Pouakani Claims Settlement Act 2000

1: Title
This Act is the Pouakani Claims Settlement Act 2000.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
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) brought into force 1 March 2001 clause 2 Pouakani Claims Settlement Act Commencement Order 2001 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose
The purpose of this Act is—
a: to record the apology given by the Crown to the Pouakani people in the deed of settlement executed on 19 November 1999 by the then Minister in Charge of Treaty of Waitangi Negotiations, the Right Honourable Sir Douglas Arthur Montrose Graham, for the Crown, and the trustees of the Pouakani Claims Trust as the mandated representative of the Pouakani people; and
b: to give effect to certain provisions of that deed of settlement, being a deed that settles the Pouakani boundary claims and the Pouakani historical claims.
4: Act to bind the Crown
This Act binds the Crown.
1: Acknowledgements and apology by the Crown to the Pouakani people
5: Acknowledgements and apology
This Part records the acknowledgements and apology given by the Crown to the Pouakani people in the deed of settlement.
6: Text in Māori
The text of the acknowledgements and apology in Māori is as follows:
1: E rongo ana te Karauna i te mamae o ngā tāngata o Pouakani i te whakahaere o ngā Ture Whenua Māori i roto i tō rātou rohe.
2: E whakaae ana a te Karauna i hē te mahi me te pā mai o ngā Ture Whenua Māori ki ngā tāngata o Pouakani. Ko ēnei hē, e pā ana ki te āhua o te whakatakoto, o te whakatikatika me te hoko i ngā taitara ki ō rātou whenua, ā, e hāngai ana ki—
a: Te Ripa Tauārai Whakateuru o te Poraka Whenua o Pouakani:
b: Te Hē o Ngā Rūri:
3: E whakaae ana te Karauna, nā runga i te mea kāore i tiakina e ia ngāpānga whenua e hiahiatia ana e ngā tāngata o Pouakani kia pupuritia, i takahia e ia ngā mātāpono o te Tiriti o Waitangi
4: E mea ana te Karauna, kāore he ārikarika o tōna pōuri mō tana kore tiaki pai i ngā pānga whenua i hiahia nei ngā tāngata kāinga kia pupuritia.
5: Ka noho pōuri te Karauna mō ngā mahi hē e whakaaetia ana i mahia, ka mutu, ka whakataungia te take i waenganui i a ia me ngā tāngata o Pouakani, kia pai ai te ahu atu ki tētahi wā mahi tahi, mahi pai, tētahi ki tētahi.
7: Text in English
The text of the acknowledgements and apology in English is as follows:
1: The Crown acknowledges the sense of grievance felt by the Pouakani people in relation to the operation of the Native Land Laws in their rohe.
2: The Crown acknowledges that the operation and impact of the Native Land Laws caused the Pouakani people to suffer prejudice in their rohe, including through the manner in which the title to their lands was defined, rearranged and purchased, and in particular,—
a: Western Boundary of Pouakani Block: Native Land Court Acts Amendment Act 1889
b: Inaccuracies of Survey:
3: The Crown acknowledges that because it failed to protect the interests of the Pouakani people in the lands they wished to retain, that it has breached the principles of the Treaty of Waitangi
4: The Crown expresses its profound regret and apologises unreservedly to the Pouakani people for failing to protect their interests in the lands they wished to retain.
5: The Crown apologises for the acknowledged injustices so far as that is now possible and accordingly settles with the Pouakani people in order to enter into a new age of co-operation.
