, that comprises the river or stream; and the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but (b) does not apply to— (i) a part of the bed of the river or stream that is not owned by the Crown; or (ii) an artificial watercourse.
(2) If any part of the statutory acknowledgement applies to a lake,— (a) that part of the acknowledgement applies only to— (i) (ii) the body of fresh water in the lake; and the bed of the lake; and 15 20 25 (b) that part of the acknowledgement does not apply to any part of the bed of the lake that is not owned by the Crown; and 30 (c) that part of the acknowledgement does not apply,— (i) (ii) in the case of a lake not controlled by artificial means, to any land that the waters of the lake do not cover at their highest level with- out overflowing the banks of the lake; or 35 in the case of a lake controlled by artificial means, to any land that the waters of the lake do not cover at the maximum operating lev- el; or 47 Part 2 cl 38 Ngāti Tūwharetoa Claims Settlement Bill (iii) to any river, stream, or watercourse, whether artificial or other- wise, draining into or out of a lake.
(3) In this section,— lake means a body of fresh water that is entirely or nearly surrounded by land, and includes a lake controlled by artificial means 5 maximum operating level means the level of water prescribed for an activity carried out in or on a lake under a resource consent or a rule in a regional plan or proposed plan within the meaning of the Resource Management Act 1991.
Geothermal statutory acknowledgement 38 Geothermal statutory acknowledgement by the Crown The Crown acknowledges the statement of association for the geothermal re- source.
39 Purposes of geothermal statutory acknowledgement The only purposes of the geothermal statutory acknowledgement are to— (a) (b) (c) require relevant consent authorities and the Environment Court to have regard to the geothermal statutory acknowledgement, in accordance with sections 40 and 41; and require relevant consent authorities to record the geothermal statutory acknowledgement on statutory plans that relate to the geothermal re- source and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sec- tions 42 and 43; and enable the trustees and any member of Ngāti Tūwharetoa to cite the geo- thermal statutory acknowledgement as evidence of the association of Ngāti Tūwharetoa with the geothermal resource, in accordance with section 44.
10 15 20 25 40 (1) Relevant consent authorities to have regard to geothermal statutory acknowledgement This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting the geothermal resource.
30 (2) On and from the effective date, a relevant consent authority must have regard to the geothermal statutory acknowledgement in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity.

(3) Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.
35 48 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 43 41 (1) Environment Court to have regard to geothermal statutory acknowledgement This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting the geothermal resource.
5 (2) On and from the effective date, the Environment Court must have regard to the geothermal statutory acknowledgement in deciding, under section 274 of the Resource Management Act 1991, whether the trustees are persons with an in- terest in the proceedings greater than that of the general public.

(3) Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991.
10 42 Recording geothermal statutory acknowledgement on statutory plans (1) On and from the effective date, each relevant consent authority must attach in- formation recording the geothermal statutory acknowledgement to all statutory plans that wholly or partly cover the geothermal resource.
(2) The information attached to a statutory plan must include— (a) (b) a copy of sections 38 to 41, 43, and 44; and a description of the geothermal resource wholly or partly covered by the plan; and (c) the statement of association for the geothermal resource.
(3) The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not— 15 20 (a) (b) part of the statutory plan; or subject to the provisions of Schedule 1 of the Resource Management Act 1991.
25 43 (1) Provision of summary or notice to trustees Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting the geo- thermal resource: (a) (b) if the application is received by the consent authority, a summary of the application; or if notice of the application is served on the consent authority under sec- tion 145(10) of the Resource Management Act 1991, a copy of the no- tice.
30 35 (2) A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B of the Re- 49 Part 2 cl 44 Ngāti Tūwharetoa Claims Settlement Bill source Management Act 1991 or as may be agreed between the trustees and the relevant consent authority.
(3) The summary must be provided— (a) (b) as soon as is reasonably practicable after the relevant consent authority receives the application; but 5 before the relevant consent authority decides under section 95 of the Re- source Management Act 1991 whether to notify the application.

(4) A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the no- tice.
10 (5) The trustees may, by written notice to a relevant consent authority,— (a) waive the right to be provided with a summary or copy of a notice under this section; and (b) state the scope of that waiver and the period it applies for.
(6) This section does not affect the obligation of a relevant consent authority to de- cide,— 15 (a) (b) under section 95 of the Resource Management Act 1991, whether to notify an application: under section 95E of that Act, whether the trustees are affected persons in relation to an activity.
20 44 (1) Use of geothermal statutory acknowledgement The trustees and any member of Ngāti Tūwharetoa may, as evidence of the as- sociation of Ngāti Tūwharetoa with the geothermal resource, cite the geo- thermal statutory acknowledgement in submissions concerning the taking, use, damming, or diverting of any geothermal water or geothermal energy from the geothermal resource that are made to or before— 25 (a) (b) (c) the relevant consent authorities; or the Environment Court; or the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991.
30 (2) The content of a statement of association is not, by virtue of the geothermal statutory acknowledgement, binding as fact on— (a) (b) (c) the bodies referred to in subsection (1); or parties to proceedings before those bodies; or any other person who is entitled to participate in those proceedings.

35 (3) However, the bodies and persons specified in subsection (2) may take the geothermal statutory acknowledgement into account.
(4) To avoid doubt,— 50 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 47 (a) neither the trustees nor members of Ngāti Tūwharetoa are precluded from stating that Ngāti Tūwharetoa has an association with the geo- thermal resource that is not described in the geothermal statutory ac- knowledgement; and (b) the content and existence of the geothermal statutory acknowledgement do not limit any statement made.
5 10 15 20 General provisions relating to statutory acknowledgement and geothermal statutory acknowledgement 45 (1) Exercise of powers and performance of functions and duties The statutory acknowledgement and the geothermal statutory acknowledge- ment do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.
(2) A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngāti Tūwharetoa with— (a) (b) a statutory area than that person would give if there were no statutory ac- knowledgement for the statutory area; or the geothermal resource than that person would give if there were no geothermal statutory acknowledgement for the geothermal resource.

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


This section is subject to other provisions in this subpart.

Rights not affected (3) (4) 46 (1) The statutory acknowledgement and the geothermal statutory acknowledge- ment— (a) (b) do not affect the lawful rights or interests of a person who is not a party to the deed of settlement; and 25 do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area or the geo- thermal resource.
(2) This section is subject to the other provisions of this subpart.

Consequential amendment to Resource Management Act 1991 47 (1) (2) Amendment to Resource Management Act 1991 This section amends the Resource Management Act 1991.
In Schedule 11, insert in its appropriate alphabetical order: Ngāti Tūwharetoa Claims Settlement Act 2017 30 35 51 Part 2 cl 48 Ngāti Tūwharetoa Claims Settlement Bill Subpart 3—Overlay classification 48 (1) Interpretation In this Act, overlay classification means the application of this subpart to each overlay site.
(2) In this subpart,— Conservation Board means a board established under section 6L of the Con- servation Act 1987 New Zealand Conservation Authority means the Authority established by section 6A of the Conservation Act 1987 overlay site— (a) means a site that is declared under section 49(1) to be subject to the overlay classification; but (b) does not include an area or part of an area that is declared under section 60(1) to be no longer subject to the overlay classification protection principles, for an overlay site,— 5 10 15 (a) means the principles agreed by the trustees and the Minister of Conser- vation, as set out for the area in part 3 of the documents schedule; and (b) includes any principles as they are amended by the written agreement of the trustees and the Minister of Conservation specified actions, for an overlay site, means the actions set out for the area site in part 3 of the documents schedule 20 statement of values, for an overlay site, means the statement— (a) made by Ngāti Tūwharetoa of their values relating to their cultural, his- torical, spiritual, and traditional association with the overlay area site; and 25 (b) set out in part 2 of the documents schedule.
Declaration of overlay classification and the Crown’s acknowledgement The sites described in Schedule 2 are declared to be subject to the overlay classification.

The Crown acknowledges the statement of values for each overlay site.
30 Purposes of overlay classification The only purposes of the overlay classification are— (a) (b) to require the New Zealand Conservation Authority and relevant Conser- vation Boards to comply with the obligations in section 52; and to enable the taking of action under sections 53 to 58.
35 49 (1) (2) 50 52 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 54 51 Effect of protection principles The protection principles are intended to prevent the values stated in the state- ment of values for an overlay site from being harmed or diminished.
52 Obligations on New Zealand Conservation Authority and Conservation Boards (1) When the New Zealand Conservation Authority or a Conservation Board con- siders a conservation management strategy, conservation management plan, or national park management plan that relates to an overlay site, the Authority or Board must have particular regard to— (a) (b) the statement of values for the site; and the protection principles for the site.
5 10 (2) Before approving a strategy or plan that relates to an overlay site, the New Zea- land Conservation Authority or a Conservation Board must— (a) (b) consult the trustees; and have particular regard to the views of the trustees as to the effect of the strategy or plan on— 15 (i) (ii) any matters in the implementation of the statement of values for the overlay site; and any matters in the implementation of the protection principles for the overlay site.
20 (3) 53 (1) 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 an overlay site, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those con- cerns.
Noting of overlay classification in strategies and plans The application of the overlay classification to an overlay site must be noted in any conservation management strategy, conservation management plan, or na- tional park management plan affecting the overlay site.
(2) The noting of the overlay classification is— (a) (b) for the purpose of public notice only; and not an amendment to the strategy or plan for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.
54 (1) Notification in Gazette The Minister of Conservation must notify in the Gazette, as soon as practicable after the settlement date,— 25 30 35 53 (3) 55 (1) (2) (3) 56 (1) (2) (3) Part 2 cl 55 Ngāti Tūwharetoa Claims Settlement Bill (a) the declaration made by section 49 that the overlay classification ap- plies to a site; and (b) the protection principles for each overlay site.
(2) An amendment to the protection principles, as agreed by the trustees and the Minister of Conservation, must be notified by the Minister in the Gazette as soon as practicable after the amendment has been agreed in writing.

5 The Director-General may notify in the Gazette any action (including any spe- cified action) taken or intended to be taken under section 55 or 56.
Actions by Director-General The Director-General must take action in relation to the protection principles that relate to each overlay site, including the specified actions.

10 The Director-General retains complete discretion to determine the method and extent of the action to be taken.

The Director-General must notify the trustees in writing of any action intended to be taken.
15 Amendment to strategies or plans The Director-General may initiate an amendment to a conservation manage- ment strategy, conservation management plan, or national park management plan to incorporate objectives for the protection principles that relate to an overlay site.

The Director-General must consult the relevant Conservation Boards before in- itiating the amendment.
The amendment 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.
57 Regulations The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the follow- ing purposes: (a) (b) (c) (d) to provide for the implementation of objectives included in a strategy or plan under section 56(1): to regulate or prohibit activities or conduct by members of the public in relation to an overlay area site: to create offences for breaches of regulations made under paragraph (b): to prescribe the following fines for an offence referred to in paragraph (c): (i) a fine not exceeding $5,000; and 54 20 25 30 35 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 60 (ii) if the offence is a continuing one, an additional amount not ex- ceeding $500 for every day on which the offence continues.
58 Bylaws The Minister of Conservation may make bylaws for 1 or more of the following purposes: 5 (a) (b) (c) (d) to provide for the implementation of objectives included in a strategy or plan under section 56(1): to regulate or prohibit activities or conduct by members of the public in relation to an overlay site: to create offences for breaches of bylaws made under paragraph (b): to prescribe the following fines for an offence referred to in paragraph (c): (i) a fine not exceeding $5,000; and 10 (ii) if the offence is a continuing one, an additional amount not ex- ceeding $500 for every day on which the offence continues.
15 59 (1) Effect of overlay classification on overlay site This section applies if, at any time, the overlay classification applies to any land in— (a) (b) (c) a national park under the National Parks Act 1980; or a conservation area under the Conservation Act 1987; or a reserve under the Reserves Act 1977.

(2) The overlay classification does not affect— 60 (1) (2) (a) (b) the status of the land as a national park, conservation area, or reserve; or the classification or purpose of a reserve.
Termination of overlay classification The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of an overlay site is no longer subject to the overlay classification.
The Minister of Conservation must not make a recommendation for the pur- poses of subsection (1) unless— (a) the trustees and the Minister of Conservation have agreed in writing that the overlay classification is no longer appropriate for the relevant area; or (b) (c) the relevant area is to be, or has been, disposed of by the Crown; or the responsibility for managing the relevant area is to be, or has been, transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
20 25 30 35 55 Part 2 cl 61 Ngāti Tūwharetoa Claims Settlement Bill (3) The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of a relevant area if— (a) (b) subsection (2)(c) applies; or there is a change in the statutory management regime that applies to all or part of the overlay site.
5 61 (1) Exercise of powers and performance of functions and duties The overlay classification does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw.
(2) A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for an overlay site than that person would give if the site were not subject to the overlay classification.

(3) (4) 62 (1) Subsection (2) does not limit subsection (1).

This section is subject to the other provisions of this subpart.
Rights not affected The overlay classification does not— 10 15 (a) (b) affect the lawful rights or interests of a person who is not a party to the deed of settlement; or have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an overlay site.

20 (2) This section is subject to the other provisions of this subpart.
Subpart 4—Official geographic names 63 Interpretation In this subpart,— Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board has the meaning given in section 4 of the Act Mission Bay Recreation Reserve means the land comprising 5.3362 hectares, more or less, being Sections 12 and 13 Block IV Tokaanu Survey District.

Part Gazette notice H050268 official geographic name has the meaning given in section 4 of the Act.
25 30 64 Official geographic names (1) A name specified in the second column of the table in clause 8.29 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
35 56 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 67 (2) 65 (1) (2) 66 (1) (2) 67 (1) (2) Each official geographic name is to be treated as if it were an official geograph- ic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19 of the Act.
Publication of official geographic names The Board must, as soon as practicable after the settlement date, give public notice, in accordance with section 21(2) and (3) of the Act, of each official geographic name specified under section 64(1).

The notice must state that each official geographic name became an official geographic name on the settlement date.
Subsequent alteration of official geographic names In making a determination to alter the official geographic name of a feature named under this subpart, the Board— (a) need not comply with section 16, 17, 18, 19(1), or 20 of the Act; but (b) must have the written consent of the trustees.

5 10 To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) of the Act.
15 Name change for Crown protected area The name of the Mission Bay Recreation Reserve is changed to Ōtaiātoa Bay Recreation Reserve.

The new name given to the reserve under subsection (1) is to be treated as if— 20 (a) (b) it were an official geographic name that takes effect on the settlement date; and it had first been reviewed and concurred with by the Board under subpart 3 of Part 2 of the Act.
25 (3) The Board must, as soon as practicable after the settlement date,— (a) (b) give public notice of the new name in accordance with section 21(2) and (3) of the Act; but state in the notice that the new name became an official geographic name on the settlement date.
30 (4) The official geographic name of a reserve named under this section must not be changed in accordance with subpart 3 of Part 2 of the Act without the written consent of the trustees, and any requirements under that subpart or another en- actment for public notice of or consultation about the proposed name do not apply.
35 57 Part 2 cl 68 Ngāti Tūwharetoa Claims Settlement Bill Subpart 5—Vesting of cultural redress properties 68 Interpretation In this subpart,— cultural redress property means each of the following properties, and each property means the land of that name described in Schedule 3: 5 Properties vested in fee simple (1) Aratiatia site A: (2) Aratiatia site B: (3) (4) Five Mile Bay site A: Five Mile Bay site C: (5) Hautū property: (6) Karapiti property: (7) Karetoto property: (8) (9) Parakiri site A: Puanga Street property: 10 15 (10) Part Former Tauranga Taupo School property: (11) Tawera Street property: (12) Te Huka North property: (13) Tokaanu Market property: Properties vested in fee simple to be administered as reserves 20 (14) Atahaka property: (15) Five Mile Bay site B: (16) Five Mile Bay site D: (17) Maunganamu property: (18) Motutere property: (19) Ngā Puna Wai Ariki ki Tokaanu property: (20) Ōmoho property: (21) Ōnekeneke property: (22) Oruatua property: (23) Paaka property: (24) Parakiri site B: (25) Parikarangaranga property: (26) Tauhara property: (27) Taupo Courthouse property: 58 25 30 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 70 (28) Tauranga Taupō property: (29) Te Huka property: (30) Te Kōwhai property: (31) Te Rapa property: (32) Te Iringa o te Pouraka property: 5 Properties vested in fee simple subject to conservation covenant (33) Tauhara Mountain property: (34) Te Huka South property geothermal interest means each of the following interests: the Aratiatia (Polo) Flat Lease registered
 as L 7474333.1 and held in computer interest register 370401, in relation to Aratiatia site A: 10 the Wairakei Geothermal Encumbrance registered as ENC 8702593.5 and held in computer interest register 549545, in relation to Aratiatia site A, Aratiatia site B, and the Karapiti property: the South Wairakei Forest 2011 Geothermal and Electricity Easement, 2050 Geothermal and Electricity Easement, and 2060 Geothermal and Electricity Easement, in relation to the Karapiti property: the Wairakei Geothermal and
 Electricity Easement registered as E 8702593.6 and held in computer interest register 549546, and a vari- ation registered as VE 8702593.7, in relation to the geothermal proper- ties (a) (b) (c) (d) geothermal property means each of the following properties: (a) Aratiatia site A: (b) Aratiatia site B: (c) Karapiti property: (d) Karetoto property: (e) (f) Te Huka North property: Te Huka South property 15 20 25 reserve property means each of the properties named in paragraphs (14) to (32) of the definition of cultural redress property.
30 Properties vested in fee simple 69 Aratiatia site A The fee simple estate in Aratiatia site A vests in the trustees.

70 Aratiatia site B The fee simple estate in Aratiatia site B vests in the trustees.

35 59 Part 2 cl 71 Ngāti Tūwharetoa Claims Settlement Bill 71 (1) (2) 72 (1) (2) (3) 73 (1) (2) Five Mile Bay site A The reservation of Five Mile Bay site A (being part of Five Mile Bay Recre- ation Reserve) as a recreation reserve subject to the Reserves Act 1977 is re- voked.
The fee simple estate in Five Mile Bay site A vests in the trustees.

5 Five Mile Bay site C The reservation of Five Mile Bay site C (being part of Five Mile Bay Recre- ation Reserve) as a recreation reserve subject to the Reserves Act 1977 is re- voked.

The fee simple estate in Five Mile Bay site C vests in the trustees.
10 Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant restricting building height on the terms and conditions set out in part 8 8.5 of the documents schedule.

Hautū property The part of the Hautū property that is a conservation area under the Conserva- tion Act 1987 ceases to be a conservation area.

15 The Hautū property ceases to be subject to Part 2 of the Maori Affairs Restruc- turing Act 1989.
(2A) The memorial noted on computer freehold register 768840 that the land is sub- ject to section 5 of the Native Purposes Act 1939 must not be noted on the register created under section 110(5) for the Hautū property.

The fee simple estate in the Hautū property vests in the trustees.

(3) 74 (1) (2) (3) Karapiti property The fee simple estate in the Karapiti property vests in the trustees.
The Commissioner of Crown Lands must provide the trustees with a registrable right of way easement on the terms and conditions set out in part 8 8.1 of the documents schedule.

The improvements of the permit holder listed in Schedule 1 of the recreation permit granted under the Land Act 1948 to the Craters of the Moon Trust do not vest in the trustees despite the vesting under subsection (1).

