Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846580412.pdf (New Zealand)
Te Kawerau ā Maki Claims Settlement Act 2015 Public Act 2015 No 75 Date of assent 14 September 2015 Commencement see section 2 Contents Title Commencement Part 1 Preliminary matters, acknowledgements and apology, and settlement of historical claims Preliminary matters Purpose Provisions to take effect on settlement date Act binds the Crown Outline Acknowledgements and apology of the Crown Acknowledgements and apology Acknowledgements Apology Interpretation provisions Interpretation of Act generally Interpretation Meaning of Te Kawerau ā Maki Meaning of historical claims Historical claims settled and jurisdiction of courts, etc, removed Settlement of historical claims final Page 7 7 7 7 7 7 9 9 14 15 15 18 19 20 1 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 Amendment to Treaty of Waitangi Act 1975 Amendment to Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply Certain enactments do not apply Resumptive memorials to be cancelled Miscellaneous matters Rule against perpetuities does not apply Access to deed of settlement Provisions that have same effect Part 2 Cultural redress Subpart 1—Protocols Interpretation General provisions applying to protocols Issuing, amending, and cancelling protocols Protocols subject to rights, functions, and duties Enforcement of protocols Crown minerals protocol Taonga tūturu protocol Crown minerals Taonga tūturu Subpart 2—Statutory acknowledgement and deed of recognition Interpretation Statutory acknowledgement Statutory
 acknowledgement by the Crown Purposes of statutory acknowledgement Relevant consent authorities to have regard to statutory acknowledgement Environment Court to have regard to statutory acknowledgement Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement Recording statutory acknowledgement on statutory plans Provision of summary or notice to trustees Use of statutory acknowledgement Issuing and amending deed of recognition Deed of recognition 20 21 21 22 23 23
recognition Deed of recognition No 75 Te Kawerau ā Maki Claims Settlement Act 2015 General provisions relating to statutory acknowledgement and deed of recognition Application of statutory acknowledgement to river or stream Exercise of powers and performance of functions and duties Rights not affected Consequential amendment to Resource Management Act 1991 Amendment to Resource Management Act 1991 Subpart 3—Whenua rāhui Interpretation Declaration of whenua rāhui and the Crown’s acknowledgement Purposes of whenua rāhui Effect of protection principles Obligations on New Zealand Conservation Authority and Conservation Boards Noting of whenua rāhui in strategies and plans Notification in Gazette Actions by Director-General Amendment to strategies or plans Regulations Bylaws Existing classification of whenua rāhui area Termination of whenua rāhui Exercise of powers and performance of functions and duties Rights not affected Subpart 4—Official geographic names Interpretation Official geographic names Publication of official geographic names Subsequent alteration of official geographic names Subpart 5—Vesting of cultural redress properties Interpretation Properties vested in fee simple Te Henga site A Wai Whauwhaupaku Property vested in fee simple to be held as Māori reservation Te Onekiritea Point property Properties vested in fee simple to be administered as reserves Parihoa site
 B Te Henga site B Te Kawerau Pā Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Te Kawerau Pā vests subject to, or together with, interests Properties vested in fee simple subject to conservation covenant Muriwai Opareira Parihoa site A
 Kopironui property vested in fee simple Interpretation Fee simple estate in Kopironui property vested Licensor or joint licensors Jurisdiction of Māori Land Court in relation to Kopironui property Proceedings to determine ownership of Kopironui property Determination by Māori Land Court Agreement by consent order Order of Court Procedural matters Powers and procedures of Māori Land Court Service and notification of order General provisions applying to vesting of cultural redress properties Vesting of share of fee simple estate in property Properties vest subject to or together with interests Interests that are not interests in land Registration of ownership Registration of ownership of Kopironui property Application of Part 4A of Conservation Act 1987 Matters to be recorded on computer freehold register Application of other enactments Names of Crown protected areas discontinued Further provisions applying to reserve properties Application of other enactments to reserve properties Subsequent transfer of reserve land Transfer of reserve land to new administering body Transfer of reserve land to trustees of existing administering body if trustees change Reserve land not to be mortgaged Saving of bylaws, etc, in relation to reserve properties Part 3 Commercial redress 95 Interpretation No 75 Te Kawerau ā Maki Claims Settlement Act 2015 96 97 98 99 100 101 102 103 104 105 106 107 108
 109 110 111 112 Subpart 1—Transfer of commercial redress property and deferred selection properties The Crown may transfer properties Transfer of share of fee simple estate in Housing Block Minister of Conservation may grant easements Computer freehold registers for deferred selection properties and Housing Block Computer freehold register for licensed land Authorised person may grant covenant for later creation of computer freehold register Application of other enactments Subpart 2—Licensed land Licensed
 land ceases to be Crown forest land Trustees are confirmed beneficiaries and licensors of licensed land Effect of transfer of licensed land Subpart 3—Access to protected sites Right of access to protected sites Right of access over licensed land Right of access to be recorded on computer freehold registers Subpart 4—Right of first refusal over RFR land Interpretation Interpretation Meaning of RFR land Meaning of exclusive RFR land RFR land required for another Treaty of Waitangi settlement Application of this subpart 113 When this subpart comes into effect 114 Restrictions on disposal of RFR land Restrictions on disposal of RFR land Governance entities’ right of first refusal 115 116 117 118 119 120 121 122 Requirements for offer Expiry date of offer Withdrawal of offer Acceptance of offer Formation of contract Disposals to others but land remains RFR land Disposal to the Crown or Crown bodies Disposal of existing public works to local authorities Disposal of reserves to administering bodies 54 55 55 55 56 56 56 57 57 58 58 59 59 59 63 63 64 64 65 66 66 67 67 68 68 69 69 5 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 Disposals to others where land may cease to be RFR land Disposal in accordance with obligations under enactment or rule of law Disposal in accordance with legal or equitable obligations Disposal under certain legislation Disposal of land held for public works Disposal for reserve or conservation purposes Disposal for charitable purposes
 Disposal to tenants Disposal by Housing New Zealand Corporation 123 124 125 126 127 128 129 130 131 RFR landowner’s obligations subject to other matters RFR landowner obligations Notices about RFR land Notice to LINZ of RFR land with computer register after RFR date Notice to governance entities of disposal of RFR land to others Notice to LINZ of land ceasing to be RFR land Notice to governance entities if disposal of non-exclusive RFR land being considered Notice to governance entities if disposal of
 Auckland Prison being considered Notice requirements Right of first refusal recorded on computer registers Right of first refusal to be recorded on computer registers for RFR land Removal of notifications when land to be transferred or vested Removal of notifications when notice given under section 112 Removal of notifications when RFR period ends General provisions applying to right of first refusal Waiver and variation Disposal of Crown bodies not affected Assignment of rights and obligations under this subpart Schedule 1 Statutory areas Schedule 2 Whenua rāhui area Schedule 3 Cultural redress properties Schedule 4 Notices in relation to RFR land No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 1 s 6 The Parliament of New Zealand enacts as follows: 1 2 Title This Act is the Te Kawerau ā Maki Claims Settlement Act 2015.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Preliminary matters, acknowledgements and apology, and settlement of historical claims Preliminary matters 3 Purpose The purpose of this Act is— (a) (b) to record in English and te reo Māori the acknowledgements and apolo- gy given by the Crown to Te Kawerau ā Maki in the deed of settlement; and to give effect to certain provisions of the deed of settlement that settles the historical claims of Te Kawerau ā Maki.
4 (1) (2) Provisions to take effect on settlement date The provisions of this Act take effect on the settlement date unless stated other- wise.

Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— (a) (b) (c) the provision to have full effect on that date; or a power to be exercised under the provision on that date; or a duty to be performed under the provision on that date.

5 Act binds the Crown This Act binds the Crown.


6 (1) Outline This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement.
(2) This Part— (a) sets out the purpose of this Act; and 7 Part 1 s 6 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (b) (c) (d) (e) (f) (g) 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 text of the acknowledgements and apology given by the Crown to Te Kawerau ā Maki, as recorded in the deed of settlement; and defines terms used in this Act, including key terms such as Te Kawerau ā Maki and historical claims; and provides that the settlement of the historical claims is final; and provides for— (i) (ii) (iii) (iv) (v) the effect of the settlement of the historical claims on the jurisdic- tion of a court, tribunal, or other judicial body in respect of the historical claims; and a consequential amendment to the Treaty of Waitangi Act 1975; and the effect of the settlement on certain memorials; and the exclusion of the law against perpetuities; and access to the deed of settlement.
(3) Part 2 provides for cultural redress, including— (a) cultural redress that does not involve the vesting of land, namely,— (i) (ii) (iii) (iv) protocols for Crown minerals and taonga tūturu on the terms set out in the documents schedule; and a statutory acknowledgement by the Crown of the statements made by Te Kawerau ā Maki of their cultural, historical, spiritual, and traditional association with certain statutory areas and the ef- fect of that acknowledgement, together with a deed of recognition for the specified area; and the whenua rāhui applying to a certain area of land; and the provision of official geographic names; and (b) cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties, including the vesting of the Kopiro- nui property pursuant to a determination of the Māori Land Court made under the jurisdiction conferred on the court by subpart 5 of Part 2.
(4) Part 3 provides for commercial redress, including,— in subpart 1, the transfer of the commercial redress property, deferred se- lection properties, and the Housing Block; and in subpart 2, the licensed land redress; and in subpart 3, the provision of access to protected sites; and in subpart 4, the right of first refusal (RFR) redress.
(a) (b) (c) (d) 8 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 1 s 8 (5) There are 4 schedules, as follows: (a) (b) (c) (d) Schedule 1 describes the statutory areas to which the statutory acknow- ledgement relates and for which a deed of recognition is issued: Schedule 2 describes the whenua rāhui area to which 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.
Acknowledgements and apology of the Crown Acknowledgements and apology Sections 8 and 9 record in English and te reo Māori the text of the acknow- ledgements and apology given by the Crown to Te Kawerau ā Maki in the deed of settlement.

The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
Acknowledgements The Crown acknowledges that until now it has failed to deal with the long- standing grievances of Te Kawerau ā Maki in an appropriate way and that rec- ognition of these grievances is long overdue.

The Crown acknowledges that Te Kawerau ā Maki has honoured its obligations under the Treaty of Waitangi since 1840.
The Crown acknowledges that in considering pre-Treaty land transactions and pre-emption waiver purchases for lands in which Te Kawerau ā Maki had inter- ests, it breached the Treaty of Waitangi and its principles when it— (a) (b) failed to consider the interests of Te Kawerau ā Maki before approving these transactions; and applied a policy of taking surplus lands from these transactions without assessing the adequacy of lands that Te Kawerau ā Maki held.
The Crown acknowledges that it did not properly apply certain regulations for pre-emption waiver transactions, including for lands in the West Auckland and upper Waitemata Harbour regions.

The Crown also acknowledges that it did not always protect Māori interests during investigation into these transactions.
The Crown acknowledges that in purchasing the extensive area called Mahur- angi and Ōmaha in 1841 it breached the Treaty of Waitangi and its principles when it— (a) failed to conduct an adequate investigation of customary rights when it purchased the land; and 7 (1) (2) 8 (1) (2) (3) (4) (5) 9 Part 1 s 8 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (b) (c) acquired the land without the knowledge and consent of Te Kawerau ā Maki; and failed to provide adequate compensation and reserves for the future use and benefit of Te Kawerau ā Maki when it later learned of their interests in the purchase area.
(6) The Crown further acknowledges that— (a) (b) it failed to adequately survey and define the Mahurangi and Ōmaha pur- chase and this caused confusion and uncertainty for Te Kawerau ā Maki; and the process whereby the Crown granted land to settlers within the Ma- hurangi and Ōmaha purchase area compounded the prejudice arising from the 1841 transaction.
(7) The Crown acknowledges that in purchasing the extensive area called Hikuran- gi in 1853–1854 it breached the Treaty of Waitangi and its principles when it— (a) (b) (c) failed to conduct an adequate investigation of customary rights when it purchased this land; and acquired the land without the knowledge or consent of Te Kawerau ā Maki; and failed to provide adequate compensation or reserves for the future use and benefit of Te Kawerau ā Maki when it later learned of their interests in the land.
The Crown acknowledges that the 1853 and 1854 purchase deeds for Hikuran- gi, Paeōterangi, and Puatainga contained provisions that 10% of the proceeds of sale were to be expended for the benefit of Māori and for specific payments to be made to the vendors.

The Crown failed to keep adequate records after 1874 and the vendors, including Te Kawerau ā Maki, received no further iden- tifiable benefit under the 10% provision.
The Crown acknowledges that when it purchased a large amount of land in the Waitākere region between 1853 and 1856 it failed to actively protect Te Kawer- au ā Maki by ensuring adequate lands were reserved from the purchase and thereafter protected from alienation and this was in breach of the Treaty of Waitangi and its principles.
(8) (9) (10) The Crown acknowledges that— (a) (b) it introduced the native land laws without consulting Te Kawerau ā Maki and the individualisation of title imposed by these laws was inconsistent with Te Kawerau ā Maki tikanga; and Te Kawerau ā Maki had no choice but to participate in the Native Land Court system to protect their interests in their lands and to integrate into the modern economy; and 10 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 1 s 8 (c) (d) the Native Land Court title determination process carried significant costs, including survey and hearing costs, which at times contributed to the alienation of Te Kawerau ā Maki land; and the operation and impact of the native land laws made the lands of Te Kawerau ā Maki more susceptible to partition, fragmentation, and alien- ation.
This further contributed to the erosion of tribal structures of Te Kawerau ā Maki, which were based on collective ownership of land.

The Crown failed to take adequate steps to actively protect those structures.

This had a prejudicial effect on Te Kawerau ā Maki and was a breach of the Treaty of Waitangi and its principles.
(11) The Crown acknowledges that it did not promote any means in the native land law legislation for a form of collective title enabling Te Kawerau ā Maki to ad- minister and utilise their lands until 1894, by which time title to much Te Ka- werau ā Maki land had been awarded to individuals.

The failure to promote a legal means for collective administration of Te Kawerau ā Maki land was a breach of the Treaty of Waitangi and its principles.
(12) The Crown acknowledges that lands of significance to Te Kawerau ā Maki at Kopironui and elsewhere were acquired by the Crown for sand-dune reclama- tion purposes between 1920 and 1951, including through compulsory taking.
The Crown acknowledges that it did not work with Te Kawerau ā Maki to find an alternative to compulsory acquisition and that the loss of these lands has hindered Te Kawerau ā Maki access to urupā, kaimoana, and other resources and that this acquisition has been a major grievance for Te Kawerau ā Maki.
(13) The Crown acknowledges the loss of Te Kawerau ā Maki wāhi tapu through Crown and private purchases and public works takings and that this loss was prejudicial to Te Kawerau ā Maki cultural and spiritual well-being.

(14) The Crown acknowledges that Te Kawerau ā Maki have experienced ongoing difficulties in accessing and managing their few remaining lands.
(15) The Crown acknowledges that the cumulative effect of the Crown purchasing, public works takings, and private purchasing has left Te Kawerau ā Maki virtu- ally landless.

The Crown’s failure to ensure that Te Kawerau ā Maki were left with sufficient land for their present and future needs was a breach of the Trea- ty of Waitangi and its principles.
This hindered the social, economic, and cul- tural development of Te Kawerau ā Maki as a tribe, and undermined the ability of Te Kawerau ā Maki to protect and manage their taonga and their wāhi tapu and to maintain spiritual connections to their lands.