2: Interpretation
8: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement. 1998 No 97 s 7 1999 No 118 s 6
9: Interpretation of terms
In this Act, unless the context otherwise requires,— 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: a day in the period commencing with 25 December in any year, and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the days observed as the anniversaries of the provinces of Wellington and Auckland chief executive Chief Surveyor Crown
a: means Her Majesty the Queen in right of New Zealand; and
b: includes, all Ministers of the Crown and all departments deed of settlement
a: means the deed of settlement executed on 19 November 1999 by the then Minister in Charge of Treaty of Waitangi Negotiations, the Right Honourable Sir Douglas Arthur Montrose Graham, for the Crown, and the trustees of the Pouakani Claims Trust as the mandated representative of the Pouakani people; and
b: includes—
i: the attachments and schedules to the deed of settlement; and
ii: any amendments from time to time to the deed or to the attachments or to the schedules encumbrance Heritage New Zealand Pouhere Taonga section 6 Māori freehold land section 4 Minister Pouakani B9B Trust
a: means the trust known by that name created by an order of the Māori Land Court on 4 June 1986 (as substituted by a new trust order made by that court on 3 December 1991); and
b: includes that trust under any other name Pouakani Block Pouakani boundary claims section 11 Pouakani claimant
a: the Pouakani people:
b: 1 or more individuals, whanau, marae, or hapu of the Pouakani people:
c: the Pouakani governance entity:
d: the Pouakani Claims Trust:
e: a trustee of the Pouakani Claims Trust:
f: a person acting on behalf of any 1 or more persons or groups referred to in paragraphs (a) to (e):
g: a person acting on behalf of any 1 or more persons who comprise a part of, are beneficiaries of, or are members of, any 1 or more persons or groups referred to in paragraphs (a) to (e) Pouakani Claims Trust Pouakani Forest Pouakani governance entity Pouakani historical claims section 10 Pouakani people
a: the owners included in Schedule 1 of the deed of settlement, as identified by that court in a judgment dated 4 August 1891 and recorded in Waikato Minute Book, Volume 27, Folio 177 to 184 inclusive, Volume 28, Folio 2 to 27 and 32 to 34 inclusive; and
b: the descendants included in Schedule 2 of the deed of settlement, as identified by that court in an order dated 11 May 1959; and
c: any other person accepted by that court as being a descendant of the original owners of the Pouakani Block Pouakani recipient
a: to whom redress is provided, or property is transferred, under the deed of settlement; or
b: in whom property is vested under this Act Registrar settlement settlement date settlement property Section 9 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 9 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 9 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
10: Meaning of Pouakani historical claims
1: In this Act, Pouakani historical claims
a: all claims (whether or not researched, registered, or notified) made at any time by a Pouakani claimant and—
i: founded on rights arising from the Treaty of Waitangi
ii: arising from or relating to acts or omissions before 21 September 1992—
A: by or on behalf of the Crown; or
B: by or under legislation; and
b: all of the claims referred to in the Wai 33 and Wai 405 claims to the Waitangi Tribunal, including—
i: the claims of 27 March 1987; and
ii: the amended statement of claim of 23 October 1987 referred to in Appendix 2 of the Waitangi Tribunal Report 1993 (The Pouakani Report 1993 (Wai 33)); and
iii: the addendum to the amended statement of claim dated 27 April 1989 and referred to in Appendix 2 of the Waitangi Tribunal Report 1993; and
iv: the claims of 21 October 1993.
2: In this Act, Pouakani historical claims
11: Meaning of Pouakani boundary claims
In this Act, Pouakani boundary claims
a: the location or surveying of the external boundaries of the Pouakani Block, or the boundaries of its internal subdivisions; or
b: the ownership of that land and any resources within those boundaries as at the settlement date.
3: Settlement of claims
12: Settlement of Pouakani historical claims and Pouakani boundary claims to be final
1: The settlement of the Pouakani boundary claims and the Pouakani historical claims to be effected under the deed of settlement and this Act is final, and the Crown is released and discharged from any obligations, liabilities, and duties in respect of those claims.
2: Subsection (1) does not limit the acknowledgements expressed in, or any of the provisions of, the deed of settlement.
3: Despite any other enactment or rule of law, on and from the settlement date, no court, judicial body, or tribunal has jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—
a: any or all of the Pouakani boundary claims and the Pouakani historical claims; or
b: the validity of the deed of settlement; or
c: the adequacy of the redress provided to the Pouakani governance entity and others under this Act or under the deed of settlement; or
d: this Act.
