Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846751870.pdf (New Zealand)
Ngāti Manuhiri Claims Settlement Bill Government Bill As reported from the Māori Affairs Committee Commentary Recommendation The Māori Affairs Committee has examined the Ngāti Manuhiri Claims Settlement Bill and recommends that it be passed with the amendments shown.
Introduction The Ngāti Manuhiri Claims Settlement Bill would give effect to the deed of settlement entered into by Ngāti Manuhiri and the Crown on 21 May 2011 for the final settlement of historical claims for breaches of the Treaty of Waitangi.

The bill also records the acknowledge- ments and the apology offered by the Crown to Ngāti Manuhiri.

The bill includes only those parts of the redress in the settlement package that require legislative authority.
The deed of settlement sets out in full the redress provided to Ngāti Manuhiri in settlement of all its historical Treaty of Waitangi claims.

Ngāti Manuhiri comprises those individuals who descend from Manuhiri, the eldest son of Maki, who exercised customary rights in 6—2 2 Ngāti Manuhiri Claims Settlement Bill Commentary the area of interest of Ngāti Manuhiri after 6 February 1840.
Ngāti Manuhiri is affiliated through Maki with the Kawerau confederation, and shares close whakapapa connections with Ngāti Wai.

Ngāti Manuhiri’s area of interest runs along the east coast north of Auckland, from Bream Tail to Whangaparāoa, and includes Te Hau- turu-o-Toi/Little Barrier Island.

We understand that Ngāti Manuhiri, Ngāti Wai and Ngāti Rehua all have whakapapa links to Te Hau- turu-o-Toi.
While we appreciate that Ngāti Manuhiri has worked with the Crown to resolve any issues related to overlapping claims, we remain concerned that the bill as introduced does not adequately reflect these shared interests with Ngāti Wai and Ngāti Rehua.

We therefore recommend an amendment to ensure the bill reflects the possibility of other iwi becoming involved in the co-governance re- dress for Te Hauturu-o-Toi/Little Barrier Island under future Treaty settlements.
The balance of our commentary covers the other amend- ments we recommend to the bill and the settlement issues we consid- ered.

Te Hauturu-o-Toi We heard opposition to the settlement, specifically concerning Te Hauturu-o-Toi.

Clause 83 of the bill provides for Te Hauturu-o- Toi/Little Barrier Island gift area, less the 1.2 hectares discussed be- low, to be vested in the post-settlement governance entity, and for that vested property to be gifted back to the people of New Zealand after seven days.
The remaining 1.2 hectares’ fee simple estate would remain vested in the trustees of Ngāti Manuhiri.

Clauses 84 to 96 of the bill provide for co-governance, with the governance entity to be involved with the conservation management plan for Te Hau- turu-o-Toi/Little Barrier Island (less the 1.2 hectares).

We have considered the adequacy of the bill in acknowledging the mana whenua of other groups to Te Hauturu-o-Toi.
We are aware of concern that the bill could enable Ngāti Manuhiri to limit access to Te Hauturu-o-Toi, and to prevent Ngāti Wai and other iwi with interests from influencing the management of the island.

We have been given an assurance that this is not the intent or the likely effect of the bill.
Commentary Ngāti Manuhiri Claims Settlement Bill 3 Co-governance arrangements We are of the view that clause 83(3) of the bill, which acknowledges “the area’s other former owners of Ngāti Rehua and Ngāti Wai de- scent” is not sufficient.

The drafting of the co-governance provisions is prescriptive, following the Conservation Act 1987.

However, as introduced the bill does not contemplate adequately the possibility of other iwi groups becoming involved in future co-governance ar- rangements.
We note that Ngāti Manuhiri intends to work with Ngāti Wai and Ngāti Rehua in the development of a conservation plan.

Clarification of redress We understand that the bill would not convey redress exclusively to Ngāti Manuhiri.

As a result of our consideration, we recommend a new clause 96A to make it clear that the bill would not prevent future Treaty settlements from providing for co-governance ar- rangements of Te Hauturu-o-Toi involving other iwi.
This proposed amendment has been agreed to by the parties to the settlement.

We also understand that the Crown and Ngāti Manuhiri have agreed a deed to amend the deed of settlement to include a qualification to the same effect.

Ngātiwai Trust Board Ngāti Wai does not yet have a body with a Crown-recognised man- date for the purposes of Treaty settlement negotiations; the Ngāti- wai Trust Board is recognised, however, as the body that represents the interests of the Ngāti Wai community.
Ngāti Manuhiri have a representative on the Ngātiwai Trust Board, as they have done for the past 70 years.

We understand that the Ngātiwai Trust Board has formally expressed its support for the bill, but we are aware of spe- cific concerns pertaining to the Trust Board’s mandate to consult and express the support of Ngāti Wai as a whole for the settlement of Ngāti Manuhiri’s historical claims.
We consider that concern has largely stemmed from anxiety that the bill might confer exclusive mana whenua over Te Hauturu-o-Toi and also extinguish the histor- ical claims of Ngāti Wai.

The intent of clause 13 of the bill is that only the historical claims of Ngāti Manuhiri would be settled.
4 Ngāti Manuhiri Claims Settlement Bill Commentary Conflicts of interest We are aware of concern about a potential conflict of interest as the chair of the Ngātiwai Trust Board is also on the board of the Manuhiri Ōmaha Kaitiakitanga Ora (MOKO) Trust, which was the body recog- nised by the Crown as mandated to negotiate the Treaty settlement provided for in this bill.

The two bodies also employ the same legal counsel.


We are assured that there is no conflict of interest, and that the dual roles have been made plain to the community.

The close links between Ngāti Wai and Ngāti Manuhiri are well known and there are a number of people who are affiliated to both.

Special General Meeting We heard that the Ngātiwai Trust Board held a special general meet- ing on 31 March 2012.
At this meeting a motion was passed op- posing the inclusion of Te Hauturu-o-Toi in Ngāti Manuhiri’s deed of settlement.

The board considered the motion on 13 April and it was lost on a vote.

The Ngātiwai Trust Board’s deed confers a wide discretion on the trustees and does not require trustees to act upon resolutions passed at a special general meeting.

We do not consider that the Ngātiwai Trust Board has acted inappropriately.
Consultation and ratification processes Consultation with Ngāti Wai We heard that some members of Ngāti Wai felt that the Crown had not consulted them adequately regarding the settlement with Ngāti Manuhiri.

The Crown engaged with Ngāti Wai in a number of ways throughout the negotiation and settlement with Ngāti Manuhiri, and we understand that there were a number of discussions about the settlement between Ngāti Manuhiri representatives, the Ngātiwai Trust Board, and various Ngāti Wai members.
We note also that the inclusion of Te Hauturu-o-Toi as cultural redress was signalled publicly when the Agreement in Principle was agreed in 2009 and again when the Deed of Settlement was initialled in 2011.

Post-settlement governance entity We heard from a small number of Ngāti Manuhiri members who were concerned about the structure of the post-settlement governance en- Commentary Ngāti Manuhiri Claims Settlement Bill 5 tity.
The standard consultation and ratification processes were under- taken for the acceptance of the deed of settlement and the establish- ment of the post-settlement governance entity.

We note that the Wai- tangi Tribunal found no fault with the structure of the post-settle- ment governance entity and has declined two applications for urgent hearings on the adequacy of the Manuhiri Ōmaha Kaitiakitanga Ora Trust’s mandating processes.
We are confident that the process for the finalisation of Ngāti Manuhiri’s settlement has been robust and transparent; in this we are guided by the findings of the Tribunal and the consistency of the processes employed by the MOKO Trust with Crown policy.

Te Uri o Maki We heard objection to the settlement on the grounds that it does not provide fairly for Te Uri o Maki, and particularly the descendants of Maki’s eldest son, Maraeariki.
Members of Te Uri o Maki told us that their Waitangi Tribunal claim, Wai 2181, would be settled by the bill without their consent.

We note that the bill would settle only the aspects of Wai 2181 that relate to the descendants of Manuhiri.

The bill would not prevent Te Uri o Maki claimants who are descended from Ngāwhetu from participating in the Ngāti Whātua o Kaipara settlement.
Meaning of historical claims We recommend an amendment to clause 13 of the bill to make it clear that with respect to Wai 1811, the bill would settle only the historical claims of Ngāti Manuhiri, and would not extinguish the more generic element of the claim.

Legal description of statutory areas We recommend an amendment to Schedule 1 to include the indi- vidual names of the three lakes that constitute the Ngāroto Lakes: Slipper Lake, Spectacle Lake and Tomarata Lake.
Legal description of cultural redress properties We also recommend an amendment to Schedule 3 to correct the area of the Leigh Recreation Reserve site following a survey of the area.

6 Ngāti Manuhiri Claims Settlement Bill Commentary Definition of Ngāti Manuhiri Settlement Trust We recommend an amendment to the definition of the Ngāti Manuhiri Settlement Trust in clause 11, to make it clear that this term means the trust with that name established by a deed of trust dated 5 December 2011.
Commentary Ngāti Manuhiri Claims Settlement Bill 7 Appendix Committee process The Ngāti Manuhiri Claims Settlement Bill was referred to the committee on 8 March 2012.

The closing date for submissions was 18 April 2012.

We received and considered 100 submissions from interested groups and individuals.

We heard 13 submissions at a hearing in Leigh.

We received advice from the Office of Treaty Settlements.
Committee membership Hon Tau Henare (chairperson) Te Ururoa Flavell Hone Harawira Brendan Horan Hon Parekura Horomia Katrina Shanks Rino Tirikatene Metiria Turei Louise Upston Nicky Wagner Louisa Wall Jonathan Young Te Pire Whakataunga i ngā Kerēme a Ngāti Manuhiri Pire Kāwanatanga Tērā nā te Komiti Māori i whakatakoto Ngā Kōrero Tūtohutanga Kua āta tirohia e te Komiti Whiriwhiri Take Māori Te Pire Whakataunga i ngā Kerēme a Ngāti Manuhiri me tana tūtohu kia whakaaetia i te taha o ngā whakatikatika kua oti te whakaatu.
Kupu Whakataki Ka whakamana Te Pire Whakataunga i ngā Kerēme a Ngāti Manuhiri i te whakaaetanga whakataunga i uru atu rā te Karauna me Ngāti Manuhiri ki roto i te 21 o Haratua 2011, mō te whakataunga oti atu o ngā kerēme o neherā mō ngā whatinga o Te Tiriti o Waitangi.

E mau ana hoki i roto i te pire ngā whākinga me te whakapāha i hoatu e te Karauna ki a Ngāti Manuhiri.

Kei roto i te pire aua wāhanga whakatika hapa anake i te mōk- ihi whakataunga ka hiahiatia rā he whakamanatanga ā-ture.
Whakatakoto ai te katoa o te te whakaaetanga whakataunga i whakatika hapa i hoatu ki a Ngāti Manuhiri, hei whakataunga i ōna kerēme Tiriti o Waitangi hītori katoa.

6—2 10 Te Pire Whakataunga i ngā Kerēme a Ngāti Manuhiri Ngā Kōrero Ko Ngāti Manuhiri aua hunga takitahi i heke mai i a Manuhiri, te tama mātāmua a Maki, otirā, a rātou mā i whakamahi i ō rātou tika tukunga iho i te pānga wāhi o Ngāti Manuhiri, mai anō i te 6 o Hui-tanguru i te tau 1840.
Noho uri ai a Ngāti Manuhiri mā roto i a Maki, mā roto hoki i te whakaminenga o Kawerau, ā, he tata hoki ōna hononga whakapapa ki a Ngāti Wai.

Haere ai te pānga wāhi o Ngāti Manuhiri i te taha tai rāwhiti o Tā- maki-makau-rau ki te raki, atu i Bream Tail ki Whangaparāoa, ā, kei roto hoki Te Hauturu-o-Toi.

Ki tō mātou mōhio, he hononga whakapapa katoa tō Ngāti Manuhiri, Ngāti Wai, Ngāti Rehua hoki ki Te Hauturu-o-Toi.
Ahakoa tō mātou whakamihi, kua mahi a Ngāti Manuhiri i te taha o te Karauna ki te whakatatū take e pā ana ki ngā kerēme inaki, ka noho māharahara tonu mātou, kīhai ngā pānga tuari nei i te taha o Ngāti Wai me Ngāti Rehua i āta whakaaturia paingia i taua pire i whakaurua rā.
Nā reira, ka tūtohu whakatikatika mātou kia āta kitea ai, ka whakaaturia e te pire te tūpono whai wāhi mai o ētahi atu iwi i te mahi whakatika hapa e pā ana ki te whakahaere tiaki kaupapa-tahi mō Te Hauturu-o-Toi, i raro whakataunga Tiriti kei mua i te aroaro.

Ka kapi ai te toenga o ā mātou kōrero e ētahi atu whakatikatika ka tūtohungia e mātou ki te pire, ā, me ngā take whakataunga ka whakaaroarohia e mātou.
Te Hauturu-o-Toi I rongo whakahēnga kōrero mautohenga mātou ki te whakataunga, otirā, tērā e pā pū ana ki Te Hauturu-o-Toi.

Hoatu wāhi ai a rara 83 o te pire mō te takiwa takoha o Te Hauturu-o-Toi, iti iho i ngā heketea e 1.2 kua matapakia i raro iho nei, kia tukua ki te hinonga whakahaere tiaki kaupapa mō te whakataunga-whai muri, ā, mō taua pito whenua tukunga ka takongahia, kia whakahokia anōtia ki ngā tāngata o Aotearoa, ka hipa ana ngā rā e whitu.
Nā, mō te pānga angiangi o ngā heketea e 1.2 ka toe mai, ka noho tukunga tonu ki ngā kaitiaki o Ngāti Manuhiri.

Hoatu wāhi ai ngā rara atu i te 84 ki te 96 o te pire mō te whakahaere tiaki kaupapa-tahi, ā, me te whai wāhi hoki o te hinonga whakahaere tiaki kaupapa-tahi, i te mahere whakahaerenga atawhai whenua mō Te Hauturu-o-Toi (me te kore o ngā heketea e 1.2).

Kua whakaaroarohia e mātou te rawakatanga o te pire ki te whaka- manako i te mana whenua o ētahi atu kohinga ki Te Hauturu-o-Toi.
Ngā Kōrero Te Pire Whakataunga i ngā Kerēme a Ngāti Manuhiri 11 Kei te mārama mātou ki te māharahara, mā te pire nei e kaha ai a Ngāti Manuhiri ki te whakawāiti i te urunga atu ki Te Hauturu-o-Toi, ā, me te kati atu ai i a Ngāti Wai me ētahi atu iwi whai pānga ki te whakaawe i te whakahaerenga o te motu.

Kua hōmai te kōrero whakatūturu ki a mātou, ehara tēnei i te koronga o te pire, i te tūpono tukinga rānei o te pire.
Ngā whakaritenga mō te whakahaere tiaki kaupapa-tahi Ki a mātou nei, kāore i rawaka rawa a rara 83(3) o te pire, tērā i whakaae ai, “ngā rangatira o mua i heke mai i a Ngāti Rehua me Ngāti Wai o te wāhi”.

Whai atu ana i Te Ture Papa Whenua o te tau 1987, he whakahau rawa te āhua o te whakahukihukitanga mō ngā ritenga whakahaere tiaki kaupapa-tahi.
Heoi anō rā, pērā ki tērā i whakaurua, kāore i rahi rawa te aro a te pire i te tūpono whai wāhitanga o ētahi atu kohinga iwi ā tōna wā, i roto whakaritenga mō te whakahaere tiaki kaupapa-tahi.

Kua kite atu mātou i te hiahia o Ngāti Manuhiri ki te mahi i te taha o Ngāti Wai me Ngāti Rehua ki te whakahiato mahere atawhai whenua.

Whakamāramatanga mō te whakatika hapa Kei te mōhio mātou, kīhai te pire e hoatu whakatika hapa oti atu ki a Ngāti Manuhiri.
Nā runga i tā mātou whakaaroarohanga, ka tūtohu rara hou 96A mātou kia mārama ai te kite mai, kīhai te pire e aukati whakataunga Tiriti kei mua i te aroaro, ā, me te hōmai whakaritenga hoki e pā ana ki te whakahaere tiaki kaupapa-tahi i te taha o ētahi atu iwi mō Te Hauturu-o-Toi.

Kua whakaaetia te whakatikatika e whakaaroatia ake nei e ngā taha ki te whakataunga.

Ki tō mātou mōhio hoki, kua whakaae te Karauna me Ngāti Manuhiri ki te whakatika i te whakaaetanga whakataunga, kia whakaurua atu he tohu pērā.
Te Poari Poutiaki o Ngātiwai Kāore he rangatōpū a Ngāti Wai e whai mana kōkiri ana kei te mōhi- otia e te Karauna i te wā nei mō ngā take whiriwhiringa whakataunga Tiriti; heoi, ko tērā e mōhiotia ana e te Karauna, ko Te Poari Poutiaki o Ngātiwai te rangatōpū māngai o ngā pānga mō te hapori o Ngāti Wai, mai anō i ngā tau e 70 ki muri, Ki tō mātou mōhio, he ōkawa te whakapuaki a Te Poari Poutiaki o Ngātiwai i tōna tautoko mō te 12 Te Pire Whakataunga i ngā Kerēme a Ngāti Manuhiri Ngā Kōrero pire engari, e mārama ana mātou ki ngā māharahara pū e pā ana ki te mana kōkiri o Te Poari Poutiaki mō te whakawhitiwhiti whakaaro, mō te whakapuaki tautoko hoki mō te katoa o Ngāti Wai e pā ana ki te whakataunga o ngā kerēme hītori a Ngāti Manuhiri.
Ki a mātou nei, ko te nuinga o te mānukanuka i ahu mai i te mahara, ka whakamaua pea e te pire te mana whenua ki runga anake i a Te Hauturu-o-Toi, ā, ka whakatineia hoki ngā kerēme hītori a Ngāti Wai.

Ko te koronga a rara 13 o te pire, ko ngā kerēme hītori anake a Ngāti Manuhiri ka whakatatūngia.
Ngā papā o te pānga I te mārama mātou mō te māharahara e pā ana ki tētahi papā ka tūpono puta ake pea nā te mea, ko te heamana o Te Poari Poutiaki o Ngāti- wai kei runga anō hoki i te poari o Te Poutiaki o Manuhiri Ōmaha Kaitiakitanga Ora (arā, a MOKO).