20 25 30 75 Karetoto property The fee simple estate in the Karetoto property vests in the trustees.
76 (1) Parakiri site A The reservation of the areas shown as A and C on OTS-575-20C (subject to survey) Sections 1 and 3 SO 519771 as a recreation reserve subject to the Re- serves Act 1977 is revoked.

35 (2) The fee simple estate in Parakiri site A vests in the trustees.
60 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 80 (3) Subsection (2) does not take effect until the trustees have provided— (a) the Crown with a registrable lease on the terms and conditions set out in part 8 8.2 of the documents schedule; and (b) (c) the Taupo District Council with a registrable easement in gross for a right to convey water, a right to drain water, a right to drain sewage, and a pedestrian right of way on the terms and conditions set out in part 8 8.3 of the documents schedule; and Unison Networks Limited with a registrable easement in gross for a right to convey electricity and a right to convey telecommunications and elec- tronic data on the terms and conditions set out in part 8 8.4 of the docu- ments schedule.
The area shown as C on OTS-575-20C Section 3 SO 519771 is vested in the Taupo District Council as a road pursuant to Part 21 of the Local Government Act 1974.

Section 113(3) applies to the revocation of the reserve status of the area shown as C on OTS-575-20C Section 3 SO 519771 by subsection (1) as if the land were a cultural redress property.
Sections 111(1) and 113(1) and (4) apply to the vesting of the area shown as C on OTS-575-20C Section 3 SO 519771 by subsection (4) as if the land being vested were a cultural redress property.

Puanga Street property The reservation of the Puanga Street property (being Puanga Street Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Puanga Street property vests in the trustees.
Part Former Tauranga Taupo School property The fee simple estate in the Part Former Tauranga Taupo School property vests in the trustees.

5 10 15 20 25 Tawera Street property The reservation of the part of the Tawera Street property that is a reserve sub- ject to the Reserves Act 1977 is revoked.

30 The part of the Tawera Street property that is a conservation area under the Conservation Act 1987 ceases to be a conservation area.
(4) (5) (6) 77 (1) (2) 78 79 (1) (2) (3) The fee simple estate in the Tawera Street property vests in the trustees.

(4) Any improvements in or on the Tawera Street property do not vest in the trustees despite the vesting under subsection (3).

35 80 Te Huka North property The fee simple estate in the Te Huka North property vests in the trustees.
61 Part 2 cl 81 Ngāti Tūwharetoa Claims Settlement Bill 81 (1) Tokaanu Market property The reservation of the Tokaanu Market property as a reserve subject to the Re- serves Act 1977 is revoked.

(2) The fee simple estate in the Tokaanu Market property vests in the trustees.

Properties vested in fee simple to be administered as reserves 5 Atahaka property The Atahaka property ceases to be a conservation area under the Conservation Act 1987.
The fee simple estate in the Atahaka property vests in the trustees.

The Atahaka property is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

10 The reserve is named Atahaka Historic Reserve.

Five Mile Bay site B The reservation of Five Mile Bay site B (being part of Five Mile Bay Recre- ation Reserve) as a recreation reserve subject to the Reserves Act 1977 is re- voked.

The fee simple estate in Five Mile Bay site B vests in the trustees.
Five Mile Bay site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

The reserve is named Five Mile Bay Scenic Reserve.

Five Mile Bay site D The reservation of Five Mile Bay site D (being part of Five Mile Bay Recre- ation Reserve) as a recreation reserve subject to the Reserves Act 1977 is re- voked.

The fee simple estate in Five Mile Bay site D vests in the trustees.
Five Mile Bay site D is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve is named Five Mile Bay Recreation Reserve.

Application of Freedom Camping Act 2011 to Five Mile Bay Recreation Reserve (Five Mile Bay site D) In this section, reserve means the Five Mile Bay Recreation Reserve that is re- ferred to in section 84(4) (Five Mile Bay site D).
The Freedom Camping Act 2011 (the Act) applies to the reserve and the ad- ministering body of the reserve in the following manner: (a) the reserve must be treated as if it were conservation land: 15 20 25 30 35 82 (1) (2) (3) (4) 83 (1) (2) (3) (4) 84 (1) (2) (3) (4) 85 (1) (2) 62 10 15 20 (b) (c) (d) (e) Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 87 each reference in the Act to the Director-General or the Department must be treated as if it were a reference to the administering body: if property is seized and impounded and not returned under the Act, sec- tion 40(5) of the Act does not apply to any proceeds from the disposal of that property: 5 section 31(2) of the Act does not apply to infringement fees resulting from infringement notices issued for infringement offences alleged to have been committed in the reserve: a notice under section 17(1)(b) of the Act (defining conservation land where freedom camping is prohibited) must be consistent with any re- serve management plan for the reserve before it is published in accord- ance with section 18 of the Act.
(3) Despite subsection (2)(e), a notice published under section 17(1)(b) of the Act that is in force immediately before the settlement date and applies to the reserve continues to have effect until it is replaced by a notice that complies with subsection (2)(e).

In subsection (2)(e), reserve management plan means a plan that has been approved under section 41 of the Reserves Act 1977.
(4) 86 Maunganamu property The reservation of the Maunganamu property (being part of Tokaanu Thermal Park Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Maunganamu property vests in the trustees.

(1) (2) (3) The Maunganamu property is declared a historic reserve subject to section 18 of the Reserves Act 1977.

25 (4) The reserve is named Maunganamu Historic Reserve.
87 Motutere property (1) (2) (3) (4) The reservation of the Motutere property (being Motutere Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Motutere property vests in the trustees.

30 The right of way reserved by section 14(3) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 is cancelled to the extent that it re- lates to the Motutere property.
The Motutere property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

35 (5) The reserve is named Motutere Scenic Reserve.
63 Part 2 cl 88 Ngāti Tūwharetoa Claims Settlement Bill Ngā Puna Wai Ariki ki Tokaanu property The reservation of those parts of the Ngā Puna Wai Ariki ki Tokaanu property (being part of Tokaanu Thermal Park Recreation Reserve) shown as A and B on OTS-575-15 (subject to survey) as that are a recreation reserve subject to the Reserves Act 1977 is revoked.

The road shown as C and E on OTS-575-15 (subject to survey) Sections 3 and 4 on SO 517953 is stopped.
Section 345(3) of the Local Government Act 1974 does not apply to the stop- ping of the road.

The areas shown as C, D, and E on OTS-575-15 (subject to survey) Sections 3, 4, and 5 SO 517953 vest in the Crown as Crown land subject to the Land Act 1948.

The fee simple estate in the Ngā Puna Wai Ariki ki Tokaanu property vests in the trustees.

5 10 The Ngā Puna Wai Ariki ki Tokaanu property is declared a reserve and classi- fied as a recreation reserve subject to section 17 of the Reserves Act 1977.
15 The reserve is named Ngā Puna Wai Ariki ki Tokaanu Recreation Reserve.

Ōmoho property The reservation of Lots 1 and 2 DP 51475 (being Waihi Road Recreation Re- serve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

20 The Ōmoho property (other than the part referred to in subsection (1)) vests in the Crown as Crown land subject to the Land Act 1948.

The fee simple estate in the Ōmoho property vests in the trustees.
The right of way reserved by section 14(3) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 is cancelled to the extent that it re- lates to the Ōmoho property.

The Ōmoho property is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

The reserve is named Ōmoho Historic Reserve.


Section 113(3) applies to the revocation of the reserve status of Lots 1 and 2 DP 51475 by subsection (1) as if all of the land were a cultural redress prop- erty.

25 30 Ōnekeneke property The Ōnekeneke property ceases to be a conservation area under the Conserva- tion Act 1987.

35 The fee simple estate in the Ōnekeneke property vests in the trustees.
The Ōnekeneke property is declared a reserve and classified as a recreation re- serve subject to section 17 of the Reserves Act 1977.

88 (1) (2) (3) (4) (5) (6) (7) 89 (1) (2) (3) (4) (5) (6) (7) 90 (1) (2) (3) 64 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 93 (4) The reserve is named Ōnekeneke Recreation Reserve.
91 Modification of Conservation Act 1987 for Ōnekeneke property (1) Section 64(2)(b) of the Conservation Act 1987 continues to apply to the Ōne- keneke property and the lease as if— (a) (b) (c) (d) the reference to the Director-General were a reference to the lessor under the lease, except in clause (a) of the lease where the reference to the les- sor must be read as a reference to the Crown; and 5 the provisions of the Land Act 1948 specified in section 64(3) of the Conservation Act 1987 were sections 130 to 151 (except 143(1)) and sections 170 to 170B of the Land Act 1948; and 10 the references to the Crown and Her Majesty in sections 136(4), 139(1), and 146(3) of the Land Act 1948 were references to the lessor under the lease; and the words “with the approval of the Minister,” were omitted from section 146(1) of the Land Act 1948.
15 In this section, lease means the lease held in computer interest register SA5C/328 as renewed by instrument B458150.2.

Oruatua property The reservation of the part of the Oruatua property (being Oruatua Reserve) that is a reserve subject to the Reserves Act 1977 is revoked.

20 That part of Section 1 SO 517279 and the area of 3.9640 hectares shown as Taupo-Nui-A-Tia on SO 517279 that were formerly Part Tauranga Taupo 1B1 ceases cease to be a conservation area under the Conservation Act 1987.
The right of way reserved by section 14(3) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 is cancelled to the extent that it re- lates to the Oruatua property.

The fee simple estate in the Oruatua property vests in the trustees.

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

The reserve is named Oruatua Scenic Reserve.


Paaka property The reservation of Sections 4 and 6 Part Section 4 and Section 6 Block I Waita- hanui Survey District (being the Hatepe Recreation Reserve) as a recreation re- serve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Paaka property vests in the trustees.
The right of way reserved by section 14(3) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 is cancelled to the extent that it re- lates to the Paaka property.

25 30 35 (2) 92 (1) (2) (3) (4) (5) (6) 93 (1) (2) (3) 65 Part 2 cl 94 Ngāti Tūwharetoa Claims Settlement Bill (4) (5) (6) 94 (1) (2) (3) (4) (5) (6) (7) The Paaka property is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve is named Paaka Recreation Reserve.


Section 113(3) applies to the revocation of the reserve status of Sections 4 and 6 Part Section 4 and Section 6 Block I Waitahanui Survey District by sub- section (1) as if all of the land were a cultural redress property.

5 Parakiri site B The reservation of Parts Section 6 Block XXXIV Town of Taupo as a recre- ation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Parakiri site B vests in the trustees.
10 The right of way reserved by section 14(3) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 is cancelled to the extent that it re- lates to the Parakiri site B. Parakiri site B is declared a reserve and classified as a recreation reserve sub- ject to section 17 of the Reserves Act 1977.

15 The reserve is named Parakiri Recreation Reserve.
The Taupo District Council is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if the reserve were vested in the Council under section 26 of that Act.

Subsection (6) continues to apply despite any subsequent transfer under sec- tion 118.

20 (8) Any improvements in or on Parakiri site B do not vest in the trustees despite (9) the vesting under subsection (2).
Subsections (1) to (8) do not take effect until the trustees have provided— (a) the Crown with a registrable lease and a registrable easement in gross for a right to convey water, a right to drain water, a right to convey electri- city, a right to convey telecommunications and computer media, a right to drain sewage, and a right to collect and dispose refuse on the terms set out in part 8 parts 8.12 (for the lease) and 8.13 (for the easement) of the documents schedule; and (b) (c) the Taupo District Council with a registrable easement in gross for a right to convey water, a right to drain sewage, and a right to drain water and a pedestrian right of way on the terms and conditions set out in part 8 8.3 of the documents schedule; and Unison Networks Limited with a registrable easement in gross for a right to convey electricity and a right to convey telecommunications and elec- tronic data on the terms and conditions set out in part 8 8.4 of the docu- ments schedule.
25 30 35 (10) Despite the provisions of the Reserves Act 1977, the lease and the easements— 66 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 97 (a) (b) are enforceable in accordance with their terms; and are to be treated as having been granted in accordance with the Reserves Act 1977.

(11) Section 113(3) applies to the revocation of the reserve status of Parts Section 6 Block XXXIV Town of Taupo by subsection (1) as if all of the land were a cultural redress property.
5 95 Ownership of improvements on Parakiri site B (1) Despite the vesting of the Parakiri site B under section 94,— (a) (b) (c) improvements owned by the Taupo District Council may remain on Par- akiri site B without the consent of, and without charge by, the trustees; and the improvements may subject to subsection (2), be accessed, used, occupied, repaired, maintained, removed, demolished, or replaced by the Council (or any person with the consent of the Council) at any time without the consent of, and without charge by, the trustees; and the trustees are not liable under any enactment or rule of law for any matter in relation to improvements for which they would, apart from this section, be liable by reason of their ownership of Parakiri site B.
10 15 If an improvement is replaced under subsection (1)(b), the replacement must be of the same size and in the same location as that improvement.

20 Parikarangaranga property The reservation of the Parikarangaranga property (being part of Motuoapa Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is re- voked.

The fee simple estate in the Parikarangaranga property vests in the trustees.
25 The Parikarangaranga property is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

The reserve is named Parikarangaranga Historic Reserve.

Tauhara property The reservation of the Tauhara property (being Broadlands Road Geo-thermal Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is re- voked.

30 The fee simple estate in the Tauhara property vests in the trustees.
The Tauhara property is declared a reserve and classified as a scientific reserve subject to section 21 of the Reserves Act 1977.

35 (2) 96 (1) (2) (3) (4) 97 (1) (2) (3) (4) The reserve is named Tauhara Scientific Reserve.

67 Part 2 cl 98 Ngāti Tūwharetoa Claims Settlement Bill 98 (1) (2) (3) (4) 99 (1) (2) (3) (4) Taupo Courthouse property The reservation of the Taupo Courthouse property as a historic reserve subject to the Reserves Act 1977 is revoked.
The fee simple estate in the Taupo Courthouse property vests in the trustees.

The Taupo Courthouse property is declared a reserve and classified as a his- toric reserve subject to section 18 of the Reserves Act 1977.

5 The reserve is named Taupo Courthouse Historic Reserve.

Tauranga Taupō property Part Tauranga Taupō 1B1 The Tauranga Taupō property ceases to be a conser- vation area under the Conservation Act 1987.

10 The fee simple estate in the Tauranga Taupō property vests in the trustees.
The right of way reserved by section 14(3) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 is cancelled to the extent that it re- lates to the Tauranga Taupō property.

The Tauranga Taupō property is declared a reserve and classified as a recre- ation reserve subject to section 17 of the Reserves Act 1977.

15 (5) The reserve is named Tauranga Taupō Recreation Reserve.

100 Te Huka property (1) (2) (3) (4) The fee simple estate in the Te Huka property vests in the trustees.
The Te Huka property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

20 The reserve is named Te Huka Scenic Reserve.
Subsections (1) to (3) do not take effect until the trustees have provided— (a) the Crown with a registrable easement in gross for a right of way on the terms and conditions set out in part 8 8.14 of the documents schedule; and (b) (c) the Crown with a registrable easement in gross for a right to convey water, a right to convey electricity, a right to drain sewage, and a right to drain water on the terms and conditions set out in part 8 8.15 of the documents schedule; and the Taupo District Council with a registrable easement in gross for a right to drain sewage on the terms and conditions set out in part 8 8.16 of the documents schedule; and (d) Unison Networks Limited with a registrable easement in gross for a right to convey electricity and a right to convey telecommunications and elec- tronic data on the terms and conditions set out in part 8 8.17 of the docu- ments schedule.
25 30 35 (5) Despite the provisions of the Reserves Act 1977, the easements— 68 (1) (2) (3) (4) (5) (6) Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 102 (a) (b) are enforceable in accordance with their terms; and are to be treated as having been granted in accordance with the Reserves Act 1977.

101 Te Kōwhai property The fee simple estate in the Te Kōwhai property vests in the trustees.
5 The Te Kōwhai property is declared a reserve and classified as a recreation re- serve subject to section 17 of the Reserves Act 1977.

The reserve is named Te Kōwhai Recreation Reserve.

The Tongariro Trout Hatchery and Freshwater Ecology Centre Trust is the ad- ministering body of the reserve, and the Reserves Act 1977 applies to the re- serve as if the reserve were vested in that trust under section 26 of that Act.

Subsection (4) continues to apply despite any subsequent transfer under sec- tion 118.
Subsections (1) to (5) do not take effect until the trustees of the Tongariro Trout Hatchery and Freshwater Ecology Centre Trust— (a) (b) (c) (d) have provided the Crown with a licence to occupy on the terms and con- ditions set out in part 8 8.8 of the documents schedule; and have provided the Tongariro National Trout Centre Society Incorporated with a licence to occupy on the terms and conditions set out in part 8 8.9 of the documents schedule; and have provided the Tongariro National Trout Centre Society Incorporated with a registrable lease on the terms and conditions set out in part 8 8.10 of the documents schedule; and have provided the Tongariro National Trout Centre Society Incorporated with a registrable easement for a right of way on the terms and condi- tions set out in part 8 8.11 of the documents schedule; and (e) are incorporated as a board under the Charitable Trusts Act 1957.
(7) Despite the provisions of the Reserves Act 1977, the lease, the licences to oc- cupy, and the easement— (a) (b) are enforceable in accordance with their terms; and are to be treated as having been granted in accordance with the Reserves Act 1977.

102 Te Rapa property (1) (2) (3) The reservation of the Te Rapa property (being Waihi Road Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

35 The fee simple estate in the Te Rapa property vests in the trustees.
The Te Rapa property is declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

69 10 15 20 25 30 Part 2 cl 103 Ngāti Tūwharetoa Claims Settlement Bill (4) The reserve is named Te Rapa Historic Reserve.

103 Te Iringa o te Pouraka property (1) (2) (3) (4) (5) (6) (7) (8) The reservation of Sections 7 and 12 Block VII Puketi Survey District (being the Waiotaka Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.
5 The road shown as A, D, and E on OTS-575-34B (subject to survey) Sections 3, 4, 5, and 6 on SO 517957 is stopped and vests in the Crown as Crown land subject to the Land Act 1948.

The areas shown as B, C, F, and G on OTS-575-34B (subject to survey) Sec- tions 7, 8, 9, and 12 SO 517957 are declared to be a road, limited access road, and State Highway pursuant to section 88(2) of the Government Roading Powers Act 1989, and remain vested in the Crown.
The right of way reserved by section 14(3) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 is cancelled to the extent that it re- lates to the Te Iringa o te Pouraka property.

The fee simple estate in the Te Iringa o te Pouraka property vests in the trustees.

The Te Iringa o te Pouraka property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

The reserve is named Te Iringa o te Pouraka Scenic Reserve.
Section 113(3) applies to the revocation of the reserve status of Sections 7 and 12 Block VII Puketi Survey District by subsection (1) as if all of the land were a cultural redress property.
10 15 20 104 Five-year right of entry onto Te Iringa o te Pouraka property by Crown 25 (1) Despite the vesting of the Te Iringa o te Pouraka property under section 103(5), the Crown may enter the Te Iringa o te Pouraka property, with or with- out motor vehicles, machinery, implements of any kind, or dogs, for any of the following purposes: (a) species management: (b) monitoring pest plants or pest animals: (c) (d) controlling pest plants or pest animals: restoration of wetlands.
30 The right of entry conferred by this section expires on the close of the date that is 5 years after the commencement of this section.
35 If the Crown enters the Te Iringa o te Pouraka property under subsection (1), it must first give notice to the trustees unless— (2) (3) 70 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 107 (a) (b) the Crown enters in circumstances that the Crown and the trustees have agreed for which notice is not required; or the Crown is responding to a known or suspected incursion of a pest ani- mal.
(4) If the Crown enters the property under subsection (1), it must give notice to the trustees, orally or by electronic means (as the Crown and the trustees agree), at least 24 hours before entering or, if that is not practicable,— 5 (a) (b) before entering, if practicable; or as soon as possible after entering.

