Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010

1: Title
This Act is the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010.
2: Commencement
1: This Act comes into force as follows:
a: the whole Act may be brought into force on a date appointed by the Governor-General by an Order in Council made on the advice of the Minister for Treaty of Waitangi Negotiations; or
b: different provisions may be brought into force on different dates appointed by the Governor-General by Orders in Council made on the advice of the Minister for Treaty of Waitangi Negotiations.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1)﻿(b) brought into force 24 September 2010 clause 2 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act Commencement Order 2010 Section 2(1)﻿(b) brought into force 25 November 2010 clause 2(a) Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act and Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act Commencement Order 2010 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Overarching purpose of settlement
The overarching purpose of the settlement is to restore and protect the health and wellbeing of the Waikato River for future generations.
4: Purpose of Act
The purpose of this Act is to—
a: give effect to the settlement of raupatu claims under the 2009 deed:
b: recognise the significance of the Waikato River to Waikato-Tainui:
c: recognise the vision and strategy for the Waikato River:
d: establish and grant functions and powers to the Waikato River Authority:
e: establish the Waikato River Clean-up Trust:
f: recognise certain customary activities of Waikato-Tainui:
g: provide co-management arrangements for the Waikato River:
h: provide redress to Waikato-Tainui relating to certain assets:
i: recognise redress to Waikato-Tainui of the Kiingitanga Accord and other accords provided for in the schedule of the Kiingitanga Accord.
5: Guiding principles of interpretation
1: The vision and strategy is intended by Parliament to be the primary direction-setting document for the Waikato River and activities within its catchment affecting the Waikato River.
2: This Act must be interpreted in a manner that best furthers—
a: the overarching purpose of the settlement; and
b: subsection (1); and
c: the agreements expressed in the 2009 deed and the Kiingitanga Accord.
6: Interpretation
1: In this Act,— Authority Council Minister Trust
2: In relation to the Trust,—
a: the Waikato Raupatu River Trust is the trust referred to in and approved under clause 12.4 of the 2008 deed:
b: all references to the 2008 deed in the trust deed for the Trust are deemed to include the 2009 deed, to the extent to which that is appropriate.
3: In this Act, unless the context requires another meaning,— 1995 Act Waikato Raupatu Claims Settlement Act 1995 1992 deed 1995 deed 2008 deed 2009 deed appointer clause 2 authorised customary activities Schedule 3 business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 20 December in any year and ending with 10 January in the following year; and
d: the days observed as the anniversaries of the provinces of Auckland and Wellington catchment
a: in sections 9 16 17 Schedules 2 6 A B
b: in sections 35 36 40 42 45 A commencement date
a: if an Order in Council is made under section 2(a)
b: if more than 1 Order in Council is made under section 2(b) component section 35(3) consent authority Resource Management Act 1991 conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 Crown Public Finance Act 1989 Crown body
a: the Crown; and
b: a Crown entity; and
c: a State enterprise; and
d: a company that is wholly owned by a Crown entity or a State enterprise Crown entity Crown Entities Act 2004 department Public Service Act 2020 financial year Public Finance Act 1989 joint management agreement sections 41 55 Kiingitanga Accord local authority
a: for the purposes of sections 9 to 15 Schedules 4 6
i: means the Council and the territorial authorities whose boundaries fall within, or partly within, the areas marked A B
ii: does not include the Auckland Council:
b: for the purposes of sections 35 to 40 Resource Management Act 1991
c: for the purposes of sections 41 to 55 62
i: means the Council and the territorial authorities whose boundaries fall within, or partly within, the area marked A
ii: does not include the Auckland Council:
d: for the purposes of any other provisions of this Act, has the meaning given to it by the Resource Management Act 1991 memorialised lands Schedule 2 mixed ownership model company section 45P principles described in the Kiingitanga Accord Schedule 1 public notice
a: in 1 or more daily newspapers circulating in the Waikato region; or
b: on an Internet site to which the public have free access register section 25 Registrar-General Land Transfer Act 1952 representative entity
a: the Trust; and
b: a person acting in any capacity for or on behalf of an individual, hapuu, whaanau, or marae within the definition of Waikato-Tainui Resource Management Act 1991 decision maker section 39A Resource Management Act 1991 planning document Resource Management Act 1991
a: a district plan:
b: a proposed district plan:
c: a regional plan:
d: a proposed regional plan:
e: a regional policy statement:
f: a proposed regional policy statement responsible Ministers scoping study settlement settlement date
a: if paragraph (a) of the definition of commencement date
b: if paragraph (b) of the definition of commencement date soil conservation and river control
a: promoting soil conservation; and
b: preventing and mitigating soil erosion; and
c: preventing damage by floods state enterprise State-Owned Enterprises Act 1986 Te Puuaha o Waikato Te Taheke Hukahuka traditional whitebait stands and eel weirs vision and strategy Schedule 2 Wai 30 claim Waikato Raupatu River Trust Waikato River
a: in sections 3 4 8 88
b: in sections 9 16 17 20 22 23 26 32 44 Schedules 1 to 6
i: the body of water known as the Waikato River flowing continuously or intermittently from the Huka Falls to the mouth of the Waikato River shown as located within the areas marked A B
ii: all tributaries, streams, and watercourses flowing into the part of the Waikato River described in subparagraph (i), to the extent to which they are within the areas marked A B
iii: lakes and wetlands within the areas marked A B
iv: the beds and banks of the water bodies described in subparagraphs (i) to (iii):
c: in sections 35 to 38 40 42 45 47 56 to 64 66 69 72 80 93 Schedule 7
i: the body of water known as the Waikato River flowing continuously or intermittently from Karapiro to the mouth of the Waikato River shown as located within the area marked A
ii: all tributaries, streams, and watercourses flowing into the part of the Waikato River described in subparagraph (i), to the extent to which they are within the area marked A
iii: lakes and wetlands within the area marked A
iv: the beds and banks of the water bodies described in subparagraphs (i) to (iii) Waikato River Authority section 22 Waikato River Clean-up Trust section 32(2) Waikato-Tainui
a: in sections 4 6 8 84 88 to 90 Schedule 2 section 7
b: in sections 35 93 Schedule 7 Waikato-Tainui objectives for the Waikato River
a: means the objectives set out in the 2009 deed; and
b: if the objectives have been amended, means the objectives in their most recently amended form. Section 6(3) business day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 6(3) business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 6(3) department amended 7 August 2020 section 135 Public Service Act 2020 Section 6(3) mixed ownership model company inserted 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012
7: Act binds the Crown
This Act binds the Crown.
2: Settlement redress through legislation
Statement of significance of Waikato River to Waikato-Tainui
8: Statement
1: The Crown recognises the statement of significance of the Waikato River to Waikato-Tainui as stated in this section.
2: He tuupuna noo ngaa iwi o Waikato-Tainui Te Awa o Waikato. E mau ana te mana te mauri me te kaha o te Iwi. He mauri tu tahi e kore e wehea. Ka rere mai oona wai i Te Taheke hukahuka puta atu ki te Puuaha o Waikato. Ka hono haere ai ngaa wai o Te Awa o Waikato i ngaa parenga, i ngaa whaiawa, i nga momo takawai o raro, i ngaa rerenga, i ngaa waikeri, i ngaa wehenga, i ngaa roto, i ngaa ika, i ngaa tupunga otaota, i ngaa maania, i ngaa repo, i ngaa motu, i ngaa puna, i ngaa arawai o te awa, i ngaa ararangi o te awa, i ngaa tuaapapa o te awa, tae noa ki oona tohu a wairua me toona mauri. Naa too maatou hononga ki te awa, naa too maatou manaaki i te awa te take ka tiaki i te mana o te awa, aa, ka riro maa maatou taua mana whakahaere i runga i ngaa tikanga tuku iho mo te awa. No reira, naa too maatou hononga ki te awa hei kaitiaki te puutake o too maatou oranga a wairua, oranga a tinana, a, tae noa ki oo maatou tikanga a iwi katoa.
3: The Waikato River is our tupuna (ancestor) which has mana (spiritual authority and power) and in turn represents the mana and mauri (life force) of Waikato-Tainui. The Waikato River is a single indivisible being that flows from Te Taheke Hukahuka to Te Puuaha o Waikato (the mouth) and includes its waters, banks and beds (and all minerals under them) and its streams, waterways, tributaries, lakes, aquatic fisheries, vegetation, flood plains, wetlands, islands, springs, water column, airspace, and substratum as well as its metaphysical being. Our relationship with the Waikato River, and our respect for it, gives rise to our responsibilities to protect te mana o te Awa and to exercise our mana whakahaere in accordance with long established tikanga to ensure the wellbeing of the river. Our relationship with the river and our respect for it lies at the heart of our spiritual and physical wellbeing, and our tribal identity and culture. Recognition of vision and strategy for Waikato River Te Ture Whaimana
9: Scope of vision and strategy
1: The Waikato River and its contribution to New Zealand's cultural, social, environmental, and economic wellbeing are of national importance.
2: The vision and strategy applies to the Waikato River and activities within its catchment affecting the Waikato River.
3: The vision and strategy is Te Ture Whaimana o Te Awa o Waikato. Status
10: Relationship of sections 11 to 15 with Resource Management Act 1991
1: Sections 11 to 15 Resource Management Act 1991
2: Sections 11 to 15 sections 59 to 77
11: Vision and strategy is part of Waikato Regional Policy Statement
1: On and from the commencement date, the vision and strategy in its entirety is deemed to be part of the Waikato Regional Policy Statement without the use of the process in Schedule 1
2: As soon as reasonably practicable after the commencement date, the Council must—
a: insert the vision and strategy into the policy statement without using the process in Schedule 1
b: make consequential amendments to records and publications to reflect paragraph (a).
3: On and from the commencement date, the Council must ensure that the policy statement does not remain inconsistent with the vision and strategy for any longer than is necessary to amend the policy statement to make it consistent with the vision and strategy.
4: The vision and strategy prevails over the policy statement during any period of inconsistency described in subsection (3).