Ko tērā hoki te rangatōpū kei te mōhiotia e te Karauna, kei a ia te mana kōkiri kua hoatu e te pire nei ki te whiriwhiri whakataunga Tiriti.

He rite anō hoki te rōia a ngā rangatōpū e rua nei.
Ko te kupu whakatūturu i a mātou, kīhai he papā o te pānga, ā, kua āta whakamāramahia paingia ngā tūranga tōrua nei ki te hapori.

Kei te mōhiotia paingia ngā hononga tata i waenganui i a Ngāti Wai me Ngāti Manuhiri, ā, me te huhua anō hoki o rātou nō ngā iwi e rua nei.
Hui Whānui Motuhake I rongo mātou, i whakatūria e Te Poari Poutiaki o Ngātiwai, tē- I taua tahi hui whānui motuhake i te 31 o Poutū-te-rangi 2012. hui, ka whakaaetia he mōtini whakahē hei whakauru i Te Hau- turu-o-Toi ki roto i te whakaaetanga whakataunga a Ngāti Manuhiri.

I whakaaroarohia te mōtini e te poari i te 13 o Paenga-whāwhā, ka pōtingia, ā, ka hinga mā tētahi pōti.
E ai ki te whakaaetanga a Te Poari Poutiaki o Ngātiwai, he whānui te hiahiatanga ka tukua e taua whakaaetanga ki runga i ngā kaitiaki, ā, kīhai hoki e whakahau kia whaitia ake, he whakataunga i whakaaetia i tētahi hui whānui motuhake.

Ki a mātou nei, kāore te mahi a Te Poari Poutiaki o Ngātiwai i hē.
Ngā Kōrero Te Pire Whakataunga i ngā Kerēme a Ngāti Manuhiri 13 Hātepe rūnangatanga whakaaro, hātepe whakatūturutanga Rūnangatanga whakaaro i te taha o Ngāti Wai I rongo mātou, e ai ki ētahi o Ngāti Wai, kīhai i rahi rawa te rū- nangatanga whakaaro a te Karauna i tō rātou taha e pā ana ki te whakataunga me Ngāti Manuhiri.
Puta noa i te whiriwhiringa me te whakataunga i te taha o Ngāti Manuhiri, he huhua noa atu ngā huarahi i mahitahi ai i te taha o te Karauna me Ngāti Wai, ā, ki tō mātou mōhio, arā noa atu te huhua o ngā matapakinga mō te whakataunga i waenganui i ngā māngai a Ngāti Manuhiri, i te taha o Te Poari Pouti- aki o Ngātiwai, ā, i waenganui hoki i ēnā, me ērā o Ngāti Wai.
Kua kite hoki mātou, i tohungia ki te iwi whānui te whakaurunga o Te Hauturu-o-Toi, hei mea whakatika hapa tikanga tuku iho i te wā i whakaaetia ai te Whakaaetanga Mātāpono i te tau 2009, ā, anō hoki i te whakaretahanga o te Whakaaetanga Whakataunga i te tau 2011.

Hinonga whakahaere tiaki kaupapa mō te whakataunga-whai muri I rongo kōrero mātou mai i ētahi tāngata torutoru nei o Ngāti Manuhiri mō tō rātou māharahara e pā ana ki te hanga o te hinonga whakahaere tiaki kaupapa mō te whakataunga-whai muri.
Ka whakahaerea he hātepe whakawhitinga whakaaro, whakatūturutanga hoki ki tētahi taumata noa mō te manakohanga i te whakaaetanga whakataunga, me te whakaūtanga o te hinonga whakahaere tiaki kaupapa mō te whakataunga-whai muri.
Kua kite mātou, kīhai he hapa i kitea e Te Rōpū Whakamana i Te Tiriti o Waitangi e pā ana ki te hanga o te hinonga whakahaere tiaka kaupapa mō te whakataunga-whai muri, ā, e rua ngā tono i makaia e ia ki waho mō ngā whakawātanga kaikā, e pā ana ki te pai rawa o ngā hātepe whakamanatanga a Te Poutiaki o Manuhiri Ōmaha Kaitiakitanga Ora.
Ngākau titikaha ana hoki mātou, he pakari, he mārama hoki te hātepe mō te whakaotinga o te whakataunga a Ngāti Manuhiri; waihoki, nā ngā whakataunga o te Taraipiunara mātou i ārahi i tēnei āhuatanga, ā, nā te rite hoki o ngā hātepe i whakamahia e Te Poutiaki o MOKO, me te kaupapa here hoki a te Karauna.
14 Te Pire Whakataunga i ngā Kerēme a Ngāti Manuhiri Ngā Kōrero Te Uri o Maki I rongo whakahēnga mātou ki te whakataunga nā runga i te take, kāore te wāhi i hoatu mā Te Uri o Maki i tōkeke, otirā, mā ngā uri whakaheke o te tama mātāmua a Maki, a Maraeariki.

I kī mai ētahi o Te Uri o Maki ki a mātou, kīhai tā rātou kerēme ki Te Rōpū Whaka- mana i te Tiriti o Waitangi, arā, a Wai 2181, e whakatatūngia e te pire ki te kore rātou e whakaae.
Ko tērā kua kite mātou, ko ngā āhuatanga anake o wai 2181 e pā ana ki ngā uri whakaheke o Manuhiri, ko ērā anake ka whakatatūngia e te pire.

Kāore nga kaikerēme o Te Uri o Maki i heke iho i a Ngāwhetū, e katia atu e te pire kia whai wāhi ai i roto i te whakataunga a Ngāti Whātua o Kaipara.
Te tikanga o ngā kerēme hītori Ka tūtohu whakatikatika mātou ki rara 13 o te pire kia mārama ai te kitea atu, ka whakatatūngia e te pire ngā kerēme hītori anake a Ngāti Manuhiri e pā ana ki a Wai 1811, ā, kīhai te āhuatanga kano kē atu o te kerēme e whakatineia.

Whakaahuatanga ā-ture o ngā takiwā ā-ture Ka tūtohu whakatikatika mātou ki Pukapuka Āpiti 1 kia uru atu ai ngā ingoa takitahi o ngā roto e toru e kīia nei, ko ngā Roto o Ngāroto; arā, a Roto Slipper, a Roto Spectacle, a Roto Tomarata hoki.
Whakaahuatanga ā-ture o ngā pito whenua he whakatika hapa tikanga tuku iho kei runga Ka tūtohu whakatikatika hoki mātou ki Pukapuka Āpiti 3 hei whakatika i te takiwā o te tūnga Whenua Rāhui Hākinakina o Leigh whai muri i tētahi rūrihanga o te takiwā.
Whakamāramatanga o Te Poutiaki Whakataunga a Ngāti Manuhiri Ka tūtohu whakatikatika mātou ki te whakamāramatanga o Te Pouti- aki Whakataunga o Ngāti Manuhiri i rara 11, kia mārama ai te kitea mai, ka pā te tikanga o tēnei kīanga ki te poutiaki i a ia taua ingoa i te whakaūtanga e tētahi whakaaetanga poutiaki i te 5 o Hakihea 2011.
Ngā Kōrero Te Pire Whakataunga i ngā Kerēme a Ngāti Manuhiri 15 Tāpiritanga Hātepe o te komiti Nō te 8 o Poutū-te-rangi 2012 te Pire Whakataunga i ngā Kerēme a Ngāti Mākino i tonoa ki te komiti.

Ko te 18 o Paenga-whāwhā 2012 te rā kati mō ngā tāpaetanga.

E 100 rau ngā tāpaetanga a ngā kohinga whai pānga me te hunga takitahi i whiwhi, i whakaaroarohia e mātou.

E 13 ngā tāpaetanga i rongo mātou i tētahi whakawātanga i Leigh.
I whiwhi whakamaherehere mātou mai i Te Tari Whakatau Take e pā ana ki Te Tiriti o Waitangi.
Ko ngā mema o te komiti, ko Hōnore Tau Hēnare (heamana) Te Ururoa Flavell Hone Harawira Brendan Horan Hōnore Parekura Horomia Katrina Shanks Rino Tirikātene Mētīria Tūrei Louise Upston Nicky Wagner Louisa Wall Jonathan Young Ngāti Manuhiri Claims Settlement Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Christopher Finlayson Ngāti Manuhiri Claims Settlement Bill Government Bill Contents Title Commencement Part 1 Preliminary provisions and settlement of historical claims Purpose of Act Provisions take effect on settlement date Act binds the Crown Outline Acknowledgements and apology of the Crown Acknowledgements and apology Text of acknowledgements Text of apology Interpretation Interpretation of Act generally Interpretation Meaning of Ngāti Manuhiri Meaning of historical claims Settlement of historical claims Settlement of historical claims final Amendment to Treaty of Waitangi Act 1975 6—2 Page Ngāti Manuhiri Claims Settlement Bill Protections no longer apply Certain enactments do not apply Removal of memorials Other matters Rule against perpetuities does not apply Access to deed of settlement Part 2 Cultural redress Subpart 1—Protocols General provisions Issue, amendment, and cancellation of protocols Protocols subject to rights, functions, and obligations Enforceability of protocols Limitation of rights Noting of conservation and Crown minerals
 protocols Noting of conservation protocol Noting of Crown minerals protocol Subpart 2—Statutory acknowledgement and deed of recognition Statutory acknowledgement Interpretation 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 Historic Places Trust and Environment Court to have regard to statutory acknowledgement Recording statutory acknowledgement on
 statutory plans Provision of summaries or notices of certain applications to trustees Use of statutory acknowledgement Trustees may waive rights Application to river or stream Deed of recognition Issue and amendment of deed of recognition Ngāti Manuhiri Claims Settlement Bill General provisions Exercise of powers and performance of functions and duties Rights not affected Limitation of rights Amendment to Resource Management Act 1991 Subpart 3—Whenua rāhui Interpretation Declaration of whenua rāhui Acknowledgement by the Crown of statement of Ngāti Manuhiri values Purposes of whenua rāhui Agreement on protection principles New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters New Zealand Conservation Authority and Conservation Boards to consult trustees Conservation management strategy Noting of whenua rāhui Notification in Gazette Actions by Director-General Amendment to strategy or plan Regulations Bylaws Existing classification of whenua rāhui sites Termination of whenua rāhui Exercise of powers and performance of functions and duties Rights not affected Limitation of rights Subpart 4—Vesting of cultural redress properties Interpretation Mount Tamahunga summit site Leigh Recreation Reserve site Pākiri Domain Recreation Reserve site Pākiri Block conservation area Pākiri riverbed site Te
 Maraeroa Ngāti Manuhiri Claims Settlement Bill Subpart 5—General provisions relating to vesting of cultural redress properties General provisions Properties vest subject to, or together with, interests Registration of ownership Application of Part 4A of Conservation Act 1987 Recording application of Part 4A of Conservation Act
 1987 and sections of this Act Application of other enactments Provisions relating to reserve sites Application of Reserves Act 1977 to reserve sites Subsequent transfer of reserve site No mortgage of reserve land Saving of bylaws, etc, in relation to reserve sites Names of Crown protected areas and reserve sites Subpart 6—Geographic names Interpretation New names of features Publication of new names Alteration of new names Name changes for Crown protected areas 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Subpart 7—Vesting and gifting back of Te Hauturu-o-Toi / Little Barrier Island gift area 83 Vesting and gifting back of area Subpart 8—Co-governance of Te Hauturu-o-Toi / Little Barrier Island gift area Interpretation Process for preparation and approval of Hauturu plan Preparation of draft plan Notification of draft plan Submissions on draft plan Hearing of submissions Revision of draft plan Referral of draft plan to Conservation Authority and Minister Approval of draft plan Referral of disagreement to Conservation Authority Mediation of disagreement Review of Hauturu plan Amendment of Hauturu plan Ngāti Manuhiri Claims Settlement Bill 96A Involvement of other iwi Subpart 9—Removal of stones from Te Hauturu-o-Toi / Little Barrier Island gift area for cultural purposes Interpretation Stones may be removed with written authorisation Conditions
 of removing stones Disputes Part 3 Commercial redress Subpart 1—Transfer of commercial redress properties The Crown may transfer properties Registrar-General to create computer freehold register Application of other enactments Subpart 2—Licensed land Licensed land ceases to be Crown forest land Trustees confirmed beneficiaries and licensors in relation to licensed land Subpart 3—Right of access to protected sites Interpretation Right of access to protected site Right of access subject to Crown forestry
 licence Notation on computer freehold register Subpart 4—Right of first refusal in relation to RFR land Interpretation Interpretation Meaning of RFR land Specified RFR property may cease to be RFR land 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Restrictions on disposal of RFR land 113 Restrictions on disposal of RFR land Trustees’ right of first refusal Requirements for offer 114 Expiry date of offer 115 116 Withdrawal of offer Acceptance of offer 117 Formation of contract 118 Disposals to others where land remains RFR land 119 Disposals to the Crown or Crown bodies 63 63 63 64 64 65 65 66 66 67 68 68 69 69 69 70 71 71 72 72 73 73 73 73 5 Ngāti Manuhiri Claims Settlement Bill 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Disposals of existing public works to local authorities Disposals of reserves to administering bodies Disposals to others where land may cease to be RFR land Disposals in accordance with enactment or rule of law Disposals in accordance with legal or equitable obligation Disposals by the Crown under certain legislation Disposals of land held for public works Disposals for reserve or conservation purposes Disposals for charitable purposes Disposals to tenants RFR landowner’s obligations subject to other things Notices Notice of RFR land with computer register after settlement date Notice to trustees of disposals of RFR land to others Notice of land ceasing to be RFR land Notice requirements Memorials for RFR
 land Recording memorials on computer registers for RFR land Removal of memorials when land ceases to be RFR land Removal of memorials when RFR period ends General provisions 137 Waiver and variation 138 139 Disposal of Crown bodies not affected Assignment of rights and obligations under this subpart Schedule 1 Statutory areas Schedule 2 Whenua rāhui sites Schedule 3 Cultural redress properties Schedule 4 Notices in relation to RFR land 74 74 74 75 75 75 76 76 76 76 77 77 78 78 79 79 80 81 81 81 83 84 85 87 6
 Ngāti Manuhiri Claims Settlement Bill Part 1 cl 6 The Parliament of New Zealand enacts as follows: 1 2 3 4 (1) (2) 5 6 (1) (2) Title This Act is the Ngāti Manuhiri Claims Settlement Act 2012.
Commencement This Act comes into force on the day after the date on which 5 it receives the Royal assent.

Part 1 Preliminary provisions and settlement of historical claims Purpose of Act The purpose of this Act is to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Manuhiri.

10 Provisions take effect on settlement date The provisions of this Act take effect on the settlement date 15 unless a provision states otherwise.
Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required— (a) (b) for the provision to have full effect on that date; or for a power to be exercised, or for a duty to be per- formed, under the provision on that date.

20 Act binds the Crown This Act binds the Crown.

Outline This section is a guide to the overall scheme and effect of this Act.
It does not affect the interpretation or application of the other provisions of this Act or the deed of settlement.
This Part— (a) states the purpose of this Act; and 25 30 7 Part 1 cl 6 Ngāti Manuhiri Claims Settlement Bill (b) (c) (d) (e) (f) (g) (h) (i) (j) (b) (c) (d) (e) 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 records the acknowledgements made and the apology 5 given by the Crown in the deed of settlement; and defines terms used in this Act, including key terms such as Ngāti Manuhiri and historical claims; and provides that the settlement of the historical claims is final; and provides for the effect of the settlement on the jurisdic- tion of a court, tribunal, or other judicial body in respect of the historical claims; and provides for consequential amendments to the Treaty of Waitangi Act 1975; and provides for the effect of the settlement on certain me- morials recorded on computer registers; and provides for the exclusion of the law against perpetu- ities; and provides for access to the deed of settlement.
15 20 10 25 the requirement for the responsible Ministers of the Crown to issue to the trustees of the Ngāti Manuhiri Settlement Trust a conservation protocol, a Crown minerals protocol, and a taonga tūturu protocol; and a statutory acknowledgement by the Crown of the state- ments made by Ngāti Manuhiri of their cultural, spirit- ual, historical, and traditional associations with certain statutory areas; and the requirement for the Crown to issue a deed of recog- 30 nition to the trustees; and the application of a whenua rāhui to certain whenua rāhui sites by the Crown’s acknowledgement of the values of Ngāti Manuhiri in relation to the relevant sites; and the vesting of certain cultural redress properties in the trustees or, for Te Maraeroa, in Rahui Te Kiri with the trustees administering the property; and 35 (k) Part 2 provides for cultural redress, including— (a) (3) 8 Ngāti Manuhiri Claims Settlement Bill Part 1 cl 7 (i) (f) (h) (g) the assignment and alteration of geographic names for certain geographic features; and the vesting of the Te Hauturu-o-Toi / Little Barrier Is- land gift area in the trustees, before the gift area is vested back in the Crown as a gift back to the Crown by the 5 trustees for the people of New Zealand; and the co-governance of the Te Hauturu-o-Toi / Little Bar- rier Island gift area by the trustees and the relevant Con- servation Board; and provision for members of Ngāti Manuhiri to remove 10 stones by hand from the Te Hauturu-o-Toi / Little Bar- rier Island gift area for cultural purposes.
Part 3 provides for commercial redress, including— (a) the transfer of commercial redress properties (including the licensed land) to the trustees to give effect to the 15 deed of settlement; and provision for a right of access to certain protected sites on the licensed land; and a right of first refusal in relation to RFR land that may be exercised by the trustees.
There are 4 schedules, as follows: (a) Schedule 1 describes the statutory areas to which the statutory acknowledgement relates and, in one case, for which a deed of recognition is issued: Schedule 2 describes the whenua rāhui sites to which 25 the whenua rāhui applies: Schedule 3 describes the cultural redress properties: Schedule 4 sets out provisions that apply to notices given in relation to RFR land.
(b) (c) (d) (b) (c) 20 (4) (5) Acknowledgements and apology of the Crown 30 7 (1) (2) Acknowledgements and apology Sections 8 and 9 record in te reo Māori and in English the text of the acknowledgements made and the apology given by the Crown to Ngāti Manuhiri in the deed of settlement.
The acknowledgements and apology are to be read together 35 with the historical account of the relations between Ngāti 9 Part 1 cl 8 Ngāti Manuhiri Claims Settlement Bill Manuhiri and the Crown set out in part 2 of the deed of settlement.