(5) In this section, the Crown includes any person authorised by the Crown.
10 Properties vested in fee simple subject to conservation covenants 105 Tauhara Mountain property (1) (2) (3) The reservation of the Tauhara Mountain property (being Tauhara Mountain Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is re- voked.

The fee simple estate in the Tauhara Mountain property vests in the trustees.
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to the Tauhara Mountain property on the terms and conditions set out in part 8 8.6 of the documents schedule.

15 20 (4) The covenant is to be treated as a conservation covenant for the purposes of— (a) (b) section 77 of the Reserves Act 1977; and section 27 of the Conservation Act 1987.
106 Te Huka South property (1) (2) The fee simple estate in the Te Huka South property vests in the trustees.

25 Subsection (1) does not take effect until the trustees have provided the Crown with a registrable covenant in relation to the Te Huka South property on the terms and conditions set out in part 8 8.7 of the documents schedule.

(3) The covenant is to be treated as a conservation covenant for the purposes of— (a) (b) section 77 of the Reserves Act 1977; and section 27 of the Conservation Act 1987.
30 General provisions applying to vesting of cultural redress properties 107 Properties vest subject to or together with interests Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 3.
35 71 Part 2 cl 108 Ngāti Tūwharetoa Claims Settlement Bill 108 Interests in land for certain reserve properties (1) (2) This section applies to all or the part of Parakiri site B or the Te Kōwhai prop- erty that remains a reserve under the Reserves Act 1977 (the reserve land), but only while the reserve land has an administering body that is treated as if the land were vested in it.
If Parakiri site B or the Te Kōwhai property is affected by an interest in land listed for the property in Schedule 3, the interest applies as if the administer- ing body were the grantor, or the grantee, as the case may be, of the interest in respect of the reserve land.

(3) Any interest in land that affects the reserve land must be dealt with for the pur- poses of registration as if the administering body were the registered proprietor of the reserve land.
(4) However, subsections (2) and (3) do not affect the registration of the lease and easements referred to in section 94(9).

5 10 (4A) Subsections (2) and (3) continue to apply despite any subsequent transfer of 15 the reserve land under section 118.
109 Interests that are not interests in land (1) (2) (3) This section applies if a cultural redress property is subject to an interest (other than an interest in land) that is listed for the property in Schedule 3, and for which there is a grantor, whether or not the interest also applies to land outside the cultural redress property.
The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property, except to the extent that sub- section (3) applies.

If all or part of the cultural redress property is reserve land to which section 108 applies, the interest applies as if the administering body of the reserve land were the grantor of the interest in respect of the reserve land.
(4) The interest applies— (a) until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and (b) with any other necessary modifications; and (c) despite any change in status of the land in the property.

20 25 30 110 Registration of ownership This section applies to a cultural redress property vested in the trustees under this subpart.
35 Subsection (3) applies to a cultural redress property (other than Five Mile Bay site C, the Hautū property, the Ngā Puna Wai Ariki ki Tokaanu property, the Oruatua property, the Taupo Courthouse property, and the Te Kōwhai prop- (1) (2) 72 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 110 erty), but only to the extent that the property is all of the land contained in a computer freehold register.
(3) The Registrar-General must, on written application by an authorised person,— (a) (b) register the trustees as the proprietors of the fee simple estate in the property; and 5 record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 8 of the deed of settle- ment.

(4) (4) Subsection (5) applies to a cultural redress property but only to the extent that subsection (2) does not apply to the property.
Subsection (5) applies to— (a) a cultural redress property but only to the extent that subsection (2) does not apply to the property: (b) the following properties: (i) (ii) (iii) (iv) (v) (vi) Five Mile Bay site C: the Hautū property: the Ngā Puna Wai Ariki ki Tokaanu property: the Oruatua property: the Taupo Courthouse property: the Te Kōwhai property.
10 15 20 (5) The Registrar-General must, in accordance with a written application by an authorised person,— (a) (b) create a computer freehold register for the fee simple estate in the prop- erty in the name of the trustees; and record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.

25 (6) Subsection (5) is subject to the completion of any survey necessary to create a 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 not later than— 30 (a) (b) 24 months after the settlement date; or any later date that may be agreed in writing by the Crown and the trustees.
(8) In this section, authorised person means,— (a) for the following properties, a person authorised by the chief executive of LINZ: 35 (i) Aratiatia site A: (ii) Aratiatia site B: 73 Part 2 cl 111 Ngāti Tūwharetoa Claims Settlement Bill (iii) Te Huka property: (iv) Karapiti property: (v) Karetoto property: (vi) Te Huka North property: (vii) Part Former Tauranga Taupo School property: (viii) Te Huka South property: (b) (c) for the Hautū property, a person authorised by the chief executive of the Ministry of Justice: for the Te Kōwhai property, 2 persons who make a joint application, with 1 person authorised by the chief executive of LINZ and the other person authorised by the Director-General: (d) for all other properties, a person authorised by the Director-General.
111 Application of Part 4A of Conservation Act 1987 (1) (2) (3) (4) (5) The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A of the Conserva- tion Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

Section 24 of the Conservation Act 1987 does not apply to the vesting of a re- serve property or a geothermal property.
The marginal strip reserved by section 24 of the Conservation Act 1987 from 20 the vesting of the Puanga Street property is reduced to a width of 10 metres.

If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from sec- tion 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.
If all geothermal interests are surrendered for all or part of a geothermal prop- erty, the vesting of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the proper- ty.

(6) Subsections (2) to (5) do not limit subsection (1).
112 Matters to be recorded on computer freehold register (1) The Registrar-General must record on the computer freehold register,— (a) for a reserve property other than Parakiri site B and the Te Kōwhai prop- erty,— (i) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and 35 (ii) that the land is subject to sections 111(4) and 116; and (b) for Parakiri site B and the Te Kōwhai property,— 74 5 10 15 25 30 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 112 (i) (ii) 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 each property is subject to sections 108(3), 111(4), and 116; and (c) for the Puanga Street property, 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 5 (d) for a geothermal property,— (i) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and 10 (ii) that the land is subject to section 111(5); and (e) for any other cultural redress property, that the land is subject to Part 4A of the Conservation Act 1987.
(2) A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.
(3) For a reserve property other than Parakiri site B and the Te Kōwhai property, if the reservation of the property under this subpart is revoked for— (a) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that— (i) section 24 of the Conservation Act 1987 does not apply to the property; and (ii) the property is subject to sections 111(4) and 116; or (b) part of the property, the Registrar-General must ensure that the notifica- tions referred to in paragraph (a) remain only on the computer free- hold register for the part of the property that remains a reserve.
(4) If the reservation under this subpart of Parakiri site B and the Te Kōwhai prop- erty is revoked for— (a) (b) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that— (i) section 24 of the Conservation Act 1987 does not apply; and (ii) the property is subject to sections 108(3), 111(4), and 116; or part of the property, the Registrar-General must ensure that the notifica- tions referred to in paragraph (a) remain only on the computer free- hold register for the part of the property that remains a reserve.
(4A) The following applies if all geothermal interests are surrendered for all or part of a geothermal property: 15 20 25 30 35 75 Part 2 cl 113 Ngāti Tūwharetoa Claims Settlement Bill (a) (b) if none of the property remains subject to a geothermal interest, the registered proprietors of the property must apply in writing to the Registrar-General to remove the notifications from the property that— (i) (ii) section 24 of the Conservation Act 1987 does not apply; and the land is subject to section 111(5): 5 if part of the property remains subject to a geothermal interest, the Registrar-General must ensure the notifications referred to in para- graph (a) remain on the computer freehold register for the part of the property subject to the geothermal interests.
(5) The Registrar-General must comply with an application received in accordance with subsection (3)(a) or, (4)(a), or (4A)(a).

10 113 Application of other enactments (1) The vesting of the fee simple estate in a cultural redress property under this subpart does not— (a) (b) limit section 10 or 11 of the Crown Minerals Act 1991; or affect other rights to subsurface minerals.
(2) (3) (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.

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of a cultural redress property.
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to— 15 20 (a) the vesting of the fee simple estate in a cultural redress property under this subpart; or 25 (b) any matter incidental to, or required for the purpose of, the vesting.

114 Names of Crown protected areas discontinued Subsection (2) applies to a cultural redress property or the land referred to in sections 93(1) and 103(1) that, immediately before the settlement date, was all or part of a Crown protected area.
The official geographic name of the Crown protected area is discontinued in re- spect of the land, or the part of the land, and the Board must amend the Gazet- teer accordingly.

In this section, Board, Crown protected area, Gazetteer, and official geo- graphic name have the meanings given in section 4 of the New Zealand Geo- graphic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
30 35 (1) (2) (3) 76 Ngāti Tūwharetoa Claims Settlement Bill Part 2 cl 117 Further provisions applying to reserve properties 115 Application of other enactments to reserve properties (1) (2) (3) The trustees are the administering body of a reserve property, except as provi- ded for in sections 94 and 101.

Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve property.
If the reservation of a reserve property under this subpart is revoked under sec- tion 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25 of that Act.

(4) A reserve property is not a Crown protected area under the New Zealand Geo- graphic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, despite anything in that Act.
(5) A reserve property (except for Parakiri site B and the Te Kōwhai property) must not have a name assigned to it or have its name changed under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property, and section 16(10A) of that Act does not apply to the proposed name.
(6) As long as the Te Kōwhai property or Parakiri site B is declared a reserve sub- ject to the Reserves Act 1977 and has an administering body that is treated as if the reserve were vested in it,— (a) the Te Kōwhai property or Parakiri site B (as the case may require) must not have a name assigned to it or have its name changed under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property and the administering body; and 5 10 15 20 (b) section 16(10A) of that Act does not apply to the proposed name.
25 (7) Subsection (2) does not apply to Parakiri site B and the Te Kōwhai property.

116 (1) (2) (3) Subsequent transfer of reserve land This section applies to all or the part of a reserve property that remains a re- serve under the Reserves Act 1977 after the property has vested in the trustees under this subpart.

30 The fee simple estate in the reserve land may be transferred only in accordance with section 117 or 118.
In this section and sections 117 to 119, reserve land means the land that remains a reserve as described in subsection (1).

117 Transfer of reserve land to new administering body 35 (1) The registered proprietors of the reserve land may apply in writing to the Min- ister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners).
77 Part 2 cl 118 Ngāti Tūwharetoa Claims Settlement Bill (2) The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able— (a) (b) to comply with the requirements of the Reserves Act 1977; and to perform the duties of an administering body under that Act.

(3) The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.
5 (4) The required documents are— (a) (b) (c) (d) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and 10 the written consent of the Minister of Conservation to the transfer of the reserve land; and the written consent of the administering body of the reserve land, if the trustees are transferring the land and are not the administering body; and 15 any other document required for the registration of the transfer instru- ment.
(5) The new owners, from the time of their registration under this section,— (a) (b) are the administering body of the reserve land; and hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.

20 (6) A transfer that complies with this section need not comply with any other re- quirements.
118 Transfer of reserve land where trustees change The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if— 25 (a) (b) (c) the transferors of the reserve land are or were the trustees of a trust; and 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 30 the instrument to transfer the reserve land is accompanied by a certifi- cate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.
119 Reserve land not to be mortgaged The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
35 78 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 123 120 Saving of bylaws, etc, in relation to reserve properties (1) This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 or the Reserves Act 1977 in relation to a reserve property before the property was vested in the trustees under this subpart.
(2) The bylaw, prohibition, or restriction remains in force until it expires or is re- voked under the Conservation Act 1987 or the Reserves Act 1977.

Relationship agreements 121 Relationship agreement between trustees and Ministry for the Environment The trustees and the Ministry for the Environment must, if they have not al- ready done so before the settlement date, enter into a relationship agreement on the settlement date on the terms and conditions set out in part 6 of the docu- ments schedule.
122 Te Piringa agreement between trustees, Minister, and Director-General The trustees and the Minister of Conservation and the Director-General must, if they have not already done so before the settlement date, enter into a relation- ship partnership agreement on the settlement date on the terms and conditions set out in part 7 of the documents schedule.
5 10 15 20 Part 3 Commercial redress 123 Interpretation In subparts 1 to 4,— commercial redress property means a property described in part 3 of the property redress schedule 25 Crown forest land has the meaning given in section 2(1) of the Crown Forest Assets Act 1989 Crown forestry assets has the meaning given in section 2(1) of the Crown Forest Assets Act 1989 30 Crown forestry licence— (a) (b) has the meaning given in section 2(1) of the Crown Forest Assets Act 1989; and in relation to the licensed land, means the licence described in the fourth column of the table in part 3 of the property redress schedule 35 79 Part 3 cl 123 Ngāti Tūwharetoa Claims Settlement Bill Crown forestry rental trust means the forestry rental trust referred to in sec- tion 34 of the Crown Forest Assets Act 1989 Crown forestry rental trust deed means the trust deed made on 30 April 1990 establishing the Crown forestry rental trust deferred selection property means a the property described in table 1 of part 4 of the property redress schedule for which the requirements for transfer under the deed of settlement have been satisfied 5 land holding agency means the land holding agency specified,— (a) (b) for a commercial redress property, in part 3 of the property redress schedule; or 10 for a the deferred selection property, in table 1 of part 4 of the property redress schedule licensed land— (a) means each the property described as licensed land in part 3 of the prop- erty redress schedule; but (b) excludes— 15 (i) (ii) trees growing,
 standing, or lying on the land; and improvements that have been— (A) acquired by a purchaser of the trees on the land; or (B) made by the purchaser or the licensee after the purchaser 20 has acquired the trees on the land licensee means the registered holder of the Crown forestry licence licensor means the licensor of the Crown forestry licence protected site means any area of land situated in the licensed land that— (a) (b) is wāhi tapu or a wāhi tapu area within the meaning of section 6 of the Heritage New Zealand Pouhere Taonga Act 2014; and 25 is, at any time, entered on the New Zealand Heritage List/Rārangi Kōre- ro as defined in section 6 of that Act right of access means the right conferred by section 135 Tauhara Recreation Reserve means the property described by that name in part 3 of the property redress schedule 30 Taurewa Station means the property described by that name in part 3 of the property redress schedule Waipapa Road Conservation Area means the property described by that name in table 1 of part 4 of the property redress schedule.
35 80 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 127 Subpart 1—Transfer of commercial redress properties and deferred selection properties 124 The Crown may transfer properties To give effect to part 9 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised— 5 (a) (b) to transfer the fee simple estate in a commercial redress property or a the deferred selection property to the trustees; and to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
125 Tauhara Recreation Reserve 10 (1) (2) (3) (4) The reservation of Tauhara Recreation Reserve as a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked immediately before the transfer of the fee simple estate in the property under section 124.

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation.

The official geographic name of Tauhara Recreation Reserve is discontinued in respect of the land and the Board must amend the Gazetteer accordingly.
15 In subsection (3), Board, Gazetteer, and official geographic name have the meanings given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

126 Waipapa Road Conservation Area (1) (2) (3) This section takes effect only if the Waipapa Road Conservation Area becomes a deferred selection property.
The transfer of the fee simple estate in the property does not take effect under section 124 until the trustees have provided the Taupo District Council with a registrable easement in gross to drain and convey water, to drain and convey stormwater, and to convey sewage in accordance with on the terms and condi- tions set out in part 8.18 of the documents schedule.
The Waipapa Road Conservation Area ceases to be a conservation area under the Conservation Act 1987 immediately before transfer of the fee simple estate in the property under section 124.
127 Computer freehold registers for commercial redress properties and deferred selection properties property (1) This section applies to each of the following properties that is to be transferred to the trustees under section 124: (a) a commercial redress property (other than licensed land): 20 25 30 35 (b) a the deferred selection property.
(2) However, this section applies only to the extent that— 81 Part 3 cl 128 Ngāti Tūwharetoa Claims Settlement Bill (a) the property is not all of the land contained in a computer freehold regis- ter; or (b) there is no computer freehold register for all or part of the property.
(3) The Registrar-General must, in accordance with a written application by an authorised person,— 5 (a) (b) create a computer freehold register for the fee simple estate in the prop- erty in the name of the Crown; and record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but (c) omit any statement of purpose from the computer freehold register.
10 (4) (5) Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.

In this section and sections 128 and 129, authorised person means a per- son authorised by the chief executive of the land holding agency for the rele- vant property.

128 Computer freehold register for licensed land (1) (2) This section applies to licensed land that is to be transferred to the trustees under section 124.
The Registrar-General must, in accordance with a written application by an authorised person,— (a) (b) create a computer freehold register in the name of the Crown for the fee simple estate in the property; and record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but 15 20 (c) omit any statement of purpose from the computer freehold register.
25 (3) Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.

129 Authorised person may grant covenant for later creation of computer freehold register (1) For the purposes of sections 127 and 128, the authorised person may grant a covenant for the later creation of a computer freehold register for any com- mercial redress property or deferred selection property.
30 (2) Despite the Land Transfer Act 1952,— (a) the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and 35 (b) the Registrar-General must comply with the request.

82 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 131 130 Application of other enactments (1) (2) This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property or deferred selection property.
The transfer is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

5 (3) The transfer does not— (a) (b) limit section 10 or 11 of the Crown Minerals Act 1991; or affect other rights to subsurface minerals.
(4) (5) (6) (7) (8) (9) The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to the transfer.

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or to any matter incidental to, or required for the purpose of, the transfer.
In exercising the powers conferred by section 124, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer.

Subsection (6) is subject to subsections (2) and (3).

The marginal strip reserved by section 24 of the Conservation Act 1987 from the transfer of Tauhara Recreation Reserve is reduced to a width of 3 metres.

The Registrar-General must record the reduction of the marginal strip on the computer freehold register.
131 Taurewa Station 10 15 20 25 (1) (2) (3) This section applies on and from the commencement date of this Act.

The chief executive of the Ministry of Justice is authorised to— (a) (b) accept, on behalf of her Majesty the Queen, a transfer of Taurewa Sta- tion from Landcorp Holdings Limited to Her Majesty the Queen; and sign the transfer instrument or other document, or do anything else, as necessary to effect the transfer.
30 For the purposes of the transfer of Taurewa Station under subsection (2), sec- tion 42 of the Land Act 1948 does not apply in relation to any computer free- hold register for Taurewa Station.

83 Part 3 cl 132 Ngāti Tūwharetoa Claims Settlement Bill Subpart 2—Licensed land 132 Licensed land ceases to be Crown forest land (1) The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.
(2) However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of regis- tration, be permitted by the Crown Forest Assets Act 1989 but be inconsistent with this subpart, part 9 of the deed of settlement, or part 3 6 of the property redress schedule.
5 133 Trustees are confirmed beneficiaries and licensors of licensed land 10 (1) (2) (3) The trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the licensed land.
The effect of subsection (1) is that— (a) the trustees are entitled to the rental proceeds payable for the licensed land to the trustees of the Crown forestry rental trust under the Crown forestry licence since the commencement of the licence; and (b) all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries in relation to the licensed land.
The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of the Crown forestry licence, even though the Waitangi Tribunal has not made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land.
(4) Notice given by the Crown under subsection (3) has effect as if— (a) the Waitangi Tribunal made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land; and (b) the recommendation became final on the settlement date.