12: Effect of vision and strategy on Resource Management Act 1991 planning documents
1: The vision and strategy prevails over any inconsistent provision in—
a: a national policy statement issued under section 52
b: a New Zealand coastal policy statement issued under section 57 ; and
c: a national planning standard published under section 58F section 58C(1)﻿(b)
2: The Council must not review or amend under section 79
3: A local authority must not amend under section 55 section 55(1)
4: A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a national environmental standard made under section 43
5: A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a water conservation order made under section 214 Section 12(1)﻿(b) amended 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 12(1)﻿(c) inserted 19 April 2017 section 123 Resource Legislation Amendment Act 2017
13: Updating Resource Management Act 1991 planning documents to conform with reviewed vision and strategy
1: The Council must follow the process in subsection (3), and every local authority must follow the process in subsection (4), after every vision and strategy review.
2: The local authority must begin the process—
a: no later than 6 months after the completion of the review under section 18
b: no later than 12 months after the completion of each review under section 19
3: The Council must—
a: review the Waikato Regional Policy Statement to see whether it is consistent with the vision and strategy; and
b: if the policy statement is inconsistent with the vision and strategy, initiate an amendment to it to make it consistent, using the process in Schedule 1
3A: A local authority must not amend under section 58I section 58C(1)﻿(b)
4: Every local authority must—
a: review its regional or district plan to see whether it gives effect to the vision and strategy; and
b: if the regional or district plan does not give effect to the vision and strategy, initiate an amendment to it to ensure that it does so, using the process in Schedule 1
5: Subsection (6) applies if a joint management agreement between a local authority and the Trust is not in force when the local authority begins the process under subsection (3) or (4).
6: The local authority must,—
a: as soon as practicable after the commencement of a review under subsection (3)﻿(a) or (4)﻿(a), convene a joint working party under section 46(2)﻿(a)
b: decide jointly with the Trust on the final recommendation on whether to make an amendment to a Resource Management Act 1991 section 46(2)﻿(b)
c: decide jointly with the Trust on the final recommendation on the content of a Resource Management Act 1991 clause 5 section 46(2)﻿(c)
d: discuss with the Trust the potential for the Trust to participate in the decisions on a Resource Management Act 1991 clause 10 section 46(2)﻿(d) Section 13(3A) inserted 19 April 2017 section 123 Resource Legislation Amendment Act 2017
14: Effect of vision and strategy on resource consent conditions and designations
1: This section applies as follows:
a: it applies after a local authority has made the amendments required by section 13
b: it does not require a local authority or a requiring authority to act.
2: The local authority may begin a review under section 128
3: A requiring authority may give notice under section 181
15: Statement about vision and strategy in Conservation Act 1987 documents and Resource Management Act 1991 planning documents
1: This section applies to a person who prepares or changes any of the following documents:
a: a conservation management strategy or conservation management plan under the—
i: Conservation Act 1987
ii: National Parks Act 1980
iii: Reserves Act 1977
iv: Wild Animal Control Act 1977
v: Wildlife Act 1953
b: a freshwater fisheries management plan approved under the Conservation Act 1987
c: a sports fish management plan approved under the Conservation Act 1987
d: a Resource Management Act 1991 sections 9 to 14
2: The person must—
a: make an explicit statement in the document on how the vision and strategy has been given effect to; and
b: provide a copy of the statement to the Authority no later than 20 business days after the document has been completed.
16: Status of vision and strategy for other enactments
1: Subsections (2) to (6) have effect to the extent to which the content of the vision and strategy relates to the carrying out of functions or the exercise of powers for the Waikato River and activities in its catchment that affect the Waikato River under the Acts referred to in subsections (2) to (6).
2: For the purposes of the Conservation Act 1987 section 17B
3: For the purposes of the National Parks Act 1980 section 44
4: For the purposes of the Reserves Act 1977 section 15A
5: For the purposes of the Wild Animal Control Act 1977 section 5(1)﻿(ca)
6: For the purposes of the Wildlife Act 1953 section 14C
7: A conservation management strategy or a conservation management plan made under an Act referred to in any of subsections (2) to (6) must not derogate from a statement of general policy created by any of subsections (2) to (6) for any longer than is necessary to amend the strategy or plan to make it consistent with the vision and strategy.
8: The process for reviewing and, if necessary, amending the strategy or plan must begin—
a: no later than 6 months after the completion of the review under section 18
b: no later than 12 months after the completion of each review under section 19
9: The vision and strategy prevails over the strategy or plan during any period of inconsistency described in subsection (7).
10: A freshwater fisheries management plan approved under section 17K section 17M
11: Subsections (7) to (10) apply to a freshwater fisheries management plan approved under section 17K section 17M
12: To the extent to which it affects the Waikato River, a national energy efficiency and conservation strategy prepared and published under section 18
13: To the extent to which it affects the Waikato River, a management plan for a foreshore and seabed reserve prepared under section 44
14:
15: The vision and strategy prevails over any inconsistent provision in a bylaw made by a local authority, if it is more stringent than the bylaw. Section 16(14) repealed 13 June 2013 section 72 Land Transport Management Amendment Act 2013
17: Duty to have particular regard to vision and strategy
1: Subsections (3) and (5) have effect to the extent to which the content of the vision and strategy relates to the carrying out of functions or the exercise of powers under the Acts referred to in subsections (4) and (7).
2: Subsection (3) applies to a person carrying out functions or exercising powers under an enactment specified in subsection (4) if the functions or powers—
a: relate to—
i: the Waikato River; or
ii: activities in the catchment that affect the Waikato River; and
b: are not covered by sections 11 to 16
3: The person must have particular regard to the vision and strategy in addition to any requirement specified in the enactment for the carrying out of the functions or the exercise of the powers.
4: The enactments are the—
a: Conservation Act 1987
b: National Parks Act 1980
c: Reserves Act 1977
d: Resource Management Act 1991
e: Wild Animal Control Act 1977
f: Wildlife Act 1953
5: Subsection (6) applies to a person carrying out functions or exercising powers under an enactment specified in subsection (7) if the functions or powers relate to—
a: the Waikato River; or
b: activities in the catchment that affect the Waikato River.
6: The person must have particular regard to the vision and strategy in addition to any requirement specified in the enactment for the carrying out of the functions or the exercise of the powers.
7: The enactments are the—
a: Biosecurity Act 1993
b: Fisheries Act 1996
c: Forests Act 1949
d: Health Act 1956
e: Heritage New Zealand Pouhere Taonga Act 2014
f: Land Drainage Act 1908
g: Local Government Act 1974
h: Local Government Act 2002
i: Native Plants Protection Act 1934
j: New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
k: Queen Elizabeth the Second National Trust Act 1977
l: River Boards Act 1908
m: Soil Conservation and Rivers Control Act 1941
n: Walking Access Act 2008 Section 17(7)﻿(e) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Reviews
18: Initial review
Within 3 months of the settlement date, the Authority must begin a review of the vision and strategy—
a: for the purpose of considering whether targets and methods should be developed for inclusion in the vision and strategy; and
b: if it wishes, for the purpose of considering whether the vision and strategy should be amended in any other way.
19: Subsequent reviews
After the review described in section 18
20: Purpose and conduct of reviews
1: The Authority's purpose in reviewing the vision and strategy is to determine whether the Authority should recommend to the Crown, the Trust, and the other appointers that the vision and strategy be amended.
2: When reviewing the vision and strategy, the Authority—
a: must take the following into account, to the extent to which they are consistent with the overarching purpose of the settlement:
i: the Waikato-Tainui environmental plan:
ii: other iwi environmental plans to the extent to which they relate to the Waikato River:
iii: the Waikato-Tainui objectives for the Waikato River:
iv: other iwi objectives for the Waikato River:
v: the report of the scoping study; and
b: may take into account any other documents that the Authority considers relevant to the health and wellbeing of the Waikato River.
3: When reviewing the vision and strategy, the Authority must follow the process in Schedule 4
4: The Authority—
a: may recommend that the vision and strategy include—
i: targets to achieve the vision and strategy; and
ii: methods to implement the vision and strategy; and
b: may recommend other amendments to the vision and strategy.
5: The Authority may make only those recommendations for amendments to the vision and strategy that are consistent with the overarching purpose of the settlement. Amendments
21: Amendments made by Order in Council
1: The Governor-General may amend the vision and strategy by amending Schedule 2
2: The Governor-General may make an Order in Council under subsection (1) only on the advice of the Minister given under subsection (3).
3: The Minister must advise the Governor-General to make an Order in Council to amend the vision and strategy if—
a: the Crown, the Trust, and the other appointers each receive a written or electronic recommendation from the Authority under section 20
b: the recommendation sets out the amended vision and strategy in full and identifies the amendments; and
c: the recommendation complies with section 20(5)
d: the Crown, the Trust, and the other appointers agree in writing or electronically with one another to accept the recommendation.
4: An Order in Council made under this section must specify the date on which the amendments to the vision and strategy take effect.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 21(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Establishment of, and granting of functions and powers to, Waikato River Authority
22: Establishment and purpose of Authority
1: This Act establishes a statutory body called the Waikato River Authority.
2: The purpose of the Authority is to—
a: set the primary direction through the vision and strategy to achieve the restoration and protection of the health and wellbeing of the Waikato River for future generations:
b: promote an integrated, holistic, and co-ordinated approach to the implementation of the vision and strategy and the management of the Waikato River:
c: fund rehabilitation initiatives for the Waikato River in its role as trustee for the Waikato River Clean-up Trust.
3: The duty of the members of the Authority is to act to achieve the purpose of the Authority. General functions and powers
23: General functions
1: The principal function of the Authority is to achieve its purpose.
2: The other functions of the Authority are to—
a: engage with and provide advice to local authorities on amending Resource Management Act 1991
b: engage with and provide advice to the range of agencies with responsibilities relating to the Waikato River, including, without limitation, local authorities and biosecurity, conservation, and fisheries agencies, to achieve an integrated, holistic, and co-ordinated approach to the implementation of the vision and strategy and the management of the Waikato River:
c: engage with and provide advice to the Environmental Protection Authority:
d: act as trustee for the Waikato River Clean-up Trust and, in that capacity, administer the contestable clean-up fund for the Waikato River:
e: monitor—
i: the carrying out, effectiveness, and achievement of the principal function of the Authority:
ii: the implementation, effectiveness, and achievement of the vision and strategy, including any targets and methods:
iii: the implementation, effectiveness, and achievement of clean-up initiatives funded by the Waikato River Clean-up Trust:
f: report at least every 5 years to the Crown, Waikato-Tainui, and the other appointers on the results of the monitoring carried out under paragraph (e):
g: periodically review the vision and strategy and, at the Authority's discretion, recommend amendments to it to the Crown, Waikato-Tainui, and the other appointers:
h: request call-ins under the Resource Management Act 1991:
i: establish and maintain the register:
j: appoint commissioners to sit on hearings committees or boards of inquiry when required to do so under section 28 29
24: General powers
1: The Authority has full capacity, and the full rights, powers, and privileges entailed by that capacity, to do any act or activity or enter any transaction, subject to the following:
a: the Authority has the capacity, rights, powers, and privileges for the purpose only of carrying out its functions; and
b: the Authority's capacity, rights, powers, and privileges are subject to this Act, other enactments, and the common law.