8 Text of acknowledgements Whakaaetanga (1) Ka whakaaetia e te Karauna i hē te whakatutuki i ngā aurere- 5 tanga o Ngāti Manuhiri nō mai rā anō i runga i te tika me te pono ā, kua roa rawa te whakaaetanga me te whakatutukitanga o ēnei nawe.
(2) Ka whakaaetia e te Karauna, nā te hokonga o te rohe whānui rawa e kīia ana “ko Mahurangi me Ōmaha” i te tau 1841, i 10 takahi ai te Tiriti o Waitangi me ōna mātāpono: (a) nā te kore whakahaere uiuitanga i ngā mana tuku iho i te wā i hokona ai ēnei whenua; nā te hokonga o ēnei whenua me te kore aronga atu me te whakaaetanga kore o Ngāti Manuhiri; ā nā te kore tuku kamupeniheihana e tika ana me te kore whakarato whenua rāhui hei whakamahinga, hei oranga anō mō Ngāti Manuhiri ā muri ake, ka mārama ana ki ō rātou pānga ki te rohe i hokona ai.
(b) (c) 15 20 (3) Ka whakaaetia anōtia e te Karauna: (a) Kikī ana ngā whenua o “Mahurangi me Ōmaha” i ngā rawa rākau nui te uaratanga, tae atu ki ngā ngahere kauri me te āheinga ngāwari ki te takutai; (b) Nā ngā tikanga whakahaere i tuku whenua atu ai te Ka- (c) (d) rauna ki ngā kainoho whenua ki roto i te rohe hoko, 25 tae atu ki ngā “kerēme whenua o mua” i nui ake ai te whakawā wawe i puta mai i te whakaritenga o 1841; Nōna te hapa mō te kore i āta rurihia, i āta tautihia rānei te hokonga o “Mahurangi me Ōmaha” ā, nā tēnei aronga kore me te tikanga raihana rākau a te Karauna i muri 30 mai, ka pā te āwangawanga me te manawa pōuri ki a Ngāti Manuhiri; I te wā i whakaaetia ai e te Karauna ngā pānga o Ngāti Manuhiri ki ēnei whenua, kua nuku kē ngā kainoho whenua ki roto i te rohe ā, ko te mutunga kē, kāhore 35 he huarahi e wātea ana ki a Ngāti Manuhiri i tua atu i te whakaaetanga ki te kamupeniheihana me ngā whenua rāhui itiiti nei; ā 10 Ngāti Manuhiri Claims Settlement Bill Part 1 cl 8 (e) Ka whakaritea hokonga anō mai i te tau 1853 i inaki atu ai ki ngā whenua o “Mahurangi me Ōmaha” ā, he paku noa iho te moni i utua mō aua whenua.
(4) Ka whakaetia e te Karauna te whakaritenga i roto i te to- huōkawa o Mangawhai i te tau 1854 kia “whakapauhia te 10 5 ōrau o ngā moni mai i te hokonga o tēnei poraka ….hei oranga mō ngā Māori” ā, ka tukuna he utu moni ki ngā kaihoko i te tau 1874.

Nō te Karauna anō te hapa mō tana kūaretanga ki te pupuri kōrero hāngai i muri i te tau 1874 ā, kāhore ngā kai- hoko i whiwhi painga tūturu e ai ki te whakaritenga “10 ōrau” 10 atu i tēnei tau.
(5) Ka whakaaetia e te Karauna nāna i whiu tētahi rangatira nō Ngāti Manuhiri mō tana muru i ngā kainoho whenua i Matakana nā te akiaki i a ia ki te tuku i ōna pānga ki ētahi whenua ki wāhi kē, ahakoa tōna hiahia kia puritia tonutia e ia 15 ā, he takahi tēnei i te Tiriti o Waitangi me ōna mātāpono.
(6) Ka whakaaetia e te Karauna, nā te whakahaere me te papānga o ngā ture whenua Māori, tae atu ki te tuku taitara ki ngā tāngata takitahi nō Ngāti Manuhiri, tēnā ki te iwi, ki te hapū rānei, i mōrearea ai te tapahi, te whakawehewehe me te rironga atu 20 o ēnei whenua ā, taro rawa ake ka kino anō te papānga ki a Ngāti Manuhiri.

Nā tēnei mahi āna, ka waimehatia anōtia ngā tikanga ā-iwi tuku iho o Ngāti Manuhiri.
Nō te Karauna anō te hapa mō te kore whakarato ōna i ngā kaupapa e noho haumaru ai ēnei tikanga ā, he takahi anō tērā i te Tiriti o Waitangi me 25 ōna mātāpono.

(7) Ka whakaaetia anōtia e te Karauna ngā utu teitei o roto i te tikanga tautuhi taitara a te Kōti Whenua Māori, tae atu ki ngā utu ā-rūri, ā-whakawā hoki, i riro whenua atu anō ai nō Ngāti Manuhiri.
30 (8) Ka whakaaetia e te Karauna te ngaronga atu o ngā wāhi tapu, tae atu ki ērā i hiahiatia ai e ngā rangatira o Ngāti Manuhiri te pupuri tonu ā, he kino tēnei mō te oranga ā-tikanga, ā-wairua o Ngāti Manuhiri.
(9) Ka whakaaetia e te Karauna nā tana hokonga o Hauturu: 35 (a) Ka whakamahia ōna mana whakatopatopa ki te aukati atu i ngā kaihoko tūmataiti ā, tē taea e ngā tāngata 11 Part 1 cl 8 Ngāti Manuhiri Claims Settlement Bill whenua te whakatupu whiwhinga moni mai i ngā rawa rākau o te motu; (b) Ka whiriwhiri kōrero ia me ngā kaipupuri hea takitahi (c) tēnā me ngā tāngata whenua hei rōpū tōpū; Ka whakatairangatia he hanganga ā-ture, te Little Bar- 5 rier Island Purchase Act 1894 ā, ka whakamahia e ia kia hokona heretia ngā hea o aua tāngata takitahi i whakahē ai ki te hoko; ā (d) Ka tūkinotia te mana o ngā uri nō Ngāti Manuhiri i te motu e noho ana, tae atu ki ngā tāngata i whakahē atu ki 10 te kamupeniheihana mō ō rātou hea i tangohia ai i raro i te Ture me tō rātou peitanga atu i te tau 1869.
Ka whakaaetia e te Karauna, kāhore i tika ngā āhuatanga i riro atu ai ki a ia te mana whakahaere o Hauturu ā, nā konā i takahi ai te Tiriti o Waitangi me ōna mātāpono.

15 (10) Ka whakaetia anōtia e te Karauna: (a) Nā te tikanga uiuitanga mō Hauturu i kino ai ngā whanaungatanga ki roto tonu i a Ngāti Manuhiri, ki waenganui rānei i a rātou me ō rātou kiritata ā-iwi; ā (b) Nā te rironga atu o te mana tangata whenua, me te 20 āheinga atu, ki Hauturu, he nawe tonu, he mamae nui anō ki a Ngāti Manuhiri.
(11) Ka whakaaetia e te Karauna te ngākaunui o Ngāti Manuhiri ki te whakaaetanga o te Karauna kia whakawhitia anōtia a Hau- turu, mā tēnei whakaritenga, ki a Ngāti Manuhiri me te takoha 25 atu o Ngāti Manuhiri i te motu ki te Karauna kia whakapū- mautia ai a Hauturu hei Rāhui Tāiao mō te painga o ngā iwi o Aotearoa.
(12) Ka whakaaetia e te Karauna i haere tonu tōna hokonga o ngā whenua i whakawākia i te Kōti Whenua Māori, ko ērā i pupuri 30 pānga ai a Ngāti Manuhiri tae atu ki ngā hokonga mai i te tamariki.
Ka whakaaetia anōtia e te Karauna tōna hapa ki te aroturuki i te papānga o ōna hokonga ki runga i ngā pānga whenua o Ngāti Manuhiri ā, hāunga anō ngā whakaritenga mārama o ngā whakakitenga o te Kōmihana Stout-Ngata i te 35 tau 1907, ka haere tonu tōna hokohoko whenua tae atu ki te po- raka whakamutunga e toe ana ki a rātou, arā, ko Pākiri Nama 1 tērā.
12 Ngāti Manuhiri Claims Settlement Bill Part 1 cl 8 (13) Ka whakaaetia e te Karauna, neke atu i te 1900 ngā uri o Ngāti Manuhiri i mahue mai hei tangata whenua kore ā, nō te Ka- rauna anō te hē ki te whakaū whenua e tika ana ki a Ngāti Manuhiri mō ō rātou hiahia o nāianei, ā ngā tau e heke mai ana ā, he takahi tērā i te Tiriti o Waitangi me ōna mātāpono.
5 Nā konā i raru ai te whakawhanaketanga ā-hapori, ā-ōhanga, ā-tikanga anō hoki o Ngāti Manuhiri hei iwi, i waimeha ai te āheinga o Ngāti Manuhiri ki te whakamarumaru, ki te whaka- haere hoki i ō rātou taonga tae atu ki te reo Māori, ki ō rātou wāhi tapu, ki te mau tonu i a rātou ō rātou hononga ki ō rā- 10 tou whenua tuku iho.

I tua atu, ka whakaaetia e te Karauna nā ēnei mahi āna ka kino rawa te papānga ki te oranga tonutanga o Ngāti Manuhiri i tēnei wā.
(14) Ka whakaaetia e te Karauna, nā runga i ngā kaupapa whakawhanake whenua, i ngaro atu ai ngā huarahi e taea ai 15 te noho ki runga me te whakamahi i ō rātou whenua ā, nā te whakawehewehenga o aua whenua ka puta he āhuatanga ōhanga kore ā, ka tautokona anōtia te rironga whenua atu anō.
(15) Ka whakaaetia e te Karauna ngā taumahatanga haere tonu o Ngāti Manuhiri ki te whakahaere i ngā whenua ruarua e toe 20 tonu ana, tae atu ki te tokomaha o ngā kaipupri pānga, ngā raru- raru āheinga me ngā uaratanga teitei ki runga i ō rātou whenua i te takutai, hāunga anō ngā aukatinga mō te whakawhanake- tanga.
(1) (2) 25 Acknowledgement The Crown acknowledges that it has failed to deal with the long-standing grievances of Ngāti Manuhiri in an appropriate way and that recognition, and provision of redress for these grievances is long overdue.
The Crown acknowledges that in purchasing the extensive 30 area called “Mahurangi and Ōmaha” in 1841 it breached the Treaty of Waitangi and its principles by— (a) failing to conduct any investigation of customary rights when it purchased these lands; and acquiring these lands without the knowledge and con- 35 sent of Ngāti Manuhiri; and failing to provide adequate compensation and reserves for the future use and benefit of Ngāti Manuhiri when it later learned of their interests in the purchase area.
(b) (c) 13 Part 1 cl 8 Ngāti Manuhiri Claims Settlement Bill The Crown further acknowledges that— (a) the “Mahurangi and Ōmaha” lands contained rich tim- ber resources including kauri forests and easy coastal access; and the process whereby the Crown granted land to settlers 5 within the purchase area, including “old land claims”, compounded the prejudice arising from the 1841 trans- action; and it failed to properly survey and define the “Mahurangi and Ōmaha” purchase and that this, together with the 10 Crown’s subsequent timber licensing regime, caused confusion and uncertainty for Ngāti Manuhiri; and by the time the Crown recognised Ngāti Manuhiri inter- ests in these lands settlers had begun to move into the area and Ngāti Manuhiri were left with no option other 15 than to accept compensation and inadequate reserves; and it carried out further purchases from 1853 that over- lapped with the “Mahurangi and Ōmaha” lands, and paid generally low prices for those lands.
20 (b) (c) (d) (e) The Crown acknowledges that the 1854 Mangawhai deed con- tained provision that “ten per cent of the proceeds of the sale of this block … is to be expended for the benefit of the Natives”, and that a payment was made to the vendors in 1874.

The Crown failed to keep adequate records after 1874 and the ven- 25 dors received no identifiable benefit under the “ten per cent” provision from that date.
The Crown acknowledges that it punished a Ngāti Manuhiri chief for his role in a muru (ritualised plunder for compen- sation) of settlers at Matakana by pressuring him to cede his 30 ancestral interests in land elsewhere that he wished to retain, and this was in breach of the Treaty of Waitangi and its prin- ciples.
The Crown acknowledges that the operation and impact of the native land laws, in particular the awarding of land title 35 to individual Ngāti Manuhiri rather than to the iwi or hapū, made those lands more susceptible to partition, fragmentation, and alienation, and that this had a detrimental effect on Ngāti Manuhiri.

This further contributed to the erosion of the trad- (3) (4) (5) (6) 14 (7) (8) (9) Ngāti Manuhiri Claims Settlement Bill Part 1 cl 8 itional tribal structures of Ngāti Manuhiri.
The Crown failed to take adequate steps to protect those structures and this was in breach of the Treaty of Waitangi and its principles.

The Crown further acknowledges that the Native Land Court title determination process carried significant costs, including 5 survey and hearing costs, which at times led to further alien- ations of Ngāti Manuhiri land.
The Crown acknowledges the loss of Ngāti Manuhiri wāhi tapu, including those that Ngāti Manuhiri rangatira wished to retain, and that this loss was prejudicial to Ngāti Manuhiri cul- 10 tural and spiritual well-being.
The Crown acknowledges that in acquiring Te Hauturu-o-Toi / Little Barrier Island it— (a) used monopoly powers to exclude private purchasers and prevent owners from generating revenue from the 15 timber resources of the island; and negotiated with individual share-holders rather than with the owners as a whole; and promoted special legislation, the Little Barrier Island Purchase Act 1894, and used it to compulsorily acquire 20 the shares of those individuals who refused to sell; and showed blatant disregard for those Ngāti Manuhiri resi- dent on the island, including persons who had refused to accept compensation for their shares taken under the Act, by forcibly evicting them in 1896.
25 (b) (c) (d) The Crown acknowledges that it acted in an unreasonable and unfair manner to secure the ownership of Te Hauturu-o-Toi / Little Barrier Island and this conduct was in breach of the Treaty of Waitangi and its principles.
(10) The Crown also acknowledges— 30 (a) (b) the title investigation process for Te Hauturu-o-Toi / Lit- tle Barrier Island damaged relationships within Ngāti Manuhiri and between them and their tribal neighbours; and the loss of ownership of, and access to, Te Hauturu- 35 o-Toi / Little Barrier Island has remained a source of ongoing grievance and sorrow for Ngāti Manuhiri.
15 Part 1 cl 8 Ngāti Manuhiri Claims Settlement Bill (11) The Crown acknowledges the generosity of spirit shown by Ngāti Manuhiri in agreeing that the Crown transfer Te Hau- turu-o-Toi / Little Barrier Island, through this settlement, to Ngāti Manuhiri and that Ngāti Manuhiri gift it back to the Crown to ensure that Te Hauturu-o-Toi / Little Barrier Island 5 remains a nature reserve for the benefit of the people of New Zealand.
(12) The Crown acknowledges that it continued to purchase lands that had passed through the Native Land Court in which Ngāti Manuhiri held interests, including purchases from minors.

The 10 Crown also acknowledges that it failed to monitor the impact of its purchases on Ngāti Manuhiri landholdings and, despite the clear implications of the Stout–Ngata Royal Commission’s findings in 1907, continued to acquire land including within their last remaining block, Pākiri No.

1.
1.

15 (13) The Crown acknowledges that by around 1900 Ngāti Manuhiri were left virtually landless and that the Crown’s failure to ensure that Ngāti Manuhiri retained sufficient land for their present and future needs was a breach of the Treaty of Wai- tangi and its principles.
This hindered the social, economic, 20 and cultural development of Ngāti Manuhiri as a tribe, un- dermined the ability of Ngāti Manuhiri to protect and manage their taonga, including te reo Māori, and their wāhi tapu, and to maintain spiritual connections to their ancestral lands.

The Crown further acknowledges that this has severely impacted 25 on the well-being of Ngāti Manuhiri today.
(14) The Crown acknowledges that, under land development schemes, many Ngāti Manuhiri owners effectively lost the opportunity to live on and use their land and that partitioning of these lands created uneconomic units and contributed to 30 further land alienation.
(15) The Crown acknowledges the ongoing difficulties Ngāti Manuhiri have experienced managing their few residual lands, including high levels of multiple ownership, problems of access, and the high valuations placed on their coastal lands 35 despite restrictions on their development.
16 Ngāti Manuhiri Claims Settlement Bill Part 1 cl 9 9 Text of apology Whakapāhatanga (1) Ka whakaaetia e te Karauna te kaha me ngā pakanga o ngā tūpuna o Ngāti Manuhiri ki te whai i ō rātou kerēme mō te whakatikatika me te whakatau pono ā, ka tuku tēnei 5 whakapāhatanga atu ki a Ngāti Manuhiri, ki ō rātou tūpuna me ō rātou uri.

(2) Ka nui te pōuritanga o te Karauna mō ōna takahitanga i te Tiriti o Waitangi me ōna mātāpono i ruarua ai ngā whenua o Ngāti Manuhiri tae rawa ake ki te tau 1865.
Ka pōuri anō te Karauna 10 mō tana whakamarumaru kore i ngā whenua e toe tonu ana ki a Ngāti Manuhiri, mō taua ngaronga i kino rawa ai ngā papānga mō te oranga tonutanga ā-tikanga, ā-ōhanga, ā-tinana o Ngāti Manuhiri e pā kaha ana i ēnei wā tonu.

(3) He herenga kore te whakapāhatanga a te Karauna mō tōna kore 15 aronga ki ōna herenga ki a Ngāti Manuhiri i raro i te Tiriti o Waitangi.

Mā tēnei whakataunga e hiahia ana te Karauna kia rīpenetā mō ōna hapa, kia tīmatahia hoki tētahi tikanga whakatikatika.
Ko te kōingo o te Karauna, ki te hanga hononga hou ki a Ngāti Manuhiri e ai ki te Tiriti o Waitangi me ōna 20 mātāpono, kia mahitahi ai a Ngāti Manuhiri me te Karauna, ko te otinga iho, ko te whakaoranga anō o Ngāti Manuhiri.

(1) (2) (3) Apology The Crown recognises the efforts and struggles of the ances- tors of Ngāti Manuhiri in pursuit of their claims for redress 25 and justice and makes this apology to Ngāti Manuhiri, to their ancestors, and to their descendants.
The Crown profoundly regrets its breaches of the Treaty of Waitangi and its principles which left Ngāti Manuhiri with few landholdings by 1865.