4: Subsection (3) does not exclude the jurisdiction of a court, judicial body, or tribunal in respect of the interpretation or implementation of the deed of settlement or this Act. 1998 No 97 s 461 1999 No 118 s 9
13: Jurisdiction of Waitangi Tribunal to consider claims
Section 13 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
14: Enactments relating to protections for land subject to Pouakani historical claims and Pouakani boundary claims no longer to apply
1: Nothing in the enactments listed in subsection (2) applies in relation to any land (other than the land described in subsection (3))—
a: comprised in or formerly comprised in certificate of title 49D/847 (South Auckland Land District); or
b: described in SO Plan 61526.
2: The enactments are—
a: sections 8A to 8HA
b: the amendments made to the Treaty of Waitangi Act 1975 Part 4
c: sections 27A to 27C
d: sections 568 to 570
e: Part 3
3: Subsection (1) does not apply to the land described in ML Plan 14984. 1998 No 97 s 463 1999 No 118 s 11 Section 14(2)﻿(d) replaced 1 August 2020 section 668 Education and Training Act 2020
15: Removal of resumptive memorials
1: The chief executive must, as soon as reasonably practicable after the settlement date, issue to the Registrar a certificate that identifies each certificate of title that—
a: relates solely to land referred to in section 14(1)﻿(a) and (b)
b: contains a memorial entered under any of the enactments referred to in section 14(2)
2: Each certificate must state that it is issued under this section.
3: The Registrar must, as soon as reasonably practicable after receiving a certificate issued under subsection (1), and without fee to the registered proprietor or to the Pouakani governance entity,—
a: register the certificate against each certificate of title identified in the certificate; and
b: cancel each memorial that, under any of the enactments referred to in section 14(2)
4: Subsection (3) does not require the Registrar to note any duplicate certificate of title. 1998 No 97 s 464 1999 No 118 s 12
16: Crown may dispose of Pouakani Forest if forest not transferred to Pouakani governance entity
1: If the Pouakani Forest is not transferred to the Pouakani governance entity under clause 5.2 of the deed of settlement,—
a: the Crown may sell or otherwise dispose of the Pouakani Forest; and
b: the Minister for State Owned Enterprises and the Minister of Finance may, by notice in the Gazette Land Act 1948
2: This section applies despite anything in the Crown Forest Assets Act 1989
3: If the Pouakani Forest is sold or otherwise disposed of under this section it ceases to be Crown forest land within the meaning of section 2(1) 1998 No 97 s 38
17: Settlement for benefit of Pouakani people
1: The settlement is for the benefit of, and binding upon, the Pouakani people, and not for the benefit of any individual, particular whanau, particular marae, or particular hapu (except to the extent determined otherwise after the settlement date by the Pouakani governance entity in accordance with its governance procedures).
2: Subsection (1) does not apply to clause 7.2.4 of the deed of settlement or section 29 1998 No 97 s 467 1999 No 118 s 13 Miscellaneous
18: Limit on duration of trusts does not apply
No rule of law or provisions of an Act limiting the duration of a trust, including section 16 1998 No 97 s 466 1999 No 118 s 14 Section 18 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 18 amended 30 January 2021 section 161 Trusts Act 2019
4: General provisions as to transfer and vesting of settlement properties
19: Power to transfer settlement properties
1: For the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:
a: transfer the fee simple estate in any settlement property to a Pouakani recipient:
b: sign a memorandum of transfer, or any other document, or do any other thing for the purposes of such a transfer.
2: In exercising the powers conferred by subsection (1), the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the sale or other disposition of the settlement property.
3: If the fee simple estate in the Pouakani Forest is transferred to a Pouakani recipient, the Pouakani Forest ceases to be Crown forest land within the meaning of section 2(1)
4: If an action is required to be undertaken by the Registrar under this Act, it is without fee to the registered proprietor or to the Pouakani recipient. 1998 No 97 s 20(1)–(3) 1999 No 118 s 15(1)–(3)
20: Application of other enactments
1: Nothing in section 11 Part 10
a: the transfer or vesting of a settlement property for the purpose of giving effect to the deed of settlement; or
b: any matter incidental to, or required for the purpose of, the transfer or vesting of a settlement property for the purpose of giving effect to the deed of settlement.