2: The Authority may prescribe a fee for the purposes of clause 16(3) Resource consent functions
25: Accredited commissioners
The Authority must establish and maintain a register of persons who—
a: are Resource Management Act 1991
b: have been appointed for inclusion on the register by—
i: Waikato-Tainui; or
ii: iwi who appoint members of the Authority.
26: Sections 27 to 31 apply to applications for resource consents relating to Waikato River
Sections 27 to 31
a: to take, use, dam, or divert water in the Waikato River:
b: to be allowed to make a point source discharge to the Waikato River:
c: to do any activity listed in section 13
27: Notice of applications
1: The Council must give written or electronic notice to the Authority and the Trust of the receipt of an application.
2: The Council must give the notice no later than 5 business days after receiving the application.
28: Hearing committees
1: This section applies if the Council holds a hearing under the Resource Management Act 1991
2: The committee to hear and make a decision on the application must consist of—
a: a number of members appointed by the Council who are Resource Management Act 1991
b: the same number of members appointed by the Authority who must be persons whose names are recorded in the register; and
c: an independent chairperson jointly appointed by the Authority and the Council, who must be a Resource Management Act 1991
3: The Authority and the Council must discuss the persons to be appointed to the hearing committee with a view to ensuring that the committee contains members with an appropriate mix of skills, expertise, and experience.
29: Call-ins
1: This section applies if an application is called in and referred to a board of inquiry under Part 6AA
2: As soon as practicable, the Environmental Protection Authority must serve notice on the Authority of the decision to call in the application.
3: As soon as practicable, the Minister must request from the Authority the names of persons for appointment to the board, seeking the name of 1 person if the board is to have 3 appointees and the names of 2 persons if the board is to have 5 appointees.
4: Within 10 business days of receiving the request, the Authority must give the Minister the number of names sought by the Minister, taking the names from the register.
5: The board must consist of—
a: the persons named under subsection (4); and
b: the same number of other persons; and
c: a chairperson appointed under section 149J(3)﻿(b)
6: The Authority and the Minister must discuss the persons to be appointed to the board with a view to ensuring that the board contains members with an appropriate mix of skills, expertise, and experience.
7: Persons appointed under subsection (5) must be treated in the same manner as persons appointed under section 149J
30: Section 100A of Resource Management Act 1991
1: This section applies if the Council receives a request under section 100A
2: The Council must delegate the hearing duties, functions, and powers only of the persons it must appoint under section 28(2)﻿(a) section 28(2)﻿(b)
3: The Council must ensure that the number of commissioners delegated to hear the application is equal to the number of members appointed under section 28(2)﻿(b)
4: The commissioners delegated to hear the application are—
a: the commissioners to whom the Council delegates hearing duties, functions, and powers under subsection (2), who are appointed under section 100A
b: the persons whom the Authority appoints under section 28(2)﻿(b) section 100A
c: the independent chairperson appointed under section 28(2)﻿(c) section 100A
31: Section 147(1)﻿(c) of Resource Management Act 1991
Section 28 section 145 section 147(1)﻿(c) Waikato River Clean-up Trust function
32: Trustee
1: The Authority is the trustee of the Waikato River Clean-up Trust.
2: The Waikato River Clean-up Trust is established on the settlement date.
3: The object of the trust is the restoration and protection of the health and wellbeing of the Waikato River for future generations.
4: The terms of the trust are set out in Schedule 5
5: The trustee of the trust is deemed to satisfy the requirements of section CW 41(5)﻿(a) Administrative provisions
33: Presentation of annual reports
The Minister must present to Parliament each annual report the Minister receives from the Authority within 1 month of receiving the report.
34: Other provisions on Authority
Schedule 6 Co-management arrangements Integrated river management plan for Waikato River
35: Meaning of integrated river management plan
1: An integrated river management plan is a plan that—
a: has the purpose described in subsection (2); and
b: contains all or some of the components described in subsection (3).
2: The purpose is to achieve an integrated approach between Waikato-Tainui, relevant departments, relevant local authorities, and appropriate agencies to the management of aquatic life, habitats, and natural resources within the Waikato River consistent with the overarching purpose of the settlement.
3: The components are—
a: a conservation component, which is a component on issues related to conservation management under the conservation legislation:
b: a fisheries component, which is a component on issues related to fisheries management under the Fisheries Act 1996
c: a regional council component, which is a component on issues related to the resource management, biosecurity, and local government functions of the Council under the Resource Management Act 1991 Biosecurity Act 1993 Local Government Act 2002
d: any other component agreed between the Trust and any appropriate agency, including a local authority, responsible for—
i: administering enactments that affect the Waikato River and activities in its catchment that affect the Waikato River; or
ii: carrying out functions or exercising powers under enactments that affect the Waikato River.
36: Preparation and approval of plan
1: An integrated river management plan must be prepared together by the Trust, relevant departments, relevant local authorities, and appropriate agencies,—
a: following the process in Schedule 7
b: acting in a co-operative and co-ordinated manner.
2: A component becomes a component of the plan when it is approved as follows:
a: the conservation component must be approved jointly by the Trust and the Minister of Conservation:
b: the fisheries component must be approved jointly by the Trust and the Minister of Fisheries:
c: the regional council component must be approved jointly by the Trust and the Council:
d: any other component must be approved jointly by the Trust and the agency that agreed on it.
3: If a component cannot be approved under subsection (2) because the Trust and a relevant department or relevant local authority or appropriate agency have not been able to reach agreement on it, each component on which agreement has been reached may be approved under subsection (2).
4: Within 3 years of the settlement date, an integrated river management plan for the Waikato River and its catchment must exist containing the components that have been approved under subsection (2).
37: Effect of components
1: This section states the effects of the components of the integrated river management plan for the Waikato River.
2: The conservation component is, for the purposes of the Conservation Act 1987
a: a conservation management plan under section 17E
b: a freshwater fisheries management plan under section 17J
3: The fisheries component is a fisheries plan under section 11A
4: The regional council component means that a relevant local authority that is preparing, reviewing, or changing a Resource Management Act 1991
5: The other component has the effect agreed between the Trust and the appropriate agency.
38: Review and amendment of plan
The integrated river management plan for the Waikato River may be reviewed and amended—
a: as a combined initiative of the Trust and the relevant department, relevant local authority, or appropriate agency; and
b: wholly or as to an individual component; and
c: from time to time; and
d: following the process in Schedule 7 Waikato-Tainui environmental plan
39: Preparation and availability
1: The Trust may prepare a Waikato-Tainui environmental plan.
2: If the Trust decides to prepare a plan, the plan—
a: must be prepared by the Trust in consultation with Waikato-Tainui marae:
b: must be served on the Director-General of Conservation, the chief executive of the Ministry of Fisheries, relevant local authorities, and any other relevant agency:
c: must be available to the public for inspection at the offices of the Trust, the relevant local authorities, and any other relevant agency:
d: may be reviewed and amended from time to time by the Trust.
40: Effect
1: A local authority served under section 39(2)﻿(b) Resource Management Act 1991
2: A consent authority considering an application for a resource consent under section 104
3: A person carrying out functions or exercising powers under sections 12 to 14
4: A person carrying out functions or exercising powers under the conservation legislation in relation to the Waikato River and its catchment must have particular regard to the Waikato-Tainui environmental plan to the extent to which its contents relate to the functions or powers. Joint management agreements
41: Duty to make
1: A joint management agreement must be in force between each local authority and the Trust no later than—
a: 18 months after the settlement date; or
b: a later date that they agree on electronically or in writing.
2: Each joint management agreement must be generally in the form set out in Part 5 of the schedule of the 2009 deed.
42: Scope
A joint management agreement—
a: must include only matters relating to the Waikato River and activities within its catchment affecting the Waikato River; and
b: must cover the matters referred to in section 43
c: may cover additional matters agreed under section 52
d: must include the matters described in section 62
43: Contents
A joint management agreement must provide for the local authority and the Trust to work together in carrying out the following duties and functions, and exercising the following powers, in the Resource Management Act 1991
a: monitoring and enforcement, under section 45
b: preparation, review, change, or variation of a Resource Management Act 1991 section 46
c: duties, functions, or powers under Part 6 section 47
44: Principles for development and operation
In working together to develop the joint management agreement, and in working together under the joint management agreement, the local authority and the Trust must act in a manner consistent with the following guiding principles:
a: they must promote the overarching purpose of the settlement to restore and protect the health and wellbeing of the Waikato River for future generations:
b: they must respect the mana whakahaere rights and responsibilities of Waikato-Tainui:
c: they must promote the principle of co-management:
d: they must reflect a shared commitment to—
i: working together in good faith and a spirit of co-operation:
ii: being open, honest, and transparent in their communications:
iii: using their best endeavours to ensure that the purpose of the joint management agreement is achieved in an enduring manner:
e: they must recognise that the joint management agreement operates within statutory frameworks and that complying with those statutory frameworks, meeting statutory timeframes, and minimising delays and costs are important.
45: Monitoring and enforcement
1: This section applies to monitoring and enforcement relating to the Waikato River and activities within its catchment affecting the Waikato River.