15 20 25 (5) The trustees are the licensors under the Crown forestry licence as if the li- censed land were returned to Māori ownership— 30 (a) (b) on the settlement date; and under section 36 of the Crown Forest Assets Act 1989.
(6) However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the licensed land.

134 Effect of transfer of licensed land (1) Section 133 applies whether or not— 35 84 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 135 (a) (b) the transfer of the fee simple estate in the licensed land has been regis- tered; or the processes described in clause 17.4 of the Crown forestry licence have been completed.
To the extent that the Crown has not completed the processes referred to in subsection (1)(b) before the settlement date, it must continue those process- es— 5 (a) (b) on and after the settlement date; and until the processes are completed.
For the period starting on the settlement date and ending on the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in paragraphs 6.23 and 6.24 of part 6 of the property redress schedule.
(2) (3) (4) However, the calculation of the licence fee under subsection (3) is over- ridden by any agreement made by the trustees as licensor, the licensee, and the Crown.

(5) On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as references to the trustees.
Subpart 3—Access to protected sites 135 Right of access to protected sites (1) The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special cultural, historical, or spiritual significance to have access across the land to each protected site.

(2) The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
(3) The right of access is subject to the following conditions: (a) (b) (c) a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and the right of access may be exercised only at reasonable times and during daylight hours; and a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access that are reasonably required— (i) for the safety of people; or 85 10 15 20 25 30 35 Part 3 cl 136 Ngāti Tūwharetoa Claims Settlement Bill (ii) for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or (iii) for operational reasons.
136 Right of access over licensed land (1) A right of access over licensed land is subject to the terms of any Crown forest- 5 ry licence.

(2) However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised.

(3) An amendment to a Crown forestry licence is of no effect to the extent that it would— 10 (a) (b) delay the date from which a person may exercise a right of access; or adversely affect a right of access in any other way.
137 Right of access to be recorded on computer freehold register (1) (2) (3) This section applies to the transfer to the trustees of the licensed land.

The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.
15 The Registrar-General must, upon the registration of the transfer of the land, record on the computer freehold register for the land that the land is subject to a right of access to protected sites on the land.
Subpart 4—Right of first refusal over RFR land 20 138 Interpretation In this subpart and Schedule 5,— control, for the purposes of paragraph (d) of the definition of Crown body, means,— (a) (b) for a company, control of the composition of its board of directors; and 25 for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body means— (a) (b) (c) (d) a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and 30 a State enterprise, as defined in section 2 of the State-Owned Enterprises Act 1986; and the New Zealand Railways Corporation; and a company or body that is wholly owned or controlled by 1 or more of the following: 35 (i) the Crown: 86 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 138 (ii) (iii) (iv) a Crown entity: a State enterprise: the New Zealand Railways Corporation; and (e) a subsidiary or related company of a company or body referred to in paragraph (d) 5 dispose of, in relation to RFR land,— (a) means— (i) (ii) to transfer or vest the fee simple estate in the land; or to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but 10 (b) to avoid doubt, does not include— (i) (ii) (iii) to mortgage, or give a security interest in, the land; or to grant an easement over the land; or to consent to an assignment of a lease, or to a sublease, of the land; or 15 (iv) to remove an improvement, a fixture, or a fitting
 from the land expiry date, in relation to an offer, means its expiry date under sections 141(2)(a) and 142 notice means a notice given under this subpart 20 offer means an offer by an RFR landowner, made in accordance with section 141, to dispose of RFR land to the trustees public work has the meaning given in section 2 of the Public Works Act 1981 related company has the meaning given in section 2(3) of the Companies Act 1993 25 RFR area means the area shown on SO 513557 RFR landowner, in relation to RFR
 land,— (a) means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and (b) means a Crown body, if the body holds the fee simple estate in the land; 30 and (c) (d) includes a local authority to which RFR land has been disposed of under section 147(1); but to avoid doubt, does not include an administering body in which RFR land is vested— 35 (i) (ii) on the settlement date; or after the settlement date, under section 148(1) 87 Part 3 cl 139 Ngāti Tūwharetoa Claims Settlement Bill RFR period means the period of 174 years on and from the settlement date subsidiary has the meaning given in section 5 of the Companies Act 1993.
139 Meaning of RFR land (1) In this subpart, RFR land— (a) means the land that is within the RFR area, other than the land specified 5 in subsection (2), that on the settlement date— (i) is vested in the Crown; or (ii) (iii) is held in fee simple by the Crown; or is a reserve vested in an administering body that derived title to the reserve from the Crown that would, on the application of sec- tion 25 or 27 of the Reserves Act 1977, revest in the Crown; and (b) (c) includes any land obtained in exchange for a disposal of RFR land under section 152(1)(c) or 153; but does not include a commercial redress property.
(2) The land referred to in subsection (1)(a) is— any Collective RFR property; and (a) (b) (c) any Ngāti Tūrangitukua RFR property; and Part No 2 playing fields/Wairiki Bay of Plenty Polytechnic Campus, Horomatangi Street, Taupo.
(3) Land ceases to be RFR land if— (a) the fee simple estate in the land transfers from the RFR landowner to— (i) (ii) the trustees or their nominee (for example, under section 124 in the case of a the deferred selection property or under a contract formed under section 145); or any other person (including the Crown or a Crown body) under section 140(d); or (b) the fee simple estate in the land transfers or vests from the RFR land- owner to or in a person other than the Crown or a Crown body— 10 15 20 25 (i) (ii) under any of sections 149 to 155 (which relate to permitted disposals of RFR land); or 30 under any matter referred to in section 156(1) (which specifies matters that may override the obligations of an RFR landowner under this subpart); or (c) (d) the fee simple estate in the land transfers or vests from the RFR land- owner in accordance with a waiver or variation given under section 164; or the RFR period for the land ends.
35 88 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 141 (4) In this section,— CNI Forests Iwi Collective Deed means the Deed of Settlement of the Histor- ical Claims of CNI (Central North Island) Forests Iwi Collective to the Central North Island Forests Land, between the CNI (Central North Island) Forests Iwi Collective and the Crown, dated 25 June 2008 Collective RFR property means a property within the meaning of Collective RFR property in the CNI Forests Iwi Collective Deed Ngāti Tūrangitukua RFR property means a property described in section 5 of the Deed of Settlement between Her Majesty the Queen in right of New Zea- land and Ngāti Tūrangitukua dated 26 September 1998 Part No 2 playing fields/Wairiki Bay of Plenty Polytechnic Campus, Horo- matangi Street, Taupo means the property being 1.6192 hectares, more or less, being Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 Block XIX Town of Taupo.
All Gazette 1951, p 1840.
Restrictions on disposal of RFR land 140 Restrictions on disposal of RFR land An RFR landowner must not dispose of RFR land to a person other than the trustees or their nominee unless the land is disposed of— (a) (b) (c) under any of sections 146 to 155; or under any matter referred to in section 156(1); or in accordance with a waiver or variation given under section 164; or (d) within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees if the offer to the trustees was— 5 10 15 20 (i) made in accordance with section 141; and (ii) made on terms that were the same as, or more favourable to the 25 trustees than, the terms of the disposal to the person; and (iii) (iv) not withdrawn under section 143; and not accepted under section 144.
Trustees’ right of first refusal 141 Requirements for offer 30 (1) An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees.
(2) The notice must include— (a) (b) the terms of the offer, including its expiry date; and the legal description of the land, including any interests affecting it, and the reference for any computer register for the land; and 35 89 Part 3 cl 142 Ngāti Tūwharetoa Claims Settlement Bill (c) (d) a street address for the land (if applicable); and a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer.
142 Expiry date of offer (1) The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees receive notice of the offer.
5 (2) However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees receive notice of the offer if— (a) (b) the trustees received an earlier offer to dispose of the land; and 10 the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and (c) the earlier offer was not withdrawn.
143 Withdrawal of offer The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.

15 144 Acceptance of offer (1) The trustees may, by notice to the RFR landowner who made an offer, accept the offer if— (a) (b) it has not been withdrawn; and its expiry date has not passed.

20 (2) The trustees must accept all the RFR land offered, unless the offer permits them to accept less.
145 Formation of contract (1) (2) If the trustees accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the trustees on the terms in the offer.

25 The terms of the contract may be varied by written agreement between the RFR landowner and the trustees.

(3) Under the contract, the trustees may nominate any person (the nominee) to re- 30 ceive the transfer of the RFR land.
(4) The trustees may nominate a nominee only if— (a) (b) the nominee is lawfully able to hold the RFR land; and notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.

35 (5) The notice must specify— 90 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 149 (a) (b) the full name of the nominee; and any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
(6) If the trustees nominate a nominee, the trustees remain liable for the obliga- tions of the transferee under the contract.

5 Disposals to others but land remains RFR land 146 Disposal to the Crown or Crown bodies (1) An RFR landowner may dispose of RFR land to— (a) (b) the Crown; or a Crown body.

10 (2) To avoid doubt, the Crown may dispose of RFR land to a Crown body in ac- cordance with section 143(5) or 206 of the Education Act 1989.
147 Disposal of existing public works to local authorities (1) An RFR landowner may dispose of RFR land that is a public work or part of a public work, in accordance with section 50 of the Public Works Act 1981, to a local authority, as defined in section 2 of that Act.

15 (2) To avoid doubt, if RFR land is disposed of to a local authority under subsec- tion (1), the local authority becomes— (a) the RFR landowner of the land; and (b) subject to the obligations of an RFR landowner under this subpart.
20 148 Disposal of reserves to administering bodies (1) An RFR landowner may dispose of RFR land in accordance with section 26 or 26A of the Reserves Act 1977.

(2) To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become— (a) the RFR landowner of the land; or (b) subject to the obligations of an RFR landowner under this subpart.
(3) However, if RFR land vests back in the Crown under section 25 or 27 of the Reserves Act 1977, the Crown becomes— (a) (b) the RFR landowner of the land; and subject to the obligations of an RFR landowner under this subpart.

25 30 Disposals to others where land may cease to be RFR land 149 Disposal in accordance with obligations under enactment or rule of law An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
35 91 Part 3 cl 150 Ngāti Tūwharetoa Claims Settlement Bill 150 Disposal in accordance with legal or equitable obligations An RFR landowner may dispose of RFR land in accordance with— (a) a legal or an equitable obligation that— (i) was unconditional before the settlement date; or (ii) was conditional before the settlement date but became uncondi- 5 tional on or after the settlement date; or (iii) arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or (b) the requirements, existing before the settlement date, of a gift, an endow- ment, or a trust relating to the land.
10 151 Disposal under certain legislation An RFR landowner may dispose of RFR land in accordance with— (a) (b) (c) (d) section 54(1)(d) of the Land Act 1948; or section 34, 43, or 44 of the Marine and Coastal Area (Takutai Moana) Act 2011; or 15 section 355(3) of the Resource Management Act 1991; or an Act that— (i) (ii) excludes the land from a national park within the meaning of the National Parks Act 1980; and authorises that land to be disposed of in consideration or part con- sideration for other land to be held or administered under the Con- servation Act 1987, the National Parks Act 1980, or the Reserves Act 1977.
152 Disposal of land held for public works (1) An RFR landowner may dispose of RFR land in accordance with— (a) (b) (c) (d) (e) section 40(2) or (4) or 41 of the Public Works Act 1981 (including as ap- plied by another enactment); or section 52, 105(1), 106, 114(3), 117(7), or 119 of the Public Works Act 1981; or section 117(3)(a) of the Public Works Act 1981; or section 117(3)(b) of the Public Works Act 1981 if the land is disposed of to the owner of adjoining land; or section 23(1) or (4), 24(4), or 26 of the New Zealand Railways Corpor- ation Restructuring Act 1990.
To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an applica- tion by an RFR landowner under section 41(e) of the Public Works Act 1981.

(2) 92 20 25 30 35 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 156 153 Disposal for reserve or conservation purposes An RFR landowner may dispose of RFR land in accordance with— (a) (b) section 15 of the Reserves Act 1977; or section 16A or 24E of the Conservation Act 1987.
154 Disposal for charitable purposes 5 An RFR landowner may dispose of RFR land as a gift for charitable purposes.
155 Disposal to tenants The Crown may dispose of RFR land— (a) (b) that was held on the settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or 10 under section 67 of the Land Act 1948, if the disposal is to a lessee under a lease of the land granted— (i) (ii) before the settlement date; or on or after the settlement date under a right of renewal in a lease granted before the settlement date; or 15 (c) under section 93(4) of the Land Act 1948.
RFR landowner obligations 156 RFR landowner’s obligations subject to other matters (1) An RFR landowner’s obligations under this subpart in relation to RFR land are 20 subject to— (a) any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and (b) any interest or legal or equitable obligation— 25 (i) (ii) that prevents or limits an RFR landowner’s disposal of RFR land to the trustees; and that the RFR landowner cannot satisfy by taking reasonable steps; and (c) the terms of a mortgage over, or security interest in, RFR land.
30 (2) Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment.

93 Part 3 cl 157 Ngāti Tūwharetoa Claims Settlement Bill Notices about RFR land 157 Notice to LINZ of RFR land with computer register after settlement date (1) (2) (3) (4) If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
5 If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ no- tice that the land has become RFR land.

The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.

10 The notice must include the legal description of the land and the reference for the computer register.
158 Notice to trustees of disposal of RFR land to others (1) An RFR landowner must give the trustees notice of the disposal of RFR land by the landowner to a person other than the trustees or their nominee.

15 (2) The notice must be given on or before the date that is 20 working days before the day of the disposal.
(3) The notice must include— (a) (b) (c) (d) (e) (f) the legal description of the land, including any interests affecting it; and the reference for any computer register for the land; and the street address for the land (if applicable); and the name of the person to whom the land is being disposed of; and an explanation of how the disposal complies with section 140; and if the disposal is to be made under section 140(d), a copy of any writ- ten contract for the disposal.
20 25 159 Notice to LINZ of land ceasing to be RFR land (1) This section applies if land contained in a computer register is to cease being RFR land because— (a) the fee simple estate in the land is to transfer from the RFR landowner to— 30 (i) (ii) the trustees or their nominee (for example, under section 124 in the case of a the deferred selection property, or under a contract formed under section 145); or any other person (including the Crown or a Crown body) under section 140(d); or 35 (b) the fee simple estate in the land is to transfer or vest from the RFR land- owner to or in a person other than the Crown or a Crown body— 94 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 161 (i) (ii) under any of sections 149 to 155; or under any matter referred to in section 156(1); or (c) the fee simple estate in the land is to transfer or vest from the RFR land- owner in accordance with a waiver or variation given under section 164.
5 (2) The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.

(3) The notice must include— (a) (b) (c) the legal description of the land; and the reference for the computer register for the land; and the details of the transfer or vesting of the land.

160 Notice requirements Schedule 5 applies to notices given under this subpart by or to— (a) an RFR landowner; or (b) the trustees.
Right of first refusal recorded on computer registers 10 15 161 Right of first refusal to be recorded on computer registers for RFR land (1) The chief executive of LINZ must issue to the Registrar-General 1 or more cer- tificates that specify the legal descriptions of, and identify the computer regis- ters for,— 20 (a) (b) (c) the RFR land for which there is a computer register on the settlement date; and the RFR land for which a computer register is first created after the settlement date; and 25 land for which there is a computer register that becomes RFR land after the settlement date.
(2) The chief executive must issue a certificate as soon as is reasonably practic- able— (a) (b) after the settlement date, for RFR land for which there is a computer register on the settlement date; or 30 after receiving a notice under section 157 that a computer register has been created for the RFR land or that the land has become RFR land, for any other land.

(3) (4) Each certificate must state that it is issued under this section.
35 The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.
95 Part 3 cl 162 Ngāti Tūwharetoa Claims Settlement Bill (5) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is— (a) (b) RFR land, as defined in section 139; and subject to this subpart (which restricts disposal, including leasing, of the land).
5 162 Removal of notifications when land to be transferred or vested (1) The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 159, issue to the Registrar-General a certificate that includes— 10 (a) (b) (c) (d) the legal description of the land; and the reference for the computer register for the land; and the details of the transfer or vesting of the land; and a statement that the certificate is issued under this section.
The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.

15 If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notification recorded under section 161 for the land described in the cer- tificate.
(2) (3) 163 Removal of notifications when RFR period ends (1) The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes— (a) (b) the reference for each computer register for that RFR land that still has a notification recorded under section 161; and a statement that the certificate is issued under this section.
(2) (3) The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.

30 The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 161 from any computer register identified in the certificate.
General provisions applying to right of first refusal 164 Waiver and variation 35 The trustees may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart.

(1) 96 20 25 Ngāti Tūwharetoa Claims Settlement Bill Part 3 cl 166 (2) The trustees and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
(3) A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.

165 Disposal of Crown bodies not affected This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
166 Assignment of rights and obligations under this subpart (1) Subsection (3) applies if the RFR holder— (a) assigns the RFR holder’s rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder’s constitutional docu- ment; and (b) has given the notices required by subsection (2).
The RFR holder must give notices to each RFR landowner that— (2) 5 10 (a) (b) (c) (d) state that the RFR holder’s rights and obligations under this subpart are being assigned under this section; and 15 specify the date of the assignment; and specify the names of the assignees and, if they are the trustees of a trust, the name of the trust; and specify the street address, postal address, and fax number or electronic address for notices to the assignees.
20 (3) This subpart and Schedule 5 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees, with any necessary modifications.
(4) In this section,— constitutional document means the trust deed or other instrument adopted for the governance of the RFR holder 25 RFR holder means the 1 or more persons who have the rights and obligations of the trustees under this subpart, because— (a) (b) they are the trustees; or they have previously been assigned those rights and obligations under this section.
30 97 Part 4 cl 167 Ngāti Tūwharetoa Claims Settlement Bill Part 4 Other redress Subpart 1—Te Kōpua Kānapanapa Interpretation 167 Interpretation In this subpart, subparts 2 and 3, and Schedule 6, unless the context other- wise requires,— appointers means the trustees, the Waikato Regional Council, or the Taupo District Council, as the case may require elected council member means a member of a local authority within the meaning of paragraph (c) of the definition of member in section 5(1) of the Local Government Act 2002 hearing commissioner means a person accredited under section 39A of the Resource Management Act 1991 5 10 local authority means the Waikato Regional Council or the Taupo District Council, as the case may require 15 local government legislation means— (a) (b) (c) (d) the Local Authorities (Members’ Interests) Act 1968; and the Local Government Act 2002; and the Local Government Act 1974; and the Local Government Official Information and Meetings Act 1987 20 overlapped catchment area means the overlapped catchment area set out in the attachments register means the register of hearing commissioners referred to in section 182 25 RMA planning document— (a) means a regional policy statement, regional plan, or district plan within the meanings given in section 43AA of the Resource Management Act 1991; and (b) includes a proposed plan within the meaning of section 43AAC of that Act 30 Taupo Catchment means the Taupo Catchment area set out in part 2 of the at- tachments Te Kaupapa Kaitiaki means the document referred to in section 170(2)(b) Te Kōpua Kānapanapa means the entity established by section 168.
35 98 5 10 15 20 Ngāti Tūwharetoa Claims Settlement Bill Part 4 cl 169 Te Kōpua Kānapanapa established 168 Establishment of Te Kōpua Kānapanapa (1) This section establishes Te Kōpua Kānapanapa.