The Crown is deeply sorry for its fail- 30 ure to protect the remaining lands of Ngāti Manuhiri, the loss of which had devastating consequences for the cultural, spirit- ual, economic, and physical well-being of Ngāti Manuhiri that continue to be felt today.
The Crown unreservedly apologises for not having honoured 35 its obligations to Ngāti Manuhiri under the Treaty of Wai- tangi.

Through this settlement the Crown seeks to atone for its wrongs and to begin the process of healing.

It is the desire 17 Part 1 cl 10 Ngāti Manuhiri Claims Settlement Bill of the Crown to build a new relationship with Ngāti Manuhiri based on the Treaty of Waitangi and its principles, so that Ngāti Manuhiri and the Crown can work together to revitalise Ngāti Manuhiri.
Interpretation Interpretation of Act generally It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
Interpretation In this Act, unless the context requires another meaning,— administering body has the meaning given by section 2(1) of the Reserves Act 1977 affected person has the meaning given by section 2AA(2) of the Resource Management Act 1991 commercial redress property— (a) means a property listed in part 3 of the property redress 5 10 15 schedule; and to avoid doubt, includes the licensed land (b) Commissioner of Crown Lands has the same meaning as 20 Commissioner in section 2 of the Land Act 1948 consent authority has the meaning given by section 2(1) of the Resource Management Act 1991 Conservation Authority means the New Zealand Conserva- tion Authority established by section 6A of the Conservation 25 Act 1987 conservation document means a conservation management strategy, conservation management plan, or national park management plan conservation legislation means— the Conservation Act 1987; and (a) (b) the enactments listed in Schedule 1 of that Act conservation management plan has the meaning given by section 2(1) of the Conservation Act 1987 30 10 11 18 Ngāti Manuhiri Claims Settlement Bill Part 1 cl 11 conservation management strategy has the meaning given by section 2(1) of the Conservation Act 1987 conservation protocol— (a) means the protocol issued by the Minister of Conserva- (b) tion under section 20(1)(a); and includes any amendments made to the protocol under section 20(1)(b) 5 conservation protocol area means the area shown on the map attached to the conservation protocol control, for
 the purposes of paragraph (d) of the definition 10 of Crown body, means,— (a) for a company, control of the composition of its board of directors; and for another body, control of the composition of the group that would be its board of directors if the body 15 were a company (b) Crown has the meaning given by section 2(1) of the Public Finance Act 1989 Crown body means— (a) a Crown entity (as defined by section 7(1) of the Crown 20 Entities Act 2004); and a State enterprise (as defined by 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 25 by 1 or more of the following: (i) (ii) (iii) (iv) a subsidiary, or related company, of a company or body referred to in paragraph (d) the Crown: a Crown entity: a State enterprise: the New Zealand Railways Corporation; and 30 (b) (c) (d) (e) Crown forestry licence— (a) means a licence granted under section 14 of the Crown (b) Forest Assets Act 1989; and in relation to the licensed land, means the licence de- scribed in relation to that land in part 3 of the property redress schedule 35 19 Part 1 cl 11 Ngāti Manuhiri Claims Settlement Bill Crown forestry rental trust means the trust established by the Crown forestry rental trust deed Crown forestry rental trust deed means the trust deed made on 30 April 1990 establishing the Crown forestry rental trust under section 34 of the Crown Forest Assets Act 1989 Crown minerals protocol— (a) means the protocol issued by the Minister of Energy and (b) Resources under section 20(1)(a); and includes any amendments made to the protocol under section 20(1)(b) 5 10 15 (b) Crown minerals protocol area means the area shown on the map attached to the Crown minerals protocol, together with the adjacent waters cultural redress property has the meaning given by section 61 deed of recognition— (a) means a deed of recognition issued under section 37 by the Minister of Conservation and the
 Director-Gen- eral to the trustees; and includes any amendments to the deed made under sec- 20 tion 37 deed of settlement— (a) means the deed of settlement for Ngāti Manuhiri dated 21 May 2011, entered into by the Crown, Ngāti Manuhiri, and the Ngāti Manuhiri Settlement Trust; 25 and includes any schedules of or attachments to the deed; and includes any amendments to the deed (c) Director-General means the Director-General of Conserva- 30 tion documents schedule means the documents schedule of the deed of settlement
 effective date means the date that is 6 months after the settle- ment date freshwater fisheries management plan has the meaning given by section 2(1) of the Conservation Act 1987 (b) 35 20 Ngāti Manuhiri Claims Settlement Bill Part 1 cl 11 Historic Places Trust means the New Zealand Historic Places Trust (Pouhere Taonga) continued by section 38 of the Historic Places Act 1993 historical claims has the meaning given by section 13 interest means a lease, tenancy, licence, licence to occupy, 5 easement, covenant, or other right or obligation affecting land land holding agency means the agency specified for a com- mercial redress property in part 3 of the property redress schedule licensed land— (a) means the land described as licensed land in part 3 of 10 (b) the property redress schedule; but excludes— (i) (ii) (iii) all trees growing, standing, or lying on the land; and all improvements acquired by a purchaser of the trees on the land; and all improvements made by the purchaser or the licensee after the purchaser acquires the trees on the land 15 20 25 LINZ means Land Information New Zealand local authority has the meaning given by section 5(1) of the Local Government Act 2002 member of Ngāti Manuhiri means an individual referred to in section 12(1)(a) national park management plan has the same meaning as management plan in section 2 of the National Parks Act 1980 Ngāti Manuhiri has the meaning given by section 12(1) Ngāti Manuhiri Settlement Trust means the trust
 with that name established for the benefit of Ngāti Manuhiri by a deed 30 of trust dated 5 December 2011 property redress schedule means the property redress sched- ule of the deed of settlement protocol— (a) means a protocol issued under section 20(1)(a); and (b) includes any amendments made to the protocol under section 20(1)(b) 35 21 Part 1 cl 11 Ngāti Manuhiri Claims Settlement Bill public work has the meaning given by section 2 of the Public Works Act 1981 regional council has the meaning given by
 section 2(1) of the Resource Management Act 1991 Registrar-General means the Registrar-General of Land ap- 5 pointed under section 4 of the Land Transfer Act 1952 related company has the meaning given by section 2(3) of the Companies Act 1993 representative entity means— the trustees; and (a) a person (including a trustee) acting for, or on behalf (b) of,— (i) the collective group referred to in section 12(1)(a); or 1 or more members of Ngāti Manuhiri; or 1 or more of the whānau, hapū, or groups referred to in section 12(1)(c) (ii) (iii) resource consent has the meaning given by section 2(1) of the Resource Management Act 1991 responsible Minister means,— (a) for the conservation protocol, the Minister of Conser- vation; or for the Crown minerals protocol, the Minister of Energy and Resources; or for the taonga tūturu protocol, the Minister for Arts, 25 Culture and Heritage; or for any protocol, any other Minister of the Crown au- thorised by the Prime Minister to exercise powers, and perform functions and duties, in relation to the protocol (b) (c) (d) 10 15 20 RFR land has the meaning given by section 111 settlement date means the date that is 20 working days after the date on which this Act comes into force statutory acknowledgement has the meaning given by sec- tion 26 statutory plan— (a) means a district plan, regional plan, regional coastal plan, regional policy statement, or proposed policy 30 35 22 Ngāti Manuhiri Claims Settlement Bill Part 1 cl 12
 statement (as defined by section 43AA of the Resource Management Act 1991); and includes a proposed plan (as defined by section 43AAC of that Act) (b) (b) subsidiary has the meaning given by section 5 of the Com- 5 panies Act 1993 taonga tūturu— (a) has the meaning given by section 2(1) of the Protected Objects Act 1975; and includes ngā taonga tūturu (as defined by section 2(1) 10 of that Act) taonga tūturu protocol— (a) means the protocol issued by the Minister for Arts, Cul- ture and Heritage under section
 20(1)(a); and includes any amendments made to the protocol under 15 section 20(1)(b) (b) Te Hauturu-o-Toi / Little Barrier Island gift area means the area shown as A on deed plan OTS-125-02, comprising 2 815.7630 hectares, more or less, being Section 2 SO 440008 (balance of the land in Gazette notice 631196.1) tikanga means customary values and practices transfer means the transfer of a property’s beneficial owner- ship upon settlement for the property trustees means the trustees of the Ngāti Manuhiri Settlement Trust in their capacity as trustees whenua rāhui has the meaning given by section 42 working day means a day of the week other than— (a) Saturday, Sunday, Waitangi Day, Good Friday, Easter the Sovereign’s birthday, and Monday, Anzac Day, Labour Day; and a day in the period starting on 25 December in a year and ending on 15 January in the following year; and the day observed as the anniversary of the province of Auckland or Wellington.
(b) (c) 12 Meaning of Ngāti Manuhiri (1) In this Act, Ngāti Manuhiri— 23 20 25 30 35 Part 1 cl 13 Ngāti Manuhiri Claims Settlement Bill (a) means the collective group composed of individuals who are descended from an ancestor of Ngāti Manuhiri; and includes those individuals; and includes any whānau, hapū, or group to the extent that 5 it is composed of those individuals.
(b) (c) (2) (b) In this section,— ancestor of Ngāti Manuhiri means an individual who— (a) exercised customary rights by virtue of being descended from Manuhiri; and exercised the customary rights in the area of interest of Ngāti Manuhiri at any time after 6 February 1840 area of interest of Ngāti Manuhiri means the area of interest shown in the attachments to the deed of settlement customary rights means rights according to tikanga Māori, 15 including— (a) (b) rights to occupy land; and rights in relation to the use of land or other natural or physical resources 10 descended means that a person is descended from another per- 20 son by— (a) (b) (c) birth; or legal adoption; or whāngai (Māori customary adoption) in accordance with Ngāti Manuhiri tikanga.
25 13 Meaning of historical claims (1) In this Act, historical claims— (a) means the claims described in subsection (2); and (b) (c) includes the claims described in subsection (3); but does not include the claims described in subsection 30 (4).
The historical claims are every claim that Ngāti Manuhiri or a representative entity had on or before the settlement date, or may have after the settlement date, (whether or not the claim has arisen or been considered, researched, registered, notified, 35 or made on or before the settlement date) and that— is, or is founded on, a right arising— (a) (2) 24 Ngāti Manuhiri Claims Settlement Bill Part 1 cl 13 (i) (ii) (iii) from the Treaty of Waitangi or its principles; or under legislation; or at common law (including aboriginal title or cus- tomary law); or from fiduciary duty; or otherwise; and (iv) (v) 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.
(b) (3) The historical claims include— (a) a claim to the Waitangi Tribunal that relates exclusively to Ngāti Manuhiri or a representative entity, including each of the following claims, to the extent that subsec- tion (2) applies to the claim: (i) Wai 280—Little Barrier Island claim: (ii) Wai 487—Hauturu (Little Barrier Island) claim: (iii) Wai 532—Mangawhai Lands and Hauraki Gulf 5 10 15 (b) claim: (iv) Wai 567—Hauturu (Little Barrier Island)—Wi 20 Taiawa Family claim; and (v) Wai 1811—Māori Representation in Govern- ment claim; and any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection 25 (2) applies to the claim and the claim relates to Ngāti Manuhiri or a representative entity: (i) Wai 244—Ngāti Wai claim: (ia) Wai 1811—Māori Representation in Govern- ment claim: 30 (ii) Wai 2181—Nga Uri o Maki lands and resources claims.
(4) However, the historical claims do not include— (a) a claim that a member of Ngāti Manuhiri, or a whā- nau, hapū, or group referred to in section 12(1)(c), 35 had or may have that is, or is founded on, a right arising by virtue of being descended from a person other than an ancestor of Ngāti Manuhiri (as defined in section 12(2)); or 25 Part 1 cl 14 Ngāti Manuhiri Claims Settlement Bill (b) a claim that a representative entity had or may have that is, or is founded on, a claim described in paragraph (a).
Settlement of historical claims 14 (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.

Subsections (1) and (2) do not limit the deed of settlement.
10 5 (3) (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 in- quire or to make a finding or recommendation) in respect 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.
15 Subsection (4) does not exclude the jurisdiction of a court, 20 tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act.

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 25 “Ngāti Manuhiri Claims Settlement Act 2012, section 14(4) and (5).” Protections no longer apply Certain enactments do not apply The enactments listed in subsection (2) do not apply— (a) (b) (c) to a cultural redress property; or to a commercial redress property; or to RFR land; or 30 (5) 15 (1) (2) 16 (1) 26 (2) 17 (1) Ngāti Manuhiri Claims Settlement Bill Part 1 cl 17 (d) for the benefit of Ngāti Manuhiri or a representative entity.
The enactments are— (a) (b) sections 8A to 8HJ of the Treaty of Waitangi Act 1975: sections 27A to 27C of the State-Owned Enterprises Act 5 1986: sections 211 to 213 of the Education Act 1989: Part 3 of the Crown Forest Assets Act 1989: Part 3 of the New Zealand Railways Corporation Re- structuring Act 1990.
10 (c) (d) (e) Removal of memorials The chief executive of LINZ must issue to the Registrar-Gen- eral 1 or more certificates that specify the legal description of, and identify the computer register that contains, each allot- ment— (a) is all or part of a cultural redress property; or is all or part of a commercial redress property; or is RFR land; and that— (i) (ii) (iii) that is contained in a computer register that has a me- 20 morial recorded under any enactment listed in section 16(2).
(b) 15 (2) The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after the settlement date.

25 (3) A certificate must state that it is issued under this section.
(4) The Registrar-General must, as soon as is reasonably prac- ticable after receiving a certificate issued under subsection (1),— (a) (b) register the certificate against each computer register 30 identified in the certificate; and remove each memorial recorded under an enactment listed in section 16(2) from each computer register identified in the certificate, but only in respect of each allotment described in the certificate.
35 27 Part 1 cl 18 Ngāti Manuhiri Claims Settlement Bill Other matters 18 (1) Rule against perpetuities does not apply The rule against perpetuities and the provisions of the Perpetu- ities Act 1964 do not— (a) prescribe or restrict the period during which— (i) the Ngāti Manuhiri Settlement Trust may exist in law; or the trustees may hold or deal with property (in- cluding income derived from property); or (ii) 5 (b) apply to a document entered into to give effect to the 10 deed of settlement if the application of that rule or the provisions of that Act would otherwise make the docu- ment, or a right conferred by the document, invalid or ineffective.
(2) However, if the Ngāti Manuhiri Settlement Trust is, or be- 15 comes, 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.
Access to deed of settlement The chief executive of the Ministry of Justice must make 20 copies of the deed of settlement available— (a) for inspection free of charge, and for purchase at a rea- sonable price, at the head office of the Ministry of Just- ice in Wellington between 9 am and 5 pm on any work- ing day; and free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
(b) Part 2 Cultural redress Subpart 1—Protocols General provisions Issue, amendment, and cancellation of protocols Each responsible Minister— (a) must issue a protocol to the trustees in the form set out in part 4 of the documents schedule; and 25 30 35 19 20 (1) 28 (2) (3) 21 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 22 (b) may amend or cancel that protocol.
The responsible Minister may amend or cancel a protocol at the initiative of either— (a) (b) The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees.

the trustees; or the responsible Minister.
Protocols subject to rights, functions, and obligations Protocols do not restrict— (a) the ability of the Crown to exercise its powers and per- form its functions and duties in accordance with the law and Government policy, which includes the ability to— introduce legislation and change Government (i) policy; and interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or (ii) 5 10 15 (b) (c) the responsibilities of a responsible Minister or a depart- 20 ment of State; or the legal rights of Ngāti Manuhiri or a representative entity.
22 (1) (2) Enforceability of protocols The Crown must comply with a protocol while it is in force.

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

25 (3) Despite subsection (2), damages or any form of monetary (4) compensation are not available as a remedy for a failure by 30 the Crown to comply with a protocol.
To avoid doubt,— (a) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and 29 Part 2 cl 23 Ngāti Manuhiri Claims Settlement Bill (b) subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2).
23 (1) (2) (3) (4) (c) (b) Limitation of rights The conservation protocol does not have the effect of granting, 5 creating, or providing evidence of— (a) rights relating to the common marine and coastal area (as defined by section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011); or an estate or interest in land held, managed, or adminis- 10 tered under the conservation legislation; or an interest in, or rights relating to, flora or fauna man- aged or administered under the conservation legislation.
The Crown minerals protocol does not have the effect of grant- ing, creating, or providing evidence of an estate or interest in, 15 or rights relating to, Crown minerals.

The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
In this section, Crown mineral means a mineral (as defined 20 by section 2(1) of the Crown Minerals Act 1991)— (a) that is the property of the Crown under section 10 or 11 of that Act; or over which the Crown has jurisdiction under the Con- tinental Shelf Act 1964.
(b) 25 Noting of conservation and Crown minerals protocols Noting of conservation protocol 24 (1) A summary of the terms of the conservation protocol must be noted in the conservation documents and any freshwater 30 fisheries management plan affecting the conservation protocol area.
The noting of the conservation protocol— (a) is for the purpose of public notice only; and (2) 30 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 26 (b) is not an amendment to the conservation documents for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.
Noting of Crown minerals protocol 25 (1) A summary of the terms of the Crown minerals protocol must 5 be noted in— (a) a register of protocols maintained by the chief executive of the Ministry of Economic Development; and the minerals programmes affecting the Crown minerals protocol area when those programmes are replaced.
10 (b) (2) The noting of the Crown minerals protocol— (a) (b) is for the purpose of public notice only; and is not an amendment to the minerals programmes for the purposes of the Crown Minerals Act 1991.