The Crown further ac- knowledges that this has severely impacted on the well-being of Te Kawerau ā Maki today.
Whakaaetanga ki te Whakataunga a Te Kawerau ā Maki (1) E whakaae ana te Karauna, mohoa noa nei, nōna i hē ai ki te whakatikatika i ngā aureretanga nō mai rā anō o Te Kawerau ā Maki i runga i te tika me te pono ā, kua roa rawa te wā e noho tārewa tonu ana ēnei nawe.

11 Part 1 s 8 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (2) (3) (4) (5) E whakaae ana te Karauna, e te mau tonu a Te Kawerau ā Maki ki ōna here ki raro i Te Tiriti o Waitangi mai i te tau 1840.
E whakaae ana te Karauna, nā te whakatau i ngā whakawhitinga whenua nō mua i te Tiriti me ngā hokonga ā-unu mana hoko mō ngā whenua i whai pānga atu ai a Te Kawerau ā Maki, he takahitanga tērā i te Tiriti o Waitangi me ōna mātāpono inā— (a) (b) kāore i āta whakaarohia ngā pānga tuku iho o Te Kaweau ā Maki i mua i te whakaaetanga atu o ēnei whakawhitinga; ā ka whakahaeretia he kaupapahere e hāngai ana ki te tango i ngā whenua e toe ana i ēnei whakawhitinga me te kore aro atu ki te hāngaitanga o ngā whenua i pupurutia tonutia ai e Te Kawerau ā Maki.
E whakaae ana te Karauna, kāore ia i āta whakarite here e pā ana ki ngā whakawhitinga ā-unu mana hoko, tae atu ki ngā whenua i Tāmaki Makaurau ki te Uru me ngā rohe o te Whanga o Waitematā ki runga.

E whakaae hoki ana te Karauna, kāore i āta tiakina e ia ngā pānga Māori i ngā wā katoa i te wā o ngā uiuitanga i ēnei whakawhitinga.
E whakaae ana te Karauna, nā tana hokonga i te whenua rarahi nei e kīia ana, ko “Mahurangi me Ōmaha” i te tau 1841, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono inā— (a) (b) (c) kāore i whakahaeretia he āta uiuitanga e pā ana ki ngā mana tuku iho i te wā tonu o taua hokonga whenua; ā ka riro whenua atu ki a ia me te kore mōhiotanga me te kore whakaaetanga o Te Kāwerau ā Maki; ā kāore i tukuna he kamupeniheihana e tika ana, tae atu ki ngā whenua rāhui hei whakamahinga, hei painga anō hoki mō Te Kawerau ā Maki i te whakamōhiotanga atu i muri mai, he pānga nō rātou ki te rohe whenua i hokona ai.
(6) E whakaae ana hoki te Karauna— (a) (b) kāore i āta rūrihia, kāore hoki i āta tūtohua e ia te hokonga o “Mahurangi me Ōmaha” ā, nā konā i tau ai te pōnānātanga me te kaha āwangawanga ki a Te Kawerau ā Maki; ā nā te tikanga whakahaere i taea ai e te Karauna te whakaae whenua atu ki a Tauiwi ki roto i te rohe hoko o “Mahurangi me Ōmaha”, ka muramura te kiriwetitanga i tupu ake ai i te whakawhitinga i te tau 1841.
(7) E whakaae ana te Karauna, ko te hokonga o te whenua rarahi tonu e kīia ana ko “Hikurangi” i te tau 1853 ki te tau 1854, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono inā— (a) kāore i whakahaeretia he āta uiuitanga e pā ana ki ngā mana tuku iho i te wā tonu o te hokonga o tēnei whenua; ā 12 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 1 s 8 (b) (c) ka riro atu ki a ia te whenua me te kore mōhiotanga atu me te kore whakaaetanga atu o Te Kawerau ā Maki; ā kāore i tukuna he kamupeniheihana e tika ana, he whenua rāhui rānei hei te whakamahinga, hei painga mō Te Kawerau ā Maki whakamōhiotanga atu i muri mai, he pānga ō rātou ki te whenua.
i E whakaae ana te Karauna, kei roto i ngā whakaaetanga hoko o te tau 1853 me te tau 1854 mō Hikurangi, mō Paeōterangi me Puatainga, ētahi whakaritenga kia whakapaungia te tekau ōrau o ngā pūtea moni hei oranga mō te Māori ā, kia utua tōtika atu hoki he moni ki ngā kaihoko o te whenua.

Kāore te Karauna i tiaki pūrongo e tika ana i muri i te tau 1874 ā, kāore ngā kaihoko, tae atu ki a Te Kawerau ā Maki, i whiwhi painga ake i muri mai i raro i te whakaritenga o “te tekau ōrau”.
E whakaae ana te Karauna, i te wā o tana hokonga i te whānui o ngā whenua i te rohe o Waitākere i waenganui i te tau 1853 me te tau 1856, kāore i āta whakamarumarutia e ia a Te Kawerau ā Maki, mā te whakarato whenua rāhui e tika ana mai i te hokonga, he whenua e kore rawa e whakawehea ai ā, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono.
(8) (9) (10) E whakaae ana te Karauna— (a) (b) (c) (d) ka whakaturea e ia ngā ture whenua Māori me te kore whiriwhiri kōrero atu ki a Te Kawerau ā Maki ā, ko te whakatakitahitanga ā-taitara i whakaritea e ēnei ture, he taupatupatu tērā i ngā tikanga o Te Kawerau ā Maki; ā kāore he putanga atu ki a Te Kawerau ā Maki ā, ka mate ki te whaiwāhi tikanga whakahaere o Te Kooti Whenua Māori hei ki ngā whakamarumaru i ō rātou ake pānga ki ō rātou ake whenua ā, mā reira e uru pai ai rātou ki roto i te ōhanga o nāianei; ā he taumaha hoki ngā utunga i puta mai i te tikanga whakahaere mō te whakatau taitara a Te Kooti Whenua Māori, tae atu ki ngā utu rūri, ngā utu whakawā hoki ā, i ētahi wā, ko te whakawehewehe whenua o Te Kawerau ā Maki te papa; ā nā te whakahaeretanga me te papānga o ngā ture whenua Māori ka noho mōrearea ngā whenua o Te Kawerau ā Maki kei wāwāhia, kei whakarohea, kei whakawehea tonu.
Ka whai anō, ko te turakitanga o ngā hanganga ā-iwi o Te Kawerau ā Maki, he mea i takea mai i tō rātou rangatiratanga ā-ohu ki te whenua.

Kāore i āta tiakina e te Karauna ēnei hanganga ā-iwi.

Ka pā te kiriweti ki a Te Kawerau ā Maki ā, i tua atu, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono.
(11) E whakaae ana te Karauna, kāore ia i whakawātea mai he huarahi i roto i ngā hanganga ture whenua mō tētahi momo taitara ā-ohu e taea ai e Te Kawerau ā Maki te whakahaere, te whakamahi hoki ō rātou whenua kia tae rā anō ki te tau 1894.

Ā, ko te mate kē, kua tukuna kētia te taitara o te nuinga o ngā whenua o Te Kawerau ā Maki ki ngā tāngata takitahi.
Ko te kore whakatū huarahi ā-ture e 13 Part 1 s 9 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 taea ai te whakahaeretanga ā-ohu mō ngā whenua o Te Kawerau ā Maki, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono.

(12) E whakaae ana te Karauna, ka riro atu ki a ia ngā whenua nui whakaharahara ki a Te Kawerau ā Maki i Kōpironui me ētahi atu wāhi hei mahinga tāmata whenua oneone i waenganui i te tau 1920 me te tau 1951 ā, i ētahi wā, nā te here o te ture.
E whakaae ana te Karauna, kāore ia i mahi ngātahi ai me Te Kawerau ā Maki ki te kimi huarahi kē i tua atu i te rironga noa ā, nā te whakangaronga atu o ēnei whenua ka aukatingia te āta āheinga atu ki ngā urupā, ki ngā wāhi kaimoana me ērā atu rawa tūpuna ā, ko te otinga o tēnei hokonga, e ngau kino tonu nei i te manawa o Te Kawerau ā Maki.
(13) E whakaae ana te Karauna, nā te whakangarotanga atu o ngā wāhi tapu o Te Kawerau ā Maki nā ngā hokonga a te Karauna, a te tangata takitahi rānei, me ngā tangohanga hei mahinga tūmatanui, ko te pānga kino mai ki te oranga ā- tikanga, ā-wairua anō hoki o Te Kawerau ā Maki te otinga.

(14) E whakaae ana te Karuna, he riterite tonu ngā taumahatanga e pā ana ki a Te Kawerau ā Maki mō te whakaāheinga atu me te whakahaeretanga o ō rātou whenua e toe tonu ana.
(15) E whakaae ana te Karauna, ko te otinga atu o ngā hokonga a te Karauna, ngā rirotanga atu mō ngā mahinga tūmatanui tae atu ki ngā hokonga ā-tangata tūmataiti, kua tata noho whenua kore a Te Kawerau ā Maki.

Nā te kore whakaū a te Karauna kia whakarāhuitia ngā whenua e tika ana hei whakatutukitanga i ō rātou wawata mō nāianei, mō ngā rā kei mua hoki, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono.
Nā ēnei mahi ka whakapōreareatia te whakawhanaketanga ā-papori, ā-ōhanga, ā-tikanga anō hoki o Te Kawerau ā Maki hei iwi tonu ā, kua whakamemehatia te kaha o Te Kawerau ā Maki ki te whakamarumaru, ki te whakahaere i ō rātou taonga me ō rātou wāhi tapu ā, ki te mau tonu ki ngā hononga ā-wairua ki ō rātou whenua.

E whakaae anō ana te Karauna, kua pā kino mai ēnei āhuatanga ki te oranga o Te Kawerau ā Maki i ēnei rā.
Apology The Crown recognises the grievances of Te Kawerau ā Maki are long-held and acutely felt.

For too long the Crown has failed to appropriately respond to your claims for redress and justice.

The Crown now makes this apology to Te Ka- werau ā Maki, to your ancestors and descendants.

The Crown profoundly regrets its breaches of the Treaty of Waitangi and its principles, which resulted in the alienation of much Te Kawerau ā Maki land by 1856.
The Crown is deeply sorry for its subsequent failure to protect those lands that were reserved for Te Kawerau ā Maki.

The loss of the entirety of these reserve lands, and of other traditional lands, has had devastating conse- quences for the spiritual, cultural, social, economic, and physical well-being of Te Kawerau ā Maki.

These consequences continue to be felt to this day.
9 (1) (2) 14 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 1 s 11 (3) (1) (2) (3) The Crown unreservedly apologises for not having honoured its obligations to Te Kawerau ā Maki under the Treaty of Waitangi.

Through this apology and this settlement the Crown seeks to atone for its wrongs and lift the burden of grievance so that the process of healing can begin.
By the same means the Crown hopes to form a new relationship with the people of Te Kawerau ā Maki based on mutual trust, co-operation, and respect for the Treaty of Waitangi and its principles.

Whakapāhatanga a te Karauna mō Te Kawerau ā Maki E whakaae ana te Karauna, e ngau kino tonu ana ngā mamaetanga o Te Kawerau ā Maki mai rā anō.

E Te Kawerau ā Maki, kua roa rawa te Karauna e kōroiroi ana kia tika te urupare atu ki a koutou, e Te Kawerau ā Maki, hei whakatika hē, hei whakatau tikanga.
Ko tēnei te whakapāhatanga atu a Te Karauna ki a Te Kawerau ā Maki, ki ō koutou tūpuna, ki ō koutou uri anō hoki.

E kaha pōuri ana te Karauna mō ōna takahitanga i Te Tiriti o Waitangi me ōna mātāpono i whakangarongaro atu ai te nui o ngā whenua o Te Kawerau ā Maki tae noa mai ki te tau 1856.

E ngākau pōuri ana te Karauna ki tōna kore e aro atu, i muri mai, ki te whakamarumaru i ērā whenua i whakarāhuitia ai mō Te Kawerau ā Maki.
Nō te whakawehewehetanga atu o te katoa o ēnei whenua rāhui, me ō koutou whenua taketake anō hoki, ka patua te oranga ā-wairua, ā- tikanga, ā-ōhanga, ā-tinana hoki o Te Kawerau ā Maki.

Ka ngaua tonutia ēnei āhuatanga i ēnei rā tonu.

E whakapāha ana te Karauna me te kore here, mō te kore whakatutuki i ōna here ki a Te Kawerau ā Maki i raro i Te Tiriti o Waitangi.
Mā tēnei whakapāhatanga me tēnei whakataunga e rīpenetā ana ia mō ōna mahi hē ā, mā konā e hiki ai te kawenga o te mamae kia tīmata ai he wā hei whakaoratanga anō.