(2) Despite the membership of Te Kōpua Kānapanapa as described in section 172, Te Kōpua Kānapanapa is a joint committee of the Waikato Regional Council and Taupo District Council for the purposes of clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.
(3) Despite Schedule 7 of the Local Government Act 2002, Te Kōpua Kānapana- pa— (a) is a permanent committee; and (b) must not be discharged except with the unanimous agreement of all the appointers.
Purpose, functions, and powers of Te Kōpua Kānapanapa 169 Purpose of Te Kōpua Kānapanapa and Ngāti Tūwharetoa’s vision for Taupo Catchment (1) The purpose of Te Kōpua Kānapanapa is— to restore, protect, and enhance the environmental, cultural, and spiritual health and well-being of the Taupo Catchment for the benefit of Ngāti Tūwharetoa and all people in the Taupo Catchment (including future generations); and to provide strategic leadership on the sustainable and integrated manage- ment of the Taupo Catchment for the benefit of Ngāti Tūwharetoa and all people in the Taupo Catchment (including future generations); and (a) (b) (c) to enable Ngāti Tūwharetoa to exercise mana and kaitiakitanga over the Taupo Catchment, in partnership with the local authorities; and 25 (d) to give effect to the vision in Te Kaupapa Kaitiaki.
(2) In achieving its purpose, Te Kōpua Kānapanapa must— (a) (b) respect Ngāti Tūwharetoa tikanga; and provide for the relationship of Ngāti Tūwharetoa and their culture and traditions with their ancestral lands, water, geothermal resources, sites, wāhi tapu, and other taonga.

30 (3) Ngāti Tūwharetoa’s vision is for a healthy Taupo Catchment that is capable of sustaining the whole community and that is managed in a manner that reflects Ngāti Tūwharetoa tikanga.
(4) Ngāti Tūwharetoa’s vision is founded on the following principles derived from 35 tikanga: 99 Part 4 cl 170 Ngāti Tūwharetoa Claims Settlement Bill (a) (b) (c) (d) the principle of mauri: the health and well-being of the Taupo Catchment reflects and nourishes the health and well-being of Ngāti Tūwharetoa: the principle of mana: the active protection and restoration of the rela- tionship of Ngāti Tūwharetoa with the Taupo Catchment (including Ngā- ti Tūwharetoa’s mana whakahaere and kaitiaki role): 5 the principle of te whanake: the sustainable development of Ngāti Tū- wharetoa’s taonga, Ngāti Tūwharetoa, and the whole community: the principle of integrated management: the natural resources within the Taupo Catchment are interdependent and should be managed in an inte- grated manner.
10 170 Functions of Te Kōpua Kānapanapa (1) (2) The principal function of Te Kōpua Kānapanapa is to achieve its purpose.
Te Kōpua Kānapanapa has the following specific functions: (a) (b) (c) (d) (e) (f) (g) (h) (i) to promote the restoration, protection, and enhancement of the environ- mental, cultural, and spiritual well-being of the Taupo Catchment; and 15 to prepare and approve Te Kaupapa Kaitiaki in accordance with sub- part 2 of this Part and Part 2 of Schedule 6; and to monitor the implementation and effectiveness of Te Kaupapa Kaitiaki; and to advise local authorities and relevant agencies regarding projects, ini- tiatives, action, or research intended to restore, protect, or enhance the health and well-being of the Taupo Catchment; and 20 to support the integrated and collaborative management of the Taupo Catchment; and to support the integrated management of the Taupo Catchment with the management of the Waikato River and the Whanganui River; and 25 to engage with, seek advice from, and provide advice to local authorities and relevant agencies on matters relating to the health and well-being of the Taupo Catchment; and to establish and maintain a register of accredited hearing commissioners; and 30 to participate in any statutory or non-statutory process that concerns or has implications for the health and well-being of the Taupo Catchment, including by making submissions on planning or resource consent pro- cesses under the Resource Management Act 1991; and 35 (j) to take any other action that Te Kōpua Kānapanapa considers appropri- ate to achieving its purpose.
100 Ngāti Tūwharetoa Claims Settlement Bill Part 4 cl 173 (3) Te Kōpua Kānapanapa has discretion in any particular circumstance as to whether, how, and to what extent, it will perform any function specified in sub- section (2).
171 General powers of Te Kōpua Kānapanapa (1) Te Kōpua Kānapanapa has all the powers reasonably necessary to carry out its functions— 5 (a) (b) in accordance with this subpart and subparts 2 and 3 and Schedule 6; and subject to paragraph (a), in accordance with local government legis- lation.

10 (2) Te Kōpua Kānapanapa may perform any function of a local authority if and to the extent that that function has been delegated to it by a local authority.
Members 172 Appointment of members of Te Kōpua Kānapanapa (1) Te Kōpua Kānapanapa consists of 8 members appointed as follows: 15 (a) (b) (c) 4 members appointed by the trustees: 2 members appointed by the Waikato Regional Council: 2 members appointed by the Taupo District Council.

(2) When making their appointments, the trustees must have regard to achieving representation from throughout the Taupo Catchment.
20 (3) (4) The trustees must appoint 1 member from a shared hapū of Ngāti Raukawa and Ngāti Tūwharetoa.

Each member appointed by a local authority must be an elected council mem- ber of that authority.
(5) In appointing a member to Te Kōpua Kānapanapa, an appointer must— 25 (a) be satisfied that the person has the skills, knowledge, and experience to— (i) (ii) participate effectively in Te Kōpua Kānapanapa; and contribute to achieving the purpose of Te Kōpua Kānapanapa; and (b) have regard to the skills of any members already appointed, or to be ap- pointed, to Te Kōpua Kānapanapa to ensure that the membership reflects a balanced mix of knowledge and experience in relation to the Taupo Catchment.
173 Duties of members (1) Each member of Te Kōpua Kānapanapa must— (a) seek to achieve the purpose of Te Kōpua Kānapanapa; and 30 35 101 Part 4 cl 174 Ngāti Tūwharetoa Claims Settlement Bill (b) without limiting paragraph (a), comply with the terms of appointment issued by the relevant appointer.

(2) Part 1 of Schedule 6 has effect according to its terms.
174 Validity of acts not affected Nothing done by Te Kōpua Kānapanapa is invalid because of— (a) (b) a vacancy in the membership of Te Kōpua Kānapanapa at the time the thing was done; or the subsequent discovery of a defect in the appointment of a person as a member.
Term of Te Kōpua Kānapanapa 175 Term of appointment of members (1) A member of Te Kōpua Kānapanapa— (a) is appointed for a term of 3 years commencing on the 60th day after the polling day for the most recent triennial local government election unless the member resigns, is removed from office by the appointer of that member, or otherwise vacates office; and (b) may be reappointed.
(2) Despite subsection (1), the term of office of the first members of Te Kōpua Kānapanapa— (a) (b) commences on the settlement date; and ends on the 59th day after the polling day for the next triennial local government election following the settlement date.

5 10 15 20 176 Advisers and persons who may attend meetings of Te Kōpua Kānapanapa (1) Te Kōpua Kānapanapa may appoint 1 or more kaumatua or kuia who are know- ledgeable in tikanga to attend meetings and provide advice as required.
25 (2) Te Kōpua Kānapanapa may seek advice or guidance from— (a) (b) (c) (d) a person or an organisation with relevant skills, knowledge, or attributes to assist Te Kōpua Kānapanapa to perform its functions; and a representative of a particular Ngāti Tūwharetoa hapū in respect of mat- ters that are relevant to the area in which that hapū has or have mana whenua or mana moana; and a representative of Ngāti Rangi in respect of matters that are relevant to an overlapped catchment area between Ngāti Rangi and Ngāti Tūwhare- toa; and a representative of the Ngāti Raukawa Settlement Trust in respect of matters that are relevant to an overlapped catchment area between Ngāti Raukawa and Ngāti Tūwharetoa.
30 35 102 Ngāti Tūwharetoa Claims Settlement Bill Part 4 cl 177 (3) A person or an organisation referred to in subsection (2)(a) or a representa- tive referred to in subsection (2)(b) or (d) may attend a meeting of Te Kōpua Kānapanapa at the invitation of Te Kōpua Kānapanapa.

(4) A representative of Ngāti Rangi may attend a meeting of Te Kōpua Kānapana- pa at any time.
5 (5) A representative of the Department of Conservation may attend a meeting of Te Kōpua Kānapanapa at which a matter of interest to the Department will be discussed.

(6) A person who attends a meeting of Te Kōpua Kānapanapa by virtue of sub- section (1), (2), (3), (4), or (5) does not have a vote at the meeting.
10 Subpart 2—Te Kaupapa Kaitiaki 177 Te Kaupapa Kaitiaki (1) (2) (3) (4) The purpose of Te Kaupapa Kaitiaki is to identify the matters described in sub- section (2) in order to— (a) promote the sustainable and integrated management of the Taupo Catch- ment environment for the benefit of Ngāti Tūwharetoa and all people in the Taupo Catchment (including future generations); and (b) (c) provide for the relationship of Ngāti Tūwharetoa and their culture and traditions with their ancestral lands, water, sites, geothermal resources, wāhi tapu, and other taonga; and respect Ngāti Tūwharetoa tikanga in the management of the Taupo Catchment.
The matters referred to in subsection (1) are— (a) the vision, objectives, desired outcomes, and values for the Taupo Catch- ment: (b) (c) any significant issues for the Taupo Catchment: any other matters relevant to the Taupo Catchment.

Te Kaupapa Kaitiaki must not contain rules or other methods.
In preparing and approving Te Kaupapa Kaitiaki, Te Kōpua Kānapanapa may consider any of the following, to the extent that it is relevant to the purpose of Te Kaupapa Kaitiaki: 15 20 25 30 (a) (b) any information or document: any enactment.

(5) Part 2 of Schedule 6 has effect according to its terms.
103 Part 4 cl 178 Ngāti Tūwharetoa Claims Settlement Bill Obligations of local authorities and Environmental Protection Authority in relation to Te Kaupapa Kaitiaki 178 Obligations of local authority in relation to RMA planning documents (1) A local authority must recognise and provide for the vision, objectives, desired outcomes, and values of Te Kaupapa Kaitiaki each time the authority— 5 (a) (b) prepares an RMA planning document; or reviews or varies an RMA planning document.
(2) A local authority must comply with subsection (1)— (a) (b) (c) to the extent that the RMA planning document relates to resource man- agement issues in the Taupo Catchment; and 10 to the extent that Te Kaupapa Kaitiaki is relevant to the RMA planning document; and in a manner that is consistent with the purpose of the Resource Manage- ment Act 1991.
179 Effect of Te Kaupapa Kaitiaki on RMA planning documents and resource 15 consent applications (1) This section applies to the Environmental Protection Authority or a local au- thority when deciding or processing an application for a resource consent or a review of the conditions of a resource consent if the resource consent relates to an activity listed in section 181(1)(b)(i) to (vi).
(2) Until the local authority has complied with its obligations under section 178 in relation to RMA planning documents, the Environmental Protection Author- ity or local authority must have particular regard to Te Kaupapa Kaitiaki.
180 Obligations of local authority in relation to long-term and annual plans under Local Government Act 2002 A local authority must, when preparing or approving any long-term or annual plan under the Local Government Act 2002, have particular regard to Te Kau- papa Kaitiaki to the extent that its content is relevant to any matter covered by the plan.
Subpart 3—Hearing commissioners 20 25 30 181 Application (1) This subpart applies to any application under the Resource Management Act 1991 for a resource consent or for a review of the conditions of a resource con- sent if the resource consent— (a) has been, or is to be, notified in accordance with the Resource Manage- ment Act 1991; and 35 (b) relates to 1 or more of the following activities: 104 Ngāti Tūwharetoa Claims Settlement Bill Part 4 cl 183 (i) (ii) (iii) (iv) using land in the Taupo Catchment: taking heat or energy from water in the Taupo Catchment: taking heat or energy from the material surrounding geothermal water in the Taupo Catchment: taking, using, damming, or diverting water in the Taupo Catch- ment: 5 (v) making a point source discharge to Lake Taupo or its tributaries: (vi) any activity listed in section 13(2A) of the Resource Management Act 1991 in relation to Lake Taupo or its tributaries: (vii) any activity that the relevant authority considers appropriate for 10 this subpart to apply to.
(2) In this subpart, relevant authority means— (a) (b) a Minister who appoints a board of inquiry under Part 6AA of the Re- source Management Act 1991; or a local authority that appoints 1 or more hearing commissioners for the purposes of Part 6 of the Resource Management Act 1991.

15 182 Register of hearing commissioners (1) (2) Te Kōpua Kānapanapa may develop and maintain a register of hearing com- missioners to hear and determine applications to which this subpart applies.
If Te Kōpua Kānapanapa develops a register, it must ensure that the register in- cludes persons with skills, knowledge, and experience across a range of discip- lines, including knowledge of tikanga and knowledge of the Taupo Catchment.

20 183 Appointment of hearing commissioners by relevant authority (1) (2) The relevant authority must, on receipt of an application to which this subpart applies, inform Te Kōpua Kānapanapa of the application.
25 If the relevant authority decides, in accordance with the Resource Management Act 1991, to appoint hearing commissioners to hear the application, the Au- thority— (a) must have particular regard to any register developed under section 182; and (b) may appoint 1 or more hearing commissioners listed on the register; and (c) must be guided by the need for the hearing commissioner to have the ap- propriate skills, knowledge, and experience, including an appropriate knowledge of tikanga; and (d) must be guided, if more than 1 hearing commissioner is appointed, by the need for the hearing panel to have an appropriate range of skills, knowledge, and experience; and 30 35 105 Part 4 cl 184 Ngāti Tūwharetoa Claims Settlement Bill (e) must, if the relevant authority is a Minister appointing a board of inquiry under Part 6AA of the Resource Management Act 1991, comply with the requirements of sections 149J and 149K of that Act.
(3) The relevant authority must, if requested by Te Kōpua Kānapanapa, provide Te Kōpua Kānapanapa with a written explanation of— 5 (a) the reasons why it appointed a hearing commissioner in relation to a par- ticular application; and (b) how the authority has complied with subsection (2).
Subpart 4—Rangitaiki River Forum and Hawke’s Bay Regional Planning Committee 10 184 Membership of Rangitaiki River Forum (1) On the settlement date, the following appointments may be made to the mem- bership of the Rangitaiki River Forum: (a) (b) the trustees may appoint 1 person; and the Bay of Plenty Regional Council may appoint 1 person (who must be an elected council member of that council).
15 (2) (3) The Rangitaiki River Forum is the same body as the Rangitaiki River Forum established by section 104 of the Ngāti Manawa Claims Settlement Act 2012 and section 108 of the Ngāti Whare Claims Settlement Act 2012.
Subsection (1) applies despite the composition of the Rangitaiki River Forum 20 provided for by section 108 of the Ngāti Manawa Claims Settlement Act 2012, section 112 of the Ngāti Whare Claims Settlement Act 2012, section 50 of the Tūhoe Claims Settlement Act 2014, and section 68 of the Hineuru Claims Settlement Act 2016.
(4) All the provisions relating to the Rangitaiki River Forum set out in the Ngāti Manawa Claims Settlement Act 2012 and in the Ngāti Whare Claims Settle- ment Act 2012 apply to the appointment of a member by the trustees as if that member were appointed under those Acts.

25 185 Hawke’s Bay Regional Planning Committee Act 2015 amended (1) (2) This section amends the Hawke’s Bay Regional Planning Committee Act 2015.
30 In section 4(1), repeal the definition of trustees of the Ngati Tuwharetoa Hapu Forum Trust.

(3) In section 4(1), insert in its appropriate alphabetical order: Te Kotahitanga o Ngāti Tūwharetoa means the trustees of the trust of that name established by a trust deed dated 11 April 2017 35 (4) In section 11(1)(d), replace “Ngati Tuwharetoa Hapu Forum Trust” with “Te Kotahitanga o Ngāti Tūwharetoa”.
106 Ngāti Tūwharetoa Claims Settlement Bill Part 4 cl 187 Subpart 5—Taonga tūturu 186 Interpretation In this subpart, unless the context otherwise requires— Accord area means the area set out in OTS-575-51 as shown in part 2 of the attachments 5 chief executive means the chief executive of the department that, the authority of the Prime Minister, is responsible for the administration of the Protected Ob- jects Act 1975 overlapping areas of interest means the areas identified as overlapping areas of interest in OTS-575-52 as shown in part 2 of the attachments 10 trust means a charitable trust that— (a) (b) before settlement date, must be established by trust deed with its trustees appointed in accordance with clause 7.10.2 of the deed of settlement; and on settlement date, is responsible for establishing and managing a whare taonga for taonga tūturu to which section 187 applies 15 trustees means the trustees of the trust.
187 Taonga tūturu (1) This section applies to— (a) taonga tūturu that, on or after the settlement date, is found within the Ac- cord area; and 20 (b) taonga tūturu that,— (i) (ii) is identified by the chief executive as being of Ngāti Tūwharetoa in origin; and on or after the settlement date, is found anywhere else in New 25 Zealand or within its territorial waters.

(2) (3) (4) This section does not apply to taonga tūturu that is found in a customary mar- ine title area.
The taonga tūturu must, until the ownership of taonga tūturu is determined under the Protected Objects Act 1975, be held in the interim custody of the trustees in accordance with any conditions agreed between the chief executive and the trustees.

If any taonga tūturu is provided to the trustees, the trustees must notify the chief executive in accordance with section 11(3) of the Protected Objects Act 1975 of the receipt of the taonga tūturu.
30 35 (5) Despite subsection (3), if the chief executive considers, in his or her discre- tion, that it would be more appropriate in the circumstances for the taonga tū- 107 Part 4 cl 188 Ngāti Tūwharetoa Claims Settlement Bill turu to be held in accordance with other arrangements (for example, where conservation treatment is required), the chief executive— (a) must notify the trustees in writing in accordance with subsection (6); and (b) must decide the arrangements for the taonga tūturu, after having regard 5 to the views of the trustees; and (c) must inform the trustees in writing of the final arrangements for the taonga tūturu.
(6) The notice referred to in subsection (5) must— (a) set out the proposed arrangements for the taonga tūturu; and (b) (c) (d) give reasons for the proposed arrangements; and seek the views of the trustees on how to best identify the appropriate cul- tural protection for the taonga tūturu; and inform the trustees of their right to apply directly to the Maori Land Court to exercise its jurisdiction under section 12 of the Protected Ob- jects Act 1975 in relation to the taonga tūturu.
(7) The chief executive must inform the trustees in writing of any application to the Maori Land Court by any other person for the determination of any claim, whether at law or in equity, to the actual or traditional ownership, rightful pos- session, or custody of any taonga tūturu or to any right, title, estate, or interest in the taonga tūturu.
10 15 20 188 Trustees must inform interested iwi (1) The trustees must inform any interested iwi of— (a) any taonga tūturu to which section 187 applies that the trustees hold or have received; and 25 (b) any arrangements under section 187 for the taonga tūturu.
(2) In this section, interested iwi means any iwi that the trustees, after having re- gard to the overlapped areas of interest and any matters that the trustees consid- er relevant, consider should be informed of the matters described in subsec- tion (1).
30 Subpart 6—Conservation management strategy affecting Manaaki Whenua Tūwharetoa 189 Interpretation In this subpart, unless the context otherwise requires,— conservation management strategy means a conservation management strat- egy approved or proposed to be approved under section 17F of the Conserva- tion Act 1987 35 108 Ngāti Tūwharetoa Claims Settlement Bill Part 4 cl 191 Director-General means the Director-General of Conservation Manaaki Whenua Tūwharetoa— (a) means the area within the Ngāti Tūwharetoa area of interest that is shown in part 2 of the attachments; and (b) includes any identified area that is part of the Manaaki Whenua Tūwhar- etoa under section 191 5 Ngāti Tūwharetoa area of interest means the area identified in part 1 of the attachments relevant mandated iwi representative or governance entity means, in rela- tion to a conservation management strategy referred to in section 190(1), an iwi or governance entity that has an interest in or is likely to be affected by the strategy or proposed changes to or review of the strategy.
10 190 Director-General and trustees jointly responsible for conservation management strategy affecting Manaaki Whenua Tūwharetoa (1) (2) (3) (4) This section applies to any conservation management strategy that applies (whether wholly or in part) to the Manaaki Whenua Tūwharetoa.
15 The trustees and the Director-General are, despite sections 17D and 17F of the Conservation Act 1987, jointly responsible for preparing, amending, or review- ing the conservation management strategy— (a) (b) only to the extent that it applies to the Manaaki Whenua Tūwharetoa; and 20 in accordance with values that the trustees have developed with the De- partment of Conservation.
For the purpose of subsection (2), sections 17D and 17F of the Conservation Act 1987 apply as if each reference to those sections to the Director-General were a reference to the Director-General and Ngāti Tūwharetoa.