2: Neither this Act nor any transfer or vesting of the fee simple estate in a settlement property under this Act, limits section 10 section 11
3: The transfer or vesting of the fee simple estate in a settlement property under this Act is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 1998 No 97 s 45
21: Issue of certificates of title
1: Subsection (2) applies if the fee simple estate in any settlement property for which no certificate of title has been issued or currently exists under the Land Transfer Act 1952
a: is vested in, or held by, the Crown; but
b: is to be transferred to, or vested in, a Pouakani recipient under the deed of settlement.
2: If this subsection applies, then, despite any other enactment or rule of law, the Registrar must, at the request of the Commissioner of Crown Lands and after completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 1998 No 97 s 46
5: Transfer and vesting of settlement properties
1: Settlement of Pouakani historical claims
Transfer of Pouakani forest
22: Crown may sell Crown forestry assets
1: The Crown may sell Crown forestry assets for the purpose of giving effect to the deed of settlement.
2: This section applies despite anything in the Crown Forest Assets Act 1989
3: In this section, Crown forestry assets section 2(1)
23: Covenant to complete survey work
1: Despite any enactment or rule of law, the covenant granted under paragraph 3.3 of attachment 5.4 of the deed of settlement—
a: must be registered by the Registrar under section 126A
b: whether registered or not, has effect and is enforceable even if the covenant is positive and there is no dominant tenement.
2: Despite anything in the Land Transfer Act 1952
a: the Minister may request the Registrar to register the covenant under that Act by constituting it a folium in the register book; and
b: the Registrar must register the covenant accordingly. 1998 No 97 s 39
24: Section 24H(6) of Conservation Act 1987 to apply
1: Section 24H(6)
a: the Pouakani governance entity were the holder of a Crown forestry licence under the Crown Forest Assets Act 1989
b: the Minister of Conservation had appointed the Pouakani governance entity to be the manager of the marginal strip.
2: In this section, marginal strip section 2(1)
25: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement required to enable the Crown to comply with paragraphs 3.4.3 and 3.5 of attachment 5.4 to the deed of settlement.
2: An easement granted under subsection (1)—
a: is registrable under section 17ZA(2)
b: is enforceable in accordance with its terms, despite Part 3B 1998 No 97 s 41
26: Permission of council not required to form private road or private way
The permission of a council (within the meaning of Part 21 1998 No 97 s 20(7)
27: Preservation order cancelled
1: The order of the High Court dated 28 August 1987 made in relation to the proceedings Attorney-General for and on behalf of the Department of Conservation v J H Paki & Others of the Pouakani B9B Trust
2: In this section, effective date
a: the selection date (as defined by clause 5.1 of the deed of settlement) if the Pouakani governance entity has not given notice under clause 5.2.3 of the deed of settlement by that date; or
b: the transfer date (as defined by clause 5.1 of the deed of settlement) if the Pouakani governance entity has given that notice.
2: Settlement of Pouakani boundary claims
Confirmation of western boundary of Pouakani Block
28: Confirmation of western boundary of Pouakani Block
1: The western boundary of the Pouakani Block as defined in section 29 of the Native Land Court Acts Amendment Act 1889 (as confirmed by the 1996 decision of the Maori Land Court (6 December 1996, Gisborne, 68 Taupo minute book 122 A-L)) is confirmed.
2: Despite subsection (1), the survey of the western boundary of the Pouakani Block as approved by the Native Land Court in 1891 is valid in so far as the survey determined, or has been relied upon for, the internal subdivisions within the Pouakani Block and the Maraeroa Block.
3: The ownership by the Crown of the area of land described in subsection (4) is confirmed and is not affected by this section.