Mā reira hoki e hanga hononga hou me ngā tāngata o Te Kawerau ā Maki nā runga i te pono tahitanga, te mahi tahitanga me te aronui mō Te Tiriti o Waitangi me ōna mātāpono.
Interpretation provisions 10 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.
11 Interpretation In this Act, unless the context otherwise requires,— administering body has the meaning given in section 2(1) of the Reserves Act 1977 attachments means the attachments to the deed of settlement Auckland Prison has the meaning given in section 109 15 Part 1 s 11 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 Auckland Prison Housing Block and Housing Block have the meaning given in section 95 commercial redress property has the meaning given in section 95 computer register— (a) (b) has the meaning given in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority has the meaning given in section 2(1) of the Resource Man- agement Act 1991 conservation area has the meaning given in section 2(1) of the Conservation Act 1987 Crown has the meaning given in section 2(1) of the Public Finance Act 1989 cultural redress property has the meaning given in section 60 deed of recognition— (a) means the deed of recognition issued under section 36 by the Minister of Conservation and the Director-General; and (b) includes any amendments made under section 36(3) deed of settlement— (a) means the deed of settlement dated 22 February 2014 and signed by— (i) the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William Eng- lish, Minister of Finance, for and on behalf of the Crown; and (ii) George Hori
 Winikeri Taua, Hamuera Taua, Miriama Tamaariki, and Ngarama Walker, for and on behalf of Te Kawerau ā Maki; and (iii) Te Warena Taua, George Hori Winikeri Taua, Hamuera Taua, Mir- iama Tamaariki, and Ngarama Walker, being the trustees of the Te Kawerau Iwi Settlement Trust; and (b) includes— (i) (ii) the schedules of, and attachments to, the deed; and any amendments to the deed or its schedules and attachments deferred selection property has the meaning given in section 95 Director-General means the
 Director-General of Conservation documents schedule means the documents schedule of the deed of settlement effective date means the date that is 6 months after the settlement date exclusive RFR land has the meaning given in section 111 16 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 1 s 11 historical claims has the meaning given in section 13 interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property Kopironui property has the meaning given in the definition of cultural redress property in section 60 Kopironui vesting date has the meaning given in section 71 LINZ means Land Information New Zealand local authority has the meaning given in section 5(1) of the Local Government Act 2002 member of Te Kawerau ā Maki means an individual referred to in section 12(1)(a) Ngā Maunga Whakahii o Kaipara Development Trust has the meaning giv- en in section 11 of the Ngāti Whātua o Kaipara Claims Settlement Act 2013 property redress schedule means the property redress schedule of the deed of settlement Registrar-General means the Registrar-General of Land appointed in accord- ance with section 4 of the Land Transfer Act 1952 representative entity means— (a) (b) the trustees; and any person (including any trustee) acting for or on behalf of— (i) (ii) (iii) the collective group referred to in section 12(1)(a); or 1 or more members of Te Kawerau ā Maki; or 1 or more of the whānau, hapū, or groups
 referred to in section 12(1)(c) reserve has the meaning given in section 2(1) of the Reserves Act 1977 reserve property has the meaning given in section 60 resource consent has the meaning given in section 2(1) of the Resource Man- agement Act 1991 RFR means the right of first refusal provided for by subpart 4 of Part 3 RFR area has the meaning given in section 109 RFR land has the meaning given in section 110 settlement date means the date that is 40 working days after the date on which this Act comes
 into force statutory acknowledgement has the meaning given in section 27 Te Kawerau Iwi Settlement Trust means the trust of that name established by a trust deed dated 21 February 2014 tikanga means customary values and practices 17 Part 1 s 12 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 trustees of Te Kawerau Iwi Settlement Trust and trustees mean the trustees, acting in their capacity as trustees, of Te Kawerau Iwi Settlement Trust whenua rāhui has the meaning given in section 41 working day means a day other than— (a) (b) (c) (d) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the follow- ing Monday: a day in the period commencing with 25 December in any year and end- ing with the close of 15 January in the following year: the days observed as the anniversaries of the provinces of Auckland and Wellington.
12 Meaning of Te Kawerau ā Maki (1) In this Act, Te Kawerau ā Maki— (a) means the collective group composed of individuals who are descended (b) (c) from an ancestor of Te Kawerau ā Maki; and includes those individuals; and includes any whānau, hapū, or group to the extent that it is composed of those individuals.
(2) In this section and section 13,— ancestor of Te Kawerau ā Maki means an individual who— (a) exercised customary rights by virtue of being descended from 2 or more of the following ancestors: (i) Tawhiakiterangi (also known as Te Kawerau ā Maki): (ii) Mana: (iii) Te Au o Te Whenua: (iv) Kowhatu ki te Uru: (v) (vi) Te Tuiau: any other recognised ancestor of a group referred to in part 8 of the deed of settlement; and (b) exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840 area of interest means the area shown as the Te Kawerau ā Maki area of inter- est in part 1 of the attachments customary rights means rights exercised according to tikanga Māori, includ- ing— (a) rights to occupy land; and 18 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 1 s 13 (b) rights in relation to the use of land or other natural or physical resources descended means that a person is descended from another person by— (a) (b) birth; or legal adoption; or (c) Māori customary adoption in accordance with Te Kawerau ā Maki tikan- ga. 13 Meaning of historical claims (1) In this Act, historical claims— (a) means the claims described in subsection (2); and (b) (c) includes the claim described in subsection (3); but does not include the claims described in subsection (4).
(2) The historical claims are every claim that Te Kawerau ā Maki or a representa- tive entity had on or before the settlement date, or may have after the settle- ment date, and that— (a) is founded on a right arising— (i) (ii) (iii) (iv) (v) from the Treaty of Waitangi or its principles; or under legislation; or at common law (including aboriginal title or customary law); or from a fiduciary duty; or otherwise; and (b) arises from, or relates to, acts or omissions before 21 September 1992— (i) (ii) by or on behalf of the Crown; or by or under legislation.
(3) The historical claims include every claim to the Waitangi Tribunal to which subsection (2) applies, including Wai 470, the Te Kawerau ā Maki claim.
(4) However, the historical claims do not include— (a) a claim that a member of Te Kawerau ā Maki, or a whānau, hapū, or group referred to in section 12(1)(c), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor of Te Kawerau ā Maki; or (b) a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
(5) A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.

19 Part 1 s 14 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 Historical claims settled and jurisdiction of courts, etc, removed 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.

(3) Subsections (1) and (2) do not limit the deed of settlement.
(4) Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in re- spect of— (a) (b) (c) (d) (e) (f) the historical claims; or the deed of settlement; or this Act; or the collective Act; or the collective deed; or the redress provided under the deed of settlement, the collective deed, this Act, or the collective Act.
(5) Subsection (4)— (a) (b) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement, the collective deed, this Act, or the collective Act; and does not limit the jurisdiction of the Māori Land Court, for the purposes of sections 74 to 79.
(6) In this section,— collective Act means the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 collective deed has the meaning given in section 8(1) of the collective Act.

Amendment to Treaty of Waitangi Act 1975 Amendment to Treaty of Waitangi Act 1975 This section amends the Treaty of Waitangi Act 1975.

In Schedule 3, insert in its appropriate alphabetical order “Te Kawerau ā Maki Claims Settlement Act 2015 section 14(4) and (5)”.
15 (1) (2) 20 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 1 s 17 Resumptive memorials no longer to apply 16 (1) Certain enactments do not apply The enactments listed in subsection (2) do not apply— (a) (b) (c) (d) (e) (f) (g) (h) to Auckland Prison; or to a cultural redress property (other than the Kopironui property during the period before it is vested under section 72); or to the Kopironui property on and from the date of its vesting under sec- tion 72; or to the commercial redress property; or to a deferred selection property on and from the date of its transfer to the trustees; or to the exclusive RFR land; or to the Housing Block on and from the date of its transfer under section 96; or to non-exclusive RFR land on and from the date of its disposal under a contract formed under section 119; or (i) for the benefit of Te Kawerau ā Maki or a representative entity.
(2) The enactments are— (a) (b) (c) (d) (e) Part 3 of the Crown Forest Assets Act 1989: sections 211 to 213 of the Education Act 1989: Part 3 of the New Zealand Railways Corporation Restructuring Act 1990: sections 27A to 27C of the State-Owned Enterprises Act 1986: sections 8A to 8HJ of the Treaty of Waitangi Act 1975.
17 (1) Resumptive memorials to be cancelled The chief executive of LINZ must issue to the Registrar-General 1 or more cer- tificates that specify the legal description of, and identify the computer register for, each allotment that— (a) is all or part of— (i) (ii) (iii) (iv) (v) (vi) Auckland Prison: a cultural redress property: the commercial redress property: a deferred selection property: the exclusive RFR land: the Housing Block: 21 Part 1 s 18 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (vii) non-exclusive RFR land disposed of under a contract formed under section 119; and (b) is subject to a resumptive memorial recorded under any enactment listed in section 16(2).
(2) The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after— (a) (b) (c) (d) (e) the settlement date, for a cultural redress property (other than the Kopir- onui property), the commercial redress property, or the exclusive RFR land; or the date of transfer of the property to the trustees, for a deferred selection property; or the date of the transfer of the Housing Block under section 96; or the date of the vesting of the Kopironui property under section 72; or the date of disposal of the land, for non-exclusive RFR land disposed of under a contract formed under section 119.
(3) Each certificate must state that it is issued under this section.

(4) As soon as is reasonably practicable after receiving a certificate, the Registrar- General must— (a) (b) register the certificate against each computer register identified in the certificate; and cancel each memorial recorded under an enactment listed in section 16(2) on a computer register identified in the certificate, but only in re- spect of each allotment described in the certificate.
Miscellaneous matters 18 (1) Rule against perpetuities does not apply The rule against perpetuities and the provisions of the Perpetuities Act 1964— (a) do not prescribe or restrict the period during which— (i) (ii) Te Kawerau Iwi Settlement Trust may exist in law; or the trustees may hold or deal with property or income derived from property; and (b) do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the docu- ment, invalid or ineffective.
(2) However, if Te Kawerau Iwi Settlement Trust is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or of any provision of the Perpetuities Act 1964 to that trust must be determined under the general law.
22 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 22 19 Access to deed of settlement The chief executive of the Ministry of Justice must make copies of the deed of settlement available— (a) (b) for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and free of charge on an Internet site maintained by or on behalf of the Min- istry of Justice.
20 Provisions that have same effect If a provision in this Act has the same effect as a provision in another Act, the provisions must be given effect to only once, as if they were 1 provision.
Part 2 Cultural redress Subpart 1—Protocols 21 Interpretation In this subpart,— protocol— (a) means each of the following protocols issued under section 22(1)(a): (i) (ii) the Crown minerals protocol: the taonga tūturu protocol; and (b) includes any amendments made under section 22(1)(b) responsible Minister means,— (a) (b) (c) for the Crown minerals protocol, the Minister of Energy and Resources; and for the taonga tūturu protocol, the Minister for Arts, Culture and Herit- age; and for either of those protocols, any other Minister of the Crown authorised by the Prime Minister to exercise powers and to perform functions and duties in relation to the protocol.
General provisions applying to protocols 22 (1) Issuing, amending, and cancelling protocols Each responsible Minister— (a) must issue a protocol to the trustees on the terms set out in part 6 of the documents schedule; and 23 Part 2 s 23 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (b) may amend or cancel that protocol.

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

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

(3) Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.
(4) To avoid doubt,— (a) (b) subsections (1) and (2) do not apply to guidelines developed for the im- plementation of a protocol; and subsection (3) does not affect the ability of a court to award costs incur- red by the trustees in enforcing the protocol under subsection (2).
Crown minerals Crown minerals protocol The chief executive of the department of State responsible for the administra- tion of the Crown Minerals Act 1991 must note a summary of the terms of the Crown minerals protocol in— (a) (b) a register of protocols maintained by the chief executive; and the minerals programmes that affect the Crown minerals protocol area, but only when those programmes are changed.
25 (1) 24 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 27 (2) The noting of the summary is— (a) (b) for the purpose of public notice only; and not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991.

(3) The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown min- erals.
(4) In this section,— Crown mineral means a mineral, as defined in section 2(1) of the Crown Min- erals Act 1991,— (a) (b) that is the property of the Crown under section 10 or 11 of that Act; or over which the Crown has jurisdiction under the Continental Shelf Act 1964 Crown minerals protocol area means the area shown on the map attached to the Crown minerals protocol, together with the adjacent waters minerals programme has the meaning given in section 2(1) of the Crown Minerals Act 1991.
Taonga tūturu 26 (1) Taonga tūturu protocol The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tū- turu.

(2) In this section, taonga tūturu— (a) has the meaning given in section 2(1) of the Protected Objects Act 1975; and (b) includes ngā taonga tūturu, as defined in section 2(1) of that Act.
Subpart 2—Statutory acknowledgement and deed of recognition 27 Interpretation In this subpart,— relevant consent authority, for a statutory area, means a consent authority of a region or district that contains, or is adjacent to, the statutory area statement of association, for a statutory area, means the statement— (a) made by Te Kawerau ā Maki of their particular cultural, historical, spirit- ual, and traditional association with the statutory area; and (b) set out in part 4 of the documents schedule 25 Part 2 s 28 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 statutory acknowledgement means the acknowledgement made by the Crown in section 28 in respect of the statutory areas, on the terms set out in this sub- part statutory area means an area described in Schedule 1, the general location of which is indicated on the deed plan for that area statutory plan— (a) means a district plan, regional coastal plan, regional plan, regional poli- cy statement, or proposed policy statement as defined in section 43AA of the Resource Management Act 1991; and (b) includes a proposed plan, as defined in section 43AAC of that Act.
Statutory acknowledgement 28 Statutory acknowledgement by the Crown The Crown acknowledges the statements of association for the statutory areas.
29 Purposes of statutory acknowledgement The only purposes of the statutory acknowledgement are— (a) (b) (c) to require relevant consent authorities, the Environment Court, and Her- itage New Zealand Pouhere Taonga to have regard to the statutory ac- knowledgement, in accordance with sections 30 to 32; and to require relevant consent authorities to record the statutory acknow- ledgement on statutory plans that relate to the statutory areas and to pro- vide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 33 and 34; and to enable the trustees and any member of Te Kawerau ā Maki to cite the statutory acknowledgement as evidence of the association of Te Kawer- au ā Maki with a statutory area, in accordance with section 35.
30 (1) Relevant consent authorities to have regard to statutory acknowledgement This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
(2) On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustees are affected persons in relation to the activity.

(3) Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991.
26 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 33 31 (1) Environment Court to have regard to statutory acknowledgement This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area.
(2) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under sec- tion 274 of the Resource Management Act 1991, whether the trustees are per- sons with an interest in the proceedings greater than that of the general public.

(3) 32 (1) Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991.
Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement This section applies to an application made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area.
(2) On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application.
(3) On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area— (a) (b) in determining whether the trustees are persons directly affected by the decision; and in determining, under section 59(1) or 64(1) of the Heritage New Zea- land Pouhere Taonga Act 2014, an appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application.
(4) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.

33 Recording statutory acknowledgement on statutory plans (1) On and from the effective date, each relevant consent authority must attach in- formation recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area.
(2) The information attached to a statutory plan must include— (a) (b) a copy of sections 28 to 32, 34, and 35; and descriptions of the statutory areas wholly or partly covered by the plan; and (c) the statement of association for each statutory area.
27 Part 2 s 34 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (3) The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not— (a) (b) part of the statutory plan; or subject to the provisions of Schedule 1 of the Resource Management Act 1991.
34 (1) Provision of summary or notice to trustees Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area: (a) (b) if the application is received by the consent authority, a summary of the application; or if notice of the application is served on the consent authority under sec- tion 145(10) of the Resource Management Act 1991, a copy of the no- tice.
(2) A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B of the Re- source Management Act 1991 or as may be agreed between the trustees and the relevant consent authority.
(3) The summary must be provided— (a) (b) as soon as is reasonably practicable after the relevant consent authority receives the application; but before the relevant consent authority decides under section 95 of the Re- source Management Act 1991 whether to notify the application.

(4) A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice.
(5) The trustees may, by written notice to a relevant consent authority,— (a) waive the right to be provided with a summary or copy of a notice under this section; and (b) state the scope of that waiver and the period it applies for.
(6) This section does not affect the obligation of a relevant consent authority to de- cide,— (a) (b) under section 95 of the Resource Management Act 1991, whether to no- tify an application: under section 95E of that Act, whether the trustees are affected persons in relation to an activity.
28 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 36 35 (1) Use of statutory acknowledgement The trustees and any member of Te Kawerau ā Maki may, as evidence of the association of Te Kawerau ā Maki with a statutory area, cite the statutory ac- knowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before— (a) (b) (c) (d) the relevant consent authorities; or the Environment Court; or Heritage New Zealand Pouhere Taonga; or the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991.
(2) The content of a statement of association is not, by virtue of the statutory ac- knowledgement, binding as fact on— (a) (b) (c) the bodies referred to in subsection (1); or parties to proceedings before those bodies; or any other person who is entitled to participate in those proceedings.

(3) However, the bodies and persons specified in subsection (2) may take the statu- tory acknowledgement into account.
(4) To avoid doubt,— (a) (b) neither the trustees nor members of Te Kawerau ā Maki are precluded from stating that Te Kawerau ā Maki has an association with a statutory area that is not described in the statutory acknowledgement; and the content and existence of the statutory acknowledgement do not limit any statement made.

Deed of recognition 36 (1) (2) (3) Issuing and amending deed of recognition This section applies in respect of the statutory area described in Part 2 of Schedule 1.
The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 5 of the documents schedule for the stat- utory area administered by the Department of Conservation.

The persons who issue the deed of recognition may amend the deed, but only with the written consent of the trustees.
29 Part 2 s 37 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 General provisions relating to statutory acknowledgement and deed of recognition 37 Application of statutory acknowledgement to river or stream If any part of the statutory acknowledgement applies to a river or stream, in- cluding a tributary, that part of the acknowledgement— (a) applies only to— (i) (ii) the continuously or intermittently flowing body of fresh water, in- cluding a modified watercourse, that comprises the river or stream; and the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but (b) does not apply to— (i) a part of the bed of the river or stream that is not owned by the Crown; or (ii) an artificial watercourse.
38 (1) Exercise of powers and performance of functions and duties The statutory acknowledgement and the deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw.
(2) A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Te Kawerau ā Maki with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area.