2: The part of the joint management agreement on monitoring and enforcement must provide for the local authority and the Trust to—
a: meet no less than twice each year to—
i: discuss and agree the priorities for the monitoring of those matters set out in section 35(2)﻿(a) to (e)
ii: discuss and agree the methods for and extent of the monitoring of those matters set out in section 35(2)﻿(a) to (e)
iii: discuss the potential for Waikato-Tainui to participate in the monitoring of those matters set out in section 35(2)﻿(a) to (e)
b: meet no less than twice each year to discuss appropriate responses to address the outcomes of the monitoring of those matters set out in section 35(2)﻿(a) to (e)
i: the potential for review of Resource Management Act 1991
ii: enforcement under the Resource Management Act 1991
c: agree appropriate procedures for reporting back to the Trust on the enforcement action taken by the local authority:
d: discuss and agree the role of the Trust in the 5-yearly review provided for in section 35(2A)
e: discuss the potential for persons nominated by the Trust to participate in enforcement action under the Resource Management Act 1991
3: The local authority and the Trust each bears its own costs of complying with this section.
4: Schedule 7
46: Preparation, review, change, or variation of Resource Management Act 1991 planning document
1: This section applies to preparing, reviewing, changing, or varying a Resource Management Act 1991
2: The part of the joint management agreement on preparing, reviewing, changing, or varying a Resource Management Act 1991
a: that, before the preparation, review, change, or variation commences, the local authority and the Trust must convene a joint working party to discuss and recommend to the local authority—
i: the process to be adopted for the preparation, review, change, or variation; and
ii: the general form and content of any document to be drafted for the purposes of consultation or notification under clause 5
b: that the local authority and the Trust must decide jointly on the final recommendation to the local authority on whether to commence a review of, and whether to make an amendment to, a Resource Management Act 1991
c: that the local authority and the Trust must decide jointly on the final recommendation to a local authority on the content of a Resource Management Act 1991 clause 5
d: that the local authority and the Trust must discuss the potential for the Trust to participate in making decisions on a Resource Management Act 1991 clause 10
3: The part of the joint management agreement on preparing, reviewing, changing, or varying a Resource Management Act 1991 Part 2
4: The local authority and the Trust each bears its own costs of complying with this section.
5: Schedule 7
47: Resource consent process
1: This section applies to—
a: applications to the Council for resource consent to—
i: dam, divert, take, or use water from or in the Waikato River:
ii: discharge a contaminant or water into the Waikato River:
iii: discharge a contaminant onto or into land in circumstances that will result in the contaminant entering the Waikato River:
iv: discharge a contaminant onto or into land in circumstances that will result in another contaminant emanating as a result of natural processes from the former contaminant entering the Waikato River:
v: alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over the bed or banks of the Waikato River:
vi: drill, excavate, tunnel, or otherwise disturb the bed or banks of the Waikato River:
vii: deposit a substance in, on, or under the bed or banks of the Waikato River:
viii: reclaim or drain the bed of the Waikato River:
ix: enter onto or pass across the bed of the Waikato River:
x: introduce or plant a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River:
xi: damage, destroy, disturb, or remove a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River:
xii: damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River:
xiii: damage, destroy, disturb, or remove the habitats of animals or aquatic life in, on, or under the bed or banks of the Waikato River:
xiv: dump waste or other matter from a ship or aircraft in the part of the Waikato River within the coastal marine area:
xv: dump a ship or aircraft in the part of the Waikato River within the coastal marine area:
xvi: occupy any land that forms part of the Waikato River within the coastal marine area:
xvii: remove sand, shingle, shell, or other natural material from the bed or banks of the part of the Waikato River within the coastal marine area:
xviii: occupy any part of the Waikato River within the coastal marine area for the purpose of an aquaculture activity:
xix: use, or do activities on, the surface of the water in the part of the Waikato River within the coastal marine area:
b: applications to a territorial authority for resource consent for the use of or activities on the surface of the water in the Waikato River.
2: The part of the joint management agreement on the resource consent process must provide that—
a: each local authority must provide the Trust with information on the applications for resource consents the local authority receives:
b: the information must be—
i: the same as would be given to affected persons through limited notification under section 95B of the Resource Management Act 1991; or
ii: the information that the local authority and the Trust agree on:
c: the information must be provided as soon as reasonably practicable after the application is received and before a determination is made under sections 95A to 95C
d: the local authority and the Trust must jointly develop and agree criteria to assist local authority decision-making under the following processes or sections of the Resource Management Act 1991
i: best practice for pre-application processes:
ii: section 87E
iii: section 88(3)
iv: section 91
v: section 92
vi: sections 95 to 95F
vii: sections 127 128
3: The criteria developed and agreed under subsection (2)﻿(d)—
a: are additional to, and must not derogate from, the criteria that the local authority must apply under the Resource Management Act 1991
b: do not impose a requirement on a consent authority to change, cancel, or review consent conditions.
4: The local authority and the Trust each bears its own costs of complying with this section.
5: Schedule 7
48: Process for finalising
1: Within 30 business days of the settlement date, each local authority and the Trust must convene a joint committee to begin the process for finalising the joint management agreement.
2: The local authority and the Trust must work together in a positive and constructive manner to finalise the joint management agreement within the timeframe, having particular regard to the principles set out in section 44
3: The local authority and the Trust may resort to any facilitation, mediation, or other process that they consider to be appropriate in the process of finalising the joint management agreement.
4: No later than 14 months after the settlement date, the local authority and the Trust must give written or electronic notice to the Minister—
a: confirming that all matters relating to the joint management agreement have been agreed; or
b: identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues; or
c: notifying an electronic or written agreement to extend the date by which a joint management agreement must be in force.
5: If notice is given under subsection (4)﻿(a), the notice must also specify the date on which the joint management agreement is to come into force.
6: If notice is given under subsection (4)﻿(b), the Minister and the Trust, in consultation with the local authority, must work together to resolve the issues.
7: The working together may continue for a period of no more than 2 months, unless the Minister and the Trust agree in writing or electronically on a longer period.
8: If, at the end of 2 months, all matters relating to the joint management agreement have been resolved, the local authority and the Trust must finalise the joint management agreement and give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force.
9: If, at the end of 2 months, an issue relating to the joint management agreement remains in dispute,—
a: the Minister must determine the issue; and
b: in making the determination, the Minister must have particular regard to the principles set out in section 44
10: When the local authority and the Trust have the Minister's determination, they must—
a: finalise the joint management agreement; and
b: give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force.
11: The Minister may appoint a facilitator or take any other action that the Minister considers appropriate to promote the resolution of any issues in dispute between the local authority and the Trust.
12: If notice is given under subsection (4)﻿(c), not less than 4 months before the extended date by which a joint management agreement must be in force, the local authority and the Trust must give written or electronic notice to the Minister—
a: confirming that—
i: all matters relating to the joint management agreement have been agreed; and
ii: the joint management agreement will be in force on the extended date; or
b: identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues.
13: If notice is given under subsection (12)﻿(b), the Minister and the Trust, in consultation with the local authority, must work together to resolve the issues and the provisions of subsections (7) to (11) apply with any necessary modification.
14: The local authority and the Trust may agree that a joint management agreement is to come into force in stages.
15: When the local authority and the Trust give notice to the Minister of the date on which the joint management agreement is to come into force, they must also give the Minister a copy of the agreement.
16: Schedule 7
49: Suspension
1: The local authority and the Trust may agree in writing or electronically to suspend, wholly or partly, the operation of the joint management agreement.
2: In reaching an agreement, the parties must specify the scope and duration of the suspension.
50: Waiver of rights
1: The Trust may give written or electronic notice to the local authority that it waives a right provided for in the joint management agreement.
2: The Trust must specify the extent and duration of the waiver in the notice.
3: The Trust may at any time revoke a notice of waiver by written or electronic notice to the local authority.
51: Legal framework
1: Sections 36B to 36E
2: The carrying out of a duty or function, or the exercise of a power, under a joint management agreement has the same legal effect as the carrying out of a duty or function, or the exercise of a power, by a local authority.
3: A local authority must not use the special consultative procedure under section 83
4: A joint management agreement is enforceable between the parties to it.
5: Neither party has the right to terminate a joint management agreement.
52: Extension
1: The local authority and the Trust may extend the joint management agreement to cover any other duties, functions, or powers they agree on.
2: If the local authority and the Trust agree to extend the joint management agreement to cover any other duties, functions, or powers, subsections (3) to (6) apply.
3: The extended part of the joint management agreement is subject to sections 49 to 51 53 to 55
4: The extended part of the joint management agreement may be terminated wholly or partly by one party giving the other party 20 business days' written or electronic notice.
5: Before either party exercises the right in subsection (4), the parties must work together to seek to resolve the issue giving rise to the wish to terminate, in a manner consistent with the principles set out in section 44
6: Termination under subsection (4) does not affect the remaining part of the joint management agreement.
53: Review and amendment
1: The local authority and the Trust may at any time agree in writing or electronically to undertake a review of the joint management agreement.
2: If, as a result of a review, the local authority and the Trust agree in writing or electronically that the joint management agreement should be amended, they may amend the joint management agreement without further formality.
3: If the joint management agreement is amended, the local authority and the Trust must—
a: give written or electronic notice of the amendment to the Minister; and
b: provide a copy of the amended joint management agreement to the Minister.
54: Other powers not affected
The provisions of this Act relating to joint management agreements do not preclude the local authority from—
a: making any other joint management agreement with the Trust under the Resource Management Act 1991
b: making any other co-management arrangement with the Trust under any enactment:
c: making a transfer or delegation to the Trust under any enactment.
55: Exercise of powers in certain circumstances
1: This section applies if—
a: a statutory function or power is affected by a joint management agreement; and
b: either—
i: an emergency situation arises; or
ii: a statutory timeframe for the carrying out of the function or the exercise of the power is not able to be complied with under the joint management agreement.
2: The local authority may carry out the function or exercise the power on its own account and not in accordance with the joint management agreement.
3: As soon as practicable, the local authority must give the Trust written or electronic notice of the carrying out of the function or the exercise of the power. Recognition of customary activities
56: Crown acknowledgement
1: The Crown acknowledges—
a: the importance to Waikato-Tainui of authorised customary activities and the use of traditional whitebait stands and eel weirs; and
b: the importance of authorised customary activities and the use of traditional whitebait stands and eel weirs as an integral part of the relationship of Waikato-Tainui with the Waikato River.
2: All persons carrying out functions and exercising powers under the Resource Management Act 1991
57: Authorised customary activities
1: Members of Waikato-Tainui may carry out authorised customary activities on the Waikato River.