4: For the purposes of subsection (3), the area of land is the area of land (other than the land referred to in subsection (5)) within—
a: the western boundary of the Pouakani Block as defined in section 29 of the Native Land Court Acts Amendment Act 1889 (as confirmed by the 1996 decision of the Maori Land Court (6 December 1996, Gisborne, 68 Taupo minute book 122 A-L)); and
b: the western boundary of the Pouakani Block as approved by the Native Land Court in 1891.
5: The existing ownership of the land comprised in certificate of title 44C/4 (South Auckland Land District), as at 19 November 1999, is confirmed and is not affected by this section. Pouakani B9B Block
29: Pouakani B9B Block
1: The boundaries of Block B9B are shown on ML Plan 22432.
2: In this section and in section 30 Block B9B
30: Issue of certificate of title for Block B9B
1: The Registrar must issue a certificate of title under the Land Transfer Act 1952
2: The certificate of title must be issued as soon as reasonably practicable after the date of vesting under section 31(1)﻿(b)
a: 12 months after the date of vesting under section 31(1)﻿(b)
b: such later date as may be agreed to in writing between the Pouakani governance entity and the Crown.
3: Subject to subsection (4), that certificate of title must include—
a: a sufficient description of any easement, mortgage, or other registrable or notifiable encumbrance over Block B9B; and
b: a memorial containing—
i: a brief description of the rights, powers, terms, covenants, conditions, and restrictions attaching to it; and
ii: a reference to the notice supplied by the Minister under subsection (5).
4: An encumbrance that is not registrable under the Land Transfer Act 1952
5: The Minister must supply the Registrar with a notice, containing a description of any registrable or notifiable encumbrances subject to which, or with the benefit of which, the land for which a certificate of title is to be issued under subsection (1) is vested, or advising that there are no such encumbrances—
a: as soon as reasonably practicable after the coming into force of this Act; and
b: in any case, in sufficient time to enable the Registrar to carry out the functions of the Registrar under this section. Vesting of stewardship land
31: Stewardship land vested in Pouakani governance entity
1: On the settlement date or on the date that the Chief Surveyor approves the plan of the boundaries of the stewardship land, whichever occurs later,—
a: the stewardship land ceases to be a conservation area for the purposes of the Conservation Act 1987
b: the fee simple estate in the stewardship land is vested in the Pouakani governance entity as Māori freehold land, subject to those encumbrances disclosed by the Crown to the Pouakani Claims Trust under clause 6.5.10(a) of the deed of settlement.
2: In this section and in section 32 stewardship land
32: Issue of certificate of title for stewardship land
1: The Registrar must issue a certificate of title under the Land Transfer Act 1952
2: The certificate of title must be issued as soon as reasonably practicable after the date of vesting under section 31(1)﻿(b)
a: 12 months after the date of vesting under section 31(1)﻿(b)
b: such later date as may be agreed to in writing between the Pouakani governance entity and the Crown.
3: Subject to subsection (4), that certificate of title must include—
a: a sufficient description of any easement, mortgage, or other registrable or notifiable encumbrance over the stewardship land; and
b: a memorial containing—
i: a brief description of the rights, powers, terms, covenants, conditions, and restrictions attaching to it; and
ii: a reference to the notice supplied by the Minister under subsection (5).
4: An encumbrance that is not registrable under the Land Transfer Act 1952
5: The Minister must supply the Registrar with a certificate, containing a description of any registrable or notifiable encumbrances subject to which, or with the benefit of which, the land for which a certificate of title is to be issued under subsection (1) is vested, or advising that there are no such encumbrances—
a: as soon as reasonably practicable after the coming into force of this Act; and
b: in any case, in sufficient time to enable the Registrar to carry out the functions of the Registrar under this section.