(3) (4) 39 (1) 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 or the Director- General by the deed of recognition.

Rights not affected The statutory acknowledgement and the deed of recognition do not— (a) (b) affect the lawful rights or interests of a person who is not a party to the deed of settlement; or have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.
(2) This section is subject to the other provisions of this subpart.

30 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 41 Consequential amendment to Resource Management Act 1991 40 (1) (2) Amendment to Resource Management Act 1991 This section amends the Resource Management Act 1991.

In Schedule 11, insert in its appropriate alphabetical order “Te Kawerau ā Maki Claims Settlement Act 2015”.
Subpart 3—Whenua rāhui 41 Interpretation In this subpart,— Conservation Board means a board established under section 6L of the Con- servation Act 1987 conservation management plan has the meaning given in section 2(1) of the Conservation Act 1987 conservation management strategy has the meaning given in section 2(1) of the Conservation Act 1987 national park management plan has the meaning given to management plan in section 2 of the National Parks Act 1980 New Zealand Conservation Authority means the Authority established by section 6A of the Conservation Act 1987 protection principles, for the whenua rāhui area,— (a) means the principles agreed by the trustees and the Minister of Conser- vation, as set out for the area in part 2 of the documents schedule; and (b) includes any principles amended by the written agreement of the trustees and the Minister of Conservation specified actions, for the whenua rāhui area, means the actions set out for the area in part 3 of the documents schedule statement of values, for the whenua rāhui area, means the statement— (a) made by Te Kawerau ā Maki of their values relating to their cultural, his- torical, spiritual, and traditional association with the whenua rāhui area; and (b) set out in part 1 of the documents schedule whenua rāhui means the application of this subpart to the whenua rāhui area whenua rāhui area— (a) means the area that is declared under section 42(1) to be subject to the whenua rāhui; but (b) does not include an area that is declared under section 53(1) to be no longer subject to the whenua rāhui.
31 Part 2 s 42 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 42 (1) (2) 43 Declaration of whenua rāhui and the Crown’s acknowledgement The area described in Schedule 2 is declared to be subject to the whenua rāhui.

The Crown acknowledges the statement of values for the whenua rāhui area.
Purposes of whenua rāhui The only purposes of the whenua rāhui are— (a) to require the New Zealand Conservation Authority and relevant Conser- vation Boards to comply with the obligations in section 45; and (b) to enable the taking of action under sections 46 to 51.

44 Effect of protection principles The protection principles are intended to prevent the values stated in the state- ment of values for the whenua rāhui area from being harmed or diminished.
45 Obligations on New Zealand Conservation Authority and Conservation Boards (1) When the New Zealand Conservation Authority or a Conservation Board con- siders a conservation management strategy, conservation management plan, or national park management plan that relates to the whenua rāhui area, the Au- thority or Board must have particular regard to— (a) (b) the statement of values for the area; and the protection principles for the area.
(2) Before approving a strategy or plan that relates to the whenua rāhui area, the New Zealand Conservation Authority or a Conservation Board must— (a) (b) consult the trustees; and have particular regard to the views of the trustees as to the effect of the strategy or plan on— (i) (ii) any matters in the statement of values for the area; and the implementation of the protection principles for the area.
(3) 46 (1) If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to the whenua rāhui area, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
Noting of whenua rāhui in strategies and plans The application of the whenua rāhui to the whenua rāhui area must be noted in any conservation management strategy, conservation management plan, or na- tional park management plan affecting the area.
(2) The noting of the whenua rāhui is— 32 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 50 (a) (b) for the purpose of public notice only; and not an amendment to the strategy or plan for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.
47 (1) Notification in Gazette The Minister of Conservation must notify in the Gazette, as soon as practicable after the settlement date,— (a) the declaration made by section 42 that the whenua rāhui applies to the whenua rāhui area; and (b) the protection principles for the whenua rāhui area.
(2) Any amendment to the protection principles, as agreed by the trustees and the Minister of Conservation, must be notified by the Minister in the Gazette as soon as practicable after the amendment has been agreed in writing.

(3) 48 (1) (2) (3) 49 (1) (2) (3) The Director-General may notify in the Gazette any action (including any spe- cified action) taken or intended to be taken under section 48 or 49.
Actions by Director-General The Director-General must take action in relation to the protection principles that relate to the whenua rāhui area, including the specified actions.

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

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

The Director-General must consult relevant Conservation Boards before initiat- ing the amendment.
The amendment is an amendment for the purposes of section 17I(1) to (3) of the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act 1980.
50 Regulations The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the follow- ing purposes: (a) to provide for the implementation of objectives included in a strategy or plan under section 49(1): 33 Part 2 s 51 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (b) (c) (d) to regulate or prohibit activities or conduct by members of the public in relation to the whenua rāhui area: to create offences for breaches of regulations made under paragraph (b): to prescribe the following fines: (i) (ii) 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 on which the offence continues.
51 Bylaws The Minister of Conservation may make bylaws for 1 or more of the following purposes: (a) (b) (c) (d) to provide for the implementation of objectives included in a strategy or plan under section 49(1): to regulate or prohibit activities or conduct by members of the public in relation to the whenua rāhui area: to create offences for breaches of bylaws made under paragraph (b): to prescribe the following fines: (i) (ii) 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 on which the offence continues.
52 (1) Existing classification of whenua rāhui area This section applies to the extent that the whenua rāhui applies to land in a re- serve under the Reserves Act 1977.

(2) The whenua rāhui does not affect— (a) (b) the purpose of the reserve; or the classification of the land as a reserve.
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 the whenua rāhui area is no longer subject to the whenua rāhui.
The Minister of Conservation must not make a recommendation for the purpo- ses of subsection (1) unless— (a) the trustees and the Minister of Conservation have agreed in writing that the whenua rāhui is no longer appropriate for the relevant area; or (b) the relevant area is to be, or has been, disposed of by the Crown; or 53 (1) (2) 34 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 57 (c) the responsibility for managing the relevant area is to be, or has been, transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
(3) The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of a relevant area if— (a) (b) subsection (2)(c) applies; or there is a change in the statutory management regime that applies to all or part of the whenua rāhui area.
54 (1) Exercise of powers and performance of functions and duties The whenua rāhui does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw.
(2) A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for the whenua rāhui area than that per- son would give if the area were not subject to the whenua rāhui.

(3) (4) 55 (1) 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— (a) (b) affect the lawful rights or interests of a person who is not a party to the deed of settlement; or have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the whenua rāhui area.

(2) This section is subject to the other provisions of this subpart.
Subpart 4—Official geographic names 56 Interpretation In this subpart,— Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board has the meaning given in section 4 of the Act official geographic name has the meaning given in section 4 of the Act.

57 Official geographic names (1) A name specified in the second column of the table in clause 5.14 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table.
35 Part 2 s 58 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (2) 58 (1) (2) 59 (1) Each official geographic name is to be treated as if it were an official geograph- ic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19 of the Act.
Publication of official geographic names The Board must, as soon as practicable after the settlement date, give public notice, in accordance with section 21(2) and (3) of the Act, of each official geographic name specified under section 57.

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

(2) To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) of the Act.
Subpart 5—Vesting of cultural redress properties 60 Interpretation In this subpart,— Crown forest land has the meaning given in section 95 Crown forestry licence— (a) (b) has the meaning given in section 2(1) of the Crown Forest Assets Act 1989; and in relation to the Kopironui property, means the licence applying to that land on the Kopironui vesting date cultural redress property means each of the following properties, and each property means the land of that name described in Schedule 3: Properties vested in fee simple (a) Te Henga site A: (b) Wai Whauwhaupaku: Property vested in fee simple to be held as Māori reservation (c) Te Onekiritea Point property: Properties vested in fee simple to be administered as reserves (d) (e) Parihoa site B: Te Henga site B: 36 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 63 (f) Te Kawerau Pā: Properties vested in fee simple subject to conservation covenant (g) Muriwai: (h) Opareira: (i) Parihoa site A: Kopironui property vested in fee simple (j) Kopironui property licensor has the meaning given in section 95 reserve property means each of the properties named in paragraphs (d) to (f) of the definition of cultural redress property Te Kawerau Pā vesting date means the later of the following dates: (a) the date that is 20 working days after the date the Tiritiri Matangi Island Scientific Reserve vests back in the Crown under section 69(2) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014; and (b) the settlement date.
Properties vested in fee simple 61 (1) Te Henga site A The reservation of Te Henga site A (being part of Te Henga Recreation Re- serve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in Te Henga site A vests in the trustees.

62 Wai Whauwhaupaku (1) Wai Whauwhaupaku ceases to be a conservation area under the Conservation Act 1987.

(2) The fee simple estate in Wai Whauwhaupaku vests in the trustees.
Property vested in fee simple to be held as Māori reservation 63 (1) (2) Te Onekiritea Point property The fee simple estate in the Te Onekiritea Point property vests in the trustees.

The Te Onekiritea Point property is set apart as a Māori reservation as if set apart under section 338(1) of Te Ture Whenua Maori Act 1993— (a) (b) for the purposes of a marae; and to be held for the benefit of Te Kawerau ā Maki.
(3) The Te Onekiritea Point property is not rateable under the Local Government (Rating) Act 2002, except under section 9 of that Act.

37 Part 2 s 64 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 64 (1) (2) (3) (4) 65 (1) (2) (3) (4) (5) Properties vested in fee simple to be administered as reserves Parihoa site B Parihoa site B ceases to be a conservation area under the Conservation Act 1987.

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

The reserve is named Parihoa Historic Reserve.

Te Henga site B The reservation of Te Henga site B (being part of Te Henga Recreation Re- serve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

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

The reserve is named Te Henga Historic Reserve.


Subsections (1) to (4) do not take effect until the trustees have provided— (a) (b) the Crown with a registrable easement in gross for a right of way on the terms and conditions set out in part 7.5 of the documents schedule; and the registered proprietors of the land contained in computer freehold registers NA651/232, NA885/206, and NA885/207 with a registrable right of way easement on the terms and conditions set out in part 7.6 of the documents schedule.
(6) Despite the provisions of the Reserves Act 1977, the easements— (a) (b) are enforceable in accordance with their terms; and are to be treated as having been granted in accordance with the Reserves Act 1977.

66 (1) (2) (3) (4) Te Kawerau Pā This section takes effect on the Te Kawerau Pā vesting date.

The reservation of Te Kawerau Pā (being part of Tiritiri Matangi Island Scien- tific Reserve) as a scientific reserve subject to the Reserves Act 1977 is re- voked.
The fee simple estate in Te Kawerau Pā vests in the trustees, subject to section 67.

Te Kawerau Pā is declared a reserve and classified as a scientific reserve sub- ject to section 21 of the Reserves Act 1977.

(5) Despite the vesting under subsection (3), the Reserves Act 1977 applies to the reserve as if the reserve were vested in the Crown.
38 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 67 (6) To avoid doubt, as a result of subsection (5),— (a) (b) (c) (d) (e) the reserve is not vested in, or managed and controlled by, an administer- ing body; and the Crown continues to administer, control, and manage the reserve; and the Crown continues to retain all income, and be responsible for all li- abilities, in relation to the reserve; and the reserve continues to form part of the Hauraki Gulf Marine Park es- tablished under section 33 of the Hauraki Gulf Marine Park Act 2000; and the reserve continues to be land to which clause 11 of Schedule 4 of the Crown Minerals Act 1991 applies.
(7) However, the Minister of Conservation must not— (8) 67 (1) (a) (b) authorise the exchange of Te Kawerau Pā under the Reserves Act 1977; or revoke the reserve status of Te Kawerau Pā (but may reclassify it) under that Act.

For the purposes of the Forest and Rural Fires Act 1977, Te Kawerau Pā must be treated as if it were a State area within the meaning of section 2(1) of that Act.
Te Kawerau Pā vests subject to, or together with, interests Te Kawerau Pā vests in the trustees under section 66, subject to, or with the benefit of,— (a) (b) the interests listed for the property in the third column of the table in Schedule 3; and any other interests affecting the property on the Te Kawerau Pā vesting date.
(2) If, on the Te Kawerau Pā vesting date, Te Kawerau Pā is affected by an interest in land, the interest applies as if the Crown were the grantor, or the grantee, as the case may be, of the interest in respect of Te Kawerau Pā.

(3) Any interest in land that affects Te Kawerau Pā must be dealt with for the pur- poses of registration as if the Crown were the registered proprietor of the land.
(4) (5) (6) (7) Subsections (2) and (3) continue to apply despite any subsequent transfer of the reserve land under section 90.

Subsections (6) and (7) apply if Te Kawerau Pā vests subject to an interest (other than an interest in land), whether or not the interest also applies to land outside the property.

The Crown remains the grantor of the interest.


The interest applies— 39 Part 2 s 68 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (a) until the interest expires or is terminated, but any subsequent transfer of the property must be ignored in determining whether the interest expires or is or may be terminated; and (b) with any necessary modifications; and (c) despite any change in status of the land in Te Kawerau Pā.
Properties vested in fee simple subject to conservation covenant 68 Muriwai (1) (2) (3) The reservation of Muriwai (being part of Motutara Settlement Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Muriwai vests in the trustees.

Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Muriwai on the terms and con- ditions set out in part 7.1 of the documents schedule.
(4) The covenant is to be treated as a conservation covenant for the purposes of— (a) (b) section 77 of the Reserves Act 1977; and section 27 of the Conservation Act 1987.

Opareira The reservation of Opareira (being part of Henderson Valley Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Opareira vests in the trustees.
Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Opareira on the terms and con- ditions set out in part 7.2 of the documents schedule.

69 (1) (2) (3) (4) The covenant is to be treated as a conservation covenant for the purposes of— (a) (b) section 77 of the Reserves Act 1977; and section 27 of the Conservation Act 1987.

Parihoa site A Parihoa site A ceases to be a conservation area under the Conservation Act 1987.
The fee simple estate in Parihoa site A vests in the trustees.

Subsections (1) and (2) do not take effect until the trustees have provided the Crown with— (a) (b) a registrable covenant in relation to Parihoa site A on the terms and con- ditions set out in part 7.3 of the documents schedule; and a registrable easement in gross for a right of way on the terms and condi- tions set out in part 7.4 of the documents schedule.
70 (1) (2) (3) 40 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 72 (4) The covenant is to be treated as a conservation covenant for the purposes of section 77 of the Reserves Act 1977.
Kopironui property vested in fee simple 71 Interpretation In sections 72 to 79 and 84,— Kopironui vesting date, in relation to the Kopironui property, means— (a) the later of the following: (i) (ii) 20 working days after the order of the Māori Land Court is noti- fied in the Gazette under section 79; and 20 working days after the registration of the Woodhill Crown for- estry licences resulting from the processes referred to in section 90(1)(b) of the Ngāti Whātua o Kaipara Claims Settlement Act 2013; or (b) if section 72(2) applies, the date by which all conditions imposed by the Māori Land Court have been satisfied Ministers means the Minister for Treaty of Waitangi Negotiations and the Minister for Māori Development, acting jointly Ngāti Whātua o Kaipara has the meaning given in section 12 of the Ngāti Whātua o Kaipara Claims Settlement Act 2013 relevant trustees means the trustees of either or both— (a) (b) the Te Kawerau Iwi Settlement Trust: the Ngā Maunga Whakahii o Kaipara Development Trust specified iwi means either or both— (a) Te Kawerau ā Maki: (b) Ngāti Whātua o Kaipara.
72 Fee simple estate in Kopironui property vested (1) On and from the Kopironui vesting date,— (a) (b) the Kopironui property ceases to be Crown forest land; and the fee simple estate in the Kopironui property vests in the relevant trust- ees specified by order of the Māori Land Court in accordance with sec- tion 77.
(2) However, if the order of the Māori Land Court given in accordance with sec- tion 77 includes a requirement that the Kopironui property be subdivided and that a registrable right of way easement be granted over a part of the Kopironui property to another part of the Kopironui property, subsection (1)(b) does not take effect until the relevant trustees have granted the easement in accordance with the order of the court.
41 Part 2 s 73 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 73 Licensor or joint licensors (1) On the Kopironui vesting date, the Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of the Crown forestry licence, even if the Waitangi Tribunal has not made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the Ko- pironui property.
(2) Notice given by the Crown under subsection (1) has effect as if— (a) the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the Ko- pironui property; and (b) the recommendation had become final on the Kopironui vesting date.
(3) The relevant trustees specified by the Māori Land Court in accordance with section 77(2) as being entitled to receive the fee simple estate in the Kopironui property are the licensors or joint licensors, as the case may be, under the Crown forestry licence as if the Kopironui property had been returned to Māori ownership— (a) (b) on the Kopironui vesting date; and under section 36 of the Crown Forest Assets Act 1989.
(4) However, section 36(1)(b) of the Crown Forest Assets Act 1989 does not apply to the Kopironui property.