(3) In this section, minerals programme has the meaning given 15 by section 2(1) of the Crown Minerals Act 1991.
26 Subpart 2—Statutory acknowledgement and deed of recognition Statutory acknowledgement Interpretation In this subpart,— relevant consent authority, for a statutory area, means a con- sent authority of a region or district that contains, or is adjacent to, the statutory area statements of association means the statements— (a) made by Ngāti Manuhiri of their particular cultural, spiritual, historical, and traditional association with the statutory areas; and that are in the form set out in part 2 of the documents schedule (b) statutory acknowledgement means the acknowledgement made by the Crown in section 27 in respect of each statutory area, on the terms set out in this subpart 20 25 30 31 Part 2 cl 27 Ngāti Manuhiri Claims Settlement Bill 27 28 statutory area means an area described in Schedule 1, with the general location (but not the precise boundaries) indicated on the deed plan referred to in relation to the area.
Statutory acknowledgement by the Crown The Crown acknowledges the statements of association.
5 Purposes of statutory acknowledgement The only purposes of the statutory acknowledgement are— (a) to require relevant consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgement, as provided for in sec- 10 tions 29 to 31; and to require relevant consent authorities to forward sum- maries of resource consent applications, or copies of no- tices of resource consent applications, to the trustees, as provided for in section 33; and to enable the trustees and members of Ngāti Manuhiri to cite the statutory acknowledgement as evidence of the association of Ngāti Manuhiri with a statutory area, as provided for in section 34.
15 (b) (c) 29 Relevant consent authorities to have regard to statutory acknowledgement 20 (1) On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected per- 25 sons in relation to an activity within, adjacent to, or directly affecting the statutory area and for which an application for a resource consent has been made.
Subsection (1) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.
30 (2) 30 Environment Court to have regard to statutory acknowledgement (1) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a 32 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 32 statutory area in deciding, under section 274 of the Resource Management Act 1991, whether the trustees are persons who have an interest in proceedings that is greater than the interest that the general public has in respect of an application for a resource consent for activities within, adjacent to, or directly 5 affecting the statutory area.
Subsection (1) does not limit the obligations of the Environ- ment Court under the Resource Management Act 1991.

10 Historic Places Trust and Environment Court to have regard to statutory acknowledgement This section applies if, on or after the effective date, an appli- cation is made under section 11 or 12 of the Historic Places Act 1993 for an authority to destroy, damage, or modify an archaeological site within a statutory area.
The Historic Places Trust must have regard to the statutory 15 acknowledgement relating to a statutory area in exercising its powers under section 14 of the Historic Places Act 1993 in relation to the application, including in determining whether the trustees are directly affected by an extension of time.
The Environment Court must have regard to the statutory 20 acknowledgement relating to a statutory area in determining under section 20 of the Historic Places Act 1993 an appeal against a decision of the Historic Places Trust in relation to the application, including in determining whether the trustees are directly affected by the decision.

In this section, archaeological site has the meaning given by section 2 of the Historic Places Act 1993.
25 (2) 31 (1) (2) (3) (4) Recording statutory acknowledgement on statutory plans 32 (1) On and from the effective date, a relevant consent authority must attach information recording the statutory acknowledge- 30 ment to all statutory plans that wholly or partly cover a statu- tory area.
The information attached to a statutory plan must include— (a) the provisions of sections 26 to 31 and 33 to 36 in full; and 35 (2) 33 Part 2 cl 33 Ngāti Manuhiri Claims Settlement Bill (3) 33 (1) (2) (b) the descriptions of the statutory areas wholly or partly covered by the plan; and any statements of association for the statutory areas.
(c) The attachment of information to a statutory plan under this section is for the purpose of public information only and, un- 5 less adopted by the relevant consent authority as part of the statutory plan, the information is not— part of the statutory plan; or (a) subject to the provisions of Schedule 1 of the Resource (b) Management Act 1991.
10 Provision of summaries or notices of certain applications to trustees Each relevant consent authority must, for a period of 20 years starting on the effective date, provide the following to the trustees for each resource consent application for an activity 15 within, adjacent to, or directly affecting a statutory area: (a) if the application is received by the consent authority, a summary of the application; or if notice of the application is served on the consent au- thority under section 145(10) of the Resource Manage- 20 ment Act 1991, a copy of the notice.
(b) The information provided in a summary of an application must be the same as would be given to an affected person by limited notification under section 95B of the Resource Management Act 1991, or as may be agreed between the trustees and the 25 relevant consent authority.
(3) A summary of an application must be provided under subsec- tion (1)(a)— (a) (b) as soon as is reasonably practicable after the consent authority receives the application; but before the consent authority decides under section 95 of the Resource Management Act 1991 whether to notify the application.

30 (4) A copy of a notice of an application must be provided under subsection (1)(b) no later than 10 working days after the day 35 on which the consent authority receives the notice.
34 (5) 34 (1) (2) Ngāti Manuhiri Claims Settlement Bill Part 2 cl 34 This section does not affect a relevant consent authority’s obli- gation,— (a) under section 95 of the Resource Management Act 1991, to decide whether to notify an application, and to notify the application if it decides to do so; or under section 95E of that Act, to decide whether the trustees are affected persons in relation to an activity.
(b) 5 Use of statutory acknowledgement The trustees and any member of Ngāti Manuhiri may, as evi- dence of the association of Ngāti Manuhiri with a statutory 10 area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Manage- ment Act 1991, the Environment Court, or the Historic Places 15 Trust concerning activities within, adjacent to, or directly af- fecting the statutory area.
The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on— (a) (b) relevant consent authorities: the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991: the Environment Court: the Historic Places Trust: parties to proceedings before those bodies: any other person who is entitled to participate in those proceedings.
(c) (d) (e) (f) 20 (3) However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.

To avoid doubt,— (a) (4) neither the trustees nor members of Ngāti Manuhiri are precluded from stating that Ngāti Manuhiri has an asso- ciation with a statutory area that is not described in the statutory acknowledgement; and the content and existence of the statutory acknowledge- ment do not limit any statement made.
(b) 35 25 30 35 Part 2 cl 35 Ngāti Manuhiri Claims Settlement Bill 35 (1) (2) Trustees may waive rights The trustees may waive the right to be forwarded summaries, and copies of notices, of resource consent applications under section 33 in relation to a statutory area.

Rights must be waived by written notice to the relevant con- 5 sent authority stating— (a) (b) the scope of the waiver; and the period for which it applies.
(3) An obligation under this subpart does not apply to the extent that the corresponding right has been waived under this sec- 10 tion.

Application to river or stream If any part of the statutory acknowledgement applies to a har- bour, that part of the acknowledgement also applies to the bed of the harbour and everything above the bed.
If any part of the statutory acknowledgement applies to a river or stream, that part of the acknowledgement— (a) applies only to— (i) 15 the continuously or intermittently flowing body of fresh water, including a modified watercourse, 20 that comprises the river or stream; and the bed of the river or stream, meaning the land that the waters of the river or stream cover at its fullest flow without flowing over its banks; but (ii) (b) does not apply to— (i) a part of the bed of the river or stream that is not owned by the Crown; or an artificial watercourse; or a tributary flowing into the river or stream.
(ii) (iii) Deed of recognition 25 30 Issue and amendment of deed of recognition The Minister of Conservation and the Director-General must issue to the trustees a deed of recognition in respect of the first statutory area described in Schedule 1.

The deed of recognition must be issued in the form set out in 35 part 3 of the documents schedule.
36 (1) (2) 37 (1) (2) 36 (3) 38 (1) Ngāti Manuhiri Claims Settlement Bill Part 2 cl 40 The Minister of Conservation and the Director-General may amend the deed of recognition, but only with the written con- sent of the trustees.

General provisions Exercise of powers and performance of functions and duties The statutory acknowledgement and the deed of recognition do not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under le- gislation or a bylaw.
5 10 (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 association of Ngāti Manuhiri with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the 15 statutory area.

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


This section is subject to— (a) (b) the other provisions of this subpart; and any obligation imposed on the Minister of Conservation 20 or the Director-General by the deed of recognition.

(3) (4) 39 (1) (2) 40 (1) (2) Rights not affected The statutory acknowledgement and the deed of recognition do not affect the lawful rights or interests of a person who is not a party to the deed of settlement.

This section is subject to the other provisions of this subpart.
25 Limitation of rights The statutory acknowledgement and the deed of recognition do not have the effect of granting, creating, or providing evi- dence of an estate or interest in, or rights relating to, a statutory 30 area.

This section is subject to the other provisions of this subpart.

37 Part 2 cl 41 Ngāti Manuhiri Claims Settlement Bill Amendment to Resource Management Act 1991 This section amends the Resource Management Act 1991.
In Schedule 11, insert in its appropriate alphabetical order “Ngāti Manuhiri Claims Settlement Act 2012”.
Subpart 3—Whenua rāhui 5 Interpretation In this subpart,— Conservation Board means a board established under section 6L of the Conservation Act 1987 New Zealand Conservation Authority means the authority 10 established by section 6A of the Conservation Act 1987 Ngāti Manuhiri values, for each whenua rāhui site, means the values stated by Ngāti Manuhiri in their statement of Ngāti Manuhiri values protection principles, for a whenua rāhui site, means the pro- 15 tection principles set out for the site in part 1 of the documents schedule, including any amendments made to the principles under section 46(3) specified actions, for a whenua rāhui site, means the actions set out for the site in paragraph 3 of part 1 of the documents 20 schedule statement of Ngāti Manuhiri values, for each whenua rāhui site, means the statement— (a) made by Ngāti Manuhiri of their values relating to their cultural, spiritual, historical, and traditional association 25 with the whenua rāhui site; and that is in the form set out in part 1 of the documents schedule (b) whenua rāhui means the application of this subpart to each whenua rāhui site whenua rāhui site— (a) means a site that is declared under section 43 to be (b) subject to the whenua rāhui; but does not include an area that is declared under section 57(1) to no longer be subject to the whenua rāhui.
30 35 41 (1) (2) 42 38 43 44 45 46 (1) (2) (3) Ngāti Manuhiri Claims Settlement Bill Part 2 cl 46 Declaration of whenua rāhui Each site described in Schedule 2 is declared to be subject to the whenua rāhui.

Acknowledgement by the Crown of statement of Ngāti Manuhiri values The Crown acknowledges the statements of Ngāti Manuhiri values in relation to the whenua rāhui sites.
5 Purposes of whenua rāhui The only purposes of the whenua rāhui are— (a) to require the New Zealand Conservation Authority and 10 a Conservation Board to have particular regard to the statement of Ngāti Manuhiri values and the protection principles, as provided for in section 47; and to require the New Zealand Conservation Authority and a Conservation Board to consult the trustees and to have 15 particular regard to their views, as provided for in sec- tion 48; and to require the New Zealand Conservation Authority to give the trustees an opportunity to make submissions, as provided for in section 49; and to enable the taking of action under sections 51 to 55.
20 (b) (c) (d) Agreement on protection principles The trustees and the Minister of Conservation may agree on and publicise protection principles that are intended to pre- vent— (a) harm to the Ngāti Manuhiri values in relation to a whenua rāhui site; or the diminishing of the Ngāti Manuhiri values in relation to a whenua rāhui site.

(b) 25 The protection principles set out in the documents schedule 30 are to be treated as having been agreed by the trustees and the Minister of Conservation.
The trustees and the Minister of Conservation may agree in writing to any amendments to the protection principles.
39 Part 2 cl 47 Ngāti Manuhiri Claims Settlement Bill New Zealand Conservation Authority and Conservation Boards to have particular regard to certain matters When the New Zealand Conservation Authority or a Conser- vation Board considers a general policy or conservation docu- ment in relation to a whenua rāhui site, it must have particular 5 regard to— (a) (b) the statement of Ngāti Manuhiri values for the site; and the protection principles for the site.
New Zealand Conservation Authority and Conservation Boards to consult trustees Before approving a general policy or conservation document in relation to a whenua rāhui site, the New Zealand Conserva- tion Authority or a Conservation Board must— (a) (b) consult the trustees; and have particular regard to the views of the trustees as to 15 the effect of the policy or document on— (i) (ii) the Ngāti Manuhiri values for the site; and the protection principles for the site.
10 Conservation management strategy If the trustees advise the New Zealand Conservation Authority 20 in writing that they have significant concerns about a draft con- servation management strategy in relation to a whenua rāhui site, the New Zealand Conservation Authority must, before ap- proving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
25 Noting of whenua rāhui The application of the whenua rāhui to a whenua rāhui site must be noted in any conservation document affecting the site.

The noting of the whenua rāhui under subsection (1)— is for the purpose of public notice only; and (a) is not an amendment to the strategy or plan for the pur- (b) poses of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.
30 47 48 49 50 (1) (2) 40 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 53 51 (1) (2) 52 (1) (2) (3) (4) Notification in Gazette The Minister of Conservation must notify the following in the Gazette: (a) the application of the whenua rāhui to each whenua rāhui site, as soon as practicable after the settlement 5 date; and the protection principles for each whenua rāhui site, as soon as practicable after the settlement date; and any amendment to the protection principles agreed under section 46(3), as soon as practicable after the 10 amendment has been agreed in writing.
(b) (c) The Director-General may notify in the Gazette any action (in- cluding any specified action) taken or intended to be taken under section 52 or 53.

15 Actions by Director-General The Director-General must take action in relation to the pro- tection principles that relate to a whenua rāhui site, including the specified actions.

The Director-General retains complete discretion to determine the method and extent of the action to be taken under subsec- 20 tion (1).
The Director-General must notify the trustees in writing of any intended action under subsection (1).

If requested in writing by the trustees, the Director-General must not take action in respect of the protection principles to 25 which the request relates.

(2) 53 (1) Amendment to strategy or plan The Director-General may initiate an amendment to a conser- vation document to incorporate objectives relating to the pro- tection principles that relate to a whenua rāhui site.
The Director-General must consult any relevant Conservation Board before initiating an amendment under subsection (1).

(3) An amendment initiated under subsection (1) is an amend- ment for the purposes of section 17I(1) to (3) of the Conserva- tion Act 1987 or section 46(1) to (4) of the National Parks Act 35 1980, as the case may be.
30 41 Part 2 cl 54 Ngāti Manuhiri Claims Settlement Bill Regulations The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regu- lations for 1 or more of the following purposes: (a) to provide for the implementation of objectives in- 5 cluded in a strategy or plan under section 53(1): to regulate or prohibit activities or conduct by members of the public in relation to a whenua rāhui site: to create offences for breaching any regulations made under paragraph (b): to provide for the following fines to be imposed: (i) for an offence referred to in paragraph (c), a fine not exceeding $5,000; and for a continuing offence, an additional amount not exceeding $50 for every day during which the 15 offence continues.
(ii) 10 Bylaws The Minister of Conservation may make bylaws for 1 or more of the following purposes: (a) to provide for the implementation of objectives in- 20 cluded in a strategy or plan under section 53(1): to regulate or prohibit activities or conduct by members of the public in relation to a whenua rāhui site: to create offences for breaching any bylaws made under paragraph (b): to provide for the following fines to be imposed: (i) for an offence referred to in paragraph (c), a fine not exceeding $1,000; and for a continuing offence, an additional amount not exceeding $50 for every day during which the 30 offence continues.
(ii) 25 (b) (c) (d) (b) (c) (d) Existing classification of whenua rāhui sites This section applies if the whenua rāhui applies to any land in— (a) (b) a national park under the National Parks Act 1980; or a conservation area under the Conservation Act 1987; or 35 54 55 56 (1) 42 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 58 a reserve under the Reserves Act 1977.
(c) The whenua rāhui does not affect— (a) the purpose of the national park, conservation area, or reserve; or the classification of the land as a national park, conser- 5 vation area, or reserve.

(b) Termination of whenua rāhui The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of a whenua rāhui site is no longer subject to the 10 whenua rāhui.
The Minister of Conservation must not make a recommenda- tion for the purposes of subsection (1) unless— (a) the trustees and the Minister of Conservation have agreed in writing that the whenua rāhui is no longer 15 appropriate for the relevant area; or 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 another Minister of the 20 Crown or to the Commissioner of Crown Lands.
(b) (c) Subsection (4) applies 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 whenua rāhui site.

The Crown must take reasonable steps to try to ensure that the trustees continue to have input into the management of the relevant area.
Exercise of powers and performance of functions and duties The whenua rāhui does not affect, and may not be taken into account by, a person exercising a power or performing a func- tion or duty under legislation or a bylaw.
25 30 (2) 57 (1) (2) (3) (4) 58 (1) (2) A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give 35 greater or lesser weight to the Ngāti Manuhiri values that re- 43 Part 2 cl 59 Ngāti Manuhiri Claims Settlement Bill (3) (4) 59 (1) (2) 60 (1) (2) 61 late to a whenua rāhui site than that person would give if the site were not subject to the whenua rāhui.

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


This section is subject to the other provisions of this subpart.

Rights not affected The whenua rāhui does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.

This section is subject to the other provisions of this subpart.

5 Limitation of rights The whenua rāhui does not have the effect of granting, creat- 10 ing, or providing evidence of an estate or interest in, or rights relating to, the site.
This section is subject to the other provisions of this subpart.

Subpart 4—Vesting of cultural redress properties Interpretation In this Act, unless the context requires another meaning,— cultural redress property means each of the following sites, and each site means the land described by that name in Sched- ule 3: (a) (b) (c) (d) (e) (f) reserve site means each of the sites in paragraphs (a) to (c) of the definition of cultural redress property.
the Mount Tamahunga summit site: the Leigh Recreation Reserve site: the Pākiri Domain Recreation Reserve site: the Pākiri Block conservation area: the Pākiri riverbed site: Te Maraeroa 15 20 25 62 Mount Tamahunga summit site (1) The Mount Tamahunga summit site (being part of Omaha Eco- 30 logical Area) ceases to be a conservation area or an ecological area under the Conservation Act 1987.
44 (2) (3) (4) (5) (6) (7) (8) 63 (1) (2) (3) (4) (5) 64 (1) Ngāti Manuhiri Claims Settlement Bill Part 2 cl 64 5 The fee simple estate in the Mount Tamahunga summit site then vests in the trustees.

The Mount Tamahunga summit site is then declared a reserve and classified as a scientific reserve subject to section 21 of the Reserves Act 1977.

The reserve is named Mount Tamahunga Scientific Reserve.
The sign that refers to Te Araroa walkway does not vest in the trustees, despite the vesting of the site in the trustees.

The Minister of Conservation may at any time make a written request to the trustees to provide the Minister with a registrable 10 right of way easement in gross on the terms and conditions set out in part 6A of the documents schedule.

The trustees must promptly comply with the request.
The easement— (a) is enforceable in accordance with its terms, despite the 15 provisions of the Reserves Act 1977; and is to be treated as having been granted in accordance with that Act.

(b) Leigh Recreation Reserve site The reservation of the Leigh Recreation Reserve site (being 20 part of Leigh Recreation Reserve) as a recreation reserve sub- ject to the Reserves Act 1977 is revoked.