25 The Director-General must notify the trustees in writing if he or she intends to prepare, amend, or review a conservation management strategy for an area that relates to the Manaaki Whenua Tūwharetoa.
191 Future extension of Manaaki Whenua Tūwharetoa to include identified 30 area (1) The trustees may, within 3 months of receiving notice under section 190(4) in respect of a conservation management strategy, propose to the Director- General that an additional area (the identified area) be included in the Manaa- ki Whenua Tūwharetoa— 35 (a) to enable the trustees to have joint responsibility with the Director- General in preparing, amending, or reviewing the conservation manage- ment strategy for that area; and 109 Part 4 cl 192 Ngāti Tūwharetoa Claims Settlement Bill (b) to the extent that the strategy applies to the Ngāti Tūwharetoa area of in- terest.
(2) Subsection (3) applies only if the trustees have— (a) satisfied the Director-General that the trustees have, in relation to the identified area, obtained the written agreement of any relevant mandated iwi representative or governance entity that the trustees and the Director- General should have joint responsibility in respect of the conservation management strategy as described in subsection (1)(a); and given the Director-General a report setting out the process that was fol- lowed in identifying and consulting any relevant mandated iwi represen- tative or governance entity; and given the Director-General evidence of the agreement referred to in paragraph (a) and any necessary information that the Director-General has requested for the purpose of paragraph (b).
(3) If the Director-General is satisfied that the requirements of subsection (2) have been met and considers that the identified area could reasonably be con- sidered to be part of the Manaaki Whenua Tūwharetoa, the Director-General must give notice in the Gazette— (b) (c) (a) (b) of the area of the Manaaki Whenua Tūwharetoa (including the identified area); and 20 that the trustees and the Director-General are jointly responsible for pre- paring, amending, or reviewing, as the case may be, a conservation man- agement strategy— (i) (ii) that relates to any area within the Manaaki Whenua Tūwharetoa as described under paragraph (a); and to the extent that that area is within the Manaaki Whenua Tūwhar- etoa.
192 Minister and trustees jointly responsible under section 17F of Conservation Act 1987 The trustees and the Minister are jointly responsible for carrying out the Minis- ter’s functions under section 17F of the Conservation Act 1987 in respect of any conservation management strategy that applies (whether wholly or in part) to the Manaaki Whenua Tūwharetoa.

Subpart 7—Conservation Act 1987 amended 193 Conservation Act 1987 amended This section amends the Conservation Act 1987.
Replace section 6P(5)(a) with: (a) not more than 10 persons appointed under subsection (2); and (1) (2) 110 5 10 15 25 30 35 Ngāti Tūwharetoa Claims Settlement Bill Part 4 cl 195 (3) In section 6P(5)(b), after “Minister”, insert “; and”.

(4) After section 6P(5)(b), insert: (c) 1 person nominated by the trustees of Te Kotahitanga o Ngāti Tūwhare- toa.
(5) After section 6P(5), insert: (5A) The Minister must, before making an appointment under subsection (2) to the Board whose area of jurisdiction includes Tongariro National Park, also have regard to any endorsement by the trustees of Te Kotahitanga o Ngāti Tūwhare- toa of a person to be a member of the Board.

Subpart 8—Trout Centre property 5 10 194 Interpretation In this subpart, Trout Centre property means the land described in Schedule 4.
195 Trout Centre property (1) (2) (3) (4) The Trout Centre property is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

15 The Tongariro Trout Hatchery and Freshwater Ecology Centre Trust is the ad- ministering body of the reserve, and the Reserves Act 1977 applies to the re- serve as if the reserve were vested in that trust under section 26 of that Act.
To avoid doubt, subsection (2) is not a disposition for the purposes of Part 4A of the Conservation Act 1987.
20 Subsections (1) and (2) do not take effect until the trustees of the Tongariro Trout Hatchery and Freshwater Ecology Centre Trust— (a) (b) (c) (d) have provided the Crown with a licence to occupy on the terms and con- ditions set out in part 8 8.8 of the documents schedule; and 25 have provided the Tongariro National Trout Centre Society Incorporated with a licence to occupy on the terms and conditions set out in part 8 8.9 of the documents schedule; and have provided the Tongariro National Trout Centre Society Incorporated with a registrable lease in relation to the Te Kōwhai property on the terms and conditions set out in part 8 8.10 of the documents schedule; and have provided the Tongariro National Trout Centre Society Incorporated with a registrable easement for a right of way on the terms and condi- tions set out in part 8 8.11 of the documents schedule; and 30 35 (e) are incorporated as a board under the Charitable Trusts Act 1957.
(5) Despite the provisions of the Reserves Act 1977, the lease, the licences to oc- cupy, and the easement— 111 Part 4 cl 196 Ngāti Tūwharetoa Claims Settlement Bill (a) (b) are enforceable in accordance with their terms; and are to be treated as having been granted in accordance with the Reserves Act 1977.
196 Interests in land for Trout Centre property (1) (2) This section applies to all or the part of the Trout Centre property that remains a reserve under the Reserves Act 1977 (the reserve land), but only while the reserve land has an administering body that is treated as if the land were vested in it.
If the Trout Centre property is affected by an interest in land that is listed for the property in Schedule 4, the interest applies as if the administering body were the grantor, or the grantee, as the case may be, of the interest in respect of the property.

(3) Any interest in land that affects the Trout Centre property must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the Trout Centre property.
197 Interests that are not interests in land (1) (2) (3) This section applies if the Trout Centre property is subject to an interest (other than an interest in land) that is listed for the property in Schedule 4 and for which there is a grantor, whether or not the interest also applies to land outside the Trout Centre property.

The interest applies as if the owners of the Trout Centre property were the grantor of the interest in respect of the property, except to the extent that sub- section (3) applies.
If all or part of the Trout Centre property is reserve land to which section 196 applies, the interest applies as if the administering body of the reserve land were the grantor of the interest in respect of the reserve land.
(4) The interest applies— (a) until the interest expires or is terminated, but any subsequent transfer of the Trout Centre property must be ignored in determining whether the interest expires or is or may be terminated; and (b) with any other necessary modifications; and (c) despite any change in status of the land in the property.
198 Registration of ownership of Trout Centre property (1) The Registrar-General must, on written application by a person authorised by the Director-General,— 35 (a) create a computer freehold register for the fee simple estate in the Trout Centre property in the name of the Crown; and 112 Ngāti Tūwharetoa Claims Settlement Bill Part 4 cl 201 (b) record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
(2) (3) The Registrar-General must record on the computer freehold register that the land is subject to section 196(3).

Subsection (1) is subject to the completion of any survey necessary to create a computer freehold register.

(4) A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than 24 months after the settlement date.
199 Matters to be removed from computer freehold register (1) If the reservation of the Trout Centre property under this subpart is revoked for— (a) (b) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notification that the property is subject to section 196(3): part of the property, the Registrar-General must ensure that the notifica- tion referred to in paragraph (a) remains only on the computer free- hold register for the part of the property that remains a reserve.
5 10 15 (2) The Registrar-General must comply with an application received in accordance with subsection (1)(a).

20 200 Application of other enactments (1) This section applies to the Trout Centre property while the property— (a) has an administering body that is treated as if the property were vested in it; and (b) remains a reserve under the Reserves Act 1977.
(2) Despite section 25 of the Reserves Act 1977, if the reservation of the Trout Centre property under that Act is revoked, the Public Works Act 1981 con- tinues to apply to the property.

(3) (4) The Trout Centre property must not have a name assigned to it or have its name changed under section 16(10) of the Reserves Act 1977 without the written consent of the administering body, and section 16(10A) of that Act does not apply to the proposed name.
The Trout Centre property is not a Crown protected area under the New Zea- land Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 despite any- thing in that Act.

25 30 35 201 Taupo Fishery Regulations 2004 amended (1) This section amends the Taupo Fishery Regulations 2004.
(2) After regulation 38(3), insert: 113 Part 5 cl 202 Ngāti Tūwharetoa Claims Settlement Bill (4) Despite anything to the contrary in these regulations, a person who has the pri- or written authority of Te Kotahitanga o Ngāti Tūwharetoa may for cultural purposes— (a) take trout from a designated raceway at the Tongariro National Trout Centre at any time; and 5 (b) have that trout in his or her possession.
(5) In subclause (4),— cultural purposes— (a) includes significant Ngāti Tūwharetoa hui, tangi, and other occasions; but 10 (b) does not include any commercial purpose designated raceway means a raceway designated by the Director-General or his or her appointee Te Kotahitanga o Ngāti Tūwharetoa has the meaning given to it by section 12 of the Ngāti Tūwharetoa Claims Settlement Act 2017.
15 Part 5 Consequential revocations 202 Taupo Landing Reserve Regulations 1938 revoked The Taupo Landing Reserve Regulations 1938 (SR 1938/156) are revoked.

203 Tongariro Hatchery Anglers’ Camping Ground Regulations 1954 revoked 20 The Tongariro Hatchery Anglers’ Camping Ground Regulations 1954 (p 1994 New Zealand Gazette) are revoked.
114 Ngāti Tūwharetoa Claims Settlement Bill Schedule 1 Schedule 1 Statutory areas and geothermal fields Part 1 Statutory areas Rivers s 28 5 Statutory area Waiotaka River and its tributaries Rangitāiki River and its tributaries within the Ngāti Tūwharetoa area of interest Waikato River and its tributaries within the Ngāti Tūwharetoa area of interest Location As shown on OTS-575-47 As shown on OTS-575-42 As shown on OTS-575-46 Statutory area Lake Rotokawa Lake Te Whaiau Lake Otamangakau Statutory area Titiraupenga Mountain Pureora Mountain Lakes Mountains Part 2 Geothermal fields Geothermal fields Tokaanu-Waihi-Hipaua geothermal field Horomatangi geothermal field Wairakei-Tauhara geothermal field Rotokawa geothermal field Location As shown on OTS-575-39 As shown on OTS-575-40 As shown on OTS-575-38 Location As shown on OTS-575-44 As shown on OTS-575-41 10 Location As shown on OTS-575-45 As shown on OTS-575-37 As shown on OTS-575-48 As shown on OTS-575-43 115 Schedule 2 Ngāti Tūwharetoa Claims Settlement Bill s 49 Description South Auckland Land District— Ruapehu and Taupo Districts 23105 hectares, approximately, being Part Tihoi 3B8B5B, Section 1 Block Marotiri Survey District, Section 5 and Part Section 3 Block V Marotiri Survey District, Part Pouakani B9A, Part Section 1 Block IV Hurakia Survey District, Part Section 1 Block VIII Hurakia Survey District, Section 1 Block XII Hurakia Survey District, Sections 1 and 2 Block XVI Hurakia Survey District, Part Maraeroa A2, Part Waihaha 1, Waihaha 2, Waihaha 3A, Part
 Hauhungaroa 2D2, Part Hauhungaroa 9, Section 1 Block III Puketapu Survey District, Section 1 Block IV Puketapu Survey District and Section 1 Block VII Puketapu Survey District.
2447 hectares, approximately, being Section 1 and Part Section 2 Block XIV Puketapu Survey District, Parts Section 1 Block XV Puketapu Survey District and Part Section 4 Block III Maungaku Survey District.

South Auckland Land District— Ruapehu and Taupo Districts 3315 hectares, approximately, being Part Hauhungaroa 2D2, Part Hauhungaroa 9, Hauhungaroa 10 and Hauhungaroa 11.
Schedule 2 Overlay sites Overlay area site Part Pureora Forest Park within the Ngāti Tūwharetoa area of interest Location As shown on OTS-575-35 Whenuakura As shown on OTS-575-36 116 Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Schedule 3 Cultural redress properties ss 68, 107–109 Name of property Aratiatia site A Properties vested in fee simple Description South Auckland Land District— Taupo District 40.0000 hectares, more or less, being Section 1 SO 381263.
Part Gazette 1887, p 675, and part Gazette 1886, p 778.

Aratiatia site B South Auckland Land District— Taupo District 59.6000 hectares, more or less, being Section 2 SO 381263.

Part Gazette 1887, p 675, and part Gazette 1886, p 778.

Five Mile Bay site A South Auckland Land District— Taupo District 8.60 hectares, approximately, being Part Section 1 SO 59452.

Part Gazette 1994, p 1411.

Subject to survey.


Interests Subject to a lease in favour of Contact Energy Limited embodied in computer interest register 370401 and unregistered sublease in favour of Kiwitahi Trust.

Subject to an encumbrance embodied in computer interest register 549545.

Subject to a deed of easement embodied in computer interest register 549546, and varied by instrument 8702593.7.
Subject to exemption from section 24 of the Conservation Act 1987 while Contact Energy Limited has an interest in the land by Gazette notice 8702593.8.

Subject to an encumbrance embodied in computer interest register 549545.

Subject to a deed of easement embodied in computer interest register 549546 and varied by instrument 8702593.7.

Subject to exemption from section 24 of the Conservation Act 1987 while Contact Energy Limited has an interest in the land by Gazette notice 8702593.8.
Subject to an unregistered grazing permit in favour of Kiwitahi Trust (dated 1 April 2014).

Subject to a deed of easement embodied in computer interest register 752770.

Subject to an easement in gross in favour of Contact Energy Limited for the reinjection well and pipeline contained in instrument 9689785.2.

Subject to an unregistered concession (permit) with concession number TW-31100- SSE to Taupo Half Marathon Society Incorporated.
117 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description As shown on OTS-575-06.

8.6000 hectares, more or less, being Section 1 SO 517278.

Part Gazette 1994, p 1411.

Five Mile Bay site C 118 South Auckland Land District— Taupo District 20.98 hectares, approximately, being Part Section 1 SO 59452.

Part Gazette 1994, p 1411.

Subject to survey.

0.0041 hectares, more or less, being Lot 313 DP 356786.

All computer freehold register 234767.


0.0241 hectares, more or less, being Lot 314 DP 356786.

All computer freehold register 234768.

As shown on OTS-575-08.

Interests Subject to an unregistered concession (permit) with concession number 38889-SSE to Lake Taupo Cycle Challenge.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to the building height covenant referred to in section 72(3).

Subject to an unregistered concession (permit) with concession number TW-31100- SSE to Taupo Half Marathon Society Incorporated.
Subject to an unregistered concession (permit) with concession number 38889-SSE to Lake Taupo Cycle Challenge.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description 21.0000 hectares, more or less, being Section 3 SO 517278.

Part Gazette 1994, p 1411 and all computer freehold registers 23467 and 23468.

Interests FAU to Wildland Consultants Limited.


Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.
Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.
Subject to section 3 of the Geothermal Energy Act 1953 (affects the land formerly held in computer freehold registers 234767 and 234768).

Subject to section 8 of the Atomic Energy Act 1945 (affects the land formerly held in computer freehold registers 234767 and 234768).

Subject to section 3 of the Petroleum Act 1937 (affects the land formerly held in computer freehold registers 234767 and 234768).
Subject to sections 5 and 261 of the Coal Mines Act 1979 (affects the land formerly held in computer freehold registers 234767 and 234768).

Subject to sections 6 and 8 of the Mining Act 1971 (affects the land formerly held in computer freehold registers 234767 and 234768).

119 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Hautū property Description Wellington Land District—Taupo District 49.9194 hectares, more or less, being Sections 1 and 2 SO 489928.
All computer freehold register 768840.

0.2942 hectares, more or less, being Section 3 SO 489928.

Part Gazette notice 643292.

Interests Subject to an unregistered deed of lease for airfield purposes to Taupo District Council (dated 21 April 2010) (affects Section 1 SO 489928).

Subject to an unregistered licence to occupy from Taupo District Council to Turangi Aero Club (affects Section 1 SO 489928).
Subject to an unregistered grazing permit to Bryan Lawrance (dated 9 February 2015) (affects Sections 1 and 2 SO 489928).

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited (affects Section 3 SO 489928).

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink (affects Section 3 SO 489928).
Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited (affects Section 3 SO 489928).

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated (affects Section 3 SO 489928).

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited (affects Section 3 SO 489928).
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated (affects Section 3 SO 489928).

Subject to an unregistered permit with national permit number 36101-TEL to Spark New Zealand Trading Limited (affects Section 3 SO 489928).
120 Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Karapiti property Description South Auckland Land District— Taupo District 52.9 hectares, approximately, being Section 9 and Part Section 8 SO 355555.

Part Gazette notice B263233.

Subject to survey.

As shown on OTS-575-11.

52.6570 hectares, more or less, being Sections 1 and 3 SO 519227.

Part Gazette notice B263233.


Karetoto property South Auckland Land District— Taupo District 10.5250 hectares, more or less, being Section 7 SO 61681.

Part Gazette notice B263233.

Parakiri site A South Auckland Land District— Taupo District 0.80 hectares, approximately, being Part Section 6 Block XXXIV Town of Taupo.

Part computer freehold register SA14C/1198.

Subject to survey.

As shown on OTS-575-20A.

Interests Together with the right of way easement referred to in section 74(2).
Subject to an encumbrance embodied in computer interest register 549545 (affects Part Section 8 SO 355555 only).

Subject to a deed of easement embodied in computer interest register 549546, and varied by instrument 8702593.7.

Subject to exemption from section 24 of the Conservation Act 1987 while Contact Energy Limited has an interest in the land by Gazette notice 8702593.8.
Subject to an unregistered Land Act 1948 recreation permit for various tourism purposes to Craters of the Moon Trust (dated 14 May 2014).

Subject to an unregistered Land Act 1948 recreation permit for horse trekking to Fearnley Tippet (dated 1 July 2008).

Subject to a deed of easement embodied in computer interest register 549546, and varied by instrument 8702593.7.
Subject to exemption from section 24 of the Conservation Act 1987 while Contact Energy Limited has an interest in the land by Gazette notice 8702593.8.

Subject to a right to convey water easement embodied in computer interest register SA62B/662 (affects the part formerly Section 9 Block XIV Tatua Survey District).

Subject to an unregistered Land Act 1948 grazing permit to Kiwitahi Trust (dated 14 October 2015).

Subject to the lease and easements referred to in section 76(3).
Subject to the lease referred to in section 76(3)(a).

Subject to a registrable the easement in gross for a right to convey water, a right to drain water, a right to drain sewage, and a pedestrian right of way referred to in section 76(3)(b).