2: Subsection (1) applies whether or not the Trust gives notice under section 58
3: Subsection (1) applies despite—
a: sections 9 to 17
b: a rule in a regional or district plan:
c: a navigation bylaw:
d: a requirement for a permit or authorisation under the Reserves Act 1977
e: a requirement for a permit or authorisation under any other enactment, with the following qualifications:
i: a requirement for a permit or authorisation in an enactment relating to health and safety must be observed, unless the enactment is described in any of paragraphs (a) to (d):
ii: a requirement for a permit or authorisation in an enactment about the safety of traditional whitebait stands or eel weirs must be observed.
4: A person complying with regulations described in section 93(2)
58: Management of authorised customary activities
1: On or before 30 June each year, the Trust must give the relevant local authorities and the administering bodies of relevant reserves written or electronic notice stating—
a: the authorised customary activities that are intended to occur in the 12-month period starting on 1 January of the following year; and
b: the likely dates and locations of those activities.
2: A relevant local authority or the administering body of a relevant reserve must follow the process in subsection (3) if it receives an application for a resource consent or permit or any other authorisation of an activity that—
a: would have the effect of preventing an authorised customary activity specified in the notice occurring at the location and on the date specified in the notice; or
b: would have a significant adverse effect on the carrying out of an authorised customary activity specified in the notice at the location and on the date specified in the notice.
3: The authority or body must—
a: assess the effects of the activity on the authorised customary activity; and
b: seek and have particular regard to the Trust's views before deciding what the effects are and whether any of them could have a significant adverse effect on the authorised customary activity; and
c: if the activity could have a significant adverse effect on the authorised customary activity, decide whether conditions could prevent the effect and what the conditions would be; and
d: give the Trust written or electronic notice of its decisions under paragraphs (b) and (c); and
e: if the activity could have a significant adverse effect on the authorised customary activity, give the Trust a date that is at least 7 business days after the date of the notice by which it must advise the authority or body whether or not it consents to the activity.
4: No less than 20 business days before the intended carrying out of an authorised customary activity, the Trust must give the relevant local authorities and the administering bodies of relevant reserves written or electronic notice of the precise dates on which and locations at which it is intended that the activity will be carried out.
5: No less than 10 business days before the intended carrying out of the authorised customary activity, the authorities and bodies must give public notice of the intended carrying out of the activity.
6: A member of Waikato-Tainui carrying out an authorised customary activity on a date and at a location specified in a notice given under subsection (5) is not liable to pay, for carrying out the activity, a coastal occupation charge provided for in a regional coastal plan or any other charge.
7: Subsection (8) applies to the following decisions:
a: the decision to determine who is allowed to carry out a particular authorised customary activity:
b: the decision to specify conditions on the carrying out of an authorised customary activity:
c: the decision to limit or suspend an authorised customary activity wholly or partly.
8: In relation to the decisions,—
a: the Trust has the right to make them:
b: the Trust must give the relevant local authorities and the administering bodies of relevant reserves written or electronic notice of them:
c: the relevant local authorities and the administering bodies of relevant reserves are not responsible for monitoring or enforcing compliance with them.
9: The relevant local authorities and the administering bodies of relevant reserves must give the Trust written or electronic notice of the grant of a resource consent or the issue of a permit or other authorisation for an activity at a location and date that coincides with the carrying out of an authorised customary activity of which the Trust has given notice under this section.
59: Statutory authorisation for certain structures
1: Members of Waikato-Tainui may continue—
a: to use, maintain, and alter their traditional whitebait stands and eel weirs that were in the Waikato River on 17 December 2009; and
b: to replace their traditional whitebait stands and eel weirs that were in the Waikato River on 17 December 2009 with other traditional whitebait stands and eel weirs in the Waikato River.
2: Subsection (1) applies despite—
a: sections 9 to 17
b: a rule in a regional or district plan.
60: Tangihanga and hari tuupaapaku
1: Members of Waikato-Tainui may continue to carry out on the Waikato River tribally significant tangihanga (funeral ceremonies) or hari tuupaapaku (transportation of human remains), including—
a: launching and using waka and support craft:
b: erecting and using associated temporary structures including barges and temporary jetties on the Waikato River at the place of departure and at Taupiri.
2: The activities specified in subsection (1) may be carried out if they are approved by the Trust, despite—
a: sections 9 to 17
b: a rule in a regional or district plan:
c: the requirement for a permit or authorisation under the Reserves Act 1977
d: a navigation bylaw:
e: a requirement for a permit or authorisation under any other enactment, with the following qualifications:
i: a requirement for a permit or authorisation in an enactment relating to health and safety must be observed, unless the enactment is described in any of paragraphs (a) to (d):
ii: a requirement for a permit or authorisation in an enactment about the safety of traditional whitebait stands or eel weirs must be observed.
3: A statutory authorisation granted by a local authority after the commencement of this section for use of the Waikato River is deemed to include a condition stating that, where the part of the Waikato River to which the statutory authorisation relates is required by Waikato-Tainui for the purpose of tribally significant tangihanga and hari tuupaapaku,—
a: the tangihanga or hari tuupaapaku takes precedence over the activity covered by the statutory authorisation; and
b: the local authority may suspend the statutory authorisation for a period of no more than 5 days if the activity covered by the statutory authorisation is likely to prevent or have a significant adverse effect on the carrying out of the tangihanga or hari tuupaapaku.
4: As soon as practicable after the Trust knows the precise date on which and location at which it is intended that an activity specified in subsection (1) will be carried out, the Trust must give the relevant local authorities and the administering bodies of relevant reserves written or electronic notice of the intended carrying out of the activity.
61: Process to deal with significant adverse effects on environment
1: This section applies if the Minister or the Trust is of the opinion that—
a: a significant adverse effect on the environment has arisen or is likely to arise from the carrying out of an authorised customary activity, or the use of traditional whitebait stands or eel weirs, on the Waikato River; or
b: a significant adverse effect on the environment has arisen or is likely to arise that affects the ability of members of Waikato-Tainui to carry out an authorised customary activity, or use traditional whitebait stands or eel weirs, on the Waikato River.
2: The Minister or the Trust may inform each other of his, her, or its opinion in a written or electronic notice.
3: If the Minister or the Trust does so, the Minister and the Trust must agree on a process for investigating and, if necessary, addressing the effect that gave rise to the opinion.
4: The Minister and the Trust may seek and obtain any information they consider relevant, including through commissioning reports, for the purpose of assessing the nature and extent of the effect.
5: The Minister and the Trust must work in a constructive and timely manner to seek to address the effect.
62: Joint management agreement must include processes relating to customary activities
1: The joint management agreement between a local authority and the Trust must include the processes described in this section.
2: There must be processes for the local authority—
a: to carry out the assessment required by section 58(3)﻿(a)
b: to seek the Trust's views under section 58(3)﻿(b)
c: to decide conditions under section 58(3)﻿(c)
3: There must be a process for the parties to explore—
a: whether other customary activities could be carried out by Waikato-Tainui on the Waikato River without the need for a statutory authorisation from the local authority; and
b: in particular, whether other customary activities could be provided for as permitted activities in relevant regional or district plans.
4: There must be a process to avoid the grant of a statutory authorisation by the Council to a person in relation to whitebait stands or eel weirs that gives rise to a significant adverse effect on the use of traditional whitebait stands or eel weirs by members of Waikato-Tainui.
5: There must be a process for the Council and the Trust to explore the potential for the Trust to carry out, wholly or partly, the functions of the harbourmaster in relation to the carrying out of authorised customary activities.
6: There must be a process	for the participation of the Trust in the development, review, and amendment of the navigation bylaws relating to the Waikato River.
7: There must be a process for the participation of the Trust in the development, review, and amendment of a management plan for a reserve under the Reserves Act 1977
8: There must be a process to discuss the carrying out by the local authority or the Trust of activities or initiatives directed to the restoration or enhancement of the Waikato River, including but not limited to riparian planting, pest control, and wetland restoration.
9: There must be a process for the development of appropriate protocols between the local authority and the Trust relating to the customary practice of placing raahui (restrictions) on a part of the Waikato River.
63: Waikato-Tainui flora cultural harvest plan
1: The Director-General of Conservation and the Trust must jointly prepare and agree on a flora cultural harvest plan for the cultural harvest of flora within conservation protected areas in the Waikato River and its catchment.
2: The Director-General and the Trust must begin the process of preparing and agreeing on the plan no later than 6 months after the settlement date.
3: The flora cultural harvest plan must—
a: identify sites for cultural harvest within conservation protected areas:
b: identify permitted methods for and quantities of cultural harvest within the areas:
c: identify monitoring requirements:
d: include any other matters relevant to the cultural harvest of flora as agreed between the Director-General and the Trust.
4: The flora cultural harvest plan must provide for a member of Waikato-Tainui authorised to do so by the Trust to harvest flora—
a: in accordance with the flora cultural harvest plan; and
b: without a permit or other authorisation under the Conservation Act 1987 Reserves Act 1977 Wildlife Act 1953
5: If the Director-General or the Trust identifies a conservation issue arising from or affecting the harvest of flora under the flora cultural harvest plan,—
a: the Director-General and the Trust must engage for the purpose of seeking to address the conservation issue:
b: the Director-General and the Trust must endeavour to develop solutions to address the conservation issue:
c: the solutions may include—
i: the Director-General considering restricting the granting of other authorisations for the taking of flora in accordance with the flora cultural harvest plan:
ii: the Director-General and the Trust agreeing to amend the flora cultural harvest plan.
6: If the Director-General is not satisfied that a conservation issue has been appropriately addressed following the completion of the process in subsection (5),—
a: the Director-General may give written or electronic notice to the Trust that identified aspects of the flora cultural harvest plan are suspended until a date specified in the notice; and
b: from the date, subsection (4) does not apply to the aspects of the flora cultural harvest plan that have been suspended.
7: If the Director-General takes action under subsection (6), the Director-General and the Trust must continue to engage and seek to resolve conservation issues so that the suspension can be revoked by the Director-General as soon as practicable.
8: The Director-General and the Trust must review the flora cultural harvest plan no more than 2 years from the plan coming into force and then at intervals of no longer than 2 years after the completion of the last review.