6: Cultural redress
33: Interpretation
1: In this Part and in Schedule 2 Schedule 3 consent authority section 2(1) Crown MOU land Crown-owned area of Titiraupenga Schedule 3 effective date memorandum of understanding sections 43 to 47 MOU land resource consent section 87 statement of joint aspirations Schedule 2 statutory acknowledgement section 35 sections 35 to 42 and 48 to 50 Titiraupenga
2: The references to the plan included in Schedule 3 Statement of joint aspirations
34: Statement of joint aspirations
The Crown gives jointly with the Pouakani people the statement of joint aspirations contained in Schedule 2 Statutory acknowledgement
35: Statutory acknowledgement by the Crown
The Crown acknowledges the statements made by the Pouakani people of the particular cultural, spiritual, historic, and traditional association of the Pouakani people with the Crown-owned area of Titiraupenga, the text of which is set out in Schedule 3 1998 No 97 s 206
36: Purposes of statutory acknowledgement
Without limiting sections 48 to 50
a: to require that consent authorities forward summaries of resource consent applications to the Pouakani governance entity as required by regulations made under section 37
b: to require that consent authorities, Heritage New Zealand Pouhere Taonga sections 38 to 40
c: to enable the Pouakani governance entity and any member of the Pouakani people to cite the statutory acknowledgement as evidence of the association of the Pouakani people to the Crown-owned area of Titiraupenga, as provided in section 41 1998 No 97 s 215 Section 36(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
37: Distribution of applications to Pouakani governance entity
1: The Governor-General may, by Order in Council and on the recommendation of the Minister for the Environment, make regulations, as contemplated by clause 3.2.2 of the deed of settlement,—
a: providing for consent authorities to forward to the Pouakani governance entity a summary of any applications received for resource consents for activities within, adjacent to, or impacting directly on the Crown-owned area of Titiraupenga; and
b: providing for the Pouakani governance entity to waive its rights to be notified under such regulations.
2: Nothing in regulations made under this section affects in any way the discretion of a consent authority as to—
a: whether to notify an application under sections 93 to 94C
b: whether the Pouakani governance entity may be adversely affected
3: Regulations under this section are secondary legislation ( see Part 3 1998 No 97 s 207 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 37(2)﻿(a) amended 1 August 2003 section 106(1)﻿(a) Resource Management Amendment Act 2003 Section 37(2)﻿(b) amended 1 August 2003 section 106(1)﻿(b) Resource Management Amendment Act 2003 Section 37(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
38: Consent authorities must have regard to statutory acknowledgments
From the effective date, and without derogation from its obligations under Part 2 sections 93 to 94C Section 38 substituted 1 August 2003 section 106(2) Resource Management Amendment Act 2003
39: Environment Court to have regard to statutory acknowledgement under section 274 of Resource Management Act 1991
From the effective date, and without derogating from its obligations under Part 2 section 274 1998 No 97 s 209
40: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 40 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
41: Use of statutory acknowledgement with submissions
1: The Pouakani governance entity and any member of the Pouakani people may, as evidence of the Pouakani people’s association with the Crown-owned area of Titiraupenga, cite the statutory acknowledgement in submissions to, and in proceedings before, a consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of the statement of association, as recorded in the statutory acknowledgement, is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
a: consent authorities; and
b: the Environment Court; and
c: Heritage New Zealand Pouhere Taonga; and
d: parties to proceedings before those bodies; and
e: any other person able to participate in those proceedings.
3: Despite subsection (2) the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: Subsections (2) and (3) are for the avoidance of doubt.
5: Neither the Pouakani governance entity nor any member of the Pouakani people is precluded from stating that the Pouakani people have an association with the Crown-owned area of Titiraupenga that is not described in the statutory acknowledgement.