Jurisdiction of Māori Land Court in relation to Kopironui property 74 (1) Proceedings to determine ownership of Kopironui property The Ministers must, as soon as practicable after the settlement date, apply to the Māori Land Court under this section for an order of the kind described in section 75.
(2) An application under this section must be— (a) made in form 1 of the Schedule of the Māori Land Court Rules 2011; and (b) filed in the office of the Chief Registrar of the Māori Land Court.

(3) (4) The provisions of sections 78 and 79 apply to the procedures of the Māori Land Court.

The Māori Land Court has jurisdiction to make an order in accordance with section 77.
75 Determination by Māori Land Court (1) As soon as practicable after the application is filed under section 74, the Chief Judge of the Māori Land Court must allocate the application to himself or her- self or to another Judge of that court to hear and determine.
42 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 75 (2) The Chief Judge or the Judge to whom the application is allocated must inquire into and determine— (a) (b) which of the specified iwi is entitled to receive the beneficial interest in the Kopironui property; or if both specified iwi are entitled to receive a share in the beneficial inter- est in the Kopironui property,— (i) how the beneficial interest in the property is to be shared between the 2 specified iwi; and (ii) what proportion of the beneficial interest in the property each of the specified iwi is entitled to receive; and (iii) whether the property should be subdivided.
(3) The Māori Land Court— (a) must make an order accordingly; but (b) must not make an order in respect of any iwi or person other than the specified iwi.
(4) If the Māori Land Court determines that the property be subdivided, the court must determine— (a) how the land is to be subdivided; and (b) whether any right of way easements are necessary to provide access to any part of the Kopironui property, including any terms that the court thinks appropriate (but subject to any Crown forestry licence that applies to the whole of the Kopironui property).
(5) In making a determination under this section, the Māori Land Court— (a) must consider evidence as to the identity of persons or groups of persons who were owners of the Kopironui property at the time that the property was alienated from Māori ownership and evidence as to the identity of the successors of those owners: (b) may consider evidence as to— (i) the identity of persons or groups of persons to whom title in the Kopironui Block was awarded— (A) in 1871; and (B) when the Block was later partitioned: (ii) the owners of the Kopironui Block, excluding the Kopironui prop- erty, on the settlement date: (iii) any other matters relevant to the required determination.
(6) In subsection (5), Kopironui Block means the former Māori land block of that name, comprising 937 acres, the title to which was determined by the Native Land Court in 1871.
43 Part 2 s 76 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 76 (1) (2) Agreement by consent order This section applies if, at any time before the Māori Land Court makes an order under section 75, the relevant trustees agree— (a) (b) which of the relevant trustees is entitled to receive the fee simple estate in the whole or a part of the Kopironui property; or that both relevant trustees are entitled to share the fee simple estate in the whole or a part of the Kopironui property, and the proportion for each.
The relevant trustees must advise the Chief Registrar of the Māori Land Court in writing of the agreement they have entered into, giving sufficient proof of the agreement and in sufficient detail to enable the Māori Land Court to make an order in accordance with section 77.
(3) The Māori Land Court must issue a consent order to give effect to the agree- ment if the court is satisfied that the agreement— (a) meets the requirements of subsection (2); and (b) makes provision for all of the land comprising the Kopironui property.
77 Order of Court (1) An order of the Māori Land Court must record the court’s determination made under section 75 or consent order made under section 76 as to which of the specified iwi is entitled to receive the beneficial interest in the Kopironui prop- erty, or, if both specified iwi are entitled to receive a beneficial interest, the proportion of the beneficial interest in the property that each should receive.
(2) The order must also specify, in accordance with the determination made under section 75 or the agreement for which a consent order is made under section 76,— (a) (b) (c) the relevant trustees in whom the fee simple estate in the Kopironui property, or any part of it, is to vest under section 72: if the Kopironui property is to be subdivided, how the property is to be subdivided and any access arrangements required over the Kopironui property: if the fee simple estate in the Kopironui property or any part of it is to be vested in undivided shares in the relevant trustees as tenants in common, the specified shareholding for the relevant trustees.
Procedural matters 78 Powers and procedures of Māori Land Court Notification and service of application (1) As soon as practicable after the Ministers have lodged the application required by section 74, the Chief Registrar of the Māori Land Court must publish a no- 44 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 79 tice of the application in the Panui, as required by rule 5.3 of the Māori Land Court Rules 2011.
(2) The notices given in accordance with subsection (4) must contain— (a) (b) a brief description of the application and of the orders sought; and the date by which the persons with a right to be heard (see subsection (3)) must lodge any submissions in the office of the Chief Registrar and the matters that any submission must include; and (c) any other matter that the court directs must be included in a notice.
(3) The only persons with a right to be heard are— (a) (b) the relevant trustees; and the Ministers.

Setting down for hearing and conduct of hearing (4) (5) The provisions of Parts 5 and 6 of the Māori Land Court Rules 2011 apply, as far as they are relevant, to setting down and conducting a hearing of the appli- cation lodged under this section.
Appointment of additional members for purposes of inquiry For any purpose relevant to the jurisdiction of the Māori Land Court under this subpart, the Chief Judge of the Māori Land Court may appoint 1 or more addi- tional members of the court.

(6) An additional member— (a) must have the knowledge and experience relevant to the matter to which the application relates; but (b) is not a Judge of the Māori Land Court.
(7) (8) The Chief Judge of the Māori Land Court, before appointing a person under subsection (5), must consult the relevant trustees and the Ministers about the knowledge and experience any such person should have.
The following provisions of Te Ture Whenua Maori Act 1993 apply, with any necessary modification, if an additional member is appointed under subsection (5): (a) (b) (c) section 34 (which requires an oath to be taken by additional members): section 35 (which makes provision for the payment of fees and allow- ances to additional members): section 36 (which sets out matters relating to the quorum for a hearing and the making of decisions).
79 Service and notification of order (1) As soon as is reasonably practicable after an order made in accordance with section 77 has been pronounced by the Māori Land Court in accordance with 45 Part 2 s 80 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 section 41 of Te Ture Whenua Maori Act 1993, the Chief Registrar of the Māori Land Court must serve a copy of the order on the Ministers.

(2) The Ministers must notify the order in the Gazette.
General provisions applying to vesting of cultural redress properties 80 Vesting of share of fee simple estate in property In this subpart, a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vest- ing of an undivided share of the fee simple estate in the property.
81 (1) (2) (3) Properties vest subject to or together with interests Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 3.

Subsection (1) does not apply to Te Kawerau Pā vested under section 66 or to the Kopironui property vested under section 72.
In the case of the Kopironui property, subsection (4) applies if, in accordance with an order of the Māori Land Court made in accordance with section 77,— (a) (b) the Kopironui property is vested as a whole; or the Kopironui property is subdivided.
(4) The Kopironui property or each parcel of land into which the property is subdi- vided is subject to, or has the benefit of,— (a) (b) any interest listed for the Kopironui property in the third column of the table in Schedule 3 or that applies to the relevant parcel of the Kopironui property, if the interest is current on the Kopironui vesting date; and any other interests that are granted in relation to the Kopironui property, or in relation to the relevant parcel of the Kopironui property, whether before that vesting date or as a condition of the vesting.
82 (1) Interests that are not interests in land This section applies to each of the following cultural redress properties that are subject to an interest (other than an interest in land) listed for the property in Schedule 3, and for which there is a grantor, whether or not the interest also applies to land outside the cultural redress property: (a) (b) Te Henga site B: Parihoa site A.
(2) The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property.
(3) The interest applies— 46 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 83 (a) until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and (b) with any other necessary modifications; and (c) despite any change in status of the land in the property.
83 (1) (2) Registration of ownership This section applies to a cultural redress property, other than the Kopironui property (see section 84), vested in the trustees under this subpart.

Subsection (3) applies to a cultural redress property, but only to the extent that the property is all of the land contained in a computer freehold register.
(3) The Registrar-General must, on written application by an authorised person,— (4) (5) (a) (b) register the trustees as the proprietors of the fee simple estate in the property; and record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 5 of the deed of settle- ment.

Subsection (5) applies to a cultural redress property, but only to the extent that subsection (2) does not apply to the property.
The Registrar-General must, in accordance with a written application by an au- thorised person,— (a) (b) create a computer freehold register for the fee simple estate in the prop- erty in the name of the trustees; and record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.

(6) Subsection (5) is subject to the completion of any survey necessary to create a computer freehold register.
(7) A computer freehold register must be created under this section as soon as is reasonably practicable after the date on which the property vests, but not later than— (a) (b) 24 months after that date; or any later date that may be agreed in writing by the Crown and the trust- ees.

(8) In this section, authorised person means a person authorised by— (a) the chief executive of the Ministry of Justice, for Te Onekiritea Point property; and (b) the Director-General, for all other properties.
47 Part 2 s 84 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 84 (1) (2) Registration of ownership of Kopironui property This section applies to the Kopironui property vested under section 72 in ac- cordance with an order of the Māori Land Court made in accordance with sec- tion 77.
The Registrar-General must, in accordance with a written application by the authorised person,— (a) (b) create a computer freehold register for the fee simple estate in the prop- erty in the name of the relevant trustees declared by order of the Māori Land Court to be the owners of the fee simple estate in the property; and record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
(3) However, if by order of the Māori Land Court the Kopironui property is subdi- vided or vested in the relevant trustees as tenants in common, the Registrar- General must, in accordance with a written application by the authorised per- son,— (a) create computer freehold registers, as the case may require,— (i) (ii) for the fee simple estate in the parcels of the Kopironui property in the names of the relevant trustees identified by the court in re- spect of the parcels; or if the Kopironui property or part of it is vested in the relevant trustees as tenants in common, for specified undivided shares of the fee simple estate in the property or the relevant part of the property in the names of the relevant trustees; and (b) record on each computer freehold register any interests that are regis- tered, notified, or notifiable and that are described in the application.
(4) Subsections (2) and (3) are subject to the completion of any survey necessary to create a computer freehold register.

(5) A computer freehold register must be created under this section as soon as is reasonably practicable after the Kopironui vesting date, but not later than— (a) (b) 24 months after that vesting date; or any later date that may be agreed in writing by the Crown and the rele- vant trustees identified by the Māori Land Court as provided for in sec- tion 77.
In this section, authorised person means a person authorised by the chief ex- ecutive of LINZ.

Application of Part 4A of Conservation Act 1987 The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A of the Conserva- (6) 85 (1) 48 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 86 tion Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.
Section 24 of the Conservation Act 1987 does not apply to the vesting of a re- serve property.

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

Subsections (2) and (3) do not limit subsection (1).

Subsection (3) does not apply to Te Kawerau Pā.
(2) (3) (4) (5) 86 Matters to be recorded on computer freehold register (1) The Registrar-General must record on the computer freehold register,— (a) for a reserve property (other than Te Kawerau Pā),— (i) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and (ii) that the land is subject to sections 85(3) and 90; and (b) for Te Kawerau Pā,— (i) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and (ii) that the land is subject to sections 66(5) to (7), 67(3), and 90; and (c) for any other cultural redress property, that the land is subject to Part 4A of the Conservation Act 1987.
(2) A notification made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.
(3) For a reserve property, if the reservation of the property under this subpart is revoked for— (a) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that— (i) section 24 of the Conservation Act 1987 does not apply to the property; and (ii) the property is subject to sections 85(3) and 90; or (b) part of the property, the Registrar-General must ensure that the notifica- tions referred to in paragraph (a) remain only on the computer freehold register for the part of the property that remains a reserve.
(4) The Registrar-General must comply with an application received in accordance with subsection (3)(a).

49 Part 2 s 87 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 Subsection (3) does not apply to Te Kawerau Pā.

Application of other enactments The vesting of the fee simple estate in a cultural redress property under this subpart does not— (a) (b) limit section 10 or 11 of the Crown Minerals Act 1991; or affect other rights to subsurface minerals.
The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to a cultural redress property.

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

Names of Crown protected areas discontinued Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area, but does not apply to Te Kawerau Pā.
The official geographic name of the Crown protected area is discontinued in re- spect of the land, or the part of the land, and the Board must amend the Gazet- teer accordingly.

In this section, Board, Crown protected area, Gazetteer, and official geo- graphic name have the meanings given in section 4 of the New Zealand Geo- graphic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
Further provisions applying to reserve properties Application of other enactments to reserve properties The trustees are the administering body of a reserve property.

Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve property.
If the reservation of a reserve property under this subpart is revoked under sec- tion 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25 of that Act.
(5) 87 (1) (2) (3) (4) 88 (1) (2) (3) 89 (1) (2) (3) 50 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 2 s 91 (4) A reserve property is not a Crown protected area under the New Zealand Geo- graphic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, despite anything in that Act.
(5) A reserve property must not have a name assigned to it or have its name changed under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property, and section 16(10A) of that Act does not apply to the proposed name.

(6) 90 (1) (2) (3) (4) 91 (1) (2) Subsections (1) to (4) do not apply to Te Kawerau Pā.
Subsequent transfer of reserve land This section applies to all or the part of a reserve property that remains a re- serve under the Reserves Act 1977 after the property has vested in the trustees under this subpart.

The fee simple estate in the reserve land in Te Kawerau Pā may only be trans- ferred in accordance with section 92.

The fee simple estate in the reserve land in any other property may only be transferred in accordance with section 91 or 92.
In this section and sections 91 to 93, reserve land means the land that remains a reserve as described in subsection (1).

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

(3) The Registrar-General must, upon receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land.
(4) The required documents are— (a) (b) (c) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and the written consent of the Minister of Conservation to the transfer of the reserve land; and any other document required for the registration of the transfer instru- ment.
(5) The new owners, from the time of their registration under this section,— 51 Part 2 s 92 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (a) (b) are the administering body of the reserve land; and hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer.