9: In this section,— conservation protected area
a: a conservation area under the Conservation Act 1987
b: a reserve administered by the Department of Conservation under the Reserves Act 1977
c: a wildlife management reserve, a wildlife refuge, or a wildlife sanctuary under the Wildlife Act 1953 cultural harvest flora Redress relating to certain assets Dispositions
64: Creating or disposing of interests
1: The Crown and Waikato-Tainui acknowledge that—
a: they have different concepts and views regarding relationships with the Waikato River (which the Crown would seek to describe as including ownership
b: the 2009 deed and this Act are not intended to resolve those differences:
c: the 2009 deed and this Act are primarily concerned with management of the Waikato River to—
i: achieve the overarching purpose of the settlement:
ii: recognise the special relationship of Waikato-Tainui with the Waikato River.
2: This section applies if the Crown, a Crown entity, a state enterprise, or a mixed ownership model company
a: creating it:
b: disposing of it:
c: starting a statutory or other process to create it:
d: starting a statutory or other process to dispose of it.
3: The Crown, Crown entity, state enterprise, or mixed ownership model company
4: In subsection (2), dispose of or create a property right or interest
a: in relation to a Crown entity or state enterprise, includes only activities—
i: that relate to an asset held by that entity or enterprise; and
ii: the nature of which is such that the entity or enterprise would either in the ordinary course, or as a result of a statutory requirement or under a statement of intent or otherwise, consult with the responsible Minister or the shareholding Ministers, as the case may be; and
aa: in relation to a mixed ownership model company, includes only activities that relate to an asset held by that company; and
b: does not include—
i: any decision in relation to which consideration is required to be given to the vision and strategy under section 17
ii: any decision relating to a permit under the Crown Minerals Act 1991 Section 64(2) amended 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 64(3) amended 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 64(4)﻿(aa) inserted 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Crown-owned river-related land
65: Definitions for sections 66 to 80
In sections 66 to 80 co-management agreement section 80 Crown-owned river-related land encumbrance
a: for a managed property, means a covenant, easement, lease, licence, licence to occupy, tenancy, or other lawful right affecting it existing at the date of vesting:
b: for a site of significance, means a covenant, easement, lease, licence, licence to occupy, tenancy, or other lawful right affecting it—
i: described in the list referred to in clause 12.7.1 of the 2009 deed; and
ii: existing at the date of the deed fee simple site Ministry for the Environment managed property reserve site Land Information New Zealand Department of Conservation site of significance
66: Sites of significance
1: On the settlement date, the fee simple estates in the sites of significance vest in the Trust.
2: Each site of significance vests in the Trust subject to, or together with, its encumbrances.
3: On the settlement date, the reserve sites are together declared a single reserve and classified as a local purpose reserve, the specific local purpose of which is—
a: to protect and preserve in perpetuity the intrinsic worth and cultural value to Waikato-Tainui of the Waikato River:
b: to preserve and enable public access to and along the river:
c: to contribute to the maintenance of the natural functioning of the Waikato River by protecting—
i: the habitats of the species that typify the lower Waikato River:
ii: associated archaeological and historic values:
d: to maintain the value of the reserve as a soil conservation and river control area.
4: The reserve is named the Waikato-Tainui Whenua Raahui Reserve.
5: The Trust is the administering body of the reserve.
6: Nothing in this section prevents a licence agreement existing at the commencement of this section allowing a person to occupy a site of significance managed for soil conservation and river control purposes from continuing until it expires in accordance with its terms.
67: Registration of ownership of fee simple sites
1: This section applies to the fee simple estates in the fee simple sites vested in the Trust under section 66
2: The Secretary for the Environment may give the Registrar-General written or electronic notice requiring the application of subsection (3) or (4).
3: If a fee simple site is all of the land contained in a computer freehold register, the Registrar-General must—
a: register the Trust as the proprietor of the fee simple estate in the land; and
b: make any entries in the register and do all other things necessary to give effect to section 66
4: If a fee simple site is not all of the land contained in a computer freehold register, or if there is no computer freehold register for all or part of the site, the Registrar-General must—
a: create 1 or more computer freehold registers for the fee simple estate in the site in the name of the Trust; and
b: enter on the register encumbrances that are registered, notified, or notifiable and described in the Secretary for the Environment's notice; and
c: make any entry in the register and do all other things necessary to give effect to section 66
5: Subsection (4) applies subject to the completion of a survey necessary to create the computer freehold register.
6: A computer freehold register must be created under this section—
a: as soon as reasonably practicable after the settlement date; and
b: no later than—
i: 24 months after the settlement date; or
ii: a later date agreed in writing or electronically by the Secretary for the Environment and the Trust.
68: Registration of ownership of reserve sites
1: This section applies to the fee simple estates in the reserve sites vested in the Trust under section 66
2: The chief executive of LINZ may give the Registrar-General written or electronic notice requiring the application of subsection (3).
3: The Registrar-General must—
a: create a computer freehold register for the fee simple estate in all the reserve sites in the name of the Trust; and
b: enter on the register any encumbrances that are registered, notified, or notifiable and described in the chief executive's notice; and
c: make any entry in the register and do all other things necessary to give effect to section 66
4: Subsection (3) applies subject to the completion of a survey necessary to create the computer freehold register.
5: A computer freehold register must be created under this section—
a: as soon as reasonably practicable after the settlement date; and
b: no later than—
i: 24 months after the settlement date; or
ii: a later date agreed in writing or electronically by the chief executive of LINZ and the Trust.
69: Pootatau Te Wherowhero
1: The Trust may give the Registrar-General a written or electronic direction that the sites of significance—
a: be registered in the name of Pootatau Te Wherowhero, rather than in the name of the Trust; or
b: be no longer registered in the name of Pootatau Te Wherowhero, and instead be registered in the name of the Trust.
2: This subsection applies if the Registrar-General receives a written or electronic direction that contains a recital that the direction is given under subsection (1)﻿(a) or (b), is executed or purports to be executed by the Trust, and relates to land registrable or registered in the name of the Trust or in the name of Pootatau Te Wherowhero. In the absence of evidence to the contrary, the direction is sufficient evidence that the direction has been given under subsection (1)﻿(a) or (b).
3: The Registrar-General must give effect to the direction, notwithstanding the Land Transfer Act 1952
4: If the sites of significance are registered in the name of Pootatau Te Wherowhero,—
a: the Trust has all the duties, powers, and rights of the registered proprietor of the land; and
b: the Trust carries out every such duty and exercises every such power or right in its own name and not in the name of Pootatau Te Wherowhero; and
c: the Registrar-General is bound by this arrangement.
70: Council's rights relating to soil conservation and river control
1: The co-management agreement between the Council and the Trust must provide for the exercise of the Council's rights described in subsections (2) and (3).
2: The Council may exercise the rights only for soil conservation and river control purposes.
3: The Council's rights are to—
a: enter on to the sites of significance with or without machinery for the purposes set out in paragraphs (b) to (j):
b: operate, and maintain, repair, replace, and upgrade, improvements on the sites of significance existing at the date of vesting under section 66
c: construct a water course or water courses on the sites of significance and alter or reconstruct and clean or otherwise maintain them:
d: construct a stopbank or stopbanks or other defence against water on the sites of significance and alter or reconstruct and do all things necessary to maintain them:
e: plant, sow, and maintain grasses, plants, trees, or shrubs on the sites of significance and regulate or prohibit interference with or destruction of them:
f: prevent or regulate the pumping or releasing of water into water courses on the sites of significance or the overflow of artesian water:
g: regulate the use of water courses on the sites of significance:
h: prohibit the passing over of water courses on the sites of significance:
i: prevent water courses on the sites of significance from being made wider or deeper than they are at the time, whether by cleaning them or altering their course or any other means:
j: generally, for soil conservation and river control purposes on, or in relation to, the sites of significance,—
i: do any act or thing; or
ii: require the doing of the act or thing; or
iii: prohibit the doing of the act or thing.
4: The Registrar-General must record on computer freehold registers created under section 67 68
5: The Council's rights run with and bind all subsequent owners of the sites of significance, despite any rule of law or equity to the contrary.
6: The Council's rights are terminated when both the following have occurred:
a: the Council gives the Registrar-General written or electronic notice that it no longer requires the rights; and
b: the Registrar-General removes the record made under subsection (4).
7: Until the co–management agreement comes into force, the Council may exercise a right if the exercise is required—
a: to deal with an emergency:
b: to do routine maintenance:
c: to do soil conservation and river control.
8: The Council must consult the Trust before acting under subsection (7)﻿(b) or (c).
9: In relation to subsection (7)﻿(c),—
a: the Council must have particular regard to the cultural significance of the land to Waikato-Tainui when deciding whether to propose to the trustees that it exercise the right:
b: the trustees must give consent if the exercise of the right is reasonably required for soil conservation and river control purposes but may impose conditions protecting the value of the land to Waikato-Tainui.
10: The Council is not liable to pay a charge to the Trust for the exercise of its rights under this section.
71: How various Acts affect sites of significance
1: In relation to the 1995 Act,—
a: sections 11 12
b: a notation made under section 13(3)
2: In relation to the Conservation Act 1987
a: a vesting under section 66 Part 4A
b: sections 24 24A 24AA
3: In relation to the Crown Minerals Act 1991 section 66
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: In relation to the Local Government Act 1974 section 348
5: In relation to the Reserves Act 1977, section 16(10) section 66(3)
6: In relation to the Resource Management Act 1991, section 11 Part 10
a: a vesting under section 66
b: a matter incidental to the vesting or required for the purpose of it.
7: In relation to Te Ture Whenua Maori Act 1993
72: How Conservation Act 1987 and Reserves Act 1977 affect reserve sites
1: The reservation of land as a reserve under section 66(3) Part 4A sections 24 24A 24AA
2: If the whole or part of the reservation of land as a reserve under section 66(3) section 24
a: section 25(2)
b: section 24 sections 24A 24AA
3: The Registrar-General must record the effect of subsections (1) and (2) on the computer freehold register for the reserve sites.