6: The content and existence of the statutory acknowledgement do not derogate from a statement made under subsection (5). 1998 No 97 s 211 Section 41(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 41(2)﻿(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
42: Recording of statutory acknowledgement on statutory plans
1: Local authorities with jurisdiction in respect of the Crown-owned area of Titiraupenga must attach information recording the statutory acknowledgement to—
a: all regional policy statements, regional plans, district plans, and proposed plans (as defined in section 2
i: cover, wholly or partly, the Crown-owned area of Titiraupenga; and
ii: are prepared under the Resource Management Act 1991
b: all proposed policy statements, of the kind referred to in Schedule 1
i: cover, wholly or partly, the Crown-owned area of Titiraupenga; and
ii: are prepared under the Resource Management Act 1991
2: The attachment of information under subsection (1) to a document referred to in that subsection—
a: may be by way of reference to this Part or by setting out the statutory acknowledgement in full; and
b: is for the purpose of public information only, and the information is neither part of the document (unless adopted by the relevant regional council or district council) nor subject to the provisions of Schedule 1 1998 No 97 s 220 Memorandum of understanding
43: Authorisation to enter into and amend memorandum of understanding
1: The Minister of Conservation (as the Minister of the Crown responsible for the management or administration of the Crown MOU land) has power to enter into, and amend, the memorandum of understanding.
2: The memorandum of understanding may be amended only by written agreement between the Minister of Conservation and the Pouakani governance entity. 1998 No 97 s 212
44: Alienation of land terminates memorandum of understanding
1: In the event that any Crown MOU land is alienated by the Crown, the memorandum of understanding is automatically terminated in so far as it applies to the land that has been alienated.
2: In this section, alienated
a: is no longer responsible for the management of the land; and
b: has either—
i: transferred the estate in fee simple in the land to a person who is not a party to the deed of settlement; or
ii: granted a new lease over the land to a person who is not a party to the deed of settlement, the term of the lease (including any right of renewal or extension) being at least 50 years. 1998 No 97 s 214
45: Memorandum of understanding subject to Crown obligations
The memorandum of understanding and any amendments to it are entered into subject to, and without restriction on,—
a: the obligations of the Minister of Conservation, the Director-General of Conservation, and the Department of Conservation to discharge their respective powers, duties, and functions in accordance with existing law and government policy from time to time; and
b: the Crown’s powers to amend policy and to introduce legislation amending existing law. 1998 No 97 s 283 1999 No 118 s 19
46: Enforceability of memorandum of understanding
1: The Minister of Conservation must comply with the memorandum of understanding as long as it remains in force.
2: If the Minister of Conservation fails unreasonably to comply with the memorandum of understanding, the Pouakani governance entity may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages are not available as a remedy for failure to comply with the memorandum of understanding. 1998 No 97 s 285(1)–(3) 1999 No 118 s 21(1), (2), (4)
47: Noting of memorandum of understanding
1: The existence of the memorandum of understanding, as amended from time to time, and a summary of the terms of the memorandum must be noted in all conservation management strategies and conservation management plans that affect the MOU land.
2: Noting of the memorandum of understanding under this section is for the purpose of public notice only, and is not an amendment to a strategy or plan for the purpose of section 17I 1998 No 97 s 284 1999 No 118 s 20 Effect of statement of joint aspirations, statutory acknowledgement, and memorandum of understanding
48: Exercise of powers, duties, and functions
Except as expressly provided in sections 36 38 to 41
a: neither the statutory acknowledgement nor the statement of joint aspirations affects, or may be taken into account in, the exercise of a power, duty, or function by a person or entity under a statute, regulation, or bylaw; and
b: without limiting paragraph (a), no person or entity, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to the Pouakani people’s association with the Crown-owned area of Titiraupenga or aspirations for Titiraupenga (as described in the statutory acknowledgement or the statement of joint aspirations, as the case may be) than that person or entity would give under the relevant statute, regulation, or bylaw if—
i: no statutory acknowledgement existed in respect of the Crown-owned area of Titiraupenga; and
ii: no statement of joint aspirations existed in respect of Titiraupenga. 1998 No 97 s 217
49: Rights not affected
Except as expressly provided in sections 34 to 42 48 50 1998 No 97 s 218
50: Limitation of rights
Except as expressly provided in sections 34 to 49 1998 No 97 s 219 Amendment to Resource Management Act 1991
51: Amendment to Resource Management Act 1991
Amendment(s) incorporated in the Act(s)