(6) A transfer that complies with this section need not comply with any other re- quirements.
92 Transfer of reserve land to trustees of existing administering body if trust- ees change The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if— (a) (b) (c) the transferors of the reserve land are or were the trustees of a trust; and the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trust- ee of the trust; and the instrument to transfer the reserve land is accompanied by a certifi- cate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.
93 Reserve land not to be mortgaged The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
94 (1) Saving of bylaws, etc, in relation to reserve properties This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or im- posed under the Conservation Act 1987 or the Reserves Act 1977 in relation to a reserve property before the property was vested in the trustees under this sub- part.
(2) The bylaw, prohibition, or restriction remains in force until it expires or is re- voked under the Conservation Act 1987 or the Reserves Act 1977.
Part 3 Commercial redress 95 Interpretation In subparts 1 to 3,— Auckland Prison Housing Block and Housing Block mean the Auckland (Paremoremo) on-site housing village, described as the Paremoremo Housing Block in part 5 of the property redress schedule, for which— (a) an effective Housing Block purchase notice has been given; and 52 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 95 (b) the requirements for transfer under the Ngāti Whātua o Kaipara deed of settlement have been satisfied commercial redress property means the licensed land described in part 3 of the property redress schedule Crown forest land has the meaning given in section 2(1) of the Crown Forest Assets Act 1989 Crown forestry licence— (a) (b) has the meaning given in section 2(1) of the Crown Forest Assets Act 1989; and in relation to the licensed land, means the licence described in the sec- ond column of the table in part 3 of the property redress schedule Crown forestry rental trust means the forestry rental trust referred to in sec- tion 34 of the Crown Forest Assets Act 1989 Crown forestry rental trust deed means the trust deed made on 30 April 1990 establishing the Crown forestry rental trust deferred selection property means a property described in part 4 of the prop- erty redress schedule for which the requirements for transfer under the deed of settlement have been satisfied effective Housing Block purchase notice has the meaning given in section 82 of the Ngāti Whātua o Kaipara Claims Settlement Act 2013 Housing
 Block nominee means a person nominated by 1 or more governance entities that give the effective Housing Block purchase notice to the Depart- ment of Corrections land holding agency means— (a) (b) the land holding agency specified, for the commercial redress property, in part 3 of the property redress schedule: the land holding agency specified, for a deferred selection property, in part 4 of the property redress schedule: (c) for the Housing Block, the Department of Corrections licensed land— (a) means the
 property described as licensed land in part 3 of the property redress schedule; but (b) excludes— (i) (ii) trees growing, standing, or lying on the land; and improvements that have been— (A) acquired by a purchaser of the trees on the land; or (B) made by the purchaser or the licensee after the purchaser has acquired the trees on the land 53 Part 3 s 96 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 licensee means the registered holder of the Crown forestry licence licensor means the licensor of the Crown forestry licence Ngāti Whātua o Kaipara deed of settlement has the meaning given in the definition of deed of settlement in section 11 of the Ngāti Whātua o Kaipara Claims Settlement Act 2013 protected site means any area of land situated in the licensed land that— (a) (b) is wāhi tapu or a wāhi tapu area within the meaning of section 6 of the Heritage New Zealand Pouhere Taonga Act 2014; and is, at any time, entered on the New Zealand Heritage List/Rārangi Kōre- ro as defined in section 6 of that Act right of access means the right conferred by section 106.
Subpart 1—Transfer of commercial redress property and deferred selection properties 96 (1) The Crown may transfer properties To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised— (a) (b) (c) to transfer the fee simple estate in the commercial redress property or a deferred selection property to the trustees; and to transfer the fee simple estate in the Housing Block to 1 or more gov- ernance entities that give an effective Housing Block purchase notice or to a Housing Block nominee; and to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
(2) Subsection (3) applies if the Housing Block or a deferred selection property is subject to a resumptive memorial recorded under an enactment listed in section 16(2).
(3) As soon as is reasonably practicable after the date on which the Housing Block or a deferred selection property is transferred under subsection (1), the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 17 (which relates to the cancellation of resumptive memorials).

(4) In this section, governance entity means either or both— the trustees: the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust.
(a) (b) 54 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 99 97 Transfer of share of fee simple estate in Housing Block In this Part, a reference to the transfer of the Housing Block, or the transfer of the fee simple estate in that property, includes the transfer of an undivided share of the fee simple estate in the property.
98 Minister of Conservation may grant easements (1) The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in rela- tion to the commercial redress property or a deferred selection property.
(2) Any such easement is— (a) (b) (c) enforceable in accordance with its terms, despite Part 3B of the Conser- vation Act 1987; and to be treated as having been granted in accordance with Part 3B of that Act; and registrable under section 17ZA(2) of that Act, as if it were a deed to which that provision applied.
99 (1) Computer freehold registers for deferred selection properties and Housing Block This section applies to each of the following properties that is to be transferred under section 96: (a) (b) a deferred selection property: the Housing Block.

(2) However, this section applies only to the extent that— (a) the property is not all of the land contained in a computer freehold regis- ter; or (b) there is no computer freehold register for all or part of the property.
(3) The Registrar-General must, in accordance with a written application by an au- thorised person,— (a) (b) create a computer freehold register for the fee simple estate in the prop- erty in the name of the Crown; and in the case of the Housing Block, if so required by the written applica- tion, create 2 computer freehold registers for the fee simple estate in the property in the name of the Crown, each for an undivided specified share of the fee simple estate in the Housing Block; and (c) record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but (d) omit any statement of purpose from the computer freehold register.
(4) Subsection (2) does not apply to the Housing Block if an undivided share of the fee simple estate in the property is transferred under section 96.

55 Part 3 s 100 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (5) (6) Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.

In this section and sections 100 and 101, authorised person means a person authorised by the chief executive of the land holding agency for the relevant property.
100 Computer freehold register for licensed land (1) (2) This section applies to the licensed land that is to be transferred to the trustees under section 96.
The Registrar-General must, in accordance with a written application by an au- thorised person,— (a) (b) create a computer freehold register in the name of the Crown for the fee simple estate in the property; and record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but (c) omit any statement of purpose from the computer freehold register.
(3) Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.

101 Authorised person may grant covenant for later creation of computer free- hold register (1) For the purposes of sections 99 and 100, the authorised person may grant a covenant for the later creation of a computer freehold register for any commer- cial redress property or deferred selection property.
(2) Despite the Land Transfer Act 1952,— (a) the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and (b) the Registrar-General must comply with the request.

102 Application of other enactments (1) (2) This section applies to the transfer of the fee simple estate in the commercial redress property, a deferred selection property, or the Housing Block under sec- tion 96.
The transfer is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

(3) The transfer does not— (a) (b) limit section 10 or 11 of the Crown Minerals Act 1991; or affect other rights to subsurface minerals.
56 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 104 (4) (5) (6) The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to the transfer.
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or to any matter incidental to, or required for the purpose of, the transfer.

In exercising the powers conferred by section 96, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer.

(7) Subsection (6) is subject to subsections (2) and (3).
Subpart 2—Licensed land 103 Licensed land ceases to be Crown forest land (1) The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the trustees.
(2) However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of regis- tration, be permitted by the Crown Forest Assets Act 1989 but be inconsistent with this subpart, part 6 of the deed of settlement, or part 8 of the property re- dress schedule.
104 Trustees are confirmed beneficiaries and licensors of licensed land (1) The trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the licensed land.
(2) The effect of subsection (1) is that— (a) (b) the trustees are entitled to the rental proceeds payable for the licensed land to the trustees of the Crown forestry rental trust under the Crown forestry licence since the commencement of the licence; and 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.
(3) The Crown must give notice under section 17(4)(b) of the Crown Forest Assets Act 1989 in respect of the Crown forestry licence, even though the Waitangi Tribunal has not made a recommendation under section 8HB(1)(a) of the Trea- ty of Waitangi Act 1975 for the return of the licensed land.
(4) Notice given by the Crown under subsection (3) has effect as if— (a) the Waitangi Tribunal made a recommendation under section 8HB(1)(a) of the Treaty of Waitangi Act 1975 for the return of the licensed land; and 57 Part 3 s 105 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (b) the recommendation became final on the settlement date.
(5) The trustees are the licensors under the Crown forestry licence as if the li- censed land were 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 1989 does not apply to the licensed land.
105 Effect of transfer of licensed land (1) Section 104 applies whether or not— (a) (b) the transfer of the fee simple estate in the licensed land has been regis- tered; or the processes referred to in section 90(1)(b) of the Ngāti Whātua o Kai- para Claims Settlement Act 2013 have been completed.
(2) For the period (if any) starting on the settlement date and ending with the com- pletion of the processes referred to in subsection (1), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in paragraphs 8.22 and 8.23 of the property redress schedule.

(3) However, the calculation of the licence fee under subsection (2) is overridden by any agreement made by the trustees as licensor, the licensee, and the Crown.
Subpart 3—Access to protected sites 106 Right of access to protected sites (1) The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special cultural, historical, or spiritual significance to have access across the land to each protected site.

(2) The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
(3) The right of access is subject to the following conditions: (a) (b) (c) a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and the right of access may be exercised only at reasonable times and during daylight hours; and a person exercising the right of access must observe any conditions im- posed by the owner relating to the time, location, or manner of access that are reasonably required— 58 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 109 (i) (ii) for the safety of people; or for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or (iii) for operational reasons.
107 Right of access over licensed land (1) A right of access over licensed land is subject to the terms of any Crown forest- ry licence.

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

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

The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land.
The Registrar-General must, upon the registration of the transfer of the land, record on any computer freehold register for the land that the land is subject to a right of access to protected sites on the land.
Subpart 4—Right of first refusal over RFR land Interpretation 109 Interpretation In this subpart and Schedule 4,— approving Marutūāhu Iwi collective legislation means the legislation that approves as redress for Marutūāhu Iwi the rights to non-exclusive RFR land provided by or under this subpart to the Marutūāhu Iwi governance entity approving Ngāti Whātua settlement legislation means settlement legislation that approves as redress for Ngāti Whātua the rights to non-exclusive RFR land provided by or under this subpart to the Ngāti Whātua governance entity Auckland Council means the local authority established by section 6(1) of the Local Government (Auckland Council) Act 2009 Auckland Prison— (a) means the land described as Paremoremo Prison in the second table in part 3A of the attachments if, on the settlement date,— (i) the land is vested in the Crown; or 59 Part 3 s 109 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (ii) the fee simple estate is held by the Crown; and (b) includes any land obtained in exchange for a disposal of Auckland Pris- on under section 126(1)(c) or 127 control, for the purposes of paragraph (d) of the definition of Crown body, means,— (a) (b) for a company, control of the composition of its board of directors; and for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body means— (a) (b) (c) (d) a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and a State enterprise, as defined
 in section 2 of the State-Owned Enterprises Act 1986; and the New Zealand Railways Corporation; and a company or body that is wholly owned or controlled by 1 or more of the following: (i) (ii) (iii) (iv) the Crown: a Crown entity: a State enterprise: the New Zealand Railways Corporation; and (e) a subsidiary or related company of a company or body referred to in paragraph (d) dispose of, in relation to RFR land,— (a) means— (i) (ii) to transfer or vest the fee simple estate in the land; or to grant a lease
 of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but (b) to avoid doubt, does not include— (i) (ii) (iii) to mortgage, or give a security interest in, the land; or to grant an easement over the land; or to consent to an assignment of a lease, or to a sublease, of the land; or (iv) to remove an improvement, a fixture, or a fitting from the land exclusive RFR land has the meaning given in section 111 expiry date, in relation to an offer, means its expiry date under sections 115(2)(a) and 116 60 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 109 governance entity means,— (a) in relation to Auckland Prison,— (i) (ii) the trustees: the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust: (b) (c) in relation to exclusive RFR land, the trustees: in relation to non-exclusive RFR land,— (i) (ii) the trustees: the Marutūāhu Iwi governance entity: (iii) the Ngāti Whātua governance entity Marutūāhu Iwi means the collective group comprising Ngāti Maru, Ngāti Pāoa, Ngāti Tamaterā, Ngaati Whanaunga, and Te Patukirikiri Marutūāhu Iwi collective redress deed means a deed between the Crown and Marutūāhu Iwi that provides redress to Marutūāhu Iwi Marutūāhu Iwi governance entity means the entity that any Marutūāhu Iwi collective redress deed specifies as having the rights of a Marutūāhu Iwi gov- ernance entity under this subpart Ngāti Whātua means the descendants of
 Haumoewarangi, a tupuna of Ngāti Whātua as provided for in section 4(2) of the Te Runanga o Ngati Whatua Act 1988 Ngāti Whātua deed of settlement means a deed between the Crown and Ngāti Whātua that settles the outstanding historical claims of Ngāti Whātua Ngāti Whātua governance entity means an entity that any Ngāti Whātua deed of settlement specifies as having the rights of the Ngāti Whātua governance en- tity under this subpart non-exclusive RFR land— (a) means the land that is within the RFR area that, on
 the RFR date for that land,— (i) (ii) (iii) is vested in the Crown; or is held in fee simple by the Crown; or is a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on application of sec- tion 25 or 27 of the Reserves Act 1977, revest in the Crown; and (b) includes any land obtained in exchange for a disposal of non-exclusive RFR land under section 126(1)(c) or 127 notice means a notice given under this subpart offer means an offer by an RFR landowner, made in accordance with section 115, to dispose of RFR land to a governance entity 61 Part 3 s 109 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 public work has the meaning given in section 2 of the Public Works Act 1981 related company has the meaning given in section 2(3) of the Companies Act 1993 relevant approving legislation means the approving Marutūāhu Iwi collective legislation or the approving Ngāti Whātua settlement legislation, as the case re- quires RFR area means the area shown on SO 459993 in part 3 of the attachments RFR date means the date on which this subpart comes into effect under section 113 in relation to— (a) (b) (c) Auckland Prison; and the exclusive RFR land; and the non-exclusive RFR land RFR landowner, in relation to RFR land,— (a) means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and (b) means a Crown body, if the body holds the fee simple estate in the land; and (c)
 means the Auckland Council, if the Council holds the fee simple estate in the Te Onekiritea Point land (see section 124(2)); and (d) (e) includes a local authority to which RFR land has been disposed of under section 121(1); but to avoid doubt, does not include an administering body in which RFR land, except the Te Onekiritea Point land, is vested— (i) (ii) on the settlement date; or after the settlement date, under section 122(1) RFR period means,— (a) for Auckland Prison, the period of 170 years on and from
 the earlier of— (i) (ii) the settlement date; and the date that is 36 months after the date defined as the settlement date in section 11 of the Ngāti Whātua o Kaipara Claims Settle- ment Act 2013: (b) (c) for the exclusive RFR land, the period of 172 years on and from the settlement date: for the non-exclusive RFR land, the period of 173 years on and from the earlier of— (i) the date that is 36 months after the settlement date under this Act; and 62 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 111 (ii) the later of the settlement dates under the relevant approving le- gislation subsidiary has the meaning given in section 5 of the Companies Act 1993 Te Onekiritea Point land means the land described by that name in part 3A of the attachments.
110 Meaning of RFR land (1) In this subpart, RFR land means— (a) (b) (c) Auckland Prison; and the exclusive RFR land; and the non-exclusive RFR land.
(2) Land ceases to be RFR land if— (a) the fee simple estate in the land transfers from the RFR landowner to— (i) (ii) a governance entity or their nominee (for example, under a con- tract formed under section 119); or any other person (including the Crown or a Crown body) under section 114(3); or the fee simple estate in the land transfers or vests from the RFR land- owner in accordance with a waiver or variation given under section 142; or the RFR period for the land ends; or for RFR land required for another Treaty settlement, notice is given in relation to the land under section 112.
(b) (c) (d) (3) Except as provided for the Te Onekiritea Point land in section 124(2), land also ceases to be RFR land if 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— (a) (b) under any of sections 123 to 130 (which relate to permitted disposals of RFR land); or under any matter referred to in section 131(1) (which specifies matters that may override the obligations of an RFR landowner under this sub- part).
111 Meaning of exclusive RFR land (1) In this subpart, exclusive RFR land— (a) means the land described as Clark House in part 3A of the attachments; and (b) means the Te Onekiritea Point land; and 63 Part 3 s 112 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (c) (d) includes any land that has ceased to be a deferred selection property under clause 6.6B of the deed of settlement on or before the settlement date; and includes any land obtained in exchange for a disposal of exclusive RFR land under section 126(1)(c) or 127.
(2) Subsection (1)(a) to (c) applies only if, on the settlement date,— (a) (b) the land is vested in the Crown or is held in fee simple by the Crown or the Auckland Council; and in respect of the land referred to in subsection (1)(c), the land is not sub- ject to a contract formed under section 127 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 for the disposal of the land.
(3) (4) If, after the settlement date, land ceases to be a deferred selection property under clause 6.6B of the deed of settlement, that land becomes exclusive RFR land.