4: If the whole or part of the reservation of land as a reserve under section 66(3) section 24
5: Section 41
6: The Trust may authorise the taking or killing for commercial purposes of any fauna in the water of any part of the Waikato River within the reserve under section 50
7: The Trust must not mortgage, or give a security interest in, any part of the reserve created by section 66(3) Reserves Act 1977
73: How fisheries enactments affect reserve sites
1: Subsection (2) applies to—
a: a person who, at the settlement date,—
i: holds a fishing permit under section 91
ii: had taken fish in the reserve site under the permit:
b: a person who, at the settlement date, holds quota for quota management stock for which the quota management area includes a reserve site:
c: a person who, at the settlement date, holds a current annual catch entitlement for quota management stock for which the quota management area includes a reserve site.
2: The person is entitled to access and use the reserve sites for the purpose for which the person holds the permit, quota, or catch entitlement, without requiring further permission from, or being liable for a charge by, the Trust.
3: The access and use right of a person described in subsection (1)﻿(b) or (c) may be exercised by—
a: the owner of the quota to which the annual catch entitlement relates; or
b: an agent of the owner of the quota to which the annual catch entitlement relates; or
c: a purchaser of the annual catch entitlement; or
d: an agent of a purchaser of the annual catch entitlement.
4: A fishing permit issued after the settlement date under section 91
a: is a person who, at the settlement date,—
i: held a fishing permit under section 91
ii: had taken fish in the reserve site under the permit; or
b: is a person who—
i: holds quota for quota management stock for which the quota management area includes a reserve site; and
ii: held the quota at the settlement date; or
c: is a person who—
i: holds a current annual catch entitlement for quota management stock for which the quota management area includes a reserve site; and
ii: held the catch entitlement at the settlement date; or
d: both—
i: is the owner of the quota to which the annual catch entitlement relates; and
ii: was the owner of the quota at the settlement date; or
e: is an agent of the owner, at the settlement date, of the quota to which the annual catch entitlement relates; or
f: is a purchaser from the owner, at the settlement date, of the annual catch entitlement; or
g: is an agent of a purchaser from the owner, at the settlement date, of the annual catch entitlement; or
h: has an authorisation issued under section 50(1)
5: Access and use rights under this section may be exercised—
a: only for as long as, and to the extent to which, the taking of fish in the reserve site otherwise remains lawful; and
b: so far as relevant, only in a manner consistent with—
i: an integrated river management plan developed and approved under this Act:
ii: regulations made under section 93(3) or (4)
6: The access and use right under this section of an owner of an annual catch entitlement is transferable, but no other access and use rights under this section are transferable.
7: Terms used in this section that are defined in the Fisheries Act 1996
74: Managed properties
1: On the settlement date, the fee simple estates in the managed properties vest in the Trust.
2: The fee simple estates in the managed properties then immediately vest in the Council.
3: The vesting under subsection (2) is a gift by Waikato-Tainui to the Council.
4: Each managed property vests under this section subject to, or together with, its encumbrances.
75: Registration of ownership of managed properties
1: This section applies to the fee simple estates in the managed properties vested under section 74
2: The Secretary for the Environment may give the Registrar-General written or electronic notice requiring the application of subsection (3) or (4).
3: If a managed property is all of the land contained in a computer freehold register, the Registrar-General—
a: must—
i: register the Trust as the proprietor of the fee simple estate in the land; and
ii: then immediately register the Council as the proprietor of the fee simple estate in the land; and
b: must make any entries in the register and do all other things necessary to give effect to section 74
4: If a managed property is not all of the land contained in a computer freehold register, or if there is no computer freehold register for all or part of the property, the Registrar-General—
a: must—
i: create 1 or more computer freehold registers for the fee simple estate in the property in the name of the Trust; and
ii: then register the Council as the registered proprietor of the fee simple estate; and
b: enter on the register any encumbrances that are registered, notified, or notifiable and described in the Secretary for the Environment's notice; and
c: make any entry in the register and do all other things necessary to give effect to section 74
5: Subsection (4) applies subject to the completion of a survey necessary to create the computer freehold register.
6: A computer freehold register must be created under this section—
a: as soon as reasonably practicable after the settlement date; and
b: no later than—
i: 24 months after the settlement date; or
ii: a later date agreed in writing or electronically by the Secretary for the Environment and the Trust.
76: Council's duties relating to soil conservation and river control
1: This section applies to the managed properties vested in the Council under section 74
2: The Council must hold the properties for soil conservation and river control purposes.
3: The Council must administer the properties in accordance with—
a: the purposes for which it holds them; and
b: the co-management agreement.
77: How Public Works Act 1981 affects managed properties
1: Sections 40 42
a: held by the Council for the public work of soil conservation and river control; and
b: acquired by the Council from the person from whom the land was first acquired for a public work.
2: If section 42(1)﻿(a) or (b)
a: section 42(1)﻿(c) and (d)
b: the chief executive of LINZ or the local authority must instead transfer the managed property to the Trust for no financial or other consideration.
3: This section ceases to apply to a managed property disposed of under subsection (2).
4: Section 50
5: This section continues to apply to a managed property disposed of under section 50
6: Subsection (7) applies when the Council—
a: ceases to require a managed property for the public work of soil conservation and river control; and
b: is considering—
i: keeping the property itself for another public work; or
ii: disposing of the property under section 50
7: The Council and the Trust must discuss whether the public work referred to in subsection (6)﻿(b)﻿(i) or (ii) could be carried out if the property were transferred to the Trust instead of being kept by the Council or disposed of under section 50
78: How various other Acts affect managed properties
1: In relation to the 1995 Act
a: sections 11 12
b: a note under section 13(3)
2: In relation to the Conservation Act 1987 section 74 Part 4A
3: In relation to the Crown Minerals Act 1991 section 74
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: In relation to the Estate and Gift Duties Act 1968 section 74(3) 77(2)﻿(b)
5: In relation to the Local Government Act 1974
6: In relation to the Resource Management Act 1991, section 11 Part 10
a: a vesting under section 74
b: a matter incidental to the vesting or required for the purpose of it.
7: In relation to Te Ture Whenua Maori Act 1993
79: Additional managed properties
1: The Governor-General may declare, by Order in Council, that a parcel of Crown-owned river-related land is a managed property.
2: The Governor-General may make an Order in Council only on the advice of the Minister for Treaty of Waitangi Negotiations.
3: An Order in Council must specify the date on which the parcel of land becomes a managed property.
4: Sections 74 to 78
5: The Minister for Treaty of Waitangi Negotiations must ensure that an Order in Council under this section is published in the Gazette Section 79(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Co-management
80: Duty to make co-management agreement
1: The Council and the Trust must make a co-management agreement about—
a: the fee simple sites:
b: the managed properties:
c: the reserve sites for the purpose only of section 70
2: The Council and the Trust must make the agreement no later than—
a: 12 months after the settlement date; or
b: a later date that they agree on electronically or in writing.
3: The agreement must contain provisions that—
a: further the exercise of mana whakahaere by Waikato-Tainui:
b: promote soil conservation and river control in a manner that is consistent with the restoration and protection of the health and wellbeing of the Waikato River for future generations:
c: provide appropriate protection for, and recognition of, sites of significance:
d: relate to the exercise of the Council's rights under section 70
e: promote the resolution of disputes.
4: The Council and the Trust must work together in a positive and constructive manner to finalise the agreement within the timeframe.
5: The Council and the Trust may resort to any facilitation, mediation, or other process that they consider to be appropriate in the process of finalising the agreement.
6: The Council and the Trust must, no later than 10 months after the settlement date or a later date that they agree on electronically or in writing, give written or electronic notice to the Minister—
a: confirming—
i: that all matters relating to the agreement have been agreed; and
ii: that all the matters are contained in a written document signed by the parties; or
b: identifying—
i: the matters that have been agreed; and
ii: the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues.
7: If notice is given under subsection (6)﻿(a), the written document becomes the agreement on the day notice is given.
8: If notice is given under subsection (6)﻿(b), the Council, the Minister, and the Trust must work together to resolve the issues.
9: The working together may continue for a period of no more than 2 months.
10: If, at the end of 2 months, all matters relating to the agreement have been resolved and are contained in a written document signed by the Council, the Minister, and the Trust, the document becomes the agreement on the day it is signed.
11: If, at the end of 2 months, an issue relating to the agreement remains in dispute, the Minister must—
a: determine the issue; and
b: on the basis of the determination, sign a written document containing the matters referred to in subsection (6)﻿(b)﻿(i) and the matters determined by the Minister; and
c: provide copies of the signed document to the Council and the Trust.
12: The document becomes the agreement on the date on which the Minister signs it.
13: The agreement is enforceable in accordance with its terms.
14: Schedule 7 Right of first refusal over Huntly Power Station
81: Definitions for sections 82 to 84
In sections 82 to 84 Huntly Power Station owner
82: Right of first refusal over leasehold estate in Huntly Power Station
1: The owner must give the Trust a notice as described in subsection (2), if the owner proposes to transfer the Huntly Power Station, or any part of it, to any person other than—
a: a Crown body; or
b: a person who has, at the date on which this section comes into force, a legal right to acquire the Huntly Power Station.
2: The notice referred to in subsection (1) must be in written or electronic form and must—
a: state the proposed price of the transfer; and
b: state the other proposed terms of the transfer; and
c: offer to transfer the Huntly Power Station to the Trust at that price and on those terms; and
d: state that, if the Trust wishes to accept the offer, it must do so within 2 months after the date on which it receives the notice; and
e: state that time is of the essence to the offer.
3: Subsection (4) applies if the Trust does 1 of the following within 2 months after the date on which it receives the notice given under subsection (1):
a: gives the owner a written or electronic notice of acceptance of the offer; or
b: agrees with the owner in writing or electronically to purchase the Huntly Power Station.
4: A contract for the sale and purchase of the Huntly Power Station—
a: is constituted between the Trust and the owner; and
b: may be enforced accordingly.
5: Subsection (6) applies if the Trust does not act under subsection (3) but instead gives the owner a written or electronic notice of refusal of the offer within 2 months after the date on which it receives the notice given under subsection (1).
6: The owner may transfer the Huntly Power Station to any purchaser the owner wishes on terms not more favourable to the purchaser than those stated in the notice given under subsection (1).
7: Subsection (8) applies if the Trust does not act under subsection (3) or (5) within 2 months after the date on which it receives the notice given under subsection (1).
8: The owner may transfer the Huntly Power Station to any purchaser the owner wishes on terms not more favourable to the purchaser than those stated in the notice given under subsection (1) in the period of 2 years after the end of the 2 months after the date on which the Trust received the notice.