121 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description 0.7786 hectares, more or less, being Section 1 SO 519771.

Part computer freehold register SA14C/1198.


Puanga Street property Wellington Land District—Taupo District 0.05 hectares, approximately, being Part Section 1B Block VII Tokaanu Township.

Part Transfer A018969.

Subject to Survey.

As shown on OTS-575-23.

0.0575 hectares, more or less, being Section 1 SO 517282.

Part Transfer A018969.


Interests Subject to a registrable the easement in gross for a right to convey electricity and a right to convey telecommunications and electronic data referred to in section 76(3)(c).

Subject to an unregistered concession (permit) with concession number 35907-SSE to Ironman New Zealand Limited.

Subject to an unregistered concession (permit) with concession number 37066-WAT to Leyland Nominees Limited.
Subject to an unregistered concession (permit) with concession number TW-34293- SSE to Taupo Half Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.
Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.
Subject to an unregistered permit with national permit number 36101-TEL to Spark New Zealand Trading Limited.

122 Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Part Former Tauranga Taupo School property Description South Auckland Land District— Taupo District 0.8130 hectares, more or less, being Lot 2 DP 426118.

All computer freehold register 502860.


Tawera Street property Wellington Land District—Taupo District 0.2024 hectares, more or less, being Sections 18 and 20 Block II Tokaanu Township.

Part Gazette 1899, p 1563.

0.0562 hectares, more or less, being Section 4 SO 36340.

Part Proclamation B255659.1.

Interests Together with a right to convey water created by instrument 9543481.2.

The easement created by instrument 9543481.2 is subject to section 243(a) of the Resource Management Act 1991.
Subject to consent notice 9543481.3.

Subject to Gazette notice 5196208.1 declaring adjoining State Highway 1 to be a limited access road.

Subject to an unregistered licence to occupy with licence number TT-28155-OTH to Tokaanu Brigadesmen Social Club.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.
Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with national permit number 36101-TEL to Spark New Zealand Trading Limited.
Subject to Gazette notice 783787 declaring adjoining State 123 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description Te Huka North property Tokaanu Market property South Auckland Land District— Taupo District 2.1215 hectares, more or less, being Sections 3, 4 and 5 SO 61681.

Part Gazette notice B263233.

Wellington Land District—Taupo District 0.4047 hectares, more or less, being Section 30 Block I Tokaanu Township.

Part Gazette 1899, p 1563.


Interests Highway 41 to be a limited access road.

Subject to a deed of easement embodied in computer interest register 549546, and varied by instrument 8702593.7.

Subject to exemption from section 24 of the Conservation Act 1987 while Contact Energy Limited has an interest in the land by Gazette notice 8702593.8.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with national permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to Gazette notice 783787 declaring adjoining State Highway 41 to be a limited access road.
124 Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Properties vested in fee simple to be administered as reserves Name of property Atahaka property Description South Auckland Land District— Taupo District 3.6900 hectares, more or less, being Section 1 SO 59998.

All computer interest register 79836.

Five Mile Bay site B South Auckland Land District— Taupo District 18.40 hectares, approximately, being Part Section 1 SO 59452.

Part Gazette 1994, p 1411.

Subject to survey.

As shown on OTS-575-07.


18.1890 hectares, more or less, being Section 4 SO 517278.

Part Gazette 1994, p 1411.

Interests Subject to being a historic reserve, as referred to in section 82(3).

Subject to an unregistered permit with national permit number 39984-GUI to Just MTB Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with national permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to being a scenic reserve, as referred to in section 83(3).

Subject to an unregistered concession (permit) with concession number TW-31100- SSE to Taupo Half Marathon Society Incorporated.
Subject to an unregistered concession (permit) with concession number 38889-SSE to Lake Taupo Cycle Challenge.

125 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description Five Mile Bay site D South Auckland Land District— Taupo District 7.64 hectares, approximately, being Part Section 1 SO 59452.

Part Gazette 1994, p 1411.

Subject to survey.

As shown on OTS-575-09.

7.8970 hectares, more or less, being Section 2 SO 517278.

Part Gazette 1994, p 1411.


126 Interests Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.
Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.
Subject to an unregistered permit with national permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to being a recreation reserve, as referred to in section 84(3).

Subject to an unregistered sporting event concession with concession number TW-31100-SSE to Taupo Half Marathon Society Incorporated.

Subject to an unregistered sporting event concession with concession number 38889-SSE to Lake Taupo Cycle Challenge.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description Maunganamu property Wellington Land District—Taupo District 24.1100 hectares, more or less, being Section 13 SO 436539.

Part computer interest register 576786.

5.7080 hectares, more or less, being Sections 1 and 4 SO 436539.
All computer interest register 576804.

Interests national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with national permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to being a historic reserve, as referred to in section 86(3).

Subject to an unregistered concession (permit) with concession number TT-28787-GUI to Naturally Adventurous Limited.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.
Subject to an unregistered permit with national permit number 127 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description Motutere property South Auckland Land District— Taupo District 108.0216 hectares, more or less, being Sections 6 and 7 Block II Tokaanu Survey District.

Part Gazette notice H050268.

Interests 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to Gazette notice 783787 declaring adjoining State Highway 41 to be a limited access road.

Subject to being a scenic reserve, as referred to in section 87(4).
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.
Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.
128 Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description Ngā Puna Wai Ariki ki Tokaanu property Wellington Land District—Taupo District 23.1809 hectares, more or less, being Section 1 Block V Tokaanu Township.

Part computer interest register 576786.

0.1011 hectares, more or less, being Section 1A1 Block V Tokaanu Township.

All computer freehold register WN16B/1200.

0.20 hectares, approximately, being road to be stopped.

Subject to survey.
Subject to survey.

0.04 hectares, approximately, being Part Tokaanu Stream bed.

Subject to survey.

As shown on OTS-575-15.

23.5312 hectares, more or less, being Sections 1, 2, 3, 4, and 5 SO 517953.

All computer freehold register WN16B/1200 and part computer interest register 576786.

Ōmoho property Wellington Land District—Taupo District 1.60 hectares, approximately, being Part Lots 1 and 2 DP 51475.

Part computer freehold register WN22A/245.

Subject to survey.
Subject to survey.

Interests Subject to Gazette notice 5196208.1 declaring adjoining State Highway 1 to be a limited access road.

Subject to being a recreation reserve, as referred to in section 88(6).

Subject to an unregistered concession (permit) with concession number TT-28787-GUI to Naturally Adventurous Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to being a historic reserve, as referred to in section 89(5).

Subject to an unregistered concession (permit) with concession number TT-28787-GUI to Naturally Adventurous Limited.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- 129 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description 0.20 hectares, approximately, being Crown Land.

Subject to survey.

As shown on OTS-575-16.

2.0145 hectares, more or less, being Sections 1 and 2 SO 517281.

Part computer freehold register WN22A/245.


Ōnekeneke property South Auckland Land District— Taupo District 7.26 hectares, approximately, being Part Sections 86 and 87 Block II Tauhara Survey District, and Section 1 SO 350619.

Part computer interest register 294514.

Subject to survey.

As shown on OTS-575-17.

7.2910 hectares, more or less, being Section 1 SO 516759.

Part computer interest register 294514.

130 Interests FAU to Wildland Consultants Limited.


Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.
Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to being a recreation reserve, as referred to in section 90(3).
Subject to a lease comprised in computer interest register SA5C/328, andas renewed by instrument B458150.2.

Subject to a sublease comprised in computer interest register 39619, and varied by instrument B458150.3.

Subject to a right of way and rights to convey water, gas, telecommunications, and electricity, and drain water, created by instrument 6892809.7.
Together with a right of way and rights to convey water, gas, telecommunications and electricity, and drain water created by easement instrument 6892809.7.

Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description Oruatua property South Auckland Land District— Taupo District 34.31 hectares, approximately, being Part Tauranga Taupo 1B1.

Part Gazette 1933, p 2097.

Subject to survey.

Interests Subject to a land covenant restricting building height created by instrument 6892809.7.
Subject to a right in gross to drain and convey water created by instrument 6892809.8.

Subject to an unregistered concession (permit) with concession number TT-28787-GUI to Naturally Adventurous Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.
Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to an unregistered permit with national permit number 34616-RES to Waikato Regional Council.

Subject to being a scenic reserve, as referred to in section 92(5).
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- 131 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Paaka property 132 Description 0.0809 hectares, more or less, being Section 1 SO 59250.

All computer freehold register SA50C/279.

0.0931 hectares, more or less, being Section 2 SO 59250.

All computer freehold register SA50C/280.

0.0286 hectares, more or less, being Section 4 SO 59129.

All computer freehold register SA50B/302.


As shown on OTS-575-18.

33.4720 hectares, more or less, being Section 1 SO 517279.

Part Gazette 1933, p 2097 and all computer freehold registers SA50B/302, SA50C/279, and SA50C/280.

South Auckland Land District— Taupo District 14.80 hectares, approximately, being Part Section 4 Block I Waitahanui Survey District.

Part Gazette notice H050268.

Subject to survey.

1.70 hectares, approximately, being Part Sections 6 Block I Waitahanui Survey District.
Part Gazette notice H139624.

Subject to survey.

As shown on OTS-575-19.

15.2730 hectares, more or less, being Section 7 SO 517954.

Part Gazette notice H050268.

1.9250 hectares, more or less, being Sections 2, 3, 4, 5, and 6 SO 517954.

Part Gazette notice H139624.

Interests FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.
Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to being a recreation reserve, as referred to in section 93(4).

Subject to a right of way created by Proclamation K7393.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.
Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description Parakiri site B South Auckland Land District— Taupo District 1.50 hectares, approximately, being Parts Section 6 Block XXXIV Town of Taupo.

Part computer freehold register SA14C/1198.

Subject to survey.

As shown on OTS-575-20B.

1.8640 hectares, more or less, being Section 2 SO 519771.

Part computer freehold register SA14C/1198.


Interests Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with national permit number 36101-TEL to Spark New Zealand Trading Limited.
Subject to an unregistered permit with national permit number 34616-RES to Waikato Regional Council.

Subject to Gazette notice 5196208.1 declaring adjoining State Highway 1 to be a limited access road.

Subject to being a recreation reserve, as referred to in section 94(4).

Subject to the lease referred to in section 94(9)(a).
Subject to a registrable the easement in gross for a right to convey water, a right to drain water, a right to convey electricity, a right to convey telecommunications and computer media, a right to drain sewage, and a right to collect and dispose refuse referred to in section 94(9)(a).

Subject to a registrable the easement in gross for a right to convey water, a right to drain sewage, and a right to drain water, and a pedestrian right of way referred to in section 94(9)(b).
Subject to a registrable the easement in gross for a right to convey electricity and a right to convey telecommunications and electronic data referred to in section 94(9)(c).

Subject to an unregistered concession (lease) with concession number 43106-OTH to Fish Cruise Lake Taupo Incorporated, and 133 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description 134 Interests sublease with concession number 43106-OTH to Simon Dickie Adventures Limited.
Subject to an unregistered concession (lease) with concession number TT-16703-OTH to Jolly & Allingham Limited, and assignment with concession number TT-16703-OTH to Taupo Troutcatcher Limited.

Subject to an unregistered concession (licence) with concession number 45754-SER to Kiva Han Limited.

Subject to an unregistered concession (permit) with concession number 35907-SSE to Ironman New Zealand Limited.
Subject to an unregistered concession (lease) with concession number TT-29419-OTH to Lake Taupo Yacht Club Incorporated.

Subject to an unregistered concession (permit) with concession number 37066-WAT to Leyland Nominees Limited.

Subject to an unregistered concession (permit) with concession number 40050-SSE to Swimming New Zealand Incorporated.

Subject to an unregistered concession (permit) with concession number TW-34293- SSE to Taupo Half Limited.
Subject to an unregistered concession (lease) with concession number TT-15987-OTH to Taupo’s Floatplane Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.
Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description Parikarangaranga property South Auckland Land District— Taupo District 9.50 hectares, approximately, being Part Section 5 Block III Tokaanu Survey District.

Part Gazette notice H192606.1.

Subject to survey.

As shown on OTS-575-21.

9.5100 hectares, more or less, being Section 1 SO 517280.

Part Gazette notice H192606.1.


Interests Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.
Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to being a historic reserve, as referred to in section 96(3).

Subject to an unregistered concession (permit) with concession number TT-28787-GUI to Naturally Adventurous Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus 135 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description Tauhara property South Auckland Land District— Taupo District 39.0167 hectares, more or less, being Section 10 SO 397435, and Sections 13 and 15 SO 438782.

All computer freehold register 657075.

136 Interests and Coach Association (New Zealand) Incorporated.
Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to being a scientific reserve, as referred to in section 97(3).

Subject to section 8 of the Atomic Energy Act 1945.

Subject to sections 6 and 8 of the Mining Act 1971.

Subject to section 3 of the Geothermal Energy Act 1953.

Subject to section 3 of the Petroleum Act 1937.

Subject to sections 5 and 261 of the Coal Mines Act 1979.

Subject to section 11 of the Crown Minerals Act 1991.
Subject to a right of way and right Together with rights of way and rights to convey water created by Transfer 5197175.9.

Subject to an encumbrance contained in instrument B406416.5.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.
Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.
Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description Taupo Courthouse property South Auckland Land District— Taupo District 0.23 hectares, approximately, being Part Section 5 Block XXXVI Town of Taupo.

Balance Gazette 1968, p 264.

0.1211 hectares, more or less, being Section 8 Block XXXVI Town of Taupo.

All computer freehold register SA27B/312.

As shown on OTS-575-26.

0.3564 hectares, more or less, being Section 1 SO 516784.
Balance Gazette 1968, p 264 and all computer freehold register SA27B/312.

Interests Some of the easements created by Transfer 5197175.9 are subject to section 243(a) of the Resource Management Act 1991.

Section 107(14) and (15) of the Public Works Act 1981 affect Encumbrance B406416.5 (see Certificate 9743522.1).

Subject to a geothermal exploitation and electricity right (in gross) and profit-a-prendre created by Transfer B406416.4.

Subject to being a historic reserve, as referred to in section 98(3).
Subject to an unregistered concession (lease) with concession number 3557-INS to Schools Out Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.
Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.
Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to section 5 of the Coal Mines Act 1979.

137 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description Tauranga Taupō property South Auckland Land District— Taupo District 10.75 hectares, approximately, being Part Tauranga Taupo 1B1.

Part Gazette 1933, p 2097.

Subject to survey.

As shown on OTS-575-18.

10.6240 hectares, more or less, being Section 2 SO 517279.
Part Gazette 1933, p 2097.

Te Huka property South Auckland Land District— Taupo District 11.1860 hectares, more or less, being Section 1 SO 500211.

Part Gazette notice B263233.

138 Interests Excepting pursuant to section 19 of the Public Works Act 1928 all mines of coal or other minerals not taken by Proclamation 7089.

Subject to being a recreation reserve, as referred to in section 99(4).
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.
Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.
Subject to Gazette notice H180664 declaring adjoining State Highway 1 to be a limited access road.

Subject to being a scenic reserve, as referred to in section 100(2).

Subject to a registrable the easement in gross for a right of way referred to in section 100(4)(a).
Subject to a registrable the easement in gross for a right to Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description Te Kōwhai property Wellington Land District—Taupo District 6.80 hectares, approximately, being Part Ohuanga North 1A and Part Ohuanga South 1A.

Balance computer freehold register WN430/31.

Subject to survey.

0.58 hectares, approximately, being Closed Road SO 18192.

All Gazette notice 872300.

Subject to survey.

As shown on OTS-575-31.


6.9600 hectares, more or less, being Section 3 SO 517959.

Balance computer freehold register WN430/31 and Part Gazette notice 872300.

Interests convey water, a right to convey electricity, a right to drain sewage, and a right to drain water referred to in section 100(4)(b).

Subject to a registrable the easement in gross for a right to drain sewage referred to in section 100(4)(c).
Subject to a registrable the easement in gross for a right to convey electricity and a right to convey telecommunications and electronic data referred to in section 100(4)(d).

Subject to restriction on use contained in instrument 8702593.7.

Subject to an unregistered Land Act 1948 recreation permit for tourist related activities to Craters of the Moon Trust (dated 25 August 2016).

Subject to being a recreation reserve, as referred to in section 101(2).
Subject to the licence to occupy referred to in section 101(6)(a).

Subject to the licence to occupy referred to in section 101(6)(b).

Subject to the lease referred to in section 101(6)(c).

Subject to a registrable the easement for a right of way referred to in section 101(6)(d).

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.
139 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Name of property Description Te Rapa property Wellington Land District—Taupo District 11.9908 hectares, more or less, being Lot 3 DP 51475.

Part computer freehold register WN22A/245.

Interests Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to Gazette notice 149668.1 declaring adjoining State Highway 1 to be a limited access road.

Subject to being a historic reserve, as referred to in section 102(3).
Subject to an unregistered concession (permit) with concession number TT-28787-GUI to Naturally Adventurous Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.
Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus 140 Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description Te Iringa o te Pouraka property 29.00 hectares, approximately, being Part Section 7 and Parts Section 12 Block VII Puketi Survey District.

Part Gazette notice 258241.1.

Subject to survey.

0.23 hectares, approximately, being road to be stopped.

Subject to survey.

As shown on OTS-575-34A.


Wellington Land District—Taupo District 28.2325 hectares, more or less, being Sections 1, 2, 3, 4, 5, 6, 10, and 11 SO 517957.

Part Gazette notice 258241.1.

Interests and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to Gazette notice 217620.1 declaring adjoining State Highway 41 to be a limited access road.
Subject to being a scenic reserve, as referred to in section 103(6).

Subject to a right of way created by Proclamation 1716.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.
Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.

Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.
Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to Gazette notice 785958 declaring adjoining State Highway 1 to be a limited access road.

141 Schedule 3 Ngāti Tūwharetoa Claims Settlement Bill Properties vested in fee simple subject to conservation covenants Name of property Tauhara Mountain property Description South Auckland Land District— Taupo District 36.6900 hectares, more or less, being Section 20 Block III Tauhara Survey District.
All Gazette notice H290359.

Te Huka South property South Auckland Land District— Taupo District 18.0000 hectares, more or less, being Section 2 SO 61681.

Part Gazette notice B263233.

142 Interests Subject to the conservation covenant referred to in section 105(3).

Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35130- FAU to Wildland Consultants Limited.
Subject to an unregistered Wildlife Act 1953 Authority permit with national permit number 35196- FAU to Marieke Lettink.

Subject to an unregistered concession (permit) with concession number CA-31615- OTH to Landcare Research New Zealand Limited.

Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.

Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered concession (permit) with concession numbers WC-27582- LAN and PAC-11-06-442 to Bus and Coach Association (New Zealand) Incorporated.

Subject to an unregistered permit with permit number 36101-TEL to Spark New Zealand Trading Limited.

Subject to Gazette notice S644904 declaring adjoining State Highway 5 to be a limited access road.

Subject to the conservation covenant referred to in section 106(2).
Subject to a deed of easement embodied in computer interest register 549546, and varied by instrument 8702593.7.

Subject to exemption from section 24 of the Conservation Act 1987 whlile while Contact Energy Ngāti Tūwharetoa Claims Settlement Bill Schedule 3 Name of property Description Interests Limited has an interest in the land by Gazette notice 8702593.8.
Subject to an unregistered Land Act 1948 recreation permit for non-commercial mountain bike activities to Bike Taupo Advocacy Group (dated 5 April 2004).