In subsections (1)(c) and (3), deferred selection property has the meaning given in the general matters schedule of the deed of settlement.
112 RFR land required for another Treaty of Waitangi settlement (1) The Minister for Treaty of Waitangi Negotiations must, for non-exclusive RFR land required for the settlement of other historical Treaty claims, give notice to the following persons that the land is to cease being RFR land: (a) (b) the RFR landowner; and each of the following governance entities: (i) (ii) the trustees: the Marutūāhu Iwi governance entity: (iii) the Ngāti Whātua governance entity.
(2) (3) The notice may be given at any time before a contract is formed under section 119 for the disposal of the land.

In this section, historical Treaty claim has the meaning given in section 2 of the Treaty of Waitangi Act 1975.
Application of this subpart 113 When this subpart comes into effect The provisions of this subpart come into effect as follows: (a) (b) (c) for Auckland Prison, on the settlement date; and for the exclusive RFR land, on the settlement date; and for the non-exclusive RFR land, on the earlier of— 64 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 114 (i) (ii) the date that is 36 months after the settlement date under this Act; and the later of the settlement dates under the relevant approving le- gislation.
Restrictions on disposal of RFR land 114 Restrictions on disposal of RFR land (1) An RFR landowner must not dispose of RFR land other than to the trustees or a governance entity referred to in subsection (3)(a)(ii) or (4)(b) who have or that has accepted an offer to dispose of RFR land under section 118, or to their nominees.
(2) However, subsection (1) does not apply if the land is disposed of— (a) (b) (c) (d) under any of sections 120 to 130; or under any matter referred to in section 131(1); or in accordance with a waiver or variation given under section 142; or in accordance with subsection (3).
(3) An RFR landowner may dispose of RFR land to any person within 2 years after the expiry date of an offer made by the RFR landowner if the offer was,— (a) in the case of Auckland Prison, made by notice to— (i) (ii) the trustees; and the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust: (b) (c) in the case of exclusive RFR land, made by notice to the trustees: in the case of non-exclusive RFR land, made by notice in accordance with subsection (4).
(4) In the case of non-exclusive RFR land, a notice of offer must be given,— (a) (b) if the settlement dates under both the approving Marutūāhu Iwi collect- ive legislation and the approving Ngāti Whātua settlement legislation have not occurred at the date of offer, to the trustees; or if the settlement date under the relevant approving legislation has occur- red at the date of offer,— (i) (ii) to the trustees; and to the relevant approving governance entity.
(5) In every case where notice has been given under subsection (3)(a) or (b) or (4), the offer must— (a) have been made in accordance with section 115; and 65 Part 3 s 115 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (b) (c) (d) have been made on terms that are the same as, or more favourable to, the relevant governance entity than, the terms of the disposal to the other person; and not have been withdrawn under section 117; and not have been accepted under section 118.
(6) In subsection (4)(b), relevant approving governance entity means— (a) (b) the Marutūāhu Iwi governance entity if the settlement date under any ap- proving Marutūāhu Iwi collective legislation has occurred: the Ngāti Whātua governance entity if the settlement date under any ap- proving Ngāti Whātua settlement legislation has occurred.
Governance entities’ right of first refusal 115 Requirements for offer (1) An offer by an RFR landowner to dispose of RFR land to a governance entity must be by notice to the governance entity.
(2) The notice must include— (a) (b) (c) (d) (e) the terms of the offer, including its expiry date; and the legal description of the land, including any interests affecting it, and the reference for any computer register for the land; and a statement that identifies the RFR land as exclusive RFR land or non- exclusive RFR land; and a street address for the land (if applicable); and a street address, postal address, and fax number or electronic address for the governance entity to give notices to the RFR landowner in relation to the offer.
116 Expiry date of offer (1) The expiry date of an offer must be on or after the date that is 40 working days after the date on which the governance entity receives notice of the offer.
(2) However, the expiry date of an offer may be on or after the date that is 20 working days after the date on which the governance entity receives notice of the offer if— (a) (b) the governance entity received an earlier offer to dispose of the land; and the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and (c) the earlier offer was not withdrawn.
For an offer of non-exclusive RFR land or the Auckland Prison, if the RFR landowner receives notices of acceptance from 2 or more governance entities to which the offer was made at the expiry date specified in the notice given (3) 66 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 118 under section 115, the expiry date is extended for those governance entities to the date that is 20 working days after the date on which they receive the RFR landowner’s notice given under section 118(4).
117 Withdrawal of offer The RFR landowner may, by notice to the relevant governance entity, withdraw an offer at any time before it is accepted.

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

(2) A governance entity must accept all the RFR land offered, unless the offer per- mits it to accept less.
(3) (4) In the case of an offer of non-exclusive RFR land or the Auckland Prison, the offer is accepted if, at the expiry date, the RFR landowner has received notice of acceptance from only 1 of the governance entities to which the offer was made.
In the case of an offer of non-exclusive RFR land or the Auckland Prison, if the RFR landowner has received, at the end of the expiry date specified in the no- tice of offer given under section 115, notices of acceptance from 2 or more governance entities to which the offer was made, the RFR landowner has 10 working days in which to give notice to those 2 or more governance entities,— (a) (b) specifying the governance entities from which acceptance notices have been received; and stating that the offer may be accepted by only 1 of those governance en- tities before the end of the 20th working day after the day on which the RFR landowner’s notice is received under this subsection.
(5) However, in the case of non-exclusive RFR land, if the 2 or more governance entities are unable to agree which of them is to provide a notice of acceptance, subsections (6) to (8) apply.
(6) Not later than the 20th working day referred to in subsection (4)(b),— (a) (b) the 2 or more governance entities must jointly appoint and authorise a solicitor (as defined in section 6 of the Lawyers and Conveyancers Act 2006) or a Justice of the Peace to conduct a ballot; and the RFR landowner must receive written notice confirming which one of the 2 or more governance entities may provide a notice of acceptance.
(7) In subsection (6), ballot means a ballot to determine which one of the 2 or more governance entities may provide a notice of acceptance.
(8) A notice given under subsection (6) must— 67 Part 3 s 119 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (a) (b) (c) confirm that the solicitor or Justice of the Peace was authorised by the 2 or more governance entities to conduct a ballot under that subsection; and state the result of that ballot; and attach the notice of acceptance duly signed by the relevant governance entity; and (d) be signed and dated by the solicitor or Justice of the Peace.
(9) If subsections (6) and (8) apply, only the notice given under subsection (8)(c) is valid.

119 Formation of contract (1) (2) If a governance entity accepts, under section 118, an offer by an RFR landown- er to dispose of RFR land, a contract for the disposal of the land is formed be- tween the RFR landowner and the governance entity on the terms in the offer.

The terms of the contract may be varied by written agreement between the RFR landowner and the governance entity.
(3) Under the contract, the governance entity may nominate any other person (the nominee) to receive the transfer of the RFR land.

(4) The governance entity may nominate a nominee only if— (a) (b) the nominee is lawfully able to hold the RFR land; and notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
(5) The notice must specify— (a) (b) the full name of the nominee; and any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.

(6) If the governance entity nominates a nominee, the governance entity remains liable for the obligations of the transferee under the contract.

Disposals to others but land remains RFR land 120 Disposal to the Crown or Crown bodies (1) An RFR landowner may dispose of RFR land to— (a) (b) the Crown; or a Crown body.
(2) To avoid doubt, the Crown may dispose of RFR land to a Crown body in ac- cordance with section 143(5) or 206 of the Education Act 1989.

68 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 124 121 Disposal of existing public works to local authorities (1) An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 of the Public Works Act 1981 to a local authority, as defined in section 2 of that Act.
(2) To avoid doubt,— (a) (b) in the case of the Te Onekiritea Point land, the RFR landowner may dis- pose of that land to the Auckland Council for the purposes of a reserve; and if RFR land is disposed of to a local authority, the local authority be- comes— (i) (ii) the RFR landowner of the land; and subject to the obligations of an RFR landowner under this subpart.
122 Disposal of reserves to administering bodies (1) An RFR landowner may dispose of RFR land in accordance with section 26 or 26A of the Reserves Act 1977.

(2) To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become— (a) (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 123 Disposal in accordance with obligations under enactment or rule of law An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
124 Disposal in accordance with legal or equitable obligations (1) An RFR landowner may dispose of RFR land in accordance with— (a) a legal or an equitable obligation that— (i) was unconditional before the RFR date for that land; or (ii) was conditional before the RFR date for that land but became un- conditional on or after that date; or (iii) arose after the exercise (whether before, on, or after the RFR date for that land) of an option existing before the RFR date for that land; or 69 Part 3 s 125 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (b) the requirements, existing before the RFR date for that land, of a gift, an endowment, or a trust relating to the land.
(2) If the RFR landowner disposes of the Te Onekiritea Point land to the Auckland Council in accordance with subsection (1) for the purposes of a reserve,— (a) (b) the land does not cease to be RFR land; and the Auckland Council becomes— (i) (ii) the RFR landowner of the land; and subject to the obligations of an RFR landowner under this subpart.
125 Disposal under certain legislation An RFR landowner may dispose of RFR land in accordance with— (a) (b) (c) (d) section 54(1)(d) of the Land Act 1948; or section 34, 43, or 44 of the Marine and Coastal Area (Takutai Moana) Act 2011; or section 355(3) of the Resource Management Act 1991; or an Act that— (i) (ii) excludes the land from a national park within the meaning of the National Parks Act 1980; and authorises that land to be disposed of in consideration or part con- sideration for other land to be held or administered under the Con- servation Act 1987, the National Parks Act 1980, or the Reserves Act 1977.
126 Disposal of land held for public works (1) An RFR landowner may dispose of RFR land in accordance with— (a) (b) (c) (d) (e) section 40(2) or (4) or 41 of the Public Works Act 1981 (including as ap- plied by another enactment); or section 52, 105(1), 106, 114(3), 117(7), or 119 of the Public Works Act 1981; or section 117(3)(a) of the Public Works Act 1981; or section 117(3)(b) of the Public Works Act 1981 if the land is disposed of to the owner of adjoining land; or section 23(1) or (4), 24(4), or 26 of the New Zealand Railways Corpor- ation Restructuring Act 1990.
(2) To avoid doubt, RFR land may be disposed of by an order of the Māori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an applica- tion by an RFR landowner under section 41(e) of the Public Works Act 1981.

127 Disposal for reserve or conservation purposes An RFR landowner may dispose of RFR land in accordance with— 70 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 131 (a) (b) section 15 of the Reserves Act 1977; or section 16A or 24E of the Conservation Act 1987.
128 Disposal for charitable purposes An RFR landowner may dispose of RFR land as a gift for charitable purposes.
129 Disposal to tenants The Crown may dispose of RFR land— (a) (b) that was held on the RFR date for that land for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or under section 67 of the Land Act 1948, if the disposal is to a lessee under a lease of the land granted— (i) (ii) before the RFR date for that land; or on or after the RFR date for that land under a right of renewal in a lease granted before the RFR date for that land; or (c) under section 93(4) of the Land Act 1948.
130 Disposal by Housing New Zealand Corporation (1) The Crown, Housing New Zealand Corporation, or any of that corporation’s subsidiaries may dispose of the Te Onekiritea Point land if— (a) (b) that land is Crown-owned land held for State housing purposes; and the disposal is for State housing purposes under the Housing Act 1955.
(2) It is sufficient proof, for the purposes of subsection (1), that the disposal is for State housing purposes if the notice given under section 133 in respect of the disposal— (a) is signed by— (i) the chief executive of the department of State responsible for the administration of the Housing Act 1955; or (ii) the chief executive of Housing New Zealand Corporation; and (b) states that the disposal is in accordance with this section.
RFR landowner obligations 131 RFR landowner’s obligations subject to other matters (1) An RFR landowner’s obligations under this subpart in relation to RFR land are subject to— (a) any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and 71 Part 3 s 132 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (b) any interest or legal or equitable obligation— (i) (ii) that prevents or limits an RFR landowner’s disposal of RFR land to a governance entity; and that the RFR landowner cannot satisfy by taking reasonable steps; and (c) the terms of a mortgage over, or security interest in, RFR land.
(2) Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment.

Notices about RFR land 132 Notice to LINZ of RFR land with computer register after RFR date (1) (2) (3) (4) If a computer register is first created for RFR land after the RFR date for that land, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
If land for which there is a computer register becomes RFR land after the RFR date for that land, the RFR landowner must give 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 include the legal description of the land and the reference for the computer register.
133 Notice to governance entities of disposal of RFR land to others (1) An RFR landowner must give notice of the disposal of RFR land by the land- owner,— (a) (b) (c) in the case of Auckland Prison, to the trustees and the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust, if the disposal is to a person other than those trustees or their nominees; and in the case of exclusive RFR land, to the trustees, if the disposal is to a person other than the trustees or their nominee; and in the case of non-exclusive RFR land, to the trustees, the Marutūāhu Iwi governance entity, and the Ngāti Whātua governance entity, if the dis- posal is to a person other than the trustees or those governance entities or their nominees.
(2) The notice must be given on or before the date that is 20 working days before the day of the disposal.
(3) The notice must include— the legal description of the land, including any interests affecting it; and the reference for any computer register for the land; and (a) (b) 72 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 134 (c) (d) (e) (f) the street address for the land (if applicable); and the name of the person to whom the land is being disposed of; and an explanation of how the disposal complies with section 114; and if the disposal is to be made under section 114(3), a copy of any written contract for the disposal.
(4) The requirement under subsection (1)(c) to notify— (a) (b) the Marutūāhu Iwi governance entity applies only if, before the date of the notice, approving Marutūāhu Iwi collective legislation has been enacted; and the Ngāti Whātua governance entity applies only if, before the date of the notice, approving Ngāti Whātua settlement legislation has been enac- ted.
134 Notice to LINZ of land ceasing to be RFR land (1) This section applies if land contained in a computer register is to cease being RFR land because— (a) the fee simple estate in the land is to transfer from the RFR landowner to— (i) (ii) a governance entity or its nominee (for example, under a contract formed under section 119); or any other person (including the Crown or a Crown body) under section 114(3); or (b) (c) the fee simple estate in the land is to transfer or vest from the RFR land- owner in accordance with a waiver or variation given under section 142; or the fee simple estate in the land is to transfer or vest from the RFR land- owner to or in a person other than the Crown or a Crown body— (i) (ii) under any of sections 123 to 130; or under any matter referred to in section 131(1).
(2) The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.

(3) The notice must include— (a) (b) (c) the legal description of the land; and the reference for the computer register for the land; and the details of the transfer or vesting of the land.
(4) Subsections (5) and (6) apply if land contained in a computer register ceases to be RFR land because a notice has been given under section 112 in relation to the land.