9: Subsection (10) applies if—
a: the Trust does not act under subsection (3) or (5) within 2 months after the date on which it receives the notice given under subsection (1); and
b: the owner wishes to offer the Huntly Power Station to a purchaser on terms more favourable to the purchaser than those stated in the notice given under subsection (1) in the period of 2 years after the end of the 2 months after the date on which the Trust received the notice.
10: The owner—
a: must comply with subsections (1) and (2); and
b: may transfer the Huntly Power Station to the other purchaser only if a contract is not constituted under subsection (4).
11: If the owner is still the owner of the Huntly Power Station, or any part of it, at the end of the period of 2 years after the end of the 2 months after the date on which the Trust received the notice, subsections (1) to (10) apply again.
83: Effect of section 82
1: Section 82
a: sale to a person who, at the date on which this section comes into force, has a legal right to acquire it:
b: sale to the Trust:
c: sale to another purchaser.
2: The rights of a holder of a mortgage or other security over the Huntly Power Station—
a: are not affected by section 82
b: are not derogated from by section 82
c: have priority over the rights created by section 82
3: However, the holder must assure the Trust that the holder will be bound by and will perform and observe the owner’s obligations under section 82
a: must be—
i: a deed of covenant; or
ii: some other document that the Trust reasonably considers satisfactory; and
b: may be given in writing or electronically.
84: Duties of LINZ concerning Huntly Power Station
1: As soon as reasonably practicable after the date on which this section comes into force, the Registrar-General must note on the computer interest register for the Huntly Power Station the words Subject to section 82
2: If the owner is to transfer the Huntly Power Station to a person under section 82
a: the owner must notify the chief executive of LINZ of that fact; and
b: the chief executive must give a certificate recording that fact to the Registrar-General; and
c: the Registrar-General must send a copy of the certificate to the Trust; and
d: the Registrar-General must delete the words described in subsection (1) by endorsing the register under the Land Transfer Act 1952 Right of first refusal over licence
85: Definitions for section 86
In section 86 owner licence Crown Minerals Act 1991
86: Right of first refusal over licence
1: The owner must give the Trust a notice as described in subsection (2), if the owner proposes to transfer the licence to any person other than—
a: a Crown body; or
b: a person who has, at the date on which this section comes into force, a legal right to acquire the licence.
2: The notice referred to in subsection (1) must be in written or electronic form and must—
a: state the proposed price of the transfer; and
b: state the other proposed terms of the transfer; and
c: offer to transfer the licence to the Trust at that price and on those terms; and
d: state that, if the Trust wishes to accept the offer, it must do so within 2 months after the date on which it receives the notice; and
e: state that time is of the essence to the offer.
3: Subsection (4) applies if the Trust does 1 of the following within 2 months after the date on which it receives the notice given under subsection (1):
a: give the owner a written or electronic notice of acceptance of the offer; or
b: agree with the owner in writing or electronically to purchase the licence.
4: A contract for the sale and purchase of the licence—
a: is constituted between the Trust and the owner; and
b: may be enforced accordingly; and
c: is subject to section 89
5: Subsection (6) applies if a contract is not constituted under subsection (4).
6: The owner may transfer the licence to any purchaser the owner wishes on terms not more favourable to the purchaser than those stated in the notice given under subsection (1) in the period of 2 years after the end of the 2 months after the date on which the Trust received the notice.
7: Subsection (8) applies if a contract is not constituted under subsection (4) and the owner wishes to offer the licence to a purchaser on terms more favourable to the purchaser than those stated in the notice given under subsection (1) in the period of 2 years after the end of the 2 months after the date on which the Trust received the notice.
8: The owner—
a: must comply with subsections (1) and (2); and
b: may transfer the licence to the other purchaser only if a contract is not constituted under subsection (4).
9: After the end of the period of 2 years after the end of the 2 months after the date on which the trustees received the notice, subsections (1) to (8) apply again.
87: Effect of section 86
1: Section 86
a: sale to a person who, at the date on which this section comes into force, has a legal right to acquire it:
b: sale to the Trust:
c: sale to another purchaser.
2: The rights of a holder of a mortgage or other security over the licence—
a: are not affected by section 86
b: are not derogated from by section 86
c: have priority over the rights created by section 86
3: However, the holder must assure the Trust that the holder will be bound by and will perform and observe the owner’s obligations under section 86
a: must be—
i: a deed of covenant; or
ii: some other document that the Trust reasonably considers satisfactory; and
b: may be given in writing or electronically. Settlement
88: Meaning of raupatu claim
1: In section 89 raupatu claim
2: Raupatu claim
a: Waikato-Tainui or a representative entity had at any time before the settlement date or at the settlement date or may have at any time after the settlement date, whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date; and
b: is, or is founded on, a right arising—
i: from the Treaty of Waitangi or its principles; or
ii: under legislation; or
iii: at common law (including common law relating to aboriginal title or customary law); or
iv: from a fiduciary duty; or
v: in some other way; and
c: arises from, or relates to, acts or omissions before 21 September 1992—
i: by, or on behalf of, the Crown; or
ii: by or under legislation; and
d: relates to the Waikato River.
3: Raupatu claim
4: Raupatu claim
a: a claim that a member of Waikato-Tainui, or a marae, whaanau, or hapuu of Waikato-Tainui, may have that is, or is founded on, a right arising as a result of being descended from an ancestor who is not within the definition of Waikato-Tainui; or
b: any excluded claim described in section 8(2)
c: a claim that a representative entity may have to the extent to which the claim is, or is based on, a claim referred to in paragraph (a) or (b).
89: Raupatu claims settled
On and from the settlement date,—
a: the raupatu claims are settled; and
b: the Crown is released and discharged from all obligations and liabilities in respect of the raupatu claims; and
c: the settlement is final; and
d: despite sections 8C 8HD
90: Certain rights, actions, and decisions not affected
1: Without derogating from section 64(1)
a: extinguishes or limits any aboriginal title, or any customary right, that Waikato-Tainui may have:
b: is, or implies, an acknowledgement by the Crown that any aboriginal title, or any customary right, exists:
c: affects a right that Waikato-Tainui or the Crown may have, including a right—
i: according to tikanga or customary law:
ii: arising from the Treaty of Waitangi or its principles:
iii: arising under legislation:
iv: arising at common law (including common law relating to aboriginal title or customary law):
v: arising from a fiduciary duty:
vi: arising in some other way:
d: is intended to affect any action or decision under the 1992 deed.
2: On and from the settlement date,—
a: the courts, the Waitangi Tribunal, and all other judicial bodies and tribunals do not have jurisdiction over—
i: the raupatu claims:
ii: the 2008 deed:
iii: the 2009 deed:
iv: the adequacy of the redress described in clause 2.2 of the 2008 deed:
v: the adequacy of the redress described in clause 3.2 of the 2009 deed:
vi: this Act:
b: the proscription of jurisdiction includes the jurisdiction to inquire into or to make a finding or recommendation:
c: the proscription of jurisdiction does not include the jurisdiction to interpret and implement the deeds, the redress described in clause 2.2 of the 2008 deed, the redress described in clause 3.2 of the 2009 deed, and this Act:
d: sections 27A to 27C
91: Duties of LINZ concerning memorialised lands
1: As soon as reasonably practicable after the settlement date, the chief executive of LINZ must give 1 or more certificates to the Registrar-General that—
a: identifies each computer register that contains memorialised lands; and
b: states that it is issued under this section.
2: As soon as reasonably practicable after receiving a certificate, the Registrar-General must—
a: register the certificate against each certificate of title or computer freehold register identified in the certificate; and
b: cancel each memorial under sections 27A to 27C Miscellaneous
92: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act, including section 11
a: the Trust and the Waikato River Clean-up Trust may exist in law; or
b: the trustees of the Trust and the Waikato River Clean-up Trust may hold or deal with property or income from property in their capacity as trustees.
2: No rule of law or provisions of an Act, including section 11 Section 92 replaced 30 January 2021 section 161 Trusts Act 2019
93: Regulations and bylaws
1: The Governor-General may, by Order in Council, make regulations consistent with the overarching purpose of the settlement for the Waikato River for the management of aquatic life, habitats, and natural resources managed under the conservation legislation.
2: Regulations under subsection (1) may provide for the use for cultural purposes of—
a: the body or a part of the body of dead wildlife, as defined in section 2(1) Schedules 1 5
b: the bone, teeth, or baleen obtained from dead marine mammals, as defined in section 2(1)
3: Within 80 business days of the settlement date, the Minister of Fisheries must recommend to the Governor-General the making of regulations under the Fisheries Act 1996
4: Within 80 business days of the settlement date, the Minister of Fisheries must recommend to the Governor-General the making of regulations under the Fisheries Act 1996
5: The Minister of Fisheries must make any bylaws recommended under subsection (4), unless the Minister is satisfied that the proposed bylaws would have an undue adverse effect on fishing.
6: Regulations under subsection (1) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1). Legislation Act 2019 requirements for secondary legislation made under subsection (1) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 93(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
94: Accords
1: In respect of accords agreed under clause 9.3 of the 2009 deed, each responsible Minister and the Commissioner of Crown Lands must enter into the accord with the Trust on the settlement date on the terms agreed with the Trust.
2: In respect of accords agreed under clause 9.4 of the 2008 deed, each responsible Minister must enter into the accord with the Trust on the date on which the accord is agreed on the terms agreed with the Trust.
3: The terms of an accord may be varied by agreement between the responsible Minister and the Trust, or the Commissioner of Crown Lands and the Trust, in accordance with its terms.
95: Authority and Trust: public bodies, entities, and authorities
1: The Authority and the Trust are public bodies for the purposes of clause 30 Local Government Act 2002
2: The Authority is a public entity as defined in section 4
3: The Authority is a public authority for the purposes of the definition of public authority in the Resource Management Act 1991
4: The Trust—
a: is a public authority for the purposes of paragraph (a) of the definition of public authority in the Resource Management Act 1991
b: is a public authority for the purposes of paragraph (b) of the definition of public authority in the Resource Management Act 1991
96: Consequential amendments
The enactments in Schedule 8 OIC SR 2010/379 2010-11-25 Treaty of Waitangi Act 1975 Fisheries (Kaimoana Customary Fishing) Regulations 1998