The fee simple estate in the Leigh Recreation Reserve site then vests in the trustees.
The Leigh Recreation Reserve site is then declared a reserve 25 and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The reserve is named Wakatūwhenua Recreation Reserve.

The signs that relate to compliance with conservation require- ments do not vest in the trustees, despite the vesting of the site 30 in the trustees.
Pākiri Domain Recreation Reserve site The reservation of the Pākiri Domain Recreation Reserve site as a recreation reserve subject to the Reserves Act 1977 is revoked.

35 45 Part 2 cl 65 Ngāti Manuhiri Claims Settlement Bill The fee simple estate in the Pākiri Domain Recreation Reserve site then vests in the trustees.

The Pākiri Domain Recreation Reserve site is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.
The reserve is named Pākiri Recreation Reserve.

5 Pākiri Block conservation area The Pākiri Block conservation area ceases to be a conservation area under the Conservation Act 1987.

The fee simple estate in the Pākiri Block conservation area 10 then vests in the trustees.
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in rela- tion to the Pākiri Block conservation area on the terms and conditions set out in part 5 of the documents schedule.

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.

15 20 Pākiri riverbed site The fee simple estate in the Pākiri riverbed site vests in the trustees.
Subsection (1) does not take effect until the trustees have provided the Crown with a registrable covenant in relation to the Pākiri riverbed site on the terms and conditions set out in 25 part 5 of the documents schedule.

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 Te Maraeroa The reservation of Te Maraeroa (being part of Little Barrier Island Nature Reserve) as a nature reserve subject to the Re- serves Act 1977 is revoked.

(2) (3) (4) 65 (1) (2) (3) (4) 66 (1) (2) (3) 67 (1) 46 (2) (3) (4) (5) (6) (7) (8) (9) Ngāti Manuhiri Claims Settlement Bill Part 2 cl 67 The fee simple estate in Te Maraeroa then vests in the tupuna, Rahui Te Kiri.
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with the following in relation to Te Maraeroa: (a) 5 a registrable covenant on the terms and conditions set out in part 5 of the documents schedule: a registrable right of way easement on the terms and conditions set out in part 6 of the documents schedule: a registrable easement for a right to convey water, elec- 10 tricity, telecommunications, and computer media, and to drain sewage and waste water, on the terms and con- ditions set out in part 6 of the documents schedule: a registrable easement for a right to drain sewage and waste water on the terms and conditions set out in part 6 15 of the documents schedule.
(b) (c) (d) section 77 of the Reserves Act 1977; and section 27 of the Conservation Act 1987.

The covenant is to be treated as a conservation covenant for the purposes of— (a) (b) Subsections (6) and (7) apply despite— (a) (b) the vesting of Te Maraeroa in Rahui Te Kiri; or the registration of Rahui Te Kiri as the registered pro- prietor of Te Maraeroa.
The trustees— (a) have all the powers, rights, and duties of the registered proprietor of Te Maraeroa; and 20 25 (b) must exercise the powers and rights, and perform the duties, in the names of the trustees.

The Registrar-General or any other person must have regard 30 to subsection (6).

Section 74 of the Land Transfer Act 1952 does not apply in relation to Te Maraeroa.

Subpart 5 applies to Te Maraeroa as if the fee simple estate in Te Maraeroa were vested in the trustees under subsection 35 (2).
47 Part 2 cl 68 Ngāti Manuhiri Claims Settlement Bill Subpart 5—General provisions relating to vesting of cultural redress properties General provisions Properties vest subject to, or together with, interests Each cultural redress property vests in the trustees under sub- 5 part 4 subject to, or together with, any interests listed for the property in Schedule 3 (whether as an existing interest that continues to affect the property after the vesting or as a new in- terest that first affects the property immediately after the vest- ing).
Subsection (3) applies if a cultural redress property vests subject to an interest that is not an interest in land, whether or not the interest also applies in respect of land outside the property.
The interest applies in respect of the cultural redress prop- 15 erty— (a) 10 until the interest expires or is terminated, whether or not the property is subsequently transferred; and if the interest has a grantor, as if the owner of the prop- erty were the grantor; and with any other necessary modifications; and despite any change in status of the land in the property.
(b) (c) (d) 20 Registration of ownership This section applies in relation to the fee simple estate in a cultural redress property vested in the trustees under subpart 25 4.
To the extent that a cultural redress property is all of the land contained in a computer freehold register, the Registrar-Gen- eral must, on written application by an authorised person,— (a) register the trustees as the proprietors of the fee simple 30 estate in the land; and record anything in the register, and do anything else, that is necessary to give effect to this Part and to the deed of settlement.
(b) To the extent that subsection (2) does not apply to a cultural 35 redress property, the Registrar-General must, in accordance with a written application by an authorised person,— 68 (1) (2) (3) 69 (1) (2) (3) 48 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 70 (a) (b) create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees or, for Te Maraeroa, in the name of Rahui Te Kiri; and record on the relevant registers any interests that are registered, notified, or notifiable and that are described 5 in the application.
(4) Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.

(5) A computer freehold register must be created under this sec- tion as soon as is reasonably practicable after the settlement 10 date, but no later than— (a) (b) 24 months after the settlement date; or any later date that may be agreed in writing by the Crown and the trustees.
(6) 70 (1) In this section, authorised person means a person authorised 15 by— (a) the Commissioner of Crown Lands, for the Pākiri riverbed site: the Director-General, for any other cultural redress property.
(b) 20 Application of Part 4A of Conservation Act 1987 The vesting of the fee simple estate in a cultural redress prop- erty in the trustees under subpart 4 is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sec- tions 24(2A), 24A, and 24AA of that Act do not apply to the 25 disposition.

(3) (2) Despite subsection (1), the rest of section 24 of the Conser- vation Act 1987 does not apply to the vesting of a reserve site in the trustees under subpart 4.
If the reservation, under subpart 4, of a reserve site is revoked 30 in relation to all or part of the site, then the vesting of the site in the trustees under subpart 4 is no longer exempt from the rest of section 24 of the Conservation Act 1987 in relation to all or that part of the site (as the case may be).
49 Part 2 cl 71 Ngāti Manuhiri Claims Settlement Bill 71 (1) Recording application of Part 4A of Conservation Act 1987 and sections of this Act The Registrar-General must record on any computer freehold register for a reserve site— (a) that the land is subject to Part 4A of the Conservation 5 Act 1987, but that section 24 of that Act does not apply; and that the land is subject to sections 70(3) and 74 of this Act.
(b) (2) The Registrar-General must record on any computer freehold 10 register for any other cultural redress property that the land is subject to Part 4A of the Conservation Act 1987.

(4) (3) A notification made under subsection (1) or (2) 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 15 Act.
If the reservation, under subpart 4, of a reserve site is revoked in relation to— (a) all of the site, then the Director-General must apply in writing to the Registrar-General to remove from any 20 computer freehold register for the site— (i) the notification that section 24 of the Conserva- tion Act 1987 does not apply to the site; and the notifications that the site is subject to sec- tions 70(3) and 74 of this Act; or 25 (ii) (b) part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) re- main only on any computer freehold register for the part of the site that remains a reserve.
The Registrar-General must comply with an application re- 30 ceived in accordance with subsection (4)(a).

Application of other enactments Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under subpart 4, of the reserve status of a cultural redress property.
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to— 35 (5) 72 (1) (2) 50 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 74 (a) (b) the vesting of the fee simple estate in a cultural redress property under subpart 4; or any matter incidental to, or required for the purpose of, the vesting.
The vesting of the fee simple estate in a cultural redress prop- 5 erty under subpart 4 does not— (a) limit section 10 or 11 of the Crown Minerals Act 1991; or affect other rights to subsurface minerals.

(b) The permission of a council under section 348 of the Local 10 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.
Provisions relating to reserve sites 15 Application of Reserves Act 1977 to reserve sites The trustees are the administering body of a reserve site for the purposes of the Reserves Act 1977.

Sections 48A, 114, and 115 of the Reserves Act 1977 apply to a reserve site, despite sections 48A(6), 114(5), and 115(6) of 20 that Act.

Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve site.
If the reservation, under subpart 4, of a reserve site is revoked under section 24 of the Reserves Act 1977 in relation to all or 25 part of the site, section 25 (except subsection (2)) of that Act does not apply to the revocation.

Subsequent transfer of reserve site This section applies to a reserve site as long as the land, or any part of the land, in the site remains a reserve under the Reserves 30 Act 1977 after the site vests in the trustees under subpart 4.
In this section, reserve land means the land, or the part of the land, in the site that remains a reserve.

The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite 35 any other enactment or rule of law.
51 (3) (4) 73 (1) (2) (3) (4) 74 (1) (2) (3) Part 2 cl 74 Ngāti Manuhiri Claims Settlement Bill (4) (5) (6) (7) The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners) if, upon written applica- tion, the registered proprietors of the reserve land satisfy the Minister that the new owners are able to— (a) comply with the requirements of the Reserves Act 1977; and perform the duties of an administering body under that Act.
(b) 5 The Registrar-General must, upon receiving the documents 10 specified in subsection (6), register the new owners as the proprietors of the fee simple estate in the reserve land.
The documents are— (a) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notifi- 15 cation that the new owners are to hold the reserve land for the same reserve purposes as it was held by the ad- ministering body immediately before the transfer; and the written consent of the Minister of Conservation to the transfer of the reserve land; and any other document required for registration of the transfer instrument.
20 (b) (c) The new owners, from the time of registration under subsec- tion (5),— (a) are the administering body of the reserve land for the 25 purposes of the Reserves Act 1977; and hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.
(b) (8) Despite subsections (1) and (2), subsections (3) to (7) do 30 not apply to the transfer of the fee simple estate in reserve land if— (a) the transferors of the reserve land are or were the trustees of a trust; and the transferees are the trustees of the same trust, after 35 any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and the instrument to transfer the reserve land is accompan- ied by a certificate given by the transferees, or the trans- (b) (c) 52 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 77 ferees’ solicitor, verifying that paragraphs (a) and (b) apply.
75 (1) (2) (3) 76 (1) (2) 77 (1) (2) No mortgage of reserve land This section applies to a reserve site as long as the land, or any part of the land, in the site remains a reserve under the Reserves 5 Act 1977 after the site vests in the trustees under subpart 4.

In this section, reserve land means the land, or the part of the land, in the site that remains a reserve.
The registered proprietors of a reserve site must not mortgage, or give a security interest in, the reserve land or any part of the 10 reserve land.

Saving of bylaws, etc, in relation to reserve sites This section applies to any bylaw or prohibition, or any restric- tion on use or access, that an administering body or the Minis- ter of Conservation has made under the Reserves Act 1977 or 15 the Conservation Act 1987 in relation to a reserve site before the site vests in the trustees under subpart 4.
The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Reserves Act 1977 or the Conservation Act 1987.

20 Names of Crown protected areas and reserve sites Subsection (2) applies to the land, or the part of the land, in a cultural redress property that was all or part of a Crown protected area immediately before the settlement date.
The official geographic name of the Crown protected area is 25 discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly.

(3) A reserve site is not a Crown protected area, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
The Minister must not change the name of a reserve site under section 16(10) of the Reserves Act 1977 without the writ- ten consent of the administering body of the site, and section 16(10A) of that Act does not apply to the proposed change.

(4) 30 53 Part 2 cl 78 Ngāti Manuhiri Claims Settlement Bill (5) 78 In this section, Board, Crown protected area, Gazetteer, and official geographic name have the meanings given by section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
Subpart 6—Geographic names 5 Interpretation In this subpart,— New Zealand Geographic Board has the meaning given to Board by section 4 of the NZGB Act NZGB Act means the New Zealand Geographic Board (Ngā 10 Pou Taunaha o Aotearoa) Act 2008 official geographic name has the meaning given by section 4 of the NZGB Act.
79 (1) New names of features The name specified in the first column of the table in clause 15 5.29.1 of the deed of settlement is assigned to the feature de- scribed in the second and third columns of the table.

(2) A name specified in the first column of the table in clause 5.29.2 of the deed of settlement for the feature described in the third and fourth columns of the table is altered to the name 20 specified in the second column of the table.
Each assignment or alteration is to be treated as if it were an assignment or alteration of the official geographic name by a determination of the New Zealand Geographic Board, under section 19 of the NZGB Act, that takes effect on the settlement 25 date.
(3) 80 (1) Publication of new names The New Zealand Geographic Board must, as soon as practic- able after the settlement date, give public notice of each assign- ment or alteration of a name under section 79 in accordance 30 with section 21(2) and (3) of the NZGB Act.

(2) However, the notices must state that the assignments and al- terations took effect on the settlement date.
54 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 83 81 (1) (2) (3) 82 (1) (2) 83 (1) Alteration of new names The New Zealand Geographic Board need not comply with the requirements of sections 16, 17, 18, 19(1), and 20 of the NZGB Act in making a determination to alter the official geographic name of a feature named by this subpart.

Instead, the Board may make the determination as long as it has the written consent of the trustees.
To avoid doubt, the Board must give public notice of the de- termination in accordance with section 21(2) and (3) of the NZGB Act.

Name changes for Crown protected areas The name of Little Barrier Island Nature Reserve is changed to Te Hauturu-o-Toi / Little Barrier Island Nature Reserve.

The name of Goat Island Scientific Reserve is changed to Te Hāwere-a-Maki / Goat Island Scientific Reserve.
Subpart 7—Vesting and gifting back of Te Hauturu-o-Toi / Little Barrier Island gift area Vesting and gifting back of area The fee simple estate in the Te Hauturu-o-Toi / Little Barrier Island gift area is vested vests in the trustees.

5 10 15 20 (2) On the seventh day after the settlement date, the fee simple estate in the Te Hauturu-o-Toi / Little Barrier Island gift area vests in the Crown as a gift back to the Crown by the trustees for the people of New Zealand.
The gift under subsection (2) is made on behalf of Ngāti 25 Manuhiri and in acknowledgement of the area’s other former owners of Ngāti Rehua and Ngāti Wai descent.
(4) Despite the vestings under subsections (1) and (2),— (3) (a) (b) the Te Hauturu-o-Toi / Little Barrier Island gift area remains a nature reserve subject to section 20 of the 30 Reserves Act 1977, and that Act continues to apply to it, as if the vestings had not occurred; and any other enactment or any instrument that applied to the Te Hauturu-o-Toi / Little Barrier Island gift area im- mediately before the settlement date continues to apply 35 to it as if the vestings had not occurred; and 55 Part 2 cl 84 Ngāti Manuhiri Claims Settlement Bill (c) (d) any interest that affected the Te Hauturu-o-Toi / Little Barrier Island gift area immediately before the settle- ment date continues to affect it as if the vestings had not occurred; and the Crown retains all liability for the Te Hauturu-o-Toi 5 / Little Barrier Island gift area as if the vestings had not occurred; and the vestings are not affected by Part 4A of the Conser- vation Act 1987, section 11 and Part 10 of the Resource Management Act 1991, or any other enactment.
The whenua rāhui applies to the Te Hauturu-o-Toi / Little Bar- rier Island gift area only after the area vests back in the Crown.
(e) 10 Subpart 8—Co-governance of Te Hauturu-o-Toi / Little Barrier Island gift area Interpretation In this subpart,— Conservation Board means the board established under sec- tion 6L of the Conservation Act 1987 that has jurisdiction over the Te Hauturu-o-Toi / Little Barrier Island gift area Hauturu plan has the meaning given by section 85(1) summary of submissions means a summary prepared under section 89(5)(a) of the submissions received, and any public opinion obtained, on a draft Hauturu plan.
15 20 (5) 84 (2) 85 Process for preparation and approval of Hauturu plan (1) A conservation management plan for the Te Hauturu-o-Toi / 25 Little Barrier Island gift area (the Hauturu plan) must be pre- pared and approved in accordance with this subpart.

The Reserves Act 1977 applies to the Hauturu plan as if the plan were a conservation management plan prepared and ap- proved under section 40B of that Act.
Sections 17E (except subsection (9)), 17F, 17G, 17H, 17I, and 49(2) and (3) of the Conservation Act 1987 do not apply to the preparation, approval, review, or amendment of the Hauturu plan, despite section 40B of the Reserves Act 1977.

(3) 30 56 (4) 86 87 (1) (2) (3) Ngāti Manuhiri Claims Settlement Bill Part 2 cl 88 The Director-General must start preparing the first Hauturu plan no later than 12 months after the settlement date.
Preparation of draft plan The Director-General must prepare a draft Hauturu plan in consultation with— (a) (b) (c) the trustees; and the Conservation Board; and any other persons or organisations that the Director- General considers it is practicable and appropriate to consult.
5 10 Notification of draft plan The Director-General must give notice of the draft Hauturu plan as follows: (a) by public notice under section 49(1) of the Conservation Act 1987 as if he or she were the Minister of Conserva- 15 tion; and by written notice to the relevant regional councils, ter- ritorial authorities, and iwi authorities.

(b) The notices must be given no later than 6 months after the start of the preparation of the draft plan.
Each notice must— (a) state that the draft plan is available for inspection at the places and times specified in the notice; and invite any person or organisation to make written sub- missions to the Director-General on the draft plan on or 25 before the date specified in the notice, which must be no less than 2 months after the date the notice is given.
(b) 20 Submissions on draft plan 88 (1) Any person or organisation may make written submissions to the Director-General on the draft Hauturu plan at the place, 30 and on or before the date, specified in a notice given for the draft plan under section 87.

The Director-General may, after consulting the trustees and the Conservation Board, obtain public opinion of the draft plan from any person or organisation by any other means.
35 (2) 57 Part 2 cl 89 Ngāti Manuhiri Claims Settlement Bill (3) The Director-General must make the draft plan available for public inspection between 9 am and 5 pm on any working day— (a) on and from the date the notice was given under sec- tion 87(1)(a) until the last date for written submissions 5 specified in the notice; and in places and quantities that are likely to encourage pub- lic participation in the development of the plan.
(b) 89 (1) Hearing of submissions Submissions on the draft Hauturu plan must be heard by 10 a meeting of representatives of the Director-General, trustees, and the Conservation Board.

the (2) A submitter who requested to be heard in support of the sub- mission must be given a reasonable opportunity to be heard.

(3) Any other person or organisation that was consulted on the 15 draft plan may be heard at the discretion of the members of the meeting.
The hearing of submissions must end no later than 2 months after the last date for written submissions.

The Director-General must— (a) (4) (5) 20 prepare a summary of the submissions received, and any public opinion obtained, on the draft plan; and provide the summary to the trustees and the Conserva- tion Board no later than 1 month after the end of the hearing of submissions.
25 (b) 90 (1) (2) Revision of draft plan The Director-General must consider the submissions received, and any public opinion obtained, on the draft Hauturu plan.

The Director-General then— (a) may revise the draft plan in consultation with the 30 trustees and the Conservation Board; and (b) must provide the draft plan, including any revisions, to the trustees and the Conservation Board no later than 4 months after the end of the hearing of submissions.
(3) The trustees and the Conservation Board,— 35 58 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 92 (a) (b) on receiving the draft plan, must together consider the draft plan and the summary of submissions; and no later than 4 months after receiving the draft plan and the summary, may request the Director-General to re- vise the draft plan.
5 If the Director-General receives a request under subsection (3)(b), he or she must— (a) (b) revise the draft plan in accordance with the request; and provide the revised draft plan to the trustees and the Conservation Board no later than 2 months after receiv- 10 ing the request.
Referral of draft plan to Conservation Authority and Minister The trustees and the Conservation Board must provide the draft Hauturu plan and the summary of submissions to— (a) the Conservation Authority for its comments on matters relating to the national public conservation interest in the Te Hauturu-o-Toi / Little Barrier Island gift area; and (b) the Minister of Conservation for his or her comments.
The draft plan must be provided in the form of, and on receipt of,— (a) the draft plan provided by the Director-General under section 90(2)(b), if a request is not made under sec- tion 90(3)(b); or the revised draft plan provided by the Director-General under section 90(4)(b), if a request is made under sec- tion 90(3)(b).
(b) 15 20 25 The Conservation Authority and the Minister of Conservation must provide their comments on the draft plan to the trustees 30 and the Conservation Board no later than 4 months after re- ceiving the draft plan.
Approval of draft plan The trustees and the Conservation Board must— (a) consider the comments received from the Conservation 35 Authority and the Minister of Conservation under sec- tion 91(3); and 59 (4) 91 (1) (2) (3) 92 (1) Part 2 cl 93 Ngāti Manuhiri Claims Settlement Bill (b) make any changes to the draft Hauturu plan that the trustees and the Conservation Board consider are ne- cessary.
The trustees and the Conservation Board must, no later than 2 months after receiving the comments,— approve the draft plan; or (a) refer any disagreement about the draft plan to the Con- (b) servation Authority by providing a written statement of the matters of disagreement and the reasons for them.
Referral of disagreement to Conservation Authority If a disagreement is referred to the Conservation Authority under section 92(2)(b), the Conservation Authority must— (a) make a recommendation on any matter of disagreement; 5 10 (b) and give written notice of the recommendation to the 15 trustees and the Conservation Board.

The notice of recommendation must be given no later than 3 months after the disagreement is referred to the Conservation Authority.
The trustees and the Conservation Board must, after receiving 20 and considering the notice of recommendation,— try to resolve any matters of disagreement; and (a) (b) make any changes to the draft Hauturu plan that they consider are necessary.
If any matter of disagreement has not been resolved within 2 25 months after receiving the notice of recommendation,— (a) (b) the recommendations in the notice become binding; and the trustees and the Conservation Board must make any changes to the draft plan that are necessary to imple- ment the recommendations.

30 The trustees and the Conservation Board must approve the draft plan no later than 4 months after receiving the notice of recommendation.
(2) 93 (1) (2) (3) (4) (5) 94 Mediation of disagreement (1) The trustees, the Conservation Board, and the Director-Gen- 35 eral— 60 (2) (3) (4) (5) (6) (7) (8) (9) Ngāti Manuhiri Claims Settlement Bill Part 2 cl 94 (a) must all agree on a mediator no later than 3 months after the settlement date; and (b) may all agree on a different mediator at any time.
If a disagreement arises between the persons referred to in sub- section (1) at any time during the process under sections 86 5 to 93, the parties to the disagreement (the parties) must first try to resolve the matter in a co-operative, open-minded, and timely manner.

If a party considers that it is necessary to resort to mediation, the party must refer the matter to mediation by giving written 10 notice to the 1 or more other parties.
The mediation must be conducted by the mediator agreed on under subsection (1).

The parties must participate in the mediation— (a) (b) in a co-operative, open-minded, and timely manner; and 15 having particular regard to the purpose of— (i) having a conservation management plan for the Te Hauturu-o-Toi / Little Barrier Island gift area; and the reserve classification of the Te Hauturu-o-Toi 20 / Little Barrier Island gift area.
(ii) The parties must try their best to continue with the preparation and approval of the Hauturu plan while the disagreement is mediated.

Each party must— (a) (b) pay its own costs of the mediation; and pay an equal share of the costs of the mediator and as- sociated costs.

The mediation must end no later than 3 months after the day on which the matter was referred to mediation.
The period of time starting on the day on which the matter is referred to mediation and ending on the last day of the medi- ation must be excluded from any time limit specified in sec- tions 86 to 93.

25 30 61 Part 2 cl 95 Ngāti Manuhiri Claims Settlement Bill 95 (1) (2) Review of Hauturu plan The Director-General may at any time initiate a review of all or part of the Hauturu plan, after first consulting the trustees and the Conservation Board.
The trustees or the Conservation Board may at any time re- 5 quest the Director-General to initiate a review of all or part of the Hauturu plan.

The Director-General must consider the re- quest.

(3) Any review of the Hauturu plan must be carried out and ap- (4) (5) 96 (1) proved in accordance with sections 86 to 93, which apply 10 with any necessary modifications.

The Director-General must review all of the Hauturu plan no later than 10 years after the date it was last approved.
The Minister of Conservation may extend the time limit in subsection (4), but only after consulting the trustees and the 15 Conservation Board.

Amendment of Hauturu plan The Director-General may at any time initiate the amendment of all or part of the Hauturu plan, after first consulting the trustees and the Conservation Board.

20 (2) Any amendment of the Hauturu plan must be carried out and approved in accordance with sections 86 to 93, which apply with any necessary modifications.
(3) However, an amendment may instead be made under subsec- tions (4) to (6) if the Director-General, the trustees, and the 25 Conservation Board all consider that the amendment will not materially affect— (a) the objectives or policies expressed in the Hauturu plan; or the public interest in the relevant area.

(b) The Director-General must provide the proposed amendment to the trustees and the Conservation Board.
The trustees and the Conservation Board— (a) must consider the proposed amendment; and (b) may amend the Hauturu plan as proposed and approve 35 30 the amended plan.

(4) (5) 62 Ngāti Manuhiri Claims Settlement Bill Part 2 cl 98 (6) Any approval under subsection (5)(b) must be given no later than 2 months after receiving the proposed amendment.
96A Involvement of other iwi This subpart does not exclude representatives of other iwi from being involved with the Hauturu plan, if other enactments pro- 5 vide for that.

Subpart 9—Removal of stones from Te Hauturu-o-Toi / Little Barrier Island gift area for cultural purposes 97 Interpretation In this subpart, Commissioner means an officer designated for the Te Hauturu-o-Toi / Little Barrier Island gift area by the Director-General for the purposes of the Reserves Act 1977.
10 Stones may be removed with written authorisation 98 (1) A member of Ngāti Manuhiri may remove stones from the Te 15 Hauturu-o-Toi / Little Barrier Island gift area if— (a) the member holds a written authorisation issued under subsection (2); and the member complies with the conditions specified in the written authorisation.

(b) 20 (2) The Commissioner and the trustees may jointly issue a written authorisation to remove stones from the Te Hauturu-o-Toi / Little Barrier Island gift area.
(3) A written authorisation— (a) must specify the cultural purposes for which the stones 25 may be removed; and (b) must specify the conditions in section 99; and (c) may specify any other conditions of removing the stones.
(4) A member of Ngāti Manuhiri who removes stones under a 30 written authorisation must comply with all other lawful re- quirements, including the requirements of the following: (a) provisions restricting entry to a nature reserve under the Reserves Act 1977: the Biosecurity Act 1993: (b) 35 63 Part 2 cl 99 Ngāti Manuhiri Claims Settlement Bill (c) (d) the Resource Management Act 1991: the Crown Minerals Act 1991 and any minerals pro- gramme under that Act.
(5) However, the member may remove the stones despite not hav- ing any authorisation for their removal required by the conser- 5 vation legislation.
99 Conditions of removing stones A member of Ngāti Manuhiri who removes stones under sec- tion 98 must comply with the following conditions: (a) the stones may be used only for the cultural purposes 10 specified in the written authorisation to remove the stones; and the stones must be loose and accessible and able to be removed without causing more than minor damage to vegetation or minor ground disturbance; and the member may, each day, remove only the stones that he or she can carry by hand in 1 load without assistance; and the stones must not be accessed or removed by using machinery or cutting equipment; and the removal of the stones must not affect an archaeo- logical site or a wahi tapu area (as defined by section 2 of the Historic Places Act 1993); and the removal of the stones must not affect the conserva- tion values of the Te Hauturu-o-Toi / Little Barrier Is- 25 land gift area.
20 15 (b) (c) (d) (e) (f) 100 Disputes Any dispute between the Commissioner and the trustees relat- ing to the issuing, or conditions, of a written authorisation must be resolved in accordance with the dispute resolution proced- 30 ure set out in the conservation protocol.
64 Ngāti Manuhiri Claims Settlement Bill Part 3 cl 102 Part 3 Commercial redress Subpart 1—Transfer of commercial redress properties 101 The Crown may transfer properties The Crown (acting by and through the chief executive of the land holding agency) is authorised to do the following to give effect to the deed of settlement: (a) transfer the fee simple estate in a commercial redress property to the trustees: sign a transfer instrument or other document, or do any- thing else, to effect the transfer.
(b) 5 10 102 Registrar-General to create computer freehold register (1) To the extent that a commercial redress property is not all of the land contained in a computer freehold register, or there is 15 no computer freehold register for all or part of the property, the Registrar-General must, in accordance with a written ap- plication by an authorised person,— (a) create a computer freehold register for the fee simple estate in the property in the name of the Crown; and record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; and omit any statement of purpose from the computer free- hold register.
(b) (c) (2) (3) Subsection (1) is subject to the completion of any survey necessary to create a computer freehold register.

The authorised person may grant a covenant to arrange for the later creation of a computer freehold register for any land that is to be transferred to the trustees.
(4) Despite the Land Transfer Act 1952,— (a) (b) the authorised person may request the Registrar-Gen- eral to register a covenant (as referred to in subsec- tion (3)) under the Land Transfer Act 1952 by creating a computer interest register; and the Registrar-General must register the covenant in ac- cordance with paragraph (a).
65 20 25 30 35 Part 3 cl 103 Ngāti Manuhiri Claims Settlement Bill (5) In this section, authorised person means a person authorised by the chief executive of the land holding agency for the rele- vant property.

103 Application of other enactments (1) Section 11 and Part 10 of the Resource Management Act 1991 5 do not apply to— (a) the transfer of a commercial redress property to the trustees; or any matter incidental to, or required for the purpose of, the transfer.
(b) 10 (2) (3) (4) (5) (6) 15 The transfer of a commercial redress property to the trustees does not— (a) limit section 10 or 11 of the Crown Minerals Act 1991; or affect other rights to subsurface minerals.

(b) The transfer of a commercial redress property to the trustees 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.
In exercising the powers conferred by section 101, Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial redress property.

Subsection (4) is subject to subsections (2) and (3).
The permission of a council under section 348 of the Local 25 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 commercial redress property.
the 20 Subpart 2—Licensed land 30 104 Licensed land ceases to be Crown forest land (1) The licensed land ceases to be Crown forest land under the Crown Forest Assets Act 1989 upon the registration of the transfer of the fee simple estate in the land to the trustees.
(2) However, although the licensed land does not cease to be 35 Crown forest land until the transfer to the trustees is regis- 66 5 10 15 Ngāti Manuhiri Claims Settlement Bill Part 3 cl 105 tered, neither the Crown nor any court or tribunal may do any thing or omit to do any thing if that act or omission would, between the settlement date and the date of registration,— (a) (b) be permitted by the Crown Forest Assets Act 1989; but be inconsistent with the deed of settlement.
105 Trustees confirmed beneficiaries and licensors in relation to licensed land The trustees are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.
The effect of subsection (1) is that— (a) the trustees are entitled to the rental proceeds paid 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 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.
(b) (1) (2) (3) The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of the Crown forestry 20 licence, even though the Waitangi Tribunal has not made a rec- ommendation under section 8HB(1)(a) of the Treaty of Wai- tangi Act 1975 for the return of the licensed land.
(4) Notice given by the Crown under subsection (3) has effect as if— (a) (b) the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land; and the recommendation had become final on the settlement date.

25 30 (5) The trustees are the licensors under the Crown forestry licence as if the licensed land had been returned to Māori ownership— (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 35 1989 does not apply to the licensed land.

67 Part 3 cl 106 Ngāti Manuhiri Claims Settlement Bill (7) This section applies whether or not the transfer of the fee sim- ple estate in the licensed land has been registered.
106 (1) (2) Subpart 3—Right of access to protected sites Interpretation In this subpart, protected site means any area of land situated 5 in the licensed land that is, at any time,— a wahi tapu or wahi tapu area; and (a) (b) a registered place.

In subsection (1), registered place, wahi tapu, and wahi tapu area have the meanings given by section 2 of the Historic 10 Places Act 1993.
107 Right of access to protected site (1) The owner of land on which a protected site is situated and any person holding an interest in, or a right of occupancy to, the land must allow the people referred to in subsection (2) to 15 have access across the land to each protected site.

The people are Māori for whom the protected site is of special cultural, spiritual, or historical significance.
The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner, and 20 is subject to the following conditions: (a) a person intending to exercise the right of access must give the owner reasonable notice, in writing, of his or her intention to exercise that right; and the right of access may be exercised only at reasonable 25 times and during daylight hours; and a person exercising the right must observe any reason- able conditions imposed by the owner that— (i) (b) (c) relate to the time, location, or manner of access; and are reasonably required for the safety of people, for the protection of land, improvements, flora, fauna, plant, equipment, or livestock, or for op- erational reasons.
30 (ii) (2) (3) 68 Ngāti Manuhiri Claims Settlement Bill Part 3 cl 110 108 Right of access subject to Crown forestry licence (1) The right of access under section 107 is subject to the terms of any Crown forestry licence.

(2) However, subsection (1) does not apply if the licensee has agreed to an exercise of the right.
(3) An amendment to a Crown forestry licence is of no effect to the extent that it would— (a) delay the date from which a person may exercise a right of access under section 107; or adversely affect the right of access in any other way.

(b) 109 Notation on computer freehold register (1) The Registrar-General must, in accordance with a written ap- plication by an authorised person, record on the computer free- hold register for the licensed land that the land is subject to this subpart of this Act.
(2) An application must be made as soon as is reasonably practic- 5 10 15 able after— (a) (b) the settlement date; or a computer freehold register has been created for the land, if the computer freehold register has not been cre- 20 ated by the settlement date.

(3) In this section, authorised person means a person authorised by the chief executive of the land holding agency for the li- censed land.
Subpart 4—Right of first refusal in relation to RFR land Interpretation 110 Interpretation In this subpart and Schedule 4, unless the context requires another meaning,— dispose of, for RFR land,— (a) means to— (i) transfer or vest the fee simple estate in the land; or 25 30 69 Part 3 cl 111 Ngāti Manuhiri Claims Settlement Bill (ii) 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), for 50 years or longer; but (b) to avoid doubt, does not include to— (i) mortgage, or give a security interest in, the land; or grant an easement over the land; or consent to an assignment of a lease, or to a sub- lease, of the land; or remove an improvement, fixture, or fitting from the land (ii) (iii) (iv) expiry date, for an offer, means its expiry date under sec- tions 114(a) and 115 notice means a notice under this subpart offer means an offer by an RFR landowner to dispose of RFR land to the trustees RFR landowner, for RFR land,— (a) means the Crown, if the land is vested in the Crown or 5 10 15 the Crown holds the fee simple estate in the land; and 20 (b) means a Crown body, if the body holds the fee simple (c) (d) estate in the land; and includes a local authority to which RFR land has been disposed of under section 120(1); but to avoid doubt, does not include an administering body 25 in which RFR land is vested on the settlement date or (under section 121(1)) after the settlement date RFR period means the period of 169 years starting on the settlement date specified RFR property means each property listed as a spe- 30 cified property in the appendix of the legislative matters sched- ule of the deed of settlement.
111 Meaning of RFR land (1) In this Act, RFR land— (a) means land within the area shown on the RFR plan 35 in the attachments to the deed of settlement if, on the settlement date, the land— 70 Ngāti Manuhiri Claims Settlement Bill Part 3 cl 113 (iii) (i) (ii) is vested in the Crown; or is held in fee simple by the Crown or a Crown body; or is a reserve vested in an administering body that derived title to the reserve from the Crown; and includes land obtained in exchange for a disposal of RFR land under section 125(1)(c) or 126; but does not include a commercial redress property.
5 (b) (c) (2) However, land ceases to be RFR land if— (a) (b) (c) (d) the fee simple estate in the land transfers from the RFR 10 landowner to— (i) (ii) the trustees or their nominee (for example, under a contract formed under section 118); or any other person (including the Crown or a Crown body) under section 113(3); or the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body under— (i) (ii) the land’s RFR period ends; or for a specified RFR property, notice is given for the property under section 112. any of sections 122 to 128; or anything referred to in section 129(1); or 15 20 112 (1) (2) (3) Specified RFR property may cease to be RFR land The Minister for Treaty of Waitangi Negotiations may, for a 25 specified RFR property, give notice to both the RFR landowner and the trustees that the property ceases to be RFR land.
The notice may be given at any time before a contract is formed under section 118 for the disposal of the property.

The property ceases to be RFR land on the day on which the 30 notice is given.

Restrictions on disposal of RFR land 113 Restrictions on disposal of RFR land (1) An RFR landowner must not dispose of RFR land to any per- son other than the trustees or their nominee unless the land is 35 disposed of under subsection (2) or (3).
71 Part 3 cl 114 Ngāti Manuhiri Claims Settlement Bill (2) (3) The RFR land may be disposed of under any of sections 119 to 128 or under anything referred to in section 129(1).
The RFR land may be disposed of 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— (a) made in accordance with section 114; and (b) on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person referred to in subsection (1); and not withdrawn under section 116; and not accepted under section 117.
(c) (d) Trustees’ right of first refusal 114 Requirements for offer An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees incorporating— the terms of the offer, including its expiry date; and (a) a legal description of the land (including any interests (b) affecting it) and the reference for any computer register that contains the land; and a street address for the land (if applicable); and a street address, postal address, and fax number for the trustees to give notices to the RFR landowner in relation to the offer.
(c) (d) 5 10 15 20 115 Expiry date of offer (1) The expiry date of an offer must be on or after the 20th working 25 day after the day on which the trustees receive notice of the offer.
(2) However, the expiry date of an offer may be on or after the 10th working day after the day on which the trustees receive notice of the offer if— (a) the trustees received an earlier offer to dispose of the land; and the expiry date of the earlier offer was no earlier than 6 months before the expiry date of the later offer; and the earlier offer was not withdrawn.
(b) (c) 72 30 35 Ngāti Manuhiri Claims Settlement Bill Part 3 cl 119 116 Withdrawal of offer The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted.

(2) (2) 117 Acceptance of offer (1) The trustees may, by notice to the RFR landowner who made 5 an offer, accept the offer if— (a) (b) The trustees must accept all the RFR land offered, unless the offer permits them to accept less.

it has not been withdrawn; and its expiry date has not passed.
10 118 Formation of contract (1) If the trustees accept, under section 117, an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the landowner and the trustees on the terms in the offer, including the terms set out in sub- 15 sections (3) to (6).

The terms of the contract may be varied by written agreement between the landowner and the trustees.
(3) Under the contract, the trustees may nominate any person other than the trustees who is lawfully able to hold the RFR land (the 20 nominee) to receive the transfer of the land.

The trustees may nominate a nominee only by giving notice to the landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
The notice must specify— (a) (b) the full name of the nominee; and any other details about the nominee that the landowner needs in order to transfer the RFR land to the nominee.

If the trustees nominate a nominee, the trustees remain liable for the obligations of the transferee under the contract.
30 25 (4) (5) (6) Disposals to others where land remains RFR land 119 Disposals to the Crown or Crown bodies (1) An RFR landowner may dispose of RFR land to— (a) the Crown; or 35 73 Part 3 cl 120 Ngāti Manuhiri Claims Settlement Bill (2) a Crown body.

(b) To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 143(5) or 206 of the Education Act 1989.
5 120 Disposals 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 by section 2 of that Act).

To avoid doubt, if RFR land is disposed of to a local authority 10 under subsection (1), the local authority becomes— (a) (b) the RFR landowner of the land; and subject to the obligations of an RFR landowner under this subpart.
(2) 121 Disposals of reserves to administering bodies (1) An RFR landowner may dispose of RFR land in accordance 15 (2) with section 26 or 26A of the Reserves Act 1977.

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) (b) the RFR landowner of the land; or 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.

Disposals to others where land may cease to be RFR land 122 Disposals in accordance with enactment or rule of law An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
20 25 30 74 Ngāti Manuhiri Claims Settlement Bill Part 3 cl 125 123 Disposals in accordance with legal or equitable obligation An RFR landowner may dispose of RFR land in accordance with— (a) a legal or equitable obligation that— was unconditional before the settlement date; or (i) (ii) was conditional before the settlement date but became unconditional on or after the settlement date; or arose after the exercise (whether before, on, or after the settlement date) of an option existing 10 before the settlement date; or (iii) 5 (b) the requirements, existing before the settlement date, of a gift, an endowment, or a trust relating to the land.
124 Disposals by the Crown under certain legislation The Crown may dispose of RFR land in accordance with— 15 (a) (b) section 54(1)(d) of the Land Act 1948; or section 355(3) of the Resource Management Act 1991; or subpart 3 of Part 2 of the Marine and Coastal Area (Takutai Moana) Act 2011.
(c) 20 125 Disposals of land held for public works (1) An RFR landowner may dispose of RFR land in accordance with— (a) 25 (b) (c) (d) section 40(2) or (4) or 41 of the Public Works Act 1981 (including as applied 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 Corporation 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 application by an RFR landowner 35 under section 41(e) of the Public Works Act 1981.

(e) 30 (2) 75 Part 3 cl 126 Ngāti Manuhiri Claims Settlement Bill 126 Disposals 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.
5 127 Disposals for charitable purposes An RFR landowner may dispose of RFR land as a gift for charitable purposes.
128 Disposals to tenants The Crown may dispose of RFR land— (a) 10 that was held for education purposes on the settlement date to a person who, immediately before the disposal, is a tenant of the land or of all or part of a building on the land; or under section 67 of the Land Act 1948, if the disposal 15 is to a lessee under a lease of the land— (i) (ii) granted before the settlement date; or granted on or after the settlement date under a right of renewal contained in a lease granted be- fore the settlement date; or under section 93(4) of the Land Act 1948.
20 129 RFR landowner’s obligations subject to other things (1) An RFR landowner’s obligations under this subpart in relation to RFR land are subject to— (a) any other enactment or rule of law but, for a Crown 25 body, the obligations apply despite the purpose, func- tions, or objectives of the Crown body; and any interest, or legal or equitable obligation,— (i) that prevents or limits an RFR landowner’s dis- posal of RFR land to the trustees; and that the RFR landowner cannot satisfy by taking reasonable steps; and (ii) 30 (c) the terms of a mortgage over, or security interest in, RFR land.
Reasonable steps, for the purposes of subsection (1)(b)(ii), 35 do not include steps to promote the passing of an enactment.

(2) 76 (b) (c) (b) Ngāti Manuhiri Claims Settlement Bill Part 3 cl 131 (3) This subpart does not limit anything referred to in subsection (1).
130 Notice of RFR land with computer register after Notices (1) (2) (3) (4) 5 settlement date If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief ex- ecutive of LINZ notice that the register has been created.

If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give 10 the chief executive of LINZ notice 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.

The notice must specify the legal description of the land and identify the computer register that contains the land.

15 131 Notice to trustees of disposals of RFR land to others (1) An RFR landowner must give the trustees notice of the dis- (2) (3) posal of RFR land by the landowner to a person other than the 20 trustees or their nominee.
The notice must be given on or before the day that is 20 work- ing days before the day of the disposal.
The notice must— (a) specify the legal description of the land (including any 25 interests affecting it) and identify any computer register that contains the land; and specify a street address for the land (if applicable); and identify the person to whom the land is being disposed of; and explain how the disposal complies with section 113; and if the disposal is being made under section 113(3), include a copy of the written contract for the disposal.
30 (b) (c) (d) (e) 77 Part 3 cl 132 Ngāti Manuhiri Claims Settlement Bill 132 Notice of land ceasing to be RFR land (1) Subsections (2) and (3) apply if land contained in a com- puter register is to cease being RFR land because— (a) the fee simple estate in the land is to transfer from the RFR landowner to— (i) the trustees or their nominee (for example, under a contract formed under section 118); or any other person (including the Crown or a Crown body) under section 113(3); or (ii) 5 (b) the fee simple estate in the land is to transfer or vest 10 from the RFR landowner to or in a person other than the Crown or a Crown body under— (i) (ii) any of sections 122 to 128; or anything referred to in section 129(1).
The RFR landowner must, as early as practicable before the 15 transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.

The notice must— (a) specify the legal description of the land and identify the computer register that contains the land; and (b) specify the details of the transfer or vesting of the land.
Subsections (5) and (6) apply if land contained in a com- puter register ceases to be RFR land because the land is all or part of a specified RFR property and notice is given for the property under section 112.

The RFR landowner must, as soon as practicable after receiv- ing the notice under section 112, give the chief executive of LINZ notice that the land has ceased to be RFR land.
The notice must— (a) specify the legal description of the land and identify the 30 computer register that contains the land; and include a copy of the notice given under section 112.

20 25 (b) (2) (3) (4) (5) (6) 133 Notice requirements Schedule 4 applies to notices given under this subpart by or to— (a) (b) an RFR landowner; or the trustees.
35 78 Ngāti Manuhiri Claims Settlement Bill Part 3 cl 135 Memorials for RFR land 134 Recording memorials on computer registers for RFR land The chief executive of LINZ must issue to the Registrar-Gen- (1) eral 1 or more certificates that specify the legal descriptions of, and identify the computer registers that contain,— (a) 5 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 cre- ated after the settlement date; and land for which there is a computer register that becomes 10 RFR land after the settlement date.
(b) (c) (2) (3) (4) (5) 15 (b) The chief executive must issue a certificate as soon as is rea- sonably practicable after— (a) the settlement date, for RFR land for which there is a computer register on the settlement date; or receiving a notice under section 130 that a computer register has been created for the RFR land or that the land has become RFR land, for any other land.

Each certificate must state that it is issued under this section.
The chief executive must provide a copy of each certificate to 20 the trustees as soon as is reasonably practicable after issuing the certificate.
The Registrar-General must, as soon as is reasonably prac- ticable after receiving a certificate issued under this section, record on each computer register identified in the certificate 25 that the land described in the certificate (and contained in the computer register) is— (a) (b) RFR land as defined by section 111 of this Act; and subject to this subpart of this Act (which restricts dis- posal, including leasing, of the land).
135 Removal of memorials when land ceases to be RFR land (1) The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 132(2), issue to the Registrar-General a certificate that— (a) specifies the legal description of the land and identifies the computer register that contains the land; and 79 30 35 Part 3 cl 136 Ngāti Manuhiri Claims Settlement Bill (b) specifies the details of the transfer or vesting of the land; and states that it is issued under this subsection.
(c) The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 132(5), 5 issue to the Registrar-General a certificate that— (a) specifies the legal description of the land, and identifies the computer register that contains the land, described in the notice; and includes a copy of the notice given under section 112; 10 and states that it is issued under this subsection.
(b) (c) The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.

If the Registrar-General receives a certificate issued under subsection (1), he or she must remove any memorial recorded under section 134 from the computer register identified in the certificate, immediately before registering the transfer or vesting described in the certificate.
If the Registrar-General receives a certificate issued under subsection (2), he or she must remove any memorial recorded under section 134 from the computer register iden- tified in the certificate, as soon as is reasonably practicable.
15 20 25 136 Removal of memorials when RFR period ends (1) The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends for any RFR land, issue to the Registrar-General a certificate that— (a) identifies each computer register for the RFR land for which the RFR period has ended that still has a memor- 30 ial recorded on it under section 134; and states that it is issued under this section.
(b) The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate.

The Registrar-General must, as soon as is reasonably practic- able after receiving a certificate issued under this section, re- 35 (2) (3) (4) (5) (2) (3) 80 Ngāti Manuhiri Claims Settlement Bill Part 3 cl 139 move a memorial recorded under section 134 from any com- puter register identified in the certificate.
General provisions 137 Waiver and variation (1) The trustees may, by notice to an RFR landowner, waive any of 5 the rights the trustees have in relation to the landowner under this subpart.

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.

10 (2) (3) A waiver or agreement under this section is on the terms, and applies for the period, specified in it.
138 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.

15 139 Assignment of rights and obligations under this subpart (1) Subsection (3) applies if an RFR holder— (a) assigns the RFR holder’s rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder’s constitutional documents; and has given the notices required by subsection (2).
(b) (2) Notices must be given to each RFR landowner— (a) (b) (c) (d) stating that the RFR holder’s rights and obligations under this subpart are being assigned under this section; and specifying the date of the assignment; and specifying the names of the assignees and, if they are the trustees of a trust, the name of the trust; and specifying the street address, postal address, or fax number for notices to the assignees.
(3) This subpart and Schedule 4 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees, with all necessary modifications.

81 20 25 30 Part 3 cl 139 Ngāti Manuhiri Claims Settlement Bill (4) In this section, RFR holder means the 1 or more persons who have the rights and obligations of the trustees under this sub- part, either because— (a) (b) they are the trustees; or they have previously been assigned those rights and 5 obligations under this section.
82 Ngāti Manuhiri Claims Settlement Bill Schedule 1 Statutory area Schedule 1 Statutory areas Location ss 26, 37(1) Mount Tamahunga, comprising the remainder of Omaha Ecological Area after excluding the Mount Tamahunga summit site Motu Hāwere, comprising— (a) the remainder of Leigh Recre- ation Reserve after excluding the Leigh Recreation Reserve site; and Goat Island Scientific Reserve (b) Ngāroto Lakes, comprising— (a) (b) (c) Tohitohi o Reipae Slipper Lake; and Spectacle Lake; and Tomarata Lake Pohuehue Scenic Reserve Kawau Island Historic Reserve Coastal statutory acknowledgement area Hōteo River Pūhoi River Pākiri River Poutawa Stream Matakana River Waiwerawera As shown on OTS–125–11 As shown on OTS–125–12 As shown on OTS–125–19 As shown on OTS–125–20 As shown on OTS–125–22 As shown on OTS–125–23 As shown on OTS–125–06 As shown on OTS–125–15 As shown on OTS–125–14 As shown on OTS–125–16 As shown on OTS–125–17 As shown on OTS–125–18 As shown on OTS–125–21 83 Schedule 2 Ngāti Manuhiri Claims Settlement Bill Schedule 2 Whenua rāhui sites s 43 Whenua rāhui site Location Description Te Hauturu-o-Toi / Little Barrier Island gift area As shown on OTS–125–10 North Auckland Land Dis- trict—Auckland Council 2 815.7630 hectares, more or less, being Section 2 SO 440008 (balance of the land in Gazette notice 631196.1).
North Auckland Land Dis- trict—Auckland Council 530.5877 hectares, more or less, being Lot 1 DP 117547, Lot 2 DP 101905, Section 3 SO 440975, Al- lotment 195 Parish of Om- aha, and Part sea bed SO 58865 (marine reserve).
Wakatūwhenua, prising— (a) com- As shown on OTS–125–13 remainder the of Leigh Recre- ation Reserve after excluding the Leigh Recre- Reserve ation site; and Goat Island Sci- entific Reserve; and Cape ney–Okakari Marine Reserve Rod- (b) (c) 84 Ngāti Manuhiri Claims Settlement Bill Schedule 3 Schedule 3 Cultural redress properties ss 61, 68(1) Name of site Description Interests Mount Tamahunga summit site Leigh Recreation Reserve site Pākiri Domain Recreation Reserve site Pākiri Block conservation area North Auckland Land District—Auckland Council 10.1590 hectares, more or less, being Section 1 SO 440010.
Part Gazette 1982, p 4108.

North Auckland Land District—Auckland Council 5.46405.4670 hectares, more or less, being Sec- tion 1 SO 440975.

Part computer freehold regis- ter NA57B/517.

Exclud- ing an undivided one-half share in all shell, sand, lying on and shingle the land within, upon, or along the northern boundary, conveyed by deed 333272 (R431/603).

0.1354 hectares, more or less, being Section 2 SO 440975.

All Gazette 1998, p 1049.


North Auckland Land District—Auckland Council 2.0148 hectares, more or less, being Section 1 SO 440006.

All Gazette 1979, p 1393.

North Auckland Land District—Auckland Council 47.3836 hectares, more or less, being Section 43 Block VI Pākiri Survey District.

Scientific reserve subject to section 21 of the Re- serves Act 1977.

Subject to a determin- ation made under sec- tion 16(1) of the New Zealand Walkways Act 1990 (which is unregis- trable).
Recreation reserve sub- ject to section 17 of the Reserves Act 1977.

Subject to the easement created by deed 333272 (R431/603), which af- fects SO 440975.

Section 1 Recreation reserve sub- ject to section 17 of the Reserves Act 1977. to an unregis- Subject tered licence grazing to Pākiri Hall Advisory Committee.

Subject to the conserva- tion covenant referred to in section 65(3).
85 Schedule 3 Ngāti Manuhiri Claims Settlement Bill Name of site Description Interests the Subject to the conserva- tion covenant referred to in section 66(2).

Subject to a deed of lease to Ngati Wai Trust Board dated 1 August 1996 as renewed by an unregis- tered deed of renewal of lease dated 2006.

Subject to the conserva- tion covenant referred to in section 67(3)(a).

Subject to the right of way easement referred to in section 67(3)(b).
Subject ease- to ment for a right to con- electricity, vey water, telecommunications, and computer media, and to drain sewage and waste water, referred to in sec- tion 67(3)(c).

Subject to the easement for a right to drain sewage and waste water referred to in section 67(3)(d).
to an unregis- Subject tered conces- sion to the Manuhiri Omaha Kaitiakitanga Ora Charitable Trust with concession num- ber AK–17145–GUI and dated 22 July 2009. to an unregis- Subject conces- tered sion to Tom McMurdo with concession num- ber AK–27618–GUI and dated 2 August 2010. guiding guiding Pākiri riverbed site Te Maraeroa North Auckland Land District—Auckland Council 4.8700 hectares, more or less, being Sections 1, 2, and 3 SO 442817.
North Auckland Land District—Auckland Council 1.2370 hectares, more or less, being Section 1 SO 440008.

Part Gazette no- tice 631196.1.
86 Ngāti Manuhiri Claims Settlement Bill Schedule 4 Schedule 4 Notices in relation to RFR land ss 133, 139(3) 1 Requirements for giving notice A notice by or to an RFR landowner or the trustees under sub- part 4 of Part 3 must be— (a) in writing and signed by— (i) (ii) the person giving it; or at least 2 of the trustees of the trust, for a notice given by the trustees; and 5 (b) (c) addressed to the recipient at the street address, postal 10 address, or fax number— (i) specified for the trustees in accordance with the deed of settlement, for a notice to the trustees; or specified by the RFR landowner in an offer made under section 114, specified in a later notice 15 given to the trustees, or identified by the trustees as the current address or fax number of the RFR landowner, for a notice to an RFR landowner; or of the national office of LINZ, for a notice to the chief executive of LINZ under section 130 or 20 132; and (ii) (iii) given by— (i) delivering it by hand to the recipient’s street ad- dress; or posting it to the recipient’s postal address; or faxing it to the recipient’s fax number.
(ii) (iii) Time when notice received 2 (1) A notice is to be treated as having been received— (a) (b) (c) at the time of delivery, if delivered by hand; or on the second day after posting, if posted; or at the time of transmission, if faxed.
(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— 87 25 30 Ngāti Manuhiri Claims Settlement Bill (a) (b) after 5 pm on a working day; or on a day that is not a working day.

Legislative history Introduction (Bill 6–1) First reading and referral to Māori Affairs Committee 5 March 2012 8 March 2012 12 Published under the authority of the House of Representatives—2012 Wellington, New Zealand: 88