73 Part 3 s 135 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (5) The RFR landowner must, as soon as practicable after receiving the notice under section 112, give the chief executive of LINZ notice that the land has ceased to be RFR land.
(6) The notice must include— (a) (b) (c) the legal description of the land; and the reference for the computer register for the land; and a copy of the notice given under section 112.

135 Notice to governance entities if disposal of non-exclusive RFR land being considered (1) (2) (3) This section applies if an RFR landowner is considering whether to dispose of non-exclusive RFR land in a way that may require an offer under this subpart.
The RFR landowner must give notice to each governance entity that, if the landowner decides to dispose of the land, the landowner may be required to offer the land to that governance entity under this subpart.
The notice must be given immediately before the RFR landowner commences the processes under any of the following provisions, as relevant: (a) (b) (c) section 52 of the Land Act 1948: section 23 of the New Zealand Railways Corporation Restructuring Act 1990: section 40 of the Public Works Act 1981 (providing that the tests in sec- tion 40(1) of that Act are met): (d) any other enactment that regulates or applies to the disposal of the land.
(4) The notice must— (a) (b) (c) specify the legal description of the land; and identify any computer register that contains the land; and specify the street address for the land or, if it does not have a street ad- dress, include a description or a diagram with enough information to en- able a person not familiar with the land to locate it.
(5) To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under— (a) (b) section 207(4) of the Education Act 1989 (concerning the application of sections 40 to 42 of the Public Works Act 1981 to transfers of land under the Education Act 1989); or sections 23(1) and 24(4) of the New Zealand Railways Corporation Re- structuring Act 1990 (concerning the disposal of land of the Corpor- ation); or 74 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 138 (c) section 40 of the Public Works Act 1981 (concerning the requirement to offer back surplus land to a previous owner), or that section as applied by another enactment.
(6) In this section, dispose of means to transfer the fee simple estate in the land.

136 Notice to governance entities if disposal of Auckland Prison being consid- ered (1) (2) This section applies if an RFR landowner is considering whether to dispose of Auckland Prison in a way that may require an offer under this subpart.

The RFR landowner must give notice to any governance entity to which the offer would be made under this subpart if the land were to be disposed of.
(3) The notice must— (a) (b) (c) specify the legal description of the land; and identify any computer register that contains the land; and specify the street address for the land or, if it does not have a street ad- dress, include a description or a diagram with enough information to en- able a person not familiar with the land to locate it.
(4) To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under— (a) (b) (c) section 207(4) of the Education Act 1989 (concerning the application of sections 40 to 42 of the Public Works Act 1981 to transfers of land under the Education Act 1989); or sections 23(1) and 24(4) of the New Zealand Railways Corporation Re- structuring Act 1990 (concerning the disposal of land of the Corpor- ation); or section 40 of the Public Works Act 1981 (concerning the requirement to offer back surplus land to a previous owner), or that section as applied by another enactment.
137 Notice requirements Schedule 4 applies to notices given under this subpart by or to— (a) (b) an RFR landowner; or a governance entity.
Right of first refusal recorded on computer registers 138 Right of first refusal to be recorded on computer registers for RFR land (1) The chief executive of LINZ must issue to the Registrar-General 1 or more cer- tificates that specify the legal descriptions of, and identify the computer regis- ters for,— 75 Part 3 s 139 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 (a) (b) (c) the RFR land for which there is a computer register on the RFR date for that land; and the RFR land for which a computer register is first created after the RFR date for that land; and land for which there is a computer register and that becomes RFR land after the settlement date.
(2) The chief executive must issue a certificate as soon as is reasonably practic- able— (a) (b) after the RFR date for the land, for RFR land for which there is a com- puter register on that date; or after receiving a notice under section 132 that a computer register has been created for the RFR land or that the land has become RFR land, for any other land.

(3) (4) Each certificate must state that it is issued under this section.
The chief executive must provide a copy of each certificate, as soon as is rea- sonably practicable after issuing the certificate, if the certificate— (a) is for Auckland Prison, to— (i) (ii) the trustees; and the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust: (b) (c) is for exclusive RFR land, to the trustees: is for non-exclusive RFR land,— (i) (ii) (iii) to the trustees; and if approving Marutūāhu Iwi collective legislation has been enac- ted, to the Marutūāhu governance entity; and if approving Ngāti Whātua settlement legislation has been enac- ted, to the Ngāti Whātua governance entity.
(5) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is— (a) (b) RFR land, as defined in section 110; and subject to this subpart (which restricts disposal, including leasing, of the land).
139 Removal of notifications when land to be transferred or vested The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 134(2), issue to the Regis- trar-General a certificate that includes— (a) the legal description of the land; and (1) 76 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 141 (b) (c) (d) the reference for the computer register for the land; and the details of the transfer or vesting of the land; and a statement that the certificate is issued under this section.
(2) (3) The chief executive must provide a copy of each certificate as soon as is rea- sonably practicable after issuing the certificate, in accordance with the require- ments of section 138(4).
If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notification recorded under section 138 for the land described in the certifi- cate.
140 Removal of notifications when notice given under section 112 (1) The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 134(5), issue to the Registrar-General a certifi- cate that includes— (a) (b) (c) (d) the legal description of the land; and the reference for the computer register for the land; and a copy of the notice given under section 112; and a statement that the certificate is issued under this section.
(2) The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove from the computer register iden- tified in the certificate any notification recorded under section 138 for the land described in the certificate.
141 Removal of notifications when RFR period ends (1) The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes— (a) the reference for each computer register for that RFR land that still has a notification recorded under section 138; and (b) a statement that the certificate is issued under this section.
(2) (3) The chief executive must provide a copy of each certificate, as soon as is rea- sonably practicable after issuing the certificate, in accordance with the require- ments of section 138(4).

The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 138 from any computer register identified in the certificate.
77 Part 3 s 142 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 General provisions applying to right of first refusal 142 Waiver and variation (1) A governance entity may, by notice to an RFR landowner, waive any or all of the rights the governance entity has in relation to the landowner under this sub- part.

(2) A governance entity and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
(3) The trustees, the Marutūāhu Iwi governance entity, and the Ngāti Whātua gov- ernance entity, or any 2 of those bodies, may agree in writing that 1 of them may exercise, on behalf of those who agree, any right provided for by this sub- part that would otherwise be exercised by each of them separately.

(4) A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
143 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.

144 Assignment of rights and obligations under this subpart (1) Subsection (3) applies if the RFR holder— (a) assigns the RFR holder’s rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder’s constitutional docu- ment; and (b) has given the notices required by subsection (2).
(2) The RFR holder must give a notice 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, and fax number or electron- ic address for notices to the assignees.
(3) This subpart and Schedule 4 apply to the assignees (instead of to the RFR hold- er) as if the assignees were the trustees, with any necessary modifications.
(4) In this section,— constitutional document means the trust deed or other instrument adopted for the governance of the RFR holder RFR holder means the 1 or more persons who have the rights and obligations of the trustees under this subpart, because— 78 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Part 3 s 144 (a) (b) they are the trustees; or they have previously been assigned those rights and obligations under this section.
79 Schedule 1 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 Schedule 1 Statutory areas ss 27, 36 Part 1 Areas subject only to statutory acknowledgement Statutory area Taumaihi (being part of Te Henga Recreation Reserve) Motutara Settlement Scenic Reserve and Goldie Bush Scenic Reserve Swanson Conservation Area Henderson Valley Scenic Reserve Coastal statutory acknowledgement Waitakere River and tributaries Kumeu River and tributaries Rangitopuni Stream and tributaries Te Wai-o-Pareira / Henderson Creek and tributaries Motutara Domain (being part of Muriwai Beach Domain Recreation Reserve) Whatipu Scientific Reserve Location As shown on OTS-106-04 As shown on OTS-106-10 As shown on OTS-106-08 As shown on OTS-106-09 As shown on OTS-106-14 As shown on OTS-106-13 As shown on OTS-106-11 As shown on OTS-106-12 As shown on OTS-106-18 As shown on OTS-106-20 As shown on OTS-106-21 Part 2 Area also subject to deed of recognition Statutory area Motutara Settlement Scenic Reserve and Goldie Bush Scenic Reserve Location As shown on OTS-106-10 80 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Schedule 2 Schedule 2 Whenua rāhui area Whenua rāhui area Taumaihi (being part of Te Hen- ga Recreation Reserve) Location As shown on OTS-106-04 s 42 Description North Auckland Land District— Auckland Council 71.7795 hectares, more or less, being Lot 1 DP 116242 and Section 5 SO 477158.
81 Schedule 3 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 Schedule 3 Cultural redress properties ss 60, 67, 81 Name of property Te Henga site A Wai Whauwhaupaku Interests Properties vested in fee simple Description North Auckland Land District— Auckland Council 0.9930 hectares, more or less, being Section 4 SO 477158.

Part computer register NA57A/1128.

North Auckland Land District— Auckland Council 0.9975 hectares, more or less, being Section 1 SO 477436.
Part computer register 48133. freehold freehold Subject to a pipeline easement cre- ated by grant of easement B369908.1.

Subject to a gas pipeline easement in gross in favour of the Natural Gas Corporation of New Zealand Limited (now Vector Gas Limited) created by grant of easement B369908.1.
Property vested in fee simple to be held as Māori reservation Name of property Te Onekiritea Point property Description North Auckland Land District— Auckland Council 0.2975 hectares, more or less, being Section 1 SO 476963.

Part register computer 612355. freehold Interest Subject to being a Māori reserva- tion, as referred to in section 63(2).
Properties vested in fee simple to be administered as reserves Name of property Parihoa site B Description North Auckland Land District— Auckland Council 0.9665 hectares, more or less, be- ing Section 2 SO 477158.

Interests Subject to being a historic reserve, as referred to in section 64(3).
82 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Schedule 3 Name of property Te Henga site B Description North Auckland Land District— Auckland Council 11.0065 hectares, more or less, being Section 3 SO 477158.

Part computer register NA57A/1128.

freehold Te Kawerau Pā North Auckland Land District— Auckland Council 1.4490 hectares, more or less, be- ing Section 1 SO 477390.

Part Gazette 1980, p 2343. to in referred Interests Subject to being a historic reserve, as referred to in section 65(3).
Subject to the right of way ease- ment in gross referred to in section 65(5)(a).

Subject to the right of way ease- ment section 65(5)(b).

Subject to the right of access as provided for in clause 1 of the un- registered licence to occupy to A R and R G Bellamy (dated 7 June 1995).

Subject to a registered easement for rights to convey water and con- vey electricity in favour of the land contained in computer freehold register NA651/232.
Subject to a registered easement for a right to convey water in fa- vour of the land contained in com- puter freehold register NA885/207.

Subject to a registered easement for a right to convey water in fa- vour of the land contained in com- puter freehold register NA885/206.

Subject to a registered easement in gross for a right to convey tele- communications computer media in favour of Chorus New Zealand Limited.
Subject to an unregistered guiding permit with concession number NM-34405-GUI to Black Sheep Touring Company Limited.

Subject to an unregistered permit with concession number 34621- SSE and a variation dated 5 June 2015 to Total Sport Limited.

Subject to an unregistered permit with concession number 40571- SSE and a variation dated 25 June 2015 to Lactic Turkey Events Limited.

Subject to being a scientific re- serve, as referred to in section 66(4).
and Subject to an unregistered guiding permit with concession number AK-25495-GUI to the Supporters of Tiritiri Matangi Incorporated.

83 Schedule 3 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 Properties vested in fee simple subject to conservation covenant Name of property Muriwai Opareira Parihoa site A Description North Auckland Land District— Auckland Council 1.0129 hectares, more or less, being Section 1 SO 477271.

Part Gazette 1941, p 747.


North Auckland Land District— Auckland Council 1.0305 hectares, more or less, being Section 1 SO 477559.

Part Gazette notice 587951.1.

North Auckland Land District— Auckland Council 2.2230 hectares, more or less, being Section 1 SO 477158.

Interests Subject to the conservation cove- nant referred to in section 68(3).

Subject to the conservation cove- nant referred to in section 69(3).

Subject to the conservation cove- nant referred to in section 70(3)(a).
Subject to the right of way ease- ment in gross referred to in section 70(3)(b).

Subject to an unregistered permit with concession number 34621- SSE and a variation dated 5 June 2015 to Total Sport Limited.

Subject to an unregistered permit with concession number 40571- SSE and a variation dated 25 June 2015 to Lactic Turkey Events Limited.
Kopironui property vested in fee simple Interests Subject to a Crown forestry licence the issued Crown forestry licence created by C509747.1 and held in computer interest register NA100/7 and sub- ject to a sub-licence held in com- puter interest register 365586.

Subject created by C509747.6.

Description North Auckland Land District— Auckland Council 39.7 hectares, approximately, be- ing Parts Lot 1 DP 138527.

Part Gazette notice 15421.

Subject to survey.

As shown on OTS-106-15.
to protective covenants replacement for in Name of property Kopironui property 84 2015 No 75 Te Kawerau ā Maki Claims Settlement Act 2015 Schedule 4 Schedule 4 Notices in relation to RFR land ss 109, 137, 144(3) 1 Requirements for giving notice A notice by or to an RFR landowner or a governance entity under subpart 4 of Part 3 must be— (a) in writing and signed by— (i) (ii) (iii) (iv) the person giving it; or at least 2 of the trustees, for a notice given by the trustees; or in the case of the Marutūāhu Iwi governance entity, the persons specified in approving Marutūāhu Iwi collective legislation; or in the case of the Ngāti Whātua governance entity, the persons specified in approving Ngāti Whātua settlement legislation; and (b) addressed to the recipient at the street address, postal address, fax num- ber, or electronic address,— (i) (ii) for a notice to a governance entity, specified for the governance entity in accordance with the relevant deed of settlement, or in a later notice given by the governance entity to the RFR landowner, or identified by the RFR landowner as the current address, fax number, or electronic address of the governance entity; or for a notice to an RFR landowner, specified by the RFR landown- er in an offer made under section 115, or in a later notice given to a governance entity, or identified by the governance entity as the current address, fax number, or electronic address of the RFR landowner; and (c) for a notice given under section 132 or 134, addressed to the chief ex- ecutive of
 LINZ at the Wellington office of LINZ; and (d) given by— (i) (ii) (iii) (iv) delivering it by hand to the recipient’s street address; or posting it to the recipient’s postal address; or faxing it to the recipient’s fax number; or sending it by electronic means such as email.
2 Use of electronic transmission Despite clause 1, a notice given in accordance with clause 1(a) may be given by electronic means as long as the notice is given with an electronic signature that satisfies section 22(1)(a) and (b) of the Electronic Transactions Act 2002.
85 Schedule 4 Te Kawerau ā Maki Claims Settlement Act 2015 2015 No 75 3 Time when notice received (1) A notice is to be treated as having been received— (a) (b) (c) (d) at the time of delivery, if delivered by hand: for Auckland Prison, on the second day after posting, if posted: for all other RFR land, on the fourth day after posting, if posted: at the time of transmission, if faxed or sent by other electronic means.
(2) However, a notice is to be treated as having been received on the next working day if, under subclause (1), it would be treated as having been received— (a) (b) after 5 pm on a working day; or on a day that is not a working day.
16 April 2014 4 November 2014 4 May 2015 30 June 2015 8 September 2015 14 September 2015 Legislative history Introduction (Bill 198–1) First reading and referral to Māori Affairs Committee Reported from Māori Affairs Committee (Bill 198–2) Second reading Committee of the whole House, third reading Royal assent This Act is administered by the Ministry of Justice.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2015 86