143 Schedule 4 Ngāti Tūwharetoa Claims Settlement Bill Schedule 4 Trout Centre property s 194 Interests Subject to being a recreation reserve, as referred to in section 195(1).

Subject to the licence to occupy referred to in section 195(4)(a).

Subject to the licence to occupy referred to in section 195(4)(b).
Subject to the lease referred to in section 195(4)(c).

Subject to a registrable the easement for a right of way referred to in section 195(4)(d).

Subject to Gazette notice 149668.1 declaring adjoining State Highway 1 to be a limited access road.

Description 1.2141 hectares, more or less, being Section 2 Block III Pihanga Survey District.

All proclamation 527165.

7.56 hectares, approximately, being Part Ohuanga North 1, Part Ohuanga South 1 and Part Ohuanga South 2B2.
Balance Proclamation 1602 (subject to survey).

1.95 hectares, approximately, being Closed Road SO 27803.

All Gazette notice 898579 (subject to survey).

As shown on OTS-575-55.

Wellington Land District—Taupo District 1.2380 hectares, more or less, being Section 1 SO 517959.

All Proclamation 527165.

7.5678 hectares, more or less, being Sections 2, 4, and 7 SO 517959.

Balance Proclamation 1602.

1.9583 hectares, more or less, being Sections 5, 6, 8, and 9 SO 517959.

All Gazette notice 898579.
144 Ngāti Tūwharetoa Claims Settlement Bill Schedule 5 Schedule 5 Notices in relation to RFR land ss 138, 160, 166 1 Requirements for giving notice A notice by or to an RFR landowner or the trustees under subpart 4 of Part 3 must be— (a) in writing and signed by— 5 (i) (ii) the person giving it; or at least 2 of the trustees, for a notice given by the trustees; and (b) addressed to the recipient at the street address, postal address, fax num- ber, or electronic address,— 10 (i) (ii) for a notice to the trustees, specified for the trustees in accordance with the deed of settlement, or in a later notice given by the trustees to the RFR landowner, or identified by the RFR landown- er as the current address, fax number, or electronic address of the trustees; or for a notice to an RFR landowner, specified by the RFR landown- er in an offer made under section 141, or in a later notice given to the trustees, or identified by the trustees as the current address, fax number, or electronic address of the RFR landowner; and (c) for a notice given under section 157 or 159, addressed to the chief executive of LINZ at the Wellington office of LINZ; and (d) given by— (i) (ii) (iii) (iv) delivering it by hand to the recipient’s street address; or posting it to the recipient’s postal address; or faxing it to the recipient’s fax number; or sending it by electronic means such as email.
2 Use of electronic transmission Despite clause 1, a notice given in accordance with clause 1(a) may be given by electronic means as long as the notice is given with an electronic sig- nature that satisfies section 22(1)(a) and (b) of the Electronic Transactions Act 2002 section 226(1)(a) and (b) of the Contract and Commercial Law Act 2017.
3 Time when notice received (1) A notice is to be treated as having been received— (a) (b) at the time of delivery, if delivered by hand; or on the fourth sixth day after posting, if posted; or 15 20 25 30 35 145 Schedule 5 Ngāti Tūwharetoa Claims Settlement Bill (c) at the time of transmission, if faxed or sent by other electronic means.
(2) However, a notice is to be treated as having been received on the next working day if, under subclause (1), it would be treated as having been received— (a) after 5 pm on a working day; or (b) on a day that is not a working day.
5 146 Ngāti Tūwharetoa Claims Settlement Bill Schedule 6 Schedule 6 Te Kōpua Kānapanapa ss 167, 170, 171, 173, 177 Part 1 Membership, procedures, and other matters relating to Te Kōpua Kānapanapa 5 Vacancies and appointment of co-chairpersons 1 (1) (2) Vacancies If there is a vacancy on Te Kōpua Kānapanapa, the relevant appointer must fill the vacancy as soon as is reasonably practicable.
10 The ability of Te Kōpua Kānapanapa to carry out its functions is not affected by any vacancy or a failure by an appointer to make an appointment or a re- placement appointment.

2 Appointment of co-chairpersons (1) At its first meeting of each term, Te Kōpua Kānapanapa must appoint 2 mem- 15 bers to be co-chairpersons,— (a) (b) one of whom must be appointed by the trustees; and one of whom must be appointed by the Waikato Regional Council or the Taupo Regional Council.
(2) A co-chairperson— (a) holds office for a term of up to 3 years unless, before his or her term as co-chairperson ends, he or she ceases to be a member of Te Kōpua Kā- napanapa; and (b) may be reappointed as a co-chairperson.

(3) Subclause (2)(a) is subject to section 175(2).

3 Alternative members (1) An appointer may from time to time notify Te Kōpua Kānapanapa of the names of alternative members who may attend the meetings of Te Kōpua Kānapanapa if a member is not able to attend.
(2) An alternative member may act in the place of the member.

4 Resignation and removal of members (1) A member may resign by giving written notice to that person’s appointer and Te Kōpua Kānapanapa.

20 25 30 147 Schedule 6 Ngāti Tūwharetoa Claims Settlement Bill (2) An appointer of a member may remove that member from Te Kōpua Kānapa- napa by giving written notice to that member, Te Kōpua Kānapanapa, and the other appointers.
Procedures of Te Kōpua Kānapanapa and guiding principles Procedures of Te Kōpua Kānapanapa 5 The procedures of Te Kōpua Kānapanapa are governed by the applicable provi- sions of the local government legislation and the standing orders.

Standing orders and guiding principles 5 6 (1) At the first meeting of Te Kōpua Kānapanapa, Te Kōpua Kānapanapa must— (a) develop principles to guide the relationships and values of Te Kōpua Kā- napanapa; and 10 (b) adopt a set of standing orders.
(2) The standing orders— (a) must not contravene Part 4 of this Act or this schedule; and (b) must respect the tikanga of Ngāti Tūwharetoa; and (c) must not contravene any local government legislation.

Te Kōpua Kānapanapa may at any time amend the standing orders.

Each member of Te Kōpua Kānapanapa must comply with the standing orders and be guided by the principles referred to in subclause (1)(a).
(3) (4) Meetings of Te Kōpua Kānapanapa 15 20 7 Schedule of meetings to be agreed (1) At the first meeting of Te Kōpua Kānapanapa of each year, Te Kōpua Kānapa- napa must agree to a schedule of the meetings of Te Kōpua Kānapanapa for that year.

(2) 8 (1) (2) Te Kōpua Kānapanapa must regularly review the schedule to ensure that it pro- vides for sufficient meetings to enable Te Kōpua Kānapanapa to achieve its purpose and carry out its functions.
25 Conduct of meetings The co-chairpersons must preside over the meetings of Te Kōpua Kānapanapa.

If one co-chairperson is unable to attend a meeting, the other co-chairperson must preside.
30 9 Quorum The quorum for a meeting of Te Kōpua Kānapanapa is no fewer than 5 mem- bers, who must include— (a) at least 2 members appointed by the trustees; and 35 148 Ngāti Tūwharetoa Claims Settlement Bill Schedule 6 (b) (c) (d) at least 1 member appointed by the Waikato Regional Council; and at least 1 member appointed by the Taupo District Council; and a co-chairperson.
Manner of operation 10 Manner of operation 5 Te Kōpua Kānapanapa must operate in a manner that— (a) (b) (c) (d) (e) (f) (g) respects the mana and roles of members and groups represented on Te Kōpua Kānapanapa; and respects the tikanga of Ngāti Tūwharetoa; and acknowledges, as appropriate, the mana of Ngāti Rangi in respect of the overlapped catchment area; and 10 recognises the interests of other iwi, local authorities, and entities with interests or statutory roles in the Taupo Catchment; and is inclusive of those iwi with interests in the Taupo Catchment that are not represented on Te Kōpua Kānapanapa; and 15 acknowledges, as appropriate, that each hapū of Ngāti Tūwharetoa has mana whenua over their particular part of the Taupo Catchment; and acknowledges, as appropriate, the interests of all communities in the Taupo Catchment.
Decision making 11 Decision making (1) All decisions of Te Kōpua Kānapanapa must be made by vote at a meeting of Te Kōpua Kānapanapa.

(2) When making a decision, Te Kōpua Kānapanapa must strive to achieve consen- sus among those present and voting at the meeting.
(3) Despite subclause (2), the co-chairpersons (or the co-chairperson present) may determine that a decision on a matter may be made with the support of a 75% majority of members present and voting at the meeting, but only if— 20 25 (a) (b) consensus has not been achieved after the third vote on the matter; and the co-chairpersons (or the co-chairperson present) are of the opinion that— 30 (i) (ii) there has been reasonable discussion on the matter; and consensus is unlikely to be achieved by further discussion.
(4) Each co-chairperson has a deliberative vote but not a casting vote.

(5) Members must approach decision making— 35 149 Schedule 6 Ngāti Tūwharetoa Claims Settlement Bill (a) (b) (c) in accordance with section 169 (which relates to the purpose of Te Kōpua Kānapanapa) and clause 10; and by working together in good faith and a spirit of co-operation; and by striving to achieve Te Kōpua Kānapanapa’s purpose while respecting that members have other statutory obligations and responsibilities.
5 Members who are also members of local authority 12 No disqualification of local authority members A person who is a member of Te Kōpua Kānapanapa and also a member of a local authority is not disqualified from participating in any decision making of the local authority just because the person is a member of Te Kōpua Kānapana- pa.

Conflicts of interest 13 Declaration of interest (1) A member of Te Kōpua Kānapanapa must disclose any actual or potential inter- est in a matter to Te Kōpua Kānapanapa.
(2) Te Kōpua Kānapanapa must— (a) maintain an interests register that records the actual or potential interests disclosed to Te Kōpua Kānapanapa; and (b) (c) decide whether any actual or potential interests that are disclosed to Te Kōpua Kānapanapa should prevent a member from participating in any decision making of Te Kōpua Kānapanapa; and consider, and if necessary take steps to manage, any actual or potential conflict of interest.
(3) A member of Te Kōpua Kānapanapa has an actual or potential interest in a matter if that member— (a) may derive a financial benefit from the matter; or 10 15 20 25 (b) (c) (d) is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or has or may have a financial interest in a person to whom the matter re- lates; or 30 is a partner, director, officer, or trustee of a person who has or may have a financial interest in a person to whom the matter relates; or (e) is otherwise directly or indirectly interested in the matter.
(4) However, a person is not interested in a matter if his or her interest is so remote or insignificant that it cannot reasonably be regarded as being likely to influ- ence the person in carrying out his or her responsibilities as a member of Te Kōpua Kānapanapa.
35 150 Ngāti Tūwharetoa Claims Settlement Bill Schedule 6 (5) However, a member of Te Kōpua Kānapanapa is not precluded from discussing or voting on a matter by virtue only that— (a) (b) (c) (d) the member is affiliated to an iwi or a hapū that has customary interests in the Taupo Catchment; or the member has an interest in freehold Māori land; or the member is also a member of a local authority; or the economic, social, cultural, and spiritual values of an iwi or a hapū referred to in paragraph (a) and its relationships with Te Kōpua Kāna- panapa are advanced by or reflected in— (i) (ii) the subject matter under consideration; or a decision or recommendation of Te Kōpua Kānapanapa; or (iii) the participation of the member in the matter.
(6) The affiliation of a member of Te Kōpua Kānapanapa to an iwi or a hapū that have interests in the Taupo Catchment is not in itself an interest that must be disclosed or recorded.
(7) In this clause, matter means— 5 10 15 (a) (b) (c) Te Kōpua Kānapanapa’s performance of its functions and exercise of its powers; or an arrangement, agreement, contract, or concession that Te Kōpua Kāna- panapa has entered into or is considering; or 20 a concession or permit that Te Kōpua Kānapanapa has made or granted or is considering.
Administrative support 14 Waikato Regional Council to provide administrative support (1) (2) The Waikato Regional Council is responsible for the administrative support of Te Kōpua Kānapanapa.

25 In subclause (1), administrative support includes the provision of those ser- vices that are required for Te Kōpua Kānapanapa to perform its functions under this Act, the Local Government Act 2002, or any other enactment that applies to the conduct of Te Kōpua Kānapanapa.
30 (3) The Waikato Regional Council must, on behalf of Te Kōpua Kānapanapa,— (a) (b) (c) hold any funds belonging to Te Kōpua Kānapanapa; and account for the funds in a separate and identifiable manner; and spend the funds in accordance with any direction given by Te Kōpua Kā- napanapa.
35 151 Schedule 6 Ngāti Tūwharetoa Claims Settlement Bill 15 Appointers to provide technical support An appointer must provide technical support to Te Kōpua Kānapanapa to the extent that it is reasonably practicable for the appointer to do so.

Reporting and review 16 (1) Reporting 5 Each year Te Kōpua Kānapanapa must provide an annual report to the appoint- ers.
(2) The annual report— (a) must describe the activities of Te Kōpua Kānapanapa,— (i) (ii) for the first annual report, during the last 12 months; and 10 for each subsequent annual report, during the 12-month period commencing on the day after the last date to which the previous annual report applied; and (b) must explain how those activities are relevant to Te Kōpua Kānapana- pa’s functions and powers.
15 Te Kōpua Kānapanapa must, at the request of the appointers, attend an annual meeting of the trustees and all other appointers and report on the work of Te Kōpua Kānapanapa for the last 12 months and the next 12-month period.

Review of Te Kōpua Kānapanapa Te Kōpua Kānapanapa must commence a review of its performance no later than the date that is 3 years after the first Te Kaupapa Kaitiaki is approved.
20 The review must include consideration of the extent to which Te Kōpua Kāna- panapa has achieved its purpose and performed its functions.

The appointers may, at a time they agree, carry out a subsequent review of the performance of Te Kōpua Kānapanapa in accordance with subclause (2).
Following a review of Te Kōpua Kānapanapa under subclause (1) or (3),— (a) the appointers may make recommendations to Te Kōpua Kānapanapa on any matter arising from the review; and 25 (b) Te Kōpua Kānapanapa must consider the recommendations and the ex- tent to which action is required to address the recommendations.
30 (3) 17 (1) (2) (3) (4) 152 Ngāti Tūwharetoa Claims Settlement Bill Schedule 6 Part 2 Te Kaupapa Kaitiaki Preparation of Te Kaupapa Kaitiaki 18 (1) Preparation of Te Kaupapa Kaitiaki Te Kōpua Kānapanapa must commence the preparation of Te Kaupapa Kaitiaki no later than 6 months after the settlement date.
5 (2) In preparing Te Kaupapa Kaitiaki, Te Kōpua Kānapanapa must— (a) (b) (c) (d) (e) (f) (g) (h) ensure that the contents of Te Kaupapa Kaitiaki are consistent with the purpose as set out in section 177; and operate in an inclusive manner that encourages the participation of Ngāti Tūwharetoa hapū and entities, and other interested persons and organisa- tions; and give Ngāti Rangi an opportunity to provide input into Te Kaupapa Kai- tiaki in accordance with clauses 6.31.2 and 6.31.3 of the deed of settle- ment; and 10 15 consider and document the potential alternatives to, and the potential benefits and costs of, the matters provided for in the draft Te Kaupapa Kaitiaki; and consult with the Department of Conservation; and review any documents developed by any existing governance groups made up of Ngāti Tūwharetoa representatives and local authorities; and 20 consider whether relevant aspects of those documents should be incorp- orated into Te Kaupapa Kaitiaki; and ensure that each appointer is provided an opportunity and sufficient time to review the draft Te Kaupapa Kaitiaki before it is notified under clause 19(1).
25 Notification 19 Notification of Te Kaupapa Kaitiaki (1) After Te Kōpua Kānapanapa is satisfied with the draft Te Kaupapa Kaitiaki, it must— (a) give public notice of the draft Te Kaupapa Kaitiaki in accordance with subclause (3); and (b) make available for public inspection the draft Te Kaupapa Kaitiaki and any other document that Te Kōpua Kānapanapa considers relevant.
(2) Te Kōpua Kānapanapa may, in addition to the requirement in subclause (1)(a), give public notice of the draft Te Kaupapa Kaitiaki by any other means it considers appropriate.
30 35 153 (4) 20 (1) Schedule 6 Ngāti Tūwharetoa Claims Settlement Bill (3) The public notice under subclause (1)(a) must— (a) state that the draft Te Kaupapa Kaitiaki is available for inspection at the places and times specified in the notice; and (b) (c) invite submissions on the draft Te Kaupapa Kaitiaki and state how they may be made; and 5 specify the date by which submissions must be received, which must be no earlier than 20 business days after the date of the notice.
For the first draft Te Kaupapa Kaitiaki, unless the appointers agree otherwise, Te Kōpua Kānapanapa must comply with this clause no later than the date that is 12 months after it has started preparing that document.

10 Approval Approval of Te Kaupapa Kaitiaki Te Kōpua Kānapanapa may, at its discretion, hold a hearing and invite those persons who made a submission to be heard at a time and place specified by Te Kōpua Kānapanapa.
(2) Te Kōpua Kānapanapa must— (a) consider any written (including electronic) or oral submission to the ex- tent that the submission is within the purpose of Te Kaupapa Kaitiaki; and (b) may amend the draft Te Kaupapa Kaitiaki.

(3) After it has completed the process described in subclause (2), Te Kōpua Kā- napanapa must approve Te Kaupapa Kaitiaki.
(4) Te Kōpua Kānapanapa must— 15 20 (a) give public notice of the approved Te Kaupapa Kaitiaki in accordance with subclause (5); and 25 (b) make publicly available, in whatever manner it considers appropriate, a report identifying how it considered and dealt with submissions on Te Kaupapa Kaitiaki.

(5) The public notice must state— (a) where Te Kaupapa Kaitiaki is available for public inspection; and 30 (b) when Te Kaupapa Kaitiaki comes into force.
(6) Te Kaupapa Kaitiaki— (a) must be available for public inspection at the local offices of each local authority and at any other locations considered appropriate by the Te Kōpua Kānapanapa; and 35 (b) comes into force on the date specified in the notice.

154 Ngāti Tūwharetoa Claims Settlement Bill Schedule 6 (7) 21 (1) (2) 22 (1) Te Kōpua Kānapanapa may, in addition to the requirement in subclause (4)(a), give public notice of Te Kaupapa Kaitiaki by any other means it con- siders appropriate.
Assistance from appointers Te Kōpua Kānapanapa may request from an appointer reports or advice to as- sist in the preparation or approval of Te Kaupapa Kaitiaki (including the prep- aration of amendments under clause 22(2)(a)).

The relevant appointer must comply with a request if it is reasonably practic- able to do so.
Review of Te Kaupapa Kaitiaki 5 10 Review of Te Kaupapa Kaitiaki Te Kōpua Kānapanapa may at any time carry out a review of Te Kaupapa Kai- tiaki, but must do so— (a) (b) no later than 10 years after the previous review was completed; and in the case of the first Te Kaupapa Kaitiaki, no later than 5 years after it was approved.
15 (2) If Te Kōpua Kānapanapa considers as a result of a review that— (a) (b) a material change should be made to Te Kaupapa Kaitiaki, the amend- ment must be prepared and approved in accordance with clauses 18 to 21; and a non-material change should be made to Te Kaupapa Kaitiaki, Te Kōpua Kānapanapa may approve the amendment and give public notice of the document (as amended) in accordance with clause 20(5)(a).
20 1 August 2017 19 December 2017 Introduction (Bill 289–1) First reading and referral to Māori Affairs Committee Legislative history Wellington, New Zealand: Published under the authority of the House of Representatives—